OAR 413-110-0210: Initiation of a Termination of Parental Rights Proceeding

The Department must initiate a termination of parental rights proceeding to legally free a child for the purpose of adoption only when: (1) The Department has determined that adoption is the most appropriate permanency plan for the child pursuant to OAR 413-070-0500 through 413-070-0519; (2) The Department has determined that there is not another permanency plan that would better meet the child’s needs for safety, attachment, permanency, and well-being; (3) If the child is an Indian child, the Department has determined, in consultation with the child's Tribe(s), that tribal customary adoption is not an appropriate permanency plan for the child. (4) The Assistant Attorney General and Legal Assistance Specialist, in consultation with the caseworker and supervisor, have determined that it is appropriate to file petitions to terminate parental rights; and (5) The court has changed the child’s permanency plan to adoption after a permanency hearing pursuant to ORS 419B.476.