OAR 413-120-0155: Conditions for Not Filing a Petition for Adoption

Pursuant to ORS 419B.529 and notwithstanding ORS 109.309, an adoptive resource is not required to file a petition for adoption if all of the following conditions are in place: (1) A juvenile court that is a circuit court has entered an order of permanent commitment of the child to the Department pursuant to ORS 419B.527, or the parent has signed and Department of Human Services Office of Safety and Permanency for Children has accepted a release and surrender to the Department and a certificate of irrevocability and waiver as provided in ORS 418.270 regarding the child. (2) The Department has completed a home study that finds the adoptive resource suitable to adopt the child and consents to the adoption; and (3) The adoptive resource elect to legalize the adoption through the juvenile court.