OAR 413-120-0628: Criteria for Using the Cooperative Adoption Mediation Process

(1) The fundamental criteria for referring a child for a cooperative adoption mediation process is the best interest of the child’s well-being, permanency and safety. It is the responsibility of the department to determine if a referral for mediation is appropriate in accordance with the criteria of OAR 413-120-0628(1) through (3). (2) Parent(s) who actively chose adoption for their child through voluntary relinquishment of parental rights and who do not present a danger to their child or to an adoptive resource, may be most appropriate to participate in a cooperative adoption mediation process. However, parent(s) who have an adversarial relationship with the Department may be able to work cooperatively with a mediator and the adoptive resource in a cooperative adoption mediation process. (3) The decision of a parent to relinquish parental rights or a Department decision to proceed to a termination of parental rights trial must be made independent from the Department’s decision to refer a case for cooperative adoption mediation. One decision must not be conditioned upon the other. (a) Relinquishment or termination of parental rights resolves the child’s legal status; (b) The cooperative adoption mediation process is not a means to avoid a termination of parental rights trial. At no time shall a voluntary relinquishment be conditioned on the willingness of the parent and/or adoptive resource to enter into a cooperative adoption mediation process; (c) Caseworkers may not guarantee a certain level of openness in adoption nor make any promises regarding the cooperative adoption mediation process to convince a parent(s) to voluntarily relinquish the child for adoption.