OAR 413-130-0000: Definitions

The following definitions apply to rules in OAR chapter 413, division 130. (1) "Adoptee" pursuant to ORS 109.425 means an individual who has been adopted in the State of Oregon. (2) "Adoption" has the meaning given in OAR 413-120-0000(1). (3) "Adoption assistance" means assistance provided on behalf of an eligible child or young adult to offset the costs associated with adopting and meeting the on-going needs of the child or young adult. "Adoption assistance" may be in the form of payments, medical coverage, reimbursement of nonrecurring expenses, or special payments. (4) "Adoption assistance agreement" means a written agreement, binding on the parties to the agreement, between the Department and the pre-adoptive family or adoptive family of an eligible child or young adult. The agreement sets forth the assistance the Department is to provide on behalf of the child or young adult, the responsibilities of the pre-adoptive family or adoptive family and the Department, and the manner in which the agreement and amount of assistance may be modified or terminated. (5) "Adoption assistance agreement only" means a written agreement, binding on the parties to the agreement, between the Department and the pre-adoptive family or adoptive family of an eligible child or young adult, when the pre-adoptive family or adoptive family is not receiving an adoption assistance payment or medical coverage at the time of the agreement but may request it at a later date. (6) "Adoption assistance payment" means a monthly payment made by the Department to the pre-adoptive family or adoptive family on behalf of an eligible child or young adult. (7) "Adoption Assistance Review Committee" means a committee composed of local and central office Department staff with expertise in the area of adoption. (8) "Adoptive family" means an individual or individuals who have legalized a parental relationship to the child who joined the family through a judgment of the court. (9) "Adoptive parent" means an adult who has become a parent of a child through adoption. (10) "Agency" means a public or private organization licensed or authorized under Oregon laws to place children for adoption. (11) "Alleged genetic parent" means an individual who is alleged to be, or alleges that the individual is, a genetic parent or possible genetic parent of a child whose parentage has not been adjudicated. It does not include a presumed parent, an individual whose parentage rights have been terminated or declared not to exist, an individual whose nonparentage of the child has been adjudicated or a donor. (12) "Applicable child" has the same meaning as in OAR 413-100-0335. (13) "Assisted search" means the work carried out to locate and make confidential contact with a sought for individual upon the application of an authorized requester. (14) "Base rate payment" means a payment to the resource parent or relative caregiver for the costs of providing the child or young adult with the following: (a) Food, including the special or unique nutritional needs of the child or young adult; (b) Clothing, including purchase and replacement; (c) Housing, including maintenance of household utilities, furnishings, and equipment; (d) Daily supervision, including teaching and directing to ensure safety and well-being at a level appropriate for the age of the child or young adult; (e) Personal incidentals, including personal care items, entertainment, reading materials, and miscellaneous items; and (f) Transportation, including gas, oil, and vehicle maintenance and repair costs for local travel associated with providing the items listed above, and transportation to and from extracurricular, childcare, recreational, and cultural activities. (15) "CANS screening" means Child and Adolescent Needs and Strengths screening, a process of gathering information on the needs and strengths of a child or young adult: (a) To identify case planning, service planning and supervision needs of the child or young adult in substitute care with a certified family; (b) To determine the level of care payment while in substitute care with a certified family; and (c) To determine if a child or young adult qualifies for a level of care payment for the purpose of negotiating or renegotiating an adoption assistance or guardianship assistance payment. (16) "Child" means a person under 18 years of age. (17) "Department" means the Oregon Department of Human Services, Child Welfare. (18) "Enhanced supervision" means the additional support, direction, observation and guidance necessary to promote and ensure the safety and well-being of a child or young adult when the child or young adult qualifies for a level of care payment. (19) "Fee" means the maximum fixed amount that the Department or Oregon licensed adoption agency may charge to register, for requests of non-identifying information, and to conduct an assisted search. (20) "Guardian" means an individual who has been granted guardianship of the child through a judgment of the court. (21) "Genetic and social history" means a comprehensive report, when obtainable, of the health status and medical history of the birth parents and other individuals related to the child. (a) The "genetic and social history" may contain as much of the following as is available: (A) Medical history. (B) Health status. (C) Cause of and age at death. (D) Height, weight, eye and hair color. (E) Ethnic origins. (F) Religion, if any. (b) The "genetic and social history" may include the health status and medical history of: (A) The birth parents. (B) An alleged genetic parent , if any. (C) Siblings to the birth parents, if any. (D) Siblings to an alleged genetic parent , if any. (E) Other children of either birth parent, if any. (F) Other children of an alleged genetic parent , if any. (G) Parents of the birth parents. (H) Parents of an alleged genetic parent, if any. (22) "Guardianship assistance agreement" means a written agreement, binding on the parties to the agreement, between the Department and the potential guardian or guardian setting forth the assistance the Department is to provide on behalf of the child or young adult, the responsibilities of the guardian and the Department and the manner in which the agreement and amount of assistance may be modified or terminated. (23) "Health history" means a comprehensive report, when obtainable, of the health status and medical history of the child at the time of placement for adoption, including neonatal, psychological, physiological, and medical care history. (24) "Identifying information" means names and addresses of birth parents, alleged genetic parent , adult adoptee, and adult adoptee genetic siblings. (25) "Independent adoption" means any adoption where the consent is given by other than the Department or a licensed adoption agency. (26) "Indian child" means any unmarried person who is under age 18 and either: (a) Is a member or citizen of an Indian Tribe; or (b) Is eligible for membership or citizenship in an Indian Tribe and is the biological child of a member or citizen of an Indian tribe. (27) "Legally free" means that, with respect to a child, the legal rights of all parents with legal standing have been judicially terminated, voluntarily relinquished, or otherwise terminated by operation of law, thus allowing for the child to be adopted. (28) "Level of care payment" means the payment provided to an approved or certified family, based on the need for enhanced supervision of a child or young adult determined by applying the CANS algorithm to the results of the CANS screening. (29) "Licensed adoption agency" means an: (a) Approved child-caring agency of this state acting by authority of ORS 418.270 and OAR 413-215-0401 to 413-215-0481; and (b) Agency or other organization that is licensed, or otherwise authorized, to provide adoption services pursuant to the laws of that state, country, or territory. (30) "Non-identifying information" means genetic and social history and health history which excludes information identifying any birth parent, birth family, alleged genetic parent, alleged genetic parent’s family, adoptee, or adoptive parent. (31) "Nonrecurring adoption assistance agreement" means a written agreement, binding on the parties to the agreement, between the Department and the pre-adoptive family of an eligible child for a one-time payment to reimburse the adoptive family for the reasonable and necessary expenses incurred in legally finalizing the adoption of a child who has been determined to have special needs. (32) "Nonrecurring expenses" mean a one-time payment up to $2,000 per child, which the Department will pay to an adoptive family to assist with the reasonable and necessary expenses incurred in legally finalizing the adoption of an eligible child. (33) "Parent” means the genetic or adoptive mother and the legal parent of the child. A legal parent is a person who has adopted the child or whose parentage has been established or declared under ORS 109.065. In cases involving an Indian child, "parent" means a biological parent of an Indian child, an Indian who has lawfully adopted an Indian child, including adoptions made under tribal law or custom, or a father whose parentage has been acknowledged or established under ORS 109.065(1) to (6) or (9) or 419B.609. Parent also includes an alleged genetic parent who has demonstrated a direct and significant commitment to the child by assuming or attempting to assume responsibilities normally associated with parenthood, unless a court finds that the alleged genetic parent is not the legal or genetic parent of the child. (34) "Participating Tribe" means a federally recognized Indian Tribe in Oregon with a Title IV-E agreement with the Department. (35) "Pre-adoptive family" means an individual or individuals who: (a) Has been selected to be the adoptive family of the child; and (b) Is in the process of legalizing the relationship to the child through the judgment of the court. (36) "Progeny" means the children or descendants of a person and the person's descendants in successive generations. (37) "Qualified non-citizen" has the same meaning as in OAR 413-100-0210(2) and 8 USC 1641(b). (38) "Qualified vendor attorney" means an attorney who has a price agreement with the Department to process the adoption of a child who is eligible for adoption assistance. (39) "Registry" means a voluntary adoption registry established under ORS 109.450 and maintained by: (a) An Oregon licensed adoption agency or successor agency; or (b) The Department for all adoptions not arranged through an Oregon licensed adoption agency. (40) "Requester" means an individual duly registered on a voluntary adoption registry who requests an assisted search, and who has filed an application and paid the applicable fee. (41) "Searcher" means one of the following qualified entities that may conduct an assisted search: (a) The Department; (b) An Oregon licensed adoption agency; or (c) A third party individual or entity who has been delegated to or contracted with by the Department or an Oregon licensed adoption agency. (42) "Sibling" means one of two or more children or young adults who are related, or would be related but for a termination or other disruption of parental rights, in one of the following ways: (a) Genetically or by adoption through a common parent; (b) Through the marriage of the legal or genetic parents of the children or young adults; or (c) Through a legal or genetic parent who is the registered domestic partner of the legal or genetic parent of the children or young adults. (43) "Special payment" means a payment for unanticipated short-term costs which are directly related to the special needs of the child or young adult or are essential to the welfare of the child or young adult, and are not covered by another resource available to the adoptive family. (44) "Substitute care" means the out-of-home placement of a child or young adult who is in the legal or physical custody and care of the Department. (45) "Successor agency" means an agency which has the adoption records of another agency because of the merger of the agencies or because an agency has ceased doing business and has given its adoptions records to the "successor agency" as provided an ORS 109.435(2). (46) "Voluntary adoption registry" means a voluntary registry operated by the Department or licensed adoption agency: (a) Where birth parents, alleged genetic parents, and adult adoptees may register their willingness to the release of identifying information to each other; (b) That provides for the disclosure of identifying information to birth parents and their genetic offspring; (c) That provides for the transmission of non-identifying health and social and genetic history of specified persons; and (d) That provides for the disclosure of specific identifying information under certain circumstances to Indian Tribes, governmental agencies, or to an individual settling an estate. (47) "Work Product" means any records, information, or other materials obtained or developed by the Department or licensed adoption agency during the course of the assisted search. (48) "Young adult" means a person aged 18 through 20 years.