OAR 413-140-0031: Actions Performed by the Department upon Receipt of an Adoption Petition

Following receipt of an adoption petition: (1) The Department will review the adoption petition, along with accompanying documentation to determine whether a placement report is required under ORS 109.276(8)(a)(A) and OAR 413-140-0032(3) and, when applicable, will assign the placement report as outlined in 413-140-0040. (2) Within 90 days of the Department’s receipt of the filed petition or amended petition, the Department must file an ICWA Compliance Report to document the Department’s determination of whether information submitted by the petitioner is sufficient and complete for the court to make the ORICWA findings required per ORS 109.278(2). (3) After receipt of the court’s determination regarding the applicability of ORICWA , the Department will provide written notification to the court and the petitioner indicating: (a) The Department's determination regarding any waivers that have been requested in accordance with OAR 413-140-0032; (b) When applicable, information regarding the assignment of a placement report; and (c) Other considerations regarding documentation required to be served upon the Department pursuant to ORS 109.285(5)(a). (4) The Department must notify the court, in writing, when the Department reasonably suspects that the conduct of a person involved in an adoption or the conduct of an adoption agency violates Oregon law. Examples of such violations include but are not limited to: (a) Any actions that constitute a violation or possible violation of ORS 109.281. (b) Prohibitions regarding placement of a child for adoption pursuant to ORS 418.300. (c) Prohibitions regarding buying and selling a person under 18 years of age pursuant to ORS 163.537. (d) Fees charged by an Oregon licensed adoption agency that are not in accordance with ORS 109.281(3) and OAR 413-140-0035(3). (5) The Department must provide a copy of the notification described in section (3) of this rule to the petitioner and when applicable, to the licensed adoption agency.