ORS 418.335: Determination of eligibility for payments; review; hearing.

(1) Qualification for payments under ORS 418.330 must be determined by the Department of Human Services prior to the completion of the adoption or guardianship proceeding. (2) The department shall set the amount of payments under ORS 418.330 through negotiations with the prospective adoptive parents or guardians, taking into consideration the circumstances of the prospective adoptive parents or guardians and the needs of the child. (3) The department may change the amount of payments under ORS 418.330: (a) Through renegotiation with the adoptive parents or guardians, based upon a showing that there has been a change in the circumstances of the adoptive parents or guardians or the needs of the child; or (b) When the department has reduced or increased the amount of comparable assistance in foster care under ORS 418.647. (4) The department may suspend or terminate payments when one or more of the following conditions exist: (a) The child no longer meets the definition of “child” under ORS 418.330. (b) The adoptive parents or guardians are no longer legally responsible for the support of the child. (c) The child is no longer receiving any support from the adoptive parents or guardians. (5) If a payment under ORS 418.330 is suspended or terminated for a reason not related to the age of the child or because a guardianship has been vacated by the court, the adoptive parents or guardians of the child may petition the department for a review of the case. The department shall afford the petitioner an opportunity for a hearing, which must be held in the county the petitioner elects. [1971 c.129 §§3,4; 2011 c.141 §2; 2015 c.840 §17]