Oregon Revised Statutes Chapter 109 § 109.276 — Petition for adoption; residency and jurisdictional requirements; venue; home

Petition for adoption; residency and jurisdictional requirements; venue; home study; placement report; fee; rules; filing requirements for entry of judgment. (1) Any person may petition the circuit court for leave to adopt another person and, if desired, for a change of the other person’s name. Except as provided in ORS 419B.529 or 419B.656, a separate petition must be filed for each person for whom leave to adopt is sought. (2) One petitioner, the child, one parent or the person, who is not an adoption agency, consenting to the adoption as required under ORS 109.301 (1) must be a resident of this state. As used in this subsection, “resident” means a person who has resided in this state continuously for a period of six months prior to the date of the petition. (3) Except as provided in subsection (4) of this section, when the petition is for the adoption of a minor child, the adoption is governed by the Uniform Child Custody Jurisdiction and Enforcement Act, ORS 109.701 to 109.834. (4)(a) Notwithstanding ORS 109.741 and 109.744 and except as provided in ORS 419B.627, a court of this state has jurisdiction over the adoption of a minor child if, immediately prior to the filing of a petition for adoption: (A) The minor child resided in this state for at least six consecutive months including periods of temporary absence; (B) One parent or another person, who is not an adoption agency, consenting to the adoption as required under ORS 109.301 (1) or 109.302 resided in this state for at least six consecutive months including periods of temporary absence; (C) The prospective adoptive parent resided in this state for at least six consecutive months including periods of temporary absence and substantial evidence is available in this state concerning the present or future care of the minor child; (D) It appears that no court of another state would have jurisdiction under circumstances substantially in accordance with subparagraphs (A) to (C) of this paragraph; or (E) A court of another state has declined to exercise jurisdiction on the grounds that this state is a more appropriate forum to hear a petition for adoption of the minor child and it is in the best interests of the minor child that a court of this state assume jurisdiction. (b) As used in paragraph (a) of this subsection, “periods of temporary absence” means periods of absence of not more than a total of 30 days in the prior six consecutive months. (5) In a petition to adopt a minor child, venue lies in the Oregon county with which the child has the most significant connection or in the Oregon county in which the licensed adoption agency is located. (6) A petition for adoption of a minor child must comply with the requirements, and be served in the manner, described in ORS 109.285. (7)(a) In a proceeding for the adoption of a minor child, a current home study must be approved by either the Department of Human Services or an Oregon licensed adoption agency for the purpose of demonstrating that the petitioner meets the minimum standards for adoptive homes as set forth in the department’s administrative rules. (b) Except when the court finds that there is reason to know that the child is an Indian child, the department, upon request by the petitioner, may waive the home study requirement in an adoption proceeding in which one of the child’s genetic parents or adoptive parents retains parental rights, or when a relative who qualifies under the department’s administrative rules for a waiver of the home study requirement is the prospective adoptive parent. (c) The department shall, subject to ORS 109.270, adopt rules to implement the provisions of this subsection. (8)(a)(A) Within 90 days after service upon the Director of Human Services as required under ORS 109.285, the Department of Human Services shall investigate and file for the consideration of the judge before whom the petition for adoption is pending a placement report containing information regarding the status of the child and evidence concerning the suitability of the proposed adoption. The department may designate an Oregon licensed adoption agency to investigate and report to the court. If the department designates an Oregon licensed adoption agency to investigate and report to the court, the department shall make the designation and provide all necessary information and materials to the Oregon licensed adoption agency no later than 30 days after the service on the director and upon receipt of all required documentation and fees. (B) Except when the court finds that there is reason to know that the child is an Indian child, the department: (i) May waive the placement report requirement under this subsection; and (ii) Shall waive the placement report requirement in an adoption proceeding in which one of the child’s genetic parents or adoptive parents retains parental rights. (b) Upon receipt of a written request by the petitioner or