1. (1) The home in which the legal risk placement will be made must be studied and approved as an adoptive home in accordance with OAR 413-120-0190 to 413-120-0246 or, in the case of an out-of-state placement, with OAR 413-040-0200 to 413-040-0330. The home must also meet the requirements of OAR 413-200-0301 to 413-200-0396.

2. (2) Each adoptive parent considered for a legal risk placement is informed by the Department of the risk of having the child removed and must sign an agreement that provides that:

   1. (a) The adoptive parent understands that the child is not legally free for adoption;
   2. (b) The adoptive parent understands that the Department cannot guarantee that the child will be legally free for adoption in the future;
   3. (c) The adoptive parent wants to adopt the child; and
   4. (d) The adoptive parent understands that the adoptive family will continue to provide temporary care for the child if adoption is not possible.
3. (3) The potential adoptive parents must complete the Adoption Recruitment Management System (ARMS) form 3010, "Legal Risk Placement Agreement," acknowledging that they understand the uncertainty of the legal risk placement.

Statutory/Other Authority

ORS 418.005

Statutes/Other Implemented

ORS 418.005

History

CWP 24-2015, f. & cert. ef. 10-26-15
CWP 44-2003, f. 12-31-03, cert. ef. 1-1-04
SOSCF 18-2001, f. 6-29-01, cert. ef. 7-1-01
SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95