The Department must initiate a termination of parental rights proceeding to legally free a child for the purpose of adoption only when:
- (1) The Department has determined that adoption is the most appropriate permanency plan for the child pursuant to OAR 413-070-0500 through 413-070-0519;
- (2) The Department has determined that there is not another permanency plan that would better meet the child’s needs for safety, attachment, permanency, and well-being;
- (3) If the child is an Indian child, the Department has determined, in consultation with the child's Tribe(s), that tribal customary adoption is not an appropriate permanency plan for the child.
- (4) The Assistant Attorney General and Legal Assistance Specialist, in consultation with the caseworker and supervisor, have determined that it is appropriate to file petitions to terminate parental rights; and
- (5) The court has changed the child’s permanency plan to adoption after a permanency hearing pursuant to ORS 419B.476.
Statutory/Other Authority
ORS 418.005 & ORS 409.050
Statutes/Other Implemented
ORS 418.005 & ORS 419B.498-419B.530
History
CWP 93-2023, amend filed 12/22/2023, effective 01/01/2024
SOSCF 46-2001, f. 12-31-01 cert. ef. 1-1-02
SOSCF 15-1999, f. & cert. ef. 8-12-99