1. (1) Except as provided in sections (2) and (3) of this rule, when identifying potential adoptive resources for a child or sibling group, the caseworker must consider the needs and the best interest of each child, and assess the knowledge, skills, and abilities of each applicant or relative applicant for approval to be a potential adoptive resource in the following order of preference:

   1. (a) Except when (c) of this section applies, a relative as defined in OAR 413-120-0000(68)(a)-(c).
   2. (b) Except when (c) of this section applies, a relative as defined in OAR 413-120-0000(68)(d).
   3. (c) When a child or sibling group has a current caretaker as defined in OAR 413-120-0000(26), the current caretaker and a relative as defined in OAR 413-120-0000(68)(a)-(d).
   4. (d) A general applicant.
   5. (e) When an individual would otherwise meet the definition of current caretaker, except for being a relative as defined in OAR 413-120-0000(68)(d), the individual is considered a current caretaker for purposes of this section.
2. (2) For an Indian child, the caseworker must comply with the ICWA and OAR chapter 413, division 115.
3. (3) For a refugee child, the caseworker must comply with OAR 413-070-0300 to 413-070-0380.
4. (4) When an exception to the order of preference in section (1) of this rule is determined in the best interest of the child, the Child Welfare Program Manager must submit a written request to the Child Permanency Program Manager
5. (5) When a request for exception is received, the Child Permanency Program Manager must submit it to the Director of the Department or designee for review and consideration. Within 30 days of receipt of the written request, the Director of the Department or designee must determine whether to grant the exception.

Statutory/Other Authority

ORS 109.309 & ORS 418.005

Statutes/Other Implemented

ORS 418.005, ORS 109.309 & ORS 419B.192

History

CWP 6-2026, amend filed 01/28/2026, effective 01/28/2026
CWP 11-2024, minor correction filed 04/30/2024, effective 04/30/2024
CWP 123-2018, amend filed 12/12/2018, effective 12/12/2018
CWP 9-2017, f. 8-5-17, cert. ef. 8-6-17
CWP 2-2017(Temp), f. & cert. ef. 2-7-17 thru 8-5-17
CWP 8-2016, f. & cert. ef 6-1-16
CWP 3-2016(Temp), f. & cert. ef. 2-24-16 thru 8-21-16
CWP 21-2015, f. & cert. ef. 10-1-15
CWP 16-2015(Temp), f. & cert ef. 9-1-15 thru 2-27-16
CWP 20-2011, f. & cert. ef. 9-19-11
CWP 4-2011(Temp), f. & cert. ef. 3-22-11 thru 9-18-11
CWP 35-2010, f. & cert. ef. 12-29-10
CWP 16-2010(Temp), f. & cert. ef. 7-1-10 thru 12-28-10