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FIGHT ABUSES OF FAMILY RIGHTS IN OREGON!!

ORS 109.316 Adoption
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EXCERPT FROM ORS CHAPTER 109- REGARDING ADOPTION LAWS AND CPS

109.316 Consent by Department of Human Services or approved child-caring agency of this state. (1) The Department of Human Services or an approved child-caring agency of this state, acting in loco parentis, may consent to the adoption of a child who has been:



(a) Surrendered to it for the purpose of adoption under ORS 418.270 if compliance is had with the provisions of that section;



(b) Permanently committed to it by order of a court of competent jurisdiction; or



(c) Surrendered to it for the purpose of adoption under ORS 418.270 by one parent if compliance is had with the provisions of that section and permanently committed to it by a court of competent jurisdiction having jurisdiction of the other parent.



(2) The department may consent to the adoption of a child over whom the department has been made guardian under ORS chapter 125.



(3) When consent is given under this section, no other consent is required.



(4) When consent is given under this section, there shall be filed in the adoption proceeding:



(a) A certified copy of an order of a court of competent jurisdiction formally and permanently assigning the guardianship of the child to the department or the child-caring agency, or a copy of the surrender of the child from its parent or parents or guardian, or both, as the case may be; and



(b) Written formal consent by the department or the child-caring agency, as the case may be, to the proposed adoption, showing that sufficient and satisfactory investigation of the adopting parties has been made and recommending that the adoption be granted. The consent of the department or the child-caring agency to the proposed adoption may be given by one of its officers, executives or employees who has been authorized or designated by it for that purpose. [1957 c.710 4 (109.312 to 109.329 enacted in lieu of 109.320); 1971 c.401 5; 1987 c.466 3; 1995 c.664 82; 2005 c.22 86]







109.318 Consent by organization located outside Oregon. (1) An agency or other organization, public or private, located entirely outside of this state, or an authorized officer or executive thereof, acting in loco parentis, may consent to the adoption of a child under the custody, control or guardianship of such agency or organization or officer or executive thereof, if such agency or organization or officer or executive thereof is licensed or otherwise has authority in the jurisdiction in which such agency or other organization is located to consent to adoptions in loco parentis. When consent is given under this section, no other consent is required. The license or other authority to consent to adoption in loco parentis shall be conclusively presumed upon the filing with the court of a duly certified statement from an appropriate governmental agency of such other state that such agency or organization or officer or executive is licensed or otherwise has authority in such state to consent to adoptions in loco parentis.



(2) When consent is given under this section, there shall be filed in the adoption proceeding:



(a) A certified copy of the court order, or the written authorization from the parent, parents or other person, or both a court order and such written authorization, as the case may be, that enables consent to be given in loco parentis under the law of such other jurisdiction; and



(b) Written formal consent by the agency or other organization, or the officer or executive thereof, to the proposed adoption, showing that sufficient and satisfactory investigation of the adopting parties has been made and recommending that the adoption be granted. [1957 c.710 5 (109.312 to 109.329 enacted in lieu of 109.320); 1973 c.823 107; 2005 c.22 87]







109.320 [Repealed by 1957 c.710 1 (109.312 to 109.329 enacted in lieu of 109.320)]







109.322 Consent when parent mentally ill, mentally deficient or imprisoned. (1) If a parent has been adjudged mentally ill or mentally deficient and remains so at the time of the adoption proceedings, or if a parent is imprisoned in a state or federal prison under a sentence for a term of not less than three years and has actually served three years, the petitioner, in accordance with ORS 109.330, shall serve on the parent, if the parent has not consented in writing to the adoption, a summons and a motion and order to show cause why the adoption of the child should not be ordered without the parent’s consent.



(2) In the case of a parent adjudged mentally ill or mentally deficient, the petitioner shall also serve the summons and the motion and order to show cause upon the guardian of the parent. If the parent has no guardian, the court shall appoint a guardian ad litem to appear for the parent in the adoption proceedings.



(3) Upon hearing, if the court finds that the adoption is in the best interests of the child, the consent of the mentally ill, mentally deficient or imprisoned parent is not required, and the court may proceed regardless of the objection of the parent.



(4) This section does not apply when consent is given in loco parentis under ORS 109.316 or 109.318. [1957 c.710 6 (109.312 to 109.329 enacted in lieu of 109.320); 1975 c.711 1; 2003 c.576 146; 2005 c.369 5]







109.324 Consent when parent has deserted or neglected child. (1) If a parent is believed to have willfully deserted the child or neglected without just and sufficient cause to provide proper care and maintenance for the child for one year next preceding the filing of the petition for adoption, and if the parent does not consent in writing to the adoption, the petitioner, in accordance with ORS 109.330, shall serve on the parent a summons and a motion and order to show cause why the adoption of the child should not be ordered without the parent’s consent.



(2) Upon hearing or when the parent has failed to file a written answer as required in ORS 109.330 (3), if the court finds that the parent has willfully deserted the child or neglected without just and sufficient cause to provide proper care and maintenance for the child for one year next preceding the filing of the petition for adoption, the consent of the parent at the discretion of the court is not required and, if the court determines that the parent’s consent is not required, the court may proceed regardless of the objection of the parent.



(3) In determining whether the parent has willfully deserted the child or neglected without just and sufficient cause to provide proper care and maintenance for the child, the court may:



(a) Disregard incidental visitations, communications and contributions; and



(b) Consider, among other factors the court finds relevant, whether the custodial parent has attempted, without good cause shown, to prevent or to impede contact between the child and the parent whose parental rights would be terminated in an action under this section.



(4) This section does not apply when consent is given in loco parentis under ORS 109.316 or 109.318. [1957 c.710 7 (109.312 to 109.329 enacted in lieu of 109.320); 2003 c.576 147; 2003 c.579 1; 2005 c.369 6]



109.390 Authority of Department of Human Services or child-caring agency in adoption proceedings. When the Department of Human Services or an approved child-caring agency has the right to consent to the adoption of a child, the department or agency may:



(1) If it deems the action necessary or proper, become a party to any proceeding for the adoption of the child.



(2) Appear in court where a proceeding for the adoption of the child is pending.



(3) Give or withhold consent in loco parentis to the adoption of the child only in accordance with ORS 109.316. [1957 c.710 14; 1971 c.401 6; 2005 c.22 90]

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