Living My Life
19 Apr 2012 2 Comments
I’m very excited about all the media being promoted about the truth of adoption / abduction stories. Between the Catholic Church abuses, the industry lies, the Dan Rather reports, and so many others. I even love the new show, Once Upon A Time. If you haven’t seen it yet, WATCH THE PILOT show, it will blow your mind. Prepare to be validated.
My own life is so so. Me and my partner moved into our new house. It’s pretty much a fixer upper. We are starting a farm with a group of our friends. He is spear heading the vegetable farm, and I’m growing some medicinal and culinary herbs.
Work life is good. I’m working in the field of family support and reunification, which is awesome. I love it.
My story with my daughter is that I am still being outcast. After attempting, for years, to extend a voice to her adopters, and being ignored, their attempts to contact me with vehemence and negativity, I refuse to go through them again. They were extremely abusive towards me, and I simply will not allow myself to be in that position. In terms of my daughter, if she wishes to know me, and communicate, I will be here. Unfortunately, I hate to think of what kind of lies they are telling her about me, so I’m not all that hopefull.
I’m getting back into painting. It’s a very healing art for me at the moment. My family life is difficult. My mom has lung cancer, although she is in remission now. I still worry.
The state of the world is confusing at best. I struggle with what it is I should be doing. If there is more I can do, if I could be doing things better, and so on. I just feel that the issues of classism, racism, sexism, are so incidious in our culture (in the U.S.) that we just really need a new foundation. Just tear it all down and start over again, knowing our history. And, the climate… and the earth…
One day at a time. Hopefully it won’t be so long since I write again. I’m also going to the conference in Toronto, hope to see some of you there!
Questions that Got Here
31 Mar 2011 Leave a Comment
If you have questions about adoptions, leave them as a comment and I will do my best to answer them.
Q: can u sue a person for misleading you to sign document
A: Adoption typically happens at a time that is most vulnerable for a woman, usually immediately after the birth of a child. There are times when lawyers and agencies repeatedly target women while they are pregnant so that they don’t have time to plan for the birth.
Here are a couple of cases of adoption fraud:
Class Action Lawsuit against Shorstein in Florida: StopShorstein. These are about adoptions that were promised to be open that closed.
Here is a mother who immediately revoked her consent in TX, and got her child back.
Supreme Court
Findlaw Caselaw
Oregon House Bill 2904
17 Feb 2011 Leave a Comment
Oregon House Bill 2904 in its entirety
There seems to be a lot of confusion and misinformation about Oregon House Bill 2904. So, let’s spell it out and you can read for yourself (above) what it is saying rather than inferring, reading articles of other people’s interpretations and so on.
76th OREGON LEGISLATIVE ASSEMBLY–2011 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { – braces and minus
signs – } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .LC 1835
House Bill 2904
Sponsored by Representative DOHERTY; Representative DEMBROW (at
the request of Janette Barcenas, Ashley Peterson-Munoz, Leticia
Munoz, Kiley Steward, Tamara Slack, Oregon Birth Mothers)
(Presession filed.)
Self explanatory. Moving on.
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor’s
brief statement of the essential features of the measure as
introduced.Establishes Adoption Legal Services Fund. Continuously
appropriates moneys in fund to Judicial Department to pay costs
of legal consultation for birth parents in adoption proceedings.
Requires additional fee to be collected from party filing
petition for adoption and to be credited to fund.
Prohibits consent to adoption, or surrender and release of
child for adoption, until child is eight days old. Prohibits
waiver. Permits certificate of irrevocability to be revoked for
any reason within 30 days. Provides that certificate of
irrevocability is not effective until birth parent participates
in mandatory adoption-related counseling and legal consultation.
Failure of birth parent to participate in mandatory counseling
and legal consultation and nonpayment of expenses of counseling
and consultation are grounds for setting aside adoption judgment
or for revocation of consent to adoption.
Provides that validity of adoption judgment may be challenged
on specified grounds within one year after entry.
A BILL FOR AN ACT
Relating to adoptions; creating new provisions; amending ORS
21.114, 109.309, 109.312, 109.346, 109.381, 418.270 and
419B.529; and appropriating money.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 21.114 is amended to read:
21.114. (1) In a court having jurisdiction, the clerk of the
court shall charge and collect:
(a) In an adoption proceeding { – , – } { + :
(A) + } A first appearance fee of $39 from the party filing the
petition for adoption { – , and – } { + ;
(B) + } A first appearance fee of $39 from an objecting party
appearing separately or objecting parties appearing jointly { + ;
and
(C) A fee of $___ from the party filing the petition for
adoption. The sum collected under this subparagraph shall be paid
over to the State Treasurer and credited to the Adoption Legal
Services Fund created under section 3 of this 2011 Act + }.
(b) In a change of name proceeding, a first appearance fee of
$39 from the party filing the application for change of name, and
a first appearance fee of $39 from an objecting party appearing
separately or objecting parties appearing jointly.
(2) A pleading or other document shall be filed by the clerk
only if the fee required under this section is paid or if a
request for a fee waiver or deferral is granted by the court.
(3) In any adoption or change of name proceeding in a court
having jurisdiction, the clerk of the court shall charge and
collect in advance from the party having the affirmative of the
issue, at the time the proceeding comes on for trial or hearing
upon the issues of fact or law involved therein, a trial or
hearing fee of $39.
SECTION 2. { + Sections 3 and 6 of this 2011 Act are added to
and made a part of ORS + } { + 109.305 to 109.410. + }
SECTION 3. { + The Adoption Legal Services Fund is established
in the State Treasury, separate and distinct from the General
Fund. Moneys in the Adoption Legal Services Fund are
continuously appropriated to the Judicial Department for the
purpose of paying the cost of legal consultation for birth
parents in adoption proceedings as described in section 6 of this
2011 Act. Interest earned by the Adoption Legal Services Fund
shall be credited to the fund. + }
SECTION 4. ORS 109.312 is amended to read:
109.312. (1) Except as provided in ORS 109.314 to 109.329,
consent in writing to the adoption under ORS 109.309 of a child
shall be given by:
(a) The parents of the child, or the survivor of them.
(b) The guardian of the child, if the child has no living
parent.
(c) The next of kin in this state, if the child has no living
parent and no guardian.
(d) Some suitable person appointed by the court to act in the
proceeding as next friend of the child to give or withhold
consent, if the child has no living parent and no guardian or
next of kin qualified to consent. { +
(2) Consent to adoption under subsection (1) of this section
may not be given until the child is at least eight days old. The
requirement of this subsection may not be waived for any reason
by any person. + }
{ – (2)(a) – } { + (3)(a) + } A person who gives consent to
adoption under subsection (1) of this section may agree
concurrently or subsequently to the giving of such consent that
the consent shall be or become irrevocable, and may waive such
person’s right to a personal appearance in court, by a duly
signed and attested certificate. { + The certificate of
irrevocability and the waiver may be revoked for any reason
within 30 days after signing and attesting to the certificate.
+ }The certificate of irrevocability and waiver shall be in
effect { + on the 31st day after the certificate of
irrevocability has been signed and attested to without being
revoked and + } when the following are completed:
(A) The child is placed for the purpose of adoption in the
physical custody of the person or persons to whom the consent is
given;
(B) The person or persons to whom consent for adoption is given
have filed a petition to adopt the child in a court of competent
jurisdiction;
(C) The court has entered an order appointing the petitioner or
some other suitable person as guardian of the child pursuant to
ORS 109.335;
(D) The Department of Human Services, an Oregon licensed
adoption agency or an attorney who is representing the adoptive
parents has filed either a department or an Oregon licensed
adoption agency home study with the court approving the
petitioner or petitioners as potential adoptive parents or the
department has notified the court that the filing of such study
has been waived;
(E) Information about the child’s social, medical and genetic
history required in ORS 109.342 has been provided to an attorney
or the department or an Oregon licensed adoption agency by the
person giving consent to the adoption; { – and – }
{ – (F) The person signing the certificate of irrevocability
and waiver has been given an explanation by an attorney who
represents the person and who does not also represent the
adoptive family, by the department or by an Oregon licensed
adoption agency of the consequences of signing the
certificate. – }
{ + (F) When a birth parent gives consent to adoption, the
birth parent has participated in the adoption-related counseling
required by ORS 109.346, all uninsured costs of the counseling
have been paid and the verification and notice required by ORS
109.346 have been filed with the court; and
(G) When a birth parent gives consent to adoption, the birth
parent has consulted with an attorney as required by section 6 of
this 2011 Act, all costs of the legal consultation have been paid
and the verification and notice required by section 6 of this
2011 Act have been filed with the court. + }
(b) Upon the fulfillment of the conditions in paragraph (a) of
this subsection, the consent for adoption may not be revoked
unless fraud or duress is proved with respect to any material
fact.
{ – (3) – } { + (4) + } Consent to the adoption of a child
subject to the Indian Child Welfare Act shall not be valid unless
the requirements of the Indian Child Welfare Act (25 U.S.C. 1901
et seq.) are met. In accordance with the Indian Child Welfare Act
a certificate of irrevocability is not valid for a child who is
subject to the Indian Child Welfare Act.
SECTION 5. ORS 109.346 is amended to read:
109.346. (1) Except as provided in subsection { – (5) – }
{ + (6) + } of this section, a birth parent { + who is
contemplating giving + } { + consent to an adoption or who has
given consent + } { – consenting – } to an adoption shall
{ + participate in + } { – receive notice of the birth
parent’s right to payment for – } three adoption-related
counseling sessions prior to surrender or relinquishment of the
child for adoption and three sessions of adoption-related
counseling after surrender or relinquishment of the child for
adoption.
(2) Notice of the { – right to – } { + requirement that a
birth parent + } { + participate in + } adoption-related
counseling { – shall – } { + must + } be in writing and
{ – shall – } { + must + } be provided to the
{ – consenting – } birth parent by either the attorney for the
birth parent, the agency representative taking the birth parent’s
consent or the attorney for the prospective adoptive parent.
Before entry of a judgment of adoption, the agency or attorney
providing the written notice shall submit verification to the
court that the notice was given to the { – consenting – }
birth parent. { +
(3) A person who has provided adoption-related counseling to a
birth parent under this section shall file a written verification
with the court that the birth parent participated in the
counseling required by this section and that the counseling
included, at a minimum, information about:
(a) The grief and loss that may be experienced by the birth
parent and the child as a result of the adoption;
(b) The desirability of keeping the child with the birth
parent, or with members of the birth parent’s family if the birth
parent is unable to care for the child;
(c) The availability of public and private resources that would
enable the birth parent to keep and nurture the child; and
(d) The benefits of continuing contact between the birth parent
and the child. + }
{ – (3) – } { + (4) + } The prospective adoptive parent
shall pay all uninsured costs of the adoption-related counseling
required by this section { – , provided the counseling is
received within one year of the date of surrender or
relinquishment of the child for adoption – } .
{ – (4) – } { + (5) + } Adoption-related counseling under
this section { – , unless otherwise agreed to by the prospective
adoptive parent and the consenting birth parent, – } shall be
provided by:
(a) A regulated social worker as defined in ORS 675.510 who is
employed by an Oregon licensed adoption agency other than the
regulated social worker assigned to the prospective adoptive
parent;
(b) A regulated social worker, counselor or therapist who is
working under the supervision of a clinical social worker
licensed under ORS 675.530 or a licensed professional counselor
and who is knowledgeable about birth parent, adoption and grief
and loss issues; or
(c) A clinical social worker licensed under ORS 675.530,
counselor or therapist who:
(A) Has a graduate degree in social work, counseling or
psychology; and
(B) Is knowledgeable about birth parent, adoption and grief and
loss issues.
{ – (5) – } { + (6) + } The requirements of this section do
not apply to:
{ – (a) An adoption in which a birth parent relinquishes
parental rights to the Department of Human Services; – }
{ – (b) – } { + (a) + } An adoption in which one parent
retains parental rights;
{ – (c) – } { + (b) + } An adoption in which the child is
born in a foreign country and adopted under the laws of that
country or readopted in Oregon;
{ – (d) – } { + (c) + } An adoption in which the child is
born in a foreign country and subsequently adopted in Oregon and
in which the identity or whereabouts of the child’s birth parents
are unknown; or
{ – (e) – } { + (d) + } An adoption of an adult.
{ – (6) – } { + (7) + } Failure { – to provide the
notice – } { + of the birth parent to participate in the
counseling + }required by this section { + , failure of the
person providing the counseling to file the verification required
by this section + } or failure to pay the uninsured costs of
adoption-related counseling required by this section is
{ – not – } grounds for setting aside an adoption judgment or
for revocation of a written consent to an adoption { – or a
certificate of irrevocability – } .
SECTION 6. { + (1) Except as provided in subsection (7) of
this section, a birth parent who is contemplating giving consent
to an adoption or who has given consent to an adoption shall meet
with an attorney for legal consultation prior to surrender or
relinquishment of the child for adoption.
(2) The attorney shall advise the birth parent, at a minimum,
of the following:
(a) The birth parent’s right to keep and nurture the child;
(b) The birth parent’s right to consider or reconsider the
surrender or relinquishment of the child for adoption, regardless
of any services the birth parent may have received from any
source and regardless of any payments a prospective adoptive
parent may have made for the services or to the birth parent;
(c) The time the birth parent has to consent to adoption or to
surrender or relinquish the child after the birth of the child;
(d) The time the birth parent has to revoke a consent to
adoption or a certificate of irrevocability and waiver under ORS
109.312;(e) Agreements for continuing contact with the child under ORS
109.305 that may be entered into between the birth parent and a
prospective adoptive parent;
(f) Circumstances under which a judgment of adoption may be
appealed or the validity of a judgment of adoption may be
challenged in court;
(g) The procedure for obtaining a copy of the child’s birth
certificate;
(h) The birth parent’s obligation, if any, to pay expenses
related to the child’s birth, medical care or adoption; and
(i) The birth parent’s right to obtain copies of documents
filed or signed by the birth parent in connection with the
adoption proceeding.
(3) Notice of the requirement that a birth parent meet with an
attorney for legal consultation must be in writing and must be
provided to the birth parent by either the attorney for the birth
parent, the agency representative taking the birth parent’s
consent or the attorney for the prospective adoptive parent.
Before entry of a judgment of adoption, the agency or attorney
providing the written notice shall submit verification to the
court that the notice was given to the birth parent.
(4) The attorney who has met with a birth parent under this
section shall file a written verification with the court that the
attorney provided the birth parent with legal consultation that
included, at a minimum, the information required by subsection
(2) of this section.
(5) The prospective adoptive parent shall pay all costs of the
legal consultation required by this section, except that the
court may order all or part of the costs to be paid from moneys
in the Adoption Legal Services Fund established under section 3
of this 2011 Act.
(6) An attorney meeting with a birth parent as required by this
section must be licensed to practice in Oregon and have expertise
in the practice of adoption law in this state.
(7) The requirements of this section do not apply to:
(a) An adoption in which one parent retains parental rights;
(b) An adoption in which the child is born in a foreign country
and adopted under the laws of that country or readopted in
Oregon;
(c) An adoption in which the child is born in a foreign country
and subsequently adopted in Oregon and in which the identity or
whereabouts of the child’s birth parents are unknown; or
(d) An adoption of an adult.
(8) Failure of the birth parent to participate in the legal
consultation required by this section, failure of the attorney
meeting with a birth parent to file the verification required by
this section or failure to pay the costs of the legal
consultation required by this section is grounds for setting
aside an adoption judgment or for revocation of a written consent
to an adoption. + }
SECTION 7. ORS 109.381 is amended to read:
109.381. (1) A judgment of a court of this state granting an
adoption, and the proceedings in such adoption matter, shall in
all respects be entitled to the same presumptions and be as
conclusive as if rendered by a court of record acting in all
respects as a court of general jurisdiction and not by a court of
special or inferior jurisdiction, and jurisdiction over the
persons and the cause shall be presumed to exist.
{ – (2) Except for such right of appeal as may be provided by
law, judgments of adoption shall be binding and conclusive upon
all parties to the proceeding. No party nor anyone claiming by,
through or under a party to an adoption proceeding, may for any
reason, either by collateral or direct proceedings, question the
validity of a judgment of adoption entered by a court of
competent jurisdiction of this or any other state. – }{ – (3) After the expiration of one year from the entry of a
judgment of adoption in this state the validity of the adoption
shall be binding on all persons, and it shall be conclusively
presumed that the child’s natural parents and all other persons
who might claim to have any right to, or over the child, have
abandoned the child and consented to the entry of such judgment
of adoption, and that the child became the lawful child of the
adoptive parents or parent at the time when the judgment of
adoption was rendered, all irrespective of jurisdictional or
other defects in the adoption proceeding. After the expiration of
the one-year period no one may question the validity of the
adoption for any reason, either through collateral or direct
proceedings, and all persons shall be bound thereby. However, the
provisions of this subsection shall not affect the right of
appeal from a judgment of adoption as may be provided by law. – }{ + (2) Any party to an adoption, including but not limited
to a person whose consent in writing to an adoption is required
under ORS 109.312 or who has signed a release or surrender for
the purpose of adoption under ORS 418.270, may file an action up
to one year after the entry of a judgment of adoption in this
state contesting the validity of the judgment or the validity of
the consent to the adoption. A court shall set aside an adoption
judgment under this section if the court finds that:
(a) The consent to adoption was obtained by fraud or duress;
(b) The requirements of ORS 109.346 were not met; or
(c) The requirements of section 6 of this 2011 Act were not
met. + }
SECTION 8. ORS 418.270 is amended to read:
418.270. (1) If licensed for such purposes by the Department of
Human Services, a private child-caring agency may receive
children from their parents or legal guardians for special,
temporary or continued care. The parents or guardians may sign
releases or surrenders giving to such agencies guardianship and
control of the persons of such children during the period of such
care, which may be extended until the children arrive at legal
age. Such releases do not surrender the rights of such parents or
guardians in respect to the adoption of such children and do not
entitle such organization to give consent to the adoption of the
children unless the release or surrender expressly recites that
it is given for the purpose of adoption. Private child-caring
agencies are authorized to place children for adoption or foster
care only if authorized by the department in the license issued
by the department.
(2) Any entire severance of family ties of such children by
adoption or otherwise shall be accomplished only by the order of
a court of competent jurisdiction.
{ – (3) In the absence of the certificate provided for in
subsection (4) of this section, it is unlawful to present a child
surrendered to an agency by a parent, parents or guardian for a
court to pass upon the adoption of the child until at least six
months have elapsed after signing the surrender. – }
{ – (4) Parents or legal guardians of children whom they have
by release or surrender agreement given into the guardianship of
incorporated child-caring agencies for the purpose of adoption
may, concurrently or subsequently and without any adoption
proceeding having been initiated, agree that the release or
surrender shall become irrevocable as soon as the child is placed
by the agency in the physical custody of a person or persons for
the purpose of adoption by them, and waive their right to
personal appearance in court in matters of adoption of such
children, by a duly signed and attested certificate. From and
after such physical placement for adoption such certificate of
irrevocability and waiver and the release or surrender may not be
revoked by the parent or guardian unless fraud or duress is
affirmatively proved. – } { +
(3) A parent or guardian may not sign a release or surrender
under subsection (1) of this section until the child is at least
eight days old. The requirement of this subsection may not be
waived for any reason by any person.
(4) A parent or guardian may revoke a release or surrender
given under subsection (1) of this section for any reason within
30 days after signing the release or surrender. + }
{ – (5) No agreement to release or surrender a child for
adoption, or other agreement or waiver of rights having the same
effect, executed before March 24, 1971, in connection with the
surrender of a child into the guardianship of a child-caring
agency for purposes of adoption, may be revoked or held invalid
for any reason except upon affirmative proof of fraud or
duress. – }
SECTION 9. ORS 109.309 is amended to read:
109.309. (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. One petitioner, the child, one parent or
the person, who is not an adoption agency, consenting to the
adoption as required under ORS 109.312 (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.
(2) Except as provided in subsection (3) 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.
(3)(a) Notwithstanding ORS 109.741 and 109.744, 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 109.312
(1) 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.
(4) The petition to adopt a person 18 years of age or older may
be filed in the county where the petitioner, the person to be
adopted or the person who consents to the adoption resides.
(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) When the petition is for the adoption of a minor child,
the petitioner shall also file at the time of filing the
petition:
(A) A written statement containing the full names and permanent
addresses of:
(i) The child;
(ii) The petitioner;(iii) All persons whose consent to the adoption is required
under ORS 109.312 when such names are either known or may be
readily ascertained by the petitioner;
(iv) The persons with whom the child has lived during the last
five years and the places where the child has lived during that
period, if the names and addresses may be readily ascertained by
the petitioner;
(v) If known to the petitioner, any person not a party to the
proceeding who has physical custody of the child or claims rights
of legal custody or physical custody of, or parenting time or
visitation with, the child; and
(vi) The Oregon licensed adoption agency, if any, or the
relative or person that privately placed the child for adoption.
(B) The documents demonstrating consent under ORS 109.312 to
the adoption of the minor child.
(C) Written evidence documenting a current home study that has
been approved by either the Department of Human Services or an
Oregon licensed adoption agency submitted 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) A relative who qualifies under the department
administrative rules for a waiver of the department’s home study
requirements described in paragraph (a)(C) of this subsection may
file the request for waiver along with the petition for adoption.
(c) The department, upon request by the petitioner, may waive
the home study requirements described in paragraph (a)(C) of this
subsection in an adoption in which one of the child’s biological
or adoptive parents retains parental rights. The department shall
waive post-placement reports in an adoption in which one of the
child’s biological or adoptive parents retains parental rights.
(7)(a) The petitioner shall cause copies of the documents
required to be filed with the court under subsection (6) of this
section to be served upon the Director of Human Services { + and
any person whose consent is required under ORS 109.312 + }, by
either registered or certified mail with return receipt or
personal service, within 30 days after the documents have been
filed with the court.
(b) In the case of an adoption described in subsection (6)(c)
of this section, the petitioner shall also serve the petition, by
either registered or certified mail with return receipt or
personal service:
(A) On all persons whose consent to the adoption is required
under ORS 109.312 unless the person’s written consent is filed
with the court; and
(B) On the parents of the party whose parental rights would be
terminated, if the names and addresses are known or may be
readily ascertained by the petitioner. Service required by this
subparagraph may be waived by the court for good cause.
(c) When a parent of the child is deceased or incapacitated,
the petitioner shall also serve the petition on the parents of
the deceased or incapacitated parent, if the names and addresses
are known or may be readily ascertained by the petitioner.
Service required by this paragraph may be waived by the court for
good cause. As used in this paragraph:
(A) ‘Incapacitated’ means a condition in which a person’s
ability to receive and evaluate information effectively or to
communicate decisions is impaired to such an extent that the
person lacks the capacity to meet the essential requirements for
the person’s physical health or safety.
(B) ‘Meet the essential requirements for the person’s physical
health or safety’ means those actions necessary to provide the
health care, food, shelter, clothing, personal hygiene and other
care without which serious physical injury or illness is likely
to occur.(d) The court may not rule upon the petition until at least 90
days after the date that the documents were served upon the
director. However, the department may waive the 90-day period.
(8)(a) Within 90 days after the service on the director, the
department 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. However, the department
may waive the placement report requirement.
(b) Upon receipt of a written request by the petitioner’s
attorney, the department shall furnish to that attorney copies of
any information that the department has filed with the court.
(c) The department may charge the petitioner a fee for
investigating a proposed nonagency adoption and preparing the
home study report described in subsection (6)(a)(C) of this
section and the placement report described in paragraph (a) of
this subsection. The petitioner shall report the fee amount to
the court. The court granting the adoption shall make a finding
as to whether the fee is necessary and reasonable. Any fee
charged may not exceed reasonable costs for investigation, home
study and placement report preparation. The department shall
prescribe by rule the procedure for computing the investigation,
home study and placement report preparation fee. The rules shall
provide a waiver of either part or all of the fee based upon the
petitioner’s ability to pay.
(9) The amounts of any fees collected under subsection (8) of
this section are continuously appropriated to the department for
use in preparing the home study and placement reports required
under subsections (6)(a)(C) and (8)(a) of this section.
(10)(a) Except as provided in paragraph (b) of this subsection,
a court may not grant a judgment for the adoption of a minor
child unless the petitioner has filed with the court the
documents described in subsections (6) and (8)(a) of this
section.
(b) A person is not required to file a home study or a
placement report with the court when the department has granted
the person a waiver under department rules.
(11) The adoption shall comply with the Indian Child Welfare
Act (25 U.S.C. 1901 et seq.), if applicable. Every adoption
petition involving the Indian Child Welfare Act shall include the
following:
(a) A statement of the efforts to notify the appropriate Indian
tribe or tribes of the adoption; and
(b) A statement of the efforts to comply with the placement
preferences of the Indian Child Welfare Act (25 U.S.C. 1901 et
seq.) or the placement preferences of the appropriate Indian
tribe.
SECTION 10. ORS 419B.529 is amended to read:
419B.529. (1) Notwithstanding ORS 109.309, a prospective
adoptive parent is not required to file a petition for adoption
when:
(a) A juvenile court that is a circuit court has entered an
order of permanent commitment of a ward to the Department of
Human Services under ORS 419B.527 or the parent has signed and
the department has accepted a release and surrender to the
department
{ – and a certificate of irrevocability and waiver – } as
provided in ORS 418.270 regarding a child;(b) The department has completed a home study as defined in ORS
109.304 that finds the prospective parent is suitable to adopt
the child or ward and the department consents to the adoption of
the child or ward by the prospective parent;
(c) A home study and a placement report requesting the juvenile
court to enter a judgment of adoption have been filed in the
juvenile court proceeding; and
(d) At the time the placement report is filed under paragraph
(c) of this subsection, the prospective adoptive parent files the
adoption report form required under ORS 109.400.
(2) Notwithstanding ORS 21.114, the clerk of the juvenile court
may not charge or collect { – first appearance or hearing – }
{ + any + } fees for a proceeding under this section.
(3) After the filing of the home study and the placement report
requesting the court to enter a judgment of adoption, the
juvenile court that entered the order of permanent commitment may
proceed as provided in ORS 109.307 and 109.350 and may enter a
judgment of adoption.
(4) Records of adoptions filed and established under this
section shall be kept in accordance with, and are subject to, ORS
7.211.
SECTION 11. { + Sections 3 and 6 of this 2011 Act and the
amendments to ORS 21.114, 109.309, 109.312, 109.346, 109.381,
418.270 and 419B.529 by sections 1, 4, 5 and 7 to 10 of this 2011
Act apply to adoption proceedings in which the consent to
adoption was given on or after the effective date of this 2011
Act. + }
Reform Adoption
21 Jan 2011 Leave a Comment
Just wanted to throw out the link:
Reform Adoption
I’m doing lots of work over there, and would love any comments, recommendations, etc. I’ve done work on Alabama through California, with some other pieces here and there.
Anyone who knows of good sites, groups, lawyers, etc, feel free to post, and indicate if you want the post private if you want it private.
I’m Back.
12 Jan 2011 3 Comments
Adoption sucks. Not only does it suck in a general “It is bad” kind of way, but also in that even when you leave, it still sucks you back in.
So, without further ado… back to blogging.
R.I.P. Heather Rainbow
09 Dec 2010 Leave a Comment
All you ever wanted was to be the best you could be. To be recognized for your accomplishments, to be loved and accepted. You were a great fighter for social justice, or at least you tried.
For further details of the life and times of Heather Rainbow, please see the “About Me” page.
The corporate kidnappers have won again. Heather Rainbow has gone through and committed virtual suicide. No more blog, facebook, or other means of interaction via web.
She was Not-A-Mother, though she tried desperately to defy this. She gave birth and death to her daughter, Titania, and provided incubation for “Emily”. Following twelve years of infertility, a Snake Oil artist gave her medicine to be an eternal breeder of death, and successfully miscarried two babies.
This life just wasn’t for her, and so she has elected to remove herself from this shameful part of the world. We hope that one day she will be reborn into something beautiful, meaningful, and without so much suffering.
So, we dedicate the following song:
Tom Petty – Wildflowers
Wildflowers lyrics
You belong among the wildflowers
You belong in a boat out at sea
Sail away, kill off the hours
You belong somewhere you feel free
Run away, find you a lover
Go away somewhere bright and new
I have seen no other
Who compares with you
You belong among the wildflowers
You belong in a boat out at sea
You belong with your love on your arm
You belong somewhere you feel free
Run away, go find a lover
Run away, let your heart be your guide
You deserve the deepest of cover
You belong in that home by and by
You belong among the wildflowers
You belong somewhere close to me
Far away from your trouble and worry
You belong somewhere you feel free
You belong somewhere you feel free
November: National Adoption Awareness Month
05 Nov 2010 Leave a Comment
For any person who has read my blog, you probably are aware that I believe that adoption is completely corrupt. It is an industry that serves to make money, and doesn’t care about the individuals it exploits.
I have owned the website: Reform Adoption for a couple years, and I invite you to look it over. It is a work in progress, but it has great family preservation links, support links for those separated by adoption, and educational links for the corrupt nature of the adoption agency. What do social workers do? What are their premises? What manipulative tactics do they use in order to sell a product (adoption) and reap in their money by coercing mothers and fathers into placing their child for adoption? How do they do it, and how can parents protect themselves? Well, knowledge is the first step, and building protection against these tactics can help.
Adoption has taken its toll
14 Jul 2010 6 Comments
I fell back into adoption blog land today after a two week vacation. It is sucking the life out of me, quite literally.
In a world where my daughter is being lied to every day, where I have no contact except to abusive adopters who give me no current information on my daughter. In a world where the woman raising my daughter has informed me that my daughter HATES me, well, it has literally torn me into pieces.
I tend to try to be the strong one of the bunch, offering support, trying to validate and help people all the time, but really what can be done for mothers who have lost their children? What can be done for those whose lives have been traumatized by family separation? Nothing. Some can fight their legal battles, some can pick up the little bits of their child they are fed to with a straw once a year or so, but ultimately, the pain is permanent. The scars lifelong. And, the scars don’t just hurt the mother, it hurts the father, the children born before and after the ones lost, it affects uncles, and aunts, grandparents, cousins. Step-families.
And, just in mothers, it affects our relationships. It is really hard to be with a woman who is constantly depressed over the loss of her child. Even more difficult it is to be that woman.
So, I think it is time to take a hiatus. I wish the best to all of my sisters. It’s time for me to take a break from all of this and do some intensive healing.
Blessed Be.
What do Hollie Grieg and Madeline McCann have in Common? Portugal.
06 Apr 2010 Leave a Comment
Please read this article in its entirety about Hollie Grieg, a woman who has survived a horrible ordeal of a pedophile ring including a UK cop.
The deeply upsetting story of Hollie Greig
Thursday, 25 February 2010 18:38 Added by PT Editor maysaa jarour
Global Social Services in Need of….
30 Mar 2010 Leave a Comment
The United States has a record for its social services abuses. Canada as well. But the awareness of the corruption of Social Services on a global level is gaining momentum, or at least we are hearing about it more and more. See these horror stories:
Kerry Robertson and Mark McDougall are the family in the UK who have been targeted by Social Services attempting to remove their son, Ben from their care. Instead of assisting the family with any support or services they might need, they have removed this baby from his parents.
Read their story Here
If you have been targeted by Social Services or their equivalent and you reside in the UK, contact this organization: Justice for Families
Meanwhile, in Germany there was a family also being targeted by Social Services there. See this link for the full article: Child Welfare Agency Echoes Nazi Germany
These stories aren’t about individual families. It is about the destruction of these families by a system that has gone very wrong. No child should be removed for a home for the sake of a state, province, or country ensuring its GNP. This is torture. While this article states that it has the leaning of Nazi Germany, its disease has spread. More and more “social services” are becoming threatening towards the society it promises to protect.
