to 109.410 and 109.425 to 109.507.

109.266 to 109.410 and 109.425 to 109.507.

����� (5)(a) Within 30 days after being filed with the court, the petitioner shall serve copies of the petition, the documents filed as exhibits under subsection (3) of this section, the Adoption Summary and Segregated Information Statement described in ORS 109.287, including any amendments and exhibits attached to the statement, and, if applicable, a copy of the declaration of compliance described in paragraph (d) of this subsection, on the Director of Human Services by either registered or certified mail with return receipt or personal service.

����� (b) In the case of an adoption in which one of the child�s parents retains parental rights as established under ORS 109.065 or 419B.609, 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 109.301 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.

����� (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. 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 health care, food, shelter, clothing, personal hygiene and other care without which serious physical injury or illness is likely to occur.

����� (d) If the petitioner has reason to know that the child is an Indian child, within 30 days after filing the petition, the petitioner shall:

����� (A) Serve copies of the petition by registered or certified mail, return receipt requested, together with the notice of proceeding in the form required under ORS 419B.639 (3), to:

����� (i) Each tribe of which the child may be a member or in which the Indian child may be eligible for membership;

����� (ii) The child�s parents;

����� (iii) The child�s Indian custodian, if applicable; and

����� (iv) The appropriate United States Bureau of Indian Affairs Regional Director listed in 25 C.F.R. 23.11(b), if the identity or location of the child�s parents, Indian custodian or tribe cannot be ascertained.

����� (B) File a declaration of compliance with the court, including a copy of each notice sent, together with any return receipts or other proof of service.

����� (e) Except when the child is an Indian child, service required by this subsection may be waived by the court for good cause. [Formerly 109.315]

����� 109.287 Adoption Summary and Segregated Information Statement; exhibits; confidentiality. (1) An Adoption Summary and Segregated Information Statement must be filed concurrently with every petition for adoption of a minor child filed under ORS