Title 109 · ORS Chapter 109

109.322, 109.323 and 109.324, when a parent does not consent to the adoption of the child, the petitioner shall: �� (A) Conduct the inquiry described in ORS 419B.636 (2) to determine whether the p

Citation: ORS 109.322

Section: 109.322

109.322, 109.323 and 109.324, when a parent does not consent to the adoption of the child, the petitioner shall:

�� (A) Conduct the inquiry described in ORS 419B.636 (2) to determine whether the petitioner has reason to know that the child is an Indian child; and

�� (B) Serve the parent with a summons and a true copy of a motion and order to show cause why the proposed adoption should not be ordered without the parent�s consent.

�� (b) Except as provided in subsection (3) of this section, service of the summons and the motion and order to show cause must be made in the manner provided in ORCP 7 D and E. Service must be proved as required in ORCP 7 F. The summons and the motion and order to show cause need not contain the names of the adoptive parents.

�� (c) If the petitioner has reason to know that the child is an Indian child, in addition to the service required under paragraph (b) of this subsection, the petitioner shall serve by registered or certified mail, return receipt requested, copies of the motion and order to show cause, together with the notice of proceeding in the form required under ORS 419B.639 (3)(c), on:

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

�� (B) The child�s parents;

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

�� (D) 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.

�� (d) The petitioner shall file a declaration of compliance under penalty of perjury, made in the manner described by ORCP 1 E, that includes:

�� (A) A statement and documentation, as described by the Department of Human Services by rule, of the efforts described in ORS 419B.636 (2) that the petitioner made to determine whether there is reason to know that the child is an Indian child; and

�� (B) If the petitioner has reason to know that the child is an Indian child:

�� (i) A statement describing the efforts the petitioner made, as required under ORS 109.302 (2)(c), to prevent the break up of the family or to reunite the family; and

�� (ii) A copy of each notice of proceeding the petitioner served as required under paragraph (c) of this subsection, together with any return receipts or other proof of service.

�� (2) A summons under this section must contain:

�� (a) A statement that an adoption petition has been filed and that, if the parent fails to file a written answer to the motion and order to show cause within the time provided, the court, without further notice and in the parent�s absence, may take any action that is authorized by law, including but not limited to entering a judgment of adoption of the child if the court determines, on the date the answer is required or on a future date, that:

�� (A) Consent of the parent is not required;

�� (B) The adoption is in the best interests of the child; and

�� (C) If the child is an Indian child, the nonconsenting parent�s continued custody of the Indian child is likely to result in serious emotional or physical damage to the child.

�� (b) A statement that:

�� (A) The parent must file with the court a written answer to the motion and order to show cause within 30 days after the date on which the parent is served with the summons or, if service is made by publication or posting under ORCP 7 D(6), within 30 days from the date of last publication or posting.

�� (B) In the answer, the parent must inform the court and the petitioner of the parent�s telephone number or contact telephone number and the parent�s current residence, mailing or contact address in the same state as the parent�s home. The answer may be in substantially the following form:

______________________________________________________________________________

IN THE CIRCUIT COURT OF

THE STATE OF OREGON

FOR THE COUNTY OF _________

_________,�� )

Petitioner,�� )�� NO._____

�� )

�� )�� ANSWER

�� and �� )

�� )

_________,�� )

Respondent.�� )

�� [ ] I consent to the proposed adoption.

�� [ ] I do not consent to the proposed adoption. The court should not order the proposed adoption without my consent for the following reasons:

______________________________________________________________________________

_________________________

__________________

Signature

DATE:__________________

ADDRESS OR CONTACT ADDRESS:

_____________________

TELEPHONE OR CONTACT TELEPHONE:

_____________________

______________________________________________________________________________

�� (c) A notice that, if the parent answers the motion and order to show cause, the court:

�� (A) Will schedule a hearing to address the motion and order to show cause and, if appropriate, the adoption petition;

�� (B) Will order the parent to appear personally; and

�� (C) May schedule other hearings related to the petition and may order the parent to appear personally.

�� (d) A notice that the parent has the right to be represented by an attorney. The notice must be in substantially the following form:

______________________________________________________________________________

�� You have a right to be represented by an attorney. If you wish to be represented by an attorney, please retain one as soon as possible to represent you in this proceeding. If you meet the state�s financial guidelines, you are entitled to have an attorney appointed for you at state expense. To request appointment of an attorney to represent you at state expense, you must contact the circuit court immediately. Phone ______ for further information.

______________________________________________________________________________

�� (e) A statement that the parent has the responsibility to maintain contact with the parent�s attorney and to keep the attorney advised of the parent�s whereabouts.

�� (3) A parent who is served with a summons and a motion and order to show cause under this section shall file with the court a written answer to the motion and order to show cause within 30 days after the date on which the parent is served with the summons or, if service is made by publication or posting under ORCP 7 D(6), within 30 days from the date of last publication or posting. In the answer, the parent shall inform the court and the petitioner of the parent�s telephone number or contact telephone number and current address, as defined in ORS