is vacated other than as provided in ORS 109.382 or 419B.651 or the

419B.529 is vacated other than as provided in ORS 109.382 or 419B.651 or the adoptive parent of the Indian child has voluntarily consented to the termination of parental rights, an Indian child�s former parent or prior Indian custodian may intervene in the proceeding and move the court for the Indian child to be returned to the custody of the former parent or prior Indian custodian and for the parental rights to the Indian child to be restored.

����� (b)(A) The moving party shall provide by registered or certified mail, return receipt requested, notice of the motion for the Indian child to be returned to the custody of the former parent or prior Indian custodian and the time set for filing objections to the motion, together with 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 identify or location of the child�s parents cannot be ascertained.

����� (B) The petitioner shall file a declaration of compliance, including a copy of each notice sent under this subsection, together with any return receipts or other proof of service.

����� (c) Upon the filing of an objection to the motion, the court shall fix the time for hearing on objections.

����� (d) The court shall order the Indian child returned to the custody of the former parent or prior Indian custodian or restore the parental rights to the Indian child unless the court finds, by clear and convincing evidence, that the return of custody or restoration of parental rights is not in the child�s best interests, as described in ORS 419B.612. The court�s order must include a transition plan for the physical custody of the child, which may include protective supervision under ORS 419B.331. [2021 c.398 �32]

����� Note: See note under 109.382.

����� 109.385 Readoption proceeding; prima facie evidence; petition; required contents; service; exhibits; finding regarding inaccurate birthdate; fees. (1) As used in this section, �readoption� means to adopt a person, including but not limited to a minor child, who was previously adopted in a foreign nation, pursuant to the laws of the state.

����� (2) An adoption in a foreign nation under the laws of that nation of a person who is at the time of the adoption a national of the nation by adoptive parents, at least one of whom is a citizen of the United States, shall be recognized as a valid and legal adoption for all purposes in the State of Oregon if the adoption is valid and legal in the foreign nation where the adoption occurred, unless the adoption violates fundamental principles of human rights or the public policy of the state or of the federal government.

����� (3) A copy of a decree, order, judgment, certificate or other document of adoption by adoptive parents, at least one of whom is a citizen of the United States, issued by a court or pursuant to an administrative proceeding of competent jurisdiction in the foreign nation is prima facie evidence in any court or administrative proceeding in this state that the adoption was legal and valid.

����� (4) Notwithstanding subsection (2) of this section, an adoptive parent who has adopted a person in a foreign nation may petition the court for readoption for the purpose of obtaining a judgment of adoption from the circuit court of the county in which the petitioner resides.

����� (5) Except as otherwise provided in this section, ORS 109.285 does not apply to a petition for readoption under this section.

����� (6) A petition for readoption must be signed by the petitioner and, unless stated in the petition why the information or statement is omitted, must contain the following:

����� (a) The full name of the petitioner;

����� (b) The current marital or domestic partnership status of the petitioner;

����� (c) If the readoption is of a minor child, information sufficient for the court to establish that the petitioner has complied with the jurisdictional requirements of ORS 109.276 (4);

����� (d) The gender and full birth name, adopted name and any other alias of the person sought to be readopted;

����� (e) A statement of the place and date of the person�s birth in the foreign nation;

����� (f) A statement that the foreign adoption is legal and valid under the laws of the nation in which the adoption occurred and the date of the adoption;

����� (g) A statement that the person�s entry into the United States has complied with applicable federal immigration laws;

����� (h) If the readoption is of a minor child, a statement that a home study was completed and approved prior to the foreign nation adoption of the minor child;

����� (i) If the readoption is of a minor child, whether a continuing contact agreement exists under ORS 109.268 or a similar law applicable to the nation where the foreign nation adoption occurred, including the names of the parties to the agreement and the date of execution;

����� (j) A statement of the desired new adoptive name for the person to be readopted;

����� (k) If applicable, a statement that the birthdate listed on the person�s foreign nation birth documents is believed to be inaccurate and a description of the evidence that supports the petitioner�s belief;

����� (L) A statement requesting the clerk of the court, upon payment of any required fees, to issue to the petitioner a certificate of adoption under ORS 109.410 and a certified copy of the general judgment of adoption; and

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

����� (B) A statement that the petitioner has reason to know that the child is an Indian child or the petitioner does not have reason to know that the child is an Indian child; and

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

����� (i) A declaration under penalty of perjury and documentation, as described by the department by rule, showing that the proposed adoptive placement complies with the requirements under ORS 419B.654 (2); or

����� (ii) A statement that the petitioner is moving the court under ORS 419B.654 (3) for a finding that good cause exists for placement contrary to the placement preferences and a statement describing the details supporting the petitioner�s assertion that good cause exists for the alternative placement, as described in ORS 419B.654 (4).

����� (7)(a) Within 30 days after being filed with the court, the petitioner shall serve copies of the petition and the documents filed as exhibits under subsection (9) of this section and, if applicable, a copy of the declaration of compliance described in paragraph (b) of this subsection, on the Director of Human Services by either registered or certified mail with return receipt or personal service.

����� (b) 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.

����� (8) A petition filed under this section must, if applicable, request the following:

����� (a) Entry of a general judgment of adoption;

����� (b) That the petitioner be permitted to readopt the person as the child of the petitioner for all legal intents and purposes;

����� (c) A finding that the court has jurisdiction over the adoption proceeding, the parties and the person sought to be readopted;

����� (d) Approval of a change to the name of the person to be readopted;

����� (e) If applicable, a finding that a continuing contact agreement entered into under ORS 109.268, or a similar law applicable to the nation where the foreign nation adoption occurred, is in the best interests of the minor child and that the court incorporate the continuing contact agreement by reference into the adoption judgment;

����� (f) If applicable, a finding that the evidence of the person�s birthdate listed on the foreign nation adoption documents is inaccurate and that the evidence presented by the petitioner supports a change to the birthdate of the person to be readopted;

����� (g) That the court require preparation of and certify a report of adoption as provided in ORS 432.223;

����� (h) If the readoption is of a minor child, that all records, papers and files in the record of the readoption case be sealed as provided under ORS 109.289;

����� (i) A finding that the child is or is not an Indian child;

����� (j) A finding that the petitioner complied with the inquiry requirements under ORS 419B.636 (2);

����� (k) If the child is an Indian child:

����� (A) The determinations required under ORS 419B.621 regarding the Indian child�s residence, domicile and wardship status;

����� (B) A finding that the petitioner complied with the notice requirements under ORS 419B.639 (2); and

����� (C) A finding that the adoptive placement complies with the placement preferences under ORS