Bill Text: OR HB2051 | 2011 | Regular Session | Introduced

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Bill Title: Relating to payments to adoptive parents.

Spectrum: Unknown

Status: (Failed) 2011-06-30 - In committee upon adjournment. [HB2051 Detail]

Download: Oregon-2011-HB2051-Introduced.html

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     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 799

                         House Bill 2051

Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
  Presession filed (at the request of Governor John A. Kitzhaber
  for Department of Human Services)

                             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.

  Provides that Department of Human Services is to determine
qualification for and set amount of adoption payments through
negotiations with prospective adoptive parents. Allows change of
payment amount upon change in circumstances or in amount of
comparable assistance in foster care. Clarifies when department
may suspend or terminate payments to adoptive parents.
  Establishes right to hearing for persons affected by decision
or order of department.

                        A BILL FOR AN ACT
Relating to payments to adoptive parents; creating new
  provisions; and amending ORS 418.330 and 418.335.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 418.330 is amended to read:
  418.330. (1) The Department of Human Services may make payments
to adoptive parents on behalf of a child placed for adoption by
the department or by an approved child-caring agency when the
department determines:
  (a) The child has special needs because of   { - a handicap - }
 { +  an impediment + } to adoptive placement by reason of the
child's physical or mental condition, race, age, or membership in
a sibling group; or
  (b) The adoptive family is capable of providing the permanent
family relationships needed by the child in all respects other
than financial, and the needs of the child are beyond the
economic ability and resources of the family.
  (2) Payments   { - in subsidization of adoption - }  { +  under
subsection (1) of this section:
  (a)  + }May include but are not limited to the maintenance
costs, medical and surgical expenses, and other costs incidental
to the care, training and education of the child  { - . - }
 { + ; and
  (b) + }   { - Such payments - }  May not exceed the cost of
providing comparable assistance in foster care   { - and shall
not be made after the adoptive child becomes 18 years of age - }
.
  SECTION 2. ORS 418.335 is amended to read:
  418.335.   { - (1) Qualification for payments in subsidization
of adoption shall be determined and approved by the Department of
Human Services prior to the completion of the adoption
proceeding, and shall be redetermined annually thereafter. The
department may increase, decrease, suspend or terminate payments
at any time in its discretion. - }
    { - (2) If a payment in subsidization of adoption is
suspended or terminated prior to the 18th birthday of the child,
the parents of the child may petition the department for a review
of the case.  The department shall afford the petitioner an
opportunity for a hearing which shall be held in the county the
petitioner elects. - }
   { +  (1) Qualification for payments under ORS 418.330 must be
determined by the Department of Human Services prior to the
completion of the adoption proceeding.
  (2) The department shall set the amount of payments under ORS
418.330 through negotiations with the prospective adoptive
parents, taking into consideration the circumstances of the
prospective adoptive parents and the needs of the child.
  (3) The department may change the amount of payment under ORS
418.330:
  (a) Through renegotiation with the adoptive parents, based upon
a showing that there has been a change in the circumstances of
the adoptive parents or the needs of the child; or
  (b) When the department has reduced or increased the amount of
comparable assistance in foster care under ORS 418.647.
  (4) The department may suspend or terminate payments when one
or more of the following conditions exist:
  (a) The child attains 18 years of age.
  (b) The adoptive parents are no longer legally responsible for
the support of the child.
  (c) The child is no longer receiving any support from the
adoptive parents.
  (5) The department shall provide an opportunity for a hearing
under ORS chapter 183 to any person affected by a decision or
order of the department under this section. + }
  SECTION 3.  { + The amendments to ORS 418.330 and 418.335 by
sections 1 and 2 of this 2011 Act apply to payments to adoptive
parents made on or after the effective date of this 2011 Act. + }
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