Bill Text: OR HB2052 | 2011 | Regular Session | Enrolled
Bill Title: Relating to payments to adoptive parents; and declaring an emergency.
Sponsorship: Unknown
Status: (Passed) 2011-05-27 - Chapter 141, (2011 Laws): Effective date May 27, 2011. [HB2052 Detail]
Download: Oregon-2011-HB2052-Enrolled.html
76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session
Enrolled
House Bill 2052
Introduced and printed pursuant to House Rule 12.00. Presession
filed (at the request of Governor John A. Kitzhaber for
Department of Human Services)
CHAPTER ................
AN ACT
Relating to payments to adoptive parents; creating new
provisions; amending ORS 418.330, 418.335 and 418.340; and
declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 418.330 is amended to read:
418.330. { + (1) As used in this section:
(a) 'Child' means:
(A) A person under 18 years of age;
(B) A person under 21 years of age if the Department of Human
Services determines that the person has a mental or physical
disability that warrants the continuation of assistance; or
(C) A person who has attained 18 years of age and:
(i) On whose behalf payments under this section were received
prior to the person attaining 18 years of age, provided the
person was at least 16 years of age at the time the payments
commenced;
(ii) Has not attained 21 years of age; and
(iii)(I) Is completing secondary education or a program leading
to an equivalent credential;
(II) Is enrolled in an institution or program that provides
post-secondary or vocational education;
(III) Is participating in a program or activity designed to
promote, or remove barriers to, employment;
(IV) Is employed for at least 80 hours per month; or
(V) Is incapable of doing any of the activities described in
sub-sub-subparagraphs (I) to (IV) of this sub-subparagraph due to
a medical condition, which incapability is supported by regularly
updated documentation.
(b) 'Child-caring agency' means:
(A) A child-caring agency as defined in ORS 418.205; and
(B) For a child who has attained 18 years of age, an
independent residence facility established or certified under ORS
418.475 in which the child resides as an enrollee in an
independent living program.
(c) 'Nonrecurring adoption expenses' means reasonable and
necessary adoption fees, court costs, attorney fees and other
expenses that are directly related to the adoption of a child
with special needs and that are not incurred in violation of
state or federal law. + }
Enrolled House Bill 2052 (HB 2052-B) Page 1
{ - (1) - } { + (2) + } 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 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. 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. - }
{ + (3) Payments to subsidize adoptions made under subsection
(2) of this section:
(a) Shall include payment of nonrecurring adoption expenses
incurred by or on behalf of adoptive parents in connection with
the adoption of a child with special needs;
(b) 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;
(c) May not exceed the cost of providing comparable assistance
in foster care; and
(d) May not be made:
(A) For a child who has not attained 18 years of age, when the
adoptive parents are no longer legally responsible for the
support of the child; or
(B) When the child is no longer receiving any support from the
adoptive parents.
(4) Adoptive parents receiving payments under subsection (2) of
this section shall inform the department of circumstances that
would make the adoptive parents:
(a) Ineligible to receive the payments; or
(b) Eligible to receive the payments in a different amount. + }
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.
Enrolled House Bill 2052 (HB 2052-B) Page 2
(3) The department may change the amount of payments 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) If a payment under ORS 418.330 is suspended or terminated
for a reason not related to the age of the child, the adoptive
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 must be held in the county the
petitioner elects. + }
SECTION 3. ORS 418.340 is amended to read:
418.340. The Department of Human Services shall make all
necessary rules { - and regulations for administering the
program for payments in subsidization of - } { + for payments
to subsidize + }adoptions.
SECTION 4. { + The amendments to ORS 418.330, 418.335 and
418.340 by sections 1 to 3 of this 2011 Act become operative on
October 1, 2011. + }
SECTION 5. { + The Department of Human Services may adopt
rules or take any action before the operative date specified in
section 4 of this 2011 Act that is necessary for the department
to exercise, on or after the operative date specified in section
4 of this 2011 Act, all of the duties, functions and powers
conferred on the department by the amendments to ORS 418.330,
418.335 and 418.340 by sections 1 to 3 of this 2011 Act. + }
SECTION 6. { + This 2011 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2011 Act takes effect on its
passage. + }
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Enrolled House Bill 2052 (HB 2052-B) Page 3
Passed by House March 3, 2011
Repassed by House May 12, 2011
.............................................................
Ramona Kenady Line, Chief Clerk of House
.............................................................
Bruce Hanna, Speaker of House
.............................................................
Arnie Roblan, Speaker of House
Passed by Senate May 10, 2011
.............................................................
Peter Courtney, President of Senate
Enrolled House Bill 2052 (HB 2052-B) Page 4
Received by Governor:
......M.,............., 2011
Approved:
......M.,............., 2011
.............................................................
John Kitzhaber, Governor
Filed in Office of Secretary of State:
......M.,............., 2011
.............................................................
Kate Brown, Secretary of State
Enrolled House Bill 2052 (HB 2052-B) Page 5
