ICPC State Pages

Oregon Definitions

Oregon Specific Definitions

If the following terms are defined differently than below (General Definitions), please provide definitions for the following types of placements as defined within your state. If definitions in your state are the same, please type the word same in the space provided. (only 250 characters per answer will be accepted).

Adoption

Same

Foster-Adopt

Same

Foster Care

Same

Parent

"Parent" means the biological or adoptive mother or the legal father of the child. A legal father is a man who has adopted the child or whose paternity has been established or declared under ORS 109.070, ORS 416.400 to 416.465, or by a juvenile court. In cases involving an Indian child under the Indian Child Welfare Act (ICWA), a legal father includes a man who is a father under applicable tribal law. "Parent" also includes a putative father who has demonstrated a direct and significant commitment to the child by assuming or attempting to assume responsibilities normally associated with parenthood, unless a court finds that the putative father is not the legal father.

Relative

"Relative" means:

(a) An individual with one of the following relationships to the child or young adult through the parent of the child or young adult:

(A) Any blood relative of preceding generations denoted by the prefixes of grand, great, or great-great.

(B) Any half-blood relative of preceding generations denoted by the prefixes of grand, great, or great-great (individuals with one common biological parent are half-blood relatives).

(C) A sibling, also to include an individual with a sibling relationship to the child or young adult through a putative father.

(D) An aunt, uncle, nephew, niece, first cousin, and first cousin once removed.

(E) A spouse of anyone listed in paragraphs (A) to (D) of this subsection, even if a petition for annulment, dissolution, or separation has been filed or the marriage is terminated by divorce or death. To be considered a relative under this paragraph, the child or young adult must have had a relationship with the spouse prior to the child or young adult entering substitute care.

(F) For the purposes of an international adoption, relative means an individual described in paragraphs (A) to (D) of this subsection.

 

(b) An individual with one of the following relationships to the child or young adult:

(A) An individual defined as a relative by the law or custom of the tribe of the child or young adult if the child or young adult is an Indian child under the Indian Child Welfare Act or in the legal custody of a tribe.

(B) An individual defined as a relative of a refugee child or young adult under Child Welfare Policy I-E.2.2, "Placement of Refugee Children" OAR 413-070-0300 to 413-070-0380.

(C) A stepparent described in OAR 413-100-0020(27)(c) or former stepparent if the child or young adult had a relationship with the former stepparent prior to the child or young adult entering substitute care; a stepbrother; or a stepsister.

(D) The registered domestic partner of the parent of the child or young adult or a former registered domestic partner of the parent of the child or young adult if the child or young adult had a relationship with the former domestic partner prior to entering substitute care.

(E) The adoptive parent of a sibling of a child or young adult.

(F) The unrelated legal or biological father or mother of a half-sibling of a child or young adult when the half-sibling of the child or young adult is living with the unrelated legal or biological father or mother.

(c) An individual identified by the child or young adult or the family of the child or young adult, or an individual who self-identifies, related to the child or young adult through the parent of the child or young adult by blood, adoption, or marriage to a degree other than an individual specified as a relative in paragraphs (A) to (D) of subsection (a) of this section.

(d) An individual, although not related by blood, adoption, or marriage identified as:

(A) A member of the family by the child or young adult or the family of the child or young adult; and

(B) An individual who had an emotionally significant relationship with the child or young adult or the family of the child or young adult prior to the time the Department placed the child in substitute care.

Relative Foster Care

Same

General Definitions

Adoption

is the legal act of permanently placing a child with a parent or parents other than the birth parents. Adoption results in the severing of the parental responsibilities and rights of the biological parents and the placing of those responsibilities and rights onto the adoptive parents. After the finalization of an adoption, there is no legal difference between biological and adopted children.

The types of adoptions permitted by each state are governed by state law:

• Private Agency - are adoptions facilitated by a private licensed agency (i.e. domestic and international).
• Independent - are adoptions facilitated by an attorney, other intermediary, or adoption facilitator as defined by state law.
• Public - are adoptions facilitated by a public state or local agency and involve children who are in the custody of a state/local government agency.

Days

means “Calendar” (not business) days.

Foster - Adopt

is an individual who has been approved as a licensed foster parent and who has made an offer of an adoption commitment if the child becomes legally free.

Foster Care (Provider)

is any person other than a natural or adoptive parent with whom a child is in the care, custody, or guardianship of the State Child Welfare Agency and placed by said division, or with its approval for temporary or long-term care but shall not include any person with whom a child is placed for the purpose of adoption.  Foster home means and includes private residences that are licensed, or specialized group homes.

Foster Care Maintenance Payments

means payments to cover the cost of (and the cost of providing) food, clothing, shelter, daily supervision, school supplies, a child's personal incidentals, liability insurance with respect to a child, and reasonable travel to the child's home for visitation. In the case of institutional care, such term shall include the reasonable costs of administration and operation of such institution as are necessarily required to provide the items described in the preceding sentence.

Legal Risk Adoptions

A legal risk adoption, or a legal risk placement, is one where a prospective adoptive child is placed in your home although the child is not yet legally free to be adopted.

License/certification/approval

means approval and or certification granted by the authority of a state regulatory agency.

Live Scan

is an electronic computerized technology which digitally scans fingerprints and provides immediate transmission of fingerprint records to the Department of Justice, FBI or other authorized receiving agency.

Parent

is a biological, adoptive parent or legal guardian as determined by applicable State law and is responsible for the care, custody and control of a child or upon whom there is legal duty for such care.

Relative

is a birth or adoptive brother, sister, stepparent, stepbrother, stepsister, uncle, aunt, first cousin, niece, nephew, as well as relatives of half blood or marriage and those denoted by the prefixes of grand and great including grand parent or great grandparent, or as defined in your state statute for the purpose of foster and or adoptive placements.

Relative-Foster Care

refers to a person who meets the definition of a relative as noted above and has been approved as a licensed foster parent.