418.270
Surrender of child to child-caring agency; consent to adoption; time for
adoption proceedings; effect of release and surrender. (1) If licensed for such purposes
by the Department of Human Services, a child-caring agency may receive children
from the children’s parents or legal guardians for special, temporary or
continued care. Upon receiving a child under this section, the agency shall
make inquiries, as described in ORS 419B.636 (2), to determine whether there is
reason to know that the child is an Indian child. The parents or guardians may
sign releases or surrenders giving to the agency guardianship and control of
the children during the period of care, which may be extended until the
children arrive at legal age. Releases do not surrender the rights of parents
or guardians in respect to the adoption of children and do not entitle the
agency to give consent to the adoption of the children unless the release or
surrender expressly recites that the release or surrender is given for the
purpose of adoption. Child-caring agencies are authorized to place children for
adoption or family foster care only if authorized by the department in the
license issued by the department to the agency.
(2) Severance of
family ties with children by adoption or otherwise may be accomplished only by
the order of a court of competent jurisdiction.
(3) In the
absence of the certificate provided for in subsection (4) of this section, it
is unlawful to present a child released or surrendered to a child-caring agency
by a parent, parents or guardian for a court to pass upon the adoption of the
child until at least six months have elapsed after signing the release or
surrender.
(4) Parents or
guardians who have given a child into the guardianship of a child-caring agency
by release or surrender under this section for the purpose of adoption may,
concurrently or subsequently and without any adoption proceeding having been
initiated, agree that the release or surrender shall become irrevocable as soon
as the child is placed by the agency in the physical custody of a person or
persons for the purpose of adoption, and waive their right to personal
appearance in court in matters of adoption of the child, by a duly signed and
attested certificate. From and after physical placement for adoption, or, if
the child is an Indian child, upon entry of the judgment of adoption, the
certificate of irrevocability and waiver and the release or surrender may not
be revoked by the parent or guardian unless fraud or duress is affirmatively
proved.
(5) No agreement
to release or surrender a child for adoption, or other agreement or waiver of
rights having the same effect, executed before March 24, 1971, in connection
with the surrender of a child into the guardianship of a child-caring agency
for purposes of adoption, may be revoked or held invalid for any reason except
upon affirmative proof of fraud or duress.
(6)(a)
Notwithstanding subsections (1) and (4) of this section, if the agency has
reason to know that a child being released or surrendered is an Indian child:
(A) The release,
surrender or certificate of irrevocability and waiver must be executed before a
court, consistent with this subsection; and
(B) The agency
shall petition the court to hold a hearing in which the child’s parent may
execute the release, surrender or certificate of irrevocability and waiver.
(b) The petition
for a hearing under this subsection may be filed in any pending child custody
proceeding, as defined in ORS 419B.603, involving the child or, if none, a
state or local court of competent jurisdiction.
(c) Upon
receiving a petition under this subsection, the court shall schedule a hearing
no fewer than 10 days following the child’s date of birth and no more than 30
days following the date the petition is filed.
(d)(A) At the
hearing, the court shall explain to the parent, on the record in detail and in
the language of the parent, the parent’s right to legal counsel, the terms and
consequences of the release, surrender or certificate of irrevocability and
waiver and inform the parent that the release, surrender or certificate of
irrevocability and waiver may be revoked at any time prior to the entry of the
judgment of adoption.
(B) The parent
must execute the release, surrender or certificate of irrevocability and waiver
in person before the court.
(C) The
petitioner shall file the release, surrender or certificate of irrevocability
and waiver with the court.
(D) The court
shall certify that it provided the explanation in the manner required under
subparagraph (A) of this paragraph and that the parent fully understood the
terms and consequences of the release, surrender or certificate of
irrevocability and waiver. [Formerly 419.128; 1971 c.26 §1; 1975 c.310 §7; 1983
c.510 §10; 2016 c.106 §14; 2021 c.398 §29]
Notes of Decisions
Cited in
17
cases (
3 in the last 5 years), 1969–2025 · leading case:
Strobel v. Garrison, 459 P.2d 1001 (Or. 1969).
Strobel v. Garrison, 459 P.2d 1001 (Or. 1969).
· cites it 15× “Lauless, supra , is not applicable to the present case because here the child was surrendered to a licensed child-caring agency and that in these circumstances ORS 418.270 is controlling. ORS 418.270 provides as follows: "(1) Incorporated private child-caring agencies may…”
Dep't of Human Servs. v. S. C. P., 324 P.3d 633 (Or. Ct. App. 2014).
· cites it 8× “The question we decide here is whether the disposition of mother’s motion was made without the assistance of counsel and, if so, whether the absence of attorney representation deprived her of her due process rights in the June 17, 2013, proceeding.”
Stubbs v. Weathersby, 892 P.2d 991 (Or. 1995).
· cites it 3× “270(1), which governs the requirements for a parent’s consent to adoption in an agency adoption, provides in part: *632 “If licensed for such purposes by the Children’s Services Division, a private child-caring agency may receive children from their parents or legal guardians…”
J. B. D. v. Plan Loving Adoptions Now, Inc., 178 P.3d 266 (Or. Ct. App. 2008).
· cites it 5× “Two days later, PLAN visited plaintiff in the hospital and presented her with two documents required by ORS 418.270 and ORS 418.275. Those statutes authorize and govern so-called “agency adoptions,” that is, adoptions in which the birth parents relinquish to a licensed agency…”
Hylland v. Doe, 867 P.2d 551 (Or. Ct. App. 1994).
· cites it 2× “316; ORS 418.270; Rogers v. Platt, 199 Cal App 3d 1204, 1212-13, 245 Cal Rptr 532 (1988).”
C. v. J., 583 P.2d 22 (Or. Ct. App. 1978).
· cites it 4× “270 is not as simple as appellant would make it seem. ORS 418.270(4) itself is designed to protect the interests of the adoptive parents by permitting the consent of the natural parent to be made irrevocable upon placement of the child.”
Dept. of Human Servs. v. K. J. V., 512 P.3d 469 (Or. Ct. App. 2022).
· cites it 8× “’ I’m noting that and basing the decision on that, but primarily on subsection (4) of ORS 418.270.” The juvenile court then entered two judgments.”
Small v. Andrews, 530 P.2d 540 (Or. Ct. App. 1975).
“The court’s decision in Strobel did, in fact, result in a modification of the law with respect to adoptions effected through child-caring agencies (ORS 418.270). The legislature has conspicuously declined, however, to make comparable changes where adoptions are privately…”
McCurdy v. Albertina Kerr Homes, Inc., 498 P.2d 392 (Or. Ct. App. 1972).
· cites it 3× “On March 24, 1971, the governor signed the legislative Act amending ORS 418.270, of which subsection (5) was a part.”
G.S.B. v. S.M.D., 720 P.2d 1339 (Or. Ct. App. 1986).
· cites it 2× “ORS 418.270. Those provisions, however, are not applicable in this situation, because father has not established his paternity as required by ORS 109.”
Sant v. Open Adoption & Fam. Servs., Inc., 956 P.2d 226 (Or. Ct. App. 1998).
· cites it 4× “In her amended motion, she abandoned her claim under ORCP 71 B and argued instead that the judgment of adoption was void on the grounds that Open Adoption had failed to comply with ORS 418.270, 2 that the *118 statutory requirement that an attorney explain the certificate of…”
— Or. Rev. Stat. § 418.270(1) — 4 cases
Stubbs v. Weathersby, 892 P.2d 991 (Or. 1995).
“270(1), which governs the requirements for a parent’s consent to adoption in an agency adoption, provides in part: *632 “If licensed for such purposes by the Children’s Services Division, a private child-caring agency may receive children from their parents or legal guardians…”
Dep't of Human Servs. v. S. C. P., 324 P.3d 633 (Or. Ct. App. 2014).
“The question we decide here is whether the disposition of mother’s motion was made without the assistance of counsel and, if so, whether the absence of attorney representation deprived her of her due process rights in the June 17, 2013, proceeding.”
Dept. of Human Servs. v. K. J. V., 512 P.3d 469 (Or. Ct. App. 2022).
“’ I’m noting that and basing the decision on that, but primarily on subsection (4) of ORS 418.270.” The juvenile court then entered two judgments.”
— Or. Rev. Stat. § 418.270(2) — 3 cases
Dep't of Human Servs. v. S. C. P., 324 P.3d 633 (Or. Ct. App. 2014).
“The question we decide here is whether the disposition of mother’s motion was made without the assistance of counsel and, if so, whether the absence of attorney representation deprived her of her due process rights in the June 17, 2013, proceeding.”
— Or. Rev. Stat. § 418.270(4) — 7 cases
Dept. of Human Servs. v. K. J. V., 512 P.3d 469 (Or. Ct. App. 2022).
“’ I’m noting that and basing the decision on that, but primarily on subsection (4) of ORS 418.270.” The juvenile court then entered two judgments.”
Stubbs v. Weathersby, 892 P.2d 991 (Or. 1995).
“270(1), which governs the requirements for a parent’s consent to adoption in an agency adoption, provides in part: *632 “If licensed for such purposes by the Children’s Services Division, a private child-caring agency may receive children from their parents or legal guardians…”
Dep't of Human Servs. v. S. C. P., 324 P.3d 633 (Or. Ct. App. 2014).
“The question we decide here is whether the disposition of mother’s motion was made without the assistance of counsel and, if so, whether the absence of attorney representation deprived her of her due process rights in the June 17, 2013, proceeding.”
C. v. J., 583 P.2d 22 (Or. Ct. App. 1978).
“270 is not as simple as appellant would make it seem. ORS 418.270(4) itself is designed to protect the interests of the adoptive parents by permitting the consent of the natural parent to be made irrevocable upon placement of the child.”
— Or. Rev. Stat. § 418.270(5) — 1 case
McCurdy v. Albertina Kerr Homes, Inc., 498 P.2d 392 (Or. Ct. App. 1972).
“On March 24, 1971, the governor signed the legislative Act amending ORS 418.270, of which subsection (5) was a part.”
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