(1) If a parent has been adjudged to be a person with mental illness under ORS § 426.130 or a person with an intellectual disability who is in need of commitment for residential care, treatment and training under ORS § 427.290, and remains so at the time of the adoption proceedings, or if a parent is imprisoned in a state or federal prison under a sentence for a term of not less than three years and has actually served three years, the petitioner, in accordance with ORS § 109.330, shall serve on the parent, if the parent has not consented in writing to the adoption, a summons and a motion and order to show cause why the adoption of the child should not be ordered without the parent’s consent.

(2) In the case of a parent adjudged to be a person with mental illness under ORS § 426.130 or a person with an intellectual disability who is in need of commitment for residential care, treatment and training under ORS § 427.290, the petitioner shall also serve the summons and the motion and order to show cause upon the guardian of the parent. If the parent has no guardian, the court shall appoint a guardian ad litem to appear for the parent in the adoption proceedings.

(3) Upon hearing, except as provided in ORS § 109.330 (8) if the child is an Indian child, if the court finds that the adoption is in the best interests of the child, the consent of the parent who is imprisoned or adjudged to be a person with mental illness or an intellectual disability is not required, and the court may proceed regardless of the objection of the parent.

(4) This section does not apply when consent is given in loco parentis under ORS § 109.325 or 109.327. [1957 c.710 § 6 (109.312 to 109.329 enacted in lieu of 109.320); 1975 c.711 § 1; 2003 c.576 § 146; 2005 c.369 § 5; 2007 c.70 § 22; 2013 c.360 § 4; 2021 c.398 § 22]