(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]