Legal Question in Family Law in Oregon

Re: HHS Director has final say

We are attempting to adopt our grandson. He is in the custody of the State of OR & is placed in foster care. We've completed a kinship homestudy. The committee decided he should be placed with us. We were told:More than 1 request was received that the committee's decision should be reviewed and the HHS Director decided to open these - the decision is to be reviewed and the Director will make final decison.This decision will be final. We won't be allowed to appeal if the 1st decision is reversed & he is placed with the foster family. A judge doesn't have say in this & an attorney can't be of assist. Comment?

ANSWER:

I am confused as to the child's legal status. Have parental rights been terminated by court judgment? If that is the case, then I assume the child has been permanently committed to SOSCF for purposes of adoption, with SOSCF then hold the legal authoriti to give consent to relinquishing the child for adoption (doing so in place of the parent). And in such case, you are legally no longer a grandparent and there have no greater legal claim than anybody else. (If parents have been legally "deparented," then the grandparents are, legally, no longer grandparents.

On the other hand, if parental rights have not been terminated, that would mean the the power to give consent to your adopting the child is still in the hands of the parents. And this may be true even though the physical custody of the child is, for the time being, under the control SOSCF.

What action you should take, what are your rights and remedies, all depend on the specific legal posture of your case. I am unable to determine that from the facts your posting presents.

L.D. Gorin