The 2009 passage of SB211 moved the adoption … Foster to Adopt Placements Citation: Ann. (e) Matches may only occur once sufficient non-identifying information sharing has occurred to allow for informed decision making by both parties. Building Code Review & Adoption Amendments, was signed into law by Governor Gary Herbert; this will go into effect July 1, 2019. (a) Any preferential consideration of a relative defined in Section 78A-6-306 for the initial placement of a child in state's custody expires in 120 days of the shelter hearing. 78B-6-102. Agencies are responsible for maintaining accurate documentation of each woman's recovery time frame. (6) "Adoption Services" is defined in 62A-4a-101(2). (7) The agency shall be responsible to encourage and facilitate prenatal and medical care of the birth mother. (14) "Disruption" means the termination of an adoptive placement prior to the issuance of a final decree of adoption. (12) An agency shall not charge the adoptive parent(s) for the temporary living expenses of any person other than the pre-existing parent(s) or directly affected persons. Contract: A legal written agreement that becomes binding when signed. (A) be in a currently home studied adoptive home for no longer than 30 days unless it is the identified subsequent adoptive placement; (B) be in a licensed or certified foster home governed by Rule R501-12; or. (2) A child placing adoption agency may charge adoptive parent(s) agency fees which include administrative and professional services provided on behalf of the adoptive parent(s), including but not limited to: Building Code Review & Adoption Amendments, was signed into law by Governor Gary Herbert; this will go into effect July 1, 2019. This counseling shall include at a minimum: (i) parental rights prior to relinquishments; (ii) alternative options for the child and pre-existing parent(s); and. (b) When a relative, as set forth in Section 78B-6-133, who has a significant and substantial relationship with the child, and who was not aware or did not come forward within 120 days, comes forward when a child in state's custody has a permanency goal of adoption, the long-term needs of the child to have connection with family will be a consideration as long as the relative has the ability to meet the long-term physical, emotional, cognitive, and special needs of the child. (c) A child placing adoption agency shall have an individualized written adoptive placement and transition plan that includes the child's current caregivers, the adoptive parent(s), and the child, to facilitate the child's transition into the adoptive family and ensures the family's ability to meet the child's needs. (b) All case files shall be retained for a minimum of 100 years from the date the case is closed. (b) If the family states they would be open to a child with special needs or high needs, they will complete training specific to identified needs and in compliance with 62A-4a-609-2. (9) An agency shall not charge adoptive parent(s) for any fee that was not included in the written disclosure without providing written agreement and justification approved by the prospective adoptive parent(s), and either the Office of Licensing or the Court. Home Study (Adoptions) Statutory code/cite for the Adoptive Home Studies: UCA 78-30-3.5,3.6 Enacted by Chapter 3, 2008 General Session. (d) Over collection of adoption related expenses that are not refunded is only permissible with estimated adoption related expenses if: (i) any overage will be used to support the adoption related expenses of another adoption of the adoptive parent(s) that paid the expenses originally or refunded to the adoptive parent(s)upon their request; (ii) any over-collected adoption related expenses shall not be used for the benefit of the agency or anyone associated with the licensee or as a payment to a pre-existing parent. Including rencently updated code. Administrative Documentation. (a) In the event that any records required in this Rule are not obtained, the child placing adoption agency shall provide documentation of its efforts to obtain those records. This part is known as the "Utah Adoption Act." (15) "Foster Care" means family care in the residence of a foster parent who is licensed or certified pursuant to R501-12. (1) The Division of Child and Family services shall comply with 62A-4a and R512 in regards to services provided to pre-existing parent(s), including disclosing all allowable adoptive parent(s) information to the birth family, except as governed by R512-41-11 for the Division of Child and Family Services. A list of agencies with links to their homepages is available at http://www.utah.gov/government/agencylist.html or from http://www.rules.utah.gov/contact/agencycontacts.htm. Utah’s Adoption Connection works with Utah’s Division of Child & Family Services (DCFS) and is managed in partnership with Raise the Future, a non-profit child welfare agency serving seven states in the west, including Utah. (5) An executive director shall have at least one year of full time paid experience in a licensed child placing adoption agency. Married adults who have permission from their spouse, and single adults who are not cohabitating. Code 614-1-5, see flags on bad law, and search Casetext’s comprehensive legal database (1) A licensee that is in operation on the effective date of this Rule shall be given 60 days to achieve compliance with this Rule. (26) "Pre-existing Parent" is defined in 78B-6-103. (g) description of documented income for each adoptive applicant and a written plan for adoptive applicants who work outside the home addressing how they shall provide security and responsible child care to meet individual child needs. Usually, the birth mother gives consent to adopt more than twenty-four hours after the birth of the ... Utah Adoption Act § 78B-6-112. Search the Law Search. (3) If an agency arranges housing for pre-existing parents, assure that such housing complies with the following minimum standards: (a) housing is in compliance with health, fire, zoning, and other applicable laws and regulations; (b) if the housing meets the definition of Residential Support (R501-22) the agency shall obtain a Residential Support license through the Office of Licensing; (c) housing is clean, well-maintained and adequately furnished; (d) birth mothers shall not share bedrooms with other birth mothers; (e) laundry equipment and supplies shall be available; and. (a) The agency shall provide applicants with a written copy of the agency's appeal process, which shall include the right to submit a written appeal and request for reconsideration, upon order of the court in accordance with Section 78B-6-128. This includes: (i) documenting information shared with potential adoptive parent(s) regarding unknown pre-existing parent(s), Indian Child Welfare Act, and any known information that could potentially disrupt an adoptive placement; (ii) respond to requests for information from clients and former clients within 30 days and document all requests for information or actual sharing of information to/from birth families, adoptees, adoptive families, and others; (iii) provide non-identifying information in client files that can allowably be shared, and shall comply with previous releases and established policies; (iv) the agency shall refer clients to the Mutual-Consent Voluntary Adoption Registry through Department of Health Vital Records if adult adoptees or birth family members want to reunite; and. It may include non-identifying information as follows: (a) demographics, such as age, nationality, religious affiliation; (d) educational achievement and profession; (e) family characteristics, including marital history and length, sexual orientation, and any other children; (i) non-identifying information transparently disclosed by the Agency in advance; and. (8) "Agency" means a child placing adoption agency. 2011 Utah Code Title 31A Insurance Code Chapter 22 Contracts in Specific Lines Section 610.1 Adoption indemnity benefit. Go … Latest version. The Utah Administrative Code is the body of all effective administrative rules as compiled and organized by the Division of Administrative Rules (see Subsection 63G-3-102(5); see also Sections 63G-3-701 and 702). (j) Provide copies of all documents signed by clients directly to those clients upon request. Adoption cases eventually are sealed, and, until they are sealed, they are classified as "private" records. While the new law applies to all adoptions—and not only to those finalized after 2015—parental consent is still required for the release of adoption … (3) An agency fee may be charged as a flat fee or be itemized and both must clarify what is included or specifically excluded. (5) "Adoption Related Expenses" are defined in 76-7-203. (7) "Adoption Related Counseling" includes clinical counseling and psycho educational counseling that is specific to adoption and includes the counseling provided to pre-existing parent(s) as required by circumstances and 78B-6-119. (f) If a child is not placed within 30 days after relinquishment or after determination of availability for adoption by the court, the agency shall document its efforts to screen the child with other child placing agencies and shall list the child with local, regional, and inter-state adoption exchanges. Administrative Ethics and Responsibilities. A child or parent can place their information in the registry. (3) When the 120-day time period for preferential consideration for a relative of a child in custody expires, the court can grant a hearing to a petitioner that meets the following criteria: (a) A relative who did not come forward in the first 120 days, if: (i) they have a significant and substantial relationship with the child; and, (ii) the child is with another relative who is unable or unwilling to adopt the child; and, (iii) they were unaware the child was in foster care; and. ; Enrollee: includes an insured.See Utah Code 31A-1-301; Health care: means any of the following intended for use in the diagnosis, treatment, mitigation, or prevention of a human ailment or impairment: A Act of Love Alternative adoptions is a charitable, non-profit 501(c)(3) adoption agency. (c) the child is a member of a sibling group placed together for adoption. The Utah Judiciary is committed to the open, fair, and efficient administration of justice under the law. (25) "Office" means the DHS Office of Licensing. The Utah Administrative Code is the body of all effective administrative rules as compiled and organized by the Division of Administrative Rules (see Subsection 63G-3-102(5); see also Sections 63G-3-701 and 702).. Private Utah adoptions can become complicated if a birthmother hands over her parental rights but then decides to keep the child. (4) The adoptive applicants shall be informed, in writing, and within ten business days after the decision is made, as to the acceptance or the reasons for the denial of their home study. (4) "Child Placing Adoption Agency" means an individual, agency, firm, corporation, association, or group children's home that engages in child placing for the purpose of finding a person to adopt a child or placing a child in a home for adoption. (11) The agency shall retain documentation for any adoption related expense exceeding twenty five dollars, which may include receipts, lease agreements, signed fund transfers to pre-existing parent(s) in reasonable amounts in order to cover basic daily needs such as food and household supplies, and any other pertinent documentation. (b) The affidavit shall be executed as follows: (i) a copy shall be signed by the adoptive parent(s); (ii) all adoption related expenses shall be itemized and include a declaration that Section 76-7-203 has not been violated; (A) itemized expenses in the affidavit shall align with those verified by pre-existing parents in R501-7-11(3)(n); (iii) the affidavit shall include a declaration of all gifts, property, or other items that have been or will be provided to the pre-existing parent(s), including the source of the gifts, property or other items; (iv) the affidavit shall include a declaration of the state of the residence of the pre-existing parent(s) and the prospective adoptive parent(s); (v) the affidavit shall include a declaration of all public funds used for any medical or hospital costs in connection with the pregnancy, delivery of the child, or care of the child; and. (k) home study updates, if completed by the agency: (i) copies of purchased home studies and updates are to be provided to the subjects of these documents upon request. All of these options can help pay for adoption-related expenses in Utah. The State of Utah has no opinion regarding adoption ; The State of Utah prefers childbirth over abortion ; The State of Utah prefers childbirth over abortion. Subscribe Now. (10) A child placing adoption agency shall assist the birth and adoptive parent(s) in creating a post-placement contact agreement, including: (a) whether the birth parent wants to disclose their identity to the adoptee or the adoptive family; (b) contact about or from the child or parents, directly or indirectly, in the future and how that will occur; (c) that such agreements are non-binding except in certain public child welfare cases; and. (3) Each social work supervisor shall be licensed in this state as a mental health therapist, shall comply with the Utah Mental Health Professional Practice Act, and shall have at least one year of full time paid professional experience in a licensed child placing adoption agency. NOTE: For a list of rules that have been made effective since January 1, 2020, please see the codification segue page. (7) A child placing adoption agency shall provide a written disclosure statement of all agency fees, flat fees and adoption related expenses that prospective adoptive parent(s) may incur before the agency accepts any payments, or enters into any agreement with the prospective adoptive parent(s). (2) Adoptive Parent(s) Files shall cross-reference all related files and shall contain: (a) signed and dated application for service including agency disclosure of religion and marital status polices on the application; (b) signed and dated adoptive parent(s) adoptive orientation form as required and provided by DHS Office of Licensing; (c) proof that the content of the pre-existing parent(s) adoption orientation form was provided to adoptive parent(s); (d) proof of compliance with 62A-4a-607 regarding the availability of children in state custody for adoption; (e) itemized written fee disclosure statement as described in Section R501-7-6 signed and dated by prospective adoptive parent(s) and agency representative prior to entering any agreements as outlined in; (f) proof of identification or documented due diligence to determine identity; (g) copies of marriage certificates, divorce papers, custody and visitation orders, proof of US citizenship; (h) proof that all allowable child/pre-existing parent(s) information was shared with adoptive parent(s); (i) voluntary consent agreement acknowledging conflict of interests per R501-7-4 (A); (j) documentation and itemization of all reasonable and actual adoption-related expenses that exceed $25.00 charged to the adoptive parent(s) as outlined in R501-7-6 to include: (i) written agreement and justification for any expenses charged to the prospective adoptive parent(s) outside the fee disclosure statement; (ii) affidavit signed by adoptive parent(s) and agency representative outlining itemized actual expenditures made on behalf of the pre-existing parent(s) as outlined in fees disclosures section R501-7-6; (k) record of all payments received and disbursements made; (l) home study/pre placement evaluation as outlined in R501-7-9 and 78B-6-128; (i) and including a child abuse registry report obtained from all applicable child welfare agencies per R501-7-9(3)(c)(i); (m) case notes describing all services provided; (n) physician report for each prospective adoptive parent; (o) background clearances for prospective adoptive parent(s) and all adults over age 18 residing in the home; (p) proof of ability to provide health care for an adopted child; (r) documentation of all requests for information or sharing of information to include: (i) post adopt information exchange with pre-existing parent(s); and. (g) in addition to adoptive parent(s) and child file content requirements in R501-7-11, intercountry adoption files shall also include: (i) signed agency agreements and/or contracts; (ii) USCIS approval to proceed with a foreign adoption; (iii) copies of adoption documents required by the adoption officials in the foreign country; (iv) copies of all child information provided by the foreign country; (v) post-adoption reports required by the foreign country; and. (13) "Directly Affected Person" is defined in 76-7-203. (i) The agency shall provide the adoptive parent(s) written notice of their right to appeal and the procedure for appeal. In accordance with Utah Code, Title 58, Chapter 56, Utah Uniform Building Standards Act, the Legislature, repeals the state construction code in effect on June 30, 2010, and adopts the following as the State Construction Code effective July 1, 2010: Latest version. (2) A child placing adoption agency may charge adoptive parent(s) agency fees which include administrative and professional services provided on behalf of the adoptive parent(s), including but not limited to: (c) background screenings for adoptive parent(s) and staff; (i) agency staff support throughout pregnancy, birth, placement and post placement; (j) home studies, if completed by the agency; and. A Utah Uniform Building Standards Act was passed in 1953. Terms Used In Utah Code 31A-22-610.1. (8) The agency shall not reject an applicant solely based upon the applicant's choice to work outside the home. Step-parent adoption typically require the noncustodial biological parent to terminate his or her parental rights. (a) The selection of the adoptive family and the adoptive family's decision to adopt a specific child shall be based on the following: (ii) adoptive family's ability to meet the identified and potential needs of the child; (iii) the wishes of the pre-existing parent(s) who voluntarily relinquish their rights, the adoptive parent(s), and when applicable, the child, shall be considered. (9) Except when authorized by court order pursuant to Section 78B-6-128, a child placing adoption agency shall not place a child in an adoptive home until the home study and each adult's criminal and abuse background screenings have been approved. Human Services, Child and Family Services. Statutes, codes, and regulations. (23) "Match" means the identification of a specific potential adoptive child with a specific potential adoptive family. (a) If a disruption occurs, a child placing agency shall provide for the care of the child. (1) Provisions of this section do not apply to the Division of Child and Family Services as they governed by their own rules, statutes, and documentation requirements that are more restrictive and extensive than those outlined here, including 78A-6-306 Shelter Hearing, 307 Placement, 310 Adjudication hearing, 312 Reunification services, 314 Permanency hearing and 316 Termination of parental rights. (1) Child placing adoption agencies shall: (a) identify and strictly adhere to accurate accounting practices, including all fee requirements of this rule; (b) always act in the best interest of a child; (i) best interest determinations are made by considering a number of factors related to the child's circumstances including age and developmental needs and the parent or caregiver's circumstances and capacity to parent the child to adulthood and shall consider the pre-existing parent(s)' wishes when parental rights are voluntarily relinquished; (c) provide services and adhere to ethical practices that support and comply with all client rights and responsibilities; (d) develop and comply with processes that are free from fraud, duress or undue influence and avoid and mitigate conflicts of interest in order to preserve the protections of clients to include: (i) not give preferential treatment to its board members, employees, volunteers, agents, consultants, independent contractors, donors, or their respective families with regard to child placing decisions; (ii) not accepting or soliciting donations from an adoptive family that is under consideration for placement of a child or pending finalization of an adoption; (A) generalized mass solicitation through newsletters or the media shall not constitute a violation under this rule; (iii) not coercing or incentivizing pre-existing parent(s) to make a plan of adoption or to relinquish their parental rights; (iv) not permitting its employees, volunteers, agents, consultants, or independent contractors to provide adoption services to both the pre-existing parent(s) and the adoptive parent(s) unless all parties are made aware of potential conflicts of interest and sign a voluntary consent; (v) inform clients that they are free to select independent attorneys and other non-child placing adoption services; (A) client bears the responsibility to select a competent provider and their choice may affect costs incurred; (vi) not referring any individual to services in which the agency's board members, volunteers, employees, agents, consultants, independent contractors, or their respective families are engaged, without first disclosing potential conflicts of interest and informing said individuals that they are free to select independent adoption service providers; and. Updated September 2019 Below you will find information about the adoption assistance benefits that may be available to families who adopt children from foster care in Utah. (1) This rule is authorized under Section 62A-2-106. Adopting Families in states other than Utah : Utah State Statutes: Utah Adoption Statute and Law Title 78B: Judicial Code Chapter 6: Particular Proceedings-Utah Adoption Act (This page was last updated on (10/22/13.) (6) The agency's policies regarding the consideration of religion and marital status in the selection of adoptive families shall be clearly stated in its initial consultation with prospective adoptive parent(s). Join the Utah adoption group in our community! (6) An agency may charge an adoptive or potential adoptive parent(s) for either the actual adoption related expenses in regard to the pre-existing parent(s) and directly affected individuals or a flat fee estimate of adoption related expenses. (4) A social work supervisor may not supervise more than eight staff and volunteers who provide adoption services to clients. Adoption subsidy policies and practices are, for the most part, dependent on the state where the child was in foster care before the adoption… Utah Code. (2) "Relative" is defined in Section 78A-6-307. Help Sign In Sign Up Sign Up. Home / Publications / Administrative Code. The Utah Administrative Code is the body of all effective administrative rules as compiled and organized by the Division of Administrative Rules (see Subsection 63G-3-102(5); see also Sections 63G-3-701 and 702). JX. (7) The agency shall verify that an applicant's income is sufficient to provide for a child's needs. International Adoptions must be completed through an adoption agency or adoption attorney. The Utah Administrative Code is the body of all effective administrative rules as compiled and organized by the Division of Administrative Rules (see Subsection 63G-3-102(5); see also Sections 63G-3-701 and 702). (1) "Child and Family Services" means the Division of Child and Family Services. 31A-22-610.1. (c) The written disclosure shall identify any fee that is non-refundable. (3) "Child Placing" is defined in 62A-2-101. Utah Code Title 78B, Chapter 6, Part 1: Utah Adoption Act: Who Can Be Adopted: Any child or adult can be adopted, if eligible and the Utah adoption laws are followed. Abuse/Neglect of Seniors and Adults with Disabilities 1-800-371-7897. 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