H.B. 112

1

PREPLACEMENT AND POSTPLACEMENT
2 ADOPTIVE EVALUATIONS
3 1997 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: Robert H. M. Killpack
6 AN ACT RELATING TO ADOPTION; CLARIFYING THE PROVISIONS FOR VOLUNTARY
7 RELINQUISHMENTS UNDER THE TERMINATION OF PARENTAL RIGHTS ACT;
8 LIMITING TIME PERIOD FOR PLACEMENT OF A CHILD WHILE AWAITING FINAL
9 PREPLACEMENT ADOPTIVE EVALUATION; APPLYING PREPLACEMENT ADOPTIVE
10 EVALUATIONS TO OTHER ADULTS LIVING IN THE PROSPECTIVE ADOPTIVE
11 HOME; DEFINING THE TYPES OF PROFESSIONALS WHO MAY CONDUCT
12 ADOPTIVE STUDIES; PROVIDING THAT THE COURT MAY DETERMINE WHO IS
13 OTHERWISE QUALIFIED TO CONDUCT AN EVALUATION; REQUIRING THE
14 PREPLACEMENT EVALUATION TO BE FILED AT THE TIME OF THE PETITION OR
15 WITHIN 10 DAYS THEREAFTER; REQUIRING THE DEPARTMENT OF HUMAN
16 SERVICES TO ASSESS THE QUALITY AND COMPETENCE OF ALL ADOPTIVE
17 EVALUATIONS; AND PROVIDING AN EFFECTIVE DATE.
18 This act affects sections of Utah Code Annotated 1953 as follows:
19 AMENDS:
20 78-3a-414, as renumbered and amended by Chapter 260, Laws of Utah 1994
21 78-30-3.5, as last amended by Chapter 318, Laws of Utah 1996
22 Be it enacted by the Legislature of the state of Utah:
23 Section 1. Section 78-3a-414 is amended to read:
24 78-3a-414. Voluntary relinquishment -- Irrevocable.
25 (1) Voluntary relinquishment or consent for termination of parental rights shall be signed
26 or confirmed under oath before a judge of any court that has jurisdiction over proceedings for
27 termination of parental rights in this state or any other state, [or] a public officer appointed by that

1 court for the purpose of taking consents or relinquishments, or a person authorized to take consents
2 or relinquishments pursuant to Section 78-30-4.18.
3 (2) The court or appointed officer or other authorized person shall certify that the person
4 executing the consent or relinquishment has read and understands the consent or relinquishment
5 and has signed it freely and voluntarily.
6 (3) A voluntary relinquishment or consent for termination of parental rights is effective
7 when it is signed and may not be revoked.
8 (4) The requirements and processes described in Sections 78-3a-402 through 78-3a-410
9 do not apply to a voluntary relinquishment or consent for termination of parental rights. The court
10 need only find that the relinquishment or termination is in the child's best interest, or that the
11 consent or relinquishment was executed pursuant to the provisions of Title 78, Chapter 30,
12 Adoption.
13 (5) Upon granting a voluntary relinquishment the court may make orders relating to the
14 child's care and welfare that the court deems to be in the child's best interest.
15 Section 2. Section 78-30-3.5 is amended to read:
16 78-30-3.5. Preplacement and postplacement adoptive studies required -- Exceptions.
17 (1) (a) [A] Except as otherwise provided in this section, a child may not be placed in an
18 adoptive home until a preplacement adoptive [study, evaluating the petitioner as a] evaluation,
19 assessing the prospective adoptive parent and the [petitioner's home as a] prospective adoptive
20 home, has been conducted in accordance with the requirements of this section.
21 (b) The court may, at any time, authorize temporary placement of a child in a potential
22 adoptive home, for a period of 60 days, pending completion of [a] the preplacement adoptive
23 [study in accordance with] evaluation required by this section.
24 [(b)] (c) Subsection (1)(a) does not apply if a birth parent has legal custody of the child
25 to be adopted and the [petitioner] prospective adoptive parent is related to that [birth parent] child
26 as a [spouse, parent,] step-parent, sibling by half or whole blood or by adoption, grandparent, aunt,
27 uncle, or first cousin, unless the evaluation is otherwise requested by the court. The prospective
28 adoptive parents described in this Subsection (1)(c) shall, however, obtain the information
29 described in Subsections (2)(a) and (b) and file that documentation with the court prior to
30 finalization of the adoption.
31 [(c)] (d) The requirements of Subsection (1)(a) are satisfied by a previous preplacement

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1 adoptive homestudy conducted within three years prior to placement of the child, or an annual
2 updated adoptive study conducted after that three-year period or within one year after finalization
3 of a previous adoption.
4 (2) [With regard to adoption proceedings in which a licensed child placing agency has not
5 placed the child, the] The preplacement adoptive [study] evaluation shall include:
6 (a) criminal history record information regarding each prospective adoptive parent and any
7 other adult living in the prospective home, received h [within] NO EARLIER THAN h 12 months
7a immediately preceding
8 placement of the child, from the Law Enforcement and Technical Services Division of the
9 Department of Public Safety in accordance with Subsection 53-5-214(1)[, regarding each
10 petitioner];
11 (b) a report from the Department of Human Services' child abuse database, regarding each
12 prospective adoptive parent and any other adult living in the prospective home obtained h [within ]
12a NO EARLIER THAN h 12
13 months immediately preceding placement of the child, pursuant to a waiver executed by each
14 [petitioner] of those parties; and
15 (c) [a homestudy] an evaluation conducted by [an expert in family relations approved by
16 the court or] a certified social worker [licensed under Title 58, Chapter 60, Part 2], clinical social
17 worker, marriage and family therapist, psychologist, h PROFESSIONAL COUNSELOR, h or other
17a court-determined expert in family
18 relations who is licensed to practice under the laws of this state. The evaluation shall be in a form
19 approved by the Department of Human Services[, and certified as having been received by the
20 Division of Child and Family Services, Department of Human Services]. The Department of
21 Human Services may not proscribe who qualifies as an expert in family relations, or who may
22 conduct evaluations under this Subsection (2)(c).
23 (3) h [The ] EXCEPT AS PROVIDED IN SUBSECTION (1), THE h preplacement adoptive
23a evaluation shall be filed with the court at the time the
24 petition for adoption is filed, or within ten business days thereafter.
25 [(3)] (4) (a) A copy of [each] the preplacement adoptive [study] evaluation shall be
26 [submitted to] filed with the Division of Child and Family Services within the Department of
27 Human Services.
28 (b) [Through random screening, that] The department shall assess the quality and
29 competence of all preplacement adoptive [studies] evaluations conducted.
30 [(a)] (5) Prior to the final hearing in an adoption proceeding, a postplacement adoptive
31 [study] evaluation shall be conducted and submitted to the court.
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CORRECTED COPY - lilac-March 3, 1997

lilac-February 28, 1997

1 [(b)] (a) [With regard to adoption proceedings in which a licensed child placing agency
2 has not placed the child, the post-placement study shall be conducted by an expert in family
3 relations approved by the court or a certified social worker licensed under Title 58, Chapter 60,
4 Part 2, and] The postplacement evaluation shall include:
5 (i) verification of the allegations of fact contained in the petition for adoption[, attachments
6 to the petition, and in the report of expenditures required by Section 78-30-15.5];
7 (ii) an evaluation of the progress of the child's placement in the adoptive home; and
8 (iii) a recommendation regarding whether the adoption is in the best interest of the child.
9 (b) The requirements for and exemptions from evaluations described in Subsections (1)(c),
10 (2)(c), and (4) apply also to postplacement adoptive evaluations.
11 [(4)] (6) If the person or agency conducting the [study] evaluation disapproves the
12 [petitioner] adoptive placement, either in the preplacement or postplacement adoptive [study]
13 evaluation, the court may dismiss the petition. Upon request of the [petitioner] prospective
14 adoptive parent, the court shall order that an additional preplacement or postplacement adoptive
15 [study] evaluation be conducted by a person who the court determines to be qualified h IN
15a ACCORDANCE WITH THE GUIDELINES AND QUALIFICATIONS DESCRIBED IN SUBSECTION (2)(c) h ,
15b and may
16 hold a hearing on the suitability of the adoption, including testimony of interested parties.
17 [(5)] (7) Prior to finalization of a petition for adoption the court shall review and consider
18 the information and recommendations contained in the preplacement and postplacement adoptive
19 studies required by this section.
20 Section 3. Effective date.
21 This act takes effect on July 1, 1997.




Legislative Review Note
as of 2-4-97 11:55 AM

A limited legal review of this bill raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel

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lilac-February 28, 1997