H.B. 179

1

PRIVATIZATION OF ADOPTION OF
2 CHILDREN IN STATE CUSTODY
3 2000 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: Nora B. Stephens
6 AN ACT RELATING TO CHILD AND FAMILY SERVICES; REQUIRING THAT THE
7 DIVISION CONTRACT WITH PRIVATE CHILD PLACING AGENCIES TO PLACE A CHILD
8 FOR ADOPTION WHEN THAT CHILD IS GIVEN A PRIMARY PERMANENCY GOAL OF
9 ADOPTION OR FINAL PLAN FOR TERMINATION OF PARENTAL RIGHTS IS
10 APPROVED; ESTABLISHING PERMISSIBLE CONTRACT TERMS; h [ AND ] h PROVIDING
10a AN
11 EFFECTIVE DATE h ; AND PROVIDING A COORDINATION CLAUSE h .
12 This act affects sections of Utah Code Annotated 1953 as follows:
13 AMENDS:
14 62A-4a-205.6, as last amended by Chapter 274, Laws of Utah 1998
15 62A-4a-607, as last amended by Chapters 195 and 329, Laws of Utah 1997
16 Be it enacted by the Legislature of the state of Utah:
17 Section 1. Section 62A-4a-205.6 is amended to read:
18 62A-4a-205.6. Adoptive placements -- Contracting with agencies.
19 (1) [With regard to children who have a] Subject to Subsection (7), when a child is given
20 a primary permanency goal of adoption or [for whom] a final plan for pursuing termination of
21 parental rights [has been] is approved for that child in accordance with Section 78-3a-312 , the
22 division shall [make intensive efforts to place the child in an adoptive home within 30 days after
23 the final plan has been approved. (2) If within the time period described in Subsection (1) the
24 division is unable to locate a suitable adoptive home, it shall]:
25 (a) facilitate the adoption of the child in connection with a specific adoptive placement that
26 was identified for the child prior to the establishment of the primary permanency goal of adoption
27 or the approval of a final plan for pursuing termination of parental rights; and
28 (b) in all other cases not covered by Subsection (1)(a), contract with licensed child placing
29 agencies [to search for an appropriate adoptive home for the child, and] to place the child for
30 adoption. [The division shall comply with the requirements of Section 62A-4a-607 and contract
31 with a variety of child placing agencies licensed under Part 6.]
32 (2) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
33 division shall establish a payment schedule for adoption-related fees to licensed child placing
34 agencies.
35 (3) The payment schedule may include:
36 (a) a flat-fee paid to each child placing agency that agrees to use its resources and best
37 efforts to place a particular child for adoption;
38 (b) a final adoption fee paid to the child placing agency that places the child for adoption;
39 (c) incentives for expedited and difficult placements;
40 (d) offsets and incentives based on a child placing agency's past performance with the
41 division; and
42 (e) other provisions designed to:
43 (i) expedite the placement of children for adoption;
44 (ii) maximize each child's opportunity for adoption; and
45 (iii) involve as many child placing agencies as possible in placing children for adoption.
46 (4) The division shall retain:
47 (a) legal and physical custody over each child until the child is placed for adoption; and
48 (b) the authority to reject an adoptive placement that is not in the best interests of the child.
49 (5) In accordance with federal law, the division shall develop plans for the effective use
50 of cross-jurisdictional resources to facilitate timely adoptive or permanent placements for waiting
51 children.
52 [(3)] (6) The division shall ensure that children who are adopted and were previously in
53 its custody, continue to receive the medical and mental health coverage that they are entitled to
54 under state and federal law.
55 (7) (a) The division h [ may implement ] SHALL EXPAND THE IMPLEMENTATION OF h
55a Subsections (1)(b) through (3) on h [ an incremental
56 basis, provided that Subsections (1)(b) through (3) shall be fully implemented on a statewide basis
57 by July 1, 2003 ] A STATEWIDE BASIS AS STATE AND FEDERAL FUNDS BECOME AVAILABLE h .
58 (b) The division shall annually report on its progress in implementing Subsections (1)(b)

59 through (3) on a statewide basis to the Child Welfare Legislative Oversight Panel.
60 Section 2. Section 62A-4a-607 is amended to read:
61 62A-4a-607. Promotion of adoption -- Agency notification of potential adoptive
62 parents -- DCFS utilization of those parents.
63 (1) The division and all agencies licensed under this part shall promote adoption when that
64 is a possible and appropriate alternative for a child. Specifically, [in accordance with Section
65 62A-4a-205.6 ,] the division shall [actively promote the] contract with child placing agencies to
66 place children for adoption [of all children in its custody who have a final plan for termination
67 of parental rights pursuant to Section 78-3a-312 , or a permanency goal of adoption] in accordance
68 with Section 62A-4a-205.6 .
69 (2) The division shall obtain or conduct research of prior adoptive families to determine
70 what families may do to be successful with their adoptive children and shall make this research
71 available to potential adoptive parents.
72 (3) (a) On or before July 1, 1997, each agency licensed under this part shall provide all
73 potential adoptive parents who have applied for adoption with that agency with information
74 regarding all children in the custody of the division who have a permanency goal of adoption and
75 who are eligible for adoption. That notification shall include information regarding adoption
76 subsidies, ongoing medical and mental health coverage for the adopted child, training for adoptive
77 parents, and continued support for adoptive parents pursuant to Section 62A-4a-205.6 .
78 (b) The notification and information provided pursuant to Subsection (3)(a) shall include
79 a time-limited request for permission from the potential adoptive parents to provide the division
80 with their names. With regard to those parents who grant permission, the agency shall provide the
81 division with those names within ten calendar days of receiving permission. Upon receipt of those
82 names, the division shall consider the suitability of those persons as potential adoptive parents for
83 children in the custody of the division, provide the agency with the names and complete case
84 histories of appropriate children, and provide the training and support described in Subsection
85 62A-4a-205.6 (4).
86 Section 3. Effective date.
87 This act takes effect on July 1, 2000.
87a h Section 4. Coordination clause.
87b IF THIS BILL AND H.B.1 92, NOTICE TO POTENTIAL ADOPTIVE PARENTS, BOTH PASS, IT IS
87c THE INTENT OF THE LEGISLATURE THAT:
87d (1) THE AMENDMENTS TO SECTION 62A-4a-205.6 AND SUBSECTION 62A-4a-607(1) IN THIS
87e BILL SUPERCEDE THE AMENDMENTS TO SECTION 62A-4a-205.6 AND SUBSECTION 62A-4a-607(1) IN
87f H.B. 192; AND
87g (2) THE AMENDMENTS TO SUBSECTION 62A-4a-607(3) IN H.B. 192 SUPERCEDE THE
87h AMENDMENTS TO SUBSECTION 62A-4a-607(3) IN THIS BILL. h




87i Legislative Review Note
87j as of 1-6-00 12:49 PM

87k A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

87l

Office of Legislative Research and General Counsel