H.B. 245 Enrolled

1

CHILD WELFARE AMENDMENTS
2 2007 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Merlynn T. Newbold
5 Senate Sponsor: Allen M. Christensen
6
7 LONG TITLE
8 General Description:
9 This bill amends the Utah Human Services Code and the Judicial Code in order to
10 comply with federal requirements, including those contained in The Adam Walsh Child
11 Protection and Safety Act of 2006 and the Safe and Timely Interstate Placement of
12 Foster Care Children Act of 2006, and to make corrections to certain child welfare
13 provisions.
14 Highlighted Provisions:
15 This bill:
16 . amends the background check procedures of the Office of Licensing, within the
17 Department of Human Services, as they relate to background checks conducted for
18 the purpose of licensing a prospective foster home or approving a prospective
19 adoptive placement of a child in state custody;
20 . requires that before a prospective foster home is licensed, and before a child in state
21 custody is placed with a prospective foster parent or a prospective adoptive parent,
22 the Department of Human Services shall check the child abuse and neglect registry
23 of each state where the prospective foster parent, prospective adoptive parent, or an
24 adult residing in the home of the prospective foster parent or prospective adoptive
25 parent, resided during the five years immediately preceding placement of the child;
26 . permits the information within the Management Information System, maintained by
27 the Division of Child and Family Services, within the Department of Human
28 Services, to be disclosed for the purpose of:
29 . complying with an abuse and neglect registry check requested by another state;

30 and
31 . complying with the federal requirements for maintaining an electronic national
32 registry of substantiated cases of child abuse and neglect;
33 . provides for the recognition within Utah of home studies conducted outside of Utah;
34 . amends the background check procedures for direct service workers when a child in
35 the legal custody of the Department of Human Services, or a division of the
36 department, is placed with the direct service worker;
37 . requires a court to consider appropriate in-state and out-of-state placements for a
38 child who is removed from the custody of the child's parents;
39 . describes the entitlement or right of a child and others to be given notice of, to be
40 present at, and to be heard at, each hearing and proceeding in an abuse, neglect, or
41 dependency case;
42 . amends background check requirements for preplacement adoptive evaluations; and
43 . makes technical changes.
44 Monies Appropriated in this Bill:
45 None
46 Other Special Clauses:
47 None
48 Utah Code Sections Affected:
49 AMENDS:
50 62A-2-120, as last amended by Chapters 57 and 77, Laws of Utah 2006
51 62A-2-121, as last amended by Chapter 77, Laws of Utah 2006
52 62A-4a-1003, as renumbered and amended by Chapter 77, Laws of Utah 2006
53 62A-5-103.5, as last amended by Chapter 77, Laws of Utah 2006
54 78-3a-307.1, as last amended by Chapter 329, Laws of Utah 1997
55 78-3a-312, as last amended by Chapter 286, Laws of Utah 2005
56 78-3a-314, as last amended by Chapter 120, Laws of Utah 2001
57 78-30-3.5, as last amended by Chapters 121 and 122, Laws of Utah 2004

58 78-30-3.6, as enacted by Chapter 101, Laws of Utah 2001
59 ENACTS:
60 62A-4a-710, Utah Code Annotated 1953
61
62 Be it enacted by the Legislature of the state of Utah:
63 Section 1. Section 62A-2-120 is amended to read:
64 62A-2-120. Criminal background checks -- Direct access to children or
65 vulnerable adults.
66 (1) (a) Except as provided in Subsection (7), an applicant for an initial license or a
67 license renewal under this chapter shall submit to the office the names and other identifying
68 information, which may include fingerprints, of all persons associated with the licensee, as
69 defined in Section 62A-2-101 , with direct access to children or vulnerable adults.
70 (b) The Criminal Investigations and Technical Services Division of the Department of
71 Public Safety, or the office as authorized under Section 53-10-108 , shall process the
72 information described in Subsection (1)(a) to determine whether the individual has been
73 convicted of any crime.
74 (c) Except as provided in Subsection (1)(d), if an individual has not continuously lived
75 in Utah for the five years immediately preceding the day on which the information referred to
76 in Subsection (1)(a) is submitted to the office, the individual shall submit fingerprints for a FBI
77 national criminal history record check. The fingerprints shall be submitted to the FBI through
78 the Criminal Investigations and Technical Services Division.
79 (d) An individual is not required to comply with Subsection (1)(c) if:
80 (i) the individual continuously lived in Utah for the five years immediately preceding
81 the day on which the information described in Subsection (1)(a) is submitted to the office,
82 except for time spent outside of the United States and its territories[.]; and
83 (ii) the background check of the individual is being conducted for a purpose other than
84 a purpose described in Subsection (1)(f).
85 (e) If an applicant described in Subsection (1)(a) spent time outside of the United

86 States and its territories [at any time] during the five years immediately preceding the day on
87 which the information described in Subsection (1)(a) is submitted to the office, the office shall
88 require the applicant to submit documentation establishing whether the applicant was convicted
89 of a crime during the time that the applicant spent outside of the United States and its
90 territories.
91 (f) Notwithstanding any other provision of this Subsection (1), an applicant described
92 in Subsection (1)(a) shall submit fingerprints for an FBI national criminal history records
93 check, through the Criminal Investigations and Technical Services Division, if the background
94 check of the applicant is being conducted for the purpose of:
95 (i) licensing a prospective foster home; or
96 (ii) approving a prospective adoptive placement of a child in state custody.
97 (g) In addition to the other requirements of this section, if the background check of an
98 applicant described in Subsection (1)(a) is being conducted for the purpose of licensing a
99 prospective foster home or approving a prospective adoptive placement of a child in state
100 custody, the office shall:
101 (i) check the child abuse and neglect registry in each state where each prospective
102 foster parent or prospective adoptive parent resided in the five years immediately preceding the
103 day on which the prospective foster parent or prospective adoptive parent applied to be a foster
104 parent or adoptive parent, to determine whether the prospective foster parent or prospective
105 adoptive parent is listed in the registry as having a substantiated or supported finding of child
106 abuse or neglect; and
107 (ii) check the child abuse and neglect registry in each state where each adult living in
108 the home of the prospective foster parent or prospective adoptive parent described in
109 Subsection (1)(g)(i) resided in the five years immediately preceding the day on which the
110 prospective foster parent or prospective adoptive parent applied to be a foster parent or
111 adoptive parent, to determine whether the adult is listed in the registry as having a substantiated
112 or supported finding of child abuse or neglect.
113 [(f)] (h) The office shall make rules, in accordance with Title 63, Chapter 46a, Utah

114 Administrative Rulemaking Act, to implement the provisions of this Subsection (1).
115 (2) The office shall approve a person for whom identifying information is submitted
116 under Subsection (1) to have direct access to children or vulnerable adults in the licensee
117 program if:
118 (a) (i) the person is found to have no criminal history record; or
119 (ii) (A) the only convictions in the person's criminal history record are misdemeanors
120 or infractions not involving any of the offenses described in Subsection (3); and
121 (B) the date of the last conviction under Subsection (2)(a)(ii)(A) is more than five years
122 before the date of the search;
123 (b) the person is not listed in the statewide database of the Division of Aging and Adult
124 Services created by Section 62A-3-311.1 ;
125 (c) juvenile court records do not show that a court made a substantiated finding, under
126 Section 78-3a-320 , that the person committed a severe type of child abuse or neglect;
127 (d) the person is not listed in the Licensing Information System of the Division of
128 Child and Family Services created by Section 62A-4a-1006 ; [and]
129 (e) the person has not pled guilty or no contest to a pending charge for any:
130 (i) felony;
131 (ii) misdemeanor listed in Subsection (3); or
132 (iii) infraction listed in Subsection (3)[.]; and
133 (f) for a person described in Subsection (1)(g), the registry check described in
134 Subsection (1)(g) does not indicate that the person is listed in a child abuse and neglect registry
135 of another state as having a substantiated or supported finding of child abuse or neglect.
136 (3) [Unless] Except as provided in Subsection (8), unless at least ten years have passed
137 since the date of conviction, the office may not approve a person to have direct access to
138 children or vulnerable adults in the licensee's human services program if that person has been
139 convicted of an offense, whether a felony, misdemeanor, or infraction, that is:
140 (a) identified as a sexual offense, domestic violence, lewdness, assault, or battery;
141 (b) a violation of any pornography law, including sexual exploitation of a minor;

142 (c) prostitution;
143 (d) included in:
144 (i) Title 76, Chapter 5, Offenses Against the Person;
145 (ii) Title 76, Chapter 5a, Sexual Exploitation of Children; or
146 (iii) Title 76, Chapter 7, Offenses Against the Family; [or]
147 (e) a violation of Section 76-6-103 , aggravated arson;
148 (f) a violation of Section 76-6-203 , aggravated burglary;
149 (g) a violation of Section 76-6-302 , aggravated robbery; or
150 [(e)] (h) a conviction [in: (i) (A) another state, territory, or district of the United States;
151 or (B) a federal court of the United States; and (ii)] for an offense committed outside of
152 the state that, if committed in the state, would constitute a violation of an offense described in
153 [Subsection] Subsections (3)(d) through (g).
154 (4) (a) [If] Except as provided in Subsection (8), if a person for whom identifying
155 information is submitted under Subsection (1) is not approved by the office under Subsection
156 (2) or (3) to have direct access to children or vulnerable adults in the licensee program, the
157 office shall conduct a comprehensive review of criminal and court records and related
158 circumstances if the reason the approval is not granted is due solely to one or more of the
159 following:
160 (i) a conviction for:
161 (A) any felony not listed in Subsection (3);
162 (B) any misdemeanor or infraction, not listed in Subsection (3), within five years of the
163 date of the search;
164 (C) a protective order or ex parte protective order violation under Section 76-5-108 or
165 a similar statute in another state; or
166 (D) any felony, misdemeanor, or infraction listed in Subsection (3) if at least ten years
167 have passed since the date of conviction;
168 (ii) a plea of guilty or no contest to a pending:
169 (A) felony;

170 (B) misdemeanor [not] listed in Subsection (3); or
171 (C) infraction [not] listed in Subsection (3);
172 (iii) the person is listed in the statewide database of the Division of Aging and Adult
173 Services created by Section 62A-3-311.1 ;
174 (iv) juvenile court records show that a court made a substantiated finding, under
175 Section 78-3a-320 , that the person committed a severe type of child abuse or neglect; [or]
176 (v) the person is listed in the Licensing Information System of the Division of Child
177 and Family Services created by Section 62A-4a-1006 [.]; or
178 (vi) the person is listed in a child abuse or neglect registry of another state as having a
179 substantiated or supported finding of child abuse or neglect.
180 (b) The comprehensive review under Subsection (4)(a) shall include an examination of:
181 (i) the date of the offense or incident;
182 (ii) the nature and seriousness of the offense or incident;
183 (iii) the circumstances under which the offense or incident occurred;
184 (iv) the age of the perpetrator when the offense or incident occurred;
185 (v) whether the offense or incident was an isolated or repeated incident;
186 (vi) whether the offense or incident directly relates to abuse of a child or vulnerable
187 adult, including:
188 (A) actual or threatened, nonaccidental physical or mental harm;
189 (B) sexual abuse;
190 (C) sexual exploitation; and
191 (D) negligent treatment;
192 (vii) any evidence provided by the person of rehabilitation, counseling, or psychiatric
193 treatment received, or additional academic or vocational schooling completed, by the person;
194 and
195 (viii) any other pertinent information.
196 (c) At the conclusion of the comprehensive review under Subsection (4)(a), the office
197 shall approve the person who is the subject of the review to have direct access to children or

198 vulnerable adults, unless it finds that approval will likely create a risk of harm to a child or
199 vulnerable adult.
200 (d) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
201 office may make rules, consistent with this chapter, defining procedures for the comprehensive
202 review described in this Subsection (4).
203 (5) (a) For purposes of this Subsection (5), "directly supervised" means that the person
204 being supervised is under the uninterrupted visual and auditory surveillance of the person doing
205 the supervising.
206 (b) A licensee may not permit any person to have direct access to a child or a
207 vulnerable adult unless, subject to Subsection (5)(c), that person is:
208 (i) associated with the licensee and:
209 (A) approved by the office to have direct access to children or vulnerable adults under
210 this section; or
211 (B) (I) the office has not determined whether to approve that person to have direct
212 access to children or vulnerable adults;
213 (II) the information described in Subsection (1)(a), relating to that person, is submitted
214 to the department; and
215 (III) that person is directly supervised by a person associated with the licensee who is
216 approved by the office to have direct access to children or vulnerable adults under this section;
217 (ii) (A) not associated with the licensee; and
218 (B) directly supervised by a person associated with the licensee who is approved by the
219 office to have direct access to children or vulnerable adults under this section;
220 (iii) the parent or guardian of the child or vulnerable adult; or
221 (iv) a person approved by the parent or guardian of the child or vulnerable adult to
222 have direct access to the child or vulnerable adult.
223 (c) Notwithstanding Subsection (5)(b), a person may not have direct access to a child
224 or a vulnerable adult if that person is prohibited by court order from having that access.
225 (6) (a) Within 30 days after receiving the identifying information for a person under

226 Subsection (1), the office shall give written notice to the person and to the licensee or applicant
227 with whom the person is associated of:
228 (i) the office's decision regarding its background screening clearance and findings; and
229 (ii) a list of any convictions found in the search.
230 (b) With the notice described in Subsection (6)(a), the office shall also give to the
231 person the details of any comprehensive review conducted under Subsection (4).
232 (c) If the notice under Subsection (6)(a) states that the person is not approved to have
233 direct access to children or vulnerable adults, the notice shall further advise the persons to
234 whom the notice is given that either the person or the licensee or applicant with whom the
235 person is associated, or both, may, under Subsection 62A-2-111 (2), request a hearing in the
236 department's Office of Administrative Hearings, to challenge the office's decision.
237 (d) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
238 office shall make rules, consistent with this chapter:
239 (i) defining procedures for the challenge of its background screening decision
240 described in this Subsection (6); and
241 (ii) expediting the process for renewal of a license under the requirements of this
242 section and other applicable sections.
243 (7) Notwithstanding Subsection (1)(a), this section does not apply to an applicant for
244 an initial license, or license renewal, to operate a substance abuse [treatment] program that
245 provides services to adults only.
246 (8) (a) Notwithstanding Subsections (2) through (4), the office may not approve or
247 license a person as a prospective foster parent or a prospective adoptive parent if the person has
248 been convicted of:
249 (i) a felony involving conduct that constitutes any of the following:
250 (A) child abuse, as described in Section 76-5-109 ;
251 (B) commission of domestic violence in the presence of a child, as described in Section
252 76-5-109.1 ;
253 (C) abuse or neglect of a disabled child, as described in Section 76-5-110 ;

254 (D) endangerment of a child, as described in Section 76-5-112.5 ;
255 (E) aggravated murder, as described in Section 76-5-202 ;
256 (F) murder, as described in Section 76-5-203 ;
257 (G) manslaughter, as described in Section 76-5-205 ;
258 (H) child abuse homicide, as described in Section 76-5-208 ;
259 (I) homicide by assault, as described in Section 76-5-209 ;
260 (J) kidnapping, as described in Section 76-5-301 ;
261 (K) child kidnapping, as described in Section 76-5-301.1 ;
262 (L) aggravated kidnapping, as described in Section 76-5-302 ;
263 (M) an offense described in Title 76, Chapter 5, Part 4, Sexual Offenses;
264 (N) an offense described in Title 76, Chapter 5a, Sexual Exploitation of Children;
265 (O) aggravated arson, as described in Section 76-6-103 ;
266 (P) aggravated burglary, as described in Section 76-6-203 ;
267 (Q) aggravated robbery, as described in Section 76-6-302 ; or
268 (R) domestic violence, as described in Section 77-36-1 ; or
269 (ii) an offense committed outside the state that, if committed in the state, would
270 constitute a violation of an offense described in Subsection (8)(a)(i).
271 (b) Notwithstanding Subsections (2) through (4), the office may not approve or license
272 a person as a prospective foster parent or a prospective adoptive parent if, within the five years
273 immediately preceding the day on which the person would otherwise be approved or licensed,
274 the person has been convicted of a felony involving conduct that constitutes any of the
275 following:
276 (i) aggravated assault, as described in Section 76-5-103 ;
277 (ii) aggravated assault by a prisoner, as described in Section 76-5-103.5 ;
278 (iii) mayhem, as described in Section 76-5-105 ;
279 (iv) an offense described in Title 58, Chapter 37, Utah Controlled Substances Act;
280 (v) an offense described in Title 58, Chapter 37a, Utah Drug Paraphernalia Act;
281 (vi) an offense described in Title 58, Chapter 37b, Imitation Controlled Substances

282 Act;
283 (vii) an offense described in Title 58, Chapter 37c, Utah Controlled Substance
284 Precursor Act; or
285 (viii) an offense described in Title 58, Chapter 37d, Clandestine Drug Lab Act.
286 Section 2. Section 62A-2-121 is amended to read:
287 62A-2-121. Access to abuse and neglect information.
288 (1) For purposes of this section:
289 (a) "Direct service worker" is as defined in Section 62A-5-101 [; and].
290 (b) "Personal care attendant" is as defined in Section 62A-3-101 .
291 (2) With respect to a licensee, a certified local inspector applicant, a direct service
292 worker, or a personal care attendant, the department may access only the Licensing Information
293 System of the Division of Child and Family Services created by Section 62A-4a-1006 and
294 juvenile court records under Subsection 78-3a-320 (6), for the purpose of:
295 (a) (i) determining whether a person associated with a licensee, with direct access to
296 children:
297 (A) is listed in the Licensing Information System; or
298 (B) has a substantiated finding by a juvenile court of a severe type of child abuse or
299 neglect under Subsections 78-3a-320 (1) and (2); and
300 (ii) informing a licensee that a person associated with the licensee:
301 (A) is listed in the Licensing Information System; or
302 (B) has a substantiated finding by a juvenile court of a severe type of child abuse or
303 neglect under Subsections 78-3a-320 (1) and (2);
304 (b) (i) determining whether a certified local inspector applicant:
305 (A) is listed in the Licensing Information System; or
306 (B) has a substantiated finding by a juvenile court of a severe type of child abuse or
307 neglect under Subsections 78-3a-320 (1) and (2); and
308 (ii) informing a local government that a certified local inspector applicant:
309 (A) is listed in the Licensing Information System; or

310 (B) has a substantiated finding by a juvenile court of a severe type of child abuse or
311 neglect under Subsections 78-3a-320 (1) and (2); [or]
312 (c) (i) determining whether a direct service worker:
313 (A) is listed in the Licensing Information System; or
314 (B) has a substantiated finding by a juvenile court of a severe type of child abuse or
315 neglect under Subsections 78-3a-320 (1) and (2); and
316 (ii) informing a direct service worker or the direct service worker's employer that the
317 direct service worker:
318 (A) is listed in the Licensing Information System; or
319 (B) has a substantiated finding by a juvenile court of a severe type of child abuse or
320 neglect under Subsections 78-3a-320 (1) and (2); or
321 (d) (i) determining whether a personal care attendant:
322 (A) is listed in the Licensing Information System; or
323 (B) has a substantiated finding by a juvenile court of a severe type of child abuse or
324 neglect under Subsections 78-3a-320 (1) and (2); and
325 (ii) informing a person described in Subsections 62A-3-101 (9)(a)(i) through (iv) that a
326 personal care attendant:
327 (A) is listed in the Licensing Information System; or
328 (B) has a substantiated finding by a juvenile court of a severe type of child abuse or
329 neglect under Subsections 78-3a-320 (1) and (2).
330 (3) Notwithstanding Subsection (2), the department may access the Division of Child
331 and Family Service's Management Information System under Section 62A-4a-1003 :
332 (a) for the purpose of licensing and monitoring foster parents[.]; and
333 (b) for the purposes described in Subsection 62A-4a-1003 (1)(d).
334 (4) After receiving identifying information for a person under Subsection
335 62A-2-120 (1), the department shall process the information for the purposes described in
336 Subsection (2).
337 (5) The department shall adopt rules under Title 63, Chapter 46a, Utah Administrative

338 Rulemaking Act, consistent with this chapter, defining the circumstances under which a person
339 may have direct access or provide services to children when:
340 (a) the person is listed in the Licensing Information System of the Division of Child
341 and Family Services created by Section 62A-4a-1006 ; or
342 (b) juvenile court records show that a court made a substantiated finding under Section
343 78-3a-320 , that the person committed a severe type of child abuse or neglect.
344 Section 3. Section 62A-4a-710 is enacted to read:
345 62A-4a-710. Interjurisdictional home study report.
346 (1) The state of Utah may request a home study report from another state or an Indian
347 Tribe for purposes of assessing the safety and suitability of placing a child in a home outside of
348 the jurisdiction of the state of Utah.
349 (2) The state of Utah may not impose any restriction on the ability of a state agency
350 administering, or supervising the administration of, a state program operated under a state plan
351 approved under Section 42 U.S.C. 671 to contract with a private agency to conduct a home
352 study report described in Subsection (1).
353 (3) When the state of Utah receives a home study report described in Subsection (1),
354 the home study report shall be considered to meet all requirements imposed by the state of Utah
355 for completion of a home study before a child is placed in a home, unless, within 14 days after
356 the day on which the report is received, the state of Utah determines, based on grounds that are
357 specific to the content of the report, that making a decision in reliance on the report would be
358 contrary to the welfare of the child.
359 Section 4. Section 62A-4a-1003 is amended to read:
360 62A-4a-1003. Management Information System -- Requirements -- Contents --
361 Purpose -- Access.
362 (1) (a) The division shall develop and implement a Management Information System
363 that meets the requirements of this section and the requirements of federal law and regulation.
364 (b) The information and records contained in the Management Information System:
365 (i) are protected records under Title 63, Chapter 2, Government Records Access and

366 Management Act; and
367 (ii) except as provided in [Subsection] Subsections (1)(c) and (d), are available only to
368 a person with statutory authorization under Title 63, Chapter 2, Government Records Access
369 and Management Act, to review the information and records described in this Subsection
370 (1)(b).
371 (c) Notwithstanding Subsection (1)(b)(ii), the information and records described in
372 Subsection (1)(b)[(ii)] are available to a person:
373 (i) as provided under Subsection (6) or Section 62A-4a-1006 ; or
374 (ii) who has specific statutory authorization to access the information or records for the
375 purpose of assisting the state with state and federal requirements to maintain information solely
376 for the purpose of protecting minors and providing services to families in need.
377 (d) Notwithstanding Subsection (1)(b)(ii), the information and records described in
378 Subsection (1)(b) may, to the extent required by Title IV-B or IV-E of the Social Security Act,
379 be provided by the division:
380 (i) to comply with child abuse and neglect registry checks requested by other states;
381 and
382 (ii) to the United States Department of Health and Human Services for purposes of
383 maintaining an electronic national registry of substantiated cases of child abuse and neglect.
384 (2) With regard to all child welfare cases, the Management Information System shall
385 provide each caseworker and the department's office of licensing, exclusively for the purposes
386 of foster parent licensure and monitoring, with a complete history of each child in that worker's
387 caseload, including:
388 (a) a record of all past action taken by the division with regard to that child and the
389 child's siblings;
390 (b) the complete case history and all reports and information in the control or keeping
391 of the division regarding that child and the child's siblings;
392 (c) the number of times the child has been in the custody of the division;
393 (d) the cumulative period of time the child has been in the custody of the division;

394 (e) a record of all reports of abuse or neglect received by the division with regard to
395 that child's parent, parents, or guardian including:
396 (i) for each report, documentation of the:
397 (A) latest status; or
398 (B) final outcome or determination; and
399 (ii) information that indicates whether each report was found to be:
400 (A) supported;
401 (B) unsupported;
402 (C) substantiated by a juvenile court;
403 (D) unsubstantiated by a juvenile court; or
404 (E) without merit;
405 (f) the number of times the child's parent or parents failed any child and family plan;
406 and
407 (g) the number of different caseworkers who have been assigned to that child in the
408 past.
409 (3) The division's Management Information System shall:
410 (a) contain all key elements of each family's current child and family plan, including:
411 (i) the dates and number of times the plan has been administratively or judicially
412 reviewed;
413 (ii) the number of times the parent or parents have failed that child and family plan;
414 and
415 (iii) the exact length of time the child and family plan has been in effect; and
416 (b) alert caseworkers regarding deadlines for completion of and compliance with
417 policy, including child and family plans.
418 (4) With regard to all child protective services cases, the Management Information
419 System shall:
420 (a) monitor the compliance of each case with:
421 (i) division rule and policy;

422 (ii) state law; and
423 (iii) federal law and regulation; and
424 (b) include the age and date of birth of the alleged perpetrator at the time the abuse or
425 neglect is alleged to have occurred, in order to ensure accuracy regarding the identification of
426 the alleged perpetrator.
427 (5) Except as provided in Subsection (6) regarding contract providers and Section
428 62A-4a-1006 regarding limited access to the Licensing Information System, all information
429 contained in the division's Management Information System is available to the department,
430 upon the approval of the executive director, on a need-to-know basis.
431 (6) (a) Subject to this Subsection (6), the division may allow its contract providers,
432 court clerks designated by the Administrative Office of the Courts, and the Office of the
433 Guardian Ad Litem to have limited access to the Management Information System.
434 (b) A division contract provider has access only to information about a person who is
435 currently receiving services from that specific contract provider.
436 (c) (i) Designated court clerks may only have access to information necessary to
437 comply with Subsection 78-3h-102 (2).
438 (ii) The Office of the Guardian Ad Litem may access only the information that:
439 (A) relates to children and families where the Office of the Guardian Ad Litem is
440 appointed by a court to represent the interests of the children; and
441 (B) except as provided in Subsection (6)(d), is entered into the Management
442 Information System on or after July 1, 2004.
443 (d) Notwithstanding Subsection (6)(c)(ii)(B), the Office of the Guardian Ad Litem
444 shall have access to all child abuse and neglect referrals about children and families where the
445 office has been appointed by a court to represent the interests of the children, regardless of the
446 date that the information is entered into the Management Information System.
447 (e) Each contract provider and designated representative of the Office of the Guardian
448 Ad Litem who requests access to information contained in the Management Information
449 System shall:

450 (i) take all necessary precautions to safeguard the security of the information contained
451 in the Management Information System;
452 (ii) train its employees regarding:
453 (A) requirements for protecting the information contained in the Management
454 Information System as required by this chapter and under Title 63, Chapter 2, Government
455 Records Access and Management Act; and
456 (B) the criminal penalties under Sections 62A-4a-412 and 63-2-801 for improper
457 release of information; and
458 (iii) monitor its employees to ensure that they protect the information contained in the
459 Management Information System as required by law.
460 (f) The division shall take reasonable precautions to ensure that its contract providers
461 comply with the requirements of this Subsection (6).
462 (7) The division shall take all necessary precautions, including password protection and
463 other appropriate and available technological techniques, to prevent unauthorized access to or
464 release of information contained in the Management Information System.
465 Section 5. Section 62A-5-103.5 is amended to read:
466 62A-5-103.5. Disbursal of public funds -- Background check of a direct service
467 worker.
468 (1) For purposes of this section:
469 (a) "directly supervised" means that the person being supervised is under the
470 uninterrupted visual and auditory surveillance of the person doing the supervising; and
471 (b) "office" is as defined in Section 62A-2-101 .
472 (2) Subject to Subsection (4), public funds may not be disbursed to pay a direct service
473 worker for personal services rendered to a person, unless:
474 (a) subject to Subsection (5), the direct service worker is approved by the office to have
475 direct access and provide services to children or vulnerable adults pursuant to Section
476 62A-2-120 ;
477 (b) except as provided in Subsection (5):

478 (i) during the time that the direct service worker renders the services described in this
479 Subsection (2), the direct service worker who renders the services is directly supervised by a
480 direct service worker who is approved by the office to have direct access and provide services
481 to children or vulnerable adults pursuant to Section 62A-2-120 ;
482 (ii) the direct service worker who renders the services described in this Subsection (2)
483 has submitted the information required for a background check pursuant to Section 62A-2-120 ;
484 and
485 (iii) the office has not determined whether to approve the direct service worker
486 described in Subsection (2)(b)(ii) to have direct access and provide services to children or
487 vulnerable adults; or
488 (c) except as provided in Subsection (5), the direct service worker:
489 (i) (A) is a direct ancestor or descendent of the person to whom the services are
490 rendered, but is not the person's parent;
491 (B) is the aunt, uncle, or sibling of the person to whom the services are rendered; or
492 (C) (I) has submitted the information required for a background check pursuant to
493 Section 62A-2-120 ; and
494 (II) the office has not determined whether to approve the direct service worker to have
495 direct access and provide services to children or vulnerable adults; and
496 (ii) is not listed in:
497 (A) the Licensing Information System of the Division of Child and Family Services
498 created by Section 62A-4a-1006 ;
499 (B) the statewide database of the Division of Aging and Adult Services created by
500 Section 62A-3-311.1 as having a substantiated finding of abuse, neglect, or exploitation; or
501 (C) juvenile court records as having a substantiated finding under Section 78-3a-320
502 that the direct service worker committed a severe type of child abuse or neglect.
503 (3) For purposes of Subsection (2), the office shall conduct a background check of a
504 direct service worker:
505 (a) except as provided in Subsection (2)(b) or (c), before public funds are disbursed to

506 pay the direct service worker for the personal services described in Subsection (2); and
507 (b) using the same procedures established for a background check of an applicant for
508 an initial license under Section 62A-2-120 .
509 (4) The background check and the approval determination described in this section
510 shall be conducted for a direct service worker on an annual basis.
511 (5) Notwithstanding any other provision of this section, a child who is in the legal
512 custody of the department or any of the department's divisions may not be placed with a direct
513 service worker unless, before the child is placed with the direct service worker, the direct
514 service worker passes a background check, pursuant to the requirements of Section 62A-2-120 ,
515 that includes:
516 (a) submitting the direct service worker's fingerprints for an FBI national criminal
517 history records check, through the Criminal Investigations and Technical Services Division;
518 (b) checking the child abuse and neglect registry in each state where the direct service
519 worker resided in the five years immediately preceding the day on which the direct service
520 worker applied to be a direct service worker; and
521 (c) checking the child abuse and neglect registry in each state where each adult living
522 in the home where the child will be placed resided in the five years immediately preceding the
523 day on which the direct service worker applied to be a direct service worker.
524 Section 6. Section 78-3a-307.1 is amended to read:
525 78-3a-307.1. Criminal background checks necessary prior to out-of-home
526 placement.
527 (1) Upon ordering removal of a child from the custody of [his] the child's parent and
528 placing that child in the custody of the Division of Child and Family Services, [and] prior to
529 the division's placement of that child in out-of-home care, the court shall require the
530 completion of a background check by the Utah Bureau of Criminal Identification regarding the
531 proposed placement.
532 (2) (a) The Division of Child and Family Services and the Office of the Guardian ad
533 Litem Director may request, or the court upon its own motion may order, the Department of

534 Public Safety to conduct a complete Federal Bureau of Investigation criminal background
535 check through the national criminal history system (NCIC).
536 (b) Upon request by the Division of Child and Family Services or the Office of the
537 Guardian ad Litem Director, or upon the court's order, persons subject to the requirements of
538 Subsection (1) shall submit fingerprints and shall be subject to an FBI fingerprint background
539 check. The child may be temporarily placed, pending the outcome of that background check.
540 (c) The cost of those investigations shall be borne by whoever is to receive placement
541 of the child, except that the Division of Child and Family Services may pay all or part of the
542 cost of those investigations if the person with whom the child is to be placed is unable to pay.
543 (3) Notwithstanding any other provision of this section, except as otherwise permitted
544 by federal law or rule, a child who is in the legal custody of the state may not be placed with a
545 prospective foster parent or a prospective adoptive parent, unless, before the child is placed
546 with the prospective foster parent or the prospective adoptive parent:
547 (a) a fingerprint based FBI national criminal history records check is conducted on the
548 prospective foster parent or prospective adoptive parent and each adult living in the home of
549 the prospective foster parent or prospective adoptive parent;
550 (b) the Department of Human Services conducts a check of the child abuse and neglect
551 registry in each state where the prospective foster parent or prospective adoptive parent resided
552 in the five years immediately preceding the day on which the prospective foster parent or
553 prospective adoptive parent applied to be a foster parent or adoptive parent, to determine
554 whether the prospective foster parent or prospective adoptive parent is listed in the registry as
555 having a substantiated or supported finding of child abuse or neglect;
556 (c) the Department of Human Services conducts a check of the child abuse and neglect
557 registry of each state where each adult living in the home of the prospective foster parent or
558 prospective adoptive parent described in Subsection (3)(b) resided in the five years
559 immediately preceding the day on which the prospective foster parent or prospective adoptive
560 parent applied to be a foster parent or adoptive parent, to determine whether the adult is listed
561 in the registry as having a substantiated or supported finding of child abuse or neglect; and

562 (d) each person required to undergo a background check described in this Subsection
563 (3) passes the background check, pursuant to the provisions of Section 62A-2-120 .
564 Section 7. Section 78-3a-312 is amended to read:
565 78-3a-312. Permanency hearing -- Final plan -- Petition for termination of
566 parental rights filed -- Hearing on termination of parental rights.
567 (1) (a) When reunification services have been ordered in accordance with Section
568 78-3a-311 , with regard to a minor who is in the custody of the Division of Child and Family
569 Services, a permanency hearing shall be held by the court no later than 12 months after the
570 original removal of the minor.
571 (b) If reunification services were not ordered at the dispositional hearing, a permanency
572 hearing shall be held within 30 days from the date of the dispositional hearing.
573 (2) (a) If reunification services were ordered by the court in accordance with Section
574 78-3a-311 , the court shall, at the permanency hearing, determine, consistent with Subsection
575 (3), whether the minor may safely be returned to the custody of the minor's parent.
576 (b) If the court finds, by a preponderance of the evidence, that return of the minor
577 would create a substantial risk of detriment to the minor's physical or emotional well-being, the
578 minor may not be returned to the custody of the minor's parent.
579 (c) Prima facie evidence that return of the minor to a parent or guardian would create a
580 substantial risk of detriment to the minor is established if the parent or guardian fails to:
581 (i) participate in a court approved child and family plan;
582 (ii) comply with a court approved child and family plan in whole or in part; or
583 (iii) meet the goals of a court approved child and family plan.
584 (3) In making a determination under Subsection (2)(a), the court shall review and
585 consider:
586 (a) the report prepared by the Division of Child and Family Services;
587 (b) any admissible evidence offered by the minor's guardian ad litem;
588 (c) any report prepared by a foster care citizen review board pursuant to Section
589 78-3g-103 ;

590 (d) any evidence regarding the efforts or progress demonstrated by the parent; and
591 (e) the extent to which the parent cooperated and availed himself of the services
592 provided.
593 (4) (a) With regard to a case where reunification services were ordered by the court, if
594 a minor is not returned to the minor's parent or guardian at the permanency hearing, the court
595 shall:
596 (i) order termination of reunification services to the parent;
597 (ii) make a final determination regarding whether termination of parental rights,
598 adoption, or permanent custody and guardianship is the most appropriate final plan for the
599 minor, taking into account the minor's primary permanency goal established by the court
600 pursuant to Section 78-3a-311 ; and
601 (iii) establish a concurrent plan that identifies the second most appropriate final plan
602 for the minor.
603 (b) If the Division of Child and Family Services documents to the court that there is a
604 compelling reason that adoption, reunification, guardianship, and kinship placement are not in
605 the minor's best interest, the court may order another planned permanent living arrangement, in
606 accordance with federal law.
607 (c) If the minor clearly desires contact with the parent, the court shall take the minor's
608 desire into consideration in determining the final plan.
609 (d) Consistent with Subsection (4)(e), the court may not extend reunification services
610 beyond 12 months from the date the minor was initially removed from the minor's home, in
611 accordance with the provisions of Section 78-3a-311 , except that the court may extend
612 reunification services for no more than 90 days if the court finds that:
613 (i) there has been substantial compliance with the child and family plan;
614 (ii) reunification is probable within that 90-day period; and
615 (iii) the extension is in the best interest of the minor.
616 (e) (i) In no event may any reunification services extend beyond 15 months from the
617 date the minor was initially removed from the minor's home.

618 (ii) Delay or failure of a parent to establish paternity or seek custody does not provide a
619 basis for the court to extend services for that parent beyond that 12-month period.
620 (f) The court may, in its discretion:
621 (i) enter any additional order that it determines to be in the best interest of the minor,
622 so long as that order does not conflict with the requirements and provisions of Subsections
623 (4)(a) through (e); or
624 (ii) order the division to provide protective supervision or other services to a minor and
625 the minor's family after the division's custody of a minor has been terminated.
626 (5) If the final plan for the minor is to proceed toward termination of parental rights,
627 the petition for termination of parental rights shall be filed, and a pretrial held, within 45
628 calendar days after the permanency hearing.
629 (6) (a) Any party to an action may, at any time, petition the court for an expedited
630 permanency hearing on the basis that continuation of reunification efforts are inconsistent with
631 the permanency needs of the minor.
632 (b) If the court so determines, it shall order, in accordance with federal law, that:
633 (i) the minor be placed in accordance with the permanency plan; and
634 (ii) whatever steps are necessary to finalize the permanent placement of the minor be
635 completed as quickly as possible.
636 (7) Nothing in this section may be construed to:
637 (a) entitle any parent to reunification services for any specified period of time;
638 (b) limit a court's ability to terminate reunification services at any time prior to a
639 permanency hearing; or
640 (c) limit or prohibit the filing of a petition for termination of parental rights by any
641 party, or a hearing on termination of parental rights, at any time prior to a permanency hearing.
642 (8) (a) Subject to Subsection (8)(b), if a petition for termination of parental rights is
643 filed prior to the date scheduled for a permanency hearing, the court may consolidate the
644 hearing on termination of parental rights with the permanency hearing.
645 (b) For purposes of Subsection (8)(a), if the court consolidates the hearing on

646 termination of parental rights with the permanency hearing:
647 (i) the court shall first make a finding regarding whether reasonable efforts have been
648 made by the Division of Child and Family Services to finalize the permanency goal for the
649 minor; and
650 (ii) any reunification services shall be terminated in accordance with the time lines
651 described in Section 78-3a-311 .
652 (c) A decision on a petition for termination of parental rights shall be made within 18
653 months from the day on which the minor is removed from the minor's home.
654 (9) If a court determines that a child will not be returned to a parent of the child, the
655 court shall consider appropriate placement options inside and outside of the state.
656 Section 8. Section 78-3a-314 is amended to read:
657 78-3a-314. All proceedings -- Persons entitled to be present.
658 (1) A child who is the subject of a juvenile court hearing, any person entitled to notice
659 pursuant to Section 78-3a-306 or 78-3a-309 , preadoptive parents, foster parents, and any
660 relative providing care for the child, are:
661 (a) entitled to notice[,] of, and to be present at, each hearing and proceeding held under
662 this part, including administrative and citizen reviews[,]; and [are entitled to an opportunity to
663 be heard.]
664 [(2) Because the child's foster parents have the right to notice, pursuant to Section
665 78-3a-309 , they have the right to be present at each and every hearing held under this part
666 including administrative and citizen reviews, and are entitled to an opportunity to be heard.]
667 (b) have a right to be heard at each hearing and proceeding described in Subsection
668 (1)(a).
669 [(3)] (2) A child shall be represented at each hearing by the guardian ad litem
670 appointed to [his] the child's case by the court. The child has a right to be present at each
671 hearing, subject to the discretion of the guardian ad litem or the court regarding any possible
672 detriment to the child.
673 [(4)] (3) (a) The parent or guardian of a child who is the subject of a petition under this

674 part has the right to be represented by counsel, and to present evidence, at each hearing.
675 (b) When it appears to the court that a parent or guardian of the child desires counsel
676 but is financially unable to afford and cannot for that reason employ counsel, and the child has
677 been placed in out-of-home care, or the petitioner is recommending that the child be placed in
678 out-of-home care, the court shall appoint counsel.
679 [(5)] (4) In every abuse, neglect, or dependency proceeding under this chapter, the
680 court shall order that the child be represented by a guardian ad litem, in accordance with
681 Section 78-3a-912 . The guardian ad litem shall represent the best interest of the child, in
682 accordance with the requirements of that section, at the shelter hearing and at all subsequent
683 court and administrative proceedings, including any proceeding for termination of parental
684 rights in accordance with Part 4, Termination of Parental Rights Act.
685 [(6)] (5) Notwithstanding any other provision of law, counsel for all parties to the
686 action shall be given access to all records, maintained by the division or any other state or local
687 public agency, that are relevant to the abuse, neglect, or dependency proceeding under this
688 chapter. If the natural parent of a child is representing himself, [he] the natural parent shall
689 have access to those records. The above disclosures are not required in the following
690 circumstances:
691 (a) The division or other state or local public agency did not originally create the record
692 being requested. In those circumstances, the person making the request under this section shall
693 be informed of the following:
694 (i) the existence of all records in the possession of the division or any other state or
695 local public agency;
696 (ii) the name and address of the person or agency that originally created the record; and
697 (iii) that [he] the person must seek access to the record from the person or agency that
698 originally created the record.
699 (b) Disclosure of the record would jeopardize the life or physical safety of a child who
700 has been a victim of child abuse or neglect, or any person who provided substitute care for the
701 child.

702 (c) Disclosure of the record would jeopardize the anonymity of the person or persons
703 making the initial report of abuse or neglect or any others involved in the subsequent
704 investigation.
705 (d) Disclosure of the record would jeopardize the life or physical safety of a person
706 who has been a victim of domestic violence.
707 [(7)] (6) (a) The appropriate foster care citizen review board shall be given access to all
708 records, maintained by the division or any other state or local public agency, that are relevant to
709 an abuse, neglect, or dependency proceeding under this chapter.
710 (b) Representatives of the appropriate foster care citizen review board are entitled to be
711 present at each hearing held under this part, but notice is not required to be provided.
712 Section 9. Section 78-30-3.5 is amended to read:
713 78-30-3.5. Preplacement and postplacement adoptive evaluations -- Exceptions.
714 (1) (a) Except as otherwise provided in this section, a child may not be placed in an
715 adoptive home until a preplacement adoptive evaluation, assessing the prospective adoptive
716 parent and the prospective adoptive home, has been conducted in accordance with the
717 requirements of this section.
718 (b) [The] Except as provided in Subsection (8), the court may, at any time, authorize
719 temporary placement of a child in a potential adoptive home pending completion of a
720 preplacement adoptive evaluation described in this section.
721 (c) Subsection (1)(a) does not apply if a birth parent has legal custody of the child to be
722 adopted and the prospective adoptive parent is related to that child as a step-parent, sibling by
723 half or whole blood or by adoption, grandparent, aunt, uncle, or first cousin, unless the
724 evaluation is otherwise requested by the court. The prospective adoptive parent described in
725 this Subsection (1)(c) shall, however, obtain the information described in Subsections (2)(a)
726 and (b), and file that documentation with the court prior to finalization of the adoption.
727 (d) The required preplacement adoptive evaluation must be completed or updated
728 within the 12-month period immediately preceding the placement of a child with the
729 prospective adoptive parent. If the prospective adoptive parent has previously received custody

730 of a child for the purpose of adoption, the preplacement adoptive evaluation must be completed
731 or updated within the 12-month period immediately preceding the placement of a child with the
732 prospective adoptive parent and after the placement of the previous child with the prospective
733 adoptive parent.
734 (2) The preplacement adoptive evaluation shall include:
735 (a) criminal history record information regarding each prospective adoptive parent and
736 any other adult living in the prospective home, prepared by [the Criminal Investigations and
737 Technical Services Division of the Department of Public Safety, in accordance with Section
738 53-10-108 ] a law enforcement agency based on a fingerprint criminal history check, no earlier
739 than 18 months immediately preceding placement of the child;
740 (b) a report prepared by the Department of Human Services containing all information
741 regarding reports and investigation of child abuse, neglect, and dependency, with respect to
742 each prospective adoptive parent and any other adult living in the prospective home, obtained
743 no earlier than 18 months immediately preceding placement of the child, pursuant to waivers
744 executed by those parties;
745 (c) an evaluation conducted by an expert in family relations approved by the court or a
746 certified social worker, clinical social worker, marriage and family therapist, psychologist,
747 professional counselor, or other court-determined expert in family relations, who is licensed to
748 practice under the laws of this state or under the laws of the state where the prospective
749 adoptive parent or other person living in the prospective adoptive home resides. The
750 evaluation shall be in a form approved by the Department of Human Services. Neither the
751 Department of Human Services nor any of its divisions may proscribe who qualifies as an
752 expert in family relations or who may conduct evaluations pursuant to this Subsection (2); and
753 (d) if the child to be adopted is a child who is in the custody of any public child welfare
754 agency, and is a child with special needs as defined in Subsection 62A-4a-902 (2), the
755 preplacement evaluation must be conducted by the Department of Human Services or a
756 licensed child placing agency which has entered into a contract with the department to conduct
757 the preplacement evaluations for children with special needs. Any fee assessed by the

758 evaluating agency is the responsibility of the adopting parent or parents.
759 (3) The person or agency conducting the preplacement adoptive evaluation shall, in
760 connection with the evaluation, provide the prospective adoptive parent or parents with
761 literature approved by the Division of Child and Family Services relating to adoption, and
762 including information relating to the adoption process, developmental issues that may require
763 early intervention, and community resources that are available to the adoptive parent or parents.
764 (4) A copy of the preplacement adoptive evaluation shall be filed with the court.
765 (5) (a) Except as provided in Subsections (5)(b) and (c), a postplacement evaluation
766 shall be conducted and submitted to the court prior to the final hearing in an adoption
767 proceeding. The postplacement evaluation shall include:
768 (i) verification of the allegations of fact contained in the petition for adoption;
769 (ii) an evaluation of the progress of the child's placement in the adoptive home; and
770 (iii) a recommendation regarding whether the adoption is in the best interest of the
771 child.
772 (b) The exemptions from and requirements for evaluations, described in Subsections
773 (1)(c), (2)(c), and (3), also apply to postplacement adoptive evaluations.
774 (c) Upon the request of the petitioner, the court may waive the postplacement adoptive
775 evaluation, unless it determines that it is in the best interest of the child to require the
776 postplacement evaluation. Except where the child to be adopted and the prospective parent are
777 related as set forth in Subsection (1)(c), the court may waive the postplacement adoptive
778 evaluation for a child with special needs as defined in Section 62A-4a-902 .
779 (6) If the person or agency conducting the evaluation disapproves the adoptive
780 placement, either in the preplacement or postplacement adoptive evaluation, the court may
781 dismiss the petition. However, upon request of a prospective adoptive parent, the court shall
782 order that an additional preplacement or postplacement adoptive evaluation be conducted, and
783 hold a hearing on the suitability of the adoption, including testimony of interested parties.
784 (7) Prior to finalization of a petition for adoption the court shall review and consider
785 the information and recommendations contained in the preplacement and postplacement

786 adoptive studies required by this section.
787 (8) Notwithstanding any other provision of this section, except as otherwise permitted
788 by federal law or rule, a child who is in the legal custody of the state may not be placed with a
789 prospective foster parent or a prospective adoptive parent, unless, before the child is placed
790 with the prospective foster parent or the prospective adoptive parent:
791 (a) a fingerprint based FBI national criminal history records check is conducted on the
792 prospective foster parent or prospective adoptive parent and each adult living in the home of
793 the prospective foster parent or prospective adoptive parent;
794 (b) the Department of Human Services conducts a check of the child abuse and neglect
795 registry in each state where the prospective foster parent or prospective adoptive parent resided
796 in the five years immediately preceding the day on which the prospective foster parent or
797 prospective adoptive parent applied to be a foster parent or adoptive parent, to determine
798 whether the prospective foster parent or prospective adoptive parent is listed in the registry as
799 having a substantiated or supported finding of child abuse or neglect;
800 (c) the Department of Human Services conducts a check of the child abuse and neglect
801 registry of each state where each adult living in the home of the prospective foster parent or
802 prospective adoptive parent described in Subsection (8)(b) resided in the five years
803 immediately preceding the day on which the prospective foster parent or prospective adoptive
804 parent applied to be a foster parent or adoptive parent, to determine whether the adult is listed
805 in the registry as having a substantiated or supported finding of child abuse or neglect; and
806 (d) each person required to undergo a background check described in this Subsection
807 (8) passes the background check, pursuant to the provisions of Section 62A-2-120 .
808 Section 10. Section 78-30-3.6 is amended to read:
809 78-30-3.6. Prospective parent not a resident -- Preplacement requirements.
810 (1) When an adoption petition is to be finalized in this state with regard to any
811 prospective adoptive parent who is not a resident of this state at the time a child is placed in
812 that person's home, the potential adoptive parent shall:
813 (a) comply with the provisions of Section 78-30-3.5 ; and

814 (b) submit fingerprints for a Federal Bureau of Investigation national criminal history
815 record check.
816 (2) The fingerprints referenced in Subsection (1)(b) shall be submitted to the Federal
817 Bureau of Investigation either:
818 (a) through the Criminal Investigations and Technical Services Division of the
819 Department of Public Safety in accordance with the provisions of Section 62A-2-120 ; or
820 (b) if the prospective adoptive parent is pursuing the adoption with a private attorney,
821 the request shall be submitted to the Federal Bureau of Investigation as a personal records
822 check, in accordance with procedures established by the Criminal Investigations and Technical
823 Services Division of the Department of Public Safety.
824 (3) In addition to the other requirements of this section, before a child in state custody
825 is placed with a prospective foster parent or a prospective adoptive parent, the Department of
826 Human Services shall comply with Subsections 78-30-3.5 (8)(a) through (d).