This document includes House Committee Amendments incorporated into the bill on Wed, Mar 9, 2016 at 2:49 PM by cynthiahopkin.
1     
ADOPTIVE AND FOSTER PARENTS AMENDMENTS

2     
2016 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Angela Romero

5     
Senate Sponsor: Stephen H. Urquhart

6     

7     LONG TITLE
8     General Description:
9          This bill makes terminology changes throughout the adoption and foster parent statutes.
10     Highlighted Provisions:
11          This bill:
12          ▸     changes "man and woman" to "couple" or "spouse" within the adoption and foster
13     parent statutes.
14     Money Appropriated in this Bill:
15          None
16     Other Special Clauses:
17          None
18     Utah Code Sections Affected:
19     AMENDS:
20     Ĥ→ [
     62A-4a-120, as last amended by Laws of Utah 2008, Chapter 382
21          62A-4a-205.5, as last amended by Laws of Utah 2010, Chapter 237
] ←Ĥ

22          62A-4a-602, as last amended by Laws of Utah 2008, Chapter 3
23          78A-6-307, as last amended by Laws of Utah 2015, Chapter 142
24          78B-6-114, as renumbered and amended by Laws of Utah 2008, Chapter 3
25          78B-6-117, as enacted by Laws of Utah 2008, Chapter 3
26     

27     Be it enacted by the Legislature of the state of Utah:

28          Ĥ→ [
Section 1. Section 62A-4a-120 is amended to read:
29          62A-4a-120. Accommodation of moral and religious beliefs and culture.
30          (1) The division shall adopt rules in accordance with Title 63G, Chapter 3, Utah
31     Administrative Rulemaking Act, and establish procedures to accommodate the moral and
32     religious beliefs, sexual orientation, and culture[,] of the minors and families it serves,
33     including:
34          (a) the immediate family and other relatives of a minor in any type of custody or
35     otherwise under the jurisdiction of the court;
36          (b) foster and other out-of-home placement families; and
37          (c) adoptive families.
38          (2) The accommodation under Subsection (1) applies to placements, treatment plans,
39     services, and other activities of the division.
40          Section 2.
Section 62A-4a-205.5 is amended to read:
41          62A-4a-205.5. Prohibition of discrimination based on race, color, or ethnicity.
42          (1) As used in this section, "adoptable children" means children:
43          (a) who are in the custody of the division; and
44          (b) (i) who have permanency goals of adoption; or
45          (ii) for whom a final plan for pursuing termination of parental rights has been approved
46     in accordance with Section 78A-6-314.
47          (2) Except as required under the Indian Child Welfare Act, 25 U.S.C. Secs. 1901-1963,
48     the division may not base its decision for placement of adoptable children on the race, color,
49     ethnicity, sexual orientation, or national origin of either the child or the prospective adoptive
50     parents.
51          (3) The basis of a decision for placement of an adoptable child shall be the best interest
52     of the child.
] ←Ĥ
53          Section 3. Section 62A-4a-602 is amended to read:
54          62A-4a-602. Licensure requirements -- Prohibited acts.
55          (1) No person, agency, firm, corporation, association, or group children's home may
56     engage in child placing, or solicit money or other assistance for child placing, without a valid
57     license issued by the Office of Licensing, in accordance with Chapter 2, Licensure of Programs
58     and Facilities. When a child placing agency's license is suspended or revoked in accordance

59     with that chapter, the care, control, or custody of any child who has been in the care, control, or
60     custody of that agency shall be transferred to the division.
61          (2) (a) An attorney, physician, or other person may assist a parent in identifying or
62     locating a person interested in adopting the parent's child, or in identifying or locating a child to
63     be adopted. However, no payment, charge, fee, reimbursement of expense, or exchange of
64     value of any kind, or promise or agreement to make the same, may be made for that assistance.
65          (b) An attorney, physician, or other person may not:
66          (i) issue or cause to be issued to any person a card, sign, or device indicating that he is
67     available to provide that assistance;
68          (ii) cause, permit, or allow any sign or marking indicating that he is available to
69     provide that assistance, on or in any building or structure;
70          (iii) announce or cause, permit, or allow an announcement indicating that he is
71     available to provide that assistance, to appear in any newspaper, magazine, directory, or on
72     radio or television; or
73          (iv) advertise by any other means that he is available to provide that assistance.
74          (3) Nothing in this part precludes payment of fees for medical, legal, or other lawful
75     services rendered in connection with the care of a mother, delivery and care of a child, or
76     lawful adoption proceedings; and no provision of this part abrogates the right of procedures for
77     independent adoption as provided by law.
78          (4) In accordance with federal law, only agents or employees of the division and of
79     licensed child placing agencies may certify to the United States Immigration and Naturalization
80     Service that a family meets the division's preadoption requirements.
81          (5) (a) Beginning May 1, 2000, neither a licensed child placing agency nor any attorney
82     practicing in this state may place a child for adoption, either temporarily or permanently, with
83     any individual or individuals that would not be qualified for adoptive placement pursuant to the
84     provisions of Sections 78B-6-117, 78B-6-102, and 78B-6-137.
85          (b) Beginning May 1, 2000, the division, as a licensed child placing agency, may not
86     place a child in foster care with any individual or individuals that would not be qualified for
87     adoptive placement pursuant to the provisions of Sections 78B-6-117, 78B-6-102, and
88     78B-6-137. However, nothing in this Subsection (5)(b) limits the placement of a child in foster
89     care with the child's biological or adoptive parent.

90          (c) Beginning May 1, 2000, with regard to children who are in the custody of the state,
91     the division shall establish a policy providing that priority for foster care and adoptive
92     placement shall be provided to families in which [both a man and a woman are] the prospective
93     parents are legally married under the laws of this state. However, nothing in this Subsection
94     (5)(c) limits the placement of a child with the child's biological or adoptive parent.
95          Section 4. Section 78A-6-307 is amended to read:
96          78A-6-307. Shelter hearing -- Placement -- DCFS custody.
97          (1) As used in this section:
98          (a) "Friend" means an adult the child knows and is comfortable with.
99          (b) (i) "Natural parent," notwithstanding the provisions of Section 78A-6-105, means:
100          (A) a biological or adoptive mother;
101          (B) an adoptive father; or
102          (C) a biological father who:
103          (I) was married to the child's biological mother at the time the child was conceived or
104     born; or
105          (II) has strictly complied with the provisions of Sections 78B-6-120 through
106     78B-6-122, prior to removal of the child or voluntary surrender of the child by the custodial
107     parent.
108          (ii) The definition of "natural parent" described in Subsection (1)(b)(i) applies
109     regardless of whether the child has been or will be placed with adoptive parents or whether
110     adoption has been or will be considered as a long-term goal for the child.
111          (c) "Relative" means:
112          (i) an adult who is a grandparent, great grandparent, aunt, great aunt, uncle, great uncle,
113     brother-in-law, sister-in-law, stepparent, first cousin, stepsibling, sibling of a child, or a first
114     cousin of the child's parent;
115          (ii) an adult who is an adoptive parent of the child's sibling; or
116          (iii) in the case of a child defined as an "Indian" under the Indian Child Welfare Act, 25
117     U.S.C. Sec. 1903, "relative" also means an "extended family member" as defined by that
118     statute.
119          (2) (a) At the shelter hearing, when the court orders that a child be removed from the
120     custody of the child's parent in accordance with the requirements of Section 78A-6-306, the

121     court shall first determine whether there is another natural parent with whom the child was not
122     residing at the time the events or conditions that brought the child within the court's jurisdiction
123     occurred, who desires to assume custody of the child.
124          (b) If another natural parent requests custody under Subsection (2)(a), the court shall
125     place the child with that parent unless it finds that the placement would be unsafe or otherwise
126     detrimental to the child.
127          (c) The provisions of this Subsection (2) are limited by the provisions of Subsection
128     (18)(b).
129          (d) (i) The court shall make a specific finding regarding the fitness of the parent
130     described in Subsection (2)(b) to assume custody, and the safety and appropriateness of the
131     placement.
132          (ii) The court shall, at a minimum, order the division to visit the parent's home, comply
133     with the criminal background check provisions described in Section 78A-6-308, and check the
134     division's management information system for any previous reports of abuse or neglect
135     received by the division regarding the parent at issue.
136          (iii) The court may order the division to conduct any further investigation regarding the
137     safety and appropriateness of the placement.
138          (iv) The division shall report its findings in writing to the court.
139          (v) The court may place the child in the temporary custody of the division, pending its
140     determination regarding that placement.
141          (3) If the court orders placement with a parent under Subsection (2):
142          (a) the child and the parent are under the continuing jurisdiction of the court;
143          (b) the court may order:
144          (i) that the parent assume custody subject to the supervision of the court; and
145          (ii) that services be provided to the parent from whose custody the child was removed,
146     the parent who has assumed custody, or both; and
147          (c) the court shall order reasonable parent-time with the parent from whose custody the
148     child was removed, unless parent-time is not in the best interest of the child.
149          (4) The court shall periodically review an order described in Subsection (3) to
150     determine whether:
151          (a) placement with the parent continues to be in the child's best interest;

152          (b) the child should be returned to the original custodial parent;
153          (c) the child should be placed in the custody of a relative, pursuant to Subsections (7)
154     through (12); or
155          (d) the child should be placed in the custody of the division.
156          (5) The time limitations described in Section 78A-6-312 with regard to reunification
157     efforts, apply to children placed with a previously noncustodial parent in accordance with
158     Subsection (2).
159          (6) Legal custody of the child is not affected by an order entered under Subsection (2)
160     or (3). In order to affect a previous court order regarding legal custody, the party must petition
161     that court for modification of the order.
162          (7) If, at the time of the shelter hearing, a child is removed from the custody of the
163     child's parent and is not placed in the custody of the child's other parent, the court:
164          (a) shall, at that time, determine whether, subject to Subsections (18)(c) through (e),
165     there is a relative of the child or a friend of a parent of the child who is able and willing to care
166     for the child;
167          (b) may order the division to conduct a reasonable search to determine whether, subject
168     to Subsections (18)(c) through (e), there are relatives of the child or friends of a parent of the
169     child who are willing and appropriate, in accordance with the requirements of this part and
170     Title 62A, Chapter 4a, Part 2, Child Welfare Services, for placement of the child;
171          (c) shall order the parents to cooperate with the division, within five working days, to,
172     subject to Subsections (18)(c) through (e), provide information regarding relatives of the child
173     or friends who may be able and willing to care for the child; and
174          (d) may order that the child be placed in the custody of the division pending the
175     determination under Subsection (7)(a).
176          (8) This section may not be construed as a guarantee that an identified relative or friend
177     will receive custody of the child.
178          (9) Subject to Subsections (18)(c) through (e), preferential consideration shall be given
179     to a relative's or a friend's request for placement of the child, if it is in the best interest of the
180     child, and the provisions of this section are satisfied.
181          (10) (a) If a willing relative or friend is identified under Subsection (7)(a), the court
182     shall make a specific finding regarding:

183          (i) the fitness of that relative or friend as a placement for the child; and
184          (ii) the safety and appropriateness of placement with that relative or friend.
185          (b) In order to be considered a "willing relative or friend" under this section, the
186     relative or friend shall be willing to cooperate with the child's permanency goal.
187          (11) (a) In making the finding described in Subsection (10)(a), the court shall, at a
188     minimum, order the division to:
189          (i) if the child may be placed with a relative of the child, conduct a background check
190     that includes:
191          (A) completion of a nonfingerprint-based, Utah Bureau of Criminal Identification
192     background check of the relative;
193          (B) a completed search, relating to the relative, of the Management Information System
194     described in Section 62A-4a-1003; and
195          (C) a background check that complies with the criminal background check provisions
196     described in Section 78A-6-308, of each nonrelative, as defined in Subsection
197     62A-4a-209(1)(b), of the child who resides in the household where the child may be placed;
198          (ii) if the child will be placed with a noncustodial parent of the child, complete a
199     background check that includes:
200          (A) the background check requirements applicable to an emergency placement with a
201     noncustodial parent that are described in Subsections 62A-4a-209(5) and (7);
202          (B) a completed search, relating to the noncustodial parent of the child, of the
203     Management Information System described in Section 62A-4a-1003; and
204          (C) a background check that complies with the criminal background check provisions
205     described in Section 78A-6-308, of each nonrelative, as defined in Subsection
206     62A-4a-209(1)(b), of the child who resides in the household where the child may be placed;
207          (iii) if the child may be placed with an individual other than a noncustodial parent or a
208     relative of the child, conduct a criminal background check of the individual, and each adult that
209     resides in the household where the child may be placed, that complies with the criminal
210     background check provisions described in Section 78A-6-308;
211          (iv) visit the relative's or friend's home;
212          (v) check the division's management information system for any previous reports of
213     abuse or neglect regarding the relative or friend at issue;

214          (vi) report the division's findings in writing to the court; and
215          (vii) provide sufficient information so that the court may determine whether:
216          (A) the relative or friend has any history of abusive or neglectful behavior toward other
217     children that may indicate or present a danger to this child;
218          (B) the child is comfortable with the relative or friend;
219          (C) the relative or friend recognizes the parent's history of abuse and is committed to
220     protect the child;
221          (D) the relative or friend is strong enough to resist inappropriate requests by the parent
222     for access to the child, in accordance with court orders;
223          (E) the relative or friend is committed to caring for the child as long as necessary; and
224          (F) the relative or friend can provide a secure and stable environment for the child.
225          (b) The division may determine to conduct, or the court may order the division to
226     conduct, any further investigation regarding the safety and appropriateness of the placement.
227          (c) The division shall complete and file its assessment regarding placement with a
228     relative or friend as soon as practicable, in an effort to facilitate placement of the child with a
229     relative or friend.
230          (12) (a) The court may place a child described in Subsection (2)(a) in the temporary
231     custody of the division, pending the division's investigation pursuant to Subsections (10) and
232     (11), and the court's determination regarding the appropriateness of that placement.
233          (b) The court shall ultimately base its determination regarding the appropriateness of a
234     placement with a relative or friend on the best interest of the child.
235          (13) When the court awards custody and guardianship of a child with a relative or
236     friend:
237          (a) the court shall order that:
238          (i) the relative or friend assume custody, subject to the continuing supervision of the
239     court; and
240          (ii) any necessary services be provided to the child and the relative or friend;
241          (b) the child and any relative or friend with whom the child is placed are under the
242     continuing jurisdiction of the court;
243          (c) the court may enter any order that it considers necessary for the protection and best
244     interest of the child;

245          (d) the court shall provide for reasonable parent-time with the parent or parents from
246     whose custody the child was removed, unless parent-time is not in the best interest of the child;
247     and
248          (e) the court shall conduct a periodic review no less often than every six months, to
249     determine whether:
250          (i) placement with the relative or friend continues to be in the child's best interest;
251          (ii) the child should be returned home; or
252          (iii) the child should be placed in the custody of the division.
253          (14) No later than 12 months after placement with a relative or friend, the court shall
254     schedule a hearing for the purpose of entering a permanent order in accordance with the best
255     interest of the child.
256          (15) The time limitations described in Section 78A-6-312, with regard to reunification
257     efforts, apply to children placed with a relative or friend pursuant to Subsection (7).
258          (16) (a) If the court awards custody of a child to the division, and the division places
259     the child with a relative, the division shall:
260          (i) conduct a criminal background check of the relative that complies with the criminal
261     background check provisions described in Section 78A-6-308; and
262          (ii) if the results of the criminal background check described in Subsection (16)(a)(i)
263     would prohibit the relative from having direct access to the child under Section 62A-2-120, the
264     division shall:
265          (A) take the child into physical custody; and
266          (B) within three days, excluding weekends and holidays, after taking the child into
267     physical custody under Subsection (16)(a)(ii)(A), give written notice to the court, and all
268     parties to the proceedings, of the division's action.
269          (b) Nothing in Subsection (16)(a) prohibits the division from placing a child with a
270     relative, pending the results of the background check described in Subsection (16)(a) on the
271     relative.
272          (17) When the court orders that a child be removed from the custody of the child's
273     parent and does not award custody and guardianship to another parent, relative, or friend under
274     this section, the court shall order that the child be placed in the temporary custody of the
275     Division of Child and Family Services, to proceed to adjudication and disposition and to be

276     provided with care and services in accordance with this chapter and Title 62A, Chapter 4a,
277     Child and Family Services.
278          (18) (a) Any preferential consideration that a relative or friend is initially granted
279     pursuant to Subsection (9) expires 120 days from the date of the shelter hearing. After that
280     time period has expired, a relative or friend who has not obtained custody or asserted an
281     interest in a child, may not be granted preferential consideration by the division or the court.
282          (b) When the time period described in Subsection (18)(a) has expired, the preferential
283     consideration, which is initially granted to a natural parent in accordance with Subsection (2),
284     is limited. After that time the court shall base its custody decision on the best interest of the
285     child.
286          (c) Prior to the expiration of the 120-day period described in Subsection (18)(a), the
287     following order of preference shall be applied when determining the person with whom a child
288     will be placed, provided that the person is willing, and has the ability, to care for the child:
289          (i) a noncustodial parent of the child;
290          (ii) a relative of the child;
291          (iii) subject to Subsection (18)(d), a friend of a parent of the child, if the friend is a
292     licensed foster parent; and
293          (iv) other placements that are consistent with the requirements of law.
294          (d) In determining whether a friend is a willing and appropriate placement for a child,
295     neither the court, nor the division, is required to consider more than one friend designated by
296     each parent of the child.
297          (e) If a parent of the child is not able to designate a friend who is a licensed foster
298     parent for placement of the child, but is able to identify a friend who is willing to become
299     licensed as a foster parent:
300          (i) the department shall fully cooperate to expedite the licensing process for the friend;
301     and
302          (ii) if the friend becomes licensed as a foster parent within the time frame described in
303     Subsection (18)(a), the court shall determine whether it is in the best interests of the child to
304     place the child with the friend.
305          (19) If, following the shelter hearing, the child is placed with a person who is not a
306     parent of the child, a relative of the child, a friend of a parent of the child, or a former foster

307     parent of the child, priority shall be given to a foster placement with a [man and a woman who
308     are married to each other] legally married couple, unless it is in the best interests of the child to
309     place the child with a single foster parent.
310          (20) In determining the placement of a child, neither the court, nor the division, may
311     take into account, or discriminate against, the religion of a person with whom the child may be
312     placed, unless the purpose of taking religion into account is to place the child with a person or
313     family of the same religion as the child.
314          Section 5. Section 78B-6-114 is amended to read:
315          78B-6-114. Adoption by married persons -- Consent.
316          [(1)] A married [man] person who is not lawfully separated from his [wife] or her
317     spouse may not adopt a child without the consent of his [wife] or her spouse, if his [wife] or
318     her spouse is capable of giving consent.
319          [(2) A married woman who is not lawfully separated from her husband may not adopt a
320     child without his consent, if he is capable of giving his consent.]
321          Section 6. Section 78B-6-117 is amended to read:
322          78B-6-117. Who may adopt -- Adoption of minor.
323          (1) A minor child may be adopted by an adult person, in accordance with the
324     provisions and requirements of this section and this part.
325          (2) A child may be adopted by:
326          (a) adults who are legally married to each other in accordance with the laws of this
327     state, including adoption by a stepparent; or
328          (b) subject to Subsection (4), any single adult, except as provided in Subsection (3).
329          (3) A child may not be adopted by a person who is cohabiting in a relationship that is
330     not a legally valid and binding marriage under the laws of this state.
331          (4) In order to provide a child who is in the custody of the division with the most
332     beneficial family structure, when a child in the custody of the division is placed for adoption,
333     the division or child-placing agency shall place the child with a [man and a woman who are]
334     legally married [to each other] couple, unless:
335          (a) there are no qualified married couples who:
336          (i) have applied to adopt a child;
337          (ii) are willing to adopt the child; and

338          (iii) are an appropriate placement for the child;
339          (b) the child is placed with a relative of the child;
340          (c) the child is placed with a person who has already developed a substantial
341     relationship with the child;
342          (d) the child is placed with a person who:
343          (i) is selected by a parent or former parent of the child, if the parent or former parent
344     consented to the adoption of the child; and
345          (ii) the parent or former parent described in Subsection (4)(d)(i):
346          (A) knew the person with whom the child is placed before the parent consented to the
347     adoption; or
348          (B) became aware of the person with whom the child is placed through a source other
349     than the division or the child-placing agency that assists with the adoption of the child; or
350          (e) it is in the best interests of the child to place the child with a single person.






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