78B-6-113. Prospective parent not a resident -- Preplacement requirements.
(1) When an adoption petition is to be finalized in this state with regard to any
prospective adoptive parent who is not a resident of this state at the time a child is placed in that
person's home, the potential adoptive parent shall:
(a) comply with the provisions of Sections 78B-6-128 and 78B-6-130; and
(b) (i) if the child is in state custody, submit fingerprints for a Federal Bureau of
Investigation national criminal history record check through the Criminal and Technical Services
Division of the Department of Public Safety in accordance with the provisions of Section
62A-2-120; or
(ii) subject to Subsection (2), if the child is not in state custody:
(A) submit fingerprints for a Federal Bureau of Investigation national criminal history
records check as a personal records check; or
(B) complete a criminal records check and child abuse database check for each state and,
if available, country, where the potential adoptive parent resided during the five years
immediately preceding the day on which the adoption petition is to be finalized.
(2) For purposes of Subsection (1)(b)(ii):
(a) if the adoption is being handled by a human services program, as defined in Section
62A-2-101:
(i) the criminal history check described in Subsection (1)(b)(ii)(A) shall be submitted in
accordance with procedures established by the Criminal Investigations and Technical Services
Division of the Department of Public Safety; and
(ii) subject to Subsection (3), the criminal history check described in Subsection
(1)(b)(ii)(B) shall be submitted in a manner acceptable to the court that will:
(A) preserve the chain of custody of the results; and
(B) not permit tampering with the results by a prospective adoptive parent or other
interested party; and
(b) if the adoption is being handled by a private attorney, and not a human services
program, the criminal history checks described in Subsection (1)(b)(ii), shall be:
(i) submitted in accordance with procedures established by the Criminal Investigations
and Technical Services Division of the Department of Public Safety; or
(ii) subject to Subsection (3), submitted in a manner acceptable to the court that will:
(A) preserve the chain of custody of the results; and
(B) not permit tampering with the results by a prospective adoptive parent or other
interested party.
(3) In order to comply with Subsection (2)(a)(ii) or (b)(ii), the manner in which the
criminal history check is submitted shall be approved by the court.
(4) Except as provided in Subsection 78B-6-131(2), in addition to the other requirements
of this section, before a child in state custody is placed with a prospective foster parent or a
prospective adoptive parent, the Department of Human Services shall comply with Section
78B-6-131.
Renumbered and Amended by Chapter 3, 2008 General Session
Amended by Chapter 17, 2008 General Session
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Last revised: Thursday, May 28, 2009