78B-6-128. Preplacement adoptive evaluations -- Exceptions.
(1) (a) Except as otherwise provided in this section, a child may not be placed in an
adoptive home until a preplacement adoptive evaluation, assessing the prospective adoptive
parent and the prospective adoptive home, has been conducted in accordance with the
requirements of this section.
(b) Except as provided in Section 78B-6-131, the court may, at any time, authorize
temporary placement of a child in a potential adoptive home pending completion of a
preplacement adoptive evaluation described in this section.
(c) Subsection (1)(a) does not apply if a birth parent has legal custody of the child to be
adopted and the prospective adoptive parent is related to that child as a step-parent, sibling by
half or whole blood or by adoption, grandparent, aunt, uncle, or first cousin, unless the evaluation
is otherwise requested by the court. The prospective adoptive parent described in this Subsection
(1)(c) shall, however, obtain the information described in Subsections (2)(a) and (b), and file that
documentation with the court prior to finalization of the adoption.
(d) The required preplacement adoptive evaluation must be completed or updated within
the 12-month period immediately preceding the placement of a child with the prospective
adoptive parent. If the prospective adoptive parent has previously received custody of a child for
the purpose of adoption, the preplacement adoptive evaluation must be completed or updated
within the 12-month period immediately preceding the placement of a child with the prospective
adoptive parent and after the placement of the previous child with the prospective adoptive
parent.
(2) The preplacement adoptive evaluation shall include:
(a) criminal history record information regarding each prospective adoptive parent and
any other adult living in the prospective home, prepared by a law enforcement agency based on a
fingerprint criminal history check, no earlier than 18 months immediately preceding placement of
the child;
(b) a report prepared by the Department of Human Services containing all information
regarding reports and investigation of child abuse, neglect, and dependency, with respect to each
prospective adoptive parent and any other adult living in the prospective home, obtained no
earlier than 18 months immediately preceding placement of the child, pursuant to waivers
executed by those parties;
(c) an evaluation conducted by an expert in family relations approved by the court or a
certified social worker, clinical social worker, marriage and family therapist, psychologist,
professional counselor, or other court-determined expert in family relations, who is licensed to
practice under the laws of this state or under the laws of the state where the prospective adoptive
parent or other person living in the prospective adoptive home resides. The evaluation shall be in
a form approved by the Department of Human Services. Neither the Department of Human
Services nor any of its divisions may proscribe who qualifies as an expert in family relations or
who may conduct evaluations pursuant to this Subsection (2); and
(d) if the child to be adopted is a child who is in the custody of any public child welfare
agency, and is a child who has a special need as defined in Section 62A-4a-902, the preplacement
evaluation must be conducted by the Department of Human Services or a child-placing agency
which has entered into a contract with the department to conduct the preplacement evaluations
for children with special needs. Any fee assessed by the evaluating agency is the responsibility
of the adopting parent or parents.
(3) The person or agency conducting the preplacement adoptive evaluation shall, in
connection with the evaluation, provide the prospective adoptive parent or parents with literature
approved by the Division of Child and Family Services relating to adoption, and including
information relating to the adoption process, developmental issues that may require early
intervention, and community resources that are available to the adoptive parent or parents.
(4) A copy of the preplacement adoptive evaluation shall be filed with the court.
Enacted by Chapter 3, 2008 General Session
Amended by Chapter 137, 2008 General Session
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Last revised: Thursday, May 28, 2009