78B-6-135. Division of Child and Family Services -- Duties -- Report -- Fee.
(1) At the request of the court, the division, through its field agents, persons licensed by
the division for the care and placement of children, or through the probation officer of the
juvenile court or court of like jurisdiction of the county, under the division's supervision, shall:
(a) verify the allegations of the petition for adoption of a minor child;
(b) make a thorough investigation of the matter; and
(c) report the division's findings in writing to the court.
(2) (a) When the court requests an investigation under Subsection (1), the court shall
serve a copy of the petition, together with a statement containing the names and addresses of the
child and petitioners, on the division by certified mail.
(b) The division, or the person appointed by the division, shall complete the investigation
described in Subsection (2)(a) and submit a written report to the court within 60 days after the
day that the petition is served on the division.
(3) (a) The division shall charge the petitioner a reasonable fee for the services provided
under this section.
(b) Fees collected shall be deposited in the General Fund.
(4) The written report submitted to the court under this section shall state:
(a) why the birth parents, if living, desire to be released from the care, support, and
guardianship of the child;
(b) whether the birth parents have abandoned the child or are morally unfit for custody;
(c) whether the proposed adoptive parent or parents are financially able and morally fit to
have the care, supervision, and training of the child;
(d) the physical and mental condition of the child, so far as that may be determined; and
(e) any other facts and circumstances pertaining to the child and the child's welfare.
(5) (a) The court shall conduct a full hearing on the petition for adoption and examine the
parties in interest under oath.
(b) The court may adjourn the hearing from time to time as the nature of the case
requires.
(6) If the report submitted by the division under Subsection (2) disapproves of the
adoption of the child by the petitioner, the court may dismiss the petition.
(7) (a) Except as provided in Subsection (7)(b), a final decree of adoption may not be
entered until the child has lived in the home of the adoptive parent or parents for six months,
unless, based on a finding of good cause, the court orders that the final decree of adoption may be
entered at an earlier time.
(b) If the adoptive parent is the spouse of the birth parent, a final decree of adoption may
not be entered until the child has lived in the home of that adoptive parent for one year, unless,
based on a finding of good cause, the court orders that the final decree of adoption may be
entered at an earlier time.
(c) In the event the child dies during the time that the child is placed in the home of an
adoptive parent or parents for the purpose of adoption, the court has authority to enter a final
decree of adoption after the child's death upon the request of the adoptive parents.
(d) The court may enter a final decree of adoption declaring that a child is adopted by
both a deceased and a surviving adoptive parent if, after the child is placed in the home of the
child's adoptive parents:
(i) one of the adoptive parents dies;
(ii) the surviving adoptive parent requests that the court enter the decree; and
(iii) the decree is entered after the child has lived in the home of the surviving adoptive
parent for at least six months.
(e) Upon request of a surviving birth parent, or a surviving parent for whom adoption of
a child has been finalized, the court may enter a final decree of adoption declaring that a child is
adopted by a deceased adoptive parent who was the spouse of the surviving parent at the time of
the adoptive parent's death.
(f) The court may enter a final decree of adoption declaring that a child is adopted by
both deceased adoptive parents if:
(i) both of the adoptive parents die after the child is placed in the adoptive parent's home;
and
(ii) it is in the best interests of the child to enter the decree.
(8) Nothing in this section shall be construed to grant any rights to the birth parents of a
child to assert any interest in the child during the six-month or one-year periods described in this
section.
Renumbered and Amended by Chapter 3, 2008 General Session
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Last revised: Thursday, May 28, 2009