H.B. 59 Enrolled

ADOPTION AMENDMENTS
1998 GENERAL SESSION
STATE OF UTAH
Sponsor: Nora B. Stephens
AN ACT RELATING TO ADOPTION; APPLYING ADOPTIVE EVALUATIONS TO OTHER
ADULTS LIVING IN THE PROSPECTIVE ADOPTIVE HOME; DEFINING THE TYPES
OF PROFESSIONALS WHO MAY CONDUCT ADOPTIVE STUDIES; PROVIDING THAT
THE COURT SHOULD DETERMINE WHO IS OTHERWISE QUALIFIED TO CONDUCT
AN EVALUATION; AMENDING POSTPLACEMENT EVALUATION PROCEDURES;
AND PROVIDING AN EFFECTIVE DATE.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
78-30-3.5, as last amended by Chapter 318, Laws of Utah 1996
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 78-30-3.5 is amended to read:
78-30-3.5. Preplacement and postplacement adoptive evaluations -- Exceptions.
(1) (a) [A] Except as otherwise provided in this section, a child may not be placed in an
adoptive home until a preplacement adoptive [study, evaluating the petitioner as a] evaluation,
assessing the prospective adoptive parent and the [petitioner's home as a] prospective adoptive
home, has been conducted in accordance with the requirements of this section.
(b) The court may, at any time, authorize temporary placement of a child in a potential
adoptive home pending completion of a preplacement adoptive [study in accordance with]
evaluation described in this section.
[(b)] (c) Subsection (a) does not apply if a birth parent has legal custody of the child to be
adopted and the [petitioner] prospective adoptive parent is related to that [birth parent] child as a
[spouse, parent,] 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 (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.
[(c)] (d) The requirements of Subsection (a) are satisfied by a previous preplacement
adoptive [homestudy] evaluation conducted within three years prior to placement of the child, or an
annual updated adoptive [study] evaluation conducted after that three-year period or within one year
after finalization of a previous adoption.
(2) [With regard to adoption proceedings in which a licensed child placing agency has not
placed the child, the] The preplacement adoptive [study] evaluation shall include:
(a) criminal history record information regarding each prospective adoptive parent and any
other adult living in the prospective home, received from the Law Enforcement and Technical
Services Division of the Department of Public Safety, in accordance with Subsection 53-5-214(1),
[regarding each petitioner] no earlier than 18 months immediately preceding placement of the child;
(b) a report from the Department of Human [Services' child abuse database] 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 [a waiver] waivers executed by [each petitioner] those parties; and
(c) [a homestudy] an evaluation conducted by an expert in family relations approved by the
court or a certified social worker [licensed under Title 58, Chapter 60, Part 2], 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. The evaluation shall be
in a form approved by the Department of Human Services[, and certified as having been received
by the Division of Child and Family Services, 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).
(3) (a) A copy of [each] the preplacement adoptive [study] evaluation shall be [submitted
to the Division of Child and Family Services. Through random screening, that department shall
assess the quality and competence of preplacement adoptive studies conducted] filed with the court.
(4) (a) [Prior] Except as provided in Subsections (b) and (c), a postplacement evaluation

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shall be conducted and submitted to the court prior to the final hearing in an adoption proceeding[,
a postplacement adoptive study shall be conducted and submitted to the court]. [(b) With regard to
adoption proceedings in which a licensed child placing agency has not placed the child, the
post-placement study shall be conducted by an expert in family relations approved by the court or
a certified social worker licensed under Title 58, Chapter 60, Part 2, and] The postplacement
evaluation shall include:
(i) verification of the allegations of fact contained in the petition for adoption[, attachments
to the petition, and in the report of expenditures required by Section 78-30-15.5];
(ii) an evaluation of the progress of the child's placement in the adoptive home; and
(iii) a recommendation regarding whether the adoption is in the best interest of the child.
(b) The exemptions from and requirements for evaluations, described in Subsections (1)(c),
(2)(c), and (3), also apply to postplacement adoptive evaluations.
(c) Upon the request of the petitioner, the court may waive the postplacement adoptive
evaluation, unless it determines that it is in the best interest of the child to require the postplacement
evaluation.
[(4)] (5) If the person or agency conducting the [study] evaluation disapproves the
[petitioner] adoptive placement, either in the preplacement or postplacement adoptive [study]
evaluation, the court may dismiss the petition. [Upon] However, upon request of [the petitioner] a
prospective adoptive parent, the court shall order that an additional preplacement or postplacement
adoptive [study] evaluation be conducted, and hold a hearing on the suitability of the adoption,
including testimony of interested parties.
[(5)] (6) Prior to finalization of a petition for adoption the court shall review and consider
the information and recommendations contained in the preplacement and postplacement adoptive
studies required by this section.
Section 2. Effective date.
This act takes effect on July 1, 1998.

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