First Substitute H.B. 59

Representative Nora B. Stephens proposes to substitute the following bill:

1 ADOPTION AMENDMENTS
2 1998 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Nora B. Stephens
5 AN ACT RELATING TO ADOPTION; APPLYING ADOPTIVE EVALUATIONS TO OTHER
6 ADULTS LIVING IN THE PROSPECTIVE ADOPTIVE HOME; DEFINING THE TYPES
7 OF PROFESSIONALS WHO MAY CONDUCT ADOPTIVE STUDIES; PROVIDING THAT
8 THE COURT SHOULD DETERMINE WHO IS OTHERWISE QUALIFIED TO CONDUCT
9 AN EVALUATION; AMENDING POSTPLACEMENT EVALUATION PROCEDURES;
10 AND PROVIDING AN EFFECTIVE DATE.
11 This act affects sections of Utah Code Annotated 1953 as follows:
12 AMENDS:
13 78-30-3.5, as last amended by Chapter 318, Laws of Utah 1996
14 Be it enacted by the Legislature of the state of Utah:
15 Section 1. Section 78-30-3.5 is amended to read:
16 78-30-3.5. Preplacement and postplacement adoptive evaluations -- Exceptions.
17 (1) (a) [A] Except as otherwise provided in this section, a child may not be placed in an
18 adoptive home until a preplacement adoptive [study, evaluating the petitioner as a] evaluation,
19 assessing the prospective adoptive parent and the [petitioner's home as a] prospective adoptive
20 home, has been conducted in accordance with the requirements of this section.
21 (b) The court may, at any time, authorize temporary placement of a child in a potential
22 adoptive home pending completion of a preplacement adoptive [study in accordance with]
23 evaluation described in this section.
24 [(b)] (c) Subsection (a) does not apply if a birth parent has legal custody of the child to be
25 adopted and the [petitioner] prospective adoptive parent is related to that [birth parent] child as a

1 [spouse, parent,] step-parent, sibling by half or whole blood or by adoption, grandparent, aunt,
2 uncle, or first cousin, unless the evaluation is otherwise requested by the court. The prospective
3 adoptive parent described in this Subsection (c) shall, however, obtain the information described
4 in Subsections (2)(a) and (b), and file that documentation with the court prior to finalization of the
5 adoption.
6 [(c)] (d) The requirements of Subsection (a) are satisfied by a previous preplacement
7 adoptive [homestudy] evaluation conducted within three years prior to placement of the child, or
8 an annual updated adoptive [study] evaluation conducted after that three-year period or within one
9 year after finalization of a previous adoption.
10 (2) [With regard to adoption proceedings in which a licensed child placing agency has not
11 placed the child, the] The preplacement adoptive [study] evaluation shall include:
12 (a) criminal history record information regarding each prospective adoptive parent and any
13 other adult living in the prospective home, received from the Law Enforcement and Technical
14 Services Division of the Department of Public Safety, in accordance with Subsection 53-5-214(1),
15 [regarding each petitioner] no earlier than 12 months immediately preceding placement of the
16 child;
17 (b) a report from the Department of Human [Services' child abuse database] Services
18 containing all information regarding reports and investigation of child abuse, neglect, and
19 dependency, with respect to each prospective adoptive parent and any other adult living in the
20 prospective home, obtained no earlier than 12 months immediately preceding placement of the
21 child, pursuant to [a waiver] waivers executed by [each petitioner] those parties; and
22 (c) [a homestudy] an evaluation conducted by [an expert in family relations approved by
23 the court or] a certified social worker [licensed under Title 58, Chapter 60, Part 2], clinical social
24 worker, marriage and family therapist, psychologist, professional counselor, or other
25 court-determined expert in family relations, who is licensed to practice under the laws of this state.
26 The evaluation shall be in a form approved by the Department of Human Services[, and certified
27 as having been received by the Division of Child and Family Services, Department of Human
28 Services]. Neither the Department of Human Services nor any of its divisions may proscribe who
29 qualifies as an expert in family relations or who may conduct evaluations pursuant to this
30 Subsection (2).
31 (3) (a) A copy of [each] the preplacement adoptive [study] evaluation shall be [submitted

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1 to] filed with the court and with the Division of Child and Family Services within the Department
2 of Human Services. [Through random screening, that]
3 (b) The department shall assess the quality and competence of preplacement adoptive
4 [studies conducted] evaluations.
5 (4) (a) [Prior] Except as provided in Subsection (b), a postplacement evaluation shall be
6 conducted and submitted to the court prior to the final hearing in an adoption proceeding[, a
7 postplacement adoptive study shall be conducted and submitted to the court]. [(b) With regard to
8 adoption proceedings in which a licensed child placing agency has not placed the child, the
9 post-placement study shall be conducted by an expert in family relations approved by the court or
10 a certified social worker licensed under Title 58, Chapter 60, Part 2, and] The postplacement
11 evaluation shall include:
12 (i) verification of the allegations of fact contained in the petition for adoption[, attachments
13 to the petition, and in the report of expenditures required by Section 78-30-15.5];
14 (ii) an evaluation of the progress of the child's placement in the adoptive home; and
15 (iii) a recommendation regarding whether the adoption is in the best interest of the child.
16 (b) The exemptions from and requirements for evaluations, described in Subsections
17 (1)(c), (2)(c), and (3), also apply to postplacement adoptive evaluations.
18 [(4)] (5) If the person or agency conducting the [study] evaluation disapproves the
19 [petitioner] adoptive placement, either in the preplacement or postplacement adoptive [study]
20 evaluation, the court may dismiss the petition. [Upon] However, upon request of [the petitioner]
21 a prospective adoptive parent, the court shall order that an additional preplacement or
22 postplacement adoptive [study] evaluation be conducted, and hold a hearing on the suitability of
23 the adoption, including testimony of interested parties.
24 [(5)] (6) Prior to finalization of a petition for adoption the court shall review and consider
25 the information and recommendations contained in the preplacement and postplacement adoptive
26 studies required by this section.
27 Section 2. Effective date.
28 This act takes effect on July 1, 1998.

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