H.B. 259 Enrolled

SPECIAL NEEDS ADOPTION -
PREPLACEMENT EVALUATIONS
2004 GENERAL SESSION
STATE OF UTAH
Sponsor: Ann W. Hardy

LONG TITLE
General Description:
This bill modifies adoption provisions in the Judicial Code.
Highlighted Provisions:
This bill:
. requires that the preplacement evaluation of a special needs child be conducted by
the Department of Human Services or a licensed child placing agency contracted by
the division to conduct preplacement evaluations; and
. requires the adoptive parent or parents to pay for any fee assessed by the evaluating
agency.
Monies Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
78-30-3.5, as last amended by Chapter 101, Laws of Utah 2001

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) 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) 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 requirements of Subsection (1)(a) are satisfied by a previous preplacement
adoptive evaluation conducted within three years prior to placement of the child, or an annual
updated adoptive evaluation conducted after that three-year period or within one year after
finalization of a previous adoption.
(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, received from the Criminal Investigations and
Technical Services Division of the Department of Public Safety, in accordance with Section
53-10-108 , no earlier than 18 months immediately preceding placement of the child;
(b) a report from 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; [and]
(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

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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 with special needs as defined in Subsection 62A-4a-902 (2), the
preplacement evaluation must be conducted by the Department of Human Services or a licensed
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) A copy of the preplacement adoptive evaluation shall be filed with the court.
(4) (a) Except as provided in Subsections (4)(b) and (c), a postplacement evaluation shall
be conducted and submitted to the court prior to the final hearing in an adoption proceeding. The
postplacement evaluation shall include:
(i) verification of the allegations of fact contained in the petition for adoption;
(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.
(5) If the person or agency conducting the evaluation disapproves the adoptive
placement, either in the preplacement or postplacement adoptive evaluation, the court may
dismiss the petition. However, upon request of a prospective adoptive parent, the court shall
order that an additional preplacement or postplacement adoptive evaluation be conducted, and
hold a hearing on the suitability of the adoption, including testimony of interested parties.

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(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.

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