S.B. 186

1

CHILD WELFARE REMOVAL - ADOPTION
2 OPTION
3 2005 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: Parley G. Hellewell
6
7 LONG TITLE
8 General Description:
9 This bill amends provisions of the Utah Human Services Code and the Judicial Code
10 relating to child protection, adoption, and rights of parents.
11 Highlighted Provisions:
12 This bill:
13 . requires that a notice of the rights of parents be included in the written statement
14 that is made available to the parent, guardian, or responsible relative of a child when
15 the child is taken into protective custody;
16 . establishes a procedure for a parent of a child taken into custody by the Division of
17 Child and Family Services, who voluntarily waives the parent's parental rights
18 within a specified period of time, to:
19 . participate in the selection of the adoptive parents;
20 . receive general, nonidentifying information regarding the adoptive parents and
21 the adoptive family; and
22 . receive annual updates on the status and progress of the child;
23 . provides that a parent may waive the rights established by this bill;
24 . provides exceptions to the requirements of this bill;
25 . provides restrictions on the disclosure of certain records;
26 . provides a criminal penalty for the unlawful disclosure of certain records;
27 . requires that a statement of the rights of parents be attached to:

28 . a petition to commence proceedings in the juvenile court alleging that a child is
29 abused, neglected, or dependent; and
30 . a petition for termination of a parent's parental rights; and
31 . makes technical changes.
32 Monies Appropriated in this Bill:
33 None
34 Other Special Clauses:
35 None
36 Utah Code Sections Affected:
37 AMENDS:
38 62A-4a-202.2, as last amended by Chapter 10, Laws of Utah 2001, First Special
39 Session
40 78-3a-305, as last amended by Chapters 68 and 326, Laws of Utah 2003
41 78-3a-405, as renumbered and amended by Chapter 260, Laws of Utah 1994
42 ENACTS:
43 62A-4a-205.7, Utah Code Annotated 1953
44
45 Be it enacted by the Legislature of the state of Utah:
46 Section 1. Section 62A-4a-202.2 is amended to read:
47 62A-4a-202.2. Notice to parents upon removal of child -- Locating noncustodial
48 parent -- Written statement of procedural rights and preliminary proceedings.
49 (1) (a) Any peace officer or caseworker who takes a minor into protective custody
50 pursuant to Section 62A-4a-202.1 shall immediately use reasonable efforts to locate and
51 inform, through the most efficient means available, the parents, including a noncustodial
52 parent, the guardian, or responsible relative:
53 (i) that the minor has been taken into protective custody;
54 (ii) the reasons for removal and placement in protective custody;
55 (iii) that a written statement is available that explains the parent's procedural rights and
56 the preliminary stages of the investigation and shelter hearing; and
57 (iv) of a telephone number where the parent may access further information.
58 (b) For purposes of locating and informing the noncustodial parent as required in

59 Subsection (1)(a), the division shall search for the noncustodial parent through the national
60 parent locator database if the division is unable to locate the noncustodial parent through other
61 reasonable efforts.
62 (2) (a) The attorney general's office shall adopt, print, and distribute a form for the
63 written statement described in Subsection (1)(a)(iii).
64 (b) The statement described in Subsection (1)(a)(iii) shall:
65 (i) be made available to the division and for distribution in:
66 (A) schools[,];
67 (B) health care facilities[,];
68 (C) local police and sheriff's offices[,];
69 (D) the division[,]; and
70 (E) any other appropriate office within the Department of Human Services. [The
71 notice shall]
72 (ii) be in simple language; and
73 (iii) include at least the following information:
74 [(a)] (A) the conditions under which a minor may be released[,];
75 (B) hearings that may be required[, and];
76 (C) the means by which the parent may access further specific information about a
77 minor's case and conditions of protective and temporary custody; [and]
78 [(b)] (D) the rights of a minor and of the parent or guardian to legal counsel and to
79 appeal[.]; and
80 (E) the rights of the parent under Section 62A-4a-205.7 .
81 (3) If a good faith attempt was made by the peace officer or caseworker to notify the
82 parent or guardian in accordance with the requirements of Subsection (1), failure to notify:
83 (a) shall be considered to be due to circumstances beyond the control of the peace
84 officer or caseworker; and
85 (b) may not be construed to permit a new defense to any juvenile or judicial proceeding
86 or to interfere with any rights, procedures, or investigations provided for by this chapter or Title
87 78, Chapter 3a, Juvenile [Courts] Court Act of 1996.
88 Section 2. Section 62A-4a-205.7 is enacted to read:
89 62A-4a-205.7. Involvement of parent in adoption -- Annual update on status of

90 adoptee -- Confidentiality and disclosure of records -- Criminal penalty for unlawful
91 disclosure.
92 (1) A parent of a child in the custody of the division is entitled to participate in the
93 adoption process of the parent's child in the manner described in Subsection (2) if the parent
94 consents to the termination of the parent's parental rights relating to the child under Section
95 78-3a-414 , within the earlier of 90 days from the day on which:
96 (a) the child is first taken into custody by the division;
97 (b) a petition to commence proceedings in the juvenile court alleging that the child is
98 abused, neglected, or dependent is filed under Section 78-3a-305 ; or
99 (c) a petition for termination of the parent's parental rights relating to the child is filed
100 under Sections 78-3a-404 and 78-3a-405 .
101 (2) Except as provided in Subsection (5), when a parent of a child in the custody of the
102 division consents to the termination of the parent's parental rights in the manner described in
103 Subsection (1):
104 (a) the division shall:
105 (i) except as provided in Subsections (3)(a) and (b), select at least three sets of
106 potential adoptive parents that are:
107 (A) willing to adopt the child; and
108 (B) approved by the division as an appropriate placement for the child;
109 (ii) provide the parent of the child with general, nonidentifying information regarding
110 each selected potential adoptive parent and family, including:
111 (A) the size of the family;
112 (B) the age and gender of the siblings in the family; and
113 (C) each parent's:
114 (I) level of education;
115 (II) general type of employment; and
116 (III) religion;
117 (iii) except as provided in Subsection (3)(b), permit the parent of the child seven days
118 to specify an order of preference for placing the child with the potential adoptive parents
119 selected by the division under Subsection (2)(a);
120 (iv) except as provided in Subsections (3)(b) and (c), place the child with the potential

121 adoptive parents with the highest preference specified under Subsection (2)(a)(iii) who:
122 (A) are willing to adopt the child at the time the child is placed for adoption; and
123 (B) are approved by the court as an appropriate placement for the child;
124 (v) inform the parent of the child of the general, nonidentifying information described
125 in Subsection (2)(a)(ii) regarding the adoptive parents and family that the child is placed with;
126 and
127 (vi) before placing the child with adoptive parents, require the adoptive parents to sign
128 an agreement to provide the division with the annual written statement described in Subsection
129 (2)(b); and
130 (b) the parents that adopt the child from or through the division shall annually provide
131 the division with a written statement:
132 (i) regarding the status and progress of the child; and
133 (ii) on a form provided by the division.
134 (3) (a) Notwithstanding Subsection (2)(a)(i), if, after a diligent search, the division is
135 only able to find two sets of potential adoptive parents, the division shall only be required to
136 select two sets of potential adoptive parents.
137 (b) Notwithstanding Subsections (2)(a)(i) and (iii), if, after a diligent search, the
138 division is only able to find one set of potential adoptive parents, the division:
139 (i) shall only be required to select one set of potential adoptive parents; and
140 (ii) shall not be required to comply with Subsection (2)(a)(iii) or (iv).
141 (c) Notwithstanding Subsection (2)(a)(iv), the division may seek to place the child with
142 any family that the division considers appropriate if:
143 (i) each family selected by the division under Subsection (2)(a)(i):
144 (A) decides not to adopt the child; or
145 (B) is not approved by the court as an appropriate placement for the child; or
146 (ii) (A) both parents of the child exercise the right described in Subsection (2)(a)(iv);
147 and
148 (B) the parents of the child cannot agree on the order of preference described in
149 Subsection (2)(a)(iii).
150 (4) (a) On an annual basis, the division shall mail to the parents described in
151 Subsection (2)(b):

152 (i) a copy of the form described in Subsection (2)(b)(ii); and
153 (ii) a letter requesting that the adoptive parents complete the form and return the form
154 to the division within seven days of the day on which the adoptive parents receive the letter.
155 (b) After receiving the completed form described in Subsection (4)(a), the division
156 shall:
157 (i) redact any information that may identify the adoptive parents or the family of the
158 adoptive parents; and
159 (ii) forward a copy of the redacted form to the parent described in Subsection (1).
160 (5) A parent may waive any of the rights described in Subsections (1) through (4).
161 (6) Except as provided in Subsection (7)(a):
162 (a) the redacted form described in Subsection (4)(b)(ii) may only be provided, upon
163 presentation of positive identification, to:
164 (i) the parent described in Subsection (1);
165 (ii) the adoptive parents; or
166 (iii) the child to whom the redacted form relates when the child reaches the age of 18;
167 and
168 (b) the unredacted version of the form described in Subsection (4)(b) may only be
169 provided, upon presentation of positive identification, to:
170 (i) the adoptive parents; or
171 (ii) subject to Subsection (7)(c), the child to whom the unredacted form relates when
172 the child reaches the age of 18.
173 (7) (a) The information described in Subsection (6) may not be disclosed except:
174 (i) as provided in this section; or
175 (ii) pursuant to a court order.
176 (b) Any person who discloses the information described in Subsection (6) in violation
177 of this section, or who knowingly allows that information to be disclosed in violation of this
178 section is guilty of a class A misdemeanor.
179 (c) Prior to disclosing the information described in Subsection (6)(b), the division shall
180 redact privacy information of any person other than the child described in Subsection (6)(b)(ii).
181 Section 3. Section 78-3a-305 is amended to read:
182 78-3a-305. Petition filed -- Protective orders.

183 (1) (a) Any interested person may file a petition to commence proceedings in the
184 juvenile court alleging that a minor is abused, neglected, or dependent.
185 (b) The person shall first make a referral with the division.
186 (2) (a) If the child who is the subject of a petition was removed from his home by the
187 Division of Child and Family Services that petition shall be filed on or before the date of the
188 initial shelter hearing described in Section 78-3a-306 .
189 (b) If a petition is requested by the division, the attorney general shall file the petition
190 within 72 hours of the completion of the investigation and request, excluding weekends and
191 holidays, if:
192 (i) the child who is the subject of the requested petition has not been removed from his
193 home by the division; and
194 (ii) without an expedited hearing and services ordered under the protective supervision
195 of the court, the child will likely be taken into protective custody.
196 (3) The petition shall be verified, and contain all of the following:
197 (a) the name, age, and address, if any, of the minor upon whose behalf the petition is
198 brought;
199 (b) the names and addresses, if known to the petitioner, of both parents and any
200 guardian of the minor;
201 (c) a concise statement of facts, separately stated, to support the conclusion that the
202 minor upon whose behalf the petition is being brought is abused, neglected, or dependent; and
203 (d) a statement regarding whether the minor is in protective custody, and if so, the date
204 and precise time the minor was taken into protective custody.
205 (4) A person who files a petition under this section shall attach to the petition a
206 statement of the rights of the parents of the child who is the subject of the petition established
207 under Section 62A-4a-205.7 .
208 Section 4. Section 78-3a-405 is amended to read:
209 78-3a-405. Contents of petition.
210 (1) The petition for termination of parental rights shall include, to the best information
211 or belief of the petitioner:
212 (a) the name and place of residence of the petitioner;
213 (b) the name, sex, date and place of birth, and residence of the child;

214 (c) the relationship of the petitioner to the child;
215 (d) the names, addresses, and dates of birth of the parents, if known;
216 (e) the name and address of the person having legal custody or guardianship, or acting
217 in loco parentis to the child, or the organization or agency having legal custody or providing
218 care for the child;
219 (f) the grounds on which termination of parental rights is sought, in accordance with
220 Section 78-3a-407 ; and
221 (g) the names and addresses of the persons or the authorized agency to whom legal
222 custody or guardianship of the child might be transferred.
223 (2) A copy of any relinquishment or consent, if any, previously executed by the parent
224 or parents shall be attached to the petition.
225 (3) A person who files a petition under this section shall attach to the petition a
226 statement of the rights of the parents of the child who is the subject of the petition established
227 under Section 62A-4a-205.7 unless:
228 (a) the division is not a party to the termination proceeding; and
229 (b) it does not appear that the division will become involved in the termination
230 proceeding.




Legislative Review Note
as of 2-9-05 10:16 AM

Based on a limited legal review, this legislation has not been determined to have a high
probability of being held unconstitutional.

Office of Legislative Research and General Counsel