H.B. 245

1

CHILD WELFARE AMENDMENTS
2 2007 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Merlynn T. Newbold
5 Senate Sponsor: Allen M. Christensen
6
7 LONG TITLE
8 General Description:
9 This bill amends the Utah Human Services Code and the Judicial Code in order to
10 comply with federal requirements, including those contained in The Adam Walsh Child
11 Protection and Safety Act of 2006 and the Safe and Timely Interstate Placement of
12 Foster Care Children Act of 2006, and to make corrections to certain child welfare
13 provisions.
14 Highlighted Provisions:
15 This bill:
16 . amends the background check procedures of the Office of Licensing, within the
17 Department of Human Services, as they relate to background checks conducted for
18 the purpose of licensing a prospective foster home or approving a prospective
19 adoptive placement of a child in state custody;
20 . requires that before a prospective foster home is licensed, and before a child in state
21 custody is placed with a prospective foster parent or a prospective adoptive parent,
22 the Department of Human Services shall check the child abuse and neglect registry
23 of each state where the prospective foster parent, prospective adoptive parent, or an
24 adult residing in the home of the prospective foster parent or prospective adoptive
25 parent, resided during the five years immediately preceding placement of the child;
26 . permits the information within the Management Information System, maintained by
27 the Division of Child and Family Services, within the Department of Human

28 Services, to be disclosed for the purpose of:
29 . complying with an abuse and neglect registry check requested by another state;
30 and
31 . complying with the federal requirements for maintaining an electronic national
32 registry of substantiated cases of child abuse and neglect;
33 . provides for the recognition within Utah of home studies conducted outside of the
34 state of Utah;
35 . amends the background check procedures for direct service workers when a child in
36 the legal custody of the Department of Human Services, or a division of the
37 department, is placed with the direct service worker;
38 . requires a court to consider appropriate in-state and out-of-state placements for a
39 child who is removed from the custody of the child's parents;
40 . describes the entitlement or right of a child and others to be given notice of, to be
41 present at, and to be heard at, each hearing and proceeding in an abuse, neglect, or
42 dependency case;
43 . amends background check requirements for preplacement adoptive evaluations; and
44 . makes technical changes.
45 Monies Appropriated in this Bill:
46 None
47 Other Special Clauses:
48 None
49 Utah Code Sections Affected:
50 AMENDS:
51 62A-2-120, as last amended by Chapters 57 and 77, Laws of Utah 2006
52 62A-2-121, as last amended by Chapter 77, Laws of Utah 2006
53 62A-4a-1003, as renumbered and amended by Chapter 77, Laws of Utah 2006
54 62A-5-103.5, as last amended by Chapter 77, Laws of Utah 2006
55 78-3a-307.1, as last amended by Chapter 329, Laws of Utah 1997
56 78-3a-312, as last amended by Chapter 286, Laws of Utah 2005
57 78-3a-314, as last amended by Chapter 120, Laws of Utah 2001
58 78-30-3.5, as last amended by Chapters 121 and 122, Laws of Utah 2004

59 78-30-3.6, as enacted by Chapter 101, Laws of Utah 2001
60 ENACTS:
61 62A-4a-710, Utah Code Annotated 1953
62
63 Be it enacted by the Legislature of the state of Utah:
64 Section 1. Section 62A-2-120 is amended to read:
65 62A-2-120. Criminal background checks -- Direct access to children or
66 vulnerable adults.
67 (1) (a) Except as provided in Subsection (7), an applicant for an initial license or a
68 license renewal under this chapter shall submit to the office the names and other identifying
69 information, which may include fingerprints, of all persons associated with the licensee, as
70 defined in Section 62A-2-101 , with direct access to children or vulnerable adults.
71 (b) The Criminal Investigations and Technical Services Division of the Department of
72 Public Safety, or the office as authorized under Section 53-10-108 , shall process the
73 information described in Subsection (1)(a) to determine whether the individual has been
74 convicted of any crime.
75 (c) Except as provided in Subsection (1)(d), if an individual has not continuously lived
76 in Utah for the five years immediately preceding the day on which the information referred to
77 in Subsection (1)(a) is submitted to the office, the individual shall submit fingerprints for a FBI
78 national criminal history record check. The fingerprints shall be submitted to the FBI through
79 the Criminal Investigations and Technical Services Division.
80 (d) An individual is not required to comply with Subsection (1)(c) if:
81 (i) the individual continuously lived in Utah for the five years immediately preceding
82 the day on which the information described in Subsection (1)(a) is submitted to the office,
83 except for time spent outside of the United States and its territories[.]; and
84 (ii) the background check of the individual is being conducted for a purpose other than
85 a purpose described in Subsection (1)(f).
86 (e) If an applicant described in Subsection (1)(a) spent time outside of the United
87 States and its territories [at any time] during the five years immediately preceding the day on
88 which the information described in Subsection (1)(a) is submitted to the office, the office shall
89 require the applicant to submit documentation establishing whether the applicant was convicted

90 of a crime during the time that the applicant spent outside of the United States and its
91 territories.
92 (f) Notwithstanding any other provision of this Subsection (1), an applicant described
93 in Subsection (1)(a) shall submit fingerprints for an FBI national criminal history records
94 check, through the Criminal Investigations and Technical Services Division, if the background
95 check of the applicant is being conducted for the purpose of:
96 (i) licensing a prospective foster home; or
97 (ii) approving a prospective adoptive placement of a child in state custody.
98 (g) In addition to the other requirements of this section, if the background check of an
99 applicant described in Subsection (1)(a) is being conducted for the purpose of licensing a
100 prospective foster home or approving a prospective adoptive placement of a child in state
101 custody, the office shall:
102 (i) check the child abuse and neglect registry in each state where each prospective
103 foster parent or prospective adoptive parent resided in the five years immediately preceding the
104 day on which the prospective foster parent or prospective adoptive parent applied to be a foster
105 parent or adoptive parent, to determine whether the prospective foster parent or prospective
106 adoptive parent is listed in the registry as having a substantiated or supported finding of child
107 abuse or neglect; and
108 (ii) check the child abuse and neglect registry in each state where each adult living in
109 the home of the prospective foster parent or prospective adoptive parent described in
110 Subsection (1)(g)(i) resided in the five years immediately preceding the day on which the
111 prospective foster parent or prospective adoptive parent applied to be a foster parent or
112 adoptive parent, to determine whether the adult is listed in the registry as having a substantiated
113 or supported finding of child abuse or neglect.
114 [(f)] (h) The office shall make rules, in accordance with Title 63, Chapter 46a, Utah
115 Administrative Rulemaking Act, to implement the provisions of this Subsection (1).
116 (2) The office shall approve a person for whom identifying information is submitted
117 under Subsection (1) to have direct access to children or vulnerable adults in the licensee
118 program if:
119 (a) (i) the person is found to have no criminal history record; or
120 (ii) (A) the only convictions in the person's criminal history record are misdemeanors

121 or infractions not involving any of the offenses described in Subsection (3); and
122 (B) the date of the last conviction under Subsection (2)(a)(ii)(A) is more than five years
123 before the date of the search;
124 (b) the person is not listed in the statewide database of the Division of Aging and Adult
125 Services created by Section 62A-3-311.1 ;
126 (c) juvenile court records do not show that a court made a substantiated finding, under
127 Section 78-3a-320 , that the person committed a severe type of child abuse or neglect;
128 (d) the person is not listed in the Licensing Information System of the Division of
129 Child and Family Services created by Section 62A-4a-1006 ; [and]
130 (e) the person has not pled guilty or no contest to a pending charge for any:
131 (i) felony;
132 (ii) misdemeanor listed in Subsection (3); or
133 (iii) infraction listed in Subsection (3)[.]; and
134 (f) for a person described in Subsection (1)(g), the registry check described in
135 Subsection (1)(g) does not indicate that the person is listed in a child abuse and neglect registry
136 of another state as having a substantiated or supported finding of child abuse or neglect.
137 (3) [Unless] Except as provided in Subsection (8), unless at least ten years have passed
138 since the date of conviction, the office may not approve a person to have direct access to
139 children or vulnerable adults in the licensee's human services program if that person has been
140 convicted of an offense, whether a felony, misdemeanor, or infraction, that is:
141 (a) identified as a sexual offense, domestic violence, lewdness, assault, or battery;
142 (b) a violation of any pornography law, including sexual exploitation of a minor;
143 (c) prostitution;
144 (d) included in:
145 (i) Title 76, Chapter 5, Offenses Against the Person;
146 (ii) Title 76, Chapter 5a, Sexual Exploitation of Children; or
147 (iii) Title 76, Chapter 7, Offenses Against the Family; [or]
148 (e) a violation of Section 76-6-103 , Aggravated arson;
149 (f) a violation of Section 76-6-203 , Aggravated burglary;
150 (g) a violation of Section 76-6-302 , Aggravated robbery; or
151 [(e)] (h) a conviction [in: (i) (A) another state, territory, or district of the United States;

152 or (B) a federal court of the United States; and (ii)] for an offense committed outside of
153 the state that, if committed in the state, would constitute a violation of an offense described in
154 [Subsection] Subsections (3)(d) through (g).
155 (4) (a) [If] Except as provided in Subsection (8), if a person for whom identifying
156 information is submitted under Subsection (1) is not approved by the office under Subsection
157 (2) or (3) to have direct access to children or vulnerable adults in the licensee program, the
158 office shall conduct a comprehensive review of criminal and court records and related
159 circumstances if the reason the approval is not granted is due solely to one or more of the
160 following:
161 (i) a conviction for:
162 (A) any felony not listed in Subsection (3);
163 (B) any misdemeanor or infraction, not listed in Subsection (3), within five years of the
164 date of the search;
165 (C) a protective order or ex parte protective order violation under Section 76-5-108 or
166 a similar statute in another state; or
167 (D) any felony, misdemeanor, or infraction listed in Subsection (3) if at least ten years
168 have passed since the date of conviction;
169 (ii) a plea of guilty or no contest to a pending:
170 (A) felony;
171 (B) misdemeanor [not] listed in Subsection (3); or
172 (C) infraction [not] listed in Subsection (3);
173 (iii) the person is listed in the statewide database of the Division of Aging and Adult
174 Services created by Section 62A-3-311.1 ;
175 (iv) juvenile court records show that a court made a substantiated finding, under
176 Section 78-3a-320 , that the person committed a severe type of child abuse or neglect; [or]
177 (v) the person is listed in the Licensing Information System of the Division of Child
178 and Family Services created by Section 62A-4a-1006 [.]; or
179 (vi) the person is listed in a child abuse or neglect registry of another state as having a
180 substantiated or supported finding of child abuse or neglect.
181 (b) The comprehensive review under Subsection (4)(a) shall include an examination of:
182 (i) the date of the offense or incident;

183 (ii) the nature and seriousness of the offense or incident;
184 (iii) the circumstances under which the offense or incident occurred;
185 (iv) the age of the perpetrator when the offense or incident occurred;
186 (v) whether the offense or incident was an isolated or repeated incident;
187 (vi) whether the offense or incident directly relates to abuse of a child or vulnerable
188 adult, including:
189 (A) actual or threatened, nonaccidental physical or mental harm;
190 (B) sexual abuse;
191 (C) sexual exploitation; and
192 (D) negligent treatment;
193 (vii) any evidence provided by the person of rehabilitation, counseling, or psychiatric
194 treatment received, or additional academic or vocational schooling completed, by the person;
195 and
196 (viii) any other pertinent information.
197 (c) At the conclusion of the comprehensive review under Subsection (4)(a), the office
198 shall approve the person who is the subject of the review to have direct access to children or
199 vulnerable adults, unless it finds that approval will likely create a risk of harm to a child or
200 vulnerable adult.
201 (d) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
202 office may make rules, consistent with this chapter, defining procedures for the comprehensive
203 review described in this Subsection (4).
204 (5) (a) For purposes of this Subsection (5), "directly supervised" means that the person
205 being supervised is under the uninterrupted visual and auditory surveillance of the person doing
206 the supervising.
207 (b) A licensee may not permit any person to have direct access to a child or a
208 vulnerable adult unless, subject to Subsection (5)(c), that person is:
209 (i) associated with the licensee and:
210 (A) approved by the office to have direct access to children or vulnerable adults under
211 this section; or
212 (B) (I) the office has not determined whether to approve that person to have direct
213 access to children or vulnerable adults;

214 (II) the information described in Subsection (1)(a), relating to that person, is submitted
215 to the department; and
216 (III) that person is directly supervised by a person associated with the licensee who is
217 approved by the office to have direct access to children or vulnerable adults under this section;
218 (ii) (A) not associated with the licensee; and
219 (B) directly supervised by a person associated with the licensee who is approved by the
220 office to have direct access to children or vulnerable adults under this section;
221 (iii) the parent or guardian of the child or vulnerable adult; or
222 (iv) a person approved by the parent or guardian of the child or vulnerable adult to
223 have direct access to the child or vulnerable adult.
224 (c) Notwithstanding Subsection (5)(b), a person may not have direct access to a child
225 or a vulnerable adult if that person is prohibited by court order from having that access.
226 (6) (a) Within 30 days after receiving the identifying information for a person under
227 Subsection (1), the office shall give written notice to the person and to the licensee or applicant
228 with whom the person is associated of:
229 (i) the office's decision regarding its background screening clearance and findings; and
230 (ii) a list of any convictions found in the search.
231 (b) With the notice described in Subsection (6)(a), the office shall also give to the
232 person the details of any comprehensive review conducted under Subsection (4).
233 (c) If the notice under Subsection (6)(a) states that the person is not approved to have
234 direct access to children or vulnerable adults, the notice shall further advise the persons to
235 whom the notice is given that either the person or the licensee or applicant with whom the
236 person is associated, or both, may, under Subsection 62A-2-111 (2), request a hearing in the
237 department's Office of Administrative Hearings, to challenge the office's decision.
238 (d) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
239 office shall make rules, consistent with this chapter:
240 (i) defining procedures for the challenge of its background screening decision
241 described in this Subsection (6); and
242 (ii) expediting the process for renewal of a license under the requirements of this
243 section and other applicable sections.
244 (7) Notwithstanding Subsection (1)(a), this section does not apply to an applicant for

245 an initial license, or license renewal, to operate a substance abuse [treatment] program that
246 provides services to adults only.
247 (8) (a) Notwithstanding Subsections (2) through (4), the office may not approve or
248 license a person as a prospective foster parent or a prospective adoptive parent if the person has
249 been convicted of:
250 (i) a felony involving conduct that constitutes any of the following:
251 (A) child abuse, as described in Section 76-5-109 ;
252 (B) commission of domestic violence in the presence of a child, as described in Section
253 76-5-109.1 ;
254 (C) abuse or neglect of a disabled child, as described in Section 76-5-110 ;
255 (D) endangerment of a child, as described in Section 76-5-112.5 ;
256 (E) aggravated murder, as described in Section 76-5-202 ;
257 (F) murder, as described in Section 76-5-203 ;
258 (G) manslaughter, as described in Section 76-5-205 ;
259 (H) child abuse homicide, as described in Section 76-5-208 ;
260 (I) homicide by assault, as described in Section 76-5-209 ;
261 (J) kidnapping, as described in Section 76-5-301 ;
262 (K) child kidnapping, as described in Section 76-5-301.1 ;
263 (L) aggravated kidnapping, as described in Section 76-5-302 ;
264 (M) an offense described in Title 76, Chapter 5, Part 4, Sexual Offenses;
265 (N) an offense described in Title 76, Chapter 5a, Sexual Exploitation of Children;
266 (O) aggravated arson, as described in Section 76-6-103 ;
267 (P) aggravated burglary, as described in Section 76-6-203 ;
268 (Q) aggravated robbery, as described in Section 76-6-302 ; or
269 (R) domestic violence, as described in Section 77-36-1 ; or
270 (ii) an offense committed outside the state that, if committed in the state, would
271 constitute a violation of an offense described in Subsection (8)(a)(i).
272 (b) Notwithstanding Subsections (2) through (4), the office may not approve or license
273 a person as a prospective foster parent or a prospective adoptive parent if, within the five years
274 immediately preceding the day on which the person would otherwise be approved or licensed,
275 the person has been convicted of a felony involving conduct that constitutes any of the

276 following:
277 (i) aggravated assault, as described in Section 76-5-103 ;
278 (ii) aggravated assault by a prisoner, as described in Section 76-5-103.5 ;
279 (iii) mayhem, as described in Section 76-5-105 ;
280 (iv) an offense described in Title 58, Chapter 37, Utah Controlled Substances Act;
281 (v) an offense described in Title 58, Chapter 37a, Utah Drug Paraphernalia Act;
282 (vi) an offense described in Title 58, Chapter 37b, Imitation Controlled Substances
283 Act;
284 (vii) an offense described in Title 58, Chapter 37c, Utah Controlled Substance
285 Precursor Act; or
286 (viii) an offense described in Title 58, Chapter 37d, Clandestine Drug Lab Act.
287 Section 2. Section 62A-2-121 is amended to read:
288 62A-2-121. Access to abuse and neglect information.
289 (1) For purposes of this section:
290 (a) "Direct service worker" is as defined in Section 62A-5-101 [; and].
291 (b) "Personal care attendant" is as defined in Section 62A-3-101 .
292 (2) With respect to a licensee, a certified local inspector applicant, a direct service
293 worker, or a personal care attendant, the department may access only the Licensing Information
294 System of the Division of Child and Family Services created by Section 62A-4a-1006 and
295 juvenile court records under Subsection 78-3a-320 (6), for the purpose of:
296 (a) (i) determining whether a person associated with a licensee, with direct access to
297 children:
298 (A) is listed in the Licensing Information System; or
299 (B) has a substantiated finding by a juvenile court of a severe type of child abuse or
300 neglect under Subsections 78-3a-320 (1) and (2); and
301 (ii) informing a licensee that a person associated with the licensee:
302 (A) is listed in the Licensing Information System; or
303 (B) has a substantiated finding by a juvenile court of a severe type of child abuse or
304 neglect under Subsections 78-3a-320 (1) and (2);
305 (b) (i) determining whether a certified local inspector applicant:
306 (A) is listed in the Licensing Information System; or

307 (B) has a substantiated finding by a juvenile court of a severe type of child abuse or
308 neglect under Subsections 78-3a-320 (1) and (2); and
309 (ii) informing a local government that a certified local inspector applicant:
310 (A) is listed in the Licensing Information System; or
311 (B) has a substantiated finding by a juvenile court of a severe type of child abuse or
312 neglect under Subsections 78-3a-320 (1) and (2); [or]
313 (c) (i) determining whether a direct service worker:
314 (A) is listed in the Licensing Information System; or
315 (B) has a substantiated finding by a juvenile court of a severe type of child abuse or
316 neglect under Subsections 78-3a-320 (1) and (2); and
317 (ii) informing a direct service worker or the direct service worker's employer that the
318 direct service worker:
319 (A) is listed in the Licensing Information System; or
320 (B) has a substantiated finding by a juvenile court of a severe type of child abuse or
321 neglect under Subsections 78-3a-320 (1) and (2); or
322 (d) (i) determining whether a personal care attendant:
323 (A) is listed in the Licensing Information System; or
324 (B) has a substantiated finding by a juvenile court of a severe type of child abuse or
325 neglect under Subsections 78-3a-320 (1) and (2); and
326 (ii) informing a person described in Subsections 62A-3-101 (9)(a)(i) through (iv) that a
327 personal care attendant:
328 (A) is listed in the Licensing Information System; or
329 (B) has a substantiated finding by a juvenile court of a severe type of child abuse or
330 neglect under Subsections 78-3a-320 (1) and (2).
331 (3) Notwithstanding Subsection (2), the department may access the Division of Child
332 and Family Service's Management Information System under Section 62A-4a-1003 :
333 (a) for the purpose of licensing and monitoring foster parents[.]; and
334 (b) for the purposes described in Subsection 62A-4a-1003 (1)(d).
335 (4) After receiving identifying information for a person under Subsection
336 62A-2-120 (1), the department shall process the information for the purposes described in
337 Subsection (2).

338 (5) The department shall adopt rules under Title 63, Chapter 46a, Utah Administrative
339 Rulemaking Act, consistent with this chapter, defining the circumstances under which a person
340 may have direct access or provide services to children when:
341 (a) the person is listed in the Licensing Information System of the Division of Child
342 and Family Services created by Section 62A-4a-1006 ; or
343 (b) juvenile court records show that a court made a substantiated finding under Section
344 78-3a-320 , that the person committed a severe type of child abuse or neglect.
345 Section 3. Section 62A-4a-710 is enacted to read:
346 62A-4a-710. Interjurisdictional home study report.
347 (1) The State of Utah may request a home study report from another state or an Indian
348 Tribe for purposes of assessing the safety and suitability of placing a child in a home outside of
349 the jurisdiction of the State of Utah.
350 (2) The State of Utah may not impose any restriction on the ability of a state agency
351 administering, or supervising the administration of, a state program operated under a state plan
352 approved under Section 42 U.S.C. 671 to contract with a private agency to conduct a home
353 study report described in Subsection (1).
354 (3) When the State of Utah receives a home study report described in Subsection (1),
355 the home study report shall be considered to meet all requirements imposed by the State of
356 Utah for completion of a home study before a child is placed in a home, unless, within 14 days
357 after the day on which the report is received, the State of Utah determines, based on grounds
358 that are specific to the content of the report, that making a decision in reliance on the report
359 would be contrary to the welfare of the child.
360 Section 4. Section 62A-4a-1003 is amended to read:
361 62A-4a-1003. Management Information System -- Requirements -- Contents --
362 Purpose -- Access.
363 (1) (a) The division shall develop and implement a Management Information System
364 that meets the requirements of this section and the requirements of federal law and regulation.
365 (b) The information and records contained in the Management Information System:
366 (i) are protected records under Title 63, Chapter 2, Government Records Access and
367 Management Act; and
368 (ii) except as provided in [Subsection] Subsections (1)(c) and (d), are available only to

369 a person with statutory authorization under Title 63, Chapter 2, Government Records Access
370 and Management Act, to review the information and records described in this Subsection
371 (1)(b).
372 (c) Notwithstanding Subsection (1)(b)(ii), the information and records described in
373 Subsection (1)(b)[(ii)] are available to a person:
374 (i) as provided under Subsection (6) or Section 62A-4a-1006 ; or
375 (ii) who has specific statutory authorization to access the information or records for the
376 purpose of assisting the state with state and federal requirements to maintain information solely
377 for the purpose of protecting minors and providing services to families in need.
378 (d) Notwithstanding Subsection (1)(b)(ii), the information and records described in
379 Subsection (1)(b) may, to the extent required by Title IV-B or IV-E of the Social Security Act,
380 be provided by the division:
381 (i) to comply with child abuse and neglect registry checks requested by other states;
382 and
383 (ii) to the United States Department of Health and Human Services for purposes of
384 maintaining an electronic national registry of substantiated cases of child abuse and neglect.
385 (2) With regard to all child welfare cases, the Management Information System shall
386 provide each caseworker and the department's office of licensing, exclusively for the purposes
387 of foster parent licensure and monitoring, with a complete history of each child in that worker's
388 caseload, including:
389 (a) a record of all past action taken by the division with regard to that child and the
390 child's siblings;
391 (b) the complete case history and all reports and information in the control or keeping
392 of the division regarding that child and the child's siblings;
393 (c) the number of times the child has been in the custody of the division;
394 (d) the cumulative period of time the child has been in the custody of the division;
395 (e) a record of all reports of abuse or neglect received by the division with regard to
396 that child's parent, parents, or guardian including:
397 (i) for each report, documentation of the:
398 (A) latest status; or
399 (B) final outcome or determination; and

400 (ii) information that indicates whether each report was found to be:
401 (A) supported;
402 (B) unsupported;
403 (C) substantiated by a juvenile court;
404 (D) unsubstantiated by a juvenile court; or
405 (E) without merit;
406 (f) the number of times the child's parent or parents failed any child and family plan;
407 and
408 (g) the number of different caseworkers who have been assigned to that child in the
409 past.
410 (3) The division's Management Information System shall:
411 (a) contain all key elements of each family's current child and family plan, including:
412 (i) the dates and number of times the plan has been administratively or judicially
413 reviewed;
414 (ii) the number of times the parent or parents have failed that child and family plan;
415 and
416 (iii) the exact length of time the child and family plan has been in effect; and
417 (b) alert caseworkers regarding deadlines for completion of and compliance with
418 policy, including child and family plans.
419 (4) With regard to all child protective services cases, the Management Information
420 System shall:
421 (a) monitor the compliance of each case with:
422 (i) division rule and policy;
423 (ii) state law; and
424 (iii) federal law and regulation; and
425 (b) include the age and date of birth of the alleged perpetrator at the time the abuse or
426 neglect is alleged to have occurred, in order to ensure accuracy regarding the identification of
427 the alleged perpetrator.
428 (5) Except as provided in Subsection (6) regarding contract providers and Section
429 62A-4a-1006 regarding limited access to the Licensing Information System, all information
430 contained in the division's Management Information System is available to the department,

431 upon the approval of the executive director, on a need-to-know basis.
432 (6) (a) Subject to this Subsection (6), the division may allow its contract providers,
433 court clerks designated by the Administrative Office of the Courts, and the Office of the
434 Guardian Ad Litem to have limited access to the Management Information System.
435 (b) A division contract provider has access only to information about a person who is
436 currently receiving services from that specific contract provider.
437 (c) (i) Designated court clerks may only have access to information necessary to
438 comply with Subsection 78-3h-102 (2).
439 (ii) The Office of the Guardian Ad Litem may access only the information that:
440 (A) relates to children and families where the Office of the Guardian Ad Litem is
441 appointed by a court to represent the interests of the children; and
442 (B) except as provided in Subsection (6)(d), is entered into the Management
443 Information System on or after July 1, 2004.
444 (d) Notwithstanding Subsection (6)(c)(ii)(B), the Office of the Guardian Ad Litem
445 shall have access to all child abuse and neglect referrals about children and families where the
446 office has been appointed by a court to represent the interests of the children, regardless of the
447 date that the information is entered into the Management Information System.
448 (e) Each contract provider and designated representative of the Office of the Guardian
449 Ad Litem who requests access to information contained in the Management Information
450 System shall:
451 (i) take all necessary precautions to safeguard the security of the information contained
452 in the Management Information System;
453 (ii) train its employees regarding:
454 (A) requirements for protecting the information contained in the Management
455 Information System as required by this chapter and under Title 63, Chapter 2, Government
456 Records Access and Management Act; and
457 (B) the criminal penalties under Sections 62A-4a-412 and 63-2-801 for improper
458 release of information; and
459 (iii) monitor its employees to ensure that they protect the information contained in the
460 Management Information System as required by law.
461 (f) The division shall take reasonable precautions to ensure that its contract providers

462 comply with the requirements of this Subsection (6).
463 (7) The division shall take all necessary precautions, including password protection and
464 other appropriate and available technological techniques, to prevent unauthorized access to or
465 release of information contained in the Management Information System.
466 Section 5. Section 62A-5-103.5 is amended to read:
467 62A-5-103.5. Disbursal of public funds -- Background check of a direct service
468 worker.
469 (1) For purposes of this section:
470 (a) "directly supervised" means that the person being supervised is under the
471 uninterrupted visual and auditory surveillance of the person doing the supervising; and
472 (b) "office" is as defined in Section 62A-2-101 .
473 (2) Subject to Subsection (4), public funds may not be disbursed to pay a direct service
474 worker for personal services rendered to a person, unless:
475 (a) subject to Subsection (5), the direct service worker is approved by the office to have
476 direct access and provide services to children or vulnerable adults pursuant to Section
477 62A-2-120 ;
478 (b) except as provided in Subsection (5):
479 (i) during the time that the direct service worker renders the services described in this
480 Subsection (2), the direct service worker who renders the services is directly supervised by a
481 direct service worker who is approved by the office to have direct access and provide services
482 to children or vulnerable adults pursuant to Section 62A-2-120 ;
483 (ii) the direct service worker who renders the services described in this Subsection (2)
484 has submitted the information required for a background check pursuant to Section 62A-2-120 ;
485 and
486 (iii) the office has not determined whether to approve the direct service worker
487 described in Subsection (2)(b)(ii) to have direct access and provide services to children or
488 vulnerable adults; or
489 (c) except as provided in Subsection (5), the direct service worker:
490 (i) (A) is a direct ancestor or descendent of the person to whom the services are
491 rendered, but is not the person's parent;
492 (B) is the aunt, uncle, or sibling of the person to whom the services are rendered; or

493 (C) (I) has submitted the information required for a background check pursuant to
494 Section 62A-2-120 ; and
495 (II) the office has not determined whether to approve the direct service worker to have
496 direct access and provide services to children or vulnerable adults; and
497 (ii) is not listed in:
498 (A) the Licensing Information System of the Division of Child and Family Services
499 created by Section 62A-4a-1006 ;
500 (B) the statewide database of the Division of Aging and Adult Services created by
501 Section 62A-3-311.1 as having a substantiated finding of abuse, neglect, or exploitation; or
502 (C) juvenile court records as having a substantiated finding under Section 78-3a-320
503 that the direct service worker committed a severe type of child abuse or neglect.
504 (3) For purposes of Subsection (2), the office shall conduct a background check of a
505 direct service worker:
506 (a) except as provided in Subsection (2)(b) or (c), before public funds are disbursed to
507 pay the direct service worker for the personal services described in Subsection (2); and
508 (b) using the same procedures established for a background check of an applicant for
509 an initial license under Section 62A-2-120 .
510 (4) The background check and the approval determination described in this section
511 shall be conducted for a direct service worker on an annual basis.
512 (5) Notwithstanding any other provision of this section, a child who is in the legal
513 custody of the department or any of the department's divisions may not be placed with a direct
514 service worker unless, before the child is placed with the direct service worker, the direct
515 service worker passes a background check, pursuant to the requirements of Section 62A-2-120 ,
516 that includes:
517 (a) submitting the direct service worker's fingerprints for an FBI national criminal
518 history records check, through the Criminal Investigations and Technical Services Division;
519 (b) checking the child abuse and neglect registry in each state where the direct service
520 worker resided in the five years immediately preceding the day on which the direct service
521 worker applied to be a direct service worker; and
522 (c) checking the child abuse and neglect registry in each state where each adult living
523 in the home where the child will be placed resided in the five years immediately preceding the

524 day on which the direct service worker applied to be a direct service worker.
525 Section 6. Section 78-3a-307.1 is amended to read:
526 78-3a-307.1. Criminal background checks necessary prior to out-of-home
527 placement.
528 (1) Upon ordering removal of a child from the custody of [his] the child's parent and
529 placing that child in the custody of the Division of Child and Family Services, [and] prior to
530 the division's placement of that child in out-of-home care, the court shall require the
531 completion of a background check by the Utah Bureau of Criminal Identification regarding the
532 proposed placement.
533 (2) (a) The Division of Child and Family Services and the Office of the Guardian ad
534 Litem Director may request, or the court upon its own motion may order, the Department of
535 Public Safety to conduct a complete Federal Bureau of Investigation criminal background
536 check through the national criminal history system (NCIC).
537 (b) Upon request by the Division of Child and Family Services or the Office of the
538 Guardian ad Litem Director, or upon the court's order, persons subject to the requirements of
539 Subsection (1) shall submit fingerprints and shall be subject to an FBI fingerprint background
540 check. The child may be temporarily placed, pending the outcome of that background check.
541 (c) The cost of those investigations shall be borne by whoever is to receive placement
542 of the child, except that the Division of Child and Family Services may pay all or part of the
543 cost of those investigations if the person with whom the child is to be placed is unable to pay.
544 (3) Notwithstanding any other provision of this section, except as otherwise permitted
545 by federal law or rule, a child who is in the legal custody of the state may not be placed with a
546 prospective foster parent or a prospective adoptive parent, unless, before the child is placed
547 with the prospective foster parent or the prospective adoptive parent:
548 (a) a fingerprint based FBI national criminal history records check is conducted on the
549 prospective foster parent or prospective adoptive parent and each adult living in the home of
550 the prospective foster parent or prospective adoptive parent;
551 (b) the Department of Human Services conducts a check of the child abuse and neglect
552 registry in each state where the prospective foster parent or prospective adoptive parent resided
553 in the five years immediately preceding the day on which the prospective foster parent or
554 prospective adoptive parent applied to be a foster parent or adoptive parent, to determine

555 whether the prospective foster parent or prospective adoptive parent is listed in the registry as
556 having a substantiated or supported finding of child abuse or neglect;
557 (c) the Department of Human Services conducts a check of the child abuse and neglect
558 registry of each state where each adult living in the home of the prospective foster parent or
559 prospective adoptive parent described in Subsection (3)(b) resided in the five years
560 immediately preceding the day on which the prospective foster parent or prospective adoptive
561 parent applied to be a foster parent or adoptive parent, to determine whether the adult is listed
562 in the registry as having a substantiated or supported finding of child abuse or neglect; and
563 (d) each person required to undergo a background check described in this Subsection
564 (3) passes the background check, pursuant to the provisions of Section 62A-2-120 .
565 Section 7. Section 78-3a-312 is amended to read:
566 78-3a-312. Permanency hearing -- Final plan -- Petition for termination of
567 parental rights filed -- Hearing on termination of parental rights.
568 (1) (a) When reunification services have been ordered in accordance with Section
569 78-3a-311 , with regard to a minor who is in the custody of the Division of Child and Family
570 Services, a permanency hearing shall be held by the court no later than 12 months after the
571 original removal of the minor.
572 (b) If reunification services were not ordered at the dispositional hearing, a permanency
573 hearing shall be held within 30 days from the date of the dispositional hearing.
574 (2) (a) If reunification services were ordered by the court in accordance with Section
575 78-3a-311 , the court shall, at the permanency hearing, determine, consistent with Subsection
576 (3), whether the minor may safely be returned to the custody of the minor's parent.
577 (b) If the court finds, by a preponderance of the evidence, that return of the minor
578 would create a substantial risk of detriment to the minor's physical or emotional well-being, the
579 minor may not be returned to the custody of the minor's parent.
580 (c) Prima facie evidence that return of the minor to a parent or guardian would create a
581 substantial risk of detriment to the minor is established if the parent or guardian fails to:
582 (i) participate in a court approved child and family plan;
583 (ii) comply with a court approved child and family plan in whole or in part; or
584 (iii) meet the goals of a court approved child and family plan.
585 (3) In making a determination under Subsection (2)(a), the court shall review and

586 consider:
587 (a) the report prepared by the Division of Child and Family Services;
588 (b) any admissible evidence offered by the minor's guardian ad litem;
589 (c) any report prepared by a foster care citizen review board pursuant to Section
590 78-3g-103 ;
591 (d) any evidence regarding the efforts or progress demonstrated by the parent; and
592 (e) the extent to which the parent cooperated and availed himself of the services
593 provided.
594 (4) (a) With regard to a case where reunification services were ordered by the court, if
595 a minor is not returned to the minor's parent or guardian at the permanency hearing, the court
596 shall:
597 (i) order termination of reunification services to the parent;
598 (ii) make a final determination regarding whether termination of parental rights,
599 adoption, or permanent custody and guardianship is the most appropriate final plan for the
600 minor, taking into account the minor's primary permanency goal established by the court
601 pursuant to Section 78-3a-311 ; and
602 (iii) establish a concurrent plan that identifies the second most appropriate final plan
603 for the minor.
604 (b) If the Division of Child and Family Services documents to the court that there is a
605 compelling reason that adoption, reunification, guardianship, and kinship placement are not in
606 the minor's best interest, the court may order another planned permanent living arrangement, in
607 accordance with federal law.
608 (c) If the minor clearly desires contact with the parent, the court shall take the minor's
609 desire into consideration in determining the final plan.
610 (d) Consistent with Subsection (4)(e), the court may not extend reunification services
611 beyond 12 months from the date the minor was initially removed from the minor's home, in
612 accordance with the provisions of Section 78-3a-311 , except that the court may extend
613 reunification services for no more than 90 days if the court finds that:
614 (i) there has been substantial compliance with the child and family plan;
615 (ii) reunification is probable within that 90-day period; and
616 (iii) the extension is in the best interest of the minor.

617 (e) (i) In no event may any reunification services extend beyond 15 months from the
618 date the minor was initially removed from the minor's home.
619 (ii) Delay or failure of a parent to establish paternity or seek custody does not provide a
620 basis for the court to extend services for that parent beyond that 12-month period.
621 (f) The court may, in its discretion:
622 (i) enter any additional order that it determines to be in the best interest of the minor,
623 so long as that order does not conflict with the requirements and provisions of Subsections
624 (4)(a) through (e); or
625 (ii) order the division to provide protective supervision or other services to a minor and
626 the minor's family after the division's custody of a minor has been terminated.
627 (5) If the final plan for the minor is to proceed toward termination of parental rights,
628 the petition for termination of parental rights shall be filed, and a pretrial held, within 45
629 calendar days after the permanency hearing.
630 (6) (a) Any party to an action may, at any time, petition the court for an expedited
631 permanency hearing on the basis that continuation of reunification efforts are inconsistent with
632 the permanency needs of the minor.
633 (b) If the court so determines, it shall order, in accordance with federal law, that:
634 (i) the minor be placed in accordance with the permanency plan; and
635 (ii) whatever steps are necessary to finalize the permanent placement of the minor be
636 completed as quickly as possible.
637 (7) Nothing in this section may be construed to:
638 (a) entitle any parent to reunification services for any specified period of time;
639 (b) limit a court's ability to terminate reunification services at any time prior to a
640 permanency hearing; or
641 (c) limit or prohibit the filing of a petition for termination of parental rights by any
642 party, or a hearing on termination of parental rights, at any time prior to a permanency hearing.
643 (8) (a) Subject to Subsection (8)(b), if a petition for termination of parental rights is
644 filed prior to the date scheduled for a permanency hearing, the court may consolidate the
645 hearing on termination of parental rights with the permanency hearing.
646 (b) For purposes of Subsection (8)(a), if the court consolidates the hearing on
647 termination of parental rights with the permanency hearing:

648 (i) the court shall first make a finding regarding whether reasonable efforts have been
649 made by the Division of Child and Family Services to finalize the permanency goal for the
650 minor; and
651 (ii) any reunification services shall be terminated in accordance with the time lines
652 described in Section 78-3a-311 .
653 (c) A decision on a petition for termination of parental rights shall be made within 18
654 months from the day on which the minor is removed from the minor's home.
655 (9) If a court determines that a child will not be returned to a parent of the child, the
656 court shall consider appropriate placement options inside and outside of the state.
657 Section 8. Section 78-3a-314 is amended to read:
658 78-3a-314. All proceedings -- Persons entitled to be present.
659 (1) A child who is the subject of a juvenile court hearing, any person entitled to notice
660 pursuant to Section 78-3a-306 or 78-3a-309 , preadoptive parents, foster parents, and any
661 relative providing care for the child, are:
662 (a) entitled to notice[,] of, and to be present at, each hearing and proceeding held under
663 this part, including administrative and citizen reviews[,]; and [are entitled to an opportunity to
664 be heard.]
665 [(2) Because the child's foster parents have the right to notice, pursuant to Section
666 78-3a-309 , they have the right to be present at each and every hearing held under this part
667 including administrative and citizen reviews, and are entitled to an opportunity to be heard.]
668 (b) have a right to be heard at each hearing and proceeding described in Subsection
669 (1)(a).
670 [(3)] (2) A child shall be represented at each hearing by the guardian ad litem
671 appointed to [his] the child's case by the court. The child has a right to be present at each
672 hearing, subject to the discretion of the guardian ad litem or the court regarding any possible
673 detriment to the child.
674 [(4)] (3) (a) The parent or guardian of a child who is the subject of a petition under this
675 part has the right to be represented by counsel, and to present evidence, at each hearing.
676 (b) When it appears to the court that a parent or guardian of the child desires counsel
677 but is financially unable to afford and cannot for that reason employ counsel, and the child has
678 been placed in out-of-home care, or the petitioner is recommending that the child be placed in

679 out-of-home care, the court shall appoint counsel.
680 [(5)] (4) In every abuse, neglect, or dependency proceeding under this chapter, the
681 court shall order that the child be represented by a guardian ad litem, in accordance with
682 Section 78-3a-912 . The guardian ad litem shall represent the best interest of the child, in
683 accordance with the requirements of that section, at the shelter hearing and at all subsequent
684 court and administrative proceedings, including any proceeding for termination of parental
685 rights in accordance with Part 4, Termination of Parental Rights Act.
686 [(6)] (5) Notwithstanding any other provision of law, counsel for all parties to the
687 action shall be given access to all records, maintained by the division or any other state or local
688 public agency, that are relevant to the abuse, neglect, or dependency proceeding under this
689 chapter. If the natural parent of a child is representing himself, [he] the natural parent shall
690 have access to those records. The above disclosures are not required in the following
691 circumstances:
692 (a) The division or other state or local public agency did not originally create the record
693 being requested. In those circumstances, the person making the request under this section shall
694 be informed of the following:
695 (i) the existence of all records in the possession of the division or any other state or
696 local public agency;
697 (ii) the name and address of the person or agency that originally created the record; and
698 (iii) that [he] the person must seek access to the record from the person or agency that
699 originally created the record.
700 (b) Disclosure of the record would jeopardize the life or physical safety of a child who
701 has been a victim of child abuse or neglect, or any person who provided substitute care for the
702 child.
703 (c) Disclosure of the record would jeopardize the anonymity of the person or persons
704 making the initial report of abuse or neglect or any others involved in the subsequent
705 investigation.
706 (d) Disclosure of the record would jeopardize the life or physical safety of a person
707 who has been a victim of domestic violence.
708 [(7)] (6) (a) The appropriate foster care citizen review board shall be given access to all
709 records, maintained by the division or any other state or local public agency, that are relevant to

710 an abuse, neglect, or dependency proceeding under this chapter.
711 (b) Representatives of the appropriate foster care citizen review board are entitled to be
712 present at each hearing held under this part, but notice is not required to be provided.
713 Section 9. Section 78-30-3.5 is amended to read:
714 78-30-3.5. Preplacement and postplacement adoptive evaluations -- Exceptions.
715 (1) (a) Except as otherwise provided in this section, a child may not be placed in an
716 adoptive home until a preplacement adoptive evaluation, assessing the prospective adoptive
717 parent and the prospective adoptive home, has been conducted in accordance with the
718 requirements of this section.
719 (b) [The] Except as provided in Subsection (8), the court may, at any time, authorize
720 temporary placement of a child in a potential adoptive home pending completion of a
721 preplacement adoptive evaluation described in this section.
722 (c) Subsection (1)(a) does not apply if a birth parent has legal custody of the child to be
723 adopted and the prospective adoptive parent is related to that child as a step-parent, sibling by
724 half or whole blood or by adoption, grandparent, aunt, uncle, or first cousin, unless the
725 evaluation is otherwise requested by the court. The prospective adoptive parent described in
726 this Subsection (1)(c) shall, however, obtain the information described in Subsections (2)(a)
727 and (b), and file that documentation with the court prior to finalization of the adoption.
728 (d) The required preplacement adoptive evaluation must be completed or updated
729 within the 12-month period immediately preceding the placement of a child with the
730 prospective adoptive parent. If the prospective adoptive parent has previously received custody
731 of a child for the purpose of adoption, the preplacement adoptive evaluation must be completed
732 or updated within the 12-month period immediately preceding the placement of a child with the
733 prospective adoptive parent and after the placement of the previous child with the prospective
734 adoptive parent.
735 (2) The preplacement adoptive evaluation shall include:
736 (a) criminal history record information regarding each prospective adoptive parent and
737 any other adult living in the prospective home, prepared by [the Criminal Investigations and
738 Technical Services Division of the Department of Public Safety, in accordance with Section
739 53-10-108 ] a law enforcement agency based on a fingerprint criminal history check, no earlier
740 than 18 months immediately preceding placement of the child;

741 (b) a report prepared by the Department of Human Services containing all information
742 regarding reports and investigation of child abuse, neglect, and dependency, with respect to
743 each prospective adoptive parent and any other adult living in the prospective home, obtained
744 no earlier than 18 months immediately preceding placement of the child, pursuant to waivers
745 executed by those parties;
746 (c) an evaluation conducted by an expert in family relations approved by the court or a
747 certified social worker, clinical social worker, marriage and family therapist, psychologist,
748 professional counselor, or other court-determined expert in family relations, who is licensed to
749 practice under the laws of this state or under the laws of the state where the prospective
750 adoptive parent or other person living in the prospective adoptive home resides. The
751 evaluation shall be in a form approved by the Department of Human Services. Neither the
752 Department of Human Services nor any of its divisions may proscribe who qualifies as an
753 expert in family relations or who may conduct evaluations pursuant to this Subsection (2); and
754 (d) if the child to be adopted is a child who is in the custody of any public child welfare
755 agency, and is a child with special needs as defined in Subsection 62A-4a-902 (2), the
756 preplacement evaluation must be conducted by the Department of Human Services or a
757 licensed child placing agency which has entered into a contract with the department to conduct
758 the preplacement evaluations for children with special needs. Any fee assessed by the
759 evaluating agency is the responsibility of the adopting parent or parents.
760 (3) The person or agency conducting the preplacement adoptive evaluation shall, in
761 connection with the evaluation, provide the prospective adoptive parent or parents with
762 literature approved by the Division of Child and Family Services relating to adoption, and
763 including information relating to the adoption process, developmental issues that may require
764 early intervention, and community resources that are available to the adoptive parent or parents.
765 (4) A copy of the preplacement adoptive evaluation shall be filed with the court.
766 (5) (a) Except as provided in Subsections (5)(b) and (c), a postplacement evaluation
767 shall be conducted and submitted to the court prior to the final hearing in an adoption
768 proceeding. The postplacement evaluation shall include:
769 (i) verification of the allegations of fact contained in the petition for adoption;
770 (ii) an evaluation of the progress of the child's placement in the adoptive home; and
771 (iii) a recommendation regarding whether the adoption is in the best interest of the

772 child.
773 (b) The exemptions from and requirements for evaluations, described in Subsections
774 (1)(c), (2)(c), and (3), also apply to postplacement adoptive evaluations.
775 (c) Upon the request of the petitioner, the court may waive the postplacement adoptive
776 evaluation, unless it determines that it is in the best interest of the child to require the
777 postplacement evaluation. Except where the child to be adopted and the prospective parent are
778 related as set forth in Subsection (1)(c), the court may waive the postplacement adoptive
779 evaluation for a child with special needs as defined in Section 62A-4a-902 .
780 (6) If the person or agency conducting the evaluation disapproves the adoptive
781 placement, either in the preplacement or postplacement adoptive evaluation, the court may
782 dismiss the petition. However, upon request of a prospective adoptive parent, the court shall
783 order that an additional preplacement or postplacement adoptive evaluation be conducted, and
784 hold a hearing on the suitability of the adoption, including testimony of interested parties.
785 (7) Prior to finalization of a petition for adoption the court shall review and consider
786 the information and recommendations contained in the preplacement and postplacement
787 adoptive studies required by this section.
788 (8) Notwithstanding any other provision of this section, except as otherwise permitted
789 by federal law or rule, a child who is in the legal custody of the state may not be placed with a
790 prospective foster parent or a prospective adoptive parent, unless, before the child is placed
791 with the prospective foster parent or the prospective adoptive parent:
792 (a) a fingerprint based FBI national criminal history records check is conducted on the
793 prospective foster parent or prospective adoptive parent and each adult living in the home of
794 the prospective foster parent or prospective adoptive parent;
795 (b) the Department of Human Services conducts a check of the child abuse and neglect
796 registry in each state where the prospective foster parent or prospective adoptive parent resided
797 in the five years immediately preceding the day on which the prospective foster parent or
798 prospective adoptive parent applied to be a foster parent or adoptive parent, to determine
799 whether the prospective foster parent or prospective adoptive parent is listed in the registry as
800 having a substantiated or supported finding of child abuse or neglect;
801 (c) the Department of Human Services conducts a check of the child abuse and neglect
802 registry of each state where each adult living in the home of the prospective foster parent or

803 prospective adoptive parent described in Subsection (8)(b) resided in the five years
804 immediately preceding the day on which the prospective foster parent or prospective adoptive
805 parent applied to be a foster parent or adoptive parent, to determine whether the adult is listed
806 in the registry as having a substantiated or supported finding of child abuse or neglect; and
807 (d) each person required to undergo a background check described in this Subsection
808 (8) passes the background check, pursuant to the provisions of Section 62A-2-120 .
809 Section 10. Section 78-30-3.6 is amended to read:
810 78-30-3.6. Prospective parent not a resident -- Preplacement requirements.
811 (1) When an adoption petition is to be finalized in this state with regard to any
812 prospective adoptive parent who is not a resident of this state at the time a child is placed in
813 that person's home, the potential adoptive parent shall:
814 (a) comply with the provisions of Section 78-30-3.5 ; and
815 (b) submit fingerprints for a Federal Bureau of Investigation national criminal history
816 record check.
817 (2) The fingerprints referenced in Subsection (1)(b) shall be submitted to the Federal
818 Bureau of Investigation either:
819 (a) through the Criminal Investigations and Technical Services Division of the
820 Department of Public Safety in accordance with the provisions of Section 62A-2-120 ; or
821 (b) if the prospective adoptive parent is pursuing the adoption with a private attorney,
822 the request shall be submitted to the Federal Bureau of Investigation as a personal records
823 check, in accordance with procedures established by the Criminal Investigations and Technical
824 Services Division of the Department of Public Safety.
825 (3) In addition to the other requirements of this section, before a child in state custody
826 is placed with a prospective foster parent or a prospective adoptive parent, the Department of
827 Human Services shall comply with Subsections 78-30-3.5 (8)(a) through (d).




Legislative Review Note
as of 12-22-06 11:13 AM

Office of Legislative Research and General Counsel