Representative Edward H. Redd proposes the following substitute bill:


1     
ADOPTIVE STUDIES AND EVALUATIONS AMENDMENTS

2     
2016 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Edward H. Redd

5     
Senate Sponsor: Wayne A. Harper

6     

7     LONG TITLE
8     General Description:
9          This bill amends provisions related to adoptive evaluations.
10     Highlighted Provisions:
11          This bill:
12          ▸     addresses who may conduct a home study as part of a preplacement adoptive
13     evaluation;
14          ▸     requires a home study to contain certain information; and
15          ▸     makes technical and conforming changes.
16     Money Appropriated in this Bill:
17          None
18     Other Special Clauses:
19          None
20     Utah Code Sections Affected:
21     AMENDS:
22          78B-6-103, as last amended by Laws of Utah 2015, Chapters 137 and 194
23          78B-6-128, as last amended by Laws of Utah 2013, Chapter 458
24          78B-6-130, as enacted by Laws of Utah 2008, Chapter 3
25     

26     Be it enacted by the Legislature of the state of Utah:
27          Section 1. Section 78B-6-103 is amended to read:
28          78B-6-103. Definitions.
29          As used in this part:
30          (1) "Adoptee" means a person who:
31          (a) is the subject of an adoption proceeding; or
32          (b) has been legally adopted.
33          (2) "Adoption" means the judicial act that:
34          (a) creates the relationship of parent and child where it did not previously exist; and
35          (b) except as provided in Subsection 78B-6-138(2), terminates the parental rights of
36     any other person with respect to the child.
37          (3) "Adoption document" means an adoption-related document filed with the office, a
38     petition for adoption, a decree of adoption, an original birth certificate, or evidence submitted
39     in support of a supplementary birth certificate.
40          (4) "Adoption service provider" means [a]:
41          (a) a child-placing agency; [or]
42          (b) a licensed counselor who has at least one year of experience providing professional
43     social work services to:
44          (i) adoptive parents;
45          (ii) prospective adoptive parents; or
46          (iii) birth parents[.]; or
47          (c) the Office of Licensing within the Department of Human Services.
48          (5) "Adoptive parent" means a person who has legally adopted an adoptee.
49          (6) "Adult" means a person who is 18 years of age or older.
50          (7) "Adult adoptee" means an adoptee who is 18 years of age or older and was adopted
51     as a minor.
52          (8) "Adult sibling" means a brother or sister of the adoptee, who is 18 years of age or
53     older and whose birth mother or father is the same as that of the adoptee.
54          (9) "Birth mother" means the biological mother of a child.
55          (10) "Birth parent" means:
56          (a) a birth mother;
57          (b) a man whose paternity of a child is established;
58          (c) a man who:
59          (i) has been identified as the father of a child by the child's birth mother; and
60          (ii) has not denied paternity; or
61          (d) an unmarried biological father.
62          (11) "Child-placing agency" means an agency licensed to place children for adoption
63     under Title 62A, Chapter 4a, Part 6, Child Placing.
64          (12) "Cohabiting" means residing with another person and being involved in a sexual
65     relationship with that person.
66          (13) "Division" means the Division of Child and Family Services, within the
67     Department of Human Services, created in Section 62A-4a-103.
68          (14) "Extra-jurisdictional child-placing agency" means an agency licensed to place
69     children for adoption by a district, territory, or state of the United States, other than Utah.
70          (15) "Genetic and social history" means a comprehensive report, when obtainable, on
71     an adoptee's birth parents, aunts, uncles, and grandparents, which contains the following
72     information:
73          (a) medical history;
74          (b) health status;
75          (c) cause of and age at death;
76          (d) height, weight, and eye and hair color;
77          (e) ethnic origins;
78          (f) where appropriate, levels of education and professional achievement; and
79          (g) religion, if any.
80          (16) "Health history" means a comprehensive report of the adoptee's health status at the
81     time of placement for adoption, and medical history, including neonatal, psychological,
82     physiological, and medical care history.
83          (17) "Identifying information" means information in the possession of the office, which
84     contains the name and address of a pre-existing parent or adult adoptee, or other specific
85     information that by itself or in reasonable conjunction with other information may be used to
86     identify that person, including information on a birth certificate or in an adoption document.
87          (18) "Licensed counselor" means a person who is licensed by the state, or another state,
88     district, or territory of the United States as a:
89          (a) certified social worker;
90          (b) clinical social worker;
91          (c) psychologist;
92          (d) marriage and family therapist;
93          (e) professional counselor; or
94          (f) an equivalent licensed professional of another state, district, or territory of the
95     United States.
96          (19) "Man" means a male individual, regardless of age.
97          (20) "Mature adoptee" means an adoptee who is adopted when the adoptee is an adult.
98          (21) "Office" means the Office of Vital Records and Statistics within the Department
99     of Health operating under Title 26, Chapter 2, Utah Vital Statistics Act.
100          (22) "Parent," for purposes of Section 78B-6-119, means any person described in
101     Subsections 78B-6-120(1)(b) through (f) from whom consent for adoption or relinquishment
102     for adoption is required under Sections 78B-6-120 through 78B-6-122.
103          (23) "Potential birth father" means a man who:
104          (a) is identified by a birth mother as a potential biological father of the birth mother's
105     child, but whose genetic paternity has not been established; and
106          (b) was not married to the biological mother of the child described in Subsection
107     (23)(a) at the time of the child's conception or birth.
108          (24) "Pre-existing parent" means:
109          (a) a birth parent; or
110          (b) a person who, before an adoption decree is entered, is, due to an earlier adoption
111     decree, legally the parent of the child being adopted.
112          (25) "Prospective adoptive parent" means a person who seeks to adopt an adoptee.
113          (26) "Relative" means:
114          (a) an adult who is a grandparent, great grandparent, aunt, great aunt, uncle, great
115     uncle, brother-in-law, sister-in-law, stepparent, first cousin, stepsibling, sibling of a child, or
116     first cousin of the child's parent; and
117          (b) in the case of a child defined as an "Indian" under the Indian Child Welfare Act, 25
118     U.S.C. Sec. 1903, an "extended family member" as defined by that statute.
119          (27) "Unmarried biological father" means a person who:
120          (a) is the biological father of a child; and
121          (b) was not married to the biological mother of the child described in Subsection
122     (27)(a) at the time of the child's conception or birth.
123          Section 2. Section 78B-6-128 is amended to read:
124          78B-6-128. Preplacement adoptive evaluations -- Exceptions.
125          (1) (a) Except as otherwise provided in this section, a child may not be placed in an
126     adoptive home until a preplacement adoptive evaluation, assessing the prospective adoptive
127     parent and the prospective adoptive home, has been conducted in accordance with the
128     requirements of this section.
129          (b) Except as provided in Section 78B-6-131, the court may, at any time, authorize
130     temporary placement of a child in a [potential] prospective adoptive home pending completion
131     of a preplacement adoptive evaluation described in this section.
132          (c) (i) Subsection (1)(a) does not apply if a pre-existing parent has legal custody of the
133     child to be adopted and the prospective adoptive parent is related to that child or the
134     pre-existing parent as a stepparent, sibling by half or whole blood or by adoption, grandparent,
135     aunt, uncle, or first cousin, unless the preplacement adoptive evaluation is otherwise requested
136     by the court.
137          (ii) The prospective adoptive parent described in this Subsection (1)(c) shall obtain the
138     information described in Subsections (2)(a) and (b), and file that documentation with the court
139     prior to finalization of the adoption.
140          (d) (i) The [required] preplacement adoptive evaluation [must] shall be completed or
141     updated within the 12-month period immediately preceding the placement of a child with the
142     prospective adoptive parent.
143          (ii) If the prospective adoptive parent has previously received custody of a child for the
144     purpose of adoption, the preplacement adoptive evaluation [must] shall be completed or
145     updated within the 12-month period immediately preceding the placement of a child with the
146     prospective adoptive parent and after the placement of the previous child with the prospective
147     adoptive parent.
148          (2) The preplacement adoptive evaluation shall include:
149          (a) a criminal history [record information] background check regarding each
150     prospective adoptive parent and any other adult living in the prospective home, prepared no
151     earlier than 18 months immediately preceding placement of the child in accordance with the
152     following:
153          (i) if the child is in state custody, each prospective adoptive parent and any other adult
154     living in the prospective home shall[:] submit fingerprints to the Department of Human
155     Services, which shall perform a criminal history background check in accordance with Section
156     62A-2-120; or
157          [(A) submit fingerprints for a Federal Bureau of Investigation national criminal history
158     record check through the Criminal and Technical Services Division of the Department of
159     Public Safety in accordance with the provisions of Section 62A-2-120; or]
160          [(B) submit to a fingerprint based Federal Bureau of Investigation national criminal
161     history record check through a law enforcement agency in another state, district, or territory of
162     the United States; or]
163          (ii) subject to Subsection (3), if the child is not in state custody, each prospective
164     adoptive parent and any other adult living in the prospective home shall[: (A)] submit
165     fingerprints for a Federal Bureau of Investigation national criminal [history records check as a
166     personal records check; or] background check through the Criminal and Technical Services
167     Division of the Department of Public Safety;
168          [(B) complete a criminal records check, if available, for each state and country where
169     the prospective adoptive parent and any adult living in the prospective adoptive home resided
170     during the five years immediately preceding the day on which the adoption petition is to be
171     finalized;]
172          (b) a report containing all information regarding reports and investigations of child
173     abuse, neglect, and dependency, with respect to each prospective adoptive parent and any other
174     adult living in the prospective home, obtained no earlier than 18 months immediately preceding
175     the day on which the child is placed in the prospective home, pursuant to waivers executed by
176     each prospective adoptive parent and any other adult living in the prospective home, that:
177          (i) if the prospective adoptive parent or the adult living in the prospective adoptive
178     parent's home is a resident of Utah, is prepared by the Department of Human Services from the
179     records of the Department of Human Services; or
180          (ii) if the prospective adoptive parent or the adult living in the prospective adoptive
181     parent's home is not a resident of Utah, prepared by the Department of Human Services, or a
182     similar agency in another state, district, or territory of the United States, where each
183     prospective adoptive parent and any other adult living in the prospective home resided in the
184     five years immediately preceding the day on which the child is placed in the prospective
185     adoptive home;
186          (c) in accordance with Subsection (6), [an evaluation] a home study conducted by an
187     adoption service provider that is:
188          (i) an expert in family relations approved by the court;
189          (ii) a certified social worker;
190          (iii) a clinical social worker;
191          (iv) a marriage and family therapist;
192          (v) a psychologist;
193          (vi) a social service worker, if supervised by a certified or clinical social worker; [or]
194          (vii) a professional counselor; [and] or
195          (viii) an Office of Licensing employee within the Department of Human Services who
196     is trained to perform a home study; and
197          (d) in accordance with Subsection (7), if the child to be adopted is a child who is in the
198     custody of any public child welfare agency, and is a child who has a special need as defined in
199     Section 62A-4a-902, the preplacement adoptive evaluation shall be conducted by the
200     Department of Human Services or a child-placing agency that has entered into a contract with
201     the department to conduct the preplacement adoptive evaluations for children with special
202     needs.
203          (3) For purposes of Subsection (2)(a)(ii)[: (a) if the adoption is being handled by a
204     human services program, as defined in Section 62A-2-101: (i) the criminal history check
205     described in Subsection (2)(a)(ii)(A) shall be submitted through the Criminal Investigations
206     and Technical Services Division of the Department of Public Safety, in accordance with the
207     provisions of Section 62A-2-120; and (ii)], subject to Subsection (4), the criminal [history]
208     background check described in Subsection (2)(a)(ii)[(B)] shall be submitted in a manner
209     acceptable to the court that will:
210          [(A)] (a) preserve the chain of custody of the results; and
211          [(B)] (b) not permit tampering with the results by a prospective adoptive parent or
212     other interested party[; and].
213          [(b) if the adoption is being handled by a private attorney, and not a human services
214     program, the criminal history checks described in Subsection (2)(a)(ii) shall be:]
215          [(i) submitted in accordance with procedures established by the Criminal Investigations
216     and Technical Services Division of the Department of Public Safety; or]
217          [(ii) subject to Subsection (4), submitted in a manner acceptable to the court that will:]
218          [(A) preserve the chain of custody of the results; and]
219          [(B) not permit tampering with the results by a prospective adoptive parent or other
220     interested party.]
221          (4) In order to comply with Subsection (3)[(a)(ii) or (b)(ii)], the manner in which the
222     criminal [history] background check is submitted shall be approved by the court.
223          (5) Except as provided in Subsection 78B-6-131(2), in addition to the other
224     requirements of this section, before a child in state custody is placed with a prospective foster
225     parent or a prospective adoptive parent, the Department of Human Services shall comply with
226     Section 78B-6-131.
227          (6) (a) [A person] An individual described in [Subsection (2)(c)] Subsections (2)(c)(i)
228     through (vii) shall be licensed to practice under the laws of:
229          (i) this state; or
230          (ii) the state, district, or territory of the United States where the prospective adoptive
231     parent or other person living in the prospective adoptive home resides.
232          [(b) The evaluation described in Subsection (2)(c) shall be in a form approved by the
233     Department of Human Services.]
234          [(c)] (b) Neither the Department of Human Services nor any of its divisions may
235     proscribe who qualifies as an expert in family relations or who may conduct [evaluations] a
236     home study under Subsection (2)(c).
237          (c) The home study described in Subsection (2)(c) shall be a written document that
238     contains the following:
239          (i) a recommendation to the court regarding the suitability of the prospective adoptive
240     parent for placement of a child;
241          (ii) a description of in-person interviews with the prospective adoptive parent, the
242     prospective adoptive parent's children, and other individuals living in the home;
243          (iii) a description of character and suitability references from at least two individuals
244     who are not related to the prospective adoptive parent and from at least one individual who is
245     related to the prospective adoptive parent;
246          (iv) a medical history and a doctor's report, based upon a doctor's physical examination
247     of the prospective adoptive parent, made within two years prior to the date of the application;
248     and
249          (v) a description of an inspection of the home to determine whether sufficient space
250     and facilities to meet the needs of the child exist and whether basic health and safety standards
251     are maintained.
252          (7) Any fee assessed by the evaluating agency described in Subsection (2)(d) is the
253     responsibility of the adopting parent or parents.
254          (8) The person [or agency] conducting the preplacement adoptive evaluation shall, in
255     connection with the preplacement adoptive evaluation, provide the prospective adoptive parent
256     or parents with literature approved by the Division of Child and Family Services relating to
257     adoption, including information relating to:
258          (a) the adoption process;
259          (b) developmental issues that may require early intervention; and
260          (c) community resources that are available to the prospective adoptive parent or
261     parents.
262          (9) A copy of the preplacement adoptive evaluation shall be filed with the court.
263          Section 3. Section 78B-6-130 is amended to read:
264          78B-6-130. Preplacement and postplacement adoptive evaluations -- Review by
265     court.
266          (1) (a) If the person [or agency] conducting the preplacement adoptive evaluation or
267     postplacement adoptive evaluation disapproves the adoptive placement, [either in the
268     preplacement or postplacement adoptive evaluation,] the court may dismiss the petition for
269     adoption. [However,]
270          (b) Upon request [of] by a prospective adoptive parent, the court shall order that an
271     additional preplacement adoptive evaluation or postplacement adoptive evaluation be
272     conducted, and shall hold a hearing on the suitability of the adoption, including testimony of
273     interested parties.
274          (2) Prior to finalization of a petition for adoption the court shall review and consider
275     the information and recommendations contained in the preplacement adoptive evaluation and
276     postplacement adoptive [studies required by] evaluation described in Sections 78B-6-128 and
277     78B-6-129.
278          (3) With respect to the home study required as part of the preplacement adoptive
279     evaluation described in Subsection 78B-6-128(2)(c), a court may review and consider
280     information other than the information contained in the home study described in Subsection
281     78B-6-128(6)(c).