7 LONG TITLE
8 General Description:
9 This bill enacts and amends provisions relating to child-placing agencies.
10 Highlighted Provisions:
11 This bill:
12 ▸ establishes ethical standards for a child-placing agency;
13 ▸ requires the Utah Department of Human Services, Office of Licensing, to establish
14 certain rules creating minimum ethical responsibilities;
15 ▸ defines "child-placing agency"; and
16 ▸ makes conforming amendments.
17 Money Appropriated in this Bill:
19 Other Special Clauses:
21 Utah Code Sections Affected:
23 59-10-1005, as last amended by Laws of Utah 2016, Chapter 375
24 62A-2-101, as last amended by Laws of Utah 2016, Chapters 122, 211, and 342
25 62A-2-106, as last amended by Laws of Utah 2016, Chapters 211 and 342
26 62A-2-108.5, as enacted by Laws of Utah 2008, Chapter 314
27 62A-4a-205.6, as last amended by Laws of Utah 2015, Chapter 322
28 62A-4a-601, as last amended by Laws of Utah 2006, Chapter 281
29 62A-4a-602, as last amended by Laws of Utah 2008, Chapter 3
30 62A-4a-605, as renumbered and amended by Laws of Utah 1994, Chapter 260
31 62A-4a-606, as last amended by Laws of Utah 2007, Chapter 81
32 62A-4a-607, as last amended by Laws of Utah 2015, Chapter 322
33 78B-6-106, as renumbered and amended by Laws of Utah 2008, Chapter 3
34 78B-6-110.1, as enacted by Laws of Utah 2012, Chapter 340
35 78B-6-124, as last amended by Laws of Utah 2008, Chapter 137 and renumbered and
36 amended by Laws of Utah 2008, Chapter 3
37 78B-6-134, as last amended by Laws of Utah 2013, Chapter 458
39 Be it enacted by the Legislature of the state of Utah:
40 Section 1. Section 59-10-1005 is amended to read:
41 59-10-1005. Tax credit for at-home parent.
42 (1) As used in this section:
43 (a) "At-home parent" means a parent:
44 (i) who provides full-time care at the parent's residence for one or more of the parent's
45 own qualifying children;
46 (ii) who claims the qualifying child as a dependent on the parent's individual income
47 tax return for the taxable year for which the parent claims the credit; and
48 (iii) if the sum of the following amounts are $3,000 or less for the taxable year for
49 which the parent claims the credit:
50 (A) the total wages, tips, and other compensation listed on all of the parent's federal
51 Forms W-2; and
52 (B) the gross income listed on the parent's federal Form 1040 Schedule C, Profit or
53 Loss From Business.
54 (b) "Parent" means an individual who:
55 (i) is the biological mother or father of a qualifying child;
56 (ii) is the stepfather or stepmother of a qualifying child;
57 (iii) (A) legally adopts a qualifying child; or
58 (B) has a qualifying child placed in the individual's home:
59 (I) by a [
60 62A-2-101; and
61 (II) for the purpose of legally adopting the child;
62 (iv) is a foster parent of a qualifying child; or
63 (v) is a legal guardian of a qualifying child.
64 (c) "Qualifying child" means a child who is no more than 12 months of age on the last
65 day of the taxable year for which the tax credit is claimed.
66 (2) For a taxable year beginning on or after January 1, 2000, a claimant may claim on
67 the claimant's individual income tax return a nonrefundable tax credit of $100 for each
68 qualifying child if:
69 (a) the claimant or another claimant filing a joint individual income tax return with the
70 claimant is an at-home parent; and
71 (b) the adjusted gross income of all of the claimants filing the individual income tax
72 return is less than or equal to $50,000.
73 (3) A claimant may not carry forward or carry back a tax credit authorized by this
75 (4) (a) In accordance with any rules prescribed by the commission under Subsection
76 (4)(b), the Division of Finance shall transfer at least annually from the General Fund into the
77 Education Fund the aggregate amount of all tax credits claimed under this section.
78 (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
79 commission may make rules for making a transfer from the General Fund into the Education
80 Fund as required by Subsection (4)(a).
81 Section 2. Section 62A-2-101 is amended to read:
82 62A-2-101. Definitions.
83 As used in this chapter:
84 (1) "Adult day care" means nonresidential care and supervision:
85 (a) for three or more adults for at least four but less than 24 hours a day; and
86 (b) that meets the needs of functionally impaired adults through a comprehensive
87 program that provides a variety of health, social, recreational, and related support services in a
88 protective setting.
89 (2) "Applicant" means a person who applies for an initial license or a license renewal
90 under this chapter.
91 (3) (a) "Associated with the licensee" means that an individual is:
92 (i) affiliated with a licensee as an owner, director, member of the governing body,
93 employee, agent, provider of care, department contractor, or volunteer; or
94 (ii) applying to become affiliated with a licensee in a capacity described in Subsection
96 (b) "Associated with the licensee" does not include:
97 (i) service on the following bodies, unless that service includes direct access to a child
98 or a vulnerable adult:
99 (A) a local mental health authority described in Section 17-43-301;
100 (B) a local substance abuse authority described in Section 17-43-201; or
101 (C) a board of an organization operating under a contract to provide mental health or
102 substance abuse programs, or services for the local mental health authority or substance abuse
103 authority; or
104 (ii) a guest or visitor whose access to a child or a vulnerable adult is directly supervised
105 at all times.
106 (4) (a) "Boarding school" means a private school that:
107 (i) uses a regionally accredited education program;
108 (ii) provides a residence to the school's students:
109 (A) for the purpose of enabling the school's students to attend classes at the school; and
110 (B) as an ancillary service to educating the students at the school;
111 (iii) has the primary purpose of providing the school's students with an education, as
112 defined in Subsection (4)(b)(i); and
113 (iv) (A) does not provide the treatment or services described in Subsection [
114 (29)(a); or
115 (B) provides the treatment or services described in Subsection [
116 limited basis, as described in Subsection (4)(b)(ii).
117 (b) (i) For purposes of Subsection (4)(a)(iii), "education" means a course of study for
118 one or more of grades kindergarten through 12th grade.
119 (ii) For purposes of Subsection (4)(a)(iv)(B), a private school provides the treatment or
120 services described in Subsection [
121 (A) the treatment or services described in Subsection [
122 as an incidental service to a student; and
123 (B) the school does not:
124 (I) specifically solicit a student for the purpose of providing the treatment or services
125 described in Subsection [
126 (II) have a primary purpose of providing the treatment or services described in
127 Subsection [
128 (c) "Boarding school" does not include a therapeutic school.
129 (5) "Child" means a person under 18 years of age.
130 (6) "Child placing" means receiving, accepting, or providing custody or care for [
131 child, temporarily or permanently, for the purpose of:
132 (a) finding a person to adopt the child;
133 (b) placing the child in a home for adoption; or
134 (c) foster home placement.
135 (7) "Child-placing agency" means a person that engages in child placing.
139 (a) a client less than 24 hours a day; and
140 (b) four or more persons who:
141 (i) are unrelated to the owner or provider; and
142 (ii) have emotional, psychological, developmental, physical, or behavioral
143 dysfunctions, impairments, or chemical dependencies.
146 (a) provides services under a contract with the department; and
147 (b) due to the contract with the department, has or will likely have direct access to a
148 child or vulnerable adult.
150 (a) contact with or access to a child or vulnerable adult that provides the individual
151 with an opportunity for personal communication or touch; or
152 (b) an opportunity to view medical, financial, or other confidential personal identifying
153 information of the child, the child's parents or legal guardians, or the vulnerable adult.
155 the uninterrupted visual and auditory surveillance of another individual who has a current
156 background screening approval issued by the office.
161 designed to provide psychological treatment and educational services to perpetrators and
162 victims of domestic violence.
166 care of:
167 (a) (i) fewer than five foster children in the home of a licensed foster parent; or
168 (ii) five or more foster children in the home of a licensed foster parent if there are no
169 foster children or if there is one foster child in the home at the time of the placement of a
170 sibling group; or
171 (b) (i) fewer than four foster children in the home of a certified foster parent; or
172 (ii) four or more foster children in the home of a certified foster parent if there are no
173 foster children or if there is one foster child in the home at the time of the placement of a
174 sibling group.
176 (i) foster home;
177 (ii) therapeutic school;
178 (iii) youth program;
179 (iv) resource family home;
180 (v) recovery residence; or
181 (vi) facility or program that provides:
182 (A) secure treatment;
183 (B) inpatient treatment;
184 (C) residential treatment;
185 (D) residential support;
186 (E) adult day care;
187 (F) day treatment;
188 (G) outpatient treatment;
189 (H) domestic violence treatment;
190 (I) [
191 (J) social detoxification; or
192 (K) any other human services that are required by contract with the department to be
193 licensed with the department.
194 (b) "Human services program" does not include a boarding school.
196 the office.
202 counseling designed to improve and enhance social or psychological functioning for those
203 whose physical and emotional status allows them to continue functioning in their usual living
206 least two of the following requirements:
207 (i) provides a supervised living environment for individuals recovering from a
208 substance abuse disorder;
209 (ii) provides a living environment in which more than half of the individuals in the
210 residence are recovering from a substance abuse disorder;
211 (iii) provides or arranges for residents to receive services related to their recovery from
212 a substance abuse disorder, either on or off site;
213 (iv) is held out as a living environment in which individuals recovering from substance
214 abuse disorders live together to encourage continued sobriety; or
215 (v) (A) receives public funding; or
216 (B) is run as a business venture, either for-profit or not-for-profit.
217 (b) "Recovery residence" does not mean:
218 (i) a residential treatment program;
219 (ii) residential support; or
220 (iii) a home, residence, or facility, in which:
221 (A) residents, by their majority vote, establish, implement, and enforce policies
222 governing the living environment, including the manner in which applications for residence are
223 approved and the manner in which residents are expelled;
224 (B) residents equitably share rent and housing-related expenses; and
225 (C) a landlord, owner, or operator does not receive compensation, other than fair
226 market rental income, for establishing, implementing, or enforcing policies governing the
227 living environment.
229 (a) the hours during which services of any kind are provided to a client; or
230 (b) the hours during which a client is present at the facility of a licensee.
232 life as a protective service to individuals or families who have a disability or who are
233 experiencing a dislocation or emergency that prevents them from providing these services for
234 themselves or their families.
235 (b) "Residential support" includes providing a supervised living environment for
236 persons with dysfunctions or impairments that are:
237 (i) emotional;
238 (ii) psychological;
239 (iii) developmental; or
240 (iv) behavioral.
241 (c) Treatment is not a necessary component of residential support.
242 (d) "Residential support" does not include:
243 (i) a recovery residence; or
244 (ii) residential services that are performed:
245 (A) exclusively under contract with the Division of Services for People with
246 Disabilities; or
247 (B) in a facility that serves fewer than four individuals.
249 four or more individuals unrelated to the owner or provider that offers room or board and
250 specialized treatment, behavior modification, rehabilitation, discipline, emotional growth, or
251 habilitation services for persons with emotional, psychological, developmental, or behavioral
252 dysfunctions, impairments, or chemical dependencies.
253 (b) "Residential treatment" does not include a:
254 (i) boarding school;
255 (ii) foster home; or
256 (iii) recovery residence.
259 (a) residential treatment; or
260 (b) secure treatment.
262 care for persons whose current functioning is such that they cannot live independently or in a
263 less restrictive environment.
264 (b) "Secure treatment" differs from residential treatment to the extent that it requires
265 intensive supervision, locked doors, and other security measures that are imposed on residents
266 with neither their consent nor control.
268 who are experiencing or have recently experienced drug or alcohol intoxication, that are
269 provided outside of a health care facility licensed under Title 26, Chapter 21, Health Care
270 Facility Licensing and Inspection Act, and that include:
271 (a) room and board for persons who are unrelated to the owner or manager of the
273 (b) specialized rehabilitation to acquire sobriety; and
274 (c) aftercare services.
276 (a) designed to provide:
277 (i) specialized drug or alcohol treatment;
278 (ii) rehabilitation; or
279 (iii) habilitation services; and
280 (b) that provides the treatment or services described in Subsection [
281 persons with:
282 (i) a diagnosed substance abuse disorder; or
283 (ii) chemical dependency disorder.
285 (a) for four or more individuals that are not related to:
286 (i) the owner of the facility; or
287 (ii) the primary service provider of the facility;
288 (b) that serves students who have a history of failing to function:
289 (i) at home;
290 (ii) in a public school; or
291 (iii) in a nonresidential private school; and
292 (c) that offers:
293 (i) room and board; and
294 (ii) an academic education integrated with:
295 (A) specialized structure and supervision; or
296 (B) services or treatment related to:
297 (I) a disability;
298 (II) emotional development;
299 (III) behavioral development;
300 (IV) familial development; or
301 (V) social development.
303 grandparents, brothers, sisters, uncles, or aunts.
305 permanent mental or physical impairment that substantially affects the person's ability to:
306 (a) provide personal protection;
307 (b) provide necessities such as food, shelter, clothing, or mental or other health care;
308 (c) obtain services necessary for health, safety, or welfare;
309 (d) carry out the activities of daily living;
310 (e) manage the adult's own resources; or
311 (f) comprehend the nature and consequences of remaining in a situation of abuse,
312 neglect, or exploitation.
314 behavioral, substance abuse, or mental health services to minors that:
315 (i) serves adjudicated or nonadjudicated youth;
316 (ii) charges a fee for its services;
317 (iii) may or may not provide host homes or other arrangements for overnight
318 accommodation of the youth;
319 (iv) may or may not provide all or part of its services in the outdoors;
320 (v) may or may not limit or censor access to parents or guardians; and
321 (vi) prohibits or restricts a minor's ability to leave the program at any time of the
322 minor's own free will.
323 (b) "Youth program" does not include recreational programs such as Boy Scouts, Girl
324 Scouts, 4-H, and other such organizations.
325 Section 3. Section 62A-2-106 is amended to read:
326 62A-2-106. Office responsibilities.
327 (1) Subject to the requirements of federal and state law, the office shall:
328 (a) make rules in accordance with Title 63G, Chapter 3, Utah Administrative
329 Rulemaking Act, to establish:
330 (i) except as provided in Subsection (1)(a)(ii), basic health and safety standards for
331 licensees, that shall be limited to:
332 (A) fire safety;
333 (B) food safety;
334 (C) sanitation;
335 (D) infectious disease control;
336 (E) safety of the:
337 (I) physical facility and grounds; and
338 (II) area and community surrounding the physical facility;
339 (F) transportation safety;
340 (G) emergency preparedness and response;
341 (H) the administration of medical standards and procedures, consistent with the related
342 provisions of this title;
343 (I) staff and client safety and protection;
344 (J) the administration and maintenance of client and service records;
345 (K) staff qualifications and training, including standards for permitting experience to
346 be substituted for education, unless prohibited by law;
347 (L) staff to client ratios;
348 (M) access to firearms; and
349 (N) the prevention of abuse, neglect, exploitation, harm, mistreatment, or fraud;
350 (ii) basic health and safety standards for therapeutic schools, that shall be limited to:
351 (A) fire safety, except that the standards are limited to those required by law or rule
352 under Title 53, Chapter 7, Part 2, Fire Prevention and Fireworks Act;
353 (B) food safety;
354 (C) sanitation;
355 (D) infectious disease control, except that the standards are limited to:
356 (I) those required by law or rule under Title 26, Utah Health Code, or Title 26A, Local
357 Health Authorities; and
358 (II) requiring a separate room for clients who are sick;
359 (E) safety of the physical facility and grounds, except that the standards are limited to
360 those required by law or rule under Title 53, Chapter 7, Part 2, Fire Prevention and Fireworks
362 (F) transportation safety;
363 (G) emergency preparedness and response;
364 (H) access to appropriate medical care, including:
365 (I) subject to the requirements of law, designation of a person who is authorized to
366 dispense medication; and
367 (II) storing, tracking, and securing medication;
368 (I) staff and client safety and protection that permits the school to provide for the direct
369 supervision of clients at all times;
370 (J) the administration and maintenance of client and service records;
371 (K) staff qualifications and training, including standards for permitting experience to
372 be substituted for education, unless prohibited by law;
373 (L) staff to client ratios;
374 (M) access to firearms; and
375 (N) the prevention of abuse, neglect, exploitation, harm, mistreatment, or fraud;
376 (iii) procedures and standards for permitting a licensee to:
377 (A) provide in the same facility and under the same conditions as children, residential
378 treatment services to a person 18 years old or older who:
379 (I) begins to reside at the licensee's residential treatment facility before the person's
380 18th birthday;
381 (II) has resided at the licensee's residential treatment facility continuously since the
382 time described in Subsection (1)(a)(iii)(A)(I);
383 (III) has not completed the course of treatment for which the person began residing at
384 the licensee's residential treatment facility; and
385 (IV) voluntarily consents to complete the course of treatment described in Subsection
386 (1)(a)(iii)(A)(III); or
387 (B) (I) provide residential treatment services to a child who is:
388 (Aa) 12 years old or older; and
389 (Bb) under the custody of the Department of Human Services, or one of its divisions;
391 (II) provide, in the same facility as a child described in Subsection (1)(a)(iii)(B)(I),
392 residential treatment services to a person who is:
393 (Aa) at least 18 years old, but younger than 21 years old; and
394 (Bb) under the custody of the Department of Human Services, or one of its divisions;
395 (iv) minimum administration and financial requirements for licensees;
396 (v) guidelines for variances from rules established under this Subsection (1);
397 (vi) [
398 Subsection 78B-6-106(3), and minimum responsibilities of a child-placing agency that
399 provides adoption services and that is licensed under this chapter[
401 (vii) what constitutes an "outpatient treatment program" for purposes of this chapter;
402 (viii) a procedure requiring a licensee to provide an insurer the licensee's records
403 related to any services or supplies billed to the insurer, and a procedure allowing the licensee
404 and the insurer to contact the Insurance Department to resolve any disputes;
405 (ix) a protocol for the office to investigate and process complaints about licensees; and
406 (x) a procedure for licensees to report incidents;
407 (b) enforce rules relating to the office;
408 (c) issue licenses in accordance with this chapter;
409 (d) if the United States Department of State executes an agreement with the office that
410 designates the office to act as an accrediting entity in accordance with the Intercountry
411 Adoption Act of 2000, Pub. L. No. 106-279, accredit one or more agencies and persons to
412 provide intercountry adoption services pursuant to:
413 (i) the Intercountry Adoption Act of 2000, Pub. L. No. 106-279; and
414 (ii) the implementing regulations for the Intercountry Adoption Act of 2000, Pub. L.
415 No. 106-279;
416 (e) make rules to implement the provisions of Subsection (1)(d);
417 (f) conduct surveys and inspections of licensees and facilities in accordance with
418 Section 62A-2-118;
419 (g) collect licensure fees;
420 (h) notify licensees of the name of a person within the department to contact when
421 filing a complaint;
422 (i) investigate complaints regarding any licensee or human services program;
423 (j) have access to all records, correspondence, and financial data required to be
424 maintained by a licensee;
425 (k) have authority to interview any client, family member of a client, employee, or
426 officer of a licensee;
427 (l) have authority to deny, condition, revoke, suspend, or extend any license issued by
428 the department under this chapter by following the procedures and requirements of Title 63G,
429 Chapter 4, Administrative Procedures Act;
430 (m) electronically post notices of agency action issued to a human services program,
431 with the exception of a foster home, on the office's website, in accordance with Title 63G,
432 Chapter 2, Government Records Access and Management Act; and
433 (n) upon receiving a local government's request under Section 62A-2-108.4, notify the
434 local government of new human services program license applications, except for foster
435 homes, for human services programs located within the local government's jurisdiction.
436 (2) In establishing rules under Subsection (1)(a)(ii)(G), the office shall require a
437 licensee to establish and comply with an emergency response plan that requires clients and staff
439 (a) immediately report to law enforcement any significant criminal activity, as defined
440 by rule, committed:
441 (i) on the premises where the licensee operates its human services program;
442 (ii) by or against its clients; or
443 (iii) by or against a staff member while the staff member is on duty;
444 (b) immediately report to emergency medical services any medical emergency, as
445 defined by rule:
446 (i) on the premises where the licensee operates its human services program;
447 (ii) involving its clients; or
448 (iii) involving a staff member while the staff member is on duty; and
449 (c) immediately report other emergencies that occur on the premises where the licensee
450 operates its human services program to the appropriate emergency services agency.
451 Section 4. Section 62A-2-108.5 is amended to read:
452 62A-2-108.5. Notification requirement for child-placing agencies that provide
453 foster home services -- Rulemaking authority.
454 (1) The office shall require a [
455 home services to notify a foster parent that if the foster parent signs as the responsible adult for
456 a foster child to receive a driver license under Section 53-3-211:
457 (a) the foster parent is jointly and severally liable with the minor for civil compensatory
458 damages caused by the minor when operating a motor vehicle upon a highway as provided
459 under Subsections 53-3-211(2) and (4); and
460 (b) the foster parent may file with the Driver License Division a verified written
461 request that the learner permit or driver license be canceled in accordance with Section
462 53-3-211 if the foster child no longer resides with the foster parent.
463 (2) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
464 office may make rules establishing the procedures for a [
465 provide the notification required under this section.
466 Section 5. Section 62A-4a-205.6 is amended to read:
467 62A-4a-205.6. Adoptive placement time frame -- Contracting with agencies.
468 (1) With regard to a child who has a primary permanency plan of adoption or for whom
469 a final plan for pursuing termination of parental rights has been approved in accordance with
470 Section 78A-6-314, the division shall make intensive efforts to place the child in an adoptive
471 home within 30 days of the earlier of:
472 (a) approval of the final plan; or
473 (b) establishment of the primary permanency plan.
474 (2) If within the time periods described in Subsection (1) the division is unable to
475 locate a suitable adoptive home, it shall contract with licensed [
476 agencies to search for an appropriate adoptive home for the child, and to place the child for
477 adoption. The division shall comply with the requirements of Section 62A-4a-607 and contract
478 with a variety of child placing agencies licensed under Title 62A, Chapter 4a, Part 6, Child
479 Placing. In accordance with federal law, the division shall develop plans for the effective use
480 of cross-jurisdictional resources to facilitate timely adoptive or permanent placements for
481 waiting children.
482 (3) The division shall ensure that children who are adopted and were previously in its
483 custody, continue to receive the medical and mental health coverage that they are entitled to
484 under state and federal law.
485 (4) The division may not consider a prospective adoptive parent's willingness or
486 unwillingness to enter a postadoption contact agreement under Section 78B-6-146 as a
487 condition of placing a child with the prospective adoptive parent.
488 Section 6. Section 62A-4a-601 is amended to read:
489 62A-4a-601. Definitions.
490 For purposes of this part:
498 (1) "Child placing" means the same as that term is defined in Section 62A-2-101.
499 (2) "Child-placing agency" means the same as that term is defined in Section
501 Section 7. Section 62A-4a-602 is amended to read:
502 62A-4a-602. Licensure requirements -- Prohibited acts.
503 (1) No person[
504 engage in child placing, or solicit money or other assistance for child placing, without a valid
505 license issued by the Office of Licensing, in accordance with Chapter 2, Licensure of Programs
506 and Facilities. When a [
507 in accordance with that chapter, the care, control, or custody of any child who has been in the
508 care, control, or custody of that agency shall be transferred to the division.
509 (2) (a) An attorney, physician, or other person may assist a parent in identifying or
510 locating a person interested in adopting the parent's child, or in identifying or locating a child to
511 be adopted. However, no payment, charge, fee, reimbursement of expense, or exchange of
512 value of any kind, or promise or agreement to make the same, may be made for that assistance.
513 (b) An attorney, physician, or other person may not:
514 (i) issue or cause to be issued to any person a card, sign, or device indicating that he is
515 available to provide that assistance;
516 (ii) cause, permit, or allow any sign or marking indicating that he is available to
517 provide that assistance, on or in any building or structure;
518 (iii) announce or cause, permit, or allow an announcement indicating that he is
519 available to provide that assistance, to appear in any newspaper, magazine, directory, or on
520 radio or television; or
521 (iv) advertise by any other means that he is available to provide that assistance.
522 (3) Nothing in this part precludes payment of fees for medical, legal, or other lawful
523 services rendered in connection with the care of a mother, delivery and care of a child, or
524 lawful adoption proceedings; and no provision of this part abrogates the right of procedures for
525 independent adoption as provided by law.
526 (4) In accordance with federal law, only agents or employees of the division and of
527 licensed child placing agencies may certify to the United States Immigration and Naturalization
528 Service that a family meets the division's preadoption requirements.
529 (5) (a) Beginning May 1, 2000, neither a licensed [
530 nor any attorney practicing in this state may place a child for adoption, either temporarily or
531 permanently, with any individual or individuals that would not be qualified for adoptive
532 placement pursuant to the provisions of Sections 78B-6-117, 78B-6-102, and 78B-6-137.
533 (b) Beginning May 1, 2000, the division, as a licensed [
534 agency, may not place a child in foster care with any individual or individuals that would not
535 be qualified for adoptive placement pursuant to the provisions of Sections 78B-6-117,
536 78B-6-102, and 78B-6-137. However, nothing in this Subsection (5)(b) limits the placement of
537 a child in foster care with the child's biological or adoptive parent.
538 (c) Beginning May 1, 2000, with regard to children who are in the custody of the state,
539 the division shall establish a policy providing that priority for foster care and adoptive
540 placement shall be provided to families in which both a man and a woman are legally married
541 under the laws of this state. However, nothing in this Subsection (5)(c) limits the placement of
542 a child with the child's biological or adoptive parent.
543 Section 8. Section 62A-4a-605 is amended to read:
544 62A-4a-605. Establishing proof of authority.
545 A [
546 under Chapter 2, Licensure of Programs and Facilities, or its certificate of incorporation, or
547 proof of its authority to consent to adoption, as proof of its authority in any proceeding in
548 which it is an interested party, unless the court or a party to the proceeding requests that the
549 agency or its representative establish proof of authority.
550 Section 9. Section 62A-4a-606 is amended to read:
551 62A-4a-606. Child-placing agency responsibility for educational services --
552 Payment of costs.
553 (1) A [
554 Subsections 53A-11-101.5(2) and 53A-11-101.7(1) are met through the provision of
555 appropriate educational services for all children served in the state by the agency.
556 (2) If the educational services are to be provided through a public school, and:
557 (a) the custodial parent or legal guardian resides outside the state, then the child
558 placing agency shall pay all educational costs required under Sections 53A-2-205 and
559 53A-12-102; or
560 (b) the custodial parent or legal guardian resides within the state, then the child placing
561 agency shall pay all educational costs required under Section 53A-12-102.
562 (3) Children in the custody or under the care of a Utah state agency are exempt from
563 the payment of fees required under Subsection (2).
564 (4) A public school shall admit any child living within its school boundaries who is
565 under the supervision of a child placing agency upon payment by the agency of the tuition and
566 fees required under Subsection (2).
567 Section 10. Section 62A-4a-607 is amended to read:
568 62A-4a-607. Promotion of adoption -- Agency notice to potential adoptive
570 (1) (a) The division and all [
571 part shall promote adoption when that is a possible and appropriate alternative for a child.
572 Specifically, in accordance with Section 62A-4a-205.6, the division shall actively promote the
573 adoption of all children in its custody who have a final plan for termination of parental rights
574 pursuant to Section 78A-6-314 or a primary permanency plan of adoption.
575 (b) Beginning May 1, 2000, the division may not place a child for adoption, either
576 temporarily or permanently, with any individual or individuals who do not qualify for adoptive
577 placement pursuant to the requirements of Sections 78B-6-117, 78B-6-102, and 78B-6-137.
578 (2) The division shall obtain or conduct research of prior adoptive families to
579 determine what families may do to be successful with their adoptive children and shall make
580 this research available to potential adoptive parents.
581 (3) (a) A [
582 potential adoptive parent with whom it is working that:
583 (i) children in the custody of the state are available for adoption;
584 (ii) Medicaid coverage for medical, dental, and mental health services may be available
585 for these children;
586 (iii) tax benefits, including the tax credit provided for in Section 59-10-1104, and
587 financial assistance may be available to defray the costs of adopting these children;
588 (iv) training and ongoing support may be available to the adoptive parents of these
589 children; and
590 (v) information about individual children may be obtained by contacting the division's
591 offices or its Internet site as explained by the [
592 (b) A [
593 (i) provide the notice required by Subsection (3)(a) at the earliest possible opportunity;
595 (ii) simultaneously distribute a copy of the pamphlet prepared by the division in
596 accordance with Subsection (3)(d).
597 (c) As a condition of licensure, the [
598 the Office of Licensing at the time of license renewal that it has complied with the provisions
599 of this section.
600 (d) Before July 1, 2000, the division shall:
601 (i) prepare a pamphlet that explains the information that is required by Subsection
602 (3)(a); and
603 (ii) regularly distribute copies of the pamphlet described in Subsection (3)(d)(i) to
605 (e) The division shall respond to any inquiry made as a result of the notice provided in
606 Subsection (3)(a).
607 Section 11. Section 78B-6-106 is amended to read:
608 78B-6-106. Responsibility for own actions -- Fraud or misrepresentation.
609 (1) Each parent of a child conceived or born outside of marriage is responsible for his
610 or her own actions and is not excused from strict compliance with the provisions of this
611 chapter based upon any action, statement, or omission of the other parent or third parties.
612 (2) Any person injured by fraudulent representations or actions in connection with an
613 adoption is entitled to pursue civil or criminal penalties in accordance with existing law. A
614 fraudulent representation is not a defense to strict compliance with the requirements of this
616 decree, or an automatic grant of custody to the offended party. Custody determinations shall be
617 based on the best [
619 (3) A child-placing agency and the employees of a child-placing agency may not:
620 (a) employ any device, scheme, or artifice to defraud;
621 (b) engage in any act, practice, or course of business that operates or would operate as a
622 fraud or deceit upon any person;
623 (c) materially and intentionally misrepresent facts or information; or
624 (d) request or require a prospective adoptive parent to grant, as a condition of or in
625 connection with entering into an agreement with a child-placing agency, a release of either the
626 prospective adoptive parent's claims or the adoptive child's claims against the child-placing
627 agency regarding any of the following:
628 (i) criminal misconduct;
629 (ii) ethical violations, as established by the Office of Licensing's administrative rules;
630 (iii) bad faith;
631 (iv) intentional torts;
632 (v) fraud;
633 (vi) care of the child, as described in Subsection 78B-6-134(3);
634 (vii) future misconduct that may arise before the adoption is finalized;
635 (viii) breach of contract; or
636 (ix) gross negligence.
637 (4) Subsection (3) does not prohibit a release of claims against a child-placing agency
638 or a child-placing agency's employees for liability arising from the acts or the failure to act of a
639 third party.
640 Section 12. Section 78B-6-110.1 is amended to read:
641 78B-6-110.1. Prebirth notice to presumed father of intent to place a child for
643 (1) As used in this section, "birth father" means:
644 (a) a potential biological father; or
645 (b) an unmarried biological father.
646 (2) Before the birth of a child, the following individuals may notify a birth father of the
647 child that the mother of the child is considering an adoptive placement for the child:
648 (a) the child's mother;
649 (b) a licensed [
650 (c) an attorney representing a prospective adoptive parent of the child; or
651 (d) an attorney representing the mother of the child.
652 (3) Providing a birth father with notice under Subsection (2) does not obligate the
653 mother of the child to proceed with an adoptive placement of the child.
654 (4) The notice described in Subsection (2) shall include the name, address, and
655 telephone number of the person providing the notice, and shall include the following
657 (a) the mother's intent to place the child for adoption;
658 (b) that the mother has named the person receiving this notice as a potential birth father
659 of her child;
660 (c) the requirements to contest the adoption, including taking the following steps
661 within 30 days after the day on which the notice is served:
662 (i) initiating proceedings to establish or assert paternity in a district court of Utah
663 within 30 days after the day on which notice is served, including filing an affidavit stating:
664 (A) that the birth father is fully able and willing to have full custody of the child;
665 (B) the birth father's plans to care for the child; and
666 (C) that the birth father agrees to pay for child support and expenses incurred in
667 connection with the pregnancy and birth; and
668 (ii) filing a notice of commencement of paternity proceedings with the state registrar of
669 vital statistics within the Utah Department of Health;
670 (d) the consequences for failure to comply with Subsection (4)(c), including that:
671 (i) the birth father's ability to assert the right, if any, to consent or refuse to consent to
672 the adoption is irrevocably lost;
673 (ii) the birth father will lose the ability to assert the right to contest any future adoption
674 of the child; and
675 (iii) the birth father will lose the right, if any, to notice of any adoption proceedings
676 related to the child;
677 (e) that the birth father may consent to the adoption, if any, within 30 days after the day
678 on which the notice is received, and that his consent is irrevocable; and
679 (f) that no communication between the mother of the child and the birth father changes
680 the rights and responsibilities of the birth father described in the notice.
681 (5) If the recipient of the notice described in Subsection (2) does not fully and strictly
682 comply with the requirements of Subsection (4)(c) within 30 days after the day on which he
683 receives the notice, he will lose:
684 (a) the ability to assert the right to consent or refuse to consent to an adoption of the
685 child described in the notice;
686 (b) the ability to assert the right to contest any future adoption of the child described in
687 the notice; and
688 (c) the right to notice of any adoption proceedings relating to the child described in the
690 (6) If an individual described in Subsection (2) chooses to notify a birth father under
691 this section, the notice shall be served on a birth father in a manner consistent with the Utah
692 Rules of Civil Procedure or by certified mail.
693 Section 13. Section 78B-6-124 is amended to read:
694 78B-6-124. Persons who may take consents and relinquishments.
695 (1) A consent or relinquishment by a birth mother or an adoptee shall be signed before:
696 (a) a judge of any court that has jurisdiction over adoption proceedings;
697 (b) subject to Subsection (6), a person appointed by the judge described in Subsection
698 (1)(a) to take consents or relinquishments; or
699 (c) subject to Subsection (6), a person who is authorized by a child-placing agency to
700 take consents or relinquishments, if the consent or relinquishment grants legal custody of the
701 child to a child-placing agency or an extra-jurisdictional child-placing agency.
702 (2) If the consent or relinquishment of a birth mother or adoptee is taken out of state it
703 shall be signed before:
704 (a) subject to Subsection (6), a person who is authorized by a child-placing agency to
705 take consents or relinquishments, if the consent or relinquishment grants legal custody of the
706 child to a child-placing agency or an extra-jurisdictional child-placing agency;
707 (b) subject to Subsection (6), a person authorized or appointed to take consents or
708 relinquishments by a court of this state that has jurisdiction over adoption proceedings;
709 (c) a court that has jurisdiction over adoption proceedings in the state where the
710 consent or relinquishment is taken; or
711 (d) a person authorized, under the laws of the state where the consent or relinquishment
712 is taken, to take consents or relinquishments of a birth mother or adoptee.
713 (3) The consent or relinquishment of any other person or agency as required by Section
714 78B-6-120 may be signed before a Notary Public or any person authorized to take a consent or
715 relinquishment under Subsection (1) or (2).
716 (4) A person, authorized by Subsection (1) or (2) to take consents or relinquishments,
717 shall certify to the best of his information and belief that the person executing the consent or
718 relinquishment has read and understands the consent or relinquishment and has signed it freely
719 and voluntarily.
720 (5) A person executing a consent or relinquishment is entitled to receive a copy of the
721 consent or relinquishment.
722 (6) A signature described in Subsection (1)(b), (1)(c), (2)(a), or (2)(b), shall be:
723 (a) notarized; or
724 (b) witnessed by two individuals who are not members of the birth mother's or the
726 (7) Except as provided in Subsection 62A-4a-602(1), a transfer of relinquishment from
727 one child-placing agency to another child-placing agency shall be signed before a Notary
729 Section 14. Section 78B-6-134 is amended to read:
730 78B-6-134. Custody pending final decree.
731 (1) (a) A licensed [
732 petition for adoption is filed before a child's birth, may seek an order establishing that the
733 agency or petitioner shall have temporary custody of the child from the time of birth.
734 (b) The court shall grant an order for temporary custody under Subsection (1)(a) upon
735 determining that:
736 (i) the birth mother or both birth parents consent to the order;
737 (ii) the agency or petitioner is willing and able to take custody of the child; and
738 (iii) an order will be in the best interest of the child.
739 (c) The court shall vacate an order if, prior to the child's birth, the birth mother or birth
740 parents withdraw their consent.
741 (2) Except as otherwise provided by the court, once a petitioner has received the
742 adoptee into his home and a petition for adoption has been filed, the petitioner is entitled to the
743 custody and control of the adoptee and is responsible for the care, maintenance, and support of
744 the adoptee, including any necessary medical or surgical treatment, pending further order of the
746 (3) Once a child has been placed with, relinquished to, or ordered into the custody of a
747 child-placing agency for purposes of adoption, the agency shall have custody and control of the
748 child and is responsible for his care, maintenance, and support. The agency may delegate the
749 responsibility for care, maintenance, and support, including any necessary medical or surgical
750 treatment, to the petitioner once the petitioner has received the child into his home. However,
751 until the final decree of adoption is entered by the court, the agency has the right to the custody
752 and control of the child.