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7 LONG TITLE
8 General Description:
9 This bill modifies language related to adoptions.
10 Highlighted Provisions:
11 This bill:
12 ▸ clarifies language regarding when an adult may adopt a child if the adult has been
13 convicted of, pleaded guilty to, or pleaded no contest to certain felonies; and
14 ▸ makes technical changes.
15 Money Appropriated in this Bill:
16 None
17 Other Special Clauses:
18 None
19 Utah Code Sections Affected:
20 AMENDS:
21 78B-6-117, as last amended by Laws of Utah 2017, Chapter 400 and further amended
22 by Revisor Instructions, Laws of Utah 2017, Chapter 400
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24 Be it enacted by the Legislature of the state of Utah:
25 Section 1. Section 78B-6-117 is amended to read:
26 78B-6-117. Who may adopt -- Adoption of minor.
27 (1) A minor child may be adopted by an adult person, in accordance with this section
28 and this part.
29 (2) A child may be adopted by:
30 (a) adults who are legally married to each other in accordance with the laws of this
31 state, including adoption by a stepparent; or
32 (b) subject to Subsection (4), a single adult, except as provided in Subsection (3).
33 (3) A child may not be adopted by a person who is cohabiting in a relationship that is
34 not a legally valid and binding marriage under the laws of this state.
35 (4) To provide a child who is in the custody of the division with the most beneficial
36 family structure, when a child in the custody of the division is placed for adoption, the division
37 or child-placing agency shall place the child with a man and a woman who are married to each
38 other, unless:
39 (a) there are no qualified married couples who:
40 (i) have applied to adopt a child;
41 (ii) are willing to adopt the child; and
42 (iii) are an appropriate placement for the child;
43 (b) the child is placed with a relative of the child;
44 (c) the child is placed with a person who has already developed a substantial
45 relationship with the child;
46 (d) the child is placed with a person who:
47 (i) is selected by a parent or former parent of the child, if the parent or former parent
48 consented to the adoption of the child; and
49 (ii) the parent or former parent described in Subsection (4)(d)(i):
50 (A) knew the person with whom the child is placed before the parent consented to the
51 adoption; or
52 (B) became aware of the person with whom the child is placed through a source other
53 than the division or the child-placing agency that assists with the adoption of the child; or
54 (e) it is in the best interests of the child to place the child with a single person.
55 (5) [
56 child if, before adoption is finalized, the adult has been convicted of, pleaded guilty to, or
57 pleaded no contest to a felony or attempted felony involving conduct that constitutes any of the
58 following:
59 (a) child abuse, as described in Section 76-5-109;
60 (b) child abuse homicide, as described in Section 76-5-208;
61 (c) child kidnapping, as described in Section 76-5-301.1;
62 (d) human trafficking of a child, as described in Section 76-5-308.5;
63 (e) sexual abuse of a minor, as described in Section 76-5-401.1;
64 (f) rape of a child, as described in Section 76-5-402.1;
65 (g) object rape of a child, as described in Section 76-5-402.3;
66 (h) sodomy on a child, as described in Section 76-5-403.1;
67 (i) sexual abuse of a child or aggravated sexual abuse of a child, as described in
68 Section 76-5-404.1;
69 (j) sexual exploitation of a minor, as described in Section 76-5b-201; or
70 (k) an offense in another state that, if committed in this state, would constitute an
71 offense described in this Subsection (5).
72 (6) (a) For purpose of this Subsection (6), "disqualifying offense" means an offense
73 listed in Subsection (5) that prevents a court from considering a person for adoption of a child
74 except as provided in this Subsection (6).
75 (b) A person described in Subsection (5) may only be considered for adoption of a
76 child if the following criteria are met by clear and convincing evidence:
77 (i) at least 10 years have elapsed from the day on which the person is successfully
78 released from prison, jail, parole, or probation related to a disqualifying offense;
79 (ii) during the 10 years before the day on which the person files a petition with the
80 court seeking adoption, the person has not been convicted, pleaded guilty, or pleaded no
81 contest to an offense greater than an infraction or traffic violation that would likely impact the
82 health, safety, or well-being of the child;
83 (iii) the person can provide evidence of successful treatment or rehabilitation directly
84 related to the disqualifying offense;
85 (iv) the court determines that the risk related to the disqualifying offense is unlikely to
86 cause harm, as defined in Section 78A-6-105, or potential harm to the child currently or at any
87 time in the future when considering all of the following:
88 (A) the child's age;
89 (B) the child's gender;
90 (C) the child's development;
91 (D) the nature and seriousness of the disqualifying offense;
92 (E) the preferences of a child 12 years of age or older;
93 (F) any available assessments, including custody evaluations, homes studies,
94 pre-placement adoptive evaluations, parenting assessments, psychological or mental health
95 assessments, and bonding assessments; and
96 (G) any other relevant information;
97 (v) the person can provide evidence of all of the following:
98 (A) the relationship with the child is of long duration;
99 (B) that an emotional bond exists with the child; and
100 (C) that adoption by the person who has committed the disqualifying offense ensures
101 the best interests of the child are met; and
102 (vi) the adoption is by:
103 (A) a stepparent whose spouse is the adoptee's parent and consents to the adoption;
104 (B) subject to Subsection (6)(d), a relative of the child as defined in Section 78A-6-307
105 and there is not another relative without a disqualifying offense filing an adoption petition.
106 (c) The person with the disqualifying offense bears the burden of proof regarding why
107 adoption with that person is in the best interest of the child over another responsible relative or
108 equally situated person who does not have a disqualifying offense.
109 (d) If there is an alternative responsible relative who does not have a disqualifying
110 offense filing an adoption petition, the following applies:
111 (i) preference for adoption shall be given to a relative who does not have a
112 disqualifying offense; and
113 (ii) before the court may grant adoption to the person who has the disqualifying offense
114 over another responsible, willing, and able relative:
115 (A) an impartial custody evaluation shall be completed; and
116 (B) a guardian ad litem shall be assigned.
117 (7) Subsections (5) and (6) apply to a case pending on March 25, 2017 for which a
118 final decision on adoption has not been made and to a case filed on or after March 25, 2017.
Legislative Review Note
Office of Legislative Research and General Counsel