7 LONG TITLE
8 General Description:
9 This bill modifies provisions relating to adoption services.
10 Highlighted Provisions:
11 This bill:
12 ▸ defines terms;
13 ▸ clarifies provisions prohibiting advertisements for certain adoption-related services;
14 ▸ requires the Office of Licensing within the Department of Human Services to
15 provide notice to certain persons upon finding the person is providing certain
16 adoption-related services without a license; and
17 ▸ makes technical changes.
18 Money Appropriated in this Bill:
20 Other Special Clauses:
22 Utah Code Sections Affected:
24 62A-4a-602, as last amended by Laws of Utah 2017, Chapter 148
25 62A-4a-603, as renumbered and amended by Laws of Utah 1994, Chapter 260
26 78B-6-124, as last amended by Laws of Utah 2017, Chapter 148
28 Be it enacted by the Legislature of the state of Utah:
29 Section 1. Section 62A-4a-602 is amended to read:
30 62A-4a-602. Licensure requirements -- Prohibited acts.
31 (1) As used in this section:
32 (a) (i) "Advertisement" means any written, oral, or graphic statement or representation
33 made in connection with a solicitation of business.
34 (ii) "Advertisement" includes a statement or representation described in Subsection
35 (1)(a)(i) by a noncable television system, radio, printed brochure, newspaper, leaflet, flyer,
36 circular, billboard, banner, Internet website, social media, or sign.
37 (b) (i) "Matching advertisement" means any written, oral, or graphic statement or
38 representation made in connection with a solicitation of business to provide the assistance
39 described in Subsection (3)(a)(i), regardless of whether there is or will be an exchange
40 described in Subsection (3)(a)(ii).
41 (ii) "Matching advertisement" includes a statement or representation described in
42 Subsection (1)(b)(i) by a noncable television system, radio, printed brochure, newspaper,
43 leaflet, flyer, circular, billboard, banner, Internet website, social media, or sign.
44 (c) "Clearly and conspicuously disclose" means the same as that term is defined in
45 Section 13-11a-2.
47 (2) (a) A person may not engage in child placing, or solicit money or other assistance
48 for child placing, without a valid license issued by the Office of Licensing, in accordance with
49 Chapter 2, Licensure of Programs and Facilities.
50 (b) When a child-placing agency's license is suspended or revoked in accordance with
51 that chapter, the care, control, or custody of any child who has been in the care, control, or
52 custody of that agency shall be transferred to the division.
54 identifying or locating a person interested in adopting the parent's child, or in identifying or
55 locating a child to be adopted.[
56 (ii) No payment, charge, fee, reimbursement of expense, or exchange of value of any
57 kind, or promise or agreement to make the same, may be made for [
58 described in Subsection (3)(a)(i).
59 (b) An attorney, physician, or other person may not:
60 (i) issue or cause to be issued to any person a card, sign, or device indicating that [
61 the attorney, physician, or other person is available to provide [
62 Subsection (3)(a)(i);
63 (ii) cause, permit, or allow any sign or marking indicating that [
64 physician, or other person is available to provide [
65 (3)(a)(i), on or in any building or structure;
66 (iii) announce [
67 attorney, physician, or other person is available to provide [
68 Subsection (3)(a)(i), to appear in any newspaper, magazine, directory, [
69 television, or an Internet website relating to a business; [
71 (iv) announce, cause, permit, or allow a matching advertisement; or
72 (v) announce, cause, permit, or allow an advertisement that indicates or implies the
73 attorney, physician, or other person is available to provide the assistance described in
74 Subsection (3)(a)(i) as part of, or related to, other adoption-related services by using any of the
75 following terms:
76 (A) "comprehensive";
77 (B) "complete";
78 (C) "one-stop";
79 (D) "all-inclusive"; or
80 (E) any other term similar to the terms described in Subsections (3)(b)(v)(A) through
82 (c) An attorney, physician, or other person who is not licensed by the Office of
83 Licensing within the department shall clearly and conspicuously disclose in any print media
84 advertisement or written contract regarding adoption services or adoption-related services that
85 the attorney, physician, or other person is not licensed to provide adoption services by the
86 Office of Licensing within the department.
88 (a) precludes payment of fees for medical, legal, or other lawful services rendered in
89 connection with the care of a mother, delivery and care of a child, or lawful adoption
91 (b) abrogates the right of procedures for independent adoption as provided by law.
93 of licensed child placing agencies may certify to the United States Immigration and
94 Naturalization Service that a family meets the division's preadoption requirements.
96 (6) (a) Neither a licensed child-placing agency nor any attorney practicing in this state
97 may place a child for adoption, either temporarily or permanently, with any individual or
98 individuals that would not be qualified for adoptive placement pursuant to the provisions of
99 Sections 78B-6-117, 78B-6-102, and 78B-6-137.
100 (b) [
101 not place a child in foster care with any individual or individuals that would not be qualified
102 for adoptive placement pursuant to the provisions of Sections 78B-6-117, 78B-6-102, and
103 78B-6-137. However, nothing in this Subsection [
104 foster care with the child's biological or adoptive parent.
105 (c) [
106 the state, the division shall establish a policy providing that priority for foster care and adoptive
107 placement shall be provided to families in which both a man and a woman are legally married
108 under the laws of this state. However, nothing in this Subsection [
109 placement of a child with the child's biological or adoptive parent.
110 Section 2. Section 62A-4a-603 is amended to read:
111 62A-4a-603. Injunction -- Enforcement by county attorney or attorney general.
112 (1) The division, Office of Licensing within the department, or any interested person
113 may commence an action in district court to enjoin any person, agency, firm, corporation, or
114 association violating Section 62A-4a-602.
115 (2) The Office of Licensing shall:
116 (a) solicit information from the public relating to violations of Section 62A-4a-602;
118 (b) upon identifying a violation of Section 62A-4a-602:
119 (i) send a written notice to the person who violated Section 62A-4a-602 that describes
120 the alleged violation; and
121 (ii) notify the following persons of the alleged violation:
122 (A) the local county attorney; and
123 (B) the Division of Occupational and Professional Licensing.
125 necessary to enforce the provisions of Section 62A-4a-602 [
126 informed of an alleged violation.
127 (b) If [
128 the day on which the county attorney is informed of an alleged violation of Section
129 62A-4a-602, the attorney general may be requested to take action, and shall then institute legal
130 proceedings in place of the county attorney.
132 person, agency, firm, corporation, or association found to be in violation of Section
133 62A-4a-602 shall forfeit all proceeds identified as resulting from the transaction, and may also
134 be assessed a civil penalty of not more than $10,000 for each violation. [
135 (b) Each act in violation of Section 62A-4a-602, including each placement or
136 attempted placement of a child, is a separate violation.
138 placed in the General Fund of the prosecuting county, or in the state General Fund if the
139 attorney general prosecutes.
140 (b) If two or more governmental entities are involved in the prosecution, the penalty
141 amounts recovered shall be apportioned by the court among the entities, according to their
144 Subsection [
145 same effect and is subject to the same rules as a judgment for money in a civil action.
146 Section 3. Section 78B-6-124 is amended to read:
147 78B-6-124. Persons who may take consents and relinquishments.
148 (1) A consent or relinquishment by a birth mother or an adoptee shall be signed before:
149 (a) a judge of any court that has jurisdiction over adoption proceedings;
150 (b) subject to Subsection (6), a person appointed by the judge described in Subsection
151 (1)(a) to take consents or relinquishments; or
152 (c) subject to Subsection (6), a person who is authorized by a child-placing agency to
153 take consents or relinquishments, if the consent or relinquishment grants legal custody of the
154 child to a child-placing agency or an extra-jurisdictional child-placing agency.
155 (2) If the consent or relinquishment of a birth mother or adoptee is taken out of state it
156 shall be signed before:
157 (a) subject to Subsection (6), a person who is authorized by a child-placing agency to
158 take consents or relinquishments, if the consent or relinquishment grants legal custody of the
159 child to a child-placing agency or an extra-jurisdictional child-placing agency;
160 (b) subject to Subsection (6), a person authorized or appointed to take consents or
161 relinquishments by a court of this state that has jurisdiction over adoption proceedings;
162 (c) a court that has jurisdiction over adoption proceedings in the state where the
163 consent or relinquishment is taken; or
164 (d) a person authorized, under the laws of the state where the consent or relinquishment
165 is taken, to take consents or relinquishments of a birth mother or adoptee.
166 (3) The consent or relinquishment of any other person or agency as required by Section
167 78B-6-120 may be signed before a Notary Public or any person authorized to take a consent or
168 relinquishment under Subsection (1) or (2).
169 (4) A person, authorized by Subsection (1) or (2) to take consents or relinquishments,
170 shall certify to the best of his information and belief that the person executing the consent or
171 relinquishment has read and understands the consent or relinquishment and has signed it freely
172 and voluntarily.
173 (5) A person executing a consent or relinquishment is entitled to receive a copy of the
174 consent or relinquishment.
175 (6) A signature described in Subsection (1)(b), (1)(c), (2)(a), or (2)(b), shall be:
176 (a) notarized; or
177 (b) witnessed by two individuals who are not members of the birth mother's or the
178 adoptee's immediate family.
179 (7) Except as provided in Subsection 62A-4a-602[
180 from one child-placing agency to another child-placing agency shall be signed before a Notary