1     
ADOPTION AMENDMENTS

2     
2023 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Chris H. Wilson

5     
House Sponsor: Jefferson S. Burton

6     

7     LONG TITLE
8     General Description:
9          This bill addresses adoptions.
10     Highlighted Provisions:
11          This bill:
12          ▸     defines terms;
13          ▸     addresses Medicaid coverage and payments related to a birth mother who considers
14     or proceeds with an adoptive placement for a child;
15          ▸     prohibits a child-placing agency from charging for services that are not actually
16     rendered or for medical or hospital expenses that were paid for with public funds;
17          ▸     requires certain child-placing agencies to join a child-placing consortium by which
18     the consortium can serve all birth mothers and all prospective adoptive parents;
19          ▸     provides protections for consortium-member child-placing agencies that cannot
20     participate in child placing that is contrary to the agency's religious teachings,
21     practices, or beliefs, or certain wishes of the birth mother;
22          ▸     requires the Judicial Council to create a uniform fee and expense form for adoption
23     proceedings;
24          ▸     with certain conditions and exceptions:
25               •     requires a prospective adoptive parent to file a fee and expense form with the
26     court prior to the finalization of an adoption;
27               •     requires the court to review a fee and expense form for completeness;
28               •     requires a child placing agency to file a fee and expense form with the Office of
29     Licensing within the Department of Health and Human Services; and

30               •     requires the Department of Health and Human Services to provide an annual
31     report to the Health and Human Services Interim Committee and Judicial
32     Council regarding adoption costs in the state; and
33          ▸     makes technical and conforming changes.
34     Money Appropriated in this Bill:
35          None
36     Other Special Clauses:
37          None
38     Utah Code Sections Affected:
39     AMENDS:
40          26-18-3, as last amended by Laws of Utah 2021, Chapter 422
41          62A-2-108.6, as last amended by Laws of Utah 2022, Chapters 287, 326 and
42     renumbered and amended by Laws of Utah 2022, Chapter 334 and last amended by
43     Coordination Clause, Laws of Utah 2022, Chapter 334
44          63G-20-102, as enacted by Laws of Utah 2015, Chapter 46
45          63G-20-202, as enacted by Laws of Utah 2015, Chapter 46
46          78B-6-140, as last amended by Laws of Utah 2021, Chapter 65
47     ENACTS:
48          63G-20-203.5, Utah Code Annotated 1953
49     

50     Be it enacted by the Legislature of the state of Utah:
51          Section 1. Section 26-18-3 is amended to read:
52          26-18-3. Administration of Medicaid program by department -- Reporting to the
53     Legislature -- Disciplinary measures and sanctions -- Funds collected -- Eligibility
54     standards -- Internal audits -- Health opportunity accounts.
55          (1) The department shall be the single state agency responsible for the administration
56     of the Medicaid program in connection with the United States Department of Health and
57     Human Services pursuant to Title XIX of the Social Security Act.

58          (2) (a) The department shall implement the Medicaid program through administrative
59     rules in conformity with this chapter, Title 63G, Chapter 3, Utah Administrative Rulemaking
60     Act, the requirements of Title XIX, and applicable federal regulations.
61          (b) The rules adopted under Subsection (2)(a) shall include, in addition to other rules
62     necessary to implement the program:
63          (i) the standards used by the department for determining eligibility for Medicaid
64     services;
65          (ii) the services and benefits to be covered by the Medicaid program;
66          (iii) reimbursement methodologies for providers under the Medicaid program; and
67          (iv) a requirement that:
68          (A) a person receiving Medicaid services shall participate in the electronic exchange of
69     clinical health records established in accordance with Section 26-1-37 unless the individual
70     opts out of participation;
71          (B) prior to enrollment in the electronic exchange of clinical health records the enrollee
72     shall receive notice of enrollment in the electronic exchange of clinical health records and the
73     right to opt out of participation at any time; and
74          (C) beginning July 1, 2012, when the program sends enrollment or renewal information
75     to the enrollee and when the enrollee logs onto the program's website, the enrollee shall receive
76     notice of the right to opt out of the electronic exchange of clinical health records.
77          (3) (a) The department shall, in accordance with Subsection (3)(b), report to the Social
78     Services Appropriations Subcommittee when the department:
79          (i) implements a change in the Medicaid State Plan;
80          (ii) initiates a new Medicaid waiver;
81          (iii) initiates an amendment to an existing Medicaid waiver;
82          (iv) applies for an extension of an application for a waiver or an existing Medicaid
83     waiver;
84          (v) applies for or receives approval for a change in any capitation rate within the
85     Medicaid program; or

86          (vi) initiates a rate change that requires public notice under state or federal law.
87          (b) The report required by Subsection (3)(a) shall:
88          (i) be submitted to the Social Services Appropriations Subcommittee prior to the
89     department implementing the proposed change; and
90          (ii) include:
91          (A) a description of the department's current practice or policy that the department is
92     proposing to change;
93          (B) an explanation of why the department is proposing the change;
94          (C) the proposed change in services or reimbursement, including a description of the
95     effect of the change;
96          (D) the effect of an increase or decrease in services or benefits on individuals and
97     families;
98          (E) the degree to which any proposed cut may result in cost-shifting to more expensive
99     services in health or human service programs; and
100          (F) the fiscal impact of the proposed change, including:
101          (I) the effect of the proposed change on current or future appropriations from the
102     Legislature to the department;
103          (II) the effect the proposed change may have on federal matching dollars received by
104     the state Medicaid program;
105          (III) any cost shifting or cost savings within the department's budget that may result
106     from the proposed change; and
107          (IV) identification of the funds that will be used for the proposed change, including any
108     transfer of funds within the department's budget.
109          (4) Any rules adopted by the department under Subsection (2) are subject to review and
110     reauthorization by the Legislature in accordance with Section 63G-3-502.
111          (5) The department may, in its discretion, contract with the Department of Human
112     Services or other qualified agencies for services in connection with the administration of the
113     Medicaid program, including:

114          (a) the determination of the eligibility of individuals for the program;
115          (b) recovery of overpayments; and
116          (c) consistent with Section 26-20-13, and to the extent permitted by law and quality
117     control services, enforcement of fraud and abuse laws.
118          (6) The department shall provide, by rule, disciplinary measures and sanctions for
119     Medicaid providers who fail to comply with the rules and procedures of the program, provided
120     that sanctions imposed administratively may not extend beyond:
121          (a) termination from the program;
122          (b) recovery of claim reimbursements incorrectly paid; and
123          (c) those specified in Section 1919 of Title XIX of the federal Social Security Act.
124          (7) (a) Funds collected as a result of a sanction imposed under Section 1919 of Title
125     XIX of the federal Social Security Act shall be deposited in the General Fund as dedicated
126     credits to be used by the division in accordance with the requirements of Section 1919 of Title
127     XIX of the federal Social Security Act.
128          (b) In accordance with Section 63J-1-602.2, sanctions collected under this Subsection
129     (7) are nonlapsing.
130          (8) (a) In determining whether an applicant or recipient is eligible for a service or
131     benefit under this part or Chapter 40, Utah Children's Health Insurance Act, the department
132     shall, if Subsection (8)(b) is satisfied, exclude from consideration one passenger vehicle
133     designated by the applicant or recipient.
134          (b) Before Subsection (8)(a) may be applied:
135          (i) the federal government shall:
136          (A) determine that Subsection (8)(a) may be implemented within the state's existing
137     public assistance-related waivers as of January 1, 1999;
138          (B) extend a waiver to the state permitting the implementation of Subsection (8)(a); or
139          (C) determine that the state's waivers that permit dual eligibility determinations for
140     cash assistance and Medicaid are no longer valid; and
141          (ii) the department shall determine that Subsection (8)(a) can be implemented within

142     existing funding.
143          (9) (a) For purposes of this Subsection (9):
144          (i) "aged, blind, or has a disability" means an aged, blind, or disabled individual, as
145     defined in 42 U.S.C. Sec. 1382c(a)(1); and
146          (ii) "spend down" means an amount of income in excess of the allowable income
147     standard that shall be paid in cash to the department or incurred through the medical services
148     not paid by Medicaid.
149          (b) In determining whether an applicant or recipient who is aged, blind, or has a
150     disability is eligible for a service or benefit under this chapter, the department shall use 100%
151     of the federal poverty level as:
152          (i) the allowable income standard for eligibility for services or benefits; and
153          (ii) the allowable income standard for eligibility as a result of spend down.
154          (10) The department shall conduct internal audits of the Medicaid program.
155          (11) (a) The department may apply for and, if approved, implement a demonstration
156     program for health opportunity accounts, as provided for in 42 U.S.C. Sec. 1396u-8.
157          (b) A health opportunity account established under Subsection (11)(a) shall be an
158     alternative to the existing benefits received by an individual eligible to receive Medicaid under
159     this chapter.
160          (c) Subsection (11)(a) is not intended to expand the coverage of the Medicaid program.
161          (12) (a) (i) The department shall apply for, and if approved, implement an amendment
162     to the state plan under this Subsection (12) for benefits for:
163          (A) medically needy pregnant women;
164          (B) medically needy children; and
165          (C) medically needy parents and caretaker relatives.
166          (ii) The department may implement the eligibility standards of Subsection (12)(b) for
167     eligibility determinations made on or after the date of the approval of the amendment to the
168     state plan.
169          (b) In determining whether an applicant is eligible for benefits described in Subsection

170     (12)(a)(i), the department shall:
171          (i) disregard resources held in an account in the savings plan created under Title 53B,
172     Chapter 8a, Utah Educational Savings Plan, if the beneficiary of the account is:
173          (A) under the age of 26; and
174          (B) living with the account owner, as that term is defined in Section 53B-8a-102, or
175     temporarily absent from the residence of the account owner; and
176          (ii) include the withdrawals from an account in the Utah Educational Savings Plan as
177     resources for a benefit determination, if the withdrawal was not used for qualified higher
178     education costs as that term is defined in Section 53B-8a-102.5.
179          (13) (a) The department may not deny or terminate eligibility for Medicaid solely
180     because an individual is:
181          (i) incarcerated; and
182          (ii) not an inmate as defined in Section 64-13-1.
183          (b) Subsection (13)(a) does not require the Medicaid program to provide coverage for
184     any services for an individual while the individual is incarcerated.
185          (14) The department is a party to, and may intervene at any time in, any judicial or
186     administrative action:
187          (a) to which the Department of Workforce Services is a party; and
188          (b) that involves medical assistance under:
189          (i) Title 26, Chapter 18, Medical Assistance Act; or
190          (ii) Title 26, Chapter 40, Utah Children's Health Insurance Act.
191          (15) (a) The department may not deny or terminate eligibility for Medicaid solely
192     because a birth mother, as that term is defined in Section 78B-6-103, considers an adoptive
193     placement for the child or proceeds with an adoptive placement of the child.
194          (b) A health care provider, as that term is defined in Section 26-18-17, may not decline
195     payment by Medicaid for covered health and medical services provided to a birth mother, as
196     that term is defined in Section 78B-6-103, who is enrolled in Utah's Medicaid program and
197     who considers an adoptive placement for the child or proceeds with an adoptive placement of

198     the child.
199          Section 2. Section 62A-2-108.6 is amended to read:
200          62A-2-108.6. Child placing licensure requirements -- Prohibited acts --
201     Consortium.
202          (1) As used in this section:
203          (a) (i) "Advertisement" means any written, oral, or graphic statement or representation
204     made in connection with a solicitation of business.
205          (ii) "Advertisement" includes a statement or representation described in Subsection
206     (1)(a)(i) by a noncable television system, radio, printed brochure, newspaper, leaflet, flyer,
207     circular, billboard, banner, Internet website, social media, or sign.
208          (b) "Birth parent" means the same as that term is defined in Section 78B-6-103.
209          (c) "Clearly and conspicuously disclose" means the same as that term is defined in
210     Section 13-11a-2.
211          (d) (i) "Matching advertisement" means any written, oral, or graphic statement or
212     representation made in connection with a solicitation of business to provide the assistance
213     described in Subsection (3)(a)(i), regardless of whether there is or will be an exchange
214     described in Subsection (3)(a)(ii).
215          (ii) "Matching advertisement" includes a statement or representation described in
216     Subsection (1)(d)(i) by a noncable television system, radio, printed brochure, newspaper,
217     leaflet, flyer, circular, billboard, banner, Internet website, social media, or sign.
218          (2) (a) Subject to Section 78B-24-205, a person may not engage in child placing, or
219     solicit money or other assistance for child placing, without a valid license issued by the office
220     in accordance with this chapter.
221          (b) If a child-placing agency's license is suspended or revoked in accordance with this
222     chapter, the care, control, or custody of any child who is in the care, control, or custody of the
223     child-placing agency shall be transferred to the Division of Child and Family Services.
224          (3) (a) (i) An attorney, physician, or other person may assist:
225          (A) a birth parent to identify or locate a prospective adoptive parent who is interested

226     in adopting the birth parent's child; or
227          (B) a prospective adoptive parent to identify or locate a child to be adopted.
228          (ii) A payment, charge, fee, reimbursement of expense, or exchange of value of any
229     kind, or promise or agreement to make the same, may not be made for the assistance described
230     in Subsection (3)(a)(i).
231          (b) An attorney, physician, or other person may not:
232          (i) issue or cause to be issued to any person a card, sign, or device indicating that the
233     attorney, physician, or other person is available to provide the assistance described in
234     Subsection (3)(a)(i);
235          (ii) cause, permit, or allow any sign or marking indicating that the attorney, physician,
236     or other person is available to provide the assistance described in Subsection (3)(a)(i), on or in
237     any building or structure;
238          (iii) announce, cause, permit, or allow an announcement indicating that the attorney,
239     physician, or other person is available to provide the assistance described in Subsection
240     (3)(a)(i), to appear in any newspaper, magazine, directory, on radio or television, or an Internet
241     website relating to a business;
242          (iv) announce, cause, permit, or allow a matching advertisement; or
243          (v) announce, cause, permit, or allow an advertisement that indicates or implies the
244     attorney, physician, or other person is available to provide the assistance described in
245     Subsection (3)(a)(i) as part of, or related to, other adoption-related services by using any of the
246     following terms:
247          (A) "comprehensive";
248          (B) "complete";
249          (C) "one-stop";
250          (D) "all-inclusive"; or
251          (E) any other term similar to the terms described in Subsections (3)(b)(v)(A) through
252     (D).
253          (c) An attorney, physician, or other person who is not licensed by the office shall

254     clearly and conspicuously disclose in any print media advertisement or written contract
255     regarding adoption services or adoption-related services that the attorney, physician, or other
256     person is not licensed to provide adoption services by the office.
257          (4) A person who intentionally or knowingly violates Subsection (2) or (3) is guilty of
258     a third degree felony.
259          (5) This section does not preclude payment of fees for medical, legal, or other lawful
260     services rendered in connection with the care of a mother, delivery and care of a child, or
261     lawful adoption proceedings, except that a child-placing agency may not:
262          (a) charge or accept payment for services that were not actually rendered; or
263          (b) charge or accept payment from a prospective adoptive parent for medical or
264     hospital expenses that were paid for by public funds.
265          (6) In accordance with federal law, only an agent or employee of the Division of Child
266     and Family Services or of a licensed child-placing agency may certify to United States
267     Citizenship and Immigration Services that a family meets the preadoption requirements of the
268     Division of Child and Family Services.
269          (7) A licensed child-placing agency or an attorney practicing in this state may not place
270     a child for adoption, either temporarily or permanently, with an individual who would not be
271     qualified for adoptive placement under Sections 78B-6-102, 78B-6-117, and 78B-6-137.
272          (8) (a) A child-placing agency, as that term is defined in Section 63G-20-102, that
273     serves a resident of the state who is a birth mother or a prospective adoptive parent must be a
274     member of a statewide consortium of licensed child-placing agencies that, together, serve all
275     birth mothers lawfully seeking to place a child for adoption and all qualified prospective
276     adoptive parents.
277          (b) The department shall receive and investigate any complaint against a consortium of
278     licensed child-placing agencies.
279          Section 3. Section 63G-20-102 is amended to read:
280          63G-20-102. Definitions.
281          As used in this chapter:

282          (1) "Child placing" means the same as that term is defined in Section 62A-2-101.
283          (2) "Child-placing agency" means a private person that is engaged in child placing
284     related to a child who is not in the custody of the state.
285          (3) "Government retaliation" means an action by a state or local government or an
286     action by a state or local government official that:
287          (a) is taken in response to a person's exercise of a protection contained in Section
288     17-20-4, 63G-20-201, 63G-20-203.5, or 63G-20-301; and
289          (b) (i) imposes a formal penalty on, fines, disciplines, discriminates against, denies the
290     rights of, denies benefits to, or denies tax-exempt status to a person; or
291          (ii) subjects a person to an injunction or to an administrative claim or proceeding.
292          [(2)] (4) (a) "Religious official" means an officer or official of a religion, when acting
293     as such.
294          (b) "Religious official" includes an individual designated by the religion as clergy,
295     minister, priest, pastor, rabbi, imam, bishop, stake president, or sealer, when that individual is
296     acting as such.
297          [(3)] (5) "Religious organization" means:
298          (a) a religious organization, association, educational institution, or society;
299          (b) a religious corporation sole; or
300          (c) any corporation or association constituting a wholly owned subsidiary, affiliate, or
301     agency of any religious organization, association, educational institution, society, or religious
302     corporation sole.
303          [(4)] (6) "Sexuality" includes legal sexual conduct, legal sexual expression, sexual
304     desires, and the status of a person as male or female.
305          [(5)] (7) "State or local government" means:
306          (a) a state government entity, agency, or instrumentality; or
307          (b) a local government entity, agency, or instrumentality.
308          [(6)] (8) "State or local government official" means an officer, employee, or appointee
309     of a state or local government.

310          Section 4. Section 63G-20-202 is amended to read:
311          63G-20-202. Prohibition on government retaliation.
312          Notwithstanding any other law, a state or local government or a state or local
313     government official may not engage in government retaliation against:
314          (1) an individual, a religious official when acting as such, or a religious organization
315     for exercising the protections contained in Section 17-20-4, 63G-20-201, or 63G-20-301[.]; or
316          (2) a child-placing agency for exercising the protections contained in Section
317     63G-20-203.5.
318          Section 5. Section 63G-20-203.5 is enacted to read:
319          63G-20-203.5. Child-placing agencies.
320          (1) As used in this section, "consortium" means a statewide consortium of
321     child-placing agencies described in Subsection 62A-2-108.6(8).
322          (2) Notwithstanding any other provision of law, a state or local government, a state or
323     local government official, or another accrediting, certifying, or licensing body, including the
324     Office of Licensing within the Department of Health and Human Services, may not:
325          (a) require a consortium-member child-placing agency to perform, assist, counsel,
326     recommend, consent to, facilitate, or participate in child placing, with a qualified prospective
327     adoptive parent, that is contrary to the child-placing agency's religious teaching, practices, or
328     sincerely held beliefs, or the good faith wishes of the birth mother as to the optimal placement
329     of the child;
330          (b) deny a consortium-member child-placing agency any grant, contract, or
331     participation in a government program because the child-placing agency cannot, consistent
332     with the child-placing agency's religious teaching, practices, or sincerely held beliefs, or
333     consistent with the good faith wishes of the birth mother as to the optimal placement of the
334     child, perform, assist, counsel, recommend, consent to, facilitate, or participate in a child
335     placement with a qualified prospective adoptive parent; or
336          (c) deny an application for an initial license or accreditation, deny the renewal of a
337     license or accreditation, or revoke the license or accreditation of a consortium-member

338     child-placing agency that cannot, consistent with the child-placing agency's religious teaching,
339     practices, or sincerely held beliefs, or consistent with the good faith wishes of the birth mother
340     as to the optimal placement of the child, perform, assist, counsel, recommend, consent to,
341     facilitate, or participate in a child placement with a qualified prospective adoptive parent.
342          (3) (a) A consortium-member child-placing agency that cannot, consistent with the
343     child-placing agency's religious teaching, practices, or sincerely held beliefs, or consistent with
344     the good faith wishes of the birth mother as to the optimal placement of the child, perform,
345     assist, counsel, recommend, consent to, facilitate, or participate in a child placement with a
346     qualified prospective adoptive parent, shall refer the individual who is seeking child-placement
347     services to another child-placing agency in the consortium.
348          (b) A referral by a child-placing agency under Subsection (3)(a) does not constitute a
349     determination that a proposed placement is not in the best interest of the child.
350          (4) The fact that a consortium-member child-placing agency cannot, consistent with the
351     child-placing agency's religious teaching, practices, or sincerely held beliefs, or consistent with
352     the good faith wishes of the birth mother as to the optimal placement of the child, perform,
353     assist, counsel, recommend, consent to, facilitate, or participate in a child placement with a
354     qualified prospective adoptive parent, may not form the basis for:
355          (a) the imposition of a civil fine or other adverse administrative action; or
356          (b) any claim or cause of action under any state or local law.
357          Section 6. Section 78B-6-140 is amended to read:
358          78B-6-140. Itemization of fees and expenses -- Reporting.
359          (1) (a) Except as provided in Subsection [(4)] (5), before the date that a final decree of
360     adoption is entered, a prospective adoptive parent or, if the child was placed by a child-placing
361     agency, the person or agency placing the child shall file with the court an affidavit regarding
362     fees and expenses[, signed by the prospective adoptive parent or parents and the person or
363     agency placing the child, shall be filed with the court] on a form prescribed by the Judicial
364     Council in accordance with Subsection (2).
365          (b) An affidavit filed pursuant to Subsection (1)(a) shall be signed by each prospective

366     adoptive parent and, if the child was placed by a child-placing agency, the person or agency
367     placing the child.
368          (c) The court shall review an affidavit filed under this section for completeness and
369     compliance with the requirements of this section.
370          (d) The results of the court's review under Subsection (1)(c) shall be noted in the
371     court's record.
372          (2) (a) The Judicial Council shall prescribe a uniform form for the affidavit described
373     in Subsection (1).
374          (b) The uniform affidavit form shall [itemize] require itemization of the following
375     items in connection with the adoption:
376          [(a)] (i) all legal expenses[, maternity expenses, medical or hospital expenses, and
377     living expenses] that have been or will be paid to or on behalf of the preexisting parents of the
378     child, including the source of payment;
379          (ii) all maternity expenses that have been or will be paid to or on behalf of the
380     preexisting parents of the child, including the source of payment;
381          (iii) all medical or hospital expenses that have been or will be paid to or on behalf of
382     the preexisting parents of the child, including the source of payment;
383          (iv) all living expenses that have been or will be paid to or on behalf of the preexisting
384     parents of the child, including the source of payment;
385          [(b)] (v) fees paid by the prospective adoptive parent or parents in connection with the
386     adoption;
387          [(c)] (vi) all gifts, property, or other items that have been or will be provided to the
388     preexisting parents, including the source and approximate value of the gifts, property, or other
389     items;
390          [(d)] (vii) all public funds used for any medical or hospital costs in connection with
391     the:
392          [(i)] (A) pregnancy;
393          [(ii)] (B) delivery of the child; or

394          [(iii)] (C) care of the child; and
395          [(e) the state of residence of the:]
396          [(i) birth mother or the preexisting parents; and]
397          [(ii) prospective adoptive parent or parents;]
398          [(f)] (viii) if a child-placing agency placed the child:
399          (A) a description of services provided to the prospective adoptive parents or
400     preexisting parents in connection with the adoption; [and]
401          (B) all expenses associated with matching the prospective adoptive parent or parents
402     and the birth mother;
403          (C) all expenses associated with advertising; and
404          (D) any other agency fees or expenses paid by an adoptive parent that are not itemized
405     under one of the other categories described in this Subsection (2)(b), including a description of
406     the reason for the fee or expense.
407          [(g) that Section 76-7-203 has not been violated.]
408          (c) The uniform affidavit form shall require:
409          (i) a statement of the state of residence of the:
410          (A) birth mother or the preexisting parents; and
411          (B) prospective adoptive parent or parents;
412          (ii) a declaration that Section 76-7-203 has not been violated; and
413          (iii) if the affidavit includes an itemized amount for both of the categories described in
414     Subsections (2)(b)(iii) and (vii), a statement explaining why certain medical or hospital
415     expenses were paid by a source other than public funds.
416          (3) (a) If a child-placing agency, that is licensed by this state, placed the child, the
417     child-placing agency shall provide a copy of the affidavit described in Subsection (1) [shall be
418     provided] to the Office of Licensing within the Department of Health and Human Services.
419          (b) Before August 30 of each year, the Office of Licensing within the Department of
420     Health and Human Services shall provide a written report to the Health and Human Services
421     Interim Committee and to the Judicial Council regarding the cost of adoptions in the state that

422     includes:
423          (i) the total number of affidavits provided to the Office of Licensing during the
424     previous year; and
425          (ii) for each of the categories described in Subsection (2)(b):
426          (A) the average amount disclosed on affidavits submitted during the previous year; and
427          (B) the range of amounts disclosed on affidavits submitted during the previous year;
428          (iii) the average total amount disclosed on affidavits submitted during the previous
429     year;
430          (iv) the range of total amounts disclosed on affidavits submitted during the previous
431     year; and
432          (v) any recommended legislation that may help reduce the cost of adoptions.
433          (c) The Health and Human Services Interim Committee shall, based on information in
434     reports provided under Subsection (3)(b) and in consultation with a consortium described in
435     Subsection 62A-2-108.6(8), consider:
436          (i) what constitutes reasonable fees and expenses related to adoption; and
437          (ii) the standards that may be used to determine whether fees and expenses related to
438     adoption are reasonable in a specific case.
439          (4) The Judicial Council shall make a copy of each report provided by the Office of
440     Licensing under Subsection (3)(b) available to each court that may be required to review an
441     affidavit under Subsection (1)(c).
442          [(4)] (5) This section does not apply if the prospective adoptive parent is the legal
443     spouse of a preexisting parent.