File No. 33833
This rule was published in the August 1, 2010, issue (Vol. 2010, No. 15) of the Utah State Bulletin.
Human Services, Child and Family Services
Qualifying Adoptive Families and Adoption Placement
Notice of Proposed Rule
DAR File No.: 33833
Filed: 07/15/2010 09:27:22 AM
Purpose of the rule or reason for the change:
This rule is being changed to add a purpose and authority section and to make minor formatting changes.
Summary of the rule or change:
The proposed changes to this rule add the statutory authority for Child and Family Services to perform rulemaking duties, make revisions to update terminology, and make minor formatting changes for consistency.
State statutory or constitutional authorization for this rule:
- Section 62A-4a-102
- Section 62A-4a-105
- Section 62A-4a-205.6
This rule or change incorporates by reference the following material:
- Adds: Pub. L. No. 110-351, 10/07/2008
Anticipated cost or savings to:
the state budget:
There will be no increase in cost or savings to the state budget because these proposed changes add rulemaking authority for Child and Family Services and make revisions to update terminology, but do not increase workload that would require additional staff or other costs.
There will be no increase in costs or savings to local government because it was determined that this rule does not apply to local government.
There will be no increase in costs or savings to small businesses because it was determined that this rule does not apply to small businesses.
persons other than small businesses, businesses, or local governmental entities:
There will be no increase in costs or savings to persons other than small businesses, businesses, or local government entities because it was determined that this rule does not apply to persons other than small businesses, businesses, or local government entities.
Compliance costs for affected persons:
There are no compliance costs for affected persons associated with implementing the changes to this rule.
Comments by the department head on the fiscal impact the rule may have on businesses:
There will be no costs or savings on businesses.
Lisa-Michele Church, Executive Director
The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:Human Services
Child and Family Services
195 N 1950 W
SALT LAKE CITY, UT 84116
Direct questions regarding this rule to:
- Carol Miller at the above address, by phone at 801-557-1772, by FAX at 801-538-3993, or by Internet E-mail at firstname.lastname@example.org
- Julene Jones at the above address, by phone at 801-538-4521, by FAX at 801-538-3942, or by Internet E-mail at email@example.com
Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:
This rule may become effective on:
Brent Platt, Director
R512. Human Services, Child and Family Services.
R512-41. Qualifying Adoptive Families and Adoption Placement.
R512-41-1. Purpose and Authority.
As authorized by Sections 62A-4a-102, 62A-4a-105, and
62A-4a-205.6, Child and Family Services qualifies adoptive parents
and individuals for the adoption of children in the custody of
Child and Family Services. This rule specifies the requirements
used to qualify adoptive parents or individuals and the criteria
for adoption placement.]
A.] For the purpose of this rule the following definitions
means a family or individual who completes Child and
Family Services training for prospective adoptive parent(s) and is
approved by a licensed child placement agency or by Child and
means residing with another person and being involved
in a sexual relationship.
Involved in a sexual relationship
means any sexual activity and conduct between
means the establishment and maintenance of a
permanent living situation for a child to give the child an
internal sense of family stability and belonging and a sense of
self that connects the child to his or her past, present
means living in the same household on an
uninterrupted or an intermittent basis.
R512-41-3. Requirements for Adoptive Parent(s).
A.] Prospective adoptive parent(s) who apply to adopt a
child in the custody of Child and Family Services, including kin or
Child and Family Services employees, must meet all of the following
requirements, pursuant to
1.] [ c]omplete the adoption training program approved by Child and
2.] [ b]e assessed and approved as adoptive parent(s) following
completion of a home study by a licensed child placement agency or
by Child and Family Services;
3.] [ o]btain a foster care license issued by the Department of
Human Services, Office of Licensing, or meet the same standards, or
receive a written waiver from Child and Family Services of a
4.] [ r]eceive a determination by Child and Family Services that no
conflict of interest exists in the adoption process.
R512-41-4. Adoption [
A.] An adoption [ assessment] must be consistent with the standards of the
Child Welfare League of America (the [ assessment] may be done by a licensed child placement agency
or Child and Family Services) and must include the following:
1.] [ a]n autobiography or psychosocial [ inventory of] prospective adoptive parent(s)
and family members;
2.] [ a] behavioral assessment of
parent(s) and children living at
3.] [ a] declaration that applicants are not cohabiting in a
relationship that is not a legal marriage and
in compliance with Section 78B-6-[ 137];
4.] [ a] health status verification of
parent(s) and children living at
5.] [ a] verification of financial status;
6.] [ a]n assessment of home safety and health;
7.] [ a] criminal background check of all adults present in the
home, including a national fingerprint-based check of prospective
adoptive parents that is approved according to criteria specified
in Section 62A-2-120;
8.] [ a] screening of all adults present in the home against the
child abuse data base, including for prospective adoptive parents a
check of child abuse registries in any states in which the
prospective adoptive parents have resided in the five years prior
to application to adopt;
9.] [ a]n assessment of
prospective adoptive parent(s) parenting skills;
10.] [ r]ecommendation of the types of children that may be
appropriate for the prospective adoptive parent(s).
R512-41-5. Matching the Child and the Adoptive Parent(s).
A.] In the matching process, the selection of
adoptive parent(s) will be in the best interest of the
B.] The decision must be based on a thorough assessment of
the child's current and potential development, medical,
emotional, and educational needs.
C.] The capacity of the prospective adoptive parent(s) to
successfully meet the child's needs and to love and accept the
child as a fully integrated member of the family must be
D.] The child's preference may be considered, if the
child has the capacity to express a preference.
E.] [ When possible and appropriate, s]ibling groups should not be separated.
F.] Foster care parent(s) (or other caregiver with physical
custody) of the child may be given preferential consideration for
adoption if the child has substantial emotional ties with the
foster parent(s)/caregiver and if removal of the child from the
foster parent(s)/caregiver would be detrimental to the child's
G.] Geographic boundaries alone should not present barriers
or delays to the selection of adoptive parent(s).
H.] The Indian Child Welfare Act, 25 USC [ 1901-1963], takes precedent for an adoption of
an Indian child who is a member of a federally recognized tribe or
Alaskan native village.
I.] Placements will be made in accordance with the
Interethnic Adoption Act, 42 USC 1996b
J. Child and Family Services observes the following
priorities for adoption of children in Child and Family
Services' custody: 1.] Child and Family Services gives priority for adoptive
placements to families in which both a man and a woman are legally
married under the laws of this state or valid proof that a court or
administrative order has established a valid common law marriage as
specified in Section 30-1-4.5. An individual who is not cohabiting
may also be considered as an adoptive parent, if the Region
Director determines it is in the best interest of the child.
R512-41-6. Adoption Decision.
A.] Permanency decisions should be made in a timely manner
recognizing the child's developmental needs and sense
of time. Child and Family Services shall make intensive efforts to
place the child with
adoptive parent(s) within 30 days after the court has
freed the child for adoption.
Child and Family Services will appoint and convene
an adoption committee or committees to select adoptive parent(s) in
the best interest of the child and to determine the level of
adoption assistance, if any. The
committee is also responsible for recommending
removal of the child from a placement.
C.] The adoption committee will consist of at least three
members to include senior-level Child and Family Services staff and
one or more members from an outside agency with expertise in
adoption or foster care.
D.] Anyone who has information regarding the child and the
potential matching families may be invited by the
committee to present information but not to
participate in the deliberations. The
committee will reach its decision through
consensus. If consensus cannot be reached, the
committee will submit their recommendation to the
Region Director. The Region Director may confer with the Child and
Family Services Director for the final decision.
committee will make and retain a written record of
their proceedings. All proceedings are confidential.
F.] Any member of the
committee who has a potential conflict of interest
must recuse himself or herself from the proceeding.
G.] Child and Family Services will send written notification
of selection to the adoptive parent(s).
H.] Child and Family Services shall provide detailed
information about the child to the prospective adoptive parent(s),
allowing sufficient time for the prospective adoptive parent(s) to
make an informed decision regarding placement of the child. The
information given to the prospective adoptive parent(s) must [ be a full disclosure] [ of all] information available
[ and committed to writing]. Release of all
documents is subject to the Government Records Management Act. The
prospective adoptive parent(s) shall be advised of possible
financial and medical assistance available to meet the special
needs of the child. Child and Family Services and the prospective
adoptive parent(s) will acknowledge receipt of the information by
Child and Family Services' information disclosure
form. Child and Family Services shall respond to questions or
concerns of the potential adoptive parent(s). The prospective
adoptive parent(s) shall have the opportunity to meet the child
prior to permanent placement.
I.] A family or individual that is not selected for an
adoption placement of a specific child shall have no right to
appeal the decision, unless the parent(s) not selected for the
adoptive placement is the child's current foster parent(s) and
the foster parent(s) have completed all requirements. If the foster
parent(s) are not selected for the adoptive placement, the foster
parent(s) due process rights for removal of a child apply[ . Foster Parents Due Process, Utah Administrative Code,
Human Services Rule,]
approved adoptive parent(s) agree to accept the
placement of a child for adoption, the adoptive parent(s) and a
representative from Child and Family Services shall sign an [ adoption] agreement
on a form provided
by Child and Family Services.
adoptive parent(s) agree to accept the placement of a
child who is not free for adoption, the parent(s) shall sign Child
and Family Services' [ Foster Child Adoption] agreement.
R512-41-7. Information Regarding the Adoptive Parent(s).
No identifying information regarding adoptive parent(s) shall be released to birth families without the written consent of the adoptive parent(s).
A.] Child and Family Services will make every effort to make
a smooth and effective transition of the child to the adoptive
parent(s) with the cooperation of the foster family and others who
have a supportive relationship with the child. All out-of-home
requirements continue to be applicable until the adoption is
[ A]doptive parent(s) will have access to all relevant
information in the case record to help them understand and accept
the child and preserve the child's history. Child and Family
Services will inform
adoptive parent(s) of community services and adoption
assistance available before and after the adoption is final.
C.] Child and Family Services will develop a [ service plan] within 30 days of placement and
adoptive parent(s), including frequent visits with the
child for at least the first six months after placement.
D.] Child and Family Services
supervision will continue until the adoption is
R512-41-9. Adoption Disruption/Removal of a Child from Adoptive Parent(s) Prior to Finalization.
A.] Child and Family Services shall consider removal of a
child before an adoption is finalized if
adoptive parent(s) request removal or if serious
circumstances impair the child's security or development.
B.] Prior to removal, Child and Family Services shall
adoptive parent(s)' concerns in a timely manner,
counsel with the adoptive parent(s)
and, if possible and appropriate, offer further treatment,
including intensive in-home services or temporary removal of the
child from the home for respite purposes.
C.] When removal is recommended, the adoption committee
shall review the placement progress[ ,] present situation, and
decide to either continue placement with further
services or to remove the child from the home. The Region Director
will review and approve the decision.
D.] If the adoption committee decides to remove the child, a
Notice of Agency Action shall be sent to the adoptive parent(s)
notifying them of their due process rights. The adoptive
parent(s) shall be offered the same rights as those offered a
foster family regarding removal of a child[ ,Utah Administrative Code, Human Services,]
R512-41-10. Adoption Finalization and Post Adoption.
Before an adoption is final, the adoption committee shall
review the placement, authorize finalization, and approve adoption
assistance, when appropriate. Utah Administrative Code, Human
R512-41-11. Adult Adoptee or Adoptive Parent(s) Request for Records.
The adoption records of Child and Family Services shall be made available to the adoptive parent(s) or adult adoptee upon written request in accordance with the Government Records Access Management Act, Title 63G, Chapter 2. An adult adoptee may also register with the Utah Department of Health Adoption Registry, Section 78B-6-144.
KEY: child welfare, adoption
Date of Enactment or Last Substantive Amendment: [
September 23, 2008
Notice of Continuation: May 7, 2009
Authorizing, and Implemented or Interpreted Law: 62A-4a-105; 62A-4a-205.6
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For questions regarding the content or application of this rule, please contact Carol Miller at the above address, by phone at 801-557-1772, by FAX at 801-538-3993, or by Internet E-mail at firstname.lastname@example.org; Julene Jones at the above address, by phone at 801-538-4521, by FAX at 801-538-3942, or by Internet E-mail at email@example.com.