Human Services, Child and Family Services

Rule R512-41

Qualifying Adoptive Families and Adoption Placement

Notice of Proposed Rule

(Amendment)

DAR File No.: 33833
Filed: 07/15/2010 09:27:22 AM

RULE ANALYSIS

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.

local governments:

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.

small businesses:

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 [email protected]
• 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 protected]

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:

08/31/2010

This rule may become effective on:

09/07/2010

Authorized by:

Brent Platt, Director

R512. Human Services, Child and Family Services.

R512-41. Qualifying Adoptive Families and Adoption Placement.

R512-41-1. Purpose and Authority.

(1) The purpose of this rule is to define the requirements used to qualify adoptive parents or individuals and the criteria for adoption placement used by the Division of Child and Family Services (Child and Family Services).

(2) This rule is authorized by Section 62A-4a-102. This rule also incorporates by reference Public Law 110-351 (2008).[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.]

 

R512-41-2. Definitions.

[A.](1) For the purpose of this rule the following definitions apply:

[1.](a) "Adoptive parent(s) " 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 Family Services.

[2.](b) "Cohabiting " means residing with another person and being involved in a sexual relationship.

[3.](c) "Involved in a sexual relationship " means any sexual activity and conduct between persons.

[4.](d) "Permanency " 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 , and future.

[5.](e) "Residing " means living in the same household on an uninterrupted or an intermittent basis.

 

R512-41-3. Requirements for Adoptive Parent(s).

[A.](1) 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 Rule R512-40[-4]:

[1.](a) [c]Complete the adoption training program approved by Child and Family Services;

[2.](b) [b]Be 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.](c) [o]Obtain 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 standard;

[4.](d) [r]Receive a determination by Child and Family Services that no conflict of interest exists in the adoption process.

 

R512-41-4. Adoption [Assessment]Evaluation Requirements.

[A.](1) An adoption [assessment]evaluation must be consistent with the standards of the Child Welfare League of America (the [assessment]evaluation may be done by a licensed child placement agency or Child and Family Services) and must include the following:

[1.](a) [a]An autobiography or psychosocial [inventory of]information gathered from the prospective adoptive parent(s) and family members;

[2.](b) [a]A behavioral assessment of the prospective adoptive parent(s) and children living at home;

[3.](c) [a]A declaration that applicants are not cohabiting in a relationship that is not a legal marriage and are in compliance with Section 78B-6-[137]117;

[4.](d) [a]A health status verification of the prospective adoptive parent(s) and children living at home;

[5.](e) [a]A verification of financial status;

[6.](f) [a]An assessment of home safety and health;

[7.](g) [a]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.](h) [a]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.](i) [a]An assessment of the prospective adoptive parent(s) parenting skills;

[10.](k) [r]Recommendation 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.](1) In the matching process, the selection of the adoptive parent(s) will be in the best interest of the child.

[B.](2) The decision must be based on a thorough assessment of the child's current and potential development, medical, emotional, and educational needs.

[C.](3) 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 considered.

[D.](4) The child's preference may be considered, if the child has the capacity to express a preference.

[E.](5) [When possible and appropriate, s]Sibling groups should not be separated.

(a) If siblings are not placed together and there are no safety concerns that preclude the siblings being together, the adoption committee should reconsider a family for all the siblings to be adopted together.

(b) If the siblings are not able to be adopted together or if being taken from a current family would create undue trauma to the child, arrangements should be made to allow life-long contact to be pursued between the adoptive families of the separated siblings.

[F.](6) 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 well-being.

[G.](7) Geographic boundaries alone should not present barriers or delays to the selection of adoptive parent(s).

[H.](8) The Indian Child Welfare Act, 25 USC [1901-1963]1915 (January 3, 2007), takes precedent for an adoption of an Indian child who is a member of a federally recognized tribe or Alaskan native village.

[I.](9) Placements will be made in accordance with the Interethnic Adoption Act, 42 USC 1996b (January 3, 2007).

[J. Child and Family Services observes the following priorities for adoption of children in Child and Family Services' custody:

1.](10) 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.](1) 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 the adoptive parent(s) within 30 days after the court has freed the child for adoption.

[B.](2) When the child is not residing with the family that will adopt the child, 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 adoption committee is also responsible for recommending removal of the child from a placement.

[C.](3) 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.](4) Anyone who has information regarding the child and the potential matching families may be invited by the adoption committee to present information but not to participate in the deliberations. The adoption committee will reach its decision through consensus. If consensus cannot be reached, the adoption 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.

[E.](5) The adoption committee will make and retain a written record of their proceedings. All proceedings are confidential.

[F.](6) Any member of the adoption committee who has a potential conflict of interest must recuse himself or herself from the proceeding.

[G.](7) Child and Family Services will send written notification of selection to the adoptive parent(s).

[H.](8) 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]include detailed [of all] information available in writing that is important to raise the child[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 signing a 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.](9) 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,] (Rule R512-31 ).

[J.](10) When the 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 for the intent to adopt a specific child on a form provided by Child and Family Services.

[K.](11) When the 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]foster care agreement.

 

R512-41-7. Information Regarding the Adoptive Parent(s).

(1) No identifying information regarding the adoptive parent(s) shall be released to birth families without the written consent of the adoptive parent(s).

 

R512-41-8. Placement.

[A.](1) 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 finalized.

[B.](2) The [A]adoptive 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 the adoptive parent(s) of community services and adoption assistance available before and after the adoption is final.

[C.](3) Child and Family Services will develop a [service plan]Child and Family Plan within 30 days of placement and supervise the adoptive parent(s), including frequent visits with the child for at least the first six months after placement.

[D.](4) Child and Family Services ' supervision will continue until the adoption is final.

 

R512-41-9. Adoption Disruption/Removal of a Child from Adoptive Parent(s) Prior to Finalization.

[A.](1) Child and Family Services shall consider removal of a child before an adoption is finalized if the adoptive parent(s) request removal or if serious circumstances impair the child's security or development.

[B.](2) Prior to removal, Child and Family Services shall respond to the 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.](3) When removal is recommended, the adoption committee shall review the placement progress[,]and present situation, and shall 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.](4) 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,] (Rule R512-31 ).

(5) Child and Family Services will reconsider any potential kinship caregivers if the child is disrupted or removed from an adoptive placement or a permanent placement has not been identified.

 

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 Services, R512-43.](1) Before an adoption is final, the adoption assistance committee shall assess if the child qualifies for adoption assistance and, when appropriate, what level of monthly subsidy the child is eligible to receive (Rule R512-43).

(2) The prospective adoptive family shall be made aware of available post adoption resources.

 

R512-41-11. Adult Adoptee or Adoptive Parent(s) Request for Records.

(1) 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 ] 2010

Notice of Continuation: May 7, 2009

Authorizing, and Implemented or Interpreted Law: 62A-4a-102; 62A-4a-105; 62A-4a-205.6