DAR File No. 40195

Human Services, Child and Family Services

Rule R512-42

Adoption by Relatives

Notice of Proposed Rule

(Amendment)

DAR File No.: 40195
Filed: 02/08/2016 09:38:09 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this rule modification is to bring the rule in line with current statute and practice.

Summary of the rule or change:

This rule change is intended to make the rule technically correct with current practice.

State statutory or constitutional authorization for this rule:

• Section 78B-6-102
• Section 62A-4a-102
• Section 78A-6-307
• Section 78B-6-128
• Section 78B-6-117
• Section 78B-6-137
• Section 78B-6-133

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 do not increase workload that would require additional staff or other costs.

local governments:

Local governments have no responsibility for services offered by Child and Family Services and are, therefore, not affected by this rule and will have no fiscal impact.

small businesses:

Small businesses have no responsibility for services offered by Child and Family Services and are, therefore, not affected by this rule and will have no fiscal impact.

persons other than small businesses, businesses, or local governmental entities:

There is no expected fiscal impact for "persons other than small businesses, businesses, or local government entities" because funding requests for services offered by Child and Family Services come out of already-existing budgets.

Compliance costs for affected persons:

Child and Family Services determined that there will be no compliance costs for affected persons because there are no specific costs involved with the changes being made to this rule.

Comments by the department head on the fiscal impact the rule may have on businesses:

This rule will have no fiscal impact on businesses.

Ann Williamson, 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 carolmiller@utah.gov
• Julene Robbins at the above address, by phone at 801-538-4521, by FAX at 801-538-3942, or by Internet E-mail at jhjonesrobbins@utah.gov

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:

03/31/2016

This rule may become effective on:

04/07/2016

Authorized by:

Brent Platt, Director

R512. Human Services, Child and Family Services.

R512-42. Adoption by Relatives.

R512-42-1. Purpose and Authority.

(1) The purpose of this rule is to specify requirements for relatives to adopt a child in the custody of [the Division of ]Child and Family Services[(Child and Family Services)].

(2) This rule is authorized by Section s 62A-4a-102, 78A-6-307, 78B-6-128, and 78B-6-133.

 

R512-42-2. Definitions.

(1) "Child and Family Services" means the Division of Child and Family Services.

(2) "Relative" is defined in Section 78A-6-307.

 

R512-42-[2]3 . Adoption by Relatives.

(1) A relative who has a relationship with a child in state's custody who may become available for adoption may apply to adopt a particular child.

(2) The application and adoptive evaluation (commonly called a home study ) will be handled in accordance with the Child and Family Services Adoption Practice Guidelines, and in accordance with R512-41 and Section s 78B-6-128 and 78B-6-133, based upon the best interest of the child.

(a) Any preferential consideration of a relative defined in Section 78A-6-306 for the initial placement of a child in state's custody expires in 120 days of the shelter hearing.

(b) When a relative who has a significant and substantial relationship with the child as set forth in Section 78B-6-133, and who was not notified by Child and Family Services within 120 days and comes forward when a child in state's custody has a permanency goal of adoption, the long-term needs of the child to have connection with family will be a priority consideration as long as the relative has the ability to meet the long-term physical, emotional, cognitive, and special needs of the child.

(3) When the 120-day time period for preferential consideration for a relative of a child in custody expires, the court shall consider an adoptive petition based on the best interest of the child and shall include:

(a) Where the child is placed.

(b) Where the child has resided for six months.

(c) Relatives who have filed a written statement with the court within 120 days of the date of the shelter hearing to:

(i) request immediate placement of the child; and

(ii) express the petitioner's intention of adopting the child.

(d) Who is a relative:

(i) with whom the child has a significant and substantial relationship; and

(ii) who was unaware, within the first 120 days after the day on which the shelter hearing is held, of the child's removal from the child's parent; or

(e) If the child:

(i) has been in the current placement for less than 180 days before the day on which the petitioner files the petition for adoption; and

(ii) is placed with, or is in the custody or guardianship of, an individual who previously informed Child and Family Services or the court that the individual is unwilling or unable to adopt the child.

 

KEY: adoption

Date of Enactment or Last Substantive Amendment: [February 9, 2010]2016

Notice of Continuation: March 5, 2012

Authorizing, and Implemented or Interpreted Law: 62A-4a-102; 78A-6-307; 78B-6-102; 78B-6-117; 78B-6-128; 78B-6-133; 78B-6-137