DAR File No. 40255
This rule was published in the April 1, 2016, issue (Vol. 2016, No. 7) of the Utah State Bulletin.
Human Services, Child and Family Services
Adoptive Home Studies, Recruitment, Approval
Notice of Proposed Rule
(Repeal and Reenact)
DAR File No.: 40255
Filed: 03/10/2016 11:56:08 AM
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:
In this repeal and reenactment, the new rule includes definitions and the procedure for recruitment of adoptive families for children in the custody of Child and Family Services, which was not included in the old rule.
State statutory or constitutional authorization for this rule:
- Section 62A-4a-105
- Section 53-10-108
- Section 62A-4a-102
- Section 62A-4a-607
- Section 62A-4a-205.6
- Section 78B-6-128
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 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 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 firstname.lastname@example.org
- Julene Robbins 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.
R512-40. Adoptive Home Studies, Recruitment, Approval.
R512-40-1. Purpose and Authority.
(1) The purpose of this rule is to establish standards
for conducting adoptive home studies, recruitment of adoptive
homes, and approval of adoptive homes. (2) This rule is authorized by Section
R512-40-2. Guidelines for Persons Applying for Adoptive
Placement of a Child With Special Needs.
(1) Adoptive homes will be approved following the
provisions of R501-7. In addition, the following factors will be
considered: (a) Adoptive applicants shall apply in the region where
they reside. (b) Both couples and single individuals may be approved
as prospective adoptive parents based upon their ability to
provide for children with special needs. (c) Applicants shall show commitment and stability in
existing family relationships which would provide a base for an
adoptive child. (d) The evaluation of the family shall include their
strengths and weaknesses. Recommendations shall be made as to the
age and type of child who can best fit into the home to ensure
the healthy development of the child. (e) Potential adoptive parents must arrange supervision
for the child at times when they are not able to be in the home
with the child. Supervision is to be in accordance to the
child's age and developmental ability. (f) A prospective adoptive parent may not be approved for
the adoptive placement of a child in state custody unless the
prospective adoptive parent and any adults living in the home
have completed criminal background checks required by Section
78A-6-308 and P.L. 109-248. (g) The following factors are critical in the success of
adoptive placements and should be factors in approving adoptive
applicants: (i) Commitment to adoption, (ii) Ability to sustain long-term relationship, (iii) Proper motivation and realistic
expectations, (iv) Emotional openness and flexibility, (v) Empathy, (vi) Strong social support system and knowledge of
resources, and (vii) Stable marital relationship. (h) The following factors may significantly contribute to
adoption disruption and should be considered in approving
adoptive applicants: (i) History of emotional or psychological problem or
substance abuse, (ii) Impulse control disorders, (iii) Disruptive crisis filled lifestyles, (iv) Criminal activity, (v) Serious problems in child rearing, (vi) Unrealistic expectations of self and child,
and (vii) Marital difficulties and incompatibilities which
seriously compromise the ability to meet the needs of the
R512-40-3. Follow-Up Services.
(1) A record of the approved home study shall be
maintained in the Division of Child and Family Services (Child
and Family Services) Management Information System. (2) Any significant changes in the family's situation
shall be documented by revisions or additions on an annual basis
in the adoptive study, including revised medical reports, if
needed. (3) At the end of a family's third year as an
approved prospective adoptive home, Child and Family Services
shall notify the family that their home study will be closed
unless the family reapplies for a new home study to be
R512-40-4. Application by Staff of Child and Family
(1) Staff members of Child and Family Services may apply
to adopt and may adopt children in State custody in the following
manner: (a) The person applies in the region of
residence. (b) The home study will be completed by staff of another
region on a cooperative basis upon the request of the regional
director. (c) Approval of placement of a child in a staff
member's home will be by the region having custody of the
child. If the prospective adoptive parent is from the same region
as the child, the placing committee will consist of the child's
caseworker, outside child welfare specialists, and the State
Adoption Program Administrator. Supervision will be by the placing
region, unless the child and prospective parent are from the same
region, in which case, another region will provide
Date of Enactment or Last Substantive Amendment: [
May 27, 2009]
Notice of Continuation: March 5, 2012
Authorizing, and Implemented or Interpreted Law:
62A-4a-106; 78A-6-308; Pub. L. 109-248
More information about a Notice of Proposed Rule is available online.
The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at https://rules.utah.gov/publicat/bull-pdf/2016/b20160401.pdf. The HTML edition of the Bulletin is a convenience copy. Any discrepancy between the PDF version and HTML version is resolved in favor of the PDF version.
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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 Robbins 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. For questions about the rulemaking process, please contact the Division of Administrative Rules.