DAR File No. 40256
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
Qualifying Adoptive Families and Adoption Placement
Notice of Proposed Rule
DAR File No.: 40256
Filed: 03/10/2016 12:00:08 PM
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:
The content of the amendment is to make technical changes to the rule to bring it in line with current practice by explaining the procedure for qualifying adoptive families for adoption placement.
State statutory or constitutional authorization for this rule:
- Section 62A-4a-205.6
- Section 62A-4a-102
- Section 62A-4a-105
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.
R512-41. 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).
(1) For the purpose of this rule the following definitions apply:
(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
(b) "Cohabiting" means residing with another
person and being involved in a sexual relationship. (c) "Involved in a sexual relationship" means any
sexual activity and conduct between persons.]
(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,
(e) "Residing" means living in the same household
on an uninterrupted or an intermittent basis.]
R512-41-3. Requirements for Adoptive Parent(s).
(1) Prospective adoptive parent(s) who
apply to adopt a child in the custody of Child and Family Services,
kin or Child and Family Services employees, must meet all
of the following requirements, pursuant to Rule
R512-40: (a) Complete the adoption training program approved by
Child and Family Services; (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; (c) 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; (d) Receive a determination by Child and Family Services
that no conflict of interest exists in the adoption
R512-41-4. Adoption Evaluation Requirements.
(1) An adoption evaluation must be consistent with the
standards of the Child Welfare League of America (the evaluation
may be done by a licensed child placement agency or Child and
Family Services) and must include the following: (a) An autobiography or psychosocial information gathered
from the prospective adoptive parent(s) and family
members; (b) A behavioral assessment of the prospective adoptive
parent(s) and children living at home; (c) A statement that applicants are not cohabiting in a
relationship that is not a legal marriage and are in compliance
with Section 78B-6-117; (d) A health status verification of the prospective
adoptive parent(s) and children living at home; (e) A verification of financial status; (f) An assessment of home safety and health; (g) 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; (h) 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; (i) An assessment of the prospective adoptive parent(s)
parenting skills; (k) 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).
In the matching process, t]he selection of the adoptive parent(s)
[ in] the best interest of the child.
(2) The decision must be based on a thorough assessment of the child's current and potential development, medical, emotional, and educational needs.
(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.
(4) The child's preference may be considered, if the child has the capacity to express a preference.
(5) Sibling groups should not be separated.
(a) If siblings are not placed together
and there are no safety concerns that preclude the siblings being
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.
(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.
(7) Geographic boundaries alone should not present barriers
or delays to the selection of adoptive parent(s). (8) The Indian Child Welfare Act, 25 USC 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. (9) Placements will be made in accordance with the
Interethnic Adoption Act, 42 USC 1996b (2010). (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
R512-41-6. Adoption Decision.
(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. (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. (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. (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. (5) The adoption committee will make and retain a written
record of their proceedings. All proceedings are
confidential. (6) Any member of the adoption committee who has a
potential conflict of interest must recuse himself or herself
from the proceeding. (7) Child and Family Services will send written
notification of selection to the adoptive parent(s). (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 include detailed information available in writing
that is important to raise the child. 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. (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
(Rule R512-31). (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
agreement for the intent to adopt a specific child on a form
provided by Child and Family Services. (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 care
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).]
(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. (2) The 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. (3) Child and Family Services will develop a 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. (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.
(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. (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. (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. (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 (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
R512-41-10. Adoption Finalization and Post Adoption.
(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.]
. 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: [
July 22, 2013]
Notice of Continuation: January 28, 2014
Authorizing, and Implemented or Interpreted Law: 62A-4a-102; 62A-4a-105; 62A-4a-205.6
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.