DAR File No. 44102

This rule was published in the October 15, 2019, issue (Vol. 2019, No. 20) of the Utah State Bulletin.


Human Services, Child and Family Services

Rule R512-42

Adoption by Relatives

Notice of Proposed Rule

(Amendment)

DAR File No.: 44102
Filed: 09/24/2019 12:13:38 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is being changed in response to S.B. 128, passed in the 2019 General Session.

Summary of the rule or change:

The proposed changes to this rule bring the rule in-line with statutory changes from S.B. 128 (2019).

Statutory or constitutional authorization for this rule:

  • Section 78B-6-102
  • Section 62A-4a-102
  • Section 78A-6-207
  • Section 78B-6-128
  • Section 78B-6-117
  • Section 78B-6-137
  • Section 78B-6-133

Anticipated cost or savings to:

the state budget:

The proposed changes to this rule are not expected to have any fiscal impact on state government revenues or expenditures as the revised language brings the rule current to language in S.B. 128 (2019).

local governments:

There is little or no impact to local governments due to these rule changes. These revisions bring the rule in-line with S.B. 128 (2019).

small businesses:

There is little or no impact to small businesses due to this rule modification. These revisions bring the rule in-line with S.B. 128 (2019).

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

There is little or no impact to other persons due to revisions made to this rule. These revisions bring the rule in-line with S.B. 128 (2019).

Compliance costs for affected persons:

There are no compliance costs for affected persons associated with implementing these rule changes because these changes are not fiscal in nature.

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

After conducting a thorough analysis, it was determined that these proposed rule changes will not result in a fiscal impact to small or non-small businesses because this rule specifies requirements for relatives to adopt a child in the custody of the Division of Child and Family Services, which is expected to have no costs for businesses and only minimal, unquantifiable potential savings.

Ann Williamson, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Office 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
  • Jonah Shaw at the above address, by phone at 801-538-4219, by FAX at 801-538-3942, or by Internet E-mail at jshaw@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:

11/14/2019

This rule may become effective on:

11/21/2019

Authorized by:

Diane Moore, Director

RULE TEXT

Appendix 1: Regulatory Impact Summary Table*

Fiscal Costs

FY 2020

FY 2021

FY 2022

State Government

$0

$0

$0

Local Government

$0

$0

$0

Small Businesses

$0

$0

$0

Non-Small Businesses

$0

$0

$0

Other Person

$0

$0

$0

Total Fiscal Costs:

$0

$0

$0





Fiscal Benefits




State Government

$0

$0

$0

Local Government

$0

$0

$0

Small Businesses

$0

$0

$0

Non-Small Businesses

$0

$0

$0

Other Persons

$0

$0

$0

Total Fiscal Benefits:

$0

$0

$0





Net Fiscal Benefits:

$0

$0

$0

 

*This table only includes fiscal impacts that could be measured. If there are inestimable fiscal impacts, they will not be included in this table. Inestimable impacts for State Government, Local Government, Small Businesses and Other Persons are described in the narrative. Inestimable impacts for Non - Small Businesses are described in Appendix 2.

 

Appendix 2: Regulatory Impact to Non - Small Businesses

These proposed rule changes are not expected to have any fiscal impact on non-small businesses because non-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.

 

The head of the Department of Human Services, Ann Williamson, has reviewed and approved this fiscal analysis.

 

 

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 Child and Family Services.

(2) This rule is authorized by Sections 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.

 

R512-42-3. 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 Sections 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, as set forth in Section 78B-6-133, 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]aware or did not come forward within 120 days, 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:]can grant a hearing to a petitioner that meets the following criteria:

(a) A relative who did not come forward in the first 120 days, if:

(i) they have a significant and substantial relationship with the child; and

(ii) the child is with another relative who is unable or unwilling to adopt the child; and

(iii) they were unaware the child was in foster care; and

(iv) they filed a written statement with the court within 30 days of reunification services being terminated to express the intent to assume full custody and adopt the child.

[(a)](b) The petitioner's home is where the child is placed.

[(b)](c) The petitioner's home is 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)](d) 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: [April 7, 2016]2019

Notice of Continuation: October 13, 2016

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


Additional Information

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/2019/b20191015.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.

Text to be deleted is struck through and surrounded by brackets ([example]). Text to be added is underlined (example).  Older browsers may not depict some or any of these attributes on the screen or when the document is printed.

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 carolmiller@utah.gov; Jonah Shaw at the above address, by phone at 801-538-4219, by FAX at 801-538-3942, or by Internet E-mail at jshaw@utah.gov.  For questions about the rulemaking process, please contact the Office of Administrative Rules.