Utah Administrative Code

The Utah Administrative Code is the body of all effective administrative rules as compiled and organized by the Division of Administrative Rules (see Subsection 63G-3-102(5); see also Sections 63G-3-701 and 702).

NOTE: For a list of rules that have been made effective since January 1, 2020, please see the codification segue page.

NOTE TO RULEFILING AGENCIES: Use the RTF version for submitting rule changes.


R512. Human Services, Child and Family Services.

Rule R512-42. Adoption by Relatives.

As in effect on January 1, 2020

Table of Contents

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, and who was not 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 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 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.

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

(c) The petitioner's home is where the child has resided for six months.

(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

November 21, 2019

Notice of Continuation

October 13, 2016

Authorizing, 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

Contact

For questions regarding the content or application of rules under Title R512, please contact the promulgating agency (Human Services, Child and Family Services). A list of agencies with links to their homepages is available at http://www.utah.gov/government/agencylist.html or from http://www.rules.utah.gov/contact/agencycontacts.htm.