DAR File No. 31741

Human Services, Child and Family Services

R512-41

Qualifying Adoptive Families and Adoption Placement

NOTICE OF PROPOSED RULE

DAR File No.: 31741
Filed: 07/21/2008, 03:27
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The reason for this rule change is to implement changes in state and federal legislation specific to background screening for prospective adoptive parents.

Summary of the rule or change:

This rule is being modified to require prospective adoptive parents to complete fingerprint-based criminal background screening and out-of-state child abuse registry checks if they have lived outside of Utah in the previous five years, and other nonsubstantive changes.

State statutory or constitutional authorization for this rule:

Sections 62a-4A-120 and 78B-6-131

Anticipated cost or savings to:

the state budget:

This specific rule does not increase costs to the state budget. The state incurred additional costs as the broader legislation was implemented last year to create capacity to implement more extensive background screening for prospective foster and adoptive parents required by federal law. These costs were funded by a fiscal note for H.B. 245 in the 2007 legislative session including $161,000 of ongoing general funds and $83,600 of one-time funds, and with additional federal grant funds; however, this funding and costs are not specific to the changes made by this rule. (DAR NOTE: H.B. 245 (2007) is found at Chapter 152, Laws of Utah 2007, and was effective 04/30/2007.)

local governments:

There will be no cost or savings to local government because funding for this program comes out of state and federal funds and this rule does not apply to local government.

small businesses and persons other than businesses:

There will be no cost or savings to small businesses and persons other than businesses because it was determined that funding for this program comes out of state and federal funds and this rule does not apply to small businesses and persons other than businesses.

Compliance costs for affected persons:

Compliance costs will be minimal for affected persons. Prospective adoptive parents will be required to complete an FBI fingerprint-based check and will be charged $10 per person for the fingerprints to be scanned.

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

There will be no cost or savings on businesses because it was determined that this rule does not apply to businesses. Lisa-Michele Church, 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
120 N 200 W
SALT LAKE CITY UT 84103-1500

Direct questions regarding this rule to:

Carol Miller at the above address, by phone at 801-538-4451, by FAX at 801-538-3993, or by Internet E-mail at CAROLMILLER@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:

09/15/2008

This rule may become effective on:

09/22/2008

Authorized by:

Duane Betournay, Director

R512. Human Services, Child and Family Services.

R512-41. Qualifying Adoptive Families and Adoption Placement.

R512-41-1. Purpose and Authority.

[A. ]As authorized by Sections 62A-4a-102, 62A-4a-105, and 62A-4a-205.6, [the Division]Child and Family Services qualifies adoptive parents and individuals for the adoption of children in the custody of [the Division]Child and Family Services. This rule specifies the requirements used to qualify adoptive parents or individuals and the criteria for adoption placement.

 

R512-41-2. Definitions.

A. For the purpose of this rule the following definitions apply:

1. Adoptive [P]parent(s) means a family or individual who completes [Division]Child and Family Services training for prospective adoptive parent(s) and is approved by a licensed child placement agency or by [the Division]Child and Family Services.

2. Cohabiting means residing with another person and being involved in a sexual relationship.

3. Involved in a sexual relationship means any sexual activity and conduct between persons.

4. 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 and future.

5. Residing means living in the same household on an uninterrupted or an intermittent basis.

 

R512-41-3. Requirements for Adoptive Parent(s).

A. Prospective adoptive [P]parent(s) who apply to adopt a child in the custody of [the Division]Child and Family Services, including kin[, Section 62A-4a-108, ]or [Division]Child and Family Services employees, [Utah Administrative Code, Human Services, R512-40-4, ]must meet all of the following requirements, pursuant to R512-40-4:

1. complete the adoption training program approved by [the Division]Child and Family Services;

2. be assessed and approved as adoptive parent(s)following completion of a home study by a licensed child placement agency or by [the Division]Child and Family Services;

3. obtain a foster care license issued by the Department of Human Services, Office of Licensing[ure], or meet the same standards, or receive a written waiver from [the Division]Child and Family Services of a standard;

4. receive a determination by [the Division]Child and Family Services that no conflict of interest exists in the adoption process.

 

R512-41-4. Adoption Assessment Requirements.

A. An adoption assessment must be consistent with the standards of the Child Welfare League of America (the assessment may be done by a licensed child placement agency or [the Division]Child and Family Services) and must include the following:

1. an autobiography or psychosocial inventory of prospective adoptive parent(s) and family members;

2. a behavioral assessment of parent(s) and children living at home;

3. a declaration that applicants are not cohabiting in a relationship that is not a legal marriage and in compliance with Section 78B-6-137[78-30-9(3)(a and b)];

4. a health status verification of parent(s) and children living at home;

5. a verification of financial status;

6. an assessment of home safety and health;

7. [A]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;

8. 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;

9. an assessment of prospective adoptive parent(s) parenting skills;

10. 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).

A. In the matching process, the selection of adoptive parent(s) will be in the best interest of the child.

B. The decision must be based on a thorough assessment of the child's current and potential development, medical, emotional, and educational needs.

C. 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.

D. The child's preference may be considered, if the child has the capacity to express a preference.

E. When possible and appropriate, sibling groups should not be separated.

F. Foster care parent(s)(or other care[]giver 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)/care[]giver and if removal of the child from the foster parent(s)/care[]giver would be detrimental to the child's well-being.

G. Geographic boundaries alone should not present barriers or delays to the selection of adoptive parent(s).

H. The Indian Child Welfare Act, 25 USC 1901-1963,[ (Public Law 95-608)] takes precedent for an adoption of an Indian child who is a member of a federally recognized tribe or Alaskan native village.

I. Placements will be made in accordance with the Interethnic Adoption Act, 42 USC 1996b.

J. [The division]Child and Family Services observes the following priorities for adoption of children in [the division's]Child and Family Services' custody:

1. [Beginning May 1, 2000, the division]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 child.

 

R512-41-6. Adoption Decision.

A. Permanency decisions should be made in a timely manner recognizing the child's developmental needs and sense of time. [The Division]Child and Family Services shall make intensive efforts to place the child with adoptive parent(s) within 30 days after the court has freed the child for adoption.

B. [The Division]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 committee is also responsible for recommending removal of the child from a placement.

C. The adoption committee will consist of at least three members to include senior-level [Division]Child and Family Services staff and one or more members from an outside agency with expertise in adoption or foster care.

D. Anyone who has information regarding the child and the potential matching families may be invited by the committee to present information but not to participate in the deliberations. The committee will reach its decision through consensus. If consensus cannot be reached, the committee will submit their recommendation to the Region[al] Director. The Region[al] Director may confer with the [Division]Child and Family Services Director for the final decision.

E. The committee will make and retain a written record of their proceedings. All proceedings are confidential.

F. Any member of the committee who has a potential conflict of interest must recuse himself or herself from the proceeding.

G. [The Division]Child and Family Services will send written notification of selection to the adoptive parent(s).

H. [The Division]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 be a full disclosure of all information available and committed to writing. 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. [The Division]Child and Family Services and the prospective adoptive parent(s) will acknowledge receipt of the information by signing [the Division's]Child and Family Services' information disclosure form. [The Division]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.

I. 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. Foster Parents Due Process, Utah Administrative Code, Human Services Rule, R512-31.

J. When approved adoptive parent(s) agree to accept the placement of a child for adoption, the adoptive parent(s) and a representative from [the Division]Child and Family Services shall sign an adoption agreement on a form provided by [the Division]Child and Family Services.

K. When adoptive parent(s) agree to accept the placement of a child who is not free for adoption, the parent(s) shall sign [the Division's]Child and Family Services' Foster Child Adoption agreement.

 

R512-41-7. Information Regarding the Adoptive Parent(s).

[A. ]No identifying information regarding adoptive parent(s) shall be released to birth families without the written consent of the adoptive parent(s).

 

R512-41-8. Placement.

A. [The Division]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.

B. 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. [The Division]Child and Family Services will inform adoptive parent(s)of community services and adoption assistance available before and after the adoption is final.

C. [The Division]Child and Family Services will develop a service plan within 30 days of placement and supervise adoptive parent(s), including frequent visits with the child for at least the first six months after placement.

D. [Division]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.

A. [The Division]Child and Family Services shall consider removal of a child before an adoption is finalized if adoptive parent(s) request removal or if serious circumstances impair the child's security or development.

B. Prior to removal, [the Division]Child and Family Services shall respond to 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.

C. When removal is recommended, the adoption committee shall review the placement progress, present situation, and decide to either continue placement with further services or to remove the child from the home. The Region[al] Director will review and approve the decision.

D. 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, Utah Administrative Code, Human Services, Rule R512-31.

 

R512-41-10. Adoption Finalization and Post Adoption.

[A. ]Before an adoption is final, the adoption committee shall review the placement, authorize finalization, and approve adoption assistance, when appropriate. Utah Administrative Code, Human Services, R512-43.

 

R512-41-11. Adult Adoptee or Adoptive Parent(s) Request for Records.

[A. ]The adoption records of [the Division]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[78-30-18].

 

KEY: child welfare, adoption

Date of Enactment or Last Substantive Amendment: [July 20, 2000]2008

Notice of Continuation: August 27, 2004

Authorizing, and Implemented or Interpreted Law: 62A-4a-105; 62A-4a-205.6