This filing was published in the 04/15/2009, issue, Vol. 2009, No. 8, of the Utah State Bulletin.
Human Services, Child and Family Services
Adoptive Home Studies, Recruitment, Approval
NOTICE OF PROPOSED RULE
DAR File No.: 32457
Filed: 03/19/2009, 11:37
Received by: NL
Purpose of the rule or reason for the change:
This rule is being changed to add the purpose statement and authority citation, to update requirements for approval of placement of a child in a prospective adoptive home, and to make other non-substantive changes for consistency purposes.
Summary of the rule or change:
The proposed changes to this rule add the purpose statement and authority citation under a new Section R512-40-1. All following sections are renumbered. The amendment also makes general wording changes for consistency purposes, more clearly describes what supervision must be available for children in a prospective adoptive home when the potential adoptive parents cannot be in the home, and defines requirements for criminal background checks for all adults living in the prospective adoptive home to comply with federal and state laws.
State statutory or constitutional authorization for this rule:
Sections 62A-4a-102, 62A-4a-106, and 78A-6-308, and Pub. L. 109-248
Anticipated cost or savings to:
the state budget:
None--There will be no increase in costs or savings to the state budget because this does not increase the workload for existing employees and because the funding and infrastructure is already in place to perform the background screening requirements.
None--There will be no increase in costs or savings to local government because it was determined that this rule does not apply to local government.
small businesses and persons other than businesses:
None--There will be no increase in costs or savings to small businesses because it was determined that this rule does not apply to small businesses.
Compliance costs for affected persons:
Prospective adoptive parents will incur a small cost to have their fingerprints scanned for submission to the FBI, when required.
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 801-557-1772, 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:
This rule may become effective on:
Duane Betournay, Director
R512. Human Services, Child and Family Services.
R512-40. Adoptive Home Studies, Recruitment, Approval.
Guidelines for Persons Applying for Adoptive Placement of Special Needs[
Adoptive homes will be approved
following the provisions of R501-7[
-4-3]. 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 special needs[ children].
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 [ home]
shall include the strengths and weaknesses[ of the family].
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.] [ During the supervision period of
school-age child placements, the parent must be at home when the child returns
home from school or approved arrangement for supervision must be made.]
F.] The following factors are critical in the
success of adoptive placements and should be factors in approving adoptive
c]ommitment to adoption,
[a]bility to sustain long-term relationship,
p]roper motivation and realistic expectations,
e]motional openness and flexibility,
s]trong social support system and knowledge of
s]table marital relationship.
G.] The following factors may significantly
contribute to adoption disruption and should be considered in approving
h]istory of emotional or psychological problem or
i]mpulse control disorders,
d]isruptive crisis filled lifestyles,
s]erious problems in child rearing,
u]nrealistic expectations of self and child, and
m]arital difficulties and incompatibilities which
seriously compromise the ability to meet the needs of the child.
4]. Follow-Up Services.
A record of the approved home study shall be maintained in the [ Utah Social Services Delivery System (USSDS).]
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.
At the end of a family's third year[ ,] as an approved prospective
adoptive home, [ the agency] shall notify
the family that their home study will be closed unless the family reapplies for
a new home study to be completed.
5]. Application by Staff of [ the Division of ]Child
and Family Services[ (DCFS)].
Staff members of [
DCFS] may apply to adopt and may adopt children in State
custody in the following manner:
1.] The person applies in the region of
2.] The home study will be completed by staff of
another region on a cooperative basis upon the request of the regional
3.] 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 worker, outside child welfare
specialists, and the State Adoption [ Specialist].
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
Notice of Continuation: August 7, 2007
Authorizing, and Implemented or Interpreted Law: 62A-4a-106
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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 CAROLMILLER@utah.gov
For questions about the rulemaking process, please contact the Division of Administrative Rules (801-538-3764). Please Note: The Division of Administrative Rules is NOT able to answer questions about the content or application of these administrative rules.
Last modified: 04/13/2009 4:53 PM