As in effect on June 1, 2008
A. As authorized by Sections 62A-4a-105 and 62A-4a-205.6, the Division qualifies adoptive parents and individuals for the adoption of children in the custody of the Division. This rule specifies the requirements used to qualify adoptive parents or individuals and the criteria for adoption placement.
A. For the purpose of this rule the following definitions apply:
1. Adoptive Parent(s) means a family or individual who completes Division training for prospective adoptive parent(s) and is approved by a licensed child placement agency or by the Division.
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.
A. Prospective adoptive Parent(s) who apply to adopt a child in the custody of the Division, including kin, Section 62A-4a-108, or Division employees, Utah Administrative Code, Human Services, R512-40-4, must meet all of the following requirements:
1. complete the adoption training program approved by the Division;
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;
3. obtain a foster care license issued by the Department of Human Services, Office of Licensure, or meet the same standards, or receive a written waiver from the Division of a standard;
4. receive a determination by the Division that no conflict of interest exists in the adoption process.
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) and must include the following:
1. an autobiography 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 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 criminal background check of all adults present in the home;
8. a screening of all adults present in the home against the child abuse data base;
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).
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 Welfare Act (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 observes the following priorities for adoption of children in the division's custody:
1. Beginning May 1, 2000, the division 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.
A. Permanency decisions should be made in a timely manner recognizing the child's developmental needs and sense of time. The Division 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 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 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 Regional Director. The Regional Director may confer with the Division 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 will send written notification of selection to the adoptive parent(s).
H. The Division 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 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 adoptive parent(s) shall be advised of possible financial and medical assistance available to meet the special needs of the child. The Division and the prospective adoptive parent(s) will acknowledge receipt of the information by signing the Division's information disclosure form. The Division 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 shall sign an adoption agreement on a form provided by the Division.
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 Foster Child Adoption agreement.
A. No identifying information regarding adoptive parent(s) shall be released to birth families without the written consent of the adoptive parent(s).
A. The Division 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 will inform adoptive parent(s)of community services and adoption assistance available before and after the adoption is final.
C. The Division 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 supervision will continue until the adoption is final.
A. The Division 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 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 Regional 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 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.
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.
A. The adoption records of the Division 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 63, Chapter 2. An adult adoptee may also register with the Utah Department of Health Adoption Registry, Section 78-30-18.
child welfare, adoption
July 20, 2000
August 27, 2004
62A-4a-105; 62A-4a-205.6
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