Date of Enactment or Last Substantive Amendment, Authorizing, Implemented, or Interpreted Law, http://www.utah.gov/government/agencylist.html, http://www.rules.utah.gov/contact/agencycontacts.htm. (8) "Agency" means a child placing adoption agency. R501-7-11. NOTE: For a list of rules that have been made effective since January 1, 2020, please see the codification segue page. Confinement includes the standard 6 week recovery time from uncomplicated childbirth unless otherwise noted by the woman's physician. NOTE: For a list of rules that have been made effective since January 1, 2020, please see the codification segue page. (6) All staff that provide services shall receive a minimum of 20 hours of pre-service training, prior to independently providing direct client services, and 12 hours annual in-service training. Enacted by Chapter 3, 2008 General Session. (b) If providing only estimated expenses provide the average cost for each itemized fee and each adoption-related expense for the preceding two fiscal years, and the maximum amount that may be charged for each fee and adoption related expense. Statutes, codes, and regulations. (iii) the provision of professional and trauma informed adoption practices; and. (3) "Child Placing" is defined in 62A-2-101. (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. (3) An agency fee may be charged as a flat fee or be itemized and both must clarify what is included or specifically excluded. (b) An agency social worker shall contact the adoptive family within 2 weeks of the placement to offer support. ; and. Read Section R614-1-5 - [Effective 3/9/2021] Adoption and Extension of Established Federal Safety Standards and State of Utah General Safety Orders, Utah Admin. (4) "Child Placing Adoption Agency" means an individual, agency, firm, corporation, association, or group children's home that engages in child placing for the purpose of finding a person to adopt a child or placing a child in a home for adoption. (24) "Mental Health Therapist" is defined in Section 58-60-102. (1) All intercountry adoptions are considered high needs per 62A-4a-601 and require compliance with 62A-4a-609. Adopting Families in states other than Utah : Utah State Statutes: Utah Adoption Statute and Law Title 78B: Judicial Code Chapter 6: Particular Proceedings-Utah Adoption Act (This page was last updated on (10/22/13.) R501. Private Agency or Independent Adoptions Checklist for Utah ICPC Note: Please include in your cover letter contact information including name, email and phone number. 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. Adopting Families in states other than Utah : Utah State Statutes: Utah Adoption Statute and Law Title 78B: Judicial Code Chapter 6: Particular Proceedings-Utah Adoption Act (This page was last updated on (10/22/13.) Plans not previously accepted and fees paid for plan review to Salt Lake City Building Services, will be required to be designed & reviewed under the new codes. (9) Except when authorized by court order pursuant to Section 78B-6-128, a child placing adoption agency shall not place a child in an adoptive home until the home study and each adult's criminal and abuse background screenings have been approved. 78B-6-140. (5) An executive director shall have at least one year of full time paid experience in a licensed child placing adoption agency. R501-7-7. (14) A birth mother who decides not to place her child shall not be responsible for reimbursing the costs of any goods or services provided to her by the prospective adoptive parent(s) or the child placing adoption agency during her pregnancy unless they are first convicted of fraud. Home / Publications / Administrative Code. (g) a child placing adoption agency shall inform prospective adoptive parent(s) of Utah's Mutual Consent Voluntary Adoption Registry, Section 78B-6-144. The UT Wildland Urban Interface Code (UWUIC) based on the 2006 IWUIC is adopted by the Utah Division of Forestry, Fire & State Lands. (iii) adoption issues including grief/loss; (c) provide complete and accurate information to the pre-existing parent(s) regarding their decision to consent to adopt or relinquish; (d) meet in-person, via video, or via telephone with the pre-existing parent(s) to review the designated adoption orientation form provided by the Office; (i) pre-existing parent(s) will be given the opportunity for questions/clarifications before initialing and signing the document; (ii) a pre-existing parent(s) under the age of 18 shall meet privately with the adoption worker unless they waive the option to meet privately; (e) ensure the written consent to relinquishment includes language acknowledging that the pre-existing parent(s) was afforded adoption related counseling, and that the relinquishment is completely voluntary, permanent and irrevocable under Utah Law once signed; (i) a child placing adoption agency shall wait at least 24 hours after the birth of a child before taking the birth mother's relinquishment of parental rights or legal consent to the adoption of her child, in accordance with Section 78B-6-125 or the laws of the state governing the relinquishment. Code 614-1-5, see flags on bad law, and search Casetext’s comprehensive legal database Human Services, Child and Family Services. 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). Usually, the birth mother gives consent to adopt more than twenty-four hours after the birth of the Home / Publications / Administrative Code. The Utah Adoption Act governs Utah adoptions. Utah Code Title 78B, Chapter 6, Part 1: Utah Adoption Act: Who Can Be Adopted: Any child or adult can be adopted, if eligible and the Utah adoption laws are followed. (4) Any fee billed inclusive of an agency fee shall not be billed additionally outside of that agency fee. (q) any other documentation required in order to show compliance with this rule. (c) understand the needs of a child at various developmental stages. (4) A social work supervisor may not supervise more than eight staff and volunteers who provide adoption services to clients. (d) If the agency is charging a flat fee, the disclosure shall contain full acknowledgment by prospective adoptive parents of this fee structure and refund ability of any portion of the flat fee. In addition, access will be permitted 100 years after the birth date (Adoption Records Access Amendments). (e) The written disclosure shall be signed and dated by the prospective adoptive parent(s) and an agency representative and maintained in the adoptive parent(s) file. (b) Staff will be supervised for adherence to training topics. The 2018 codes, including the commercial IECC – and by reference ASHRAE 90.1-2016 – effective in Utah on July 1, 2019. (4) The adoptive applicants shall be informed, in writing, and within ten business days after the decision is made, as to the acceptance or the reasons for the denial of their home study. (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. (2) This rule is authorized by Sections 62A-4a-102, 78A-6-307, 78B-6-128, and 78B-6-133. Including rencently updated code. (iii) enable record retrieval by individuals with a right to access them. (iv) any evaluations they will be performing. https://www.adoptuskids.org/.../how-to-adopt-and-foster/state-information/utah All of these options can help pay for adoption-related expenses in Utah. NOTE TO RULEFILING AGENCIES: Use the RTF version for submitting rule changes. Adoption indemnity benefit. (iii) a description of the child's race, cultural and ethnic background. Adoption records are sealed by the court and cannot be read or copied without permission of the court. (2) In addition to policy and procedure requirements outlined in R501-2, agencies shall develop and adhere to the following adoption-related policies and procedures: (a) a process regarding how to transfer a relinquishment to another agency in compliance with 78B-6-124 (7); (b) a process to identify a high needs child as defined in 62A-4a-601, and once identified comply with 62A-4a-609 including disclosure and training to adoptive parent(s); (c) a process for the temporary placement of children awaiting adoptive placement for over 30-days; (d) a process and standards for the evaluation and approval or denial of an adoptive home study or pre-placement evaluation; (e) process and standards for the evaluation and approval or denial of applications from prospective adoptive parent(s); (f) a written plan for contact, file maintenance, and record retrieval in the event that the agency ceases to provide child placement adoption services; (i) this plan may involve a secondary licensed or file retention entity; (g) a process for identifying the pre-existing parent(s)' utilization of alternative payment sources including any public assistance that may defray adoptive parent(s) costs; (h) policy identifying what is allowable child/pre-existing parent(s) information to be shared with potential adoptive parent(s), including the development of releases of information as needed; (i) policy identifying what is allowable adoptive parent(s) information to be shared with pre-existing parent(s) including the development of releases of information as needed; (j) process for refunds to include a process for refunding to adoptive parents monies they paid in excess of actual expenses or disclosed agency fees. (i) The transition plan shall consider and include as applicable: (C) identification of services the family and child may need based on assessment information; (D) statement of who is responsible for identifying services and who is responsible for paying for such services; (E) time frames for transition that consider and accommodate the identified and potential needs of the child in preparing the child for placement; and. (3) If an agency arranges housing for pre-existing parents, assure that such housing complies with the following minimum standards: (a) housing is in compliance with health, fire, zoning, and other applicable laws and regulations; (b) if the housing meets the definition of Residential Support (R501-22) the agency shall obtain a Residential Support license through the Office of Licensing; (c) housing is clean, well-maintained and adequately furnished; (d) birth mothers shall not share bedrooms with other birth mothers; (e) laundry equipment and supplies shall be available; and. (F) developmentally appropriate counseling with the child to address to mitigate transition related emotional trauma. Limited access to health information may be obtained. (f) any other documentation required in order to show compliance with this rule. A party to the case may ask the court to limit who can attend. The Agency shall refer the potential adoptive parent(s) to coordinate with the Division of People with Disabilities for further disability resources and with Division of Child and Family Services to apply for potential federal adoption assistance; and. (ii) the agency has a written plan involving a secondary entity for contact and file maintenance in the event that the agency changes ownership or ceases to provide child placement adoption services, and notify the Office of Licensing and each client where the records shall be stored; and. Step-parent adoption typically require the noncustodial biological parent to terminate his or her parental rights. Administrative Ethics and Responsibilities. In February 2019 Utah lawmakers adopted the 2018 I-Codes (except the IRC and residential provisions of the IECC, residential remains a "hybrid" 2009/2012/2015 version - see House Bill 218 for details). It includes: (a) Genetic and Social History as defined in 78B-6-103 and used as described in 78B-6-143 which shall include all items defined in 76B-6-103 inclusive of: (i) birth family's medical, genetic, social, and mental health history; (ii) information pertaining to changes in caregivers; and. (18) "High Needs Child" is as defined in 62A-4a-601. (5) An agency may charge and accept payment from the prospective adoptive parent(s) only for reasonable, actual, estimated or outstanding adoption related expenses of the pre-existing parent(s) which are itemized outside of any agency fee. A Utah Uniform Building Standards Act was passed in 1953. Building Code Review & Adoption Amendments, was signed into law by Governor Gary Herbert; this will go into effect July 1, 2019. (23) "Match" means the identification of a specific potential adoptive child with a specific potential adoptive family. (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. (3) Each social work supervisor shall be licensed in this state as a mental health therapist, shall comply with the Utah Mental Health Professional Practice Act, and shall have at least one year of full time paid professional experience in a licensed child placing adoption agency. 78B-6-102. For the past several years, Utah State Statute 58-56-4 required statewide adoption of a building code, residential code, plumbing code, mechanical code, and fuel gas code promulgated by a nationally recognized code authority. Utah Code is the compilation of laws enacted by the Utah Legislature that are codified. Administrative Documentation. (a) The agency shall provide applicants with a written copy of the agency's appeal process, which shall include the right to submit a written appeal and request for reconsideration, upon order of the court in accordance with Section 78B-6-128. Utah Administrative Code. (vi) the affidavit shall include the signature of an agency representative with adequate knowledge to verify the contents of the affidavit are accurate and complete. (1) This rule is authorized under Section 62A-2-106. Yes, almost always. For example, most adoption professionals in Utah require that adoptive parents be at least 21 years old. (19) "Home Study" is equivalent to a pre-placement adoptive evaluation as outlined in 78B-6-128 and is the written assessment of an applicant's ability to be considered for adoptive placement. (11) The agency shall retain documentation for any adoption related expense exceeding twenty five dollars, which may include receipts, lease agreements, signed fund transfers to pre-existing parent(s) in reasonable amounts in order to cover basic daily needs such as food and household supplies, and any other pertinent documentation. Including rencently updated code. 62A-4a-102; 78A-6-307; 78B-6-102; 78B-6-117; 78B-6-128; 78B-6-133; 78B-6-137. Applicants who work outside the home shall provide a written plan describing how they shall provide security and responsible child care to meet the individual child's needs. However, Utah does have an adoption registry that has identifying information of an adopted child and their natural parent. Here are answers to some of the most commonly asked questions regarding adoption. (c) Prior to finalization, a minimum of one in-home supervisory visit with both parents and child present shall be made by an agency social worker: (i) to assess that the child and family are adjusting and child is receiving necessary care, nurturance, medical care, and services as needed. (a) A needs assessment for the child shall be completed to obtain information and identify characteristics which should be given consideration in selecting and preparing a child for an adoptive family and promote appropriate placement for the child. (a) If a disruption occurs, a child placing agency shall provide for the care of the child. District court jurisdiction over certain termination of parental rights proceedings. Private Utah adoptions between birthmothers and the adopting parents are not specifically addressed within the state code, but this type of adoption is still common within the state. Ten years. The 2009 passage of SB211 moved the adoption … Regardless of the fee structure, fees and expenses must be itemized in accordance with this Rule and Utah Code Ann. (12) An agency shall not charge the adoptive parent(s) for the temporary living expenses of any person other than the pre-existing parent(s) or directly affected persons. (e) A private child placing adoption agency shall obtain a copy of the foster home or facility license prior to placing a child, and shall retain the license in the child's case file. (b) If the family states they would be open to a child with special needs or high needs, they will complete training specific to identified needs and in compliance with 62A-4a-609-2. (b) If the agency charges a flat fee for adoption related expenses, the amount must be stated in the disclosure outlined in (7) of this section and the policies related to refunds, increases of decreases in those fees must be outlined in the disclosure. (d) If a child placing adoption agency other than DCFS assumes custody of a child and the child is not able to be directly placed in an adoptive placement: (i) the agency may temporarily place the child in a currently home studied adoptive home for up to 30 days; or. These expenses are limited to the following: (b) adoption related legal fees to utilize an independent attorney for the adoption; (c) maternity expenses limited to pregnancy related clothing, pre-natal vitamins, other non-medical pregnancy related needs; (d) medical and hospital expenses limited to pregnancy and childbirth related medical expenses for the mother/child; and. (1) A child placing adoption agency shall have at least one social work supervisor responsible for directly supervising all staff and volunteers who provide adoption services to clients. At Utah.Law, P.C., our family law attorneys handle adoptions in the following categories: – Step-parent adoptions: “Blended” families are increasingly common in today’s society. (a) Child placing adoption agencies shall recruit adoptive families that are able to meet the needs of children the agency serves. - Utah Adoption Act The Utah State Courts mission is to provide the people an open, fair, efficient, and independent system … (i) The agency shall provide the adoptive parent(s) written notice of their right to appeal and the procedure for appeal. (2) Adoptive Parent(s) Files shall cross-reference all related files and shall contain: (a) signed and dated application for service including agency disclosure of religion and marital status polices on the application; (b) signed and dated adoptive parent(s) adoptive orientation form as required and provided by DHS Office of Licensing; (c) proof that the content of the pre-existing parent(s) adoption orientation form was provided to adoptive parent(s); (d) proof of compliance with 62A-4a-607 regarding the availability of children in state custody for adoption; (e) itemized written fee disclosure statement as described in Section R501-7-6 signed and dated by prospective adoptive parent(s) and agency representative prior to entering any agreements as outlined in; (f) proof of identification or documented due diligence to determine identity; (g) copies of marriage certificates, divorce papers, custody and visitation orders, proof of US citizenship; (h) proof that all allowable child/pre-existing parent(s) information was shared with adoptive parent(s); (i) voluntary consent agreement acknowledging conflict of interests per R501-7-4 (A); (j) documentation and itemization of all reasonable and actual adoption-related expenses that exceed $25.00 charged to the adoptive parent(s) as outlined in R501-7-6 to include: (i) written agreement and justification for any expenses charged to the prospective adoptive parent(s) outside the fee disclosure statement; (ii) affidavit signed by adoptive parent(s) and agency representative outlining itemized actual expenditures made on behalf of the pre-existing parent(s) as outlined in fees disclosures section R501-7-6; (k) record of all payments received and disbursements made; (l) home study/pre placement evaluation as outlined in R501-7-9 and 78B-6-128; (i) and including a child abuse registry report obtained from all applicable child welfare agencies per R501-7-9(3)(c)(i); (m) case notes describing all services provided; (n) physician report for each prospective adoptive parent; (o) background clearances for prospective adoptive parent(s) and all adults over age 18 residing in the home; (p) proof of ability to provide health care for an adopted child; (r) documentation of all requests for information or sharing of information to include: (i) post adopt information exchange with pre-existing parent(s); and. 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