8-105

8-105. Preadoption certification; investigation;
central adoption registry

A. Before any prospective adoptive parent may petition to adopt a child the person
shall be certified by the court as acceptable to adopt children. A certificate shall be
issued only after an investigation conducted by an officer of the court, by an agency or
by the division. A written application for certification shall be made directly to the
court, to an agency or to the division, in the form and content required by the court,
agency or division.

B. The division is not required to accept every application for certification. In
determining which applications to accept the division may give priority to applications
filed by adult residents of this state who wish to adopt a child who has any special
needs as defined in section 8-141.

C. After receiving and accepting the written and completed application of the
prospective adoptive parent or parents, which shall include a financial statement and a
physician's or a registered nurse practitioner's statement of each applicant's physical
health, the division, the agency or an officer of the court shall conduct or cause to be
conducted an investigation of the prospective adoptive parent or parents to determine if
they are fit and proper persons to adopt children.

D. The division shall not present for certification a prospective adoptive parent
unless that person and each other adult member of the household have a valid fingerprint
clearance card issued pursuant to section 41-1758.07. The prospective adoptive parent and
each other adult member of the household must certify on forms that are provided by the
division and that are notarized whether that person is awaiting trial on or has ever been
convicted of any of the criminal offenses listed in section 41-1758.07, subsections B and
C in this state or similar offenses in another state or jurisdiction.

E. An officer of the court may obtain a state and federal criminal records check
pursuant to section 41-1750 and Public Law 92-544. The department of public safety may
exchange this fingerprint data with the federal bureau of investigation.

F. This investigation and report to the court shall consider all relevant and
material facts dealing with the prospective adoptive parents' fitness to adopt children
and shall include:

1. A complete social history.

2. The financial condition of the applicant.

3. The moral fitness of the applicant.

4. The religious background of the applicant.

5. The physical and mental health condition of the applicants.

6. Any court action for or adjudication of child abuse, abandonment of children,
dependency or termination of parent-child relationship in which the applicant had
control, care or custody of the child who was the subject of the action.

7. Whether the person or persons wish to be placed on the central registry
established in subsection M of this section.

8. All other facts bearing on the issue of the fitness of the prospective adoptive
parents that the court, agency or division may deem relevant.

G. The investigator shall not reveal to the prospective adoptive parents the
identity of a child or the child's parent or parents and shall not reveal to the child or
the child's parent or parents the identity of the prospective adoptive parents if these
facts are not already known.

H. Within ninety days after the original application prescribed by subsection A of
this section has been accepted, the division or the agency or a person or agency
designated by the court to conduct an investigation shall present to the juvenile court
the written report required by subsection F of this section, which shall include a
definite recommendation for certifying the applicant as being acceptable or nonacceptable
to adopt children and the reasons for the recommendation.

I. Within sixty days after receiving the investigation report required by
subsections F and H of this section, the court shall certify the applicant as being
acceptable or nonacceptable to adopt children based on the investigation report and
recommendations of the report. A certification remains in effect for eighteen months from
the date of its issuance and may be extended for additional one year periods if after
review the court finds that there have been no material changes in circumstances that
would adversely affect the acceptability of the applicant to adopt.

J. The court may require additional investigation if it finds that additional
information is necessary on which to make an appropriate decision regarding
certification.

K. Any applicant who has been certified as nonacceptable may petition the court to
review such certification. Notice shall be given to all interested parties and the
matter shall be heard by the court, which may affirm or reverse the certification.

L. If the applicant is certified as nonacceptable, the applicant may not reapply
for certification to the court, to any agency or to the division for one year.

M. The division shall maintain a central adoption registry that includes the names
of all prospective adoptive parents currently certified by the court as acceptable to
adopt children, except those who request that their names not be included, the names of
all children who are under the jurisdiction of the division and who are currently
available for adoption, the names of any other children who are currently available for
adoption and whose names are voluntarily entered in the registry by any agency, parent or
other person that has the right to give consent to the child's adoption, and other
information as the division may elect to include in aid of adoptive placements. Access to
information in the registry shall be made available on request to any agency under
assurances as the division may require that the information sought is in furtherance of
adoptive placements and that confidentiality of the information is preserved.

N. This section does not apply if:

1. The prospective adoptive parent is the spouse of the birth or legal parent of
the child to be adopted or is an uncle, aunt, adult sibling, grandparent or
great-grandparent of the child of the whole or half-blood or by marriage or adoption.

2. The birth or legal parent is deceased but at the time of death the parent had
legal and physical custody of the child to be adopted and the child had resided primarily
with the spouse of the birth or legal parent during the twenty-four months before the
death of the parent.

3. The grandparent, great-grandparent, aunt, adult sibling or uncle is deceased but
at the time of death that person had legal and physical custody of the child to be
adopted and the child had resided primarily with the spouse of the grandparent,
great-grandparent, aunt, adult sibling or uncle during the twenty-four months before the
death of the grandparent, great-grandparent, aunt, adult sibling or uncle.

O. If the applicant has adopted a child within three years preceding the current
application and is applying to adopt another child or is a foster parent who is licensed
by this state, the division or agency or a person designated by the court to conduct an
investigation shall only provide an update report on any changes in circumstances that
have occurred since the previous certification or licensing report. If the applicant has
adopted a child more than three years before the current application and is applying to
adopt another child, the division or agency or a person designated by the court to
conduct an investigation may provide an updated report on any changes in circumstances
that have occurred since the previous certification or licensing report. The court shall
certify the applicant as acceptable to adopt unless there are changes in circumstances
that adversely affect the applicant's parenting ability. In making this determination,
the court shall consider information from the prior certification or licensing report.