8-112

8-112. Social studies; requirements

A. The division, an agency or an officer of the court shall conduct and submit a
social study to the court ten days before the hearing on the petition to
adopt. Notwithstanding any other provisions of this section, the court may order an
additional social study or waive the social study if it determines that this is in the
child's best interests because of special circumstances.

B. Except as provided in subsection D or E, the social study shall include the
following:

1. The social history, heritage and mental and physical condition of the child and
the child's birth parents.

2. The child's current placement in the prospective adoptive parent's home and the
child's adjustment to that home.

3. The prospective adoptive parent's suitability to adopt.

4. The existing and proposed arrangements regarding the child's custody.

5. Any financial arrangement concerning the proposed adoption made by the birth
parents, the division, an agency, an attorney or the prospective adoptive parents.

6. A state and federal criminal records check of the prospective adoptive parent
and each adult who is living permanently with the prospective adoptive parent except a
birth or legal parent with custody of the child.

7. A central registry records check, including any history of child welfare
referrals, with the division of the prospective adoptive parent and each adult who is
living permanently with the prospective adoptive parent.

8. Any other information that is pertinent to the adoption proceedings.

C. The social study conducted pursuant to subsection A is part of the case file and
shall contain a definite recommendation for or against the proposed adoption and the
reasons for that recommendation.

D. The social study conducted pursuant to subsection A may consist only of the
results of the state and federal criminal records check and the central registry records
check conducted pursuant to subsection B if either of the following is true:

1. The prospective adoptive parent is the child's stepparent who has been legally
married to the child's birth or legal parent for at least one year and the child has
resided with the stepparent and parent for at least one year.

2. The prospective adoptive parent is the child's adult sibling, by the whole or
half blood, or the child's aunt, uncle, grandparent or great-grandparent and the child
has resided with the prospective adoptive parent for at least one year.

E. If the child being considered for adoption has resided with the prospective
adoptive parent for at least six months and the prospective adoptive parent either has
adopted a child or was appointed the permanent guardian of the child within three years
preceding the current application, or is a foster parent who is licensed by this state,
the social study conducted pursuant to subsection A may consist only of the following:

1. The results of the central registry records check conducted pursuant to
subsection B.

2. A review of any material changes in circumstances that have occurred since the
previous adoption, permanent guardianship or license renewal that affect the prospective
adoptive parent's ability to adopt the child or for the child to be placed in the
prospective adoptive parent's home.