State Codes and Statutes

Statutes > Utah > Title-78b > Chapter-06 > 78b-6-113

78B-6-113. Prospective parent not a resident -- Preplacement requirements.
(1) When an adoption petition is to be finalized in this state with regard to anyprospective adoptive parent who is not a resident of this state at the time a child is placed in thatperson's home, the potential adoptive parent shall:
(a) comply with the provisions of Sections 78B-6-128 and 78B-6-130; and
(b) (i) if the child is in state custody:
(A) submit fingerprints for a Federal Bureau of Investigation national criminal historyrecord check through the Criminal and Technical Services Division of the Department of PublicSafety in accordance with the provisions of Section 62A-2-120; or
(B) submit to a fingerprint based Federal Bureau of Investigation national criminalhistory record check through a law enforcement agency in another state, district, or territory ofthe United States; or
(ii) subject to Subsection (2), if the child is not in state custody:
(A) submit fingerprints for a Federal Bureau of Investigation national criminal historyrecords check as a personal records check; or
(B) complete a criminal records check and child abuse database check for each state and,if available, country, where the potential adoptive parent resided during the five yearsimmediately preceding the day on which the adoption petition is to be finalized.
(2) For purposes of Subsection (1)(b)(ii):
(a) if the adoption is being handled by a human services program, as defined in Section62A-2-101:
(i) the criminal history check described in Subsection (1)(b)(ii)(A) shall be submitted inaccordance with procedures established by the Criminal Investigations and Technical ServicesDivision of the Department of Public Safety; and
(ii) subject to Subsection (3), the criminal history check described in Subsection(1)(b)(ii)(B) shall be submitted in a manner acceptable to the court that will:
(A) preserve the chain of custody of the results; and
(B) not permit tampering with the results by a prospective adoptive parent or otherinterested party; and
(b) if the adoption is being handled by a private attorney, and not a human servicesprogram, the criminal history checks described in Subsection (1)(b)(ii), shall be:
(i) submitted in accordance with procedures established by the Criminal Investigationsand Technical Services Division of the Department of Public Safety; or
(ii) subject to Subsection (3), submitted in a manner acceptable to the court that will:
(A) preserve the chain of custody of the results; and
(B) not permit tampering with the results by a prospective adoptive parent or otherinterested party.
(3) In order to comply with Subsection (2)(a)(ii) or (b)(ii), the manner in which thecriminal history check is submitted shall be approved by the court.
(4) Except as provided in Subsection 78B-6-131(2), in addition to the other requirementsof this section, before a child in state custody is placed with a prospective foster parent or aprospective adoptive parent, the Department of Human Services shall comply with Section78B-6-131.

Amended by Chapter 237, 2010 General Session