State Codes and Statutes
Statutes > Utah > Title-78b > Chapter-06 > 78b-6-12878B-6-128. Preplacement adoptive evaluations -- Exceptions.
(1) (a) Except as otherwise provided in this section, a child may not be placed in anadoptive home until a preplacement adoptive evaluation, assessing the prospective adoptiveparent and the prospective adoptive home, has been conducted in accordance with therequirements of this section.
(b) Except as provided in Section 78B-6-131, the court may, at any time, authorizetemporary placement of a child in a potential adoptive home pending completion of apreplacement adoptive evaluation described in this section.
(c) Subsection (1)(a) does not apply if a birth parent has legal custody of the child to beadopted and the prospective adoptive parent is related to that child as a step-parent, sibling byhalf or whole blood or by adoption, grandparent, aunt, uncle, or first cousin, unless the evaluationis otherwise requested by the court. The prospective adoptive parent described in this Subsection(1)(c) shall obtain the information described in Subsections (2)(a) and (b), and file thatdocumentation with the court prior to finalization of the adoption.
(d) The required preplacement adoptive evaluation must be completed or updated withinthe 12-month period immediately preceding the placement of a child with the prospectiveadoptive parent. If the prospective adoptive parent has previously received custody of a child forthe purpose of adoption, the preplacement adoptive evaluation must be completed or updatedwithin the 12-month period immediately preceding the placement of a child with the prospectiveadoptive parent and after the placement of the previous child with the prospective adoptiveparent.
(2) The preplacement adoptive evaluation shall include:
(a) criminal history record information regarding each prospective adoptive parent andany other adult living in the prospective home, prepared no earlier than 18 months immediatelypreceding placement of the child in accordance with the following:
(i) if the child is in state custody, each prospective adoptive parent and any other adultliving in the prospective home shall:
(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 (3), if the child is not in state custody, each prospectiveadoptive parent and any other adult living in the prospective home shall:
(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, if available, for each state and country where thepotential adoptive parent and any adult living in the prospective adoptive home resided duringthe five years immediately preceding the day on which the adoption petition is to be finalized;
(b) a report containing all information regarding reports and investigations of childabuse, neglect, and dependency, with respect to each prospective adoptive parent and any otheradult living in the prospective home, obtained no earlier than 18 months immediately precedingthe day on which the child is placed in the prospective home, pursuant to waivers executed byeach prospective adoptive parent and any other adult living in the prospective home, that:
(i) if the prospective adoptive parent or the adult living in the prospective adoptiveparent's home is a resident of Utah, is prepared by the Department of Human Services from therecords of the Department of Human Services; or
(ii) if the prospective adoptive parent or the adult living in the prospective adoptiveparent's home is not a resident of Utah, prepared by the Department of Human Services, or asimilar agency in another state, district, or territory of the United States, where each prospectiveadoptive parent and any other adult living in the prospective home resided in the five yearsimmediately preceding the day on which the child is placed in the prospective adoptive home;
(c) in accordance with Subsection (6), an evaluation conducted by:
(i) an expert in family relations approved by the court;
(ii) a certified social worker;
(iii) a clinical social worker;
(iv) a marriage and family therapist;
(v) a psychologist; or
(vi) a professional counselor; and
(d) in accordance with Subsection (7), if the child to be adopted is a child who is in thecustody of any public child welfare agency, and is a child who has a special need as defined inSection 62A-4a-902, the preplacement evaluation shall be conducted by the Department ofHuman Services or a child-placing agency that has entered into a contract with the department toconduct the preplacement evaluations for children with special needs.
(3) For purposes of Subsection (2)(a)(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 (2)(a)(ii)(A) shall be submittedthrough the Criminal Investigations and Technical Services Division of the Department of PublicSafety, in accordance with the provisions of Section 62A-2-120; and
(ii) subject to Subsection (4), the criminal history check described in Subsection(2)(a)(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 (2)(a)(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 (4), 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.
(4) In order to comply with Subsection (3)(a)(ii) or (b)(ii), the manner in which thecriminal history check is submitted shall be approved by the court.
(5) 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.
(6) (a) A person described in Subsection (2)(c) shall be licensed to practice under thelaws of:
(i) this state; or
(ii) the state, district, or territory of the United States where the prospective adoptiveparent or other person living in the prospective adoptive home resides.
(b) The evaluation described in Subsection (2)(c) shall be in a form approved by theDepartment of Human Services.
(c) Neither the Department of Human Services nor any of its divisions may proscribewho qualifies as an expert in family relations or who may conduct evaluations under Subsection(2)(c).
(7) Any fee assessed by the evaluating agency described in Subsection (2)(d) is theresponsibility of the adopting parent or parents.
(8) The person or agency conducting the preplacement adoptive evaluation shall, inconnection with the evaluation, provide the prospective adoptive parent or parents with literatureapproved by the Division of Child and Family Services relating to adoption, includinginformation relating to:
(a) the adoption process;
(b) developmental issues that may require early intervention; and
(c) community resources that are available to the adoptive parent or parents.
(9) A copy of the preplacement adoptive evaluation shall be filed with the court.
Amended by Chapter 237, 2010 General Session
