No. 26904 (Amendment): R501-7. Child Placing Agencies

DAR File No.: 26904
Filed: 01/16/2004, 12:32
Received by: NL

 

RULE ANALYSIS

Purpose of the rule or reason for the change:

The amendments to Rule R501-7 have been made to make the rule cleaner in language and the expansion of changes necessary for the licensing of Child Placing Adoption Agencies.

 

Summary of the rule or change:

The changes have been made to create better definitions of the responsibilities of agencies for the protection of the child/birth parent/and adoptive parents.

 

State statutory or constitutional authorization for this rule:

Section 62A-2-106

 

Anticipated cost or savings to:

the state budget:

It is anticipated that the cost for printing the updated rule will be absorbed by the Office of Licensing.

 

local governments:

Local governments have no additional costs because the changes in this rule have been more for clarification and broader definition of an already existing rule and other than the agencies meeting local government regulations, there will be no additional cost to local governments.

 

other persons:

The changes in this rule will not produce additional costs or savings to other persons because the rule changes are more for clarification and expanded definitions and not new physical changes.

 

Compliance costs for affected persons:

Because the changes made in this rule are more for clarification and better definition of terms, it was determined that there would be no additional cost or savings to the affected persons unless they re-write the policy manual.

 

Comments by the department head on the fiscal impact the rule may have on businesses:

With the type of changes made in this rule, there will not be any fiscal impact on businesses.

 

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Human Services
Administration, Administrative Services, Licensing
120 N 200 W
SALT LAKE CITY UT 84103-1500

 

Direct questions regarding this rule to:

Jan Bohi at the above address, by phone at 801-538-4153, by FAX at 801-538-4553, or by Internet E-mail at [e-mail]

 

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

03/16/2004

(DAR NOTE: on 03/12/2004, the Office of Licensing notified the Division of Administrative Rules that the Office had extended the public comment period on this rule filing until 03/31/2004 at 5:00 p.m.)

 

This rule may become effective on:

03/17/2004

 

Authorized by:

Ken Stettler, Director

 

 

RULE TEXT

R501. Human Services, Administration, Administrative Services, Licensing.

R501-7. Child Placing Adoption Agencies.

R501-7-1. Authority and Purpose.

[Pursuant to 62A-2-101 et seq., the purpose of this rule is to define standards and procedures by which the office of Licensing shall license child placing agencies.]A. This rule is authorized under Section 62A-2-106.

B. This rule establishes standards for licensing agencies to provide child placing adoption services.

 

[R501-7-2. Objective.

Pursuant to Section 62A-4a-205.6, the primary objective of a child placing agency shall be to place children permanently in adoptive homes. Whenever that is unachievable, foster home placements shall become an acceptable secondary objective.

]

R501-7-[3]2. Definitions.

A. "Adoption" is defined in Section 78-30-16.

B. "Child placing adoption agency" means an individual, agency, firm, corporation, association or group children's home that engages in child placing.

C. "Adoption Services" is defined in Section 62A-4a-101.

D. "Birth Parent" is defined in Section 78-30-16.

E. "Child placing" means [the ]receiving, accepting, or

providing [of] custody or care for a child [under 18 years of age. Where possible, this shall be done permanently in accordance with 62A-2-101(2), or on a temporary basis.]for the purpose of finding a person to adopt the child or placing a child in a home for adoption.

F. "Confinement" means the time period when a woman is hospitalized or medically restricted due to her pregnancy and childbirth.

G. "Disruption" means the termination of an adoptive placement prior to the issuance of a final decree of adoption.

H. "Foster Care" means family care in the residence of a foster parent who is licensed or certified pursuant to R501-12.

I. "Genetic and Social History is defined in Section 78-30-16.

J. "Health History" is defined in Section 78-30-16.

K. "Intercountry Adoption" means the adoption of a child from a foreign country, whether the adoption is completed in the child's native country or in this State.

L. "Mental Health Therapist" is defined in Section 58-60-102.

M. "Sliding Scale" means an established fee schedule that varies according to an individual's annual income.

N. "Special needs" means a child who is three years of age or older, a sibling group, a child with mental, physical, medical or emotional disabilities, or a child who has a biological family history likely to result in temporary or permanent mental, physical, or emotional disabilities.

O. "Unmarried biological father" is defined in Section 78-30-4.11.

 

R501-7-[4]3. Legal Requirements[ for Organizations Administration of Child Placing Agencies].

[A. Administration

1]A. In addition to [the]this rule[s][ contained herein], all [C]child [P]placing adoption [A]agencies [will]shall comply with R495-876, R501-1, R501-2-1 through 501-2-5, R501-2-8 through R501-2-14, R501-14, R501-18[,]; Title 58, Chapter 60; title 62A, Chapters 2 and 4a: Section 76-7-203; Title 78; Chapters 3a, 30, 45a, and 45e; and other applicable local, State and Federal laws[Core Standards].

[2]B. [Multiple-Service Agency: When services for birth parents are provided in the same agency that provides adoption services, it is necessary to ensure that full consideration is given to the needs of birth parents, as well as to those of the child. Moreover, the agency shall advertise to the public that it does provide services for birth parents who are not considering adoption, refer to R501-7-6]Child placing adoption agencies that do not provide housing for birth mothers are exempt from R501-2-5, 10, 11, and 12.

[3]C. [Selection and Placement: ]A child placing adoption agency [for adoption or foster care] shall not[:][

a. deny to any person the opportunity to become an adoptive or a foster parent on the basis of race, color, or national origin of the person, or of a child, involved; or

b. ] delay or deny the placement of a child or the opportunity to become an adoptive parent[for adoption or into foster care] on the basis of [the ]race, color, ethnicity, cultural heritage, or national origin[ of the adoptive or foster parent, or of a child, involved]. A child placing adoption agency shall comply with all State and Federal laws regarding discrimination.

[4]D. [Legal Responsibility for Child: The ]A child placing adoption agency shall be legally responsible for [the well-being of ]the child following relinquishment of the child to the adoption agency until the adoption is finalized, [or ]unless [the]a court of competent jurisdiction places legal responsibility with another party.[ If the child cannot be adopted, the agency shall continue to be legally responsible for the child, i.e., for making referrals to the appropriate service for continuing care until the agency is discharged.]

[5. Legal and Other Documents: The agency shall have available and keep in a confidential file all pertinent legal and other documents as available and appropriate, including but not limited to the following:

a. birth records,

b. baptismal certificates,

c. an original of the transfer of parental rights or relinquishment,

d. decree of termination of parental rights,

e. copies of divorce papers,

f. death certificates of adoptive family members or birth parents,

g. affidavits in cases where a husband is not the father of the child,

h. statement of the birth parents to release information to mutually agreed upon individuals, or waiver of confidentiality,

i. statements of birth and adoptive parents regarding their agreement to exchange information and the conditions, if any, pursuant to contact following placement and legal adoption, and

j. copy of the order of adoption.]E. A child placing adoption agency shall sign and comply with written agreements regarding confidentiality and the exchange of information between birth parents and adoptive families.

F A child placing adoption agency which serves Indian children shall comply with the Indian Child Welfare Act.

G A child placing adoption agency that provides foster care shall comply with R501-12.

H A child placing adoption Agency shall comply with the Interstate Compact for Placement of Children.

 

R501-7-4. Administrative Requirements.

[6. Minimum Qualifications of Staff: The Executive Director and other staff of the agency shall meet the standards listed below. Department of Human Services Offices staff will be required to meet the personnel and administrative standards as set by State Personnel Policy.

7. Executive Director:

a. The Board of a private agency shall select the Executive Director and delegate to the Executive Director the responsibility for administration of the agency within the general policies of the Board.

b. The Executive Director of a licensed child-placing agency shall be graduated from an accredited four-year college or university, have a master's degree in social work and shall be licensed in accordance with 58-60-204,105 and 58-60-404,405 as a clinical social worker, certified social worker, or professional counselor. In agencies where the Executive Director does not have the appropriate professional license, there shall be a staff member with the appropriate licensure designated as Social Services Director for the agency.

c. In addition, staff identified shall have had two years of full-time paid professional employment in services to children, in a social service setting; one of which must have been in a supervisory or administrative capacity.]A. A child placing adoption agency shall have at least one social work supervisor responsible for directly supervising all staff and volunteers who have direct contact with clients.

1 Each social work supervisor shall be licensed in this state as a mental health therapist and have at least two years of full time, paid, professional experience in a licensed child placing adoption agency.

2. A social work supervisor may not supervise more than eight staff and volunteers who have direct contact with clients.

3. An Executive Director who is licensed in this state as a mental health therapist and has at least two years of full time, paid, professional experience in a licensed child placing agency may serve as a social work supervisor, and may not supervise more than four staff and volunteers who have direct contact with clients.

[8. Casework Supervisor: If an agency has six or more professional staff besides the Executive Director, provisions shall be made for a certified social worker or professional counselor to supervise the additional staff. The certified social worker or professional counselor must have at least one year of full-time paid professional experience in social work. In general, the ratio shall not exceed one certified social worker or professional counselor to eight caseworkers.

9. Social Service Worker: All service workers shall be licensed to practice social work under the laws of the State of Utah.]B. Individuals who provide services to birth parents, children, or adoptive applicants shall maintain a current professional license as required by the Utah Mental Health Professional Practice Act.

[10. Workloads: The agency shall establish full time workload standards for staff, taking into consideration average time for satisfactory completion of intake; assessment and preparation of adoptive applicants; and post placement and post legal adoptive services to the birth, adoptive parents and adoptive persons. Under no circumstance shall the workload for social work staff working with children under the age of five exceed 20 active cases; for staff working with prospective adoptive parents prior to approval of the family exceed 30 active cases; for staff working with prospective adoptive parents, following approval exceed 60 active cases; for staff working with birth parents exceed 25 active cases; and for staff working with older or special needs children exceed 15 active cases.

11. Staff Development: The agency shall provide opportunities for staff to enhance professional growth through supervision, in-service training and educational leave. The agency shall maintain current adoption literature.]C. A child placing adoption agency shall notify the Office Of Licensing of any changes it makes to its policies or procedures and shall provide a written copy of any changes within five business days.

D. A child placing adoption agency shall provide at least

30 days' written notice to the Office of Licensing that the agency is:

1. dissolving or ceasing to provide child placing services,

2. adding or eliminating in-state, out-of-state, special needs, or international services,

3 changing ownership or name, or

4 transferring its cases to another agency, person, or records archive.

 

R501-7-5. Ethical Conduct.

[12]A. [Ethical Conduct: ]A child placing adoption agency shall [operate in an ethical manner, including the following:

a. Its governing body, voluntary board, staff and consultants are not favored in applying for or receiving the services of the agency.

b. It receives no payment or other considerations for the referral of any applicant or client.

c. It provides no payment or other considerations to any

services provider or other organization or individual for any referral of any applicant for the agency's services.]

1. not give preferential treatment to its board members, employees, volunteers, agents, consultants, independent contractors, or their respective families with regard to child placing decisions;

2. not provide or accept any payment or other considerations for any referral;

3. work only with agencies, entities or individuals that are authorized to provide child placing adoption services by the jurisdiction in which that agency, entity or individual performs child placing adoption services;

4. not permit its employees, volunteers, agents, consultants, or independent contractors to provide services to both the birth parents and the adoptive parents unless all parties are first offered the opportunity to work with separate employees, volunteers, agents, consultants, or independent contractors; are made aware of potential conflicts of interest; and sign a voluntary consent;

5. not require its clients to use or pay for specified attorneys or other service providers, shall inform clients that they are free to select independent attorneys and other service providers, and shall not charge clients fees for services that clients obtain independently; and

6. [d. It prohibits the directed]not refer[ral,] or steer[ing, of its applicants, clients, and their families]any individual to any private practice in which [it's ]the agency's board members, volunteers, employees, agents, consultants, independent contractors, or their respective families [staff or consultants may be ]are engaged.

[e. It maintains a record of the ownership of all its properties and of all financial transactions it enters into with respect to such properties.

f]B. The members of the governing body of [a private or public]a child placing adoption agency shall disclose, in writing, any[have no] direct or indirect financial interest in [the assets or leases of ]the agency[; any member who individually or as part of business or professional firm is involved in the business transactions or current professional services of the agency shall disclose this relationship and shall not participate in any vote taken in respect to such transactions or services].

C. The child placing adoption agency, its board members, volunteers, employees, or agents shall not solicit or accept donations from adoptive families while a family is under consideration for placement of a child.

 

R501-7-6 Fees.

A. A child placing adoption agency shall provide a written disclosure of all fees and expenses prospective adoptive parents may incur before the agency accepts any payments or processes any application from, or enters any agreement with, the prospective adoptive parents. A child placing adoption agency shall not charge adoptive parents for any fees or expenses that were not included in the written disclosure. A child placing adoption agency shall identify which fees may be non-refundable.

B. A child placing adoption agency may charge adoptive parents an agency fee, which shall be a sliding scale or flat fee, and shall include all administrative and professional services provided on behalf of the adoptive parents, including but not limited to pre-adoption evaluations, home studies, personnel, counseling, overhead, and training, and which may include birth mothers' travel or postnatal expenses.

C. A child placing adoption agency may charge adoptive parents for the actual and reasonable costs of maternity, medical, and necessary pre-natal living expenses of the birth mother in accordance with Section 76-7-203.

1. The agency shall retain receipts documenting the actual costs of goods and services provided.

2. A child placing adoption agency shall not directly charge adoptive parents for the birth mother's travel or postnatal expenses.

3. A child placing adoption agency shall not charge the adoptive parents for the travel or living expenses of any person other than the birth mother.

D. The agency shall maintain an itemized accounting of the actual expenditures made on behalf of a birth mother, which shall be verified and signed by the birth mother and adoptive applicant, and filed with the court in accordance with Section 78-30-15.5.

E. The agency may delegate the responsibility for a child's care, maintenance, and support to the adoptive applicant only when the applicant has received the child into the applicant's home, in accordance with Section 78-30-4.22.

F. 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 parents or the child placing adoption agency during her pregnancy.

 

R501-7-7 Documentation.

A. A child placing adoption agency shall maintain a policy and procedure manual describing how it shall comply with all licensing rules and local, state and federal laws applicable to the type of services offered.

B. A child placing adoption agency shall maintain a policy and procedure manual demonstrating how it shall:

1. train and supervise employees and volunteers;

2. identify a child who may be available for adoption;

3. identify or refer a person who is considering relinquishing a child for adoption;

4. provide services in cases where the agency does not obtain legal custody of a child;

5. verify the credentials of other individuals and agencies it works with to obtain relinquishments and place a child;

6. offer counseling services by a licensed mental health therapist to a person who is considering relinquishing a child for adoption or adopting a child;

7. inform birth parents and adoptive parents of their rights and responsibilities in writing;

8. monitor who has legal and physical responsibility for the child at all times;

9. secure the necessary relinquishments and facilitate the termination of parental rights;

10. recruit and assist adoptive families to meet the needs of available children, including but not limited to special needs children;

11. obtain a background study on a child or a home study on a prospective adoptive parent;

12. evaluate prospective adoptive parents;

13. process appeals of home study denials;

14. assess the best interests of a child and the appropriate adoptive placement for the child;

15. monitor a case post-placement until the adoption is final;

16. ensure the child is receiving all necessary services prior to finalization of adoption;

17. assume custody and provide any needed services for the child when necessary because of disruption;

18. arrange to provide foster care prior to placing the child in an adoptive home;

19. preserve the confidentiality of client files;

20. respond to requests for information from birth families, adoptees, adoptive families, and others;

21. preserve client records when a case is closed and in the event that the agency changes ownership or ceases to provide child placement adoption services, and notify each client where the records shall be stored; and

22. enable record retrieval by individuals with a right to access them;

C. A child placing adoption agency shall provide documentation demonstrating its compliance with each subsection in R501-7-7(B).

[13]D. [Case Records: The]A child placing adoption agency shall maintain a case [record of]file for each child, birth parent, and prospective adoptive parent. Each case file shall cross-reference related files.[ accepted for care, of the family, and of each adoptive applicant, from the time of the application for service through the completed legal adoption and termination of the agency's service. As a minimum, the record shall contain the following information]Each case file shall include:

[a]1. application [and reason ]for service,

[b]2. all [social study,]studies and evaluations, whether or not finalized, including but not limited to those required by Section 78-30-3.5;

[ c. problems and service of the client to these services,

] [d]3. needs assessment;

4. [progress report, at least quarterly, to include the following,]case notes

[1)] describing services provided[,];

[2) response of the client to these services, and

3) results,]

[e. closure, a brief summary of what was accomplished and reason for closure, and

] [f]5. [dates, places and other pertinent information.]the individual's adjustments, interactions and relationships;

6. original or certified copies of government and religious birth records;

7. original or certified copies of relinquishment or transfer of birth mother's and birth father's rights;

8. original or certified copies of decree of termination of birth mother's and birth father's rights;

9. certified copies of marriage certificates, divorce papers, custody and visitation orders, if any;

10. certified copies of death certificates, if any, of birth parents;

11. original or certified copy of affidavit that birth mother's husband is not the child's father, if applicable;

12. waiver of confidentiality or release of information authorization, if applicable;

13. statements of birth and adoptive parents regarding any agreements to exchange information or maintain contact;

14. current and historical physical, psychological, genetic and developmental health information;

15. original or certified copy of the order of adoption; and

16. in the event that any records identified in this rule are not obtained, the child placing adoption agency shall provide documentation of its efforts to obtain those records.

[g. Adoptive parents, adoptees, and birth parents shall be encouraged to provide updated information to be added to the file at any time prior to and following finalization proceedings. This updated information may include medical, psychological and social information.

h. Case records shall be continuous records of adjustment, interaction, relationships, physical and mental conditions, growth and development. All records and information shall be confidential.]E. A child placing adoption agency shall maintain current health, fire, zoning, business, and other permits, certificates, or licenses at each facility it operates, as required by state or local law;

[14]F. [Record Retention: At the completion of the adoption all records pertaining to the adoption must]All cases files shall be retained for a minimum of 100 years from the date the case is closed.

[15]G. [Confidentiality of Records: ]All adoption records shall be [treated as ]confidential and shall be [retained]maintained in a locked[,] [metal ]file[,]when not in active use. Adoption records shall be accessible only by authorized agency employees[to designated personnel only]. No information shall be shared with any person without the appropriate consent forms, except as required by law.

[16. Location and Housing: The agency shall be located in an area convenient to the clients it expects to serve. It shall be housed in a setting that is attractive, well maintained and comfortable.

17. Office Space: The facility shall maintain offices to meet the needs of clients being served.

18. Resources: The agency shall have financial resources to support the services offered.

19. Payment of Fees: The agency may charge birth parents and adoptive parents for cost of services provided. However, under no circumstance shall the provision of services to birth parents be contingent upon the ability to pay. A signed fee schedule shall be on file indicating cost of each service. Fees may be charged according to a sliding scale, based upon ability to pay in relation to income or can be set at a uniform amount with a provision in agency policy for reducing or waiving the fee when indicated.

20. Itemization of Expenditures:

An itemization of all allowable expenditures on behalf of birth parents shall be on file. The itemization shall be signed by birth parents and adoptive applicant. If any cost appears to be greater than the ordinary or usual costs, the agency must show that the expenditure was fit and appropriate. The agency may pay reasonable costs for the following:

a. legal services related to the adoption,

b. medical services related to pregnancy, birth, and post-natal care for the birth mother and medical care for the child,

c. emergency health related services for the birth mother needed to protect the health and well-being of the fetus,

d. housing, including utilities and basic telephone service,

e. necessary transportation, including gasoline or public transportation,

f. purchase of food, necessary household supplies, and personal hygiene or grooming products,

g. clothing for the birth mother, and

h. necessary mental health services for the birth mother during the pre and post-natal period.

i. For other expenses the agency must show that the expenditure was fit and appropriate for the birth parents beyond six weeks postpartum.

21. Itemization of Fees for Adoption:

An itemization of all adoption related expenses shall be filed with the court prior to the final decree of adoption.

22]H. [Statistics: The]A child placing adoption agency shall maintain and provide accurate annual statistics [on persons served, applications, and dispositions as a minimum]describing the number of applications received, services provided, the number of children, birth parents, and adoptive parents served, and the number of adoptions and disruptions, and the number of children in agency custody.[

B. Indian Child Welfare Act: An agency which serves Indian children must have standards and procedures which also conform to the Indian Child Welfare Act, refer to pl 95-600.

 

R501-7-5. Services for Foster Care Program.

An agency's foster care program must meet the following requirements:

A. Best Interests of Child: Foster family care is provided for and in behalf of the child under a plan that includes services for the child, the child's family, and supervision of, and support services for the foster family.

B. Permanent Plans: Agency staff must work actively in coordinating services for children in DHS custody, their families, and foster families to return children to their own homes or to achieve permanent arrangements for their care. The agency must maintain written records which meet requirements of 42U.S.C.675, including a plan for the child's permanent placement within 60 days of placement.

C. Intake Services: The agency must have a formal procedure for intake, including a procedure to establish the permanent plan for each child in DHS custody.

D. Requirements for Foster Home Approval:

1. Licensed agencies that provide foster or proctor care shall only approve homes that comply with Foster Care Licensing Rules, R501-12. The agency shall be required to recruit, train, and supervise foster parents as defined by R501-12.

2. Foster families meeting requirements shall be approved or certified by the agency. The agency must maintain written records of annual home approval. The approval process shall include a home study evaluation and a training plan.

3. The agency must have a procedure to revoke or deny home approval.

4. The agency must have a procedure for a foster parent to apply for a waiver of requirements.

5. The agency must have a written agreement with the foster parents which includes the expectations and responsibilities of the agency, staff, foster parents, the services to be provided, the financial arrangements for children placed in the home, the authority foster parents can exercise on children placed in the home, actions which require staff authorization.

E. Payments: The agency must have a written policy stating the amount and schedule of payment to foster parents for cost of care and services. If the agency makes no payment, the agency shall have a written agreement stating the reasons.

F. Requirements for Placement: The first consideration in placing a child in care shall be the welfare of the child. In determining where a child is placed the agency shall consider proximity to the child's home, placement in the least restrictive setting possible, the ability of the parents to visit; however, the welfare of the child shall override any of these considerations.

G. Foster Care Services: The foster care services provided by an agency shall include:

1. Planning, with participation of the child's biological parents, for care and services to meet the child's individual needs.

2. Planning with biological parents, and with participation of the child where feasible, for stability and permanence in the care of the child. This must include a plan for the parental visits with the child.

3. Providing services to help the child's parents reestablish parental care, maintain parental rights, or where in the best interest of the child, terminate parental rights.

4. Providing a suitable foster family home for the child and planning, with foster parents for the child's supervision, education, health, recreation, and other needs and services. Placement of any child should consider the child's age, behavior, sex, the composition of the foster family, and skills of the foster parents.

5. Obtaining, coordinating, and supervising any needed medical, remedial, or other specialized services or resources with the ongoing participation of the foster parents.

6. Providing ongoing supervision of foster parents to ensure the quality of the care they provide.

H. Termination of Supervision: Supervision of a child by a Division of DHS may only be terminated by court order, unless:

1. The child has been returned to his or her own home and has remained there for a period sufficient to indicate he or she has satisfactorily adjusted to that home;

2. The child has been legally adopted;

3. The child reaches the age of 18, unless the Juvenile Court retains jurisdiction up to age 21; or

4. The Division of DHS transfers responsibility for services to another agency.]

 

R501-7-[6]8. Services for Birth Parents.

[A. To ensure that adoption is a suitable plan for the child, and that the interests of children, birth parents, and adoptive parents are protected, comprehensive services must be made available for birth parents, both married and single.

B. Comprehensive services or referral for services, for birth parents shall be provided not as part of an adoption service, but as a separate service geared to the needs of birth parents, including those who are not considering adoption.

C. Support in Planning for the Child:

1. Birth parents shall be supported in making a decision for their child, based on complete and accurate information and without undue delay, including two face-to-face counseling sessions prior to relinquishment.

2. Birth parents shall be informed of their legal rights, obligations, and responsibilities during face-to-face counseling sessions; they should also receive support in considering what their decision will mean to them and to their child.]A. Child placing adoption agencies shall provide a minimum of two face-to-face counseling sessions prior to relinquishment to assure that:

1. birth parents' decisions to sign the relinquishment is voluntary; and

2. birth parents understand their decision is permanent, and that their parental rights and responsibilities shall end when a licensed child placing adoption agency accepts their relinquishment of parental rights or their parental rights are otherwise terminated in accordance with Title 78, Chapter 3a, Part 4, and Section 78-30-11.

B. Birth parents shall be provided complete and accurate information and their decision to relinquish or not relinquish their child shall be supported. Child placing adoption agencies shall not encourage or attempt to persuade a birth parent to relinquish a child.

[3]C. [A birth mother]A child placing adoption agency shall wait at least 24 hours after the birth of [her]a child before taking the birth mother's relinquishment of parental rights and[she may give] legal consent to the adoption of her child, in accordance with Section 78-30-4.19.

D. Child placing adoption agencies shall provide notice of adoption proceedings in compliance with Section 78-30-4.13.[

4. Birth parents shall be treated with respect, consideration, fairness, and given full recognition of personal dignity and individuality.]

E. Birth parents shall be assisted in consider[ation]ing [and determination of ]whether they want to disclose their identity[,] to the adoptee or the adoptive family, or hear about or from the child, directly or indirectly, in the future.

[D. Agencies cannot guarantee confidentiality in any adoption, nor can the agency guarantee any arrangements for contact and exchanges of information between birth parents and adoptive parents. Birth parents and adoptive parents shall be so advised.

E. Social Services to Birth Parents After Termination or Transfer of Parental Rights: Services shall be available to birth parents after their rights and responsibilities are terminated, as well as after the adoption is finalized. The following services shall be provided to birth parents:

1. Help with the relinquishment process and immediate plans for their own lives.

2. A process where newly learned medical or genetic information that is important to the adopted child, birth parents, or adoptive family can be exchanged.]

[3]F. [Providing]Birth parents shall be offered non-identifying information on the potential adoptive [family]parents, such as age, physical characteristics, educational achievement, family [constellation]members, profession, nationality, health, [other non-identifying information, ]and reason for adopting.

G. A child placing adoption agency shall inform birth parents that a detailed, non-identifying health history and a genetic and social history of the child shall be provided to the adoptive parents in accordance with Section 78-30-17, and shall inform birth parents of Utah's Mutual Consent Voluntary Adoption Registry, Section 78-30-18.

[4. Information shall be shared regarding Utah's Mutual Consent Voluntary Adoption Registry.

F. Agency Records: Birth parents shall sign documents of services received during counseling and relinquishment.

G. Determination of Religion in Which the Child is to be Reared:

1]H. The A child placing adoption agency's policies regarding the consideration of religion in the selection of adoptive families shall be [made ]clearly stated in its initial communication with[ to] birth parents and in writing.

[2]I. [Children]A child who has[ve] already established some identification with a particular religious faith [of their own ]shall have the right to have such identification respected in any adoptive placement. Efforts shall be made to place the child within that religious faith. This information shall be documented.

[3. Agencies under religious auspices may choose to establish policies and practices that are consistent with their particular religious faith.

H]J. [Involuntary termination of Parental Rights: The agency shall have the responsibility to]A child placing adoption agency shall initiate termination of parental rights proceedings [consistent with the applicable Utah statutes]in accordance with Title 78, Chapter 3a, Part 4.

[I. Relinquishment of Parental Rights for Adoption: Counseling shall be provided to the birth parents who are planning to place their child for adoption so the decision can be made as early as possible. In the case of parents who voluntarily relinquish their parental rights to an authorized child welfare agency, proper legal procedures for the termination of parental rights should be ensured.

J. Emotional Readiness to Relinquish Parental Rights: Documents indicating parental willingness to place the child for adoption shall be signed in accordance with the parents' emotional readiness to make the definitive decision, and not in accordance with the immediate needs of an adoptive family.

K. Duration of Parental Responsibility: Parental legal responsibility shall end when an authorized child welfare agency accepts the relinquishment of parental rights and the parental rights are terminated.

L. Establishment of Paternity: Legal paternity proceedings shall not be required as a condition for adoption services.]K. Child placing adoption agencies that provide housing for expectant birth mothers shall assure that such housing complies with the following minimum standards:

1. housing is in compliance with health, fire, zoning, and other applicable laws and regulations;

2. housing is clean, well-maintained and adequately furnished;

3. birth mothers shall have private bedrooms;

4. laundry equipment and supplies shall be available; and

5. adequate nutritious food, or resources to obtain food, is available.

L. Child placing adoption agencies that provide or pay for birth parents' transportation to the State of Utah shall also ensure that the birth parents' return transportation to their home state is provided, regardless of whether the birth parent decides to relinquish parental rights.

M. The placement decision shall be in writing, signed by the child placing adoption agency and the birth parents, and a copy shall be maintained in the case record of the birth parents, the adoptive parents, and the child.

 

R501-7-[7]9. Services for Children.

A. [Assessment of Children: When it has been]After the birth parents determine[d] that adoption is the best plan for [a]their child, an assessment shall be made within 30 days, or within the timeframe ordered by the court, to obtain information to assist in the placement process.

[1]B. [Determine whether the child's needs can best be met in adoptive placement, and if so,]A determination shall be made regarding what kind of adoptive family should be selected for the child. The selection of the adoptive family for a specific child shall be based on the family's ability to meet the individual needs of the child. The wishes of the birth parents, the adoptive parents, and when applicable, the child, shall be considered.

[2]C. The [evaluation]assessment shall be used to assist prospective adoptive families to make their decision about the child and birth family.

[3. Provide the child with needed information concerning the birth family when appropriate.

B]D. [Developmental History: ]A complete developmental history of the child [that is as complete as possible, ]shall be obtained from the birth parent. If the child has been in an out-of-home placement prior to being placed in an adoptive home, information obtained from caseworker observation, pediatrician, foster parents, [and if indicated, from ]nurses, psychologists, and other consultants shall be included. The developmental history shall include[ the following]:

1. birth and health history, and all evaluations;

2. [early development, particularly indications of the way the child has taken to like, i.e., locomotor development, feeding experiences, temperament, etc.,]descriptions of fine and gross motor skills, social, emotional, and cognitive development;

3. the child's adaptation to previous living experiences and situations[,];

4. the child's experience prior to adoptive placement, particularly maternal attitudes during the pregnancy and early infancy, continuity of care and affection, foster placements, description of the child's behavior and separation experiences[,];

5. [determination]a description of the child's cultural and ethnic background;[ and its impact on values and morals, and]

6. the child's language skills, [including second language capabilities and other]educational records, talents and interests.

[C]E. [Medical Examination: ]A medical examination by a qualified physician shall be conducted to determine the state of the child's health, and any known or potentially significant factors that may interfere with normal development or may signal any potential medical problems. At a minimum, the following shall be documented and shared with parents, potential adoptive parents, and the assigned agency caseworker prior to placement:

1. [E]evaluation of the [infant]child that includes a correlation and interpretation of all available information, [such as,]including but not limited to genetic[,] and laboratory, test results; [etc.]

2. the [M]medical care and immunizations received to date;[.]

3. [T]the nature and degree of any [existing handicap, complete information about the type of handicap and the concomitant]disability,

4. treatment and support programs that should be provided to the child and adoptive parents, extra costs of medical care that can be anticipated, and plans to subsidize the health care[, if so indicated].

[D]F. [Psychological Testing: ]Psychological testing for children should be used selectively and as a tool for observation and diagnosis[ of current developments, if warranted].

[E]G. [Family History: Information should be]A child placing adoption agency shall obtain[ed] information about[from] the birth parents [about]and their family backgrounds to:

1. [Determine whether there are any significant hereditary factors or pathology, including illnesses of the birth mother or father, that may affect the child's development.]provide the adoptive family with the birth family's medical, genetic, social, and mental health history;

2. [Assist the adoptive parents and, eventually, the child to understand the family situation, the reasons for adoption, and the birth family histories.]provide the adoptive family with information about the talents, interests, and education of the birth parents;

3. provide the adoptive family with non-identifying information about other children born to either of the birth parents; and

[3]4. [Decide, in the case of older children who have lived with their birth families, which]identify characteristics which should be given consideration in selecting and preparing a child for an[ new] adoptive family.

[F]H. [Evaluation of Children: ]An interdisciplinary approach based upon the needs of the child is to be used in the selection [process]of a placement either by asking other professionals to submit written recommendations or by inviting them to participate as a member of the placement committee. A child placing adoption agency shall attempt to place siblings together.

[G]I. [Timing of Adoptive Placement: Infants under the age of two should]A child shall be placed with the[ir] adoptive family[ies] at the earliest time possible after being freed for adoption[ and directly upon release from the hospital in the case of newborns].

[H]J. [Placement of Children Over Five Years of Age: When placing children over the age of five, care shall be taken to ensure that an adequate]A child's needs shall be assessed[ment] [of their needs is made, that they and the adoptive family are prepared for the placement,] and a written plan [is]shall be developed to ensure that the adoptive parents are prepared to meet the child's needs and[needed] necessary services are provided[ after placement].

[I]K. [Temporary Care Before Placement for Adoption: ]A child [that has been freed for adoption and is ]awaiting placement with an adoptive family shall be placed in a licensed foster or residential home or facility.[foster home where his or her needs can be met and which can assist in preparing the child for placement in a prospective adoptive home Children]

1. A child placing adoption agency shall contract with a licensed foster care program or obtain a license to provide foster care services for children in its custody, in accordance with R501-12.

2. A child awaiting adoptive placement shall [only ]be placed in a licensed group or residential treatment program[s] when the child's needs [are such that they ]can [only ]be met only in such a setting.

3. A child placing adoption agency shall obtain a copy of the home or facility license prior to placing a child, and shall retain the license in the child's case file.

[J]L. [Responsibility for a Different Permanency Plan: Children that have been accepted for adoptive placement will have a permanency treatment plan developed with a goal of] A child placing adoption agency shall have an individualized written adoptive placement plan for each child, [and finalization, and objectives that focus on assisting] which shall include:

1. providing the family and child services or service referrals after the adoption is finalized; [during the transition phase to ensure that ongoing services required are obtained.]and

2. the financial and social service responsibilities of each agency and individual.

[K]M. [Supervisory Visits: After a child has been placed in the adoptive home, a] A social worker shall supervise the child's placement until finalization of the adoption to assist with the transition and assist the family in obtaining any needed services.

1. A[t a] minimum[,] of three supervisory visits shall be made [so the agency can have sufficient information to make a recommendation regarding]prior to finalization of the adoption.

[L]N. [Listing with the Adoption Exchanges: Agencies]A child placing adoption agency having a child available for adoption who has not been placed within [60]30 days [of being freed,]after relinquishment or after being determined to be available for adoption by the court shall document [all]its efforts to screen the child with other [C]child [P]placing [A]agencies and shall list the child with local, regional, and inter-state [A]adoption [E]exchanges[ to help find an appropriate placement].

[M]O. [Preparation of the Child for Placement: Sufficient time and planning must be provided according to ][t]The needs of the child shall determine the amount of time taken to prepare the child for placement. The child [should]shall be [helped to accept]counseled regarding the adoptive placement and [should]shall be protected [insofar as possible ]from emotional disturbances associated with sudden separation from a known situation.

P. A child placing adoption agency shall develop a written plan with the child's current caregivers, the adoptive parents, and the child, to facilitate the child's transition into the adoptive family. The child's stated preferences shall be considered and if possible, honored.

[1. The child who is old enough to comprehend and take some responsibility should have a part in the decision that adoption is the best plan. The child must know that his or her own parents cannot continue to provide care and must accept separation from them in order to become a part of another family.

2. Before meeting with the adoptive parents, the child should know that placement is under consideration. Should the adoptive family decide not to proceed with placement, the worker will help the child to understand the situation in a manner that will minimize any damage to the child.

3. The child should have the opportunity to become acquainted with the new parents gradually. A series of short visits to the adoptive home before placement can be particularly helpful. Such visits should not take place until after adoptive parents have expressed interest in adopting the child.

4. The number and place of visits with adoptive parents, and the time of placement should be determined by the age and the particular needs of the child and the family.

N. Retention of Records: In an effort to prepare for possible requests for information pertinent to a significant medical or hereditary concern on the part of the adoptive family or adult adoptee, the agency shall maintain in the file, medical, historical and developmental information and records about the child and the birth parents, received prior to finalization.]

 

R501-7-[8]10. Services to Adoptive Parents.

A. [Services for Adoptive Parents:]Child placing adoption agencies shall provide prospective adoptive parents with a written description of their services, policies and procedures.

[1]B. [Discussion of]A child placing adoption agency shall explain the adoption process and the birth parent[']s' rights, including the status[legal rights] of the putative father to the prospective adoptive parents.

C. A child placing adoption agency shall provide all available[Provisions shall be made for accessibility to] non-identifying information on children who may be available for adoptive placement and their [child's ]birth famil[y]ies, including but not limited to physical descriptions, special abilities, developmental and behavioral history, personality and temperament, medical and genetic history, ethnic and cultural background, and prior placement history.

D. A child placing adoption agency shall inform prospective adoptive parents of the availability of non-identifying health, genetic and social histories in accordance with Section 78-30-17, and[Information shall be made available about] Utah's Mutual Consent Voluntary Adoption Registry, [through the Utah Bureau of Vital Records]Section 78-30-18.

[2]E. A child placing adoption agency shall provide [I]individual [and]or group [social work ]counseling [shall be provided ]to help the prospective adoptive parents evaluate and develop their capacities to meet the ongoing needs of the child.[ren added to the family. This support should continue into the post-placement period when it is necessary and deemed appropriate. If an agency cannot provide this preparation and support, they are responsible for offering another support for the family.]

[3]F. A child placing adoption agency shall review all available information about the birth parents and child with the prospective adoptive parents and encourage[Assistance in] the selection of a child whose needs the adoptive parents will be able to meet.

[4]G. A child placing adoption agency shall prepare[Preparation of both] the child and adoptive family for the placement of the child in the home[,].

H. A child placing adoption agency shall inform each prospective adoptive parent that information about individual children in the custody of the state who are available for adoption may be obtained by contacting the Division of Child and Family Services or its internet site and shall provide a pamphlet prepared by the Division of Child and Family Services regarding adoption of children in the State's custody.[including discussion and approval of a subsidy when appropriate.]The agency shall inform each prospective adoptive parent that assistance may be available when adopting children in the custody of the state, including:

1. Medicaid coverage for medical, dental, and mental health services;

2. tax benefits, adoption subsidies, or other financial assistance to defray the costs of adoption; and

3. training and ongoing support for the adoptive parents.

[5. If an agency places a child for adoption, that agency is responsible for the supervision of the placement and continued support to the child and family. The agency shall assist with finalization.

B. Basis for Selection of Adoptive Parents:]I. A child placing adoption agency shall inform adoptive parents when a child may be eligible for an adoption subsidy or benefit, including but not limited to SSI, and shall coordinate with the applicable state agency to apply for the subsidy or benefit.

[1]J. A child placing adoption agency shall[The agency must] have [a ]written [process]procedures and standards for the evaluation and approval or denial of applications from prospective adoptive [homes]parents.

K. The [pre-adoptive evaluation]home study shall include:

1. [a series of] interviews with the adoptive applicants, their [in the office and at home. If the family has] children, [or]and other individuals living in the home[,] [they shall be part of the pre and post adoption evaluation and application process.];

2. criminal background and child abuse screening of adoptive applicants and other adults living in the home in accordance with R501-14, R501-18, and Section 78-30-3.5

3. written statements from references identified by the applicants. The applicants shall supply names of at least [three]two non-related and one related individuals[references] who shall provide information directly to the agency regarding the applicant's qualifications for parenting an adoptive child;[.]

4. a medical history and a doctor's report, based upon a doctor's physical examination of each applicant, made within six months prior to the date of the application, and indicating whether the doctor believes each applicant is able to fulfill the responsibilities of parenthood; and

5. inspections of the home, to determine whether sufficient space and facilities to meet the needs of the child exist and whether basic health and safety standards are maintained.

L. The adoptive applicants [must]shall be informed, in writing, and within five business days, as to the acceptance or the reasons for the denial of their home study.[application. This notice must be given in a timely manner with] 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, and the right to request an additional evaluation, upon order of the court in accordance with Section 78-30-3.5.

[2]M. [The]A child placing adoption agency shall select applicants who:

1. are able to[: a.] provide the continuity of a caring relationship[,]

[b. provide non-identifying or open linkages to the child's birth family if and when appropriate,]

[c]2. [be]are informed [and sensitive]with regard to a child's ethnic, religious, cultural, and racial heritage[,]; and

[d]3. [demonstrate an ability to ]understand the needs of a child at various developmental [states]stages.

[3. Agencies shall assess each applicant from the perspective of what would be in the best interest of a child.

4. No single factor should be decisive in and of itself.

C. Criteria of Capacity for Adoptive Parenthood, Contents of Home Study Evaluation or Pre-Adoptive Evaluation Eligibility:

1. Assessment of adoptive applicants should be designed to provide the best indication of an applicant's capacity for adoptive parenthood; total personality functioning; emotional maturity; quality of spousal relationship, when applicable; capacity to parent children; attitude toward childlessness and readiness to adopt; and reasons for adoption.

2. The agency must have written standards for approval of adoptive families. These standards must include the following items plus other aspects of lifestyle and behavior which reflect the ability to protect, nurture, and care for the child. Agencies shall provide adoptive applicants with a realistic description of their services and procedures.

a. Residence: Adoptive applicants shall reside either within the area that the agency can serve directly, or in an area where the agency can procure services through another agency with acceptable standards.

b. Age: Chronological age alone should not be the determining factor for the selection of adoptive applicants. Utah statutes require that the adoptive parents be at least ten years older than the child placed for adoption. Physical condition and life expectancy of the applicants should be taken into consideration to protect the child against a repeated, foreseeable loss of parents through death or incapacitating illness. Also, it is important for applicants to be physically and emotionally capable of meeting the needs of the children as they grow and develop.]

N. [c. Marital Status: When] A child placing adoption agency shall not reject an applicant solely based upon the applicant's marital status. Married applicants [are married, husband and wife ]shall maintain a residence together and the relationship shall be stable.[be of sufficient duration to give evidence of its stability. Single parents shall be considered in accordance with their ability to meet the needs of available children.

d. Health of Applicant: A medical history and recent physical examination shall be required as evidence that the applicants have reasonable health and life expectancy, and that the applicants have the physical and emotional ability to fulfill the responsibilities of parenthood.]

[e]O. [Family Income: Adoptive]A child placing adoption agency shall verify that an applicant's income [shall be]is sufficient [in order ]to provide [financial stability and security] for a child's needs.[ Income alone shall not be the determining factor for the selection of adoptive applicants.

f. Housing: Housing and neighborhood shall provide space and living conditions necessary for health, safety, emotional well-being, and self-respect of the family and the adoptive child. Strict space requirements should not be a deterrent to placement if relationships in the family are satisfactory.

g. Religion: Lack of religious affiliation or of a religious faith should not be a bar to consideration of any applicant to meet the specific needs of a child.

h. Applicant Abilities: Consideration shall be given to the ability of the applicant to meet the specific needs of the individual child.]

[i]P. [Working Parents: ]A child placing adoption agency shall not reject an applicant solely based upon the applicant's choice to [Applicants who ]work outside the home. [shall not be excluded from consideration as adoptive parents. Consideration]Applicants who work outside the home shall [be given to]provide a written plan [to]describing how they shall provide security and responsible child care [adequate ]to meet the individual child's needs.

[j. Provisions of R501-14 and R501-18 shall be met.

D. Use of Committee in Placement: The final decision to approve a family for the placement of a child should be the responsibility of the professional staff. The decision shall be made by more than one person. The applicants shall be informed in writing of the decision of the committee. If the agency disapproves the applicants for placement, the applicants are entitled tp be informed of this in person and to be given the reasons for the agency decision. They are also entitled to the opportunity to appeal the decision and should be informed of this process in writing. The agency shall maintain a written record of any appeals.]Q. A child placing adoption agency shall not make a legal risk placement unless the prospective adoptive parents have given written consent, indicating that they are fully informed of the risks involved.

R. 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.

S. A child placing adoption agency shall provide continuing support to the child and the adoptive family after placement, before and following the finalization of the adoption including but not limited to:

1. providing or making referrals to service such as counseling, crisis intervention, respite care, and support groups;

2. monitoring the child's adjustment and development;

3. assisting the family in helping the child, friends, family members, extended family members, neighbors, schools, and others understand the adoption process; and

4. assisting the family in understanding their feelings, understanding the child, and adjusting to the family composition.

T. The frequency of home visits, office contacts, telephone calls, and other contacts by the child placing adoption agency shall depend on the needs of the child and the adoptive family and may vary depending whether the child is an infant, an older child, or a child with medical or other difficulties, and whether the adoptive parents are faced with unanticipated problems.

1. The first contact after placement shall take place within two weeks of placement.

2. A minimum of three fact-to-face supervisory visits shall take place before finalization, with at least two visits in the home.

U. A child placing adoption agency shall provide assistance in finalizing the adoption, unless the agency removes the child due to circumstances that may impair the child's security in the family or jeopardize the child's physical and emotional development, including but not limited to incompatibility; mental illness; seriously incapacitating illness; the death of one of the adoptive parents; the separation or divorce of the adoptive parents; the abuse, neglect, or rejection of the child; the lack of attachment to the child; or a request by the adopting parents to remove the child.

 

[R501-7-9. Services During and After Adoption Placement.

A. Selection of Adoptive Family for Specific Child:

1. The selection of the adoptive family for a specific child shall be made through the use of a multi-disciplinary committee as needed and the final decision shall be based on the family's and the child's suitability for each other. Suitability is determined by the family's ability to meet the individual needs of the child and the capacity of the child to benefit from the family.

2. Consideration for the wishes of the birth parents, the adoptive parents, and the adoptee, when applicable. shall be a part of the selection process.

3. The decision of the committee shall be in writing, signed by all members of the committee, and filed in the case record.

B. Information to Adoptive Parents:

1. Agency adoption fees shall be discussed with the adoptive family prior to starting the application process. A flat fee may be charged for processing application materials, which is not refundable, regardless of whether the family is accepted or not, and an itemized account of the charges shall be made available to the family. Placement fees shall also be discussed with the family prior to applying along with payment schedules, and these fees shall reflect a reasonable cost based on the expenses incurred by the agency.

2. Adoptive parents shall be provided information about the children they adopt and their birth parents, when available, that will help them to:

a. Understand their child, including talents, special needs or problems.

b. Decide whether or not they can accept the child.

c. Feel comfortable about the birth parents and the reasons for placement.

d. Understand their child's heredity, maturation process, and developmental issues related to adoption.

e. Talk to their child about their biological origins.

3. Adoptive parents shall be given full disclosure of information about the birth parents and child with the exception of information deemed by law to be identifying. The information to be shared shall include the following:

a. developmental and behavioral history,

b. level of current development,

c. personality and temperament traits,

d. medical information,

e. ethnic background,

f. cultural hereditary conditions,

g. prior placement history,

h. information about the birth parents that would be helpful for the child to know while growing up, such as physical descriptions, special abilities, and personality traits.

i. Agency staff shall be prepared to review with the adoptive family the above information and to help them relate it to present day and placement consideration for their family.

5. When a Child Placing Agency has a child who requires an adoption subsidy, the agency shall coordinate with the state agency to establish the subsidy. Subsidies shall be paid by the state agency based on state policy. The Child Placing Agency shall discuss the subsidy with the family.

C. Pre and Post Placement Services: The Child Placing Agency shall provide continuing support and help to the child and his or her adoptive family as needed during the time after placement both before and following the legal adoption. These services shall be recorded and include:

1. The agency shall inform the adoptive family, prior to placement, of the available services, so that the family shall view the services as a source of help and security.

2. The agency has a protective function when the child's custody remains with the agency during the placement prior to finalization, and is responsible for determining that the child's adjustment and development is satisfactory and that the family is able to cope with any difficulties. This may be accomplished through direct services and, when necessary, referring to specialized services.

3. The agency shall provide assistance to the family in helping their child, friends, family members, extended family members, neighbors, schools, etc., understand the adoption process. This shall be accomplished through individual interviews, family counseling services, selected literature, and consultation.

4. The agency shall provide services to the adoptive family that will assist them in understanding their own feelings, the adjustments of adding a child to their family, understanding the complicated feelings of the child, the specialized services that their child may need in the home and out of the home. This shall be accomplished through individual sessions and family support groups.

5. The frequency of home visits, office contacts, telephone calls, and other contacts shall depend on whether the child is an infant, an older child, or a child with medical or other difficulties, and whether the adoptive parents are faced with unanticipated problems. Early placement visits shall convey the agency's support and readiness to help. A contact soon after placement is essential in building the relationship and shall take place within two weeks of placement. A minimum of three supervisory visits shall take place before finalization, with at least two visits in the home.

6. The length of time between placement and finalization shall be determined by Utah State Law. Finalization shall not take place until the family and the agency have determined that they are ready. The post-placement period, however, shall not go on indefinitely. In each case, a plan shall be made for the time likely to be needed, with an outer limit set.

7. The agency shall consider removal of children before legal adoption only if circumstances impair their security in the family or jeopardize their physical and emotional development. These circumstances might include incompatibility, mental illness, seriously incapacitating illness, or the death of one of the adoptive parents, separation of adoptive parents, abuse, neglect, or rejection of the child, lack of attachment to the child, an unanticipated physical or mental problem of the child, or request by the adopting parents for the removal of the child.

8. The agency shall offer supportive services to maintain the family and document this support. Services may include the following:

a. respite care for the child,

b. counseling services, and

c. family and adoption committee review of placement and planning.

D. Post Adoption Services: Adoption services shall be made available to birth and adoptive parents and adopted persons after the legal adoption. These services shall respond to matters related to the adoption, and will include the following:

1. Information, counseling services within the agency or referral to proper resources for counseling, crisis intervention, respite care, and specialized support groups.

2. Adoptees shall be offered post-legal adoption services that assist them in exploring their attitudes toward themselves as adopted persons.

3. Within the relevant statutes, child welfare agencies shall assist adopted persons who have reached the age of majority in their search for information about, or their wish to establish contact with birth parents, siblings, or other members of their birth family, provided that these persons are willing.

 

R501-7-10. Adoption and the Community.

A. Adoptions in Relation to Community Child Welfare Programs: Private and public agencies shall:

1. List waiting children with local and regional exchanges.

2. Be active in interpreting child welfare programs and adoption services to assure widest utilization by persons needing the services, and to ensure realistic understanding of services by the public.

3. Participate in any joint inter-agency planning and coordination to maximize programs so that birth parents and adoptive applicants will have freedom of choice and equal opportunity to apply for services, regardless of racial, ethnic, religious group, or ability to pay a fee.

B. Promotion of Adoption Services:

1. Adoption agencies shall inform each potential adoptive parent that children in the custody of the state are available for adoption, and that parents may request the following:

a. Medicaid coverage for medical, dental, and mental health services;

b. Tax benefits or financial assistance to defray the costs of adopting these children;

c. Training and ongoing support for the adoptive parents of these children, and

d. Information about individual children, which may be obtained by contacting the Division offices or its internet site.

2. Adoption agencies shall provide the following information to adopting parents:

a. Notice about children in state's custody;

b. A copy of a pamphlet prepared by the Division of Child and Family Services that explains about adoption of children in the State's custody;

3. Adoption agencies shall establish a method to determine unmet placement needs and a plan to recruit adoptive families when needs are identified.

4. Recruitment efforts shall involve adoptive parents and shall include persons of similar ethnic or racial groups whenever children need to be placed with families of similar ethnic origin. Recruitment efforts shall seek to enlist the involvement of ethnic and cultural minority groups, religious, and other civic groups as needed.

C. Legal Protection Required for Adoption Services: Adoption agency mission statements, policies, and procedures shall assure that the following legal protections are met:

1. The best interests of the child are paramount.

2. Parental rights and responsibilities are safeguarded.

3. Children are not deprived unnecessarily of either birth parents or a permanent family.

4. Legal responsibility for the child will be clearly established at all times.

5. Children will not be placed in unsuitable families or families detrimental to the child's growth and development.

D. Transfer of Parental Rights:

1. Adoption agency policies and procedures shall assure an orderly adoption process for the following:

a. The legal separation of the child from birth parents.

b. Transfer of custody and guardianship of the child.

c. Consent to a specific adoption.

d. Final transfer of parental rights and duties to the adoptive parents.

2. Agencies shall follow Utah State Statutes regarding the relinquishment of children, termination of parental rights, placement, and finalization procedures.

3. Legal risk adoptions shall be made only when:

a. The child's best interests are served.

b. Adoption is clearly the goal.

c. Termination is likely and able to be obtained in a reasonable time period.

d. Adoptive parents have given written consent, indicating that they are fully informed of the risks involved.]

 

R501-7-11. Inter[state or Out-of-C]country Adoptions.

[A. For interstate placements, adoption agencies shall comply with requirements of the Interstate Compact for Placement of Children.

B. Prior to an adoption or placement with a family out of the state, the agency shall complete a plan with the other agency which defines financial and social services responsibilities.

C]A. In addition to complying with all other rules regarding adoption, a child placing adoption agency that provides[International] inter-country adoption [agencies]services shall [abide by]document that it has complied with all applicable [Federal, State, and Immigration ]laws and regulations of the United States and the child's country of origin, and shall document that:

1. [T]the child is legally freed for adoption in the country of origin[.];

[2. Information was provided about the physical or mental health of the orphan or abandoned child.

3]2. [Referral ]information was [given]provided to the adopting parents about naturalization proceedings[.];

[4. The country of origin was provided all follow-up information as that country requires prior to final adoption.

5. Agencies which place children in inter-country adoptions shall ensure that the following legal processes occur properly:

a. consent to adoption and transfer of parental rights,

b. legal responsibility for the child in the new country,

c. validity of the adoption in the country of origin, if they are adopted in that country, and

d. application to adopt or re-adopt the child or children in the United States, as applicable.

D. The same standards shall apply to home studies for out-of-country children as for all adoption services.

E. International Adoption Agencies shall do the following:]B. A child placing adoption agency that provides intercountry adoption services shall:

1. establish an official and recorded method of fund transfers to avoid, when possible, the use of direct cash transactions to pay for adoption services in other countries;

2. identify, in writing and in advance of accepting any payment or signing any agreement, the total cost of providing adoption services in the child's country, including but not limited to the cost of care for the child, personnel, overhead, training, communication, obtaining any necessary documents, translation, the child's passport, notarizations and certifications, with disclosure of whether the prospective adoptive parents shall pay such costs directly in the child's country or indirectly through the child placing adoption agency;

3. itemize the costs, if any, of mandatory payments to child protection or child welfare programs in the child's country of origin, including but not limited to a description of:

a. a fixed contribution amount identified in advance and in writing to the prospective adoptive parents;

b. the intended use of the payment; and

c. the manner in which the transaction will be recorded and accounted for;

[1.]4. [P]provide all applicants with written policies governing refunds.[ when adoption services that have been promised are not rendered or when there is a disruption of services that may nullify an adoption.]

[2.]C. A child placing adoption agency that provides intercountry adoption services shall [N]notify adoptive applicants within [five working]ten business days when[ever it receives] information is received that a foreign country is suspending its adoption program.

[3]D. A child placing adoption agency that provides intercountry adoption services shall [V]verify and maintain documentation regarding the credentials and qualifications of agents [in foreign countries] working in their behalf in foreign countries[on adoption matters.

4. Disclose data to adoptive applicants on their rates of successful adoptions and requests.]

 

KEY: licensing, human services, child placing

[January 16, 2001]2004

Notice of Continuation November 25, 2002

62A-2-101 et seq.