No. 32457 (Amendment): R512-40. Adoptive Home Studies, Recruitment, Approval

DAR File No.: 32457
Filed: 03/19/2009, 11:37
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is being changed to add the purpose statement and authority citation, to update requirements for approval of placement of a child in a prospective adoptive home, and to make other non-substantive changes for consistency purposes.

Summary of the rule or change:

The proposed changes to this rule add the purpose statement and authority citation under a new Section R512-40-1. All following sections are renumbered. The amendment also makes general wording changes for consistency purposes, more clearly describes what supervision must be available for children in a prospective adoptive home when the potential adoptive parents cannot be in the home, and defines requirements for criminal background checks for all adults living in the prospective adoptive home to comply with federal and state laws.

State statutory or constitutional authorization for this rule:

Sections 62A-4a-102, 62A-4a-106, and 78A-6-308, and Pub. L. 109-248

Anticipated cost or savings to:

the state budget:

None--There will be no increase in costs or savings to the state budget because this does not increase the workload for existing employees and because the funding and infrastructure is already in place to perform the background screening requirements.

local governments:

None--There will be no increase in costs or savings to local government because it was determined that this rule does not apply to local government.

small businesses and persons other than businesses:

None--There will be no increase in costs or savings to small businesses because it was determined that this rule does not apply to small businesses.

Compliance costs for affected persons:

Prospective adoptive parents will incur a small cost to have their fingerprints scanned for submission to the FBI, when required.

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

There will be no cost or savings on businesses because it was determined that this rule does not apply to businesses. Lisa-Michele Church, Executive Director

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

Human Services
Child and Family Services
120 N 200 W
SALT LAKE CITY UT 84103-1500

Direct questions regarding this rule to:

Carol Miller at the above address, by phone at 801-557-1772, by FAX at 801-538-3993, 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:

05/15/2009

This rule may become effective on:

05/22/2009

Authorized by:

Duane Betournay, Director

RULE TEXT

R512. Human Services, Child and Family Services.

R512-40. Adoptive Home Studies, Recruitment, Approval.

R512-40-1. Purpose and Authority.

(1) The purpose of this rule is to establish standards for conducting adoptive home studies, recruitment of adoptive homes, and approval of adoptive homes.

(2) This rule is authorized by Section 62A-4a-102.

 

R512-40-2. Guidelines for Persons Applying for Adoptive Placement of a Child With Special Needs[ Child].

(1) Adoptive homes will be approved following the provisions of R501-7[-4-3]. In addition, the following factors will be considered:

(a)[A.] Adoptive applicants shall apply in the region where they reside.

(b)[B.] Both couples and single individuals may be approved as prospective adoptive parents based upon their ability to provide for children with special needs[ children].

(c)[C.] Applicants shall show commitment and stability in existing family relationships which would provide a base for an adoptive child.

(d)[D.] The evaluation of the [home]family shall include their strengths and weaknesses[ of the family]. Recommendations shall be made as to the age and type of child who can best fit into the home to ensure the healthy development of the child.

(e)[E.] [During the supervision period of school-age child placements, the parent must be at home when the child returns home from school or approved arrangement for supervision must be made.]Potential adoptive parents must arrange supervision for the child at times when they are not able to be in the home with the child. Supervision is to be in accordance to the child's age and developmental ability.

(f) A prospective adoptive parent may not be approved for the adoptive placement of a child in state custody unless the prospective adoptive parent and any adults living in the home have completed criminal background checks required by Section 78A-6-308 and P.L. 109-248.

(g)[F.] The following factors are critical in the success of adoptive placements and should be factors in approving adoptive applicants:

(i) [c]Commitment to adoption,

(ii) [a]Ability to sustain long-term relationship,

(iii) [p]Proper motivation and realistic expectations,

(iv) [e]Emotional openness and flexibility,

(v) [e]Empathy,

(vi) [s]Strong social support system and knowledge of resources, and

(vii) [s]Stable marital relationship.

(h)[G.] The following factors may significantly contribute to adoption disruption and should be considered in approving adoptive applicants:

(i) [h]History of emotional or psychological problem or substance abuse,

(ii) [i]Impulse control disorders,

(iii) [d]Disruptive crisis filled lifestyles,

(iv) [c]Criminal activity,

(v) [s]Serious problems in child rearing,

(vi) [u]Unrealistic expectations of self and child, and

(vii) [m]Marital difficulties and incompatibilities which seriously compromise the ability to meet the needs of the child.

 

R512-40-3[4]. Follow-Up Services.

(1)[A.] A record of the approved home study shall be maintained in the Division of Child and Family Services (Child and Family Services) Management Information System.[Utah Social Services Delivery System (USSDS).]

(2)[B.] Any significant changes in the family's situation shall be documented by revisions or additions on an annual basis in the adoptive study, including revised medical reports, if needed.

(3)[C.] At the end of a family's third year[,] as an approved prospective adoptive home, [the agency]Child and Family Services shall notify the family that their home study will be closed unless the family reapplies for a new home study to be completed.

 

R512-40-4[5]. Application by Staff of [the Division of ]Child and Family Services[ (DCFS)].

(1) Staff members of [DCFS]Child and Family Services may apply to adopt and may adopt children in State custody in the following manner:

(a)[1.] The person applies in the region of residence.

(b)[2.] The home study will be completed by staff of another region on a cooperative basis upon the request of the regional director.

(c)[3.] Approval of placement of a child in a staff member's home will be by the region having custody of the child. If the prospective adoptive parent is from the same region as the child, the placing committee will consist of the child's caseworker, outside child welfare specialists, and the State Adoption [Specialist]Program Administrator. Supervision will be by the placing region, unless the child and prospective parent are from the same region, in which case, another region will provide supervision.

 

KEY: adoption

Date of Enactment or Last Substantive Amendment: [1992]2009

Notice of Continuation: August 7, 2007

Authorizing, and Implemented or Interpreted Law: 62A-4a-102; 62A-4a-106; 78A-6-308; P.L. 109-248