No. 37900 (Amendment): Rule R501-7. Child Placing Adoption Agencies

(Amendment)

DAR File No.: 37900
Filed: 08/06/2013 11:30:55 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this amendment is to make changes necessary to clarify the requirements of S.B. 183 from the 2013 General Legislative Session.

Summary of the rule or change:

This rule clarifies that any child placing adoption agencies cannot misrepresent or withhold any facts or information relating to their services, any individual, or the applicable law.

State statutory or constitutional authorization for this rule:

• Section 62A-2-101
• Section 62A-2-106

Anticipated cost or savings to:

the state budget:

There will be no increase or savings to the state budget because these proposed changes do not require additional staff or resources.

local governments:

Local governments are not affected by this rule and it will have no fiscal impact on them.

small businesses:

There will be no increase or savings to small businesses because these proposed changes do not require additional staff or resources.

persons other than small businesses, businesses, or local governmental entities:

While individuals may be adoptive parents for whom this rule applies, there is no expected fiscal impact for individuals in the category of "persons other than small businesses, or local government entities."

Compliance costs for affected persons:

Office of Licensing determined that there will be no compliance costs for affected persons because there are no specific costs involved with the changes being made with this rule.

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

This rule will have no fiscal impact on businesses.

Palmer DePaulis, 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
Administration, Administrative Services, Licensing
195 N 1950 W 1ST FLR
SALT LAKE CITY, UT 84116

Direct questions regarding this rule to:

• Julene Jones at the above address, by phone at 801-538-4521, by FAX at 801-538-3942, or by Internet E-mail at [e-mail]
• Vilma Mosier at the above address, by phone at 801-538-4041, by FAX at 801-538-4553, or by Internet E-mail at [e-mail]
• John Ortiz at the above address, by phone at 801-374-7672, 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:

10/01/2013

This rule may become effective on:

10/08/2013

Authorized by:

John Ortiz, Acting Director

RULE TEXT

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

R501-7. Child Placing Adoption Agencies.

R501-7-3. Legal Requirements.

A. In addition to this rule, all child placing adoption agencies shall comply with R495-876, R501-1, R501-2-1 through 501-2-5, R501-2-8 through R501-2-14, R501-14; Title 58, Chapter 60; title 62A, Chapters 2 and 4a; Section 76-7-203; 78A-6; 78B-6 and 78B-13; and other applicable local, State and Federal laws.

B. Child placing adoption agencies that do not provide housing for birth mothers are exempt from R501-2-5, 10, 11, and 12.

C. A child placing adoption agency shall not:

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

D. A child placing adoption agency shall be legally responsible for the child following relinquishment of the child to the adoption agency until the adoption is finalized, unless a court of competent jurisdiction places legal responsibility with another party, in accordance with Section 78B-6-134.

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

F. 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, in accordance with Section 62A-4a-701 et seq.

I. A child placing adoption agency shall ensure that its employees, contractors, volunteers and agents comply with all laws relating to adoption services.

 

R501-7-5. Ethical Conduct.

A. A child placing adoption agency shall:

1. not give preferential treatment to its board members, employees, volunteers, agents, consultants, independent contractors, donors, 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 laws of this state or 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 adoption services to both the birth parents and the adoptive parents unless all parties 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. not refer or steer any individual to any private practice in which the agency's board members, volunteers, employees, agents, consultants, independent contractors, or their respective families are engaged, without first disclosing any potential conflicts of interest and informing said individuals that they are free to select independent service providers[.]; and

7. not misrepresent or withhold any facts or information relating to its services, any individual, or the applicable law.

B. The members of the governing body of a child placing adoption agency shall disclose, in writing, to the chairperson of the governing body, any direct or indirect financial interest in the agency.

C. The child placing adoption agency, its board members, volunteers, employees, or agents shall not solicit donations from an adoptive family that is under consideration for placement of a child. A generalized mass solicitation through newsletters or the media shall not constitute a violation under this rule.

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

 

KEY: licensing, human services, child placing

Date of Enactment or Last Substantive Amendment: [July 1, 2004]2013

Notice of Continuation: October 18, 2012

Authorizing, and Implemented or Interpreted Law: 62A-2-101 et seq.

 

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