No. 40255 (Repeal and Reenact): Rule R512-40. Adoptive Home Studies, Recruitment, Approval

(Repeal and Reenact)

DAR File No.: 40255
Filed: 03/10/2016 11:56:08 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this rule modification is to bring the rule in line with current statute and practice.

Summary of the rule or change:

In this repeal and reenactment, the new rule includes definitions and the procedure for recruitment of adoptive families for children in the custody of Child and Family Services, which was not included in the old rule.

State statutory or constitutional authorization for this rule:

• Section 62A-4a-105
• Section 53-10-108
• Section 62A-4a-102
• Section 62A-4a-607
• Section 62A-4a-205.6
• Section 78B-6-128

Anticipated cost or savings to:

the state budget:

There will be no increase in cost or savings to the state budget because these proposed changes do not increase workload that would require additional staff or other costs.

local governments:

Local governments have no responsibility for services offered by Child and Family Services and are, therefore, not affected by this rule and will have no fiscal impact.

small businesses:

Small businesses have no responsibility for services offered by Child and Family Services and are, therefore, not affected by this rule and will have no fiscal impact.

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

There is no expected fiscal impact for "persons other than small businesses, businesses, or local government entities" because funding requests for services offered by Child and Family Services come out of already-existing budgets.

Compliance costs for affected persons:

Child and Family Services determined that there will be no compliance costs for affected persons because there are no specific costs involved with the changes being made to 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.

Ann Williamson, 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
195 N 1950 W
SALT LAKE CITY, UT 84116

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]
• Julene Robbins at the above address, by phone at 801-538-4521, by FAX at 801-538-3942, 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:

05/02/2016

This rule may become effective on:

05/09/2016

Authorized by:

Brent Platt, 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.

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

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

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

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

(d) The evaluation of the family shall include their strengths and weaknesses. 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) 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) The following factors are critical in the success of adoptive placements and should be factors in approving adoptive applicants:

(i) Commitment to adoption,

(ii) Ability to sustain long-term relationship,

(iii) Proper motivation and realistic expectations,

(iv) Emotional openness and flexibility,

(v) Empathy,

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

(vii) Stable marital relationship.

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

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

(ii) Impulse control disorders,

(iii) Disruptive crisis filled lifestyles,

(iv) Criminal activity,

(v) Serious problems in child rearing,

(vi) Unrealistic expectations of self and child, and

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

 

R512-40-3. Follow-Up Services.

(1) 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.

(2) 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) At the end of a family's third year as an approved prospective adoptive home, 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. Application by Staff of Child and Family Services.

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

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

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

(c) 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 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.]

R512-40. Recruitment, Home Studies, and Approval of Adoptive Families for Children in the Custody of Child and Family Services.

R512-40-1. Purpose and Authority.

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

(2) This rule is authorized by Sections 53-10-108, 62A-4a-102, 62A-4a-105, 62A-4a-205.6, 62A-4a-607, and 78B-6-128.

 

R512-40-2. Definitions.

(1) For the purpose of this rule the following definitions apply:

(a) "Adoptive parent" means a couple or individual who completes Child and Family Services training for prospective adoptive parents and is approved by Child and Family Services.

(b) "Cohabiting" means residing with another person and being involved in a sexual relationship.

(c) "Home study" means a pre-placement adoption evaluation defined in Section 78B-6-128 regarding the capacity of the adoptive parents, their family, and their resources available to meet the needs of a child in custody.

(d) "Involved in a sexual relationship" means any sexual activity and conduct between persons.

(e) "Permanency" means the establishment and maintenance of a legally permanent living situation for a child to give the child an internal sense of family stability and belonging and a sense of self that connects the child to his or her past, present, and future.

(f) "Residing" means living in the same household on an uninterrupted basis for 30 days or more or on an intermittent basis.

 

R512-40-3. Recruitment of Adoptive Families for Children in the Custody of Child and Family Services.

(1) Child and Family Services seeks to recruit permanent adoptive families for children in state's custody whose primary permanency goal is adoption, or whose parents have voluntarily relinquished their parental rights or whose parental rights have been terminated by a court.

(2) Recruitment of an adoptive family for children in state's custody is accomplished by:

(a) Discussing with the adoptive applicant or relative caring for the child about adopting the child.

(b) Targeting efforts to identify family members and others known to the child to consider adoption.

(c) Coordinating with Child and Family Services resource family consultants throughout the state about potential adoptive families for a child.

(d) Website listing of a child for whom there is not an identified adoptive family within 30 days of the primary permanency goal of adoption or whose parents' parental rights are terminated.

(e) Requiring all licensed child placing adoption agencies in Utah to inform adoptive applicants that there are children in state's custody available for adoption in accordance with Section 62A-4a-607.

 

R512-40-4. Requirements for Persons Applying for Adoptive Placement of a Child in the Custody of Child and Family Services.

(1) Legally married couples and single adults, including relatives of a child and employees of Child and Family Services, may apply to adopt a child in state's custody based on their ability to provide a permanent family for the child. Adoptive applicants shall:

(a) Apply in the region where they live.

(b) Complete the adoption training program approved by Child and Family Services, with one exception:

(i) Training for relatives, as defined in Section 78A-6-307, who are adopting a child will be based on needs identified on a case-by-case basis.

(c) Be assessed and approved as an adoptive parent by Child and Family Services following completion of a home study pursuant to R512-40-5.

(d) Obtain a foster care license issued by the Department of Human Services, Office of Licensing, or meet the same standards required to be licensed in R501-12, or receive a written waiver from Child and Family Services for a specific standard.

(e) Receive a determination by Child and Family Services that no conflict of interest exists in the adoption process.

 

R512-40-5. Home Study Requirements for Adoption.

(1) A home study must be completed by the Department of Human Services, Office of Licensing, or by Child and Family Services, or by a licensed child placing adoption agency contracted with Child and Family Services.

(a) A prospective adoptive parent may not be approved for the adoptive placement of a child in state's custody unless:

(i) The prospective adoptive parent is legally married or single and not cohabiting.

(ii) The prospective adoptive parent and all adults residing in the home have completed criminal background checks, including a national fingerprint-based check that is approved according to criteria specified in Sections 53-10-108, 62A-2-120, 78A-6-308, and 78B-6-128, and Pub. L. 109-248.

(iii) A child abuse registry check is completed by Child and Family Services for the prospective adoptive parent and all adults residing in the home, including a check of child abuse registries in any states in which the prospective adoptive parent and all adults residing in the home have resided in the five years prior to application to adopt that is approved according to criteria specified in Sections 62A-2-120, 78A-6-308, and 78B-6-128, and Pub. L. 109-248.

(2) The home study should be consistent with the standards of the Child Welfare League of America (www.cwla.org).

(a) The following factors are critical in the success of adoptive placements and are required content in adoptive applicant interviews and home study documentation:

(i) Commitment to the legal adoption of the child as a permanent member of the family.

(ii) Stable marital relationship and/or commitment and stability in existing family relationships and/or the ability to sustain long-term relationships that would provide a base for an adoptive child.

(iii) Proper motivation and realistic expectations of a child who has experienced trauma and other effects of abuse and neglect.

(iv) Emotional openness, empathy, and flexibility.

(v) Strong social support system for both the parent and child.

(vi) Knowledge of resources to help raise a child.

(b) The following factors may significantly contribute to adoption disruption and the following are required content in adoptive applicant interviews and home study documentation:

(i) History of emotional or psychological problems or substance abuse.

(ii) Marital difficulties and incompatibilities that seriously compromise the ability to meet the needs of the child.

(iii) Serious problems in child rearing.

(iv) Unrealistic expectations of self and child.

(v) Impulse control disorders.

(vi) Disruptive and/or crisis filled lifestyle.

(vii) Criminal activity.

(c) The home study assessment and family evaluation will include information gathered from the following:

(i) Criminal background clearances for all adults in the home as described in subparagraph 1a(ii) above.

(ii) Child abuse registry clearances for all adults in the home as described in subparagraph 1a(iii) above.

(iii) Four written statements of reference, three of which are positive, regarding the applicant's stability and parenting capacity, with one exception:

(A) Two positive written statements of reference if the applicant is a relative of the child as defined in Section 78A-6-307.

(iv) Psycho-social information gathered from the prospective adoptive parent and family members.

(v) Home visits and interviews to assess the prospective adoptive parent in the following areas:

(A) Marriage and personal stability.

(B) Ability to manage stress.

(C) Parenting skills and emotional openness and flexibility to provide continuity of a caring relationship.

(D) Capacity to parent a child who has experienced trauma and who may have other special needs.

(E) How the children living at home will be affected.

(F) H ow supervision for the child will be arranged in accordance with the child's age and developmental ability a t times when the prospective adoptive parent is not able to be in the home.

(vi) Health status verification regarding the prospective adoptive parent based on a doctor's examination made within six months prior to the date of application.

(vii) Financial status that verifies income sufficient to provide for a child's needs.

(viii) Home health and safety assessment.

(d) The evaluation of the family shall include their strengths and challenges.

(e) To preserve family connections for adopted children, home study requirements for relatives or friends known to the child as defined in Section 78A-6-307 that do not impact the health and safety of the child may be waived.

( f) Recommendations shall be made regarding the specific child intended to be adopted or the age and type of child who can best fit into the home to ensure the healthy development of the child.

R512-40-6. Follow-up Services.

(1) The identified committee in the region that reviews home studies will review each home study provided by the Department of Human Services, Office of Licensing, and any other detailed information regarding the adoptive parent. As a result of the review, the region committee will determine if theadoptive parent is approved to receive adoptive placements, if the adoptive parentis denied for adoptive placements, or if more information is needed from the adoptive parent.

(a) If the adoptive parent is approved for adoptive placements, the region committee (or region designee) will send a letter to the adoptive parent to let them know that they are approved for adoptive placements.

(b) When Child and Family Services determines through the region committee that there are concerns about making an adoptive placement with the adoptive applicant:

(i) The region committee or designee will provide their concerns in writing to designated region staff. The concerns will include any steps an adoptive applicant may take in order remedy concerns.

(ii) Two designated region staff members will meet with the adoptive applicant and review the concerns outlined by the region committee, including whether the concerns can be resolved.

(iii) The region designees will take clarifying information and/or steps that the adoptive applicant has taken to remedy concerns back to the region home study committee.

(iv) If the adoptive applicant has been able to remedy the concerns to the satisfaction of the region committee, the region committee will approve the adoptive parent to receive adoptive placements.

(v) If the adoptive applicant is unable or unwilling to remedy the concerns, a formal, written letter will be sent to the adoptive applicant explaining that Child and Family Services will not be making an adoptive placement with them.

(c) If an adoptive applicant is denied for adoptive placements, the family may request that the Child and Family Services region director or designee review the reasons for the denial. The Child and Family Services region director or designee is the only person who has the authority to reverse a denial.

(2) If a home study was conducted to evaluate a family for a specific child or a relative or friend known to the child as defined in Section 78A-6-307, the home study will be reviewed by the child's caseworker or designated adoption worker to determine if the adoptive parent is the best family to meet the child's needs.

(3) All adoptive home studies will require an updated amendment at least every 18 months to be considered current for child placement or adoption:

(a) A family licensed as a foster parent will require a home study update every 12 months to include background and child abuse registry clearances and to address any changes in the circumstances of the family.

(b) A family that is not licensed as a foster parent or has let their license lapse must have a home study update within 18 months of the original home study to include background and child abuse registry clearances and address any changes in the circumstances of the family.

(c) A home study that is older than two years will require new training requirements and a complete new home study.

(4) The home study document will be maintained in the Child and Family Services offices and will be destroyed according the retention schedule.

 

KEY: adoption

Date of Enactment or Last Substantive Amendment: [May 27, 2009]2016

Notice of Continuation: March 5, 2012

Authorizing, and Implemented or Interpreted Law: 53-10-108; 62A-4a-102; [ 62A-4a-106; 78A-6-308; Pub. L. 109-248 ] 62A-4a-105; 62A-4a-205.6; 62A-4a-607; 78B-6-128

 

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