R501-7-2. Definitions

  (1) "Adoption" is defined in Section 78B-6-103.

  (2) "Adoptive Parent" also means potential adoptive parent(s).

  (3) "Child Placing" is defined in 62A-2-101.

  (4) "Child Placing Adoption Agency" means an individual, agency, firm, corporation, association, or group children's home that engages in child placing for the purpose of finding a person to adopt a child or placing a child in a home for adoption.

  (5) "Adoption Related Expenses" are defined in 76-7-203.

  (6) "Adoption Services" is defined in 62A-4a-101(2).

  (7) "Adoption Related Counseling" includes clinical counseling and psycho educational counseling that is specific to adoption and includes the counseling provided to pre-existing parent(s) as required by circumstances and 78B-6-119.

  (8) "Agency" means a child placing adoption agency.

  (9) "Allowable Adoptive Parent Information" is the information shared with birth parents regarding the adoptive parent(s). It may include non-identifying information as follows:

  (a) demographics, such as age, nationality, religious affiliation;

  (b) health status;

  (c) physical characteristics;

  (d) educational achievement and profession;

  (e) family characteristics, including marital history and length, sexual orientation, and any other children;

  (f) support system;

  (g) discipline preferences;

  (h) reason for adopting;

  (i) non-identifying information transparently disclosed by the Agency in advance; and

  (j) any other identifying or non-identifying information agreed upon via a signed release of information by the adoptive parent.

  (10) "Allowable Child/Pre-existing Parent Information" is the information shared with adoptive parent(s). It includes:

  (a) Genetic and Social History as defined in 78B-6-103 and used as described in 78B-6-143 which shall include all items defined in 76B-6-103 inclusive of:

  (i) birth family's medical, genetic, social, and mental health history;

  (ii) information pertaining to changes in caregivers; and

  (iii) a description of the child's race, cultural and ethnic background.

  (b) Health History as defined 78B-6-103 and used as described in 78B-6-143 which shall include all items defined in 78B-6-103 inclusive of:

  (i) Pre-natal, labor and delivery records for mother and infant;

  (ii) medical records including the child's physical health, immunizations, and any known or potentially significant factors that may interfere with normal development or may signal any potential medical problems; and

  (iii) non-identifying information transparently disclosed by the Agency in advance.

  (c) Any other identifying or non-identifying information agreed upon via a signed release of information by the birth parent.

  (11) "Client" a client of a child placing adoption agency is a pre-existing parent(s), adoptive parent(s) who have consented to, or been ordered by the court to receive adoption services and child(ren) placed or to be placed. For purposes of background screening in accordance with 62A-2-101 only, the adoptive parent(s) are also defined as "Associated with the Licensee".

  (12) "Confinement" means the time period when a woman is hospitalized or medically restricted by her physician due to her pregnancy and childbirth. Confinement includes the standard 6 week recovery time from uncomplicated childbirth unless otherwise noted by the woman's physician.

  (13) "Directly Affected Person" is defined in 76-7-203.

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

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

  (16) "Genetic and Social History" is defined in Section 78B-6-103.

  (17) "Health History" is defined in Section 78B-6-103.

  (18) "High Needs Child" is as defined in 62A-4a-601.

  (19) "Home Study" is equivalent to a pre-placement adoptive evaluation as outlined in 78B-6-128 and is the written assessment of an applicant's ability to be considered for adoptive placement.

  (20) "Infant" for purposes of adoption means a child up to six months in age at placement.

  (21) "Intercountry Adoption" is when an individual or couple becomes the legal and permanent parents of a child who is a habitual resident of another country and is governed by the laws of both countries.

  (22) "Legal Risk Placement" means at the time the placement is made, one or more of the child's biological parents or putative legal parents has not executed a legal relinquishment or consent to the adoption, their parental rights have not been lawfully terminated, or they have expressed their intention to exercise parental rights or contest the adoption.

  (23) "Match" means the identification of a specific potential adoptive child with a specific potential adoptive family.

  (24) "Mental Health Therapist" is defined in Section 58-60-102.

  (25) "Office" means the DHS Office of Licensing.

  (26) "Pre-existing Parent" is defined in 78B-6-103.

  (27) "Recovery" means the standard 6 weeks of time it takes for women to fully recover from normal childbirth. Agencies are responsible for maintaining accurate documentation of each woman's recovery time frame.

  (28) "Special Needs Child" means there is known evidence that:

  (a) the child is 5 years of age or older;

  (b) the child is under the age of 18 with a physical, emotional or mental disability; or

  (c) the child is a member of a sibling group placed together for adoption.

  (29) "Unmarried Biological Father" is defined in Section 78B-6-103(17).