R501-7-3. Legal Requirements

  (1) In addition to this rule, all child placing adoption agencies shall comply with R495-876, R501-11, R501-2-1 through R501-2-5, R501-2-8 through R501-2-14, R501-14; R501-22, Title 58, Chapter 60; Title 62A, Chapters 2 and 4a; Section 76-7-203; 78A-6; 78B-6; 78B-13; 78B-15; and all other applicable local, State and Federal laws.

  (2) Child placing adoption agencies that do not arrange housing for birth mothers are exempt from R501-2-5, 10, 11, 12, and 22.

  (3) A child placing adoption agency shall:

  (a) 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 or applicable law places legal responsibility with another party, in accordance with Section 78B-6-134;

  (b) comply with the Indian Child Welfare Act;

  (c) obtain a child placing foster license and comply with R501-12 if providing foster care;

  (d) obtain a residential support license and comply with R501-22 if providing residential support services to pre-existing parent(s);

  (e) comply with the Interstate Compact on the Placement of Children, in accordance with Section 62A-4a-701 et seq; and

  (f) ensure that its employees, contractors, volunteers and agents comply with all laws relating to adoption services.

  (4) The Division of Child and Family Services shall additionally comply with R512-40 for recruitment, home study and approval; R512-41 for qualifying and adoptive family and adoptive placement; R512-302 for responsibilities pertaining to out of home caregivers and any other section of 62A-4a and R512 that governs the provision of adoptive services to child welfare clients served by the Division of Child and Family Services.

  (a) The aforementioned child welfare statue and rule shall supersede this rule when in conflict for child welfare clients served by the Division of Child and Family Services.