R501-7-6. Fees and Disclosures

  (1) All fees, costs and expenses whether actual or estimated must be itemized in accordance with this Rule and Utah Code Ann. 78B-6-140.

  (2) A child placing adoption agency may charge adoptive parent(s) agency fees which include administrative and professional services provided on behalf of the adoptive parent(s), including but not limited to:

  (a) agency overhead;

  (b) personnel;

  (c) background screenings for adoptive parent(s) and staff;

  (d) training;

  (e) insurance;

  (f) legal services for the agency;

  (g) advertising/recruiting;

  (h) post-placement visit;

  (i) agency staff support throughout pregnancy, birth, placement and post placement;

  (j) home studies, if completed by the agency; and

  (k) home study updates, if completed by the agency:

  (i) copies of purchased home studies and updates are to be provided to the subjects of these documents upon request.

  (3) An agency fee may be charged as a flat fee or be itemized and both must clarify what is included or specifically excluded.

  (4) Any fee billed inclusive of an agency fee shall not be billed additionally outside of that agency fee.

  (5) An agency may charge and accept payment from the prospective adoptive parent(s) only for reasonable, actual, estimated or outstanding adoption related expenses of the pre-existing parent(s) which are itemized outside of any agency fee. These expenses are limited to the following:

  (a) additional counseling;

  (b) adoption related legal fees to utilize an independent attorney for the adoption;

  (c) maternity expenses limited to pregnancy related clothing, pre-natal vitamins, other non-medical pregnancy related needs;

  (d) medical and hospital expenses limited to pregnancy and childbirth related medical expenses for the mother/child; and

  (e) temporary living expenses limited to the duration of the pregnancy and confinement of the pre-existing parent(s) or directly affected person and include only:

  (i) food;

  (ii) transportation including bus passes, gasoline, car maintenance, car payments, and taxi/ride share services;

  (iii) housing;

  (iv) utilities and telephone;

  (v) reasonable and minimal incidentals;

  (vi) sufficient apparel for the weather and circumstances;

  (vii) daily living household supplies;

  (viii) travel between the mother's or father's home and the location where the child will be born or placed;

  (f) any other expense not explicitly outlined in this rule shall be reasonably related to the adoption, incurred for a reasonable amount and not paid for the purpose of inducing a birth parent to place the child for adoption. If such fees are charged or paid, the agency shall notify the Office of Licensing.

  (6) An agency may charge an adoptive or potential adoptive parent(s) for either the actual adoption related expenses in regard to the pre-existing parent(s) and directly affected individuals or a flat fee estimate of adoption related expenses. Regardless of the fee structure, fees and expenses must be itemized in accordance with this Rule and Utah Code Ann. 78B-6-140.

  (a) the agency must disclose whether their adoption related expenses charged are actual or estimated and share the agency policy on refunds or re-appropriation prior to charging adoptive parent(s).

  (b) If the agency charges a flat fee for adoption related expenses, the amount must be stated in the disclosure outlined in (7) of this section and the policies related to refunds, increases of decreases in those fees must be outlined in the disclosure.

  (c) If the agency charges a fixed amount for adoption related expenses, it must be outlined in the disclosure and capped at that amount. It shall be disclosed whether or not the flat adoption related expenses are or are not refundable in the disclosure.

  (d) Over collection of adoption related expenses that are not refunded is only permissible with estimated adoption related expenses if:

  (i) any overage will be used to support the adoption related expenses of another adoption of the adoptive parent(s) that paid the expenses originally or refunded to the adoptive parent(s)upon their request;

  (ii) any over-collected adoption related expenses shall not be used for the benefit of the agency or anyone associated with the licensee or as a payment to a pre-existing parent.

  (7) A child placing adoption agency shall provide a written disclosure statement of all agency fees, flat fees and adoption related expenses that prospective adoptive parent(s) may incur before the agency accepts any payments, or enters into any agreement with the prospective adoptive parent(s).

  (a) The written disclosure shall identify and itemize:

  (i) each fee and the services associated with each fee; and

  (ii) each adoption-related expense.

  (b) If providing only estimated expenses provide the average cost for each itemized fee and each adoption-related expense for the preceding two fiscal years, and the maximum amount that may be charged for each fee and adoption related expense.

  (c) The written disclosure shall identify any fee that is non-refundable.

  (d) If the agency is charging a flat fee, the disclosure shall contain full acknowledgment by prospective adoptive parents of this fee structure and refund ability of any portion of the flat fee.

  (e) The written disclosure shall be signed and dated by the prospective adoptive parent(s) and an agency representative and maintained in the adoptive parent(s) file.

  (8) An agency shall not charge prospective adoptive parent(s) for any fees or adoption related expenses that the client obtained independently or were paid for by another entity, including any public assistance.

  (9) An agency shall not charge adoptive parent(s) for any fee that was not included in the written disclosure without providing written agreement and justification approved by the prospective adoptive parent(s), and either the Office of Licensing or the Court.

  (10) An agency shall not directly or indirectly offer, give, or attempt to give money or another thing of value in order to induce or influence pre-existing parent(s) in the adoption process.

  (11) The agency shall retain documentation for any adoption related expense exceeding twenty five dollars, which may include receipts, lease agreements, signed fund transfers to pre-existing parent(s) in reasonable amounts in order to cover basic daily needs such as food and household supplies, and any other pertinent documentation.

  (12) An agency shall not charge the adoptive parent(s) for the temporary living expenses of any person other than the pre-existing parent(s) or directly affected persons.

  (13) An agency shall not charge the adoptive parent(s) for any expenses that are post-confinement, with the exception of post-placement counseling if agreed upon.

  (14) A birth mother who decides not to place her child shall not be responsible for reimbursing the costs of any goods or services provided to her by the prospective adoptive parent(s) or the child placing adoption agency during her pregnancy unless they are first convicted of fraud.

  (15) Child placing adoption agencies that provide or pay for pre-existing parent(s)' transportation to the State of Utah shall also ensure that the pre-existing parent(s)' return transportation to their home state is provided, regardless of whether the pre-existing parent(s) decides to relinquish parental rights.

  (16) The agency shall create an affidavit of itemized accounting of the actual fees and adoption related expenses paid by the adoptive parent(s).

  (a) The agency shall utilize an affidavit form provided by the Office of Licensing or a form inclusive of the Office's form content.

  (b) The affidavit shall be executed as follows:

  (i) a copy shall be signed by the adoptive parent(s);

  (ii) all adoption related expenses shall be itemized and include a declaration that Section 76-7-203 has not been violated;

  (A) itemized expenses in the affidavit shall align with those verified by pre-existing parents in R501-7-11(3)(n);

  (iii) the affidavit shall include a declaration of all gifts, property, or other items that have been or will be provided to the pre-existing parent(s), including the source of the gifts, property or other items;

  (iv) the affidavit shall include a declaration of the state of the residence of the pre-existing parent(s) and the prospective adoptive parent(s);

  (v) the affidavit shall include a declaration of all public funds used for any medical or hospital costs in connection with the pregnancy, delivery of the child, or care of the child; and

  (vi) the affidavit shall include the signature of an agency representative with adequate knowledge to verify the contents of the affidavit are accurate and complete.