Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 89 First Substitute (2017GS)

Sponsor

Sen. Escamilla, L.

Final action

Governor Signed 3/20/2017

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• establishes ethical standards for a child-placing agency;
• requires the Utah Department of Human Services, Office of Licensing, to establish certain rules creating minimum ethical responsibilities;
• defines "child-placing agency"; and
• makes conforming amendments.

Every vote on this bill

Bill text

ADOPTION AGENCY AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Luz Escamilla
House Sponsor: 
V. Lowry Snow
LONG TITLE
General Description:
This bill enacts and amends provisions relating to child-placing agencies.
Highlighted Provisions:
This bill:
▸ establishes ethical standards for a child-placing agency;
▸ requires the Utah Department of Human Services, Office of Licensing, to establish
certain rules creating minimum ethical responsibilities;
▸ defines "child-placing agency"; and
▸ makes conforming amendments.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
59-10-1005
, as last amended by Laws of Utah 2016, Chapter 375
62A-2-101
, as last amended by Laws of Utah 2016, Chapters 122, 211, and 342
62A-2-106
, as last amended by Laws of Utah 2016, Chapters 211 and 342
62A-2-108.5
, as enacted by Laws of Utah 2008, Chapter 314
62A-4a-205.6
, as last amended by Laws of Utah 2015, Chapter 322
62A-4a-601
, as last amended by Laws of Utah 2006, Chapter 281
62A-4a-602
, as last amended by Laws of Utah 2008, Chapter 3
62A-4a-605
, as renumbered and amended by Laws of Utah 1994, Chapter 260
62A-4a-606
, as last amended by Laws of Utah 2007, Chapter 81
62A-4a-607
, as last amended by Laws of Utah 2015, Chapter 322
78B-6-106
, as renumbered and amended by Laws of Utah 2008, Chapter 3
78B-6-110.1
, as enacted by Laws of Utah 2012, Chapter 340
78B-6-124
, as last amended by Laws of Utah 2008, Chapter 137 and renumbered and
amended by Laws of Utah 2008, Chapter 3
78B-6-134
, as last amended by Laws of Utah 2013, Chapter 458
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
59-10-1005
 is amended to read:
59-10-1005.
Tax credit for at-home parent.
(1) As used in this section:
(a) "At-home parent" means a parent:
(i) who provides full-time care at the parent's residence for one or more of the parent's
own qualifying children;
(ii) who claims the qualifying child as a dependent on the parent's individual income
tax return for the taxable year for which the parent claims the credit; and
(iii) if the sum of the following amounts are $3,000 or less for the taxable year for
which the parent claims the credit:
(A) the total wages, tips, and other compensation listed on all of the parent's federal
Forms W-2; and
(B) the gross income listed on the parent's federal Form 1040 Schedule C, Profit or
Loss From Business.
(b) "Parent" means an individual who:
(i) is the biological mother or father of a qualifying child;
(ii) is the stepfather or stepmother of a qualifying child;
(iii) (A) legally adopts a qualifying child; or
(B) has a qualifying child placed in the individual's home:
(I) by a [
child placing
] 
child-placing
 agency
,
 as defined in Section [
62A-4a-601
]
62A-2-101
; and
(II) for the purpose of legally adopting the child;
(iv) is a foster parent of a qualifying child; or
(v) is a legal guardian of a qualifying child.
(c) "Qualifying child" means a child who is no more than 12 months of age on the last
day of the taxable year for which the tax credit is claimed.
(2) For a taxable year beginning on or after January 1, 2000, a claimant may claim on
the claimant's individual income tax return a nonrefundable tax credit of $100 for each
qualifying child if:
(a) the claimant or another claimant filing a joint individual income tax return with the
claimant is an at-home parent; and
(b) the adjusted gross income of all of the claimants filing the individual income tax
return is less than or equal to $50,000.
(3) A claimant may not carry forward or carry back a tax credit authorized by this
section.
(4) (a) In accordance with any rules prescribed by the commission under Subsection
(4)(b), the Division of Finance shall transfer at least annually from the General Fund into the
Education Fund the aggregate amount of all tax credits claimed under this section.
(b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
commission may make rules for making a transfer from the General Fund into the Education
Fund as required by Subsection (4)(a).
Section 2. Section 
62A-2-101
 is amended to read:
62A-2-101.
Definitions.
As used in this chapter:
(1) "Adult day care" means nonresidential care and supervision:
(a) for three or more adults for at least four but less than 24 hours a day; and
(b) that meets the needs of functionally impaired adults through a comprehensive
program that provides a variety of health, social, recreational, and related support services in a
protective setting.
(2) "Applicant" means a person who applies for an initial license or a license renewal
under this chapter.
(3) (a) "Associated with the licensee" means that an individual is:
(i) affiliated with a licensee as an owner, director, member of the governing body,
employee, agent, provider of care, department contractor, or volunteer; or
(ii) applying to become affiliated with a licensee in a capacity described in Subsection
(3)(a)(i).
(b) "Associated with the licensee" does not include:
(i) service on the following bodies, unless that service includes direct access to a child
or a vulnerable adult:
(A) a local mental health authority described in Section 
17-43-301
;
(B) a local substance abuse authority described in Section 
17-43-201
; or
(C) a board of an organization operating under a contract to provide mental health or
substance abuse programs, or services for the local mental health authority or substance abuse
authority; or
(ii) a guest or visitor whose access to a child or a vulnerable adult is directly supervised
at all times.
(4) (a) "Boarding school" means a private school that:
(i) uses a regionally accredited education program;
(ii) provides a residence to the school's students:
(A) for the purpose of enabling the school's students to attend classes at the school; and
(B) as an ancillary service to educating the students at the school;
(iii) has the primary purpose of providing the school's students with an education, as
defined in Subsection (4)(b)(i); and
(iv) (A) does not provide the treatment or services described in Subsection [
(28)
]
(29)
(a); or
(B) provides the treatment or services described in Subsection [
(28)
] 
(29)
(a) on a
limited basis, as described in Subsection (4)(b)(ii).
(b) (i) For purposes of Subsection (4)(a)(iii), "education" means a course of study for
one or more of grades kindergarten through 12th grade.
(ii) For purposes of Subsection (4)(a)(iv)(B), a private school provides the treatment or
services described in Subsection [
(28)
] 
(29)
(a) on a limited basis if:
(A) the treatment or services described in Subsection [
(28)
] 
(29)
(a) are provided only
as an incidental service to a student; and
(B) the school does not:
(I) specifically solicit a student for the purpose of providing the treatment or services
described in Subsection [
(28)
] 
(29)
(a); or
(II) have a primary purpose of providing the treatment or services described in
Subsection [
(28)
] 
(29)
(a).
(c) "Boarding school" does not include a therapeutic school.
(5) "Child" means a person under 18 years of age.
(6) "Child placing" means receiving, accepting, or providing custody or care for [
any
] 
a
child, temporarily or permanently, for the purpose of:
(a) finding a person to adopt the child;
(b) placing the child in a home for adoption; or
(c) foster home placement.
(7) "Child-placing agency" means a person that engages in child placing.
[
(7)
] 
(8)
 "Client" means an individual who receives or has received services from a
licensee.
[
(8)
] 
(9)
 "Day treatment" means specialized treatment that is provided to:
(a) a client less than 24 hours a day; and
(b) four or more persons who:
(i) are unrelated to the owner or provider; and
(ii) have emotional, psychological, developmental, physical, or behavioral
dysfunctions, impairments, or chemical dependencies.
[
(9)
] 
(10)
 "Department" means the Department of Human Services.
[
(10)
] 
(11)
 "Department contractor" means an individual who:
(a) provides services under a contract with the department; and
(b) due to the contract with the department, has or will likely have direct access to a
child or vulnerable adult.
[
(11)
] 
(12)
 "Direct access" means that an individual has, or likely will have:
(a) contact with or access to a child or vulnerable adult that provides the individual
with an opportunity for personal communication or touch; or
(b) an opportunity to view medical, financial, or other confidential personal identifying
information of the child, the child's parents or legal guardians, or the vulnerable adult.
[
(12)
] 
(13)
 "Directly supervised" means that an individual is being supervised under
the uninterrupted visual and auditory surveillance of another individual who has a current
background screening approval issued by the office.
[
(13)
] 
(14)
 "Director" means the director of the Office of Licensing.
[
(14)
] 
(15)
 "Domestic violence" means the same as that term is defined in Section
77-36-1
.
[
(15)
] 
(16)
 "Domestic violence treatment program" means a nonresidential program
designed to provide psychological treatment and educational services to perpetrators and
victims of domestic violence.
[
(16)
] 
(17)
 "Elder adult" means a person 65 years of age or older.
[
(17)
] 
(18)
 "Executive director" means the executive director of the department.
[
(18)
] 
(19)
 "Foster home" means a temporary residential living environment for the
care of:
(a) (i) fewer than five foster children in the home of a licensed foster parent; or
(ii) five or more foster children in the home of a licensed foster parent if there are no
foster children or if there is one foster child in the home at the time of the placement of a
sibling group; or
(b) (i) fewer than four foster children in the home of a certified foster parent; or
(ii) four or more foster children in the home of a certified foster parent if there are no
foster children or if there is one foster child in the home at the time of the placement of a
sibling group.
[
(19)
] 
(20)
 (a) "Human services program" means a:
(i) foster home;
(ii) therapeutic school;
(iii) youth program;
(iv) resource family home;
(v) recovery residence; or
(vi) facility or program that provides:
(A) secure treatment;
(B) inpatient treatment;
(C) residential treatment;
(D) residential support;
(E) adult day care;
(F) day treatment;
(G) outpatient treatment;
(H) domestic violence treatment;
(I) [
child placing
] 
child-placing
 services;
(J) social detoxification; or
(K) any other human services that are required by contract with the department to be
licensed with the department.
(b) "Human services program" does not include a boarding school.
[
(20)
] 
(21)
 "Licensee" means an individual or a human services program licensed by
the office.
[
(21)
] 
(22)
 "Local government" means a city, town, metro township, or county.
[
(22)
] 
(23)
 "Minor" has the same meaning as "child."
[
(23)
] 
(24)
 "Office" means the Office of Licensing within the Department of Human
Services.
[
(24)
] 
(25)
 "Outpatient treatment" means individual, family, or group therapy or
counseling designed to improve and enhance social or psychological functioning for those
whose physical and emotional status allows them to continue functioning in their usual living
environment.
[
(25)
] 
(26)
 (a) "Recovery residence" means a home, residence, or facility that meets at
least two of the following requirements:
(i) provides a supervised living environment for individuals recovering from a
substance abuse disorder;
(ii) provides a living environment in which more than half of the individuals in the
residence are recovering from a substance abuse disorder;
(iii) provides or arranges for residents to receive services related to their recovery from
a substance abuse disorder, either on or off site;
(iv) is held out as a living environment in which individuals recovering from substance
abuse disorders live together to encourage continued sobriety; or
(v) (A) receives public funding; or
(B) is run as a business venture, either for-profit or not-for-profit.
(b) "Recovery residence" does not mean:
(i) a residential treatment program;
(ii) residential support; or
(iii) a home, residence, or facility, in which:
(A) residents, by their majority vote, establish, implement, and enforce policies
governing the living environment, including the manner in which applications for residence are
approved and the manner in which residents are expelled;
(B) residents equitably share rent and housing-related expenses; and
(C) a landlord, owner, or operator does not receive compensation, other than fair
market rental income, for establishing, implementing, or enforcing policies governing the
living environment.
[
(26)
] 
(27)
 "Regular business hours" means:
(a) the hours during which services of any kind are provided to a client; or
(b) the hours during which a client is present at the facility of a licensee.
[
(27)
] 
(28)
 (a) "Residential support" means arranging for or providing the necessities of
life as a protective service to individuals or families who have a disability or who are
experiencing a dislocation or emergency that prevents them from providing these services for
themselves or their families.
(b) "Residential support" includes providing a supervised living environment for
persons with dysfunctions or impairments that are:
(i) emotional;
(ii) psychological;
(iii) developmental; or
(iv) behavioral.
(c) Treatment is not a necessary component of residential support.
(d) "Residential support" does not include:
(i) a recovery residence; or
(ii) residential services that are performed:
(A) exclusively under contract with the Division of Services for People with
Disabilities; or
(B) in a facility that serves fewer than four individuals.
[
(28)
] 
(29)
 (a) "Residential treatment" means a 24-hour group living environment for
four or more individuals unrelated to the owner or provider that offers room or board and
specialized treatment, behavior modification, rehabilitation, discipline, emotional growth, or
habilitation services for persons with emotional, psychological, developmental, or behavioral
dysfunctions, impairments, or chemical dependencies.
(b) "Residential treatment" does not include a:
(i) boarding school;
(ii) foster home; or
(iii) recovery residence.
[
(29)
] 
(30)
 "Residential treatment program" means a human services program that
provides:
(a) residential treatment; or
(b) secure treatment.
[
(30)
] 
(31)
 (a) "Secure treatment" means 24-hour specialized residential treatment or
care for persons whose current functioning is such that they cannot live independently or in a
less restrictive environment.
(b) "Secure treatment" differs from residential treatment to the extent that it requires
intensive supervision, locked doors, and other security measures that are imposed on residents
with neither their consent nor control.
[
(31)
] 
(32)
 "Social detoxification" means short-term residential services for persons
who are experiencing or have recently experienced drug or alcohol intoxication, that are
provided outside of a health care facility licensed under Title 26, Chapter 21, Health Care
Facility Licensing and Inspection Act, and that include:
(a) room and board for persons who are unrelated to the owner or manager of the
facility;
(b) specialized rehabilitation to acquire sobriety; and
(c) aftercare services.
[
(32)
] 
(33)
 "Substance abuse treatment program" means a program:
(a) designed to provide:
(i) specialized drug or alcohol treatment;
(ii) rehabilitation; or
(iii) habilitation services; and
(b) that provides the treatment or services described in Subsection [
(32)
] 
(33)
(a) to
persons with:
(i) a diagnosed substance abuse disorder; or
(ii) chemical dependency disorder.
[
(33)
] 
(34)
 "Therapeutic school" means a residential group living facility:
(a) for four or more individuals that are not related to:
(i) the owner of the facility; or
(ii) the primary service provider of the facility;
(b) that serves students who have a history of failing to function:
(i) at home;
(ii) in a public school; or
(iii) in a nonresidential private school; and
(c) that offers:
(i) room and board; and
(ii) an academic education integrated with:
(A) specialized structure and supervision; or
(B) services or treatment related to:
(I) a disability;
(II) emotional development;
(III) behavioral development;
(IV) familial development; or
(V) social development.
[
(34)
] 
(35)
 "Unrelated persons" means persons other than parents, legal guardians,
grandparents, brothers, sisters, uncles, or aunts.
[
(35)
] 
(36)
 "Vulnerable adult" means an elder adult or an adult who has a temporary or
permanent mental or physical impairment that substantially affects the person's ability to:
(a) provide personal protection;
(b) provide necessities such as food, shelter, clothing, or mental or other health care;
(c) obtain services necessary for health, safety, or welfare;
(d) carry out the activities of daily living;
(e) manage the adult's own resources; or
(f) comprehend the nature and consequences of remaining in a situation of abuse,
neglect, or exploitation.
[
(36)
] 
(37)
 (a) "Youth program" means a nonresidential program designed to provide
behavioral, substance abuse, or mental health services to minors that:
(i) serves adjudicated or nonadjudicated youth;
(ii) charges a fee for its services;
(iii) may or may not provide host homes or other arrangements for overnight
accommodation of the youth;
(iv) may or may not provide all or part of its services in the outdoors;
(v) may or may not limit or censor access to parents or guardians; and
(vi) prohibits or restricts a minor's ability to leave the program at any time of the
minor's own free will.
(b) "Youth program" does not include recreational programs such as Boy Scouts, Girl
Scouts, 4-H, and other such organizations.
Section 3. Section 
62A-2-106
 is amended to read:
62A-2-106.
Office responsibilities.
(1) Subject to the requirements of federal and state law, the office shall:
(a) make rules in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act, to establish:
(i) except as provided in Subsection (1)(a)(ii), basic health and safety standards for
licensees, that shall be limited to:
(A) fire safety;
(B) food safety;
(C) sanitation;
(D) infectious disease control;
(E) safety of the:
(I) physical facility and grounds; and
(II) area and community surrounding the physical facility;
(F) transportation safety;
(G) emergency preparedness and response;
(H) the administration of medical standards and procedures, consistent with the related
provisions of this title;
(I) staff and client safety and protection;
(J) the administration and maintenance of client and service records;
(K) staff qualifications and training, including standards for permitting experience to
be substituted for education, unless prohibited by law;
(L) staff to client ratios;
(M) access to firearms; and
(N) the prevention of abuse, neglect, exploitation, harm, mistreatment, or fraud;
(ii) basic health and safety standards for therapeutic schools, that shall be limited to:
(A) fire safety, except that the standards are limited to those required by law or rule
under Title 53, Chapter 7, Part 2, Fire Prevention and Fireworks Act;
(B) food safety;
(C) sanitation;
(D) infectious disease control, except that the standards are limited to:
(I) those required by law or rule under Title 26, Utah Health Code
,
 or Title 26A, Local
Health Authorities; and
(II) requiring a separate room for clients who are sick;
(E) safety of the physical facility and grounds, except that the standards are limited to
those required by law or rule under Title 53, Chapter 7, Part 2, Fire Prevention and Fireworks
Act;
(F) transportation safety;
(G) emergency preparedness and response;
(H) access to appropriate medical care, including:
(I) subject to the requirements of law, designation of a person who is authorized to
dispense medication; and
(II) storing, tracking, and securing medication;
(I) staff and client safety and protection that permits the school to provide for the direct
supervision of clients at all times;
(J) the administration and maintenance of client and service records;
(K) staff qualifications and training, including standards for permitting experience to
be substituted for education, unless prohibited by law;
(L) staff to client ratios;
(M) access to firearms; and
(N) the prevention of abuse, neglect, exploitation, harm, mistreatment, or fraud;
(iii) procedures and standards for permitting a licensee to:
(A) provide in the same facility and under the same conditions as children, residential
treatment services to a person 18 years old or older who:
(I) begins to reside at the licensee's residential treatment facility before the person's
18th birthday;
(II) has resided at the licensee's residential treatment facility continuously since the
time described in Subsection (1)(a)(iii)(A)(I);
(III) has not completed the course of treatment for which the person began residing at
the licensee's residential treatment facility; and
(IV) voluntarily consents to complete the course of treatment described in Subsection
(1)(a)(iii)(A)(III); or
(B) (I) provide residential treatment services to a child who is:
(Aa) 12 years old or older; and
(Bb) under the custody of the Department of Human Services, or one of its divisions;
and
(II) provide, in the same facility as a child described in Subsection (1)(a)(iii)(B)(I),
residential treatment services to a person who is:
(Aa) at least 18 years old, but younger than 21 years old; and
(Bb) under the custody of the Department of Human Services, or one of its divisions;
(iv) minimum administration and financial requirements for licensees;
(v) guidelines for variances from rules established under this Subsection (1);
(vi) [
minimum ethical responsibilities of an adoption
] 
ethical standards, as described in
Subsection 
78B-6-106
(3), and minimum responsibilities of a child-placing
 agency 
that
provides adoption services and that is
 licensed under this chapter[
, including prohibiting an
adoption agency or its employee from misrepresenting facts or information
];
(vii) what constitutes an "outpatient treatment program" for purposes of this chapter;
(viii) a procedure requiring a licensee to provide an insurer the licensee's records
related to any services or supplies billed to the insurer, and a procedure allowing the licensee
and the insurer to contact the Insurance Department to resolve any disputes;
(ix) a protocol for the office to investigate and process complaints about licensees; and
(x) a procedure for licensees to report incidents;
(b) enforce rules relating to the office;
(c) issue licenses in accordance with this chapter;
(d) if the United States Department of State executes an agreement with the office that
designates the office to act as an accrediting entity in accordance with the Intercountry
Adoption Act of 2000, Pub. L. No. 106-279, accredit one or more agencies and persons to
provide intercountry adoption services pursuant to:
(i) the Intercountry Adoption Act of 2000, Pub. L. No. 106-279; and
(ii) the implementing regulations for the Intercountry Adoption Act of 2000, Pub. L.
No. 106-279;
(e) make rules to implement the provisions of Subsection (1)(d);
(f) conduct surveys and inspections of licensees and facilities in accordance with
Section 
62A-2-118
;
(g) collect licensure fees;
(h) notify licensees of the name of a person within the department to contact when
filing a complaint;
(i) investigate complaints regarding any licensee or human services program;
(j) have access to all records, correspondence, and financial data required to be
maintained by a licensee;
(k) have authority to interview any client, family member of a client, employee, or
officer of a licensee;
(l) have authority to deny, condition, revoke, suspend, or extend any license issued by
the department under this chapter by following the procedures and requirements of Title 63G,
Chapter 4, Administrative Procedures Act;
(m) electronically post notices of agency action issued to a human services program,
with the exception of a foster home, on the office's website, in accordance with Title 63G,
Chapter 2, Government Records Access and Management Act; and
(n) upon receiving a local government's request under Section 
62A-2-108.4
, notify the
local government of new human services program license applications, except for foster
homes, for human services programs located within the local government's jurisdiction. 
(2) In establishing rules under Subsection (1)(a)(ii)(G), the office shall require a
licensee to establish and comply with an emergency response plan that requires clients and staff
to:
(a) immediately report to law enforcement any significant criminal activity, as defined
by rule, committed:
(i) on the premises where the licensee operates its human services program;
(ii) by or against its clients; or
(iii) by or against a staff member while the staff member is on duty;
(b) immediately report to emergency medical services any medical emergency, as
defined by rule:
(i) on the premises where the licensee operates its human services program;
(ii) involving its clients; or
(iii) involving a staff member while the staff member is on duty; and
(c) immediately report other emergencies that occur on the premises where the licensee
operates its human services program to the appropriate emergency services agency.
Section 4. Section 
62A-2-108.5
 is amended to read:
62A-2-108.5.
Notification requirement for child-placing agencies that provide
foster home services -- Rulemaking authority.
(1) The office shall require a [
child placing
] 
child-placing
 agency that provides foster
home services to notify a foster parent that if the foster parent signs as the responsible adult for
a foster child to receive a driver license under Section 
53-3-211
:
(a) the foster parent is jointly and severally liable with the minor for civil compensatory
damages caused by the minor when operating a motor vehicle upon a highway as provided
under Subsections 
53-3-211
(2) and (4); and
(b) the foster parent may file with the Driver License Division a verified written
request that the learner permit or driver license be canceled in accordance with Section
53-3-211
 if the foster child no longer resides with the foster parent.
(2) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
office may make rules establishing the procedures for a [
child placing
] 
child-placing
 agency to
provide the notification required under this section.
Section 5. Section 
62A-4a-205.6
 is amended to read:
62A-4a-205.6.
Adoptive placement time frame -- Contracting with agencies.
(1) With regard to a child who has a primary permanency plan of adoption or for whom
a final plan for pursuing termination of parental rights has been approved in accordance with
Section 
78A-6-314
, the division shall make intensive efforts to place the child in an adoptive
home within 30 days of the earlier of:
(a) approval of the final plan; or
(b) establishment of the primary permanency plan.
(2) If within the time periods described in Subsection (1) the division is unable to
locate a suitable adoptive home, it shall contract with licensed [
child placing
] 
child-placing
agencies to search for an appropriate adoptive home for the child, and to place the child for
adoption. The division shall comply with the requirements of Section 
62A-4a-607
 and contract
with a variety of child placing agencies licensed under Title 62A, Chapter 4a, Part 6, Child
Placing. In accordance with federal law, the division shall develop plans for the effective use
of cross-jurisdictional resources to facilitate timely adoptive or permanent placements for
waiting children.
(3) The division shall ensure that children who are adopted and were previously in its
custody, continue to receive the medical and mental health coverage that they are entitled to
under state and federal law.
(4) The division may not consider a prospective adoptive parent's willingness or
unwillingness to enter a postadoption contact agreement under Section 
78B-6-146
 as a
condition of placing a child with the prospective adoptive parent.
Section 6. Section 
62A-4a-601
 is amended to read:
62A-4a-601.
Definitions.
For purposes of this part:
[
(1) "Child placing" means:
]
[
(a) receiving, accepting, or providing custody or care for a child, temporarily or
permanently, for the purpose of finding a person to adopt the child; or
]
[
(b) placing a child, temporarily or permanently, in a home for adoption or substitute
care.
]
[
(2) "Child placing agency" means an individual, agency, firm, corporation,
association, or group children's home that engages in child placing.
]
(1) "Child placing" means the same as that term is defined in Section 
62A-2-101
.
(2) "Child-placing agency" means the same as that term is defined in Section
62A-2-101
.
Section 7. Section 
62A-4a-602
 is amended to read:
62A-4a-602.
Licensure requirements -- Prohibited acts.
(1) No person[
, agency, firm, corporation, association, or group children's home
] may
engage in child placing, or solicit money or other assistance for child placing, without a valid
license issued by the Office of Licensing, in accordance with Chapter 2, Licensure of Programs
and Facilities. When a [
child placing
] 
child-placing
 agency's license is suspended or revoked
in accordance with that chapter, the care, control, or custody of any child who has been in the
care, control, or custody of that agency shall be transferred to the division.
(2) (a) An attorney, physician, or other person may assist a parent in identifying or
locating a person interested in adopting the parent's child, or in identifying or locating a child to
be adopted. However, no payment, charge, fee, reimbursement of expense, or exchange of
value of any kind, or promise or agreement to make the same, may be made for that assistance.
(b) An attorney, physician, or other person may not:
(i) issue or cause to be issued to any person a card, sign, or device indicating that he is
available to provide that assistance;
(ii) cause, permit, or allow any sign or marking indicating that he is available to
provide that assistance, on or in any building or structure;
(iii) announce or cause, permit, or allow an announcement indicating that he is
available to provide that assistance, to appear in any newspaper, magazine, directory, or on
radio or television; or
(iv) advertise by any other means that he is available to provide that assistance.
(3) Nothing in this part precludes payment of fees for medical, legal, or other lawful
services rendered in connection with the care of a mother, delivery and care of a child, or
lawful adoption proceedings; and no provision of this part abrogates the right of procedures for
independent adoption as provided by law.
(4) In accordance with federal law, only agents or employees of the division and of
licensed child placing agencies may certify to the United States Immigration and Naturalization
Service that a family meets the division's preadoption requirements.
(5) (a) Beginning May 1, 2000, neither a licensed [
child placing
] 
child-placing
 agency
nor any attorney practicing in this state may place a child for adoption, either temporarily or
permanently, with any individual or individuals that would not be qualified for adoptive
placement pursuant to the provisions of Sections 
78B-6-117
, 
78B-6-102
, and 
78B-6-137
.
(b) Beginning May 1, 2000, the division, as a licensed [
child placing
] 
child-placing
agency, may not place a child in foster care with any individual or individuals that would not
be qualified for adoptive placement pursuant to the provisions of Sections 
78B-6-117
,
78B-6-102
, and 
78B-6-137
. However, nothing in this Subsection (5)(b) limits the placement of
a child in foster care with the child's biological or adoptive parent.
(c) Beginning May 1, 2000, with regard to children who are in the custody of the state,
the division shall establish a policy providing that priority for foster care and adoptive
placement shall be provided to families in which both a man and a woman are legally married
under the laws of this state. However, nothing in this Subsection (5)(c) limits the placement of
a child with the child's biological or adoptive parent.
Section 8. Section 
62A-4a-605
 is amended to read:
62A-4a-605.
Establishing proof of authority.
A [
child placing
] 
child-placing
 agency is not required to present its license, issued
under Chapter 2, Licensure of Programs and Facilities, or its certificate of incorporation, or
proof of its authority to consent to adoption, as proof of its authority in any proceeding in
which it is an interested party, unless the court or a party to the proceeding requests that the
agency or its representative establish proof of authority.
Section 9. Section 
62A-4a-606
 is amended to read:
62A-4a-606.
Child-placing agency responsibility for educational services --
Payment of costs.
(1) A [
child placing
] 
child-placing
 agency shall ensure that the requirements of
Subsections 
53A-11-101.5
(2) and 
53A-11-101.7
(1) are met through the provision of
appropriate educational services for all children served in the state by the agency.
(2) If the educational services are to be provided through a public school, and:
(a) the custodial parent or legal guardian resides outside the state, then the child
placing agency shall pay all educational costs required under Sections 
53A-2-205
 and
53A-12-102
; or
(b) the custodial parent or legal guardian resides within the state, then the child placing
agency shall pay all educational costs required under Section 
53A-12-102
.
(3) Children in the custody or under the care of a Utah state agency are exempt from
the payment of fees required under Subsection (2).
(4) A public school shall admit any child living within its school boundaries who is
under the supervision of a child placing agency upon payment by the agency of the tuition and
fees required under Subsection (2).
Section 10. Section 
62A-4a-607
 is amended to read:
62A-4a-607.
Promotion of adoption -- Agency notice to potential adoptive
parents.
(1) (a) The division and all [
child placing
] 
child-placing
 agencies licensed under this
part shall promote adoption when that is a possible and appropriate alternative for a child. 
Specifically, in accordance with Section 
62A-4a-205.6
, the division shall actively promote the
adoption of all children in its custody who have a final plan for termination of parental rights
pursuant to Section 
78A-6-314
 or a primary permanency plan of adoption.
(b) Beginning May 1, 2000, the division may not place a child for adoption, either
temporarily or permanently, with any individual or individuals who do not qualify for adoptive
placement pursuant to the requirements of Sections 
78B-6-117
, 
78B-6-102
, and 
78B-6-137
.
(2) The division shall obtain or conduct research of prior adoptive families to
determine what families may do to be successful with their adoptive children and shall make
this research available to potential adoptive parents.
(3) (a) A [
child placing
] 
child-placing
 agency licensed under this part shall inform each
potential adoptive parent with whom it is working that:
(i) children in the custody of the state are available for adoption;
(ii) Medicaid coverage for medical, dental, and mental health services may be available
for these children;
(iii) tax benefits, including the tax credit provided for in Section 
59-10-1104
, and
financial assistance may be available to defray the costs of adopting these children;
(iv) training and ongoing support may be available to the adoptive parents of these
children; and
(v) information about individual children may be obtained by contacting the division's
offices or its Internet site as explained by the [
child placing
] 
child-placing
 agency.
(b) A [
child placing
] 
child-placing
 agency shall:
(i) provide the notice required by Subsection (3)(a) at the earliest possible opportunity;
and
(ii) simultaneously distribute a copy of the pamphlet prepared by the division in
accordance with Subsection (3)(d).
(c) As a condition of licensure, the [
child placing
] 
child-placing
 agency shall certify to
the Office of Licensing at the time of license renewal that it has complied with the provisions
of this section.
(d) Before July 1, 2000, the division shall:
(i) prepare a pamphlet that explains the information that is required by Subsection
(3)(a); and
(ii) regularly distribute copies of the pamphlet described in Subsection (3)(d)(i) to
[
child placing
] 
child-placing
 agencies.
(e) The division shall respond to any inquiry made as a result of the notice provided in
Subsection (3)(a).
Section 11. Section 
78B-6-106
 is amended to read:
78B-6-106.
Responsibility for own actions -- Fraud or misrepresentation.
(1) Each parent of a child conceived or born outside of marriage is responsible for his
or her own actions and is not excused from strict compliance with the provisions of this 
chapter based upon any action, statement, or omission of the other parent or third parties.
(2) Any person injured by fraudulent representations or actions in connection with an
adoption is entitled to pursue civil or criminal penalties in accordance with existing law. A
fraudulent representation is not a defense to strict compliance with the requirements of this
chapter[
,
] and is not a basis for dismissal of a petition for adoption, vacation of an adoption
decree, or an automatic grant of custody to the offended party. Custody determinations shall be
based on the best [
interest
] 
interests
 of the child, in accordance with the provisions of Section
78B-6-133
.
(3) A child-placing agency and the employees of a child-placing agency may not:
(a) employ any device, scheme, or artifice to defraud;
(b) engage in any act, practice, or course of business that operates or would operate as a
fraud or deceit upon any person;
(c) materially and intentionally misrepresent facts or information; or
(d) request or require a prospective adoptive parent to grant, as a condition of or in
connection with entering into an agreement with a child-placing agency, a release of either the
prospective adoptive parent's claims or the adoptive child's claims against the child-placing
agency regarding any of the following:
(i) criminal misconduct;
(ii) ethical violations, as established by the Office of Licensing's administrative rules;
(iii) bad faith;
(iv) intentional torts;
(v) fraud;
(vi) gross negligence associated with care of the child, as described in Subsection
78B-6-134
(3);
(vii) future misconduct that may arise before the adoption is finalized;
(viii) breach of contract; or
(ix) gross negligence.
(4) Subsection (3) does not prohibit a release of claims against a child-placing agency
or a child-placing agency's employees for liability arising from the acts or the failure to act of a
third party.
Section 12. Section 
78B-6-110.1
 is amended to read:
78B-6-110.1.
Prebirth notice to presumed father of intent to place a child for
adoption.
(1) As used in this section, "birth father" means:
(a) a potential biological father; or
(b) an unmarried biological father.
(2) Before the birth of a child, the following individuals may notify a birth father of the
child that the mother of the child is considering an adoptive placement for the child:
(a) the child's mother;
(b) a licensed [
child placing
] 
child-placing
 agency;
(c) an attorney representing a prospective adoptive parent of the child; or
(d) an attorney representing the mother of the child.
(3) Providing a birth father with notice under Subsection (2) does not obligate the
mother of the child to proceed with an adoptive placement of the child.
(4) The notice described in Subsection (2) shall include the name, address, and
telephone number of the person providing the notice, and shall include the following
information:
(a) the mother's intent to place the child for adoption;
(b) that the mother has named the person receiving this notice as a potential birth father
of her child;
(c) the requirements to contest the adoption, including taking the following steps
within 30 days after the day on which the notice is served:
(i) initiating proceedings to establish or assert paternity in a district court of Utah
within 30 days after the day on which notice is served, including filing an affidavit stating:
(A) that the birth father is fully able and willing to have full custody of the child;
(B) the birth father's plans to care for the child; and
(C) that the birth father agrees to pay for child support and expenses incurred in
connection with the pregnancy and birth; and
(ii) filing a notice of commencement of paternity proceedings with the state registrar of
vital statistics within the Utah Department of Health;
(d) the consequences for failure to comply with Subsection (4)(c), including that:
(i) the birth father's ability to assert the right, if any, to consent or refuse to consent to
the adoption is irrevocably lost;
(ii) the birth father will lose the ability to assert the right to contest any future adoption
of the child; and
(iii) the birth father will lose the right, if any, to notice of any adoption proceedings
related to the child;
(e) that the birth father may consent to the adoption, if any, within 30 days after the day
on which the notice is received, and that his consent is irrevocable; and
(f) that no communication between the mother of the child and the birth father changes
the rights and responsibilities of the birth father described in the notice.
(5) If the recipient of the notice described in Subsection (2) does not fully and strictly
comply with the requirements of Subsection (4)(c) within 30 days after the day on which he
receives the notice, he will lose:
(a) the ability to assert the right to consent or refuse to consent to an adoption of the
child described in the notice;
(b) the ability to assert the right to contest any future adoption of the child described in
the notice; and
(c) the right to notice of any adoption proceedings relating to the child described in the
notice.
(6) If an individual described in Subsection (2) chooses to notify a birth father under
this section, the notice shall be served on a birth father in a manner consistent with the Utah
Rules of Civil Procedure or by certified mail.
Section 13. Section 
78B-6-124
 is amended to read:
78B-6-124.
Persons who may take consents and relinquishments.
(1) A consent or relinquishment by a birth mother or an adoptee shall be signed before:
(a) a judge of any court that has jurisdiction over adoption proceedings;
(b) subject to Subsection (6), a person appointed by the judge described in Subsection
(1)(a) to take consents or relinquishments; or
(c) subject to Subsection (6), a person who is authorized by a child-placing agency to
take consents or relinquishments, if the consent or relinquishment grants legal custody of the
child to a child-placing agency or an extra-jurisdictional child-placing agency.
(2) If the consent or relinquishment of a birth mother or adoptee is taken out of state it
shall be signed before:
(a) subject to Subsection (6), a person who is authorized by a child-placing agency to
take consents or relinquishments, if the consent or relinquishment grants legal custody of the
child to a child-placing agency or an extra-jurisdictional child-placing agency;
(b) subject to Subsection (6), a person authorized or appointed to take consents or
relinquishments by a court of this state that has jurisdiction over adoption proceedings;
(c) a court that has jurisdiction over adoption proceedings in the state where the
consent or relinquishment is taken; or
(d) a person authorized, under the laws of the state where the consent or relinquishment
is taken, to take consents or relinquishments of a birth mother or adoptee.
(3) The consent or relinquishment of any other person or agency as required by Section
78B-6-120
 may be signed before a Notary Public or any person authorized to take a consent or
relinquishment under Subsection (1) or (2).
(4) A person, authorized by Subsection (1) or (2) to take consents or relinquishments,
shall certify to the best of his information and belief that the person executing the consent or
relinquishment has read and understands the consent or relinquishment and has signed it freely
and voluntarily.
(5) A person executing a consent or relinquishment is entitled to receive a copy of the
consent or relinquishment.
(6) A signature described in Subsection (1)(b), (1)(c), (2)(a), or (2)(b), shall be:
(a) notarized; or
(b) witnessed by two individuals who are not members of the birth mother's or the
[
signatory's
] 
adoptee's
 immediate family.
(7) Except as provided in Subsection 
62A-4a-602
(1), a transfer of relinquishment from
one child-placing agency to another child-placing agency shall be signed before a Notary
Public.
Section 14. Section 
78B-6-134
 is amended to read:
78B-6-134.
Custody pending final decree.
(1) (a) A licensed [
child placing adoption
] 
child-placing
 agency, or a petitioner if the
petition for adoption is filed before a child's birth, may seek an order establishing that the
agency or petitioner shall have temporary custody of the child from the time of birth.
(b) The court shall grant an order for temporary custody under Subsection (1)(a) upon
determining that:
(i) the birth mother or both birth parents consent to the order;
(ii) the agency or petitioner is willing and able to take custody of the child; and
(iii) an order will be in the best interest of the child.
(c) The court shall vacate an order if, prior to the child's birth, the birth mother or birth
parents withdraw their consent.
(2) Except as otherwise provided by the court, once a petitioner has received the
adoptee into his home and a petition for adoption has been filed, the petitioner is entitled to the
custody and control of the adoptee and is responsible for the care, maintenance, and support of
the adoptee, including any necessary medical or surgical treatment, pending further order of the
court.
(3) Once a child has been placed with, relinquished to, or ordered into the custody of a
child-placing agency for purposes of adoption, the agency shall have custody and control of the
child and is responsible for his care, maintenance, and support. The agency may delegate the
responsibility for care, maintenance, and support, including any necessary medical or surgical
treatment, to the petitioner once the petitioner has received the child into his home. However,
until the final decree of adoption is entered by the court, the agency has the right to the custody
and control of the child.