Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 154 Second Substitute (2023GS)

Sponsor

Sen. Wilson, C.

Final action

Governor Signed 3/22/2023

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• defines terms;
• addresses Medicaid coverage and payments related to a birth mother who considers or proceeds with an adoptive placement for a child;
• prohibits a child-placing agency from charging for services that are not actually rendered or for medical or hospital expenses that were paid for with public funds;
• requires certain child-placing agencies to join a child-placing consortium by which the consortium can serve all birth mothers and all prospective adoptive parents;
• provides protections for consortium-member child-placing agencies that cannot participate in child placing that is contrary to the agency's religious teachings, practices, or beliefs, or certain wishes of the birth mother;
• requires the Judicial Council to create a uniform fee and expense form for adoption proceedings;
• with certain conditions and exceptions:
• requires a prospective adoptive parent to file a fee and expense form with the court prior to the finalization of an adoption;
• requires the court to review a fee and expense form for completeness;
• requires a child placing agency to file a fee and expense form with the Office of Licensing within the Department of Health and Human Services; and
• requires the Department of Health and Human Services to provide an annual report to the Health and Human Services Interim Committee and Judicial Council regarding adoption costs in the state; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

ADOPTION AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Chris H. Wilson
House Sponsor: 
Jefferson S. Burton
LONG TITLE
General Description:
This bill addresses adoptions.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ addresses Medicaid coverage and payments related to a birth mother who considers
or proceeds with an adoptive placement for a child;
▸ prohibits a child-placing agency from charging for services that are not actually
rendered or for medical or hospital expenses that were paid for with public funds;
▸ requires certain child-placing agencies to join a child-placing consortium by which
the consortium can serve all birth mothers and all prospective adoptive parents;
▸ provides protections for consortium-member child-placing agencies that cannot
participate in child placing that is contrary to the agency's religious teachings,
practices, or beliefs, or certain wishes of the birth mother;
▸ requires the Judicial Council to create a uniform fee and expense form for adoption
proceedings;
▸ with certain conditions and exceptions:
• requires a prospective adoptive parent to file a fee and expense form with the
court prior to the finalization of an adoption;
• requires the court to review a fee and expense form for completeness;
• requires a child placing agency to file a fee and expense form with the Office of
Licensing within the Department of Health and Human Services; and
• requires the Department of Health and Human Services to provide an annual
report to the Health and Human Services Interim Committee and Judicial
Council regarding adoption costs in the state; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
26-18-3
, as last amended by Laws of Utah 2021, Chapter 422
62A-2-108.6
, as last amended by Laws of Utah 2022, Chapters 287, 326 and
renumbered and amended by Laws of Utah 2022, Chapter 334 and last amended by
Coordination Clause, Laws of Utah 2022, Chapter 334
63G-20-102
, as enacted by Laws of Utah 2015, Chapter 46
63G-20-202
, as enacted by Laws of Utah 2015, Chapter 46
78B-6-140
, as last amended by Laws of Utah 2021, Chapter 65
ENACTS:
63G-20-203.5
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
26-18-3
 is amended to read:
26-18-3.
Administration of Medicaid program by department -- Reporting to the
Legislature -- Disciplinary measures and sanctions -- Funds collected -- Eligibility
standards -- Internal audits -- Health opportunity accounts.
(1) The department shall be the single state agency responsible for the administration
of the Medicaid program in connection with the United States Department of Health and
Human Services pursuant to Title XIX of the Social Security Act.
(2) (a) The department shall implement the Medicaid program through administrative
rules in conformity with this chapter, Title 63G, Chapter 3, Utah Administrative Rulemaking
Act, the requirements of Title XIX, and applicable federal regulations.
(b) The rules adopted under Subsection (2)(a) shall include, in addition to other rules
necessary to implement the program:
(i) the standards used by the department for determining eligibility for Medicaid
services;
(ii) the services and benefits to be covered by the Medicaid program;
(iii) reimbursement methodologies for providers under the Medicaid program; and
(iv) a requirement that:
(A) a person receiving Medicaid services shall participate in the electronic exchange of
clinical health records established in accordance with Section 
26-1-37
 unless the individual
opts out of participation;
(B) prior to enrollment in the electronic exchange of clinical health records the enrollee
shall receive notice of enrollment in the electronic exchange of clinical health records and the
right to opt out of participation at any time; and
(C) beginning July 1, 2012, when the program sends enrollment or renewal information
to the enrollee and when the enrollee logs onto the program's website, the enrollee shall receive
notice of the right to opt out of the electronic exchange of clinical health records.
(3) (a) The department shall, in accordance with Subsection (3)(b), report to the Social
Services Appropriations Subcommittee when the department:
(i) implements a change in the Medicaid State Plan;
(ii) initiates a new Medicaid waiver;
(iii) initiates an amendment to an existing Medicaid waiver;
(iv) applies for an extension of an application for a waiver or an existing Medicaid
waiver;
(v) applies for or receives approval for a change in any capitation rate within the
Medicaid program; or
(vi) initiates a rate change that requires public notice under state or federal law.
(b) The report required by Subsection (3)(a) shall:
(i) be submitted to the Social Services Appropriations Subcommittee prior to the
department implementing the proposed change; and
(ii) include:
(A) a description of the department's current practice or policy that the department is
proposing to change;
(B) an explanation of why the department is proposing the change;
(C) the proposed change in services or reimbursement, including a description of the
effect of the change;
(D) the effect of an increase or decrease in services or benefits on individuals and
families;
(E) the degree to which any proposed cut may result in cost-shifting to more expensive
services in health or human service programs; and
(F) the fiscal impact of the proposed change, including:
(I) the effect of the proposed change on current or future appropriations from the
Legislature to the department;
(II) the effect the proposed change may have on federal matching dollars received by
the state Medicaid program;
(III) any cost shifting or cost savings within the department's budget that may result
from the proposed change; and
(IV) identification of the funds that will be used for the proposed change, including any
transfer of funds within the department's budget.
(4) Any rules adopted by the department under Subsection (2) are subject to review and
reauthorization by the Legislature in accordance with Section 
63G-3-502
.
(5) The department may, in its discretion, contract with the Department of Human
Services or other qualified agencies for services in connection with the administration of the
Medicaid program, including:
(a) the determination of the eligibility of individuals for the program;
(b) recovery of overpayments; and
(c) consistent with Section 
26-20-13
, and to the extent permitted by law and quality
control services, enforcement of fraud and abuse laws.
(6) The department shall provide, by rule, disciplinary measures and sanctions for
Medicaid providers who fail to comply with the rules and procedures of the program, provided
that sanctions imposed administratively may not extend beyond:
(a) termination from the program;
(b) recovery of claim reimbursements incorrectly paid; and
(c) those specified in Section 1919 of Title XIX of the federal Social Security Act.
(7) (a) Funds collected as a result of a sanction imposed under Section 1919 of Title
XIX of the federal Social Security Act shall be deposited in the General Fund as dedicated
credits to be used by the division in accordance with the requirements of Section 1919 of Title
XIX of the federal Social Security Act.
(b) In accordance with Section 
63J-1-602.2
, sanctions collected under this Subsection
(7) are nonlapsing.
(8) (a) In determining whether an applicant or recipient is eligible for a service or
benefit under this part or Chapter 40, Utah Children's Health Insurance Act, the department
shall, if Subsection (8)(b) is satisfied, exclude from consideration one passenger vehicle
designated by the applicant or recipient.
(b) Before Subsection (8)(a) may be applied:
(i) the federal government shall:
(A) determine that Subsection (8)(a) may be implemented within the state's existing
public assistance-related waivers as of January 1, 1999;
(B) extend a waiver to the state permitting the implementation of Subsection (8)(a); or
(C) determine that the state's waivers that permit dual eligibility determinations for
cash assistance and Medicaid are no longer valid; and
(ii) the department shall determine that Subsection (8)(a) can be implemented within
existing funding.
(9) (a) For purposes of this Subsection (9):
(i) "aged, blind, or has a disability" means an aged, blind, or disabled individual, as
defined in 42 U.S.C. Sec. 1382c(a)(1); and
(ii) "spend down" means an amount of income in excess of the allowable income
standard that shall be paid in cash to the department or incurred through the medical services
not paid by Medicaid.
(b) In determining whether an applicant or recipient who is aged, blind, or has a
disability is eligible for a service or benefit under this chapter, the department shall use 100%
of the federal poverty level as:
(i) the allowable income standard for eligibility for services or benefits; and
(ii) the allowable income standard for eligibility as a result of spend down.
(10) The department shall conduct internal audits of the Medicaid program.
(11) (a) The department may apply for and, if approved, implement a demonstration
program for health opportunity accounts, as provided for in 42 U.S.C. Sec. 1396u-8.
(b) A health opportunity account established under Subsection (11)(a) shall be an
alternative to the existing benefits received by an individual eligible to receive Medicaid under
this chapter.
(c) Subsection (11)(a) is not intended to expand the coverage of the Medicaid program.
(12) (a) (i) The department shall apply for, and if approved, implement an amendment
to the state plan under this Subsection (12) for benefits for:
(A) medically needy pregnant women;
(B) medically needy children; and
(C) medically needy parents and caretaker relatives.
(ii) The department may implement the eligibility standards of Subsection (12)(b) for
eligibility determinations made on or after the date of the approval of the amendment to the
state plan.
(b) In determining whether an applicant is eligible for benefits described in Subsection
(12)(a)(i), the department shall:
(i) disregard resources held in an account in the savings plan created under Title 53B,
Chapter 8a, Utah Educational Savings Plan, if the beneficiary of the account is:
(A) under the age of 26; and
(B) living with the account owner, as that term is defined in Section 
53B-8a-102
, or
temporarily absent from the residence of the account owner; and
(ii) include the withdrawals from an account in the Utah Educational Savings Plan as
resources for a benefit determination, if the withdrawal was not used for qualified higher
education costs as that term is defined in Section 
53B-8a-102.5
.
(13) (a) The department may not deny or terminate eligibility for Medicaid solely
because an individual is:
(i) incarcerated; and
(ii) not an inmate as defined in Section 
64-13-1
.
(b) Subsection (13)(a) does not require the Medicaid program to provide coverage for
any services for an individual while the individual is incarcerated.
(14) The department is a party to, and may intervene at any time in, any judicial or
administrative action:
(a) to which the Department of Workforce Services is a party; and
(b) that involves medical assistance under:
(i) Title 26, Chapter 18, Medical Assistance Act; or
(ii) Title 26, Chapter 40, Utah Children's Health Insurance Act.
(15) (a) The department may not deny or terminate eligibility for Medicaid solely
because a birth mother, as that term is defined in Section 
78B-6-103
, considers an adoptive
placement for the child or proceeds with an adoptive placement of the child.
(b) A health care provider, as that term is defined in Section 
26-18-17
, may not decline
payment by Medicaid for covered health and medical services provided to a birth mother, as
that term is defined in Section 
78B-6-103
, who is enrolled in Utah's Medicaid program and
who considers an adoptive placement for the child or proceeds with an adoptive placement of
the child.
Section 2. Section 
62A-2-108.6
 is amended to read:
62A-2-108.6.
Child placing licensure requirements -- Prohibited acts --
Consortium.
(1) As used in this section:
(a) (i) "Advertisement" means any written, oral, or graphic statement or representation
made in connection with a solicitation of business.
(ii) "Advertisement" includes a statement or representation described in Subsection
(1)(a)(i) by a noncable television system, radio, printed brochure, newspaper, leaflet, flyer,
circular, billboard, banner, Internet website, social media, or sign.
(b) "Birth parent" means the same as that term is defined in Section 
78B-6-103
.
(c) "Clearly and conspicuously disclose" means the same as that term is defined in
Section 
13-11a-2
.
(d) (i) "Matching advertisement" means any written, oral, or graphic statement or
representation made in connection with a solicitation of business to provide the assistance
described in Subsection (3)(a)(i), regardless of whether there is or will be an exchange
described in Subsection (3)(a)(ii).
(ii) "Matching advertisement" includes a statement or representation described in
Subsection (1)(d)(i) by a noncable television system, radio, printed brochure, newspaper,
leaflet, flyer, circular, billboard, banner, Internet website, social media, or sign.
(2) (a) Subject to Section 
78B-24-205
, a person may not engage in child placing, or
solicit money or other assistance for child placing, without a valid license issued by the office
in accordance with this chapter.
(b) If a child-placing agency's license is suspended or revoked in accordance with this
chapter, the care, control, or custody of any child who is in the care, control, or custody of the
child-placing agency shall be transferred to the Division of Child and Family Services.
(3) (a) (i) An attorney, physician, or other person may assist:
(A) a birth parent to identify or locate a prospective adoptive parent who is interested
in adopting the birth parent's child; or
(B) a prospective adoptive parent to identify or locate a child to be adopted.
(ii) A payment, charge, fee, reimbursement of expense, or exchange of value of any
kind, or promise or agreement to make the same, may not be made for the assistance described
in Subsection (3)(a)(i).
(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 the
attorney, physician, or other person is available to provide the assistance described in
Subsection (3)(a)(i);
(ii) cause, permit, or allow any sign or marking indicating that the attorney, physician,
or other person is available to provide the assistance described in Subsection (3)(a)(i), on or in
any building or structure;
(iii) announce, cause, permit, or allow an announcement indicating that the attorney,
physician, or other person is available to provide the assistance described in Subsection
(3)(a)(i), to appear in any newspaper, magazine, directory, on radio or television, or an Internet
website relating to a business;
(iv) announce, cause, permit, or allow a matching advertisement; or
(v) announce, cause, permit, or allow an advertisement that indicates or implies the
attorney, physician, or other person is available to provide the assistance described in
Subsection (3)(a)(i) as part of, or related to, other adoption-related services by using any of the
following terms:
(A) "comprehensive";
(B) "complete";
(C) "one-stop";
(D) "all-inclusive"; or
(E) any other term similar to the terms described in Subsections (3)(b)(v)(A) through
(D).
(c) An attorney, physician, or other person who is not licensed by the office shall
clearly and conspicuously disclose in any print media advertisement or written contract
regarding adoption services or adoption-related services that the attorney, physician, or other
person is not licensed to provide adoption services by the office.
(4) A person who intentionally or knowingly violates Subsection (2) or (3) is guilty of
a third degree felony.
(5) This section does not preclude 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
, except that a child-placing agency may not:
(a) charge or accept payment for services that were not actually rendered; or
(b) charge or accept payment from a prospective adoptive parent for medical or
hospital expenses that were paid for by public funds
.
(6) In accordance with federal law, only an agent or employee of the Division of Child
and Family Services or of a licensed child-placing agency may certify to United States
Citizenship and Immigration Services that a family meets the preadoption requirements of the
Division of Child and Family Services.
(7) A licensed child-placing agency or an attorney practicing in this state may not place
a child for adoption, either temporarily or permanently, with an individual who would not be
qualified for adoptive placement under Sections 
78B-6-102
, 
78B-6-117
, and 
78B-6-137
.
(8) (a) A child-placing agency, as that term is defined in Section 
63G-20-102
, that
serves a resident of the state who is a birth mother or a prospective adoptive parent must be a
member of a statewide consortium of licensed child-placing agencies that, together, serve all
birth mothers lawfully seeking to place a child for adoption and all qualified prospective
adoptive parents.
(b) The department shall receive and investigate any complaint against a consortium of
licensed child-placing agencies.
Section 3. Section 
63G-20-102
 is amended to read:
63G-20-102.
Definitions.
As used in this chapter:
(1) 
"Child placing" means the same as that term is defined in Section 
62A-2-101
.
(2) "Child-placing agency" means a private person that is engaged in child placing
related to a child who is not in the custody of the state.
(3)
 "Government retaliation" means an action by a state or local government or an
action by a state or local government official that:
(a) is taken in response to a person's exercise of a protection contained in Section
17-20-4
, 
63G-20-201
, 
63G-20-203.5
,
 or 
63G-20-301
; and
(b) (i) imposes a formal penalty on, fines, disciplines, discriminates against, denies the
rights of, denies benefits to, or denies tax-exempt status to a person; or
(ii) subjects a person to an injunction or to an administrative claim or proceeding.
[
(2)
] 
(4)
 (a) "Religious official" means an officer or official of a religion, when acting
as such.
(b) "Religious official" includes an individual designated by the religion as clergy,
minister, priest, pastor, rabbi, imam, bishop, stake president, or sealer, when that individual is
acting as such.
[
(3)
] 
(5)
 "Religious organization" means:
(a) a religious organization, association, educational institution, or society;
(b) a religious corporation sole; or
(c) any corporation or association constituting a wholly owned subsidiary, affiliate, or
agency of any religious organization, association, educational institution, society, or religious
corporation sole.
[
(4)
] 
(6)
 "Sexuality" includes legal sexual conduct, legal sexual expression, sexual
desires, and the status of a person as male or female.
[
(5)
] 
(7)
 "State or local government" means:
(a) a state government entity, agency, or instrumentality; or
(b) a local government entity, agency, or instrumentality.
[
(6)
] 
(8)
 "State or local government official" means an officer, employee, or appointee
of a state or local government.
Section 4. Section 
63G-20-202
 is amended to read:
63G-20-202.
Prohibition on government retaliation.
Notwithstanding any other law, a state or local government or a state or local
government official may not engage in government retaliation against
:
(1)
 an individual, a religious official when acting as such, or a religious organization
for exercising the protections contained in Section 
17-20-4
, 
63G-20-201
, or 
63G-20-301
[
.
]
; or
(2) a child-placing agency for exercising the protections contained in Section
63G-20-203.5
.
Section 5. Section 
63G-20-203.5
 is enacted to read:
 63G-20-203.5.
Child-placing agencies.
(1) As used in this section, "consortium" means a statewide consortium of
child-placing agencies described in Subsection 
62A-2-108.6
(8).
(2) Notwithstanding any other provision of law, a state or local government, a state or
local government official, or another accrediting, certifying, or licensing body, including the
Office of Licensing within the Department of Health and Human Services, may not:
(a) require a consortium-member child-placing agency to perform, assist, counsel,
recommend, consent to, facilitate, or participate in child placing, with a qualified prospective
adoptive parent, that is contrary to the child-placing agency's religious teaching, practices, or
sincerely held beliefs, or the good faith wishes of the birth mother as to the optimal placement
of the child;
(b) deny a consortium-member child-placing agency any grant, contract, or
participation in a government program because the child-placing agency cannot, consistent
with the child-placing agency's religious teaching, practices, or sincerely held beliefs, or
consistent with the good faith wishes of the birth mother as to the optimal placement of the
child, perform, assist, counsel, recommend, consent to, facilitate, or participate in a child
placement with a qualified prospective adoptive parent; or
(c) deny an application for an initial license or accreditation, deny the renewal of a
license or accreditation, or revoke the license or accreditation of a consortium-member
child-placing agency that cannot, consistent with the child-placing agency's religious teaching,
practices, or sincerely held beliefs, or consistent with the good faith wishes of the birth mother
as to the optimal placement of the child, perform, assist, counsel, recommend, consent to,
facilitate, or participate in a child placement with a qualified prospective adoptive parent.
(3) (a) A consortium-member child-placing agency that cannot, consistent with the
child-placing agency's religious teaching, practices, or sincerely held beliefs, or consistent with
the good faith wishes of the birth mother as to the optimal placement of the child, perform,
assist, counsel, recommend, consent to, facilitate, or participate in a child placement with a
qualified prospective adoptive parent, shall refer the individual who is seeking child-placement
services to another child-placing agency in the consortium.
(b) A referral by a child-placing agency under Subsection (3)(a) does not constitute a
determination that a proposed placement is not in the best interest of the child.
(4) The fact that a consortium-member child-placing agency cannot, consistent with the
child-placing agency's religious teaching, practices, or sincerely held beliefs, or consistent with
the good faith wishes of the birth mother as to the optimal placement of the child, perform,
assist, counsel, recommend, consent to, facilitate, or participate in a child placement with a
qualified prospective adoptive parent, may not form the basis for:
(a) the imposition of a civil fine or other adverse administrative action; or
(b) any claim or cause of action under any state or local law.
Section 6. Section 
78B-6-140
 is amended to read:
78B-6-140.
Itemization of fees and expenses -- Reporting.
(1) 
(a)
 Except as provided in Subsection [
(4)
] 
(5)
, before the date that a final decree of
adoption is entered, 
a prospective adoptive parent or, if the child was placed by a child-placing
agency, the person or agency placing the child shall file with the court
 an affidavit regarding
fees and expenses[
, signed by the prospective adoptive parent or parents and the person or
agency placing the child, shall be filed with the court
] 
on a form prescribed by the Judicial
Council in accordance with Subsection (2)
.
(b) An affidavit filed pursuant to Subsection (1)(a) shall be signed by each prospective
adoptive parent and, if the child was placed by a child-placing agency, the person or agency
placing the child.
(c) The court shall review an affidavit filed under this section for completeness and
compliance with the requirements of this section.
(d) The results of the court's review under Subsection (1)(c) shall be noted in the
court's record.
(2) 
(a)
 The 
Judicial Council shall prescribe a uniform form for the
 affidavit described
in Subsection (1)
.
(b) The uniform affidavit form
 shall [
itemize
] 
require itemization of
 the following
items in connection with the adoption:
[
(a)
] 
(i)
 all legal expenses[
, maternity expenses, medical or hospital expenses, and
living expenses
] that have been or will be paid to or on behalf of the preexisting parents of the
child, including the source of payment;
(ii) all maternity expenses that have been or will be paid to or on behalf of the
preexisting parents of the child, including the source of payment;
(iii) all medical or hospital expenses that have been or will be paid to or on behalf of
the preexisting parents of the child, including the source of payment;
(iv) all living expenses that have been or will be paid to or on behalf of the preexisting
parents of the child, including the source of payment;
[
(b)
] 
(v)
 fees paid by the prospective adoptive parent or parents in connection with the
adoption;
[
(c)
] 
(vi)
 all gifts, property, or other items that have been or will be provided to the
preexisting parents, including the source 
and approximate value
 of the gifts, property, or other
items;
[
(d)
] 
(vii)
 all public funds used for any medical or hospital costs in connection with
the:
[
(i)
] 
(A)
 pregnancy;
[
(ii)
] 
(B)
 delivery of the child; or
[
(iii)
] 
(C)
 care of the child; 
and
[
(e) the state of residence of the:
]
[
(i) birth mother or the preexisting parents; and
]
[
(ii) prospective adoptive parent or parents;
]
[
(f)
] 
(viii) if a child-placing agency placed the child:
(A)
 a description of services provided to the prospective adoptive parents or
preexisting parents in connection with the adoption; [
and
]
(B) all expenses associated with matching the prospective adoptive parent or parents
and the birth mother;
(C) all expenses associated with advertising; and
(D) any other agency fees or expenses paid by an adoptive parent that are not itemized
under one of the other categories described in this Subsection (2)(b), including a description of
the reason for the fee or expense.
[
(g) that Section 
76-7-203
 has not been violated.
]
(c) The uniform affidavit form shall require:
(i) a statement of the state of residence of the:
(A) birth mother or the preexisting parents; and
(B) prospective adoptive parent or parents;
(ii) a declaration that Section 
76-7-203
 has not been violated; and
(iii) if the affidavit includes an itemized amount for both of the categories described in
Subsections (2)(b)(iii) and (vii), a statement explaining why certain medical or hospital
expenses were paid by a source other than public funds.
(3) 
(a)
 If a child-placing agency, that is licensed by this state, placed the child, 
the
child-placing agency shall provide
 a copy of the affidavit described in Subsection (1) [
shall be
provided
] to the Office of Licensing within the Department of 
Health and
 Human Services.
(b) Before August 30 of each year, the Office of Licensing within the Department of
Health and Human Services shall provide a written report to the Health and Human Services
Interim Committee and to the Judicial Council regarding the cost of adoptions in the state that
includes:
(i) the total number of affidavits provided to the Office of Licensing during the
previous year; and
(ii) for each of the categories described in Subsection (2)(b):
(A) the average amount disclosed on affidavits submitted during the previous year; and
(B) the range of amounts disclosed on affidavits submitted during the previous year;
(iii) the average total amount disclosed on affidavits submitted during the previous
year;
(iv) the range of total amounts disclosed on affidavits submitted during the previous
year; and
(v) any recommended legislation that may help reduce the cost of adoptions.
(c) The Health and Human Services Interim Committee shall, based on information in
reports provided under Subsection (3)(b) and in consultation with a consortium described in
Subsection 
62A-2-108.6
(8), consider:
(i) what constitutes reasonable fees and expenses related to adoption; and
(ii) the standards that may be used to determine whether fees and expenses related to
adoption are reasonable in a specific case.
(4) The Judicial Council shall make a copy of each report provided by the Office of
Licensing under Subsection (3)(b) available to each court that may be required to review an
affidavit under Subsection (1)(c).
[
(4)
] 
(5)
 This section does not apply if the prospective adoptive parent is the legal
spouse of a preexisting parent.