Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 147 First Substitute (2024GS)

Sponsor

Sen. Wilson, C.

Final action

Governor Signed 3/14/2024

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• defines terms;
• allows the Office of Licensing within the Department of Health and Human Services (department) to issue a conditional human services program license for a license applicant whose license was previously revoked;
• requires the department to provide pregnancy support services, subject to available funding;
• amends language concerning appointment of an indigent defense service provider for termination of parental rights proceedings;
• allows a birth parent to elect to receive certain postpartum counseling at the expense of a child-placing agency or prospective adoptive parents;
• amends provisions relating to consent to adoption by an unmarried biological father;
• allows a prospective adoptive parent to use a foster care home study for purposes of adoption;
• modifies when a final decree of adoption may be entered; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

This document includes Senate 2nd Reading Floor Amendments incorporated into the bill on Mon, Feb 5, 2024 at 4:37 PM by lpoole.
ADOPTION REVISIONS
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;
▸ allows the Office of Licensing within the Department of Health and Human
Services (department) to issue a conditional human services program license for a
license applicant whose license was previously revoked;
▸ requires the department to provide pregnancy support services, subject to available
funding;
▸ amends language concerning appointment of an indigent defense service provider
for termination of parental rights proceedings;
▸ allows a birth parent to elect to receive certain postpartum counseling at the expense
of a child-placing agency or prospective adoptive parents;
▸ amends provisions relating to consent to adoption by an unmarried biological father;
▸ allows a prospective adoptive parent to use a foster care home study for purposes of
adoption;
▸ modifies when a final decree of adoption may be entered; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
This bill appropriates in fiscal year 2025:
▸ to Department of Health and Human Services - Children, Youth, & Families -
Family Health as an ongoing appropriation:
• from the General Fund, $245,000
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
26B-2-105
, as renumbered and amended by Laws of Utah 2023, Chapter 305
26B-4-301
, as renumbered and amended by Laws of Utah 2023, Chapter 307 and last
amended by Coordination Clause, Laws of Utah 2023, Chapter 307
78B-6-103
, as last amended by Laws of Utah 2023, Chapter 330
78B-6-112
, as last amended by Laws of Utah 2021, Chapter 262
78B-6-119
, as last amended by Laws of Utah 2009, Chapter 159
78B-6-120
, as last amended by Laws of Utah 2017, Chapter 156
78B-6-121
, as last amended by Laws of Utah 2021, Chapter 262
78B-6-122
, as last amended by Laws of Utah 2023, Chapter 289
78B-6-128
, as last amended by Laws of Utah 2023, Chapter 330
78B-6-136.5
, as last amended by Laws of Utah 2021, Chapter 65
ENACTS:
26B-4-326
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
26B-2-105
 is amended to read:
26B-2-105.
Licensure requirements -- Expiration -- Renewal.
(1) Except as provided in Section 
26B-2-115
, an individual, agency, firm, corporation,
association, or governmental unit acting severally or jointly with any other individual, agency,
firm, corporation, association, or governmental unit may not establish, conduct, or maintain a
human services program in this state without a valid and current license issued by and under
the authority of the office as provided by this part and the rules under the authority of this part.
(2) (a) For purposes of this Subsection (2), "member" means a person or entity that is
associated with another person or entity:
(i) as a member;
(ii) as a partner;
(iii) as a shareholder; or
(iv) as a person or entity involved in the ownership or management of a human
services program owned or managed by the other person or entity.
(b) A license issued under this part may not be assigned or transferred.
(c) [
An
] 
The office shall treat an
 application for a license under this part [
shall be
treated
] as an application for reinstatement of a revoked license if:
(i) (A) the person or entity applying for the license had a license revoked under this
part; and
(B) the revoked license described in Subsection (2)(c)(i)(A) is not reinstated before the
application described in this Subsection (2)(c) is made; or
(ii) a member of an entity applying for the license:
(A) (I) had a license revoked under this part; and
(II) the revoked license described in Subsection (2)(c)(ii)(A)(I) is not reinstated before
the application described in this Subsection (2)(c) is made; or
(B) (I) was a member of an entity that had a license revoked under this part at any time
before the license was revoked; and
(II) the revoked license described in Subsection (2)(c)(ii)(B)(I) is not reinstated before
the application described in this Subsection (2)(c) is made.
(3) (a)
Ŝ→ [
The
] 
Subject to Section 26B-2-110, and after the five-year waiting period
80a 
described in Subsection 26B-2-110(1)(c), the
 ←Ŝ
office may conditionally approve an application
80b 
for reinstatement as
described in Subsection (2)(c), for a maximum of two years, if:
(i) the applicant's license was previously revoked due to repeated or chronic violations;
or
(ii) after the applicant's license was previously revoked, the applicant associated with
another human services program that provides a service that is substantially similar to the
services for which the applicant was previously licensed.
(b) If the office issues a conditional license under Subsection (3)(a), the office shall
prepare a conditional license plan describing the terms and conditions of the conditional
license.
[
(3)
] 
(4)
 A current license shall at all times be posted in the facility where each human
services program is operated, in a place that is visible and readily accessible to the public.
[
(4)
] 
(5)
 (a) Except as provided in Subsection [
(4)(c)
] 
(5)(c)
, each license issued under
this part expires at midnight on the last day of the same month the license was issued, one year
following the date of issuance unless the license has been:
(i) previously revoked by the office;
(ii) voluntarily returned to the office by the licensee; or
(iii) extended by the office.
(b) A license shall be renewed upon application and payment of the applicable fee,
unless the office finds that the licensee:
(i) is not in compliance with the:
(A) provisions of this part; or
(B) rules made under this part;
(ii) has engaged in a pattern of noncompliance with the:
(A) provisions of this part; or
(B) rules made under this part;
(iii) has engaged in conduct that is grounds for denying a license under Section
26B-2-112
; or
(iv) has engaged in conduct that poses a substantial risk of harm to any person.
(c) The office may issue a renewal license that expires at midnight on the last day of
the same month the license was issued, two years following the date of issuance, if:
(i) the licensee has maintained a human services license for at least 24 months before
the day on which the licensee applies for the renewal; and
(ii) the licensee has not violated this part or a rule made under this part.
[
(5)
] 
(6)
 Any licensee that is in operation at the time rules are made in accordance with
this part shall be given a reasonable time for compliance as determined by the rule.
[
(6)
] 
(7)
 (a) A license for a human services program issued under this section shall
apply to a specific human services program site.
(b) A human services program shall obtain a separate license for each site where the
human services program is operated.
Section 2. Section 
26B-4-301
 is amended to read:
26B-4-301.
Definitions.
As used in this part:
(1) "Committee" means the Primary Care Grant Committee described in Section
26B-1-410
.
(2) "Community based organization":
(a) means a private entity; and
(b) includes for profit and not for profit entities.
(3) "Cultural competence" means a set of congruent behaviors, attitudes, and policies
that come together in a system, agency, or profession and enables that system, agency, or
profession to work effectively in cross-cultural situations.
(4) "Emergency medical dispatch center" means a public safety answering point, as
defined in Section 
63H-7a-103
, that is designated as an emergency medical dispatch center by
the office.
(5) "Health literacy" means the degree to which an individual has the capacity to
obtain, process, and understand health information and services needed to make appropriate
health decisions.
(6) "Institutional capacity" means the ability of a community based organization to
implement public and private contracts.
(7) "Medically underserved population" means the population of an urban or rural area
or a population group that the committee determines has a shortage of primary health care.
(8) "Office" means the Office of Emergency Medical Services and Preparedness within
the department.
(9) "Pregnancy support services" means services that:
(a) encourage childbirth instead of voluntary termination of pregnancy; and
(b) assist pregnant women, or women who may become pregnant, to choose childbirth
whether they intend to parent or select adoption for the child.
[
(9)
] 
(10)
 "Primary care grant" means a grant awarded by the department under
Subsection 
26B-4-310
(1).
[
(10)
] 
(11)
 (a) "Primary health care" means:
(i) basic and general health care services given when a person seeks assistance to
screen for or to prevent illness and disease, or for simple and common illnesses and injuries;
and
(ii) care given for the management of chronic diseases.
(b) "Primary health care" includes:
(i) services of physicians, nurses, physician's assistants, and dentists licensed to
practice in this state under Title 58, Occupations and Professions;
(ii) diagnostic and radiologic services;
(iii) preventive health services including perinatal services, well-child services, and
other services that seek to prevent disease or its consequences;
(iv) emergency medical services;
(v) preventive dental services; and
(vi) pharmaceutical services.
Section 3. Section 
26B-4-326
 is enacted to read:
 26B-4-326.
Pregnancy support services.
The department shall, as funding permits and either directly or through one or more
third parties, provide pregnancy support services, which may include:
(1) medical care and information, including pregnancy tests, sexually transmitted
infection tests, pregnancy-related health screenings, ultrasound services, prenatal care, or birth
planning and classes;
(2) nutritional services and education;
(3) housing, education, and employment assistance during pregnancy and up to one
year following a birth;
(4) adoption education, planning, and services;
(5) child care assistance, if necessary for the client to receive pregnancy support
services;
(6) parenting education and support services for up to one year following a birth;
(7) material items that are supportive of pregnancy and childbirth, including cribs, car
seats, clothing, formula, and other safety devices; or
(8) information regarding health care benefits, including Medicaid coverage for the
client for pregnancy care that provides health coverage for the client's child upon birth.
Section 4. Section 
78B-6-103
 is amended to read:
78B-6-103.
Definitions.
As used in this part:
(1) "Adoptee" means a person who:
(a) is the subject of an adoption proceeding; or
(b) has been legally adopted.
(2) "Adoption" means the judicial act that:
(a) creates the relationship of parent and child where it did not previously exist; and
(b) except as provided in Subsections 
78B-6-138
(2) and (4), terminates the parental
rights of any other person with respect to the child.
(3) "Adoption document" means an adoption-related document filed with the office, a
petition for adoption, a decree of adoption, an original birth certificate, or evidence submitted
in support of a supplementary birth certificate.
(4) 
"Adoption proceeding" means any proceeding under this part.
(5)
 "Adoption service provider" means:
(a) a child-placing agency;
(b) a licensed counselor who has at least one year of experience providing professional
social work services to:
(i) adoptive parents;
(ii) prospective adoptive parents; or
(iii) birth parents; or
(c) the Office of Licensing within the Department of Health and Human Services.
[
(5)
] 
(6)
 "Adoptive parent" means an individual who has legally adopted an adoptee.
[
(6)
] 
(7)
 "Adult" means an individual who is 18 years [
of age
] 
old
 or older.
[
(7)
] 
(8)
 "Adult adoptee" means an adoptee who is 18 years [
of age
] 
old
 or older and
was adopted as a minor.
[
(8)
] 
(9)
 "Adult sibling" means an adoptee's brother or sister, who is 18 years [
of age
]
old
 or older and whose birth mother or father is the same as that of the adoptee.
[
(9)
] 
(10)
 "Birth mother" means the biological mother of a child.
[
(10)
] 
(11)
 "Birth parent" means:
(a) a birth mother;
(b) a man whose paternity of a child is established;
(c) a man who:
(i) has been identified as the father of a child by the child's birth mother; and
(ii) has not denied paternity; or
(d) an unmarried biological father.
[
(11)
] 
(12)
 "Child-placing agency" means an agency licensed to place children for
adoption under Title 26B, Chapter 2, Part 1, Human Services Programs and Facilities.
[
(12)
] 
(13)
 "Cohabiting" means residing with another person and being involved in a
sexual relationship with that person.
[
(13)
] 
(14)
 "Division" means the Division of Child and Family Services, within the
Department of Health and Human Services, created in Section 
80-2-201
.
[
(14)
] 
(15)
 "Extra-jurisdictional child-placing agency" means an agency licensed to
place children for adoption by a district, territory, or state of the United States, other than Utah.
[
(15)
] 
(16)
 "Genetic and social history" means a comprehensive report, when
obtainable, that contains the following information on an adoptee's birth parents, aunts, uncles,
and grandparents:
(a) medical history;
(b) health status;
(c) cause of and age at death;
(d) height, weight, and eye and hair color;
(e) ethnic origins;
(f) where appropriate, levels of education and professional achievement; and
(g) religion, if any.
[
(16)
] 
(17)
 "Health history" means a comprehensive report of the adoptee's health
status at the time of placement for adoption, and medical history, including neonatal,
psychological, physiological, and medical care history.
[
(17)
] 
(18)
 "Identifying information" means information that is in the possession of the
office and that contains the name and address of a pre-existing parent or an adult adoptee, or
other specific information that by itself or in reasonable conjunction with other information
may be used to identify a pre-existing parent or an adult adoptee, including information on a
birth certificate or in an adoption document.
[
(18)
] 
(19)
 "Licensed counselor" means an individual who is licensed by the state, or
another state, district, or territory of the United States as a:
(a) certified social worker;
(b) clinical social worker;
(c) psychologist;
(d) marriage and family therapist;
(e) clinical mental health counselor; or
(f) an equivalent licensed professional of another state, district, or territory of the
United States.
[
(19)
] 
(20)
 "Man" means a male individual, regardless of age.
[
(20)
] 
(21)
 "Mature adoptee" means an adoptee who is adopted when the adoptee is an
adult.
[
(21)
] 
(22)
 "Office" means the Office of Vital Records and Statistics within the
Department of Health and Human Services operating under Title 26B, Chapter 8, Part 1, Vital
Statistics.
[
(22)
] 
(23)
 "Parent," for purposes of 
Subsection 
78B-6-112
(6) and
 Section 
78B-6-119
,
means any person described in Subsections 
78B-6-120
(1)(b) through (f) from whom consent
for adoption or relinquishment for adoption is required under Sections 
78B-6-120
 through
78B-6-122
.
[
(23)
] 
(24)
 "Potential birth father" means a man who:
(a) is identified by a birth mother as a potential biological father of the birth mother's
child, but whose genetic paternity has not been established; and
(b) was not married to the biological mother of the child described in Subsection
[
(23)(a)
] 
(24)(a)
 at the time of the child's conception or birth.
[
(24)
] 
(25)
 "Pre-existing parent" means:
(a) a birth parent; or
(b) an individual who, before an adoption decree is entered, is, due to an earlier
adoption decree, legally the parent of the child being adopted.
[
(25)
] 
(26)
 "Prospective adoptive parent" means an individual who seeks to adopt an
adoptee.
[
(26)
] 
(27)
 "Relative" means:
(a) an adult who is a grandparent, great grandparent, aunt, great aunt, uncle, great
uncle, brother-in-law, sister-in-law, stepparent, first cousin, stepsibling, sibling of a child, or
first cousin of a child's parent; and
(b) in the case of a child defined as an "Indian child" under the Indian Child Welfare
Act, 25 U.S.C. Sec. 1903, an "extended family member" as defined by that statute.
[
(27)
] 
(28)
 "Unmarried biological father" means a man who:
(a) is the biological father of a child; and
(b) was not married to the biological mother of the child described in Subsection
[
(27)(a)
] 
(28)(a)
 at the time of the child's conception or birth.
Section 5. Section 
78B-6-112
 is amended to read:
78B-6-112.
District court jurisdiction over termination of parental rights
proceedings.
(1) A district court has jurisdiction to terminate parental rights in a child if the party
that filed the petition is seeking to terminate parental rights in the child for the purpose of
facilitating the adoption of the child.
(2) A petition to terminate parental rights under this section may be:
(a) joined with a proceeding on an adoption petition; or
(b) filed as a separate proceeding before or after a petition to adopt the child is filed.
(3) A court may enter a final order terminating parental rights before a final decree of
adoption is entered.
(4) (a) Nothing in this section limits the jurisdiction of a juvenile court relating to
proceedings to terminate parental rights as described in Section 
78A-6-103
.
(b) This section does not grant jurisdiction to a district court to terminate parental
rights in a child if the child is under the jurisdiction of the juvenile court in a pending abuse,
neglect, dependency, or termination of parental rights proceeding.
(5) The district court may terminate an individual's parental rights in a child if:
(a) the individual executes a voluntary consent to adoption, or relinquishment for
adoption, of the child, in accordance with:
(i) the requirements of this chapter; or
(ii) the laws of another state or country, if the consent is valid and irrevocable;
(b) the individual is an unmarried biological father who is not entitled to consent to
adoption, or relinquishment for adoption, under Section 
78B-6-120
 or 
78B-6-121
;
(c) the individual:
(i) received notice of the adoption proceeding relating to the child under Section
78B-6-110
; and
(ii) failed to file a motion for relief, under Subsection 
78B-6-110
(6), within 30 days
after the day on which the individual was served with notice of the adoption proceeding;
(d) the court finds, under Section 
78B-15-607
, that the individual is not a parent of the
child; or
(e) the individual's parental rights are terminated on grounds described in Title 80,
Chapter 4, Termination and Restoration of Parental Rights, and termination is in the best
interests of the child.
(6) The court shall appoint an indigent defense service provider in accordance with
Title 78B, Chapter 22, Indigent Defense Act, to represent [
an individual
] 
a parent
 who faces
any action initiated by a private party under Title 80, Chapter 4, Termination and Restoration of
Parental Rights, or whose parental rights are subject to termination under this section.
(7) If a county incurs expenses in providing indigent defense services to an indigent
individual facing any action initiated by a private party under Title 80, Chapter 4, Termination
and Restoration of Parental Rights, or termination of parental rights under this section, the
county may apply for reimbursement from the Utah Indigent Defense Commission in
accordance with Section 
78B-22-406
.
(8) A petition filed under this section is subject to the procedural requirements of this
chapter.
Section 6. Section 
78B-6-119
 is amended to read:
78B-6-119.
Counseling for parents.
(1) Subject to Subsection (2)(a), before relinquishing a child to a child-placing agency,
or consenting to the adoption of a child, a parent of the child has the right to participate in
, or
elect to participate in,
 counseling:
(a) by a licensed counselor or an adoption service provider selected by the parent
participating in the counseling;
(b) for up to three sessions of at least 50 minutes per session 
completed prior to
relinquishing a child or within three months following the relinquishment of a child
; and
(c) subject to Subsection (2)(b), at the expense of the:
(i) child-placing agency; or
(ii) prospective adoptive parents.
(2) (a) Notwithstanding Subsection (1), a parent who has the right to participate in the
counseling described in this section may waive that right.
(b) Notwithstanding Subsection (1)(c), the total amount required to be paid by a
child-placing agency or the prospective adoptive parents for the counseling described in
Subsection (1) may not exceed $400, unless an agreement for a greater amount is signed by:
(i) the parent who receives the counseling; and
(ii) the child-placing agency or prospective adoptive parents.
(3) Before a parent relinquishes a child to a child-placing agency, or consents to the
adoption of a child, the parent shall be informed of the right described in Subsection (1) by the:
(a) child-placing agency;
(b) prospective adoptive parents; or
(c) representative of a person described in Subsection (3)(a) or (b).
(4) If the parent who is entitled to the counseling as described in Subsection (1) elects
to attend one or more counseling sessions following the relinquishment of a child:
(a) the parent of the child shall inform the child-placing agency or prospective adoptive
parents of this election prior to relinquishing the child to a child-placing agency or consenting
to the adoption of the child; and
(b) the parent of the child and the child-placing agency or attorney representing a
prospective adoptive parent of the child shall enter into an agreement to pay for the counseling
in accordance with this section.
[
(4)
] 
(5)
 (a) Subject to Subsections [
(4)(b)
] 
(3)(b)
 and (c), before the day on which a
final decree of adoption is entered, a statement shall be filed with the court that:
(i) is signed by each parent who:
(A) relinquishes the parent's parental rights; or
(B) consents to the adoption; and
(ii) states that, before the parent took the action described in Subsection [
(4)(a)(i)(A)
]
(5)(a)(i)(A)
 or (B), the parent was advised of the parent's right to participate in the counseling
described in this section at the expense of the:
(A) child-placing agency; or
(B) prospective adoptive parents.
(b) The statement described in Subsection [
(4)(a)
] 
(5)(a)
 may be included in the
document that:
(i) relinquishes the parent's parental rights; or
(ii) consents to the adoption.
(c) Failure by a person to give the notice described in Subsection (3), or pay for the
counseling described in this section:
(i) shall not constitute grounds for invalidating a:
(A) relinquishment of parental rights; or
(B) consent to adoption; and
(ii) shall give rise to a cause of action for the recovery of damages suffered, if any, by
the parent or guardian who took the action described in Subsection [
(4)(c)(i)(A)
] 
(5)(c)(i)(A)
 or
(B) against the person required to:
(A) give the notice described in Subsection (3); or
(B) pay for the counseling described in this section.
Section 7. Section 
78B-6-120
 is amended to read:
78B-6-120.
Necessary consent to adoption or relinquishment for adoption.
(1) Except as provided in Subsection (2), consent to adoption of a child, or
relinquishment of a child for adoption, is required from:
(a) the adoptee, if the adoptee is more than 12 years [
of age
] 
old
, unless the adoptee
does not have the mental capacity to consent;
(b) a man or woman who:
(i) by operation of law under Section 
78B-15-204
, is recognized as the father or mother
of the proposed adoptee, unless:
(A) the presumption is rebutted under Section 
78B-15-607
; [
or
]
(B) at the time of the marriage, the man or woman knew or reasonably should have
known that the marriage to the mother of the proposed adoptee was or could be declared
invalid; or
[
(B)
] 
(C)
 the man or woman was not married to the mother of the proposed adoptee
until after the mother consented to adoption, or relinquishment for adoption, of the proposed
adoptee; or
(ii) is the father of the adoptee by a previous legal adoption;
(c) the mother of the adoptee;
(d) a biological parent who has been adjudicated to be the child's biological father by a
court of competent jurisdiction prior to the mother's execution of consent to adoption or her
relinquishment of the child for adoption;
(e) consistent with Subsection (3), a biological parent who has executed and filed a
voluntary declaration of paternity with the state registrar of vital statistics within the
Department of Health in accordance with Title 78B, Chapter 15, Utah Uniform Parentage Act,
prior to the mother's execution of consent to adoption or her relinquishment of the child for
adoption;
(f) an unmarried biological father, of an adoptee, whose consent is not required under
Subsection (1)(d) or (1)(e), only if he fully and strictly complies with the requirements of
Sections 
78B-6-121
 and 
78B-6-122
; and
(g) the person or agency to whom an adoptee has been relinquished and that is placing
the child for adoption.
(2) (a) The consent of a person described in Subsections (1)(b) through (g) is not
required if the adoptee is 18 years [
of age
] 
old
 or older.
(b) The consent of a person described in Subsections (1)(b) through (f) is not required
if the person's parental rights relating to the adoptee have been terminated.
(3) For purposes of Subsection (1)(e), a voluntary declaration of paternity is considered
filed when it is entered into a database that:
(a) can be accessed by the Department of Health 
and Human Services
; and
(b) is designated by the state registrar of vital statistics as the official database for
voluntary declarations of paternity.
Section 8. Section 
78B-6-121
 is amended to read:
78B-6-121.
Consent of unmarried biological father.
(1) Except as provided in Subsections (2)(a) and 
78B-6-122
(1), and subject to
Subsections (5) and (6), with regard to a child who is placed with prospective adoptive parents
more than six months after birth, consent of an unmarried biological father is not required
unless the unmarried biological father:
(a) (i) developed a substantial relationship with the child by:
(A) visiting the child monthly, unless the unmarried biological father was physically or
financially unable to visit the child on a monthly basis; or
(B) engaging in regular communication with the child or with the person or authorized
agency that has lawful custody of the child;
(ii) took some measure of responsibility for the child and the child's future; and
(iii) demonstrated a full commitment to the responsibilities of parenthood by financial
support of the child of a fair and reasonable sum in accordance with the father's ability; or
(b) (i) openly lived with the child:
(A) (I) 
if the child is one year old or older,
 for a period of at least six months during the
one-year period immediately preceding the day on which the child is placed with prospective
adoptive parents; or
(II) if the child is less than one year old, for a period of at least six months during the
period of time beginning on the day on which the child is born and ending on the day on which
the child is placed with prospective adoptive parents; and
(B) immediately preceding placement of the child with prospective adoptive parents;
and
(ii) openly held himself out to be the father of the child during the six-month period
described in Subsection (1)(b)(i)(A).
(2) (a) If an unmarried biological father was prevented from complying with a
requirement of Subsection (1) by the person or authorized agency having lawful custody of the
child, the unmarried biological father is not required to comply with that requirement.
(b) The subjective intent of an unmarried biological father, whether expressed or
otherwise, that is unsupported by evidence that the requirements in Subsection (1) have been
met, shall not preclude a determination that the father failed to meet the requirements of
Subsection (1).
(3) Except as provided in Subsections (6) and 
78B-6-122
(1), and subject to Subsection
(5), with regard to a child who is six months old or less at the time the child is placed with
prospective adoptive parents, consent of an unmarried biological father is not required unless,
prior to the time the mother executes her consent for adoption or relinquishes the child for
adoption, the unmarried biological father:
(a) initiates proceedings in a district court of Utah to establish paternity under Title
78B, Chapter 15, Utah Uniform Parentage Act;
(b) files with the court that is presiding over the paternity proceeding a sworn affidavit:
(i) stating that he is fully able and willing to have full custody of the child;
(ii) setting forth his plans for care of the child; and
(iii) agreeing to a court order of child support and the payment of expenses incurred in
connection with the mother's pregnancy and the child's birth;
(c) consistent with Subsection (4), files notice of the commencement of paternity
proceedings, described in Subsection (3)(a), with the state registrar of vital statistics within the
Department of Health 
and Human Services
, in a confidential registry established by the
department for that purpose; and
(d) offered to pay and paid, during the pregnancy and after the child's birth, a fair and
reasonable amount of the expenses incurred in connection with the mother's pregnancy and the
child's birth, in accordance with his financial ability, unless:
(i) he did not have actual knowledge of the pregnancy;
(ii) he was prevented from paying the expenses by the person or authorized agency
having lawful custody of the child; or
(iii) the mother refused to accept the unmarried biological father's offer to pay the
expenses described in this Subsection (3)(d).
(4) (a) The notice described in Subsection (3)(c) is considered filed when received by
the state registrar of vital statistics.
(b) If the unmarried biological father fully complies with the requirements of
Subsection (3), and an adoption of the child is not completed, the unmarried biological father
shall, without any order of the court, be legally obligated for a reasonable amount of child
support, pregnancy expenses, and child birth expenses, in accordance with his financial ability.
(5) Unless his ability to assert the right to consent has been lost for failure to comply
with Section 
78B-6-110.1
, or lost under another provision of Utah law, an unmarried biological
father shall have at least one business day after the child's birth to fully and strictly comply with
the requirements of Subsection (3).
(6) Consent of an unmarried biological father is not required under this section if:
(a) the court determines, in accordance with the requirements and procedures of Title
80, Chapter 4, Termination and Restoration of Parental Rights, that the unmarried biological
father's rights should be terminated, based on the petition of any interested party;
(b) (i) a declaration of paternity declaring the unmarried biological father to be the
father of the child is rescinded under Section 
78B-15-306
; and
(ii) the unmarried biological father fails to comply with Subsection (3) within 10
business days after the day that notice of the rescission described in Subsection (6)(b)(i) is
mailed by the Office of Vital Records within the Department of Health 
and Human Services
 as
provided in Section 
78B-15-306
; or
(c) the unmarried biological father is notified under Section 
78B-6-110.1
 and fails to
preserve his rights in accordance with the requirements of that section.
(7) Unless the adoptee is conceived or born within a marriage, the petitioner in an
adoption proceeding shall, prior to entrance of a final decree of adoption, file with the court a
certificate from the state registrar of vital statistics within the Department of Health 
and Human
Services
, stating:
(a) that a diligent search has been made of the registry of notices from unmarried
biological fathers described in Subsection (3)(d); and
(b) (i) that no filing has been found pertaining to the father of the child in question; or
(ii) if a filing is found, the name of the putative father and the time and date of filing.
Section 9. Section 
78B-6-122
 is amended to read:
78B-6-122.
Qualifying circumstance.
(1) (a) For purposes of this section, "qualifying circumstance" means that, at any point
during the time period beginning at the conception of the child and ending at the time the
mother executed a consent to adoption or relinquishment of the child for adoption:
(i) the child or the child's mother resided on a permanent basis, or a temporary basis of
no less than 30 consecutive days, in the state;
(ii) the mother intended to give birth to the child in the state;
(iii) the child was born in the state; or
(iv) the mother intended to execute a consent to adoption or relinquishment of the child
for adoption:
(A) in the state; or
(B) under the laws of the state.
(b) For purposes of Subsection (1)(c)(i)(C) only, when determining whether an
unmarried biological father has demonstrated a full commitment to his parental
responsibilities, a court shall consider the totality of the circumstances, including, if applicable:
(i) efforts he has taken to discover the location of the child or the child's mother;
(ii) whether he has expressed and demonstrated an interest in taking responsibility for
the child;
(iii) whether, and to what extent, he has developed, or attempted to develop, a
relationship with the child;
(iv) whether he offered to provide and, unless the offer was rejected, did provide,
financial support for the child or the child's mother;
(v) whether, and to what extent, he has communicated, or attempted to communicate,
with the child or the child's mother;
(vi) whether he has timely filed legal proceedings to establish his paternity of, and take
responsibility for, the child;
(vii) whether he has timely filed a notice with a public official or agency relating to:
(A) his paternity of the child; or
(B) legal proceedings to establish his paternity of the child; or
(viii) other evidence that shows whether he has demonstrated a full commitment to his
parental responsibilities.
(c) Notwithstanding the provisions of Section 
78B-6-121
, the consent of an unmarried
biological father is required with respect to an adoptee who is under the age of 18 if:
(i) (A) the unmarried biological father did not know, and through the exercise of
reasonable diligence could not have known, before the time the mother executed a consent to
adoption or relinquishment of the child for adoption, that a qualifying circumstance existed;
(B) before the mother executed a consent to adoption or relinquishment of the child for
adoption, the unmarried biological father fully complied with the requirements to establish
parental rights 
and duties
 in the child, and to preserve the right to notice of a proceeding in
connection with the adoption of the child, imposed by:
(I) the last state where the unmarried biological father knew, or through the exercise of
reasonable diligence should have known, that the mother resided in before the mother executed
the consent to adoption or relinquishment of the child for adoption; or
(II) the state where the child was conceived; and
(C) the unmarried biological father has demonstrated, based on the totality of the
circumstances, a full commitment to his parental responsibilities, as described in Subsection
(1)(b); or
(ii) (A) the unmarried biological father knew, or through the exercise of reasonable
diligence should have known, before the time the mother executed a consent to adoption or
relinquishment of the child for adoption, that a qualifying circumstance existed; and
(B) the unmarried biological father complied with the requirements of Section
78B-6-121
 before the later of:
(I) 20 days after the day that the unmarried biological father knew, or through the
exercise of reasonable diligence should have known, that a qualifying circumstance existed; or
(II) the time that the mother executed a consent to adoption or relinquishment of the
child for adoption.
(2) An unmarried biological father who does not fully and strictly comply with the
requirements of Section 
78B-6-121
 and this section is considered to have waived and
surrendered any right in relation to the child, including the right to:
(a) notice of any judicial proceeding in connection with the adoption of the child; and
(b) consent, or refuse to consent, to the adoption of the child.
Section 10. Section 
78B-6-128
 is amended to read:
78B-6-128.
Preplacement adoptive evaluations -- Exceptions.
(1) (a) Except as otherwise provided in this section, a child may not be placed in an
adoptive home until a preplacement adoptive evaluation, assessing the prospective adoptive
parent and the prospective adoptive home, has been conducted in accordance with the
requirements of this section.
(b) Except as provided in Section 
78B-6-131
, the court may, at any time, authorize
temporary placement of a child in a prospective adoptive home pending completion of a
preplacement adoptive evaluation described in this section.
(c) (i) Subsection (1)(a) does not apply if a pre-existing parent has legal custody of the
child to be adopted and the prospective adoptive parent is related to that child or the
pre-existing parent as a stepparent, sibling by half or whole blood or by adoption, grandparent,
aunt, uncle, or first cousin, unless the court otherwise requests the preplacement adoption.
(ii) The prospective adoptive parent described in this Subsection (1)(c) shall obtain the
information described in Subsections (2)(a) and (b), and file that documentation with the court
prior to finalization of the adoption.
(d) (i) The preplacement adoptive evaluation shall be completed or updated within the
12-month period immediately preceding the placement of a child with the prospective adoptive
parent.
(ii) If the prospective adoptive parent has previously received custody of a child for the
purpose of adoption, the preplacement adoptive evaluation shall be completed or updated
within the 12-month period immediately preceding the placement of a child with the
prospective adoptive parent and after the placement of the previous child with the prospective
adoptive parent.
(2) The preplacement adoptive evaluation shall include:
(a) a criminal history background check regarding each prospective adoptive parent
and any other adult living in the prospective home, prepared no earlier than 18 months
immediately preceding placement of the child in accordance with the following:
(i) if the child is in state custody, each prospective adoptive parent and any other adult
living in the prospective home shall submit fingerprints to the Department of Health and
Human Services, which shall perform a criminal history background check in accordance with
Section 
26B-2-120
; or
(ii) subject to Subsection (3), if the child is not in state custody, an adoption service
provider or an attorney representing a prospective adoptive parent shall submit fingerprints
from the prospective adoptive parent and any other adult living in the prospective home to the
Criminal and Technical Services Division of Public Safety for a regional and nationwide
background check, to the Office of [
Licensing
] 
Background Processing
 within the Department
of Health and Human Services for a background check in accordance with Section 
26B-2-120
,
or to the Federal Bureau of Investigation;
(b) a report containing all information regarding reports and investigations of child
abuse, neglect, and dependency, with respect to each prospective adoptive parent and any other
adult living in the prospective home, obtained no earlier than 18 months immediately preceding
the day on which the child is placed in the prospective home, pursuant to waivers executed by
each prospective adoptive parent and any other adult living in the prospective home, that:
(i) if the prospective adoptive parent or the adult living in the prospective adoptive
parent's home is a resident of Utah, is prepared by the Department of Health and Human
Services from the records of the Department of Health and Human Services; or
(ii) if the prospective adoptive parent or the adult living in the prospective adoptive
parent's home is not a resident of Utah, prepared by the Department of Health and Human
Services, or a similar agency in another state, district, or territory of the United States, where
each prospective adoptive parent and any other adult living in the prospective home resided in
the five years immediately preceding the day on which the child is placed in the prospective
adoptive home;
(c) in accordance with Subsection (6), a home study conducted by an adoption service
provider that is:
(i) an expert in family relations approved by the court;
(ii) a certified social worker;
(iii) a clinical social worker;
(iv) a marriage and family therapist;
(v) a psychologist;
(vi) a social service worker, if supervised by a certified or clinical social worker;
(vii) a clinical mental health counselor; or
(viii) an Office of Licensing employee within the Department of Health and Human
Services who is trained to perform a home study; and
(d) in accordance with Subsection (7), if the child to be adopted is a child who is in the
custody of any public child welfare agency, and is a child who has a special need as defined in
Section 
80-2-801
, the preplacement adoptive evaluation shall be conducted by the Department
of Health and Human Services or a child-placing agency that has entered into a contract with
the department to conduct the preplacement adoptive evaluations for children with special
needs.
(3) For purposes of Subsection (2)(a)(ii), subject to Subsection (4), the criminal history
background check described in Subsection (2)(a)(ii) shall be submitted in a manner acceptable
to the court that will:
(a) preserve the chain of custody of the results; and
(b) not permit tampering with the results by a prospective adoptive parent or other
interested party.
(4) In order to comply with Subsection (3), the manner in which the criminal history
background check is submitted shall be approved by the court.
(5) Except as provided in Subsection 
78B-6-131
(2), in addition to the other
requirements of this section, before a child in state custody is placed with a prospective foster
parent or a prospective adoptive parent, the Department of Health and Human Services shall
comply with Section 
78B-6-131
.
(6) (a) An individual described in Subsections (2)(c)(i) through (vii) shall be licensed
to practice under the laws of:
(i) this state; or
(ii) the state, district, or territory of the United States where the prospective adoptive
parent or other person living in the prospective adoptive home resides.
(b) Neither the Department of Health and Human Services nor any of the department's
divisions may proscribe who qualifies as an expert in family relations or who may conduct a
home study under Subsection (2)(c).
(c) The home study described in Subsection (2)(c) shall be a written document that
contains the following:
(i) a recommendation to the court regarding the suitability of the prospective adoptive
parent for placement of a child;
(ii) a description of in-person interviews with the prospective adoptive parent, the
prospective adoptive parent's children, and other individuals living in the home;
(iii) a description of character and suitability references from at least two individuals
who are not related to the prospective adoptive parent and with at least one individual who is
related to the prospective adoptive parent;
(iv) a medical history and a doctor's report, based upon a doctor's physical examination
of the prospective adoptive parent, made within two years before the date of the application;
and
(v) a description of an inspection of the home to determine whether sufficient space
and facilities exist to meet the needs of the child and whether basic health and safety standards
are maintained.
(7) Any fee assessed by the evaluating agency described in Subsection (2)(d) is the
responsibility of the adopting parent.
(8) The person conducting the preplacement adoptive evaluation shall, in connection
with the preplacement adoptive evaluation, provide the prospective adoptive parent with
literature approved by the Division of Child and Family Services relating to adoption, including
information relating to:
(a) the adoption process;
(b) developmental issues that may require early intervention; and
(c) community resources that are available to the prospective adoptive parent.
(9) A copy of the preplacement adoptive evaluation shall be filed with the court.
(10) A home study completed for the purposes of foster care licensing in accordance
with Title 80, Chapter 2, Part 3, Division Responsibilities, shall be accepted by the court for a
proceeding under this part.
Section 11. Section 
78B-6-136.5
 is amended to read:
78B-6-136.5.
Timing of entry of final decree of adoption -- Posthumous adoption.
(1) Except as provided in Subsection (2), a final decree of adoption may not be entered
until the earlier of:
(a) when the child has lived in the home of the prospective adoptive parent for [
six
]
three
 months; or
(b) when the child has been placed for adoption with the prospective adoptive parent
for [
six
] 
three
 months.
(2) (a) If the prospective adoptive parent is the spouse of the preexisting parent, a final
decree of adoption may not be entered until the child has lived in the home of that prospective
adoptive parent for [
one year
] 
six months
, unless, based on a finding of good cause, the court
orders that the final decree of adoption may be entered at an earlier time.
(b) The court may, based on a finding of good cause, order that the final decree of
adoption be entered at [
an earlier
] 
a later
 time than described in Subsection (1).
(3) The court has authority to enter a final decree of adoption after a child's death upon
the request of the prospective adoptive parent or parents of the child if:
(a) the child dies during the time that the child is placed in the home of a prospective
adoptive parent or parents for the purpose of adoption; or
(b) the prospective adoptive parent is the spouse of a preexisting parent of the child and
the child lived with the prospective adoptive parent before the child's death.
(4) The court may enter a final decree of adoption declaring that a child is adopted by:
(a) both a deceased and a surviving adoptive parent if after the child is placed in the
home of the child's prospective adoptive parents:
(i) one of the prospective adoptive parents dies;
(ii) the surviving prospective adoptive parent requests that the court enter the decree;
and
(iii) the decree is entered after the child has lived in the home of the surviving
prospective adoptive parent for at least [
six
] 
three
 months; or
(b) a spouse of a preexisting parent if after the child has lived with the spouse of the
preexisting parent:
(i) the preexisting parent, or the spouse of the preexisting parent, dies;
(ii) the preexisting parent, or the spouse of the preexisting parent, requests that the
court enter the decree; and
(iii) the child has lived in the same home as the spouse of the preexisting parent for at
least [
one year
] 
six months
.
(5) Upon request of a surviving preexisting parent, or a surviving parent for whom
adoption of a child has been finalized, the court may enter a final decree of adoption declaring
that a child is adopted by a deceased adoptive parent who was the spouse of the surviving
parent at the time of the prospective adoptive parent's death.
(6) The court may enter a final decree of adoption declaring that a child is adopted by
both deceased prospective adoptive parents if:
(a) both of the prospective adoptive parents die after the child is placed in the
prospective adoptive parents' home; and
(b) it is in the best interests of the child to enter the decree.
(7) Nothing in this section shall be construed to grant any rights to the preexisting
parents of a child to assert any interest in the child during the [
six
] 
three
-month or [
one-year
]
six-month
 periods described in this section.
Section 12. 
FY 2025 Appropriation.
The following sums of money are appropriated for the fiscal year beginning July 1,
2024, and ending June 30, 2025. These are additions to amounts previously appropriated for
fiscal year 2025.
Subsection 12(a). 
Operating and Capital Budgets.
Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures Act, the
Legislature appropriates the following sums of money from the funds or accounts indicated for
the use and support of the government of the state of Utah.
ITEM 1
 To Department of Health and Human Services - Children, Youth, & Families
From General Fund
$245,000
Schedule of Programs:
Family Health
$245,000
The Legislature intends that the Department of Health and Human Services use the
appropriation under this item to provide pregnancy support services in accordance with Section
26B-4-326
.
Section 13. 
Effective date.
This bill takes effect on May 1, 2024.