80-2-801. Definitions.

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 9/1/2022

As used in this part:

(1)"Adoptable child" means a child:

(a)who is in the custody of the division; and

(i)who has permanency goals of adoption; or

(ii)for whom a final plan for pursuing termination of parental rights is approved in accordance with Section 80-3-409 .

(a)"Adoption assistance" means, except as provided in Section 80-2-809 , direct financial subsidies and support to adoptive parents of a child with special needs or whose need or condition has created a barrier that would prevent a successful adoption.

(b)"Adoption assistance" includes state medical assistance, reimbursement of nonrecurring adoption expenses, or monthly subsidies.

(3)"Adoption services" means, except as used in Section 80-2-806 :

(a)placing children for adoption;

(b)subsidizing adoptions under Section 80-2-301 ;

(c)supervising adoption placements until the adoption is finalized by a court;

(d)conducting adoption studies;

(e)preparing adoption reports upon request of the court; and

(f)providing postadoptive placement services, upon request of a family, for the purpose of stabilizing a possible disruptive placement.

(4)"Child who has a special need" means a child who:

(a)cannot or should not be returned to the home of the child's biological parents; and

(i)is five years old or older;

(ii)is under 18 years old with a physical, emotional, or mental disability; or

(iii)is a member of a sibling group placed together for adoption.

(5)"Monthly subsidy" means financial support to assist with the costs of adopting and caring for a child who has a special need.

(6)"Nonrecurring adoption expenses" means reasonably necessary adoption fees, court costs, attorney's fees, and other expenses which are directly related to the legal adoption of a child who has a special need.

(7)"State medical assistance" means the Medicaid program and medical assistance as those terms are defined in Section 26-18-2 .

(8)"Supplemental adoption assistance" means financial support for extraordinary, infrequent, or uncommon documented needs not otherwise covered by a monthly subsidy, state medical assistance, or other public benefits for which a child who has a special need is eligible.

(9)"Vendor services" means services that a person provides under contract with the division.

Renumbered and Amended by Chapter 334 , 2022 General Session