81-13-402. Placement of an adoptee in custody of state -- Priority placement.

703 words·~3 min read·/ut/title-81/chapter-13/81-13-402

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

Effective 9/1/2025

(1)To provide a minor child, who is in the legal custody of the division, with the most beneficial family structure when the minor child is placed for adoption, the division or child-placing agency shall place the minor child with a married couple, unless:

(a)there are no qualified married couples who:

(i)have applied to adopt a minor child;

(ii)are willing to adopt the minor child; and

(iii)are an appropriate placement for the minor child;

(b)the minor child is placed with a relative of the minor child;

(c)the minor child is placed with an individual who has already developed a substantial relationship with the minor child;

(d)the minor child is placed with an individual who:

(i)is selected by a birth parent of the minor child, or a parent whose parental rights to the minor child have been terminated, if the parent consented to the adoption of the minor child; and

(ii)the parent described in Subsection (1)(d)(i):

(A)knew the individual with whom the minor child is placed before the parent consented to the adoption; or

(B)became aware of the individual with whom the minor child is placed through a source other than the division or the child-placing agency that assists with the adoption of the minor child; or

(iii)it is in the best interests of the minor child to place the minor child with a single adult.

(2)Notwithstanding Sections 81-13-403 through 81-13-405 , and except as provided in Subsection (3), an adoptee, who is a minor child or vulnerable adult in the legal custody of the state, may not be placed with a prospective foster parent or a prospective adoptive parent, unless, before the adoptee is placed with the prospective foster parent or the prospective adoptive parent:

(a)a fingerprint based Federal Bureau of Investigation national criminal history records check is conducted on the prospective foster parent, prospective adoptive parent, and any other adult residing in the household;

(b)the Department of Health and Human Services conducts a check of the child abuse and neglect registry in each state where the prospective foster parent or prospective adoptive parent resided in the five years immediately preceding the day on which the prospective foster parent or prospective adoptive parent applied to be a foster parent or adoptive parent, to determine whether the prospective foster parent or prospective adoptive parent is listed in the registry as having a substantiated or supported finding of child abuse or neglect;

(c)the Department of Health and Human Services conducts a check of the child abuse and neglect registry of each state where each adult living in the home of the prospective foster parent or prospective adoptive parent described in Subsection (2)(b) resided in the five years immediately preceding the day on which the prospective foster parent or prospective adoptive parent applied to be a foster parent or adoptive parent, to determine whether the adult is listed in the registry as having a substantiated or supported finding of child abuse or neglect; and

(d)each person required to undergo a background check described in this section passes the background check, pursuant to the provisions of Section 26B-2-120 .

(3)The requirements under Subsection

(2)do not apply to the extent that:

(a)federal law or rule permits otherwise; or

(b)the requirements would prohibit the division or a court from placing an adoptee, who is a minor child or vulnerable adult in the legal custody of the state, with:

(i)a noncustodial parent, under Section 80-2a-301 , 80-3-302 , or 80-3-303 ; or

(ii)a relative, under Section 80-2a-301 , 80-3-302 , or 80-3-303 , pending completion of the background check described in Subsection (2).

(4)When an adoption petition is to be finalized in this state with regard to any prospective adoptive parent who is not a resident of this state at the time an adoptee, who is a minor child or vulnerable adult, is placed in the prospective adoptive parent's home, the prospective adoptive parent shall comply with Sections 81-13-403 through 81-13-405 .

Renumbered and Amended by Chapter 426 , 2025 General Session