Division Child Placing and Adoption Services

Utah Code tit. 80, ch. 80-2, pt. 80-2-P8

in effect

Utah Code § 80-2-801 Definitions.

80-2-801. Definitions. As used in this part: (1) "Adoptable child" means a child: (a) who is in the custody of the division; and (b) (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. (2) (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 (b) (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

Utah Code § 80-2-802 Division child placing and adoption services -- Restrictions on placement of a child.

80-2-802. Division child placing and adoption services -- Restrictions on placement of a child. (1) Except as provided in Subsection (3), the division may provide adoption services and, as a licensed child-placing agency under Title 26B, Chapter 2, Part 1, Human Services Programs and Facilities, engage in child placing in accordance with this chapter, Chapter 2a, Removal and Protective Custody of a Child, Chapter 3, Abuse, Neglect, and Dependency Proceedings, and Chapter 4, Termination and Restoration of Parental Rights. (2) The division shall base the division's decision for placement of an adoptable child for adoption on the best interest of the adoptable child. (3) The division may not: (a) in accordance with Subsection 26B-2-127(7), place a child for adoption, either temporarily or permanently, with an individual who does not qualify for adoptive placement under Sections 81-13-202, 81-13-203, and 81-13-402; (b) consider a potential adoptive parent's willingness or unwillingness to enter a postadoption contact agreement under Section 81-13-216 as a condition of placing a child with a potential adoptive parent; or (c) except as required under the Indian Child Welfare Act, 25 U.S.C. Secs. 1901 through 1963, base the division's decision for placement of an adoptable child on the race, color, ethnicity, or national origin of either the child or the potential adoptive parent. (4) The division shall establish a rule in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, providing that, subject to Subsection (3) and Section 81-13-402, priority of placement shall be provided to a family in which a couple is legally married under the laws of the state. (5) Subsections (3) and (4) do not limit the placement of a child with the child's parent or relative or in accordance with the Indian Child Welfare Act, 25 U.S.C. Sec. 1901 et seq. Amended by Chapter 390, 2026 General Session

Utah Code § 80-2-803 Division promotion of adoption -- Adoption research and informational pamphlet.

80-2-803. Division promotion of adoption -- Adoption research and informational pamphlet. The division shall: (1) actively promote the adoption of all children in the division's custody who have a final plan for termination of parental rights under Section 80-3-409 or a primary permanency plan of adoption; (2) develop plans for the effective use of cross-jurisdictional resources to facilitate timely adoptive or permanent placements for waiting children; (3) obtain information or conduct research regarding prior adoptive families to determine what families may do to be successful with an adoptive child; (4) make the information or research described in Subsection (3) available to potential adoptive parents; (5) prepare a pamphlet that explains the information that a child-placing agency is required to provide a potential adoptive parent under Section 81-14-303; (6) regularly distribute copies of the pamphlet described in Subsection (5) to child-placing agencies; and (7) respond to an inquiry made as a result of the notice provided by a child-placing agency under Section 81-14-303. Amended by Chapter 426, 2025 General Session

Utah Code § 80-2-804 Adoptive placement time frame -- Division contracts with child-placing agencies.

80-2-804. Adoptive placement time frame -- Division contracts with child-placing agencies. (1) Subject to this part, for a child who has a primary permanency plan of adoption or for whom a final plan for pursuing termination of parental rights is approved in accordance with Section 80-3-409, the division shall make intensive efforts to place the child in an adoptive home within 30 days after the earlier of the day on which: (a) the final plan is approved; or (b) the primary permanency plan is established. (2) If within the time periods described in Subsection (1) the division is unable to locate a suitable adoptive home, the division shallcontract with a variety of child-placing agencies licensed under Title 26B, Chapter 2, Part 1, Human Services Programs and Facilities, to search for an appropriate adoptive home for the child, and to place the child for adoption. Amended by Chapter 330, 2023 General Session

Utah Code § 80-2-805 Division post-adoption services and contracts -- Access to health care for an adopted child.

80-2-805. Division post-adoption services and contracts -- Access to health care for an adopted child. (1) Unless a parent or guardian of a child who is adopted from the custody of the division expressly requests otherwise, the division may not, solely on the basis that the parent or guardian contacts the division regarding services or requests services from the division: (a) remove or facilitate the removal of a child from the child's home; (b) file a petition for removal of a child from the child's home; (c) file a petition for a child protective order; (d) make a supported finding; (e) seek a substantiated finding; (f) file an abuse, neglect, or dependency petition, as defined in Section 80-3-102, or a petition alleging that a child is abandoned; or (g) file a petition for termination of parental rights, as defined in Section 80-4-102. (2) (a) The division shall, to the extent that sufficient funds are available, use out-of-home services funds or division-designated post-adopt funds to provide services to a child who is adopted from the custody of the division, without requiring that the child's parent terminate parental rights, or that the child's parent or legal guardian transfer or surrender custodial rights, in order to receive the services. (b) The division may not require, request, or recommend that a parent terminate parental rights, or that a parent or guardian transfer or surrender custodial rights, in order to receive services, using out-of-home services funds, for a child who is adopted from the custody of the division. (3) (a) If a parent or guardian of a child who is adopted from the custody of the division requests vendor services from the division, the division shall refer the parent or guardian to a provider of vendor services, at the parent's or guardian's expense, if: (i) (A) the parent, guardian, or child is not eligible to receive the vendor services from the division; or (B) the division does not have sufficient funds to provide the services to the parent, guardian, or child; (ii) the parent, guardian, or child does not have insurance or other funds available to receive the services without the referral; and (iii) the parent or guardian desires the referral. (b) If the division awards, extends, or renews a contract with a vendor for vendor services, the division shall include in the contract a requirement that, if the division makes a referral under Subsection (3)(a), the vendor shall: (i) provide services to the parent, guardian, or child at a rate that does not exceed the rate that the vendor charges the division for the services; and (ii) may not charge the parent, guardian, or child any fee that the vendor does not charge the division. (4) The division shall ensure that a child who is adopted and was previously in the division's custody, continues to receive the medical and mental health coverage that the child is entitled to under state and federal law. Renumbered and Amended by Chapter 334, 2022 General Session

Utah Code § 80-2-806 Division adoption assistance -- Eligibility -- Limitations.

80-2-806. Division adoption assistance -- Eligibility -- Limitations. (1) The purpose of this section is to provide adoption assistance to eligible adoptive families to establish and maintain a permanent adoptive placement for a child who has a special need and who qualifies under state and federal law. (2) (a) The division may provide adoption assistance to an adoptive family who is eligible under this section. (b) The division shall establish, by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, eligibility criteria for the receipt of adoption assistance and supplemental adoption assistance. (c) The division shall base a determination of eligibility for the receipt of adoption assistance or supplemental adoption assistance on: (i) the needs of the child; (ii) the resources available to the child; and (iii) the federal requirements of Section 473, Social Security Act. (d) The division: (i) may, to the extent funds are available, use state funds appropriated for adoption assistance to provide post-adoption services to a child who is adopted from the custody of the division; and (ii) unless a parent or guardian of a child who is adopted from the custody of the division expressly requests otherwise, may not require, request, or recommend that a parent terminate parental rights, or that a parent or guardian transfer or surrender custodial rights, in order to receive post-adoption services for the child, regardless of whether funds for the post-adoption services come from funds appropriated for adoption assistance or post-adoption services. (3) (a) Except as provided in Subsection (3)(c) and under the federal requirements of Social Security Act, 42 U.S.C. Sec. 670 et seq., the division: (i) shall provide for: (A) payment of nonrecurring adoption expenses for an eligible child who has a special need; and (B) state medical assistance when required by federal law; and (ii) may provide for monthly subsidies for an eligible child who has a special need. (b) (i) The division shall base the level of monthly subsidy under Subsection (3)(a) on: (A) the child's present and long-term treatment and care needs; and (B) the family's ability to meet the needs of the child. (ii) The level of monthly subsidy under Subsection (3)(b)(i) may increase or decrease when the child's level of need or the family's ability to meet the child's need changes. (iii) The family or the division may initiate changes to the monthly subsidy. (c) (i) Payment of nonrecurring adoption expenses under Subsection (3)(a) may not exceed $2,000 and shall be limited to costs incurred before the day on which the adoption is finalized. (ii) Financial support provided under Subsection (3)(a) may not exceed the maximum foster care payment that would be paid at the time the subsidy amount is initiated or revised or if the eligible child had been in a foster family home. Renumbered and Amended by Chapter 334, 2022 General Session

Utah Code § 80-2-807 Division supplemental adoption assistance -- Department advisory committee.

80-2-807. Division supplemental adoption assistance -- Department advisory committee. (1) (a) The division may, based on annual legislative appropriations for adoption assistance and, subject to Subsection (2)(c), division rules made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, provide supplemental adoption assistance for a child who has a special need. (b) The division shall provide supplemental adoption assistance under Subsection (1)(a) only after all other resources for which the child is eligible are exhausted. (2) (a) The department shall, by rule, made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, establish at least one advisory committee to review and make recommendations to the division on individual requests for supplemental adoption assistance. (b) The advisory committee shall be comprised of: (i) an adoption expert; (ii) an adoptive parent; (iii) a division representative; (iv) a foster parent; and (v) an adoption caseworker. (c) The division rules described in Subsection (1) shall include a provision that establishes a threshold amount for requests for supplemental adoption assistance that require review by the advisory committee. Renumbered and Amended by Chapter 334, 2022 General Session

Utah Code § 80-2-808 Division termination or modification of adoption assistance.

80-2-808. Division termination or modification of adoption assistance. (1) The division may not terminate or modify adoption assistance unless the division gives the adoptive parents notice and opportunity for a hearing as required in Title 63G, Chapter 4, Administrative Procedures Act. (2) The division shall terminate adoption assistance if any of the following occur: (a) the adoptive parents request termination; (b) subject to Subsection (3), the child reaches 18 years old, unless the division gives approval to continue beyond 18 years old due to mental or physical disability; (c) the child dies; (d) the adoptive parents die; (e) the adoptive parents' legal responsibility for the child ceases; (f) the state determines that the child is no longer receiving support from the adoptive parents; (g) the child marries; or (h) the child enters military service. (3) Adoption assistance may not continue after the day on which the child reaches 21 years old. Renumbered and Amended by Chapter 334, 2022 General Session

Utah Code § 80-2-809 Interstate compact adoption assistance agreements.

80-2-809. Interstate compact adoption assistance agreements. (1) Notwithstanding Section 80-2-801, as used in this section: (a) "Adoption assistance" means financial support to an adoptive parent provided under the Adoption Assistance and Child Welfare Act of 1980, Title IV (e) of the Social Security Act, and Title XIX of the Social Security Act. (b) "Adoption assistance agreement" means a written agreement between the division and adoptive parents, or between any other state and adoptive parents, providing for adoption assistance. (2) The division may develop and negotiate an interstate compact for the provision of medical identification and assistance to an adoptive parent who receives adoption assistance. (3) An interstate compact under Subsection (2) shall include: (a) a provision: (i) for joinder by all states; (ii) for withdrawal from the compact upon written notice to the parties, with a period of one year between the date of the notice and the effective date of withdrawal; (iii) that a child who is the subject of an adoption assistance agreement with another party state, and who subsequently becomes a resident of this state, shall receive medical identification and assistance in this state under the Adoption Assistance and Child Welfare Act of 1980, Title IV (e) of the Social Security Act, and Title XIX of the Social Security Act, based on the child's adoption assistance agreement; and (iv) that a child who is the subject of an adoption assistance agreement with the division, and who subsequently becomes a resident of another party state, shall receive medical identification and assistance from that state under the Adoption and Child Welfare Act of 1980, Title IV (e) of the Social Security Act, and Title XIX of the Social Security Act, based on his adoption assistance agreement; and (b) a requirement that: (i) each instance of adoption assistance to which the compact applies be covered by an adoption assistance agreement between the adoptive parents and the agency of the state that initially agrees to provide adoption assistance; (ii) any agreement is expressly for the benefit of the adopted child and is enforceable by the adoptive parent, and by the state agency providing adoption assistance; and (iii) the protections of the interstate compact continue for the duration of the adoption assistance and apply to all children and the children's adoptive parents who receive adoption assistance from a party state other than the state in which the children reside. (4) (a) The division: (i) shall provide services to a child who is the subject of an adoption assistance agreement executed by the division, and who is a resident of another state, if the services are not provided by the child's residence state under an interstate compact; and (ii) may reimburse the adoptive parent upon receipt of evidence of the adoptive parent's payment for services for which the child is eligible, which were not paid by the residence state, and are not covered by insurance or other third party medical contract. (b) The services provided under this subsection are the services for which there is no federal contribution, or which, if federally aided, are not provided by the residence state. Renumbered and Amended by Chapter 334, 2022 General Session

Source: Utah Office of Legislative Research and General Counsel (le.utah.gov)URL: https://le.utah.gov/xcode/Title80/Chapter2/80-2-P8.html?v=C80-2-P8_2022050420220901Fetched: 10/26/2026