- (1) In addition to this rule, all child placing adoption agencies shall comply with R495-876, R501-11, R501-2-1 through R501-2-5, R501-2-8 through R501-2-14, R501-14; R501-22, Title 58, Chapter 60; Title 62A, Chapters 2 and 4a; Section 76-7-203; 78A-6; 78B-6; 78B-13; 78B-15; and all other applicable local, State and Federal laws.
- (2) Child placing adoption agencies that do not arrange housing for birth mothers are exempt from R501-2-5, 10, 11, 12, and 22.
(3) A child placing adoption agency shall:
- (a) be legally responsible for the child following relinquishment of the child to the adoption agency until the adoption is finalized, unless a court of competent jurisdiction or applicable law places legal responsibility with another party, in accordance with Section 78B-6-134;
- (b) comply with the Indian Child Welfare Act;
- (c) obtain a child placing foster license and comply with R501-12 if providing foster care;
- (d) obtain a residential support license and comply with R501-22 if providing residential support services to pre-existing parent(s);
- (e) comply with the Interstate Compact on the Placement of Children, in accordance with Section 62A-4a-701 et seq; and
- (f) ensure that its employees, contractors, volunteers and agents comply with all laws relating to adoption services.
(4) The Division of Child and Family Services shall additionally comply with R512-40 for recruitment, home study and approval; R512-41 for qualifying and adoptive family and adoptive placement; R512-302 for responsibilities pertaining to out of home caregivers and any other section of 62A-4a and R512 that governs the provision of adoptive services to child welfare clients served by the Division of Child and Family Services.
- (a) The aforementioned child welfare statue and rule shall supersede this rule when in conflict for child welfare clients served by the Division of Child and Family Services.
KEY: licensing, human services, child placing
Date of Last Change: February 12, 2019
Notice of Continuation: October 3, 2022
Authorizing, and Implemented or Interpreted Law: 62A-2-101 et seq.