1. (1) The Division of Child and Family services shall comply with 62A-4a and R512 in regards to services provided to pre-existing parent(s), including disclosing all allowable adoptive parent(s) information to the birth family, except as governed by R512-41-11 for the Division of Child and Family Services.

2. (2) Child placing adoption agencies other than the Division of Child and Family Services shall:

   1. (a) offer pre-existing parent(s) all available allowable adoptive parent(s) information unless waived in full or part by the pre-existing parent(s) as early in the matching process or consent to adopt process as reasonable;

   2. (b) per 78B-6-119, accept voluntary relinquishments only after offering a minimum of three sessions of adoption related counseling to any person who is considering relinquishing a child for adoption prior to accepting the consent or relinquishment. This counseling shall include at a minimum:

      1. (i) parental rights prior to relinquishments;
      2. (ii) alternative options for the child and pre-existing parent(s); and
      3. (iii) adoption issues including grief/loss;
   3. (c) provide complete and accurate information to the pre-existing parent(s) regarding their decision to consent to adopt or relinquish;

   4. (d) meet in-person, via video, or via telephone with the pre-existing parent(s) to review the designated adoption orientation form provided by the Office;

      1. (i) pre-existing parent(s) will be given the opportunity for questions/clarifications before initialing and signing the document;
      2. (ii) a pre-existing parent(s) under the age of 18 shall meet privately with the adoption worker unless they waive the option to meet privately;

   5. (e) ensure the written consent to relinquishment includes language acknowledging that the pre-existing parent(s) was afforded adoption related counseling, and that the relinquishment is completely voluntary, permanent and irrevocable under Utah Law once signed;

      1. (i) a child placing adoption agency shall wait at least 24 hours after the birth of a child before taking the birth mother's relinquishment of parental rights or legal consent to the adoption of her child, in accordance with Section 78B-6-125 or the laws of the state governing the relinquishment.

3. (3) If an agency arranges housing for pre-existing parents, assure that such housing complies with the following minimum standards:

   1. (a) housing is in compliance with health, fire, zoning, and other applicable laws and regulations;
   2. (b) if the housing meets the definition of Residential Support (R501-22) the agency shall obtain a Residential Support license through the Office of Licensing;
   3. (c) housing is clean, well-maintained and adequately furnished;
   4. (d) birth mothers shall not share bedrooms with other birth mothers;
   5. (e) laundry equipment and supplies shall be available; and
   6. (f) adequate nutritious food, or resources to obtain food, is available.
4. (7) The agency shall be responsible to encourage and facilitate prenatal and medical care of the birth mother.
5. (8) A child placing agency shall inform pre-existing parent(s) of their information that will be shared with adoptive parent(s) including their detailed health history and a genetic and social history in accordance with Section 78B-6-143.
6. (9) A child placing adoption agency shall inform pre-existing parent(s) of Utah's Mutual Consent Voluntary Adoption Registry, Section 78B-6-144.

7. (10) A child placing adoption agency shall assist the birth and adoptive parent(s) in creating a post-placement contact agreement, including:

   1. (a) whether the birth parent wants to disclose their identity to the adoptee or the adoptive family;
   2. (b) contact about or from the child or parents, directly or indirectly, in the future and how that will occur;
   3. (c) that such agreements are non-binding except in certain public child welfare cases; and
   4. (d) Contact agreements shall be updated only when initiated by the previous clients and maintained in case file records.

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.