Utah Admin. Code R501-7-3 - Legal Requirements
(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.
Notes
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