Utah Code 78B-6-131. Child in custody of state — Placement
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(1) Notwithstanding Sections 78B-6-128 through 78B-6-130, and except as provided in Subsection (2), a child who is in the legal custody of the state may not be placed with a prospective foster parent or a prospective adoptive parent, unless, before the child is placed with the prospective foster parent or the prospective adoptive parent:
Terms Used In Utah Code 78B-6-131
- Adoptive parent: means an individual who has legally adopted an adoptee. See Utah Code 78B-6-103
- Adult: means an individual who is 18 years old or older. See Utah Code 78B-6-103
- Division: means the Division of Child and Family Services, within the Department of Health and Human Services, created in Section
80-2-201 . See Utah Code 78B-6-103 - Person: means :(24)(a) an individual;(24)(b) an association;(24)(c) an institution;(24)(d) a corporation;(24)(e) a company;(24)(f) a trust;(24)(g) a limited liability company;(24)(h) a partnership;(24)(i) a political subdivision;(24)(j) a government office, department, division, bureau, or other body of government; and(24)(k) any other organization or entity. See Utah Code 68-3-12.5
- Prospective adoptive parent: means an individual who seeks to adopt an adoptee. See Utah Code 78B-6-103
- Relative: means :
(27)(a) an adult who is a grandparent, great grandparent, aunt, great aunt, uncle, great uncle, brother-in-law, sister-in-law, stepparent, first cousin, stepsibling, sibling of a child, or first cousin of a child's parent; and(27)(b) in the case of a child defined as an "Indian child" under the Indian Child Welfare Act, Utah Code 78B-6-103- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(1)(a) a fingerprint based FBI national criminal history records check is conducted on the prospective foster parent, prospective adoptive parent, and any other adult residing in the household;(1)(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;(1)(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 (1)(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(1)(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.(2) The requirements under Subsection (1) do not apply to the extent that:(2)(a) federal law or rule permits otherwise; or(2)(b) the requirements would prohibit the division or a court from placing a child with: