Utah Code 26B-2-127. Child placing licensure requirements — Prohibited acts — Consortium
Current as of: 2024 | Check for updates
|
Other versions
(1) As used in this section:
Terms Used In Utah Code 26B-2-127
- Adoption services: means the same as that term is defined in Section
80-2-801 . See Utah Code 26B-2-101 - Child: means an individual under 18 years old. See Utah Code 26B-2-101
- Child placing: means receiving, accepting, or providing custody or care for any child, temporarily or permanently, for the purpose of:(8)(a) finding a person to adopt the child;(8)(b) placing the child in a home for adoption; or(8)(c) foster home placement. See Utah Code 26B-2-101
- Child-placing agency: means a person that engages in child placing. See Utah Code 26B-2-101
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Contract: A legal written agreement that becomes binding when signed.
- Mother: means a parent who is of the female sex. See Utah Code 68-3-12.5
- Office: means the Office of Licensing within the department. See Utah Code 26B-2-101
- 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- 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
- United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
(1)(a)(1)(a)(i) “Advertisement” means any written, oral, or graphic statement or representation made in connection with a solicitation of business.(1)(a)(ii) “Advertisement” includes a statement or representation described in Subsection (1)(a)(i) by a noncable television system, radio, printed brochure, newspaper, leaflet, flyer, circular, billboard, banner, Internet website, social media, or sign.(1)(b) “Birth parent” means the same as that term is defined in Section 78B-6-103.(1)(c) “Clearly and conspicuously disclose” means the same as that term is defined in Section 13-11a-2.(1)(d)(1)(d)(i) “Matching advertisement” means any written, oral, or graphic statement or representation made in connection with a solicitation of business to provide the assistance described in Subsection (3)(a)(i), regardless of whether there is or will be an exchange described in Subsection (3)(a)(ii).(1)(d)(ii) “Matching advertisement” includes a statement or representation described in Subsection (1)(d)(i) by a noncable television system, radio, printed brochure, newspaper, leaflet, flyer, circular, billboard, banner, Internet website, social media, or sign.(2)(2)(a) Subject to Section 78B-24-205, a person may not engage in child placing, or solicit money or other assistance for child placing, without a valid license issued by the office in accordance with this part.(2)(b) If a child-placing agency‘s license is suspended or revoked in accordance with this part, the care, control, or custody of any child who is in the care, control, or custody of the child-placing agency shall be transferred to the Division of Child and Family Services.(3)(3)(a)(3)(a)(i) An attorney, physician, or other person may assist:(3)(a)(i)(A) a birth parent to identify or locate a prospective adoptive parent who is interested in adopting the birth parent’s child; or(3)(a)(i)(B) a prospective adoptive parent to identify or locate a child to be adopted.(3)(a)(ii) A payment, charge, fee, reimbursement of expense, or exchange of value of any kind, or promise or agreement to make the same, may not be made for the assistance described in Subsection (3)(a)(i).(3)(b) An attorney, physician, or other person may not:(3)(b)(i) issue or cause to be issued to any person a card, sign, or device indicating that the attorney, physician, or other person is available to provide the assistance described in Subsection (3)(a)(i);(3)(b)(ii) cause, permit, or allow any sign or marking indicating that the attorney, physician, or other person is available to provide the assistance described in Subsection (3)(a)(i), on or in any building or structure;(3)(b)(iii) announce, cause, permit, or allow an announcement indicating that the attorney, physician, or other person is available to provide the assistance described in Subsection (3)(a)(i), to appear in any newspaper, magazine, directory, on radio or television, or an Internet website relating to a business;(3)(b)(iv) announce, cause, permit, or allow a matching advertisement; or(3)(b)(v) announce, cause, permit, or allow an advertisement that indicates or implies the attorney, physician, or other person is available to provide the assistance described in Subsection (3)(a)(i) as part of, or related to, other adoption-related services by using any of the following terms:(3)(b)(v)(A) “comprehensive”;(3)(b)(v)(B) “complete”;(3)(b)(v)(C) “one-stop”;(3)(b)(v)(D) “all-inclusive”; or(3)(b)(v)(E) any other term similar to the terms described in Subsections (3)(b)(v)(A) through (D).(3)(c) An attorney, physician, or other person who is not licensed by the office shall clearly and conspicuously disclose in any print media advertisement or written contract regarding adoption services or adoption-related services that the attorney, physician, or other person is not licensed to provide adoption services by the office.(4) A person who intentionally or knowingly violates Subsection (2) or (3) is guilty of a third degree felony.(5) This section does not preclude payment of fees for medical, legal, or other lawful services rendered in connection with the care of a mother, delivery and care of a child, or lawful adoption proceedings, except that a child-placing agency may not:(5)(a) charge or accept payment for services that were not actually rendered; or(5)(b) charge or accept payment from a prospective adoptive parent for medical or hospital expenses that were paid for by public funds.(6) In accordance with federal law, only an agent or employee of the Division of Child and Family Services or of a licensed child-placing agency may certify to United States Citizenship and Immigration Services that a family meets the preadoption requirements of the Division of Child and Family Services.(7) A licensed child-placing agency or an attorney practicing in this state may not place a child for adoption, either temporarily or permanently, with an individual who would not be qualified for adoptive placement under Sections 78B-6-102, 78B-6-117, and 78B-6-137.(8)(8)(a) A child-placing agency, as that term is defined in Section 63G-20-102, that serves a resident of the state who is a birth mother or a prospective adoptive parent must be a member of a statewide consortium of licensed child-placing agencies that, together, serve all birth mothers lawfully seeking to place a child for adoption and all qualified prospective adoptive parents.(8)(b) The department shall receive and investigate any complaint against a consortium of licensed child-placing agencies.