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Terms Used In Utah Code 78B-24-304

  • Child: means an unemancipated individual under 18 years old. See Utah Code 78B-24-101
  • Child-placing agency: means a person with authority under other law of this state to identify or place a child for adoption. See Utah Code 78B-24-101
  • Parent: means an individual recognized as a parent under other law of this state. See Utah Code 78B-24-101
  • prospective adoptive parent: means an individual who has been approved or permitted under other law of this state to adopt a child. See Utah Code 78B-24-301
  • State: includes a federally recognized Indian tribe. See Utah Code 78B-24-101
  • United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
     (1)(a) Except as prohibited by other law of this state, within a reasonable time before a child-placing agency places a child for adoption with a prospective adoptive parent, the agency shall provide or cause to be provided to the prospective adoptive parent information specific to the child that is known or reasonably obtainable by the child-placing agency and material to the prospective adoptive parents informed decision to adopt the child.
     (1)(b) The information under Subsection (1)(a) shall include:

          (1)(b)(i) the child’s family, cultural, racial, religious, ethnic, linguistic, and educational background;
          (1)(b)(ii) the child’s physical, mental, emotional, and behavioral health;
          (1)(b)(iii) circumstances that may adversely affect the child’s physical, mental, emotional, or behavioral health;
          (1)(b)(iv) the child’s medical history, including immunizations;
          (1)(b)(v) the medical history of the child’s genetic parents and siblings;
          (1)(b)(vi) the history of an adoptive or out-of-home placement of the child and the reason the adoption or placement ended;
          (1)(b)(vii) the child’s United States immigration status;
          (1)(b)(viii) medical, therapeutic, and educational resources, including language-acquisition training, available to the adoptive parent and child after placement or adoption to assist in responding effectively to physical, mental, emotional, or behavioral issues; and
          (1)(b)(ix) available records relevant to the information in Subsections (1)(b)(i) through (viii).
(2) If, before an adoption is finalized, additional information under Subsection (1) that is material to a prospective adoptive parent’s informed decision to adopt the child becomes known or reasonably obtainable by the child-placing agency, the child-placing agency shall provide the information to the prospective adoptive parent.
(3) If, after an adoption is finalized, additional information under Subsection (1) becomes known to the child-placing agency, the child-placing agency shall make a reasonable effort to provide the information to the adoptive parent.