Utah Code 78B-6-107. Compliance with the Interstate Compact on Placement of Children — Compliance with the Indian Child Welfare Act

78B-6-107. Compliance with the Interstate Compact on Placement of Children — Compliance with the Indian Child Welfare Act.

(1)

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Terms Used In Utah Code 78B-6-107

Adoption: means the judicial act that:

(a)	creates the relationship of parent and child where it did not previously exist; and

(b)

except as provided in Subsections 78B-6-138(2) and (4), terminates the parental rights of any other person with respect to the child. See Utah Code 78B-6-103

Adoptive parent: means an individual who has legally adopted an adoptee. See Utah Code 78B-6-103

Child-placing agency: means an agency licensed to place children for adoption under 1. See 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

United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5

(a)

Subject to Subsection (1)(b), in any adoption proceeding the petition for adoption shall state whether the child was born in another state and, if so, both the petition and the court’s final decree of adoption shall state that the requirements of 9, have been complied with.

(b)	Subsection (1)(a) does not apply if the prospective adoptive parent is not required to complete a preplacement adoptive evaluation under Section 78B-6-128.

(2)	In any adoption proceeding involving an “Indian child,” as defined in 25 U.S.C. § 1903, a child-placing agency and the petitioners shall comply with the Indian Child Welfare Act, Title 25, Chapter 21, of the United States Code.

Amended by Chapter 335, 2022 General Session

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