Utah Admin. Code 512-40-5

Current through Bulletin 2024-17, September 1, 2024

Section R512-40-5 - Home Study Requirements for Adoption

(1) A family adopting a child in the custody of Child and Family Services must have a home study completed by the Department of Human Services, Office of Licensing, by Child and Family Services, or by a licensed child placing adoption agency contracted with Child and Family Services.

(2) A prospective adoptive parent may not be approved for the adoptive placement of a child in state's custody unless:

(a) the prospective adoptive parent is legally married or single and not cohabiting, with the exception of relatives to the child who may be cohabiting under Section 78B-6-117;

(b) the prospective adoptive parent and each adult residing in the home have completed criminal background checks, including a national fingerprint-based check that is approved according to criteria specified in Sections 53-10-108, 62A-2-120, 80-3-305, and 78B-6-128, and Pub. L. 109-248; and

(c) a child abuse registry check is completed by Child and Family Services for the prospective adoptive parent and each adult residing in the home, including a check of child abuse registries in any states in which the prospective adoptive parent and each adult residing in the home have resided in the five years prior to application to adopt that is approved according to criteria specified in Sections 62A-2-120, 80-3-305, and 78B-6-128, and Rule R512-2.

(3) The home study should be consistent with the standards of the Child Welfare League of America and Section 78B-6-128.

(a) The following factors are critical in the success of adoptive placements and are required content in adoptive applicant interviews and home study documentation:

(i) commitment to the legal adoption of the child as a permanent member of the family;

(ii) stable marital relationship or commitment and stability in existing family relationships and the ability to sustain long-term relationships that would provide a base for an adoptive child;

(iii) proper motivation and realistic expectations of a child who has experienced trauma and other effects of abuse and neglect;

(iv) emotional openness, empathy, and flexibility;

(v) strong social support system for both the parent and child; and

(vi) knowledge of resources to help raise a child.

(b) The following factors may significantly contribute to adoption disruption and are required content in adoptive applicant interviews and home study documentation:

(i) history of emotional or psychological problems or substance abuse;

(ii) marital difficulties and incompatibilities that seriously compromise the ability to meet the needs of the child;

(iii) serious problems in child rearing;

(iv) unrealistic expectations of self and child;

(v) impulse control disorders;

(vi) disruptive or crisis filled lifestyle; and

(vii) criminal activity.

(c) The home study assessment and family evaluation will include information gathered from the following:

(i) criminal background clearances for each adult in the home;

(ii) child abuse registry clearances for each adult in the home;

(iii) written statements of reference as specified in Rule R501-12;

(iv) psycho-social information gathered from the prospective adoptive parent and family members;

(v) home visits and interviews to assess the prospective adoptive parent in the following areas:

(A) marriage and personal stability;

(B) ability to manage stress;

(C) parenting skills and emotional openness and flexibility to provide continuity of a caring relationship;

(D) capacity to parent a child who has experienced trauma and who may have other special needs;

(E) how the children living at home will be affected; and

(F) how supervision for the child will be arranged in accordance with the child's age and developmental ability at times when the prospective adoptive parent is not able to be in the home;

(vi) health status verification regarding the prospective adoptive parent based on a doctor's examination made within six months prior to the date of application;

(vii) financial status that verifies income sufficient to provide for a child's needs; and

(viii) home health and safety assessment.

(d) The evaluation of the family shall include their strengths and challenges.

(e) To preserve family connections for adopted children, home study requirements for relatives or friends known to the child that do not impact the health and safety of the child may be waived.

(f) Recommendations shall be made regarding the specific child intended to be adopted or the age and type of child who can best fit into the home to ensure the healthy development of the child.

Utah Admin. Code R512-40-5

Adopted by Utah State Bulletin Number 2016-11, effective 5/9/2016

Amended by Utah State Bulletin Number 2019-24, effective 11/21/2019

Amended by Utah State Bulletin Number 2022-07, effective 3/11/2022