Enrolled Copy S.B. 147
1 ADOPTION REVISIONS
2024 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Chris H. Wilson House Sponsor: Jefferson S. Burton
2
3 LONG TITLE
4 General Description:
5 This bill addresses adoptions.
6 Highlighted Provisions:
7 This bill:
8 ▸ defines terms;
9 ▸ allows the Office of Licensing within the Department of Health and Human Services
10 (department) to issue a conditional human services program license for a license applicant
11 whose license was previously revoked;
12 ▸ requires the department to provide pregnancy support services, subject to available
13 funding;
14 ▸ amends language concerning appointment of an indigent defense service provider for
15 termination of parental rights proceedings;
16 ▸ allows a birth parent to elect to receive certain postpartum counseling at the expense of a
17 child-placing agency or prospective adoptive parents;
18 ▸ amends provisions relating to consent to adoption by an unmarried biological father;
19 ▸ allows a prospective adoptive parent to use a foster care home study for purposes of
20 adoption;
21 ▸ modifies when a final decree of adoption may be entered;
22 ▸ modifies provisions relating to the reporting of fees and expenses for an adoption; and
23 ▸ makes technical and conforming changes.
24 Money Appropriated in this Bill:
25 This bill appropriates in fiscal year 2025:
26 ▸ to Department of Health and Human Services - Children, Youth, & Families - Family
27 Health as an ongoing appropriation:
 S.B. 147 Enrolled Copy
28 • from the General Fund, $245,000
29 Other Special Clauses:
30 None
31 Utah Code Sections Affected:
32 AMENDS:
33 26B-2-105, as renumbered and amended by Laws of Utah 2023, Chapter 305
34 26B-4-301, as renumbered and amended by Laws of Utah 2023, Chapter 307 and last
35 amended by Coordination Clause, Laws of Utah 2023, Chapter 307
36 78B-6-103, as last amended by Laws of Utah 2023, Chapter 330
37 78B-6-112, as last amended by Laws of Utah 2021, Chapter 262
38 78B-6-119, as last amended by Laws of Utah 2009, Chapter 159
39 78B-6-120, as last amended by Laws of Utah 2017, Chapter 156
40 78B-6-121, as last amended by Laws of Utah 2021, Chapter 262
41 78B-6-122, as last amended by Laws of Utah 2023, Chapter 289
42 78B-6-128, as last amended by Laws of Utah 2023, Chapter 330
43 78B-6-136.5, as last amended by Laws of Utah 2021, Chapter 65
44 78B-6-140, as last amended by Laws of Utah 2023, Chapters 289, 466
45 ENACTS:
46 26B-4-326, as Utah Code Annotated 1953
47
48 Be it enacted by the Legislature of the state of Utah:
49 Section 1. Section 26B-2-105 is amended to read:
50 26B-2-105 . Licensure requirements -- Expiration -- Renewal.
51 (1) Except as provided in Section 26B-2-115, an individual, agency, firm, corporation,
52 association, or governmental unit acting severally or jointly with any other individual,
53 agency, firm, corporation, association, or governmental unit may not establish, conduct,
54 or maintain a human services program in this state without a valid and current license
55 issued by and under the authority of the office as provided by this part and the rules
56 under the authority of this part.
57 (2) (a) For purposes of this Subsection (2), "member" means a person or entity that is
58 associated with another person or entity:
59 (i) as a member;
60 (ii) as a partner;
61 (iii) as a shareholder; or
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62 (iv) as a person or entity involved in the ownership or management of a human
63 services program owned or managed by the other person or entity.
64 (b) A license issued under this part may not be assigned or transferred.
65 (c) [An] The office shall treat an application for a license under this part[ shall be
66 treated] as an application for reinstatement of a revoked license if:
67 (i) (A) the person or entity applying for the license had a license revoked under
68 this part; and
69 (B) the revoked license described in Subsection (2)(c)(i)(A) is not reinstated
70 before the application described in this Subsection (2)(c) is made; or
71 (ii) a member of an entity applying for the license:
72 (A) (I) had a license revoked under this part; and
73 (II) the revoked license described in Subsection (2)(c)(ii)(A)(I) is not reinstated
74 before the application described in this Subsection (2)(c) is made; or
75 (B) (I) was a member of an entity that had a license revoked under this part at
76 any time before the license was revoked; and
77 (II) the revoked license described in Subsection (2)(c)(ii)(B)(I) is not reinstated
78 before the application described in this Subsection (2)(c) is made.
79 (3) (a) Subject to Section 26B-2-110, and after the five-year waiting period described in
80 Subsection 26B-2-110(1)(c), the office may conditionally approve an application for
81 reinstatement as described in Subsection (2)(c), for a maximum of two years, if:
82 (i) the applicant's license was previously revoked due to repeated or chronic
83 violations; or
84 (ii) after the applicant's license was previously revoked, the applicant associated with
85 another human services program that provides a service that is substantially
86 similar to the services for which the applicant was previously licensed.
87 (b) If the office issues a conditional license under Subsection (3)(a), the office shall
88 prepare a conditional license plan describing the terms and conditions of the
89 conditional license.
90 [(3)] (4) A current license shall at all times be posted in the facility where each human
91 services program is operated, in a place that is visible and readily accessible to the
92 public.
93 [(4)] (5) (a) Except as provided in Subsection [(4)(c)] (5)(c), each license issued under
94 this part expires at midnight on the last day of the same month the license was issued,
95 one year following the date of issuance unless the license has been:
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96 (i) previously revoked by the office;
97 (ii) voluntarily returned to the office by the licensee; or
98 (iii) extended by the office.
99 (b) A license shall be renewed upon application and payment of the applicable fee,
100 unless the office finds that the licensee:
101 (i) is not in compliance with the:
102 (A) provisions of this part; or
103 (B) rules made under this part;
104 (ii) has engaged in a pattern of noncompliance with the:
105 (A) provisions of this part; or
106 (B) rules made under this part;
107 (iii) has engaged in conduct that is grounds for denying a license under Section
108 26B-2-112; or
109 (iv) has engaged in conduct that poses a substantial risk of harm to any person.
110 (c) The office may issue a renewal license that expires at midnight on the last day of the
111 same month the license was issued, two years following the date of issuance, if:
112 (i) the licensee has maintained a human services license for at least 24 months before
113 the day on which the licensee applies for the renewal; and
114 (ii) the licensee has not violated this part or a rule made under this part.
115 [(5)] (6) Any licensee that is in operation at the time rules are made in accordance with this
116 part shall be given a reasonable time for compliance as determined by the rule.
117 [(6)] (7) (a) A license for a human services program issued under this section shall apply
118 to a specific human services program site.
119 (b) A human services program shall obtain a separate license for each site where the
120 human services program is operated.
121 Section 2. Section 26B-4-301 is amended to read:
122 26B-4-301 . Definitions.
123 As used in this part:
124 (1) "Committee" means the Primary Care Grant Committee described in Section 26B-1-410.
125 (2) "Community based organization":
126 (a) means a private entity; and
127 (b) includes for profit and not for profit entities.
128 (3) "Cultural competence" means a set of congruent behaviors, attitudes, and policies that
129 come together in a system, agency, or profession and enables that system, agency, or
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130 profession to work effectively in cross-cultural situations.
131 (4) "Emergency medical dispatch center" means a public safety answering point, as defined
132 in Section 63H-7a-103, that is designated as an emergency medical dispatch center by
133 the office.
134 (5) "Health literacy" means the degree to which an individual has the capacity to obtain,
135 process, and understand health information and services needed to make appropriate
136 health decisions.
137 (6) "Institutional capacity" means the ability of a community based organization to
138 implement public and private contracts.
139 (7) "Medically underserved population" means the population of an urban or rural area or a
140 population group that the committee determines has a shortage of primary health care.
141 (8) "Office" means the Office of Emergency Medical Services and Preparedness within the
142 department.
143 (9) "Pregnancy support services" means services that:
144 (a) encourage childbirth instead of voluntary termination of pregnancy; and
145 (b) assist pregnant women, or women who may become pregnant, to choose childbirth
146 whether they intend to parent or select adoption for the child.
147 [(9)] (10) "Primary care grant" means a grant awarded by the department under Subsection
148 26B-4-310(1).
149 [(10)] (11) (a) "Primary health care" means:
150 (i) basic and general health care services given when a person seeks assistance to
151 screen for or to prevent illness and disease, or for simple and common illnesses
152 and injuries; and
153 (ii) care given for the management of chronic diseases.
154 (b) "Primary health care" includes:
155 (i) services of physicians, nurses, physician's assistants, and dentists licensed to
156 practice in this state under Title 58, Occupations and Professions;
157 (ii) diagnostic and radiologic services;
158 (iii) preventive health services including perinatal services, well-child services, and
159 other services that seek to prevent disease or its consequences;
160 (iv) emergency medical services;
161 (v) preventive dental services; and
162 (vi) pharmaceutical services.
163 Section 3. Section 26B-4-326 is enacted to read:
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164 26B-4-326 . Pregnancy support services.
165 The department shall, as funding permits and either directly or through one or more
166 third parties, provide pregnancy support services, which may include:
167 (1) medical care and information, including pregnancy tests, sexually transmitted infection
168 tests, pregnancy-related health screenings, ultrasound services, prenatal care, or birth
169 planning and classes;
170 (2) nutritional services and education;
171 (3) housing, education, and employment assistance during pregnancy and up to one year
172 following a birth;
173 (4) adoption education, planning, and services;
174 (5) child care assistance, if necessary for the client to receive pregnancy support services;
175 (6) parenting education and support services for up to one year following a birth;
176 (7) material items that are supportive of pregnancy and childbirth, including cribs, car seats,
177 clothing, formula, and other safety devices; or
178 (8) information regarding health care benefits, including Medicaid coverage for the client
179 for pregnancy care that provides health coverage for the client's child upon birth.
180 Section 4. Section 78B-6-103 is amended to read:
181 78B-6-103 . Definitions.
182 As used in this part:
183 (1) "Adoptee" means a person who:
184 (a) is the subject of an adoption proceeding; or
185 (b) has been legally adopted.
186 (2) "Adoption" means the judicial act that:
187 (a) creates the relationship of parent and child where it did not previously exist; and
188 (b) except as provided in Subsections 78B-6-138(2) and (4), terminates the parental
189 rights of any other person with respect to the child.
190 (3) "Adoption document" means an adoption-related document filed with the office, a
191 petition for adoption, a decree of adoption, an original birth certificate, or evidence
192 submitted in support of a supplementary birth certificate.
193 (4) "Adoption proceeding" means any proceeding under this part.
194 (5) "Adoption service provider" means:
195 (a) a child-placing agency;
196 (b) a licensed counselor who has at least one year of experience providing professional
197 social work services to:
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198 (i) adoptive parents;
199 (ii) prospective adoptive parents; or
200 (iii) birth parents; or
201 (c) the Office of Licensing within the Department of Health and Human Services.
202 [(5)] (6) "Adoptive parent" means an individual who has legally adopted an adoptee.
203 [(6)] (7) "Adult" means an individual who is 18 years [of age] old or older.
204 [(7)] (8) "Adult adoptee" means an adoptee who is 18 years [of age] old or older and was
205 adopted as a minor.
206 [(8)] (9) "Adult sibling" means an adoptee's brother or sister, who is 18 years [of age] old or
207 older and whose birth mother or father is the same as that of the adoptee.
208 [(9)] (10) "Birth mother" means the biological mother of a child.
209 [(10)] (11) "Birth parent" means:
210 (a) a birth mother;
211 (b) a man whose paternity of a child is established;
212 (c) a man who:
213 (i) has been identified as the father of a child by the child's birth mother; and
214 (ii) has not denied paternity; or
215 (d) an unmarried biological father.
216 [(11)] (12) "Child-placing agency" means an agency licensed to place children for adoption
217 under Title 26B, Chapter 2, Part 1, Human Services Programs and Facilities.
218 [(12)] (13) "Cohabiting" means residing with another person and being involved in a sexual
219 relationship with that person.
220 [(13)] (14) "Division" means the Division of Child and Family Services, within the
221 Department of Health and Human Services, created in Section 80-2-201.
222 [(14)] (15) "Extra-jurisdictional child-placing agency" means an agency licensed to place
223 children for adoption by a district, territory, or state of the United States, other than Utah.
224 [(15)] (16) "Genetic and social history" means a comprehensive report, when obtainable,
225 that contains the following information on an adoptee's birth parents, aunts, uncles, and
226 grandparents:
227 (a) medical history;
228 (b) health status;
229 (c) cause of and age at death;
230 (d) height, weight, and eye and hair color;
231 (e) ethnic origins;
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232 (f) where appropriate, levels of education and professional achievement; and
233 (g) religion, if any.
234 [(16)] (17) "Health history" means a comprehensive report of the adoptee's health status at
235 the time of placement for adoption, and medical history, including neonatal,
236 psychological, physiological, and medical care history.
237 [(17)] (18) "Identifying information" means information that is in the possession of the
238 office and that contains the name and address of a pre-existing parent or an adult
239 adoptee, or other specific information that by itself or in reasonable conjunction with
240 other information may be used to identify a pre-existing parent or an adult adoptee,
241 including information on a bir