62A-4a-602 - Licensure requirements -- Prohibited acts.
62A-4a-602. Licensure requirements -- Prohibited acts.
(1) No person, agency, firm, corporation, association, or group children's home mayengage in child placing, or solicit money or other assistance for child placing, without a validlicense issued by the Office of Licensing, in accordance with Chapter 2 of this title. When achild placing agency's license is suspended or revoked in accordance with that chapter, the care,control, or custody of any child who has been in the care, control, or custody of that agency shallbe transferred to the division.
(2) (a) An attorney, physician, or other person may assist a parent in identifying orlocating a person interested in adopting the parent's child, or in identifying or locating a child tobe adopted. However, no payment, charge, fee, reimbursement of expense, or exchange of valueof any kind, or promise or agreement to make the same, may be made for that assistance.
(b) An attorney, physician, or other person may not:
(i) issue or cause to be issued to any person a card, sign, or device indicating that he isavailable to provide that assistance;
(ii) cause, permit, or allow any sign or marking indicating that he is available to providethat assistance, on or in any building or structure;
(iii) announce or cause, permit, or allow an announcement indicating that he is availableto provide that assistance, to appear in any newspaper, magazine, directory, or on radio ortelevision; or
(iv) advertise by any other means that he is available to provide that assistance.
(3) Nothing in this part precludes payment of fees for medical, legal, or other lawfulservices rendered in connection with the care of a mother, delivery and care of a child, or lawfuladoption proceedings; and no provision of this part abrogates the right of procedures forindependent adoption as provided by law.
(4) In accordance with federal law, only agents or employees of the division and oflicensed child placing agencies may certify to the United States Immigration and NaturalizationService that a family meets the division's preadoption requirements.
(5) (a) Beginning May 1, 2000, neither a licensed child placing agency nor any attorneypracticing in this state may place a child for adoption, either temporarily or permanently, withany individual or individuals that would not be qualified for adoptive placement pursuant to theprovisions of Sections 78B-6-117, 78B-6-102, and 78B-6-137.
(b) Beginning May 1, 2000, the division, as a licensed child placing agency, may notplace a child in foster care with any individual or individuals that would not be qualified foradoptive placement pursuant to the provisions of Sections 78B-6-117, 78B-6-102, and78B-6-137. However, nothing in this Subsection (5)(b) limits the placement of a child in fostercare with the child's biological or adoptive parent.
(c) Beginning May 1, 2000, with regard to children who are in the custody of the state,the division shall establish a policy providing that priority for foster care and adoptive placementshall be provided to families in which both a man and a woman are legally married under thelaws of this state. However, nothing in this Subsection (5)(c) limits the placement of a child withthe child's biological or adoptive parent.
Amended by Chapter 3, 2008 General Session