Utah Code § 26B-2-127 — Utah Code / Title 26B / Chapter 26B-2 / § 26B-2-127
§ 26B-2-127. Child placing licensure requirements -- Prohibited acts -- Consortium.
Status: in_force

(1) As used in this section: (a) (i) "Adoption services" means services provided to an individual related to a potential adoption, including: (A) adoption education, advising, or counseling; (B) matching a potential birth parent with a potential adoptive parent; (C) a home study; (D) assistance or support in financial, legal, or medical matters; (E) prenatal or postpartum support; and (F) mental health therapy. (ii) "Adoption services" does not include one-time informational inquiries. (b) (i) "Advertisement" means any written, oral, or graphic statement or representation made in connection with a solicitation of business. (ii) "Advertisement" includes a statement or representation described in Subsection (1)(b)(i) by a noncable television system, radio, printed brochure, newspaper, leaflet, flyer, circular, billboard, banner, internet website, social media, or sign. (c) "Birth parent" means the same as that term is defined in Section 81-13-101. (d) "Clearly and conspicuously disclose" means the same as that term is defined in Section 13-11a-2. (e) "Coercion" means utilizing threats, force, duress, intimidation, confinement, undue influence, or deception to induce a birth parent to relinquish the birth parent's child or consent to an adoption. (f) "Daily living needs" means food, clothing, hygiene, and local transportation. (g) "Directly affected person" means the same as that term is defined in Section 76-7-203. (h) (i) "Living expenses" means ordinary and necessary costs to maintain an individual's needs, including housing, utilities, and out-of-state transportation. (ii) "Living expenses" does not include lost wages, gifts, educational expenses, or other similar expenses. (i) (i) "Matching advertisement" means any written, oral, or graphic statement or representation made in connection with a solicitation of business to provide the assistance described in Subsection (3)(a)(i), regardless of whether there is or will be an exchange described in Subsection (3)(a)(ii). (ii) "Matching advertisement" includes a statement or representation described in Subsection (1)(i)(i) by a noncable television system, radio, printed brochure, newspaper, leaflet, flyer, circular, billboard, banner, internet website, social media, or sign. (j) "Weekly allowance" means funds that a licensed child-placing agency that is a private entity that provides adoption services may provide to a birth parent for daily living needs. (2) (a) Subject to Section 81-14-205, a person may not engage in child placing, or solicit money or other assistance for child placing, without a valid license issued by the office in accordance with this part. (b) If a child-placing agency's license is suspended or revoked in accordance with this part, the care, control, or custody of any child who is in the care, control, or custody of the child-placing agency shall be transferred to the Division of Child and Family Services. (3) (a) (i) An attorney, physician, or other person may assist: (A) a birth parent to identify or locate a prospective adoptive parent who is interested in adopting the birth parent's child; or (B) a prospective adoptive parent to identify or locate a child to be adopted. (ii) A payment, charge, fee, reimbursement of expense, or exchange of value of any kind, or promise or agreement to make the same, may not be made for the assistance described in Subsection (3)(a)(i). (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 the attorney, physician, or other person is available to provide the assistance described in Subsection (3)(a)(i); (ii) cause, permit, or allow any sign or marking indicating that the attorney, physician, or other person is available to provide the assistance described in Subsection (3)(a)(i), on or in any building or structure; (iii) announce, cause, permit, or allow an announcement indicating that the attorney, physician, or other person is available to provide the assistance described in Subsection (3)(a)(i), to appear in any newspaper, magazine, directory, on radio or television, or an Internet website relating to a business; (iv) announce, cause, permit, or allow a matching advertisement; or (v) announce, cause, permit, or allow an advertisement that indicates or implies the attorney, physician, or other person is available to provide the assistance described in Subsection (3)(a)(i) as part of, or related to, other adoption-related services by using any of the following terms: (A) "comprehensive"; (B) "complete"; (C) "one-stop"; (D) "all-inclusive"; or (E) any other term similar to the terms described in Subsections (3)(b)(v)(A) through (D). (c) An attorney, physician, or other person who is not licensed by the office shall clearly and conspicuously disclose in any print media advertisement or written contract regarding adoption services or adoption-related services that the attorney, physician, or other person is not licensed to provide adoption services by the office. (4) (a) An entity that advertises for adoption services shall disclose in the advertisement: (i) the name of the states in which the entity is licensed to provide adoption services; or (ii) whether the entity is not licensed to provide adoption services in any state. (b) An entity that advertises for adoption services may not promise financial incentives in an adoption-related advertisement. (5) A person who intentionally or knowingly violates Subsection (2) or (3) is guilty of a third degree felony. (6) This section does not preclude payment of fees for medical, legal, or other lawful services rendered in connection with the care of a mother, delivery and care of a child, or lawful adoption proceedings, except that a child-placing agency may not: (a) charge or accept payment for services that were not actually rendered; or (b) charge or accept payment from a prospective adoptive parent for medical or hospital expenses that were paid for by public funds. (7) In accordance with federal law, only an agent or employee of the Division of Child and Family Services or of a licensed child-placing agency may certify to United States Citizenship and Immigration Services that a family meets the preadoption requirements of the Division of Child and Family Services. (8) A licensed child-placing agency or an attorney practicing in this state may not place a child for adoption, either temporarily or permanently, with an individual who would not be qualified for adoptive placement under Sections 81-13-202, 81-13-203, and 81-13-402. (9) (a) There is created the Utah Child-Placing Adoption Agency Consortium to advise the Legislature regarding child-placing agency adoptions and policy in the state. (b) A licensed child-placing agency that is a private entity that provides adoption services in Utah shall be a member of the consortium. (c) The consortium consists of one member of each licensed child-placing agency that is a private entity that provides adoption services. (d) The consortium shall meet at least quarterly. (e) The majority of consortium members constitutes a quorum for conducting consortium business. (f) The consortium shall establish bylaws and procedures for consortium action and recommendations. (g) (i) A representative from the office shall chair the consortium. (ii) The office shall oversee the consortium and provide staff support as needed. (iii) The office may impose a membership fee sufficient to cover the cost of staffing the consortium. (h) (i) The consortium shall review a request from a licensed child-placing agency that is a private entity that provides adoption services to exceed the financial limits described in Subsection (14). (ii) The consortium may approve a request described in Subsection (9)(h)(i) if: (A) the requesting agency demonstrates a specific need to exceed the limit in Subsection (14); (B) the requesting agency requests a specific amount to be approved; and (C) a majority of the consortium, excluding the requesting agency, determines that there is a reasonable need to exceed the limit described in Subsection (14). (iii) Actual living expenses or lost wages that are documented and proven to the satisfaction of the consortium shall be presumed to be a reasonable need. (i) (i) The consortium shall report to the Health and Human Services Interim Committee on or before October 1, 2026. (ii) The report described in Subsection (9)(i)(i) shall include: (A) the number of adoptions completed by each child-placing agency in the consortium in 2025; (B) the number of out-of-state transports arranged by each child-placing agency in the consortium in 2025; and (C) a description of the fees in 2025 for each child-placing agency in the consortium. (j) Together, the consortium shall serve all birth mothers lawfully seeking to place a child for adoption and all qualified prospective adoptive parents. (10) (a) A birth parent has the right to independent legal counsel in the adoption process, selected by the birth parent, at a reasonable cost to be paid by the child-placing agency or prospective adoptive parents. (b) A birth parent may waive the right described in Subsection (10)(a), but may not be required to waive the right to legal counsel. (11) Before a parent relinquishes a child adoptee to a child-placing agency, or consents to the adoption of a child adoptee, the parent shall be informed of the right described in Subsection (10), with sufficient time to exercise the right before relinquishment or consent, by the: (a) child-placing agency; (b) prospective adoptive parents; or (c) representative of a person described in Subsection (11)(a) or (b). (12) Before the day on which a final decree of adoption is entered, a statement shall be filed with the court that: (a) is signed by each parent who: (i) relinquishes the parent's parental rights; or (ii) consents to the adoption; and (b) states that, before the parent took the action described in Subsection (12)(a)(i) or (ii), the parent was advised of the parent's right to independent legal counsel described in this section at the expense of the: (i) child-placing agency; or (ii) prospective adoptive parents. (13) A licensed child-placing agency that is a private entity that provides adoption services shall include on the agency's website, in a prominent and conspicuous place: (a) information regarding how a birth parent or adoptive parent can file a complaint with the office; and (b) notice of any current or former warnings or violations that the office has issued to the child-placing agency within the past three years. (14) (a) A licensed child-placing agency that is a private entity that provides adoption services may only pay the following fees or expenses on behalf of a birth parent: (i) up to $8,000 in living expenses; (ii) weekly allowance; (iii) medical expenses; and (iv) legal expenses related to the adoption. (b) Except as provided in Subsection (14)(c)(i), a licensed child-placing agency that pays fees or expenses described in Subsection (14)(a) on behalf of a birth parent shall make the payment directly to the applicable service provider when possible. (c) (i) A licensed child-placing agency that is a private entity that provides adoption services may provide a weekly allowance directly to a birth parent. (ii) A weekly allowance may not be provided as a lump sum, but shall be distributed on a weekly basis for up to 12 weeks during pregnancy and four weeks postpartum. (iii) A weekly allowance may not exceed $200 per week for a birth parent and $75 per week for a directly affected person that is dependent on the birth parent. (d) A licensed child-placing agency may exceed the limits described in this Subsection (14) in accordance with Subsection (9). (15) Before an adoption is finalized, an adoptive parent or licensed child-placing agency may not discuss or promise a potential post-adoption gift to a birth parent. (16) (a) A licensed child-placing agency, an employee or contractor of a licensed child-placing agency, or a prospective adoptive parent may not utilize coercion in any interaction with a birth parent. (b) Coercive behavior includes: (i) threatening financial or legal retaliation if a birth parent chooses to parent; (ii) telling a birth parent that the birth parent will not receive assistance to return to the birth parent's state of residence; (iii) preventing a birth parent from physically leaving the birth parent's location; (iv) preventing a birth parent from privately contacting the birth parent's supports, such as family, friends, mental health professional, or legal counsel; and (v) promising a financial benefit in exchange for the birth parent's relinquishment or consent. (17) If any member of a licensed child-placing agency that is a private entity that provides adoption services has a financial interest in a service provider that receives a payment as described in Subsection (14)(b), the licensed child-placing agency shall disclose the financial interest to a birth parent, prospective adoptive parent, the office, and a court that finalizes the adoption. (18) (a) A licensed child-placing agency that is a private entity that provides adoption services may not transport or arrange the transport of: (i) a birth mother to the state if the child-placing agency knows or should know that the mother is at 36 or more weeks of gestation; or (ii) a birth mother who is less than 18 years old to the state. (b) A licensed child-placing agency that is a private entity that provides adoption services shall make a reasonable inquiry regarding the health of a birth mother before transporting or arranging the transport of a birth mother. (c) A parent or guardian of a birth mother who is less than 18 years old may make independent arrangements to transport or travel with the minor birth mother. (d) A licensed child-placing agency that is a private entity that provides adoption services shall verify whether an out-of-state birth mother is receiving Medicaid benefits before transporting or arranging the transport of the birth mother to Utah. (e) An individual who travels to Utah for the sole purpose of giving birth without intent to remain in Utah following the birth does not qualify for Utah Medicaid benefits. (19) A licensed child-placing agency that is a private entity that provides adoption services that transports or arranges the transport of a birth mother to the state for purposes related to an adoption shall ensure that the birth mother is returned to the state from which the birth mother was transported using the same mode and quality of transportation that was used to bring the birth mother to the state if the birth mother does not elect to remain in Utah, regardless of the birth mother's decision regarding relinquishment. (20) (a) A licensed child-placing agency that is a private entity that provides adoption services shall submit a form, created by the office, to the office for each birth parent to whom the child-placing agency provides adoption services. (b) The form described in Subsection (20)(a) shall include: (i) the name of the licensed child-placing agency; (ii) whether the birth parent chose: (A) to parent the child; (B) adoption; or (C) something else; (iii) the date of: (A) the birth parent's first contact with the child-placing agency; (B) birth of the child adoptee; (C) relinquishment; and (D) the finalized adoption; (iv) the location of the birth parent on each date described in Subsection (20)(b)(iii); (v) whether a third-party facilitator was used to connect the birth parent and the child-placing agency; (vi) the total amount of funds that a birth parent received directly through a weekly allowance; (vii) the total amount that was paid on behalf of the birth parent for living expenses; (viii) the total amount that was paid for the birth parent's medical expenses, including mental health therapy; (ix) the total amount that was paid for the birth parent's legal expenses; (x) whether the consortium approved exceeding the financial limits described in this section; (xi) the value of any gifts provided to the birth parent; (xii) a description and value of any other benefit that was paid to or on behalf of the birth parent; (xiii) whether the birth parent received Utah Medicaid benefits; (xiv) if the birth parent was transported to Utah, whether the birth parent received Medicaid benefits in another state; and (xv) whether the birth parent received any other public assistance in Utah. (21) The office shall investigate and may revoke or suspend a license of a child-placing agency that violates this section.