UT Code § 62A-4a-602 (2021)
2021 Utah Code|Title 62A - Utah Human Services Code|Chapter 4a - Child and Family Services|Part 6 - Child Placing|Section 602 - Licensure requirements -- Prohibited acts.

 Effective 5/12/2020  62A-4a-602. Licensure requirements -- Prohibited acts.    (1) As used in this section:   (a)   (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)(a)(i) by a noncable television system, radio, printed brochure, newspaper, leaflet, flyer, circular, billboard, banner, Internet website, social media, or sign.       (b) "Clearly and conspicuously disclose" means the same as that term is defined in Section 13-11a-2.     (c)   (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)(c)(i) by a noncable television system, radio, printed brochure, newspaper, leaflet, flyer, circular, billboard, banner, Internet website, social media, or sign.         (2)   (a) 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 of Licensing, in accordance with Chapter 2, Licensure of Programs and Facilities.     (b) When a child-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 shall be transferred to the division.       (3)   (a)   (i) An attorney, physician, or other person may assist a parent in identifying or locating a person interested in adopting the parent's child, or in identifying or locating a child to be adopted.     (ii) No payment, charge, fee, reimbursement of expense, or exchange of value of any kind, or promise or agreement to make the same, may 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 of Licensing within the department 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 of Licensing within the department.       (4) Nothing in this part:   (a) precludes 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; or     (b) abrogates the right of procedures for independent adoption as provided by law.       (5) In accordance with federal law, only agents or employees of the division and of licensed child placing agencies may certify to the United States Immigration and Naturalization Service that a family meets the division's preadoption requirements.     (6)   (a) Neither a licensed child-placing agency nor any attorney practicing in this state may place a child for adoption, either temporarily or permanently, with any individual or individuals that would not be qualified for adoptive placement pursuant to the provisions of Sections 78B-6-117, 78B-6-102, and 78B-6-137.     (b) The division, as a licensed child-placing agency, may not place a child in foster care with any individual or individuals that would not be qualified for adoptive placement pursuant to the provisions of Sections 78B-6-117, 78B-6-102, and 78B-6-137. However, nothing in this Subsection (6)(b) limits the placement of a child in foster care with the child's biological or adoptive parent, a relative, or in accordance with the Indian Child Welfare Act, 25 U.S.C. Sec. 1901 et seq.     (c) With regard to children who are in the custody of the state, the division shall establish a rule providing that priority for placement shall be provided to families in which a couple is legally married under the laws of this state. However, nothing in this Subsection (6)(c) limits the placement of a child with the child's biological or adoptive parent, a relative, or in accordance with the Indian Child Welfare Act, 25 U.S.C. Sec. 1901 et seq.      Amended by Chapter 250, 2020 General Session