reglab/housing_qa huggingface dataset:
UT Code § 78B-6-130 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 6 - Particular Proceedings|Part 1 - Utah Adoption Act|Section 130 - Preplacement and postplacement adoptive evaluations -- Review by court.

 Effective 5/9/2017  78B-6-130. Preplacement and postplacement adoptive evaluations -- Review by court.    (1)   (a) If the person conducting the preplacement adoptive evaluation or postplacement adoptive evaluation disapproves the adoptive placement, the court may dismiss the petition for adoption.     (b) Upon request by a prospective adoptive parent, the court shall order that an additional preplacement adoptive evaluation or postplacement adoptive evaluation be conducted, and shall hold a hearing on the suitability of the adoption, including testimony of interested parties.       (2) Before finalization of a petition for adoption the court shall review and consider the information and recommendations contained in the preplacement adoptive evaluation and postplacement adoptive evaluation described in Sections 78B-6-128 and 78B-6-129.     (3) With respect to the home study required as part of the preplacement adoptive evaluation described in Subsection 78B-6-128(2)(c), a court may review and consider information other than the information contained in the home study described in Subsection 78B-6-128(6)(c).    Amended by Chapter 280, 2017 General Session
UT Code § 78B-6-131 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 6 - Particular Proceedings|Part 1 - Utah Adoption Act|Section 131 - Child in custody of state -- Placement.

 Effective 9/1/2021  78B-6-131. Child in custody of state -- Placement.    (1) Notwithstanding Sections 78B-6-128 through 78B-6-130, and except as provided in Subsection (2), a child who is in the legal custody of the state may not be placed with a prospective foster parent or a prospective adoptive parent, unless, before the child is placed with the prospective foster parent or the prospective adoptive parent:   (a) a fingerprint based FBI national criminal history records check is conducted on the prospective foster parent, prospective adoptive parent, and any other adult residing in the household;     (b) the Department of Human Services conducts a check of the child abuse and neglect registry in each state where the prospective foster parent or prospective adoptive parent resided in the five years immediately preceding the day on which the prospective foster parent or prospective adoptive parent applied to be a foster parent or adoptive parent, to determine whether the prospective foster parent or prospective adoptive parent is listed in the registry as having a substantiated or supported finding of child abuse or neglect;     (c) the Department of Human Services conducts a check of the child abuse and neglect registry of each state where each adult living in the home of the prospective foster parent or prospective adoptive parent described in Subsection (1)(b) resided in the five years immediately preceding the day on which the prospective foster parent or prospective adoptive parent applied to be a foster parent or adoptive parent, to determine whether the adult is listed in the registry as having a substantiated or supported finding of child abuse or neglect; and     (d) each person required to undergo a background check described in this section passes the background check, pursuant to the provisions of Section 62A-2-120.       (2) The requirements under Subsection (1) do not apply to the extent that:   (a) federal law or rule permits otherwise; or     (b) the requirements would prohibit the division or a court from placing a child with:   (i) a noncustodial parent, under Section 62A-4a-209, 80-3-302, or 80-3-303; or     (ii) a relative, under Section 62A-4a-209, 80-3-302, or 80-3-303, pending completion of the background check described in Subsection (1).        Amended by Chapter 262, 2021 General Session
UT Code § 78B-6-134 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 6 - Particular Proceedings|Part 1 - Utah Adoption Act|Section 134 - Custody pending final decree.

 Effective 5/9/2017  78B-6-134. Custody pending final decree.    (1)   (a) A licensed child-placing agency, or a petitioner if the petition for adoption is filed before a child's birth, may seek an order establishing that the agency or petitioner shall have temporary custody of the child from the time of birth.     (b) The court shall grant an order for temporary custody under Subsection (1)(a) upon determining that:   (i) the birth mother or both birth parents consent to the order;     (ii) the agency or petitioner is willing and able to take custody of the child; and     (iii) an order will be in the best interest of the child.       (c) The court shall vacate an order if, prior to the child's birth, the birth mother or birth parents withdraw their consent.       (2) Except as otherwise provided by the court, once a petitioner has received the adoptee into his home and a petition for adoption has been filed, the petitioner is entitled to the custody and control of the adoptee and is responsible for the care, maintenance, and support of the adoptee, including any necessary medical or surgical treatment, pending further order of the court.     (3) Once a child has been placed with, relinquished to, or ordered into the custody of a child-placing agency for purposes of adoption, the agency shall have custody and control of the child and is responsible for his care, maintenance, and support. The agency may delegate the responsibility for care, maintenance, and support, including any necessary medical or surgical treatment, to the petitioner once the petitioner has received the child into his home. However, until the final decree of adoption is entered by the court, the agency has the right to the custody and control of the child.    Amended by Chapter 148, 2017 General Session
UT Code § 78B-6-136 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 6 - Particular Proceedings|Part 1 - Utah Adoption Act|Section 136 - Final decree of adoption -- Agreement by adoptive parent or parents.

78B-6-136. Final decree of adoption -- Agreement by adoptive parent or parents.    (1) Except as provided in Subsection (2), before the court enters a final decree of adoption:   (a) the prospective adoptive parent or parents and the child being adopted shall appear before the appropriate court; and     (b) the prospective adoptive parent or parents shall execute an agreement stating that the child shall be adopted and treated in all respects as the adoptive parent's or parents' own lawful child.       (2) Except as provided in Subsection 78B-6-115(4), a court may waive the requirement described in Subsection (1)(a) if:   (a) the adoption is not contested;     (b) the prospective adoptive parent or parents:   (i) execute an agreement stating that the child shall be adopted and treated in all respects as the parent's or parents' own lawful child;     (ii) have the agreement described in Subsection (2)(b)(i) notarized; and     (iii) file the agreement described in Subsection (2)(b)(i) with the court; and       (c) all requirements of this chapter to obtain a final decree of adoption are otherwise complied with.      Amended by Chapter 340, 2012 General Session
UT Code § 78B-6-137 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 6 - Particular Proceedings|Part 1 - Utah Adoption Act|Section 137 - Decree of adoption -- Best interest of child -- Legislative findings.

78B-6-137. Decree of adoption -- Best interest of child -- Legislative findings.  The court shall examine each person appearing before it in accordance with this chapter, separately, and, if satisfied that the interests of the child will be promoted by the adoption, it shall enter a final decree of adoption declaring that the child is adopted by the adoptive parent or parents and shall be regarded and treated in all respects as the child of the adoptive parent or parents.  Renumbered and Amended by Chapter 3, 2008 General Session
UT Code § 78B-6-138 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 6 - Particular Proceedings|Part 1 - Utah Adoption Act|Section 138 - Pre-existing parent's rights and duties dissolved.

 Effective 9/1/2021  78B-6-138. Pre-existing parent's rights and duties dissolved.    (1) A pre-existing parent of an adopted child is released from all parental rights and duties toward and all responsibilities for the adopted child, including residual parental rights and duties, as defined in Section 80-1-102, and has no further parental rights or duties with regard to that adopted child at the earlier of:   (a) the time the pre-existing parent's parental rights are terminated; or     (b) except as provided in Subsection (2), and subject to Subsections (3) and (4), the time the final decree of adoption is entered.       (2) The parental rights and duties of a pre-existing parent who, at the time the child is adopted, is lawfully married to the person adopting the child are not released under Subsection (1)(b).     (3) The parental rights and duties of a pre-existing parent who, at the time the child is adopted, is not lawfully married to the person adopting the child are released under Subsection (1)(b).     (4)   (a) Notwithstanding the provisions of this section, the court may allow a prospective adoptive parent to adopt a child without releasing the pre-existing parent from parental rights and duties under Subsection (1)(b), if:   (i) the pre-existing parent and the prospective adoptive parent were lawfully married at some time during the child's life;     (ii) the pre-existing parent consents to the prospective adoptive parent's adoption of the child, or is unable to consent because the pre-existing parent is deceased or incapacitated;     (iii) notice of the adoption proceeding is provided in accordance with Section 78B-6-110;     (iv) consent to the adoption is provided in accordance with Section 78B-6-120; and     (v) the court finds that it is in the best interest of the child to grant the adoption without releasing the pre-existing parent from parental rights and duties.       (b) This Subsection (4) does not permit a child to have more than two natural parents, as that term is defined in Section 80-1-102.       (5) This section may not be construed as terminating any child support obligation of a parent incurred before the adoption.    Amended by Chapter 262, 2021 General Session
UT Code § 78B-6-139 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 6 - Particular Proceedings|Part 1 - Utah Adoption Act|Section 139 - Name and status of adopted child.

78B-6-139. Name and status of adopted child.  When a final decree of adoption is entered under Section 78B-6-137, a child may take the family name of the adoptive parent or parents. After that decree of adoption is entered, the adoptive parent or parents and the child shall sustain the legal relationship of parent and child, and have all the rights and be subject to all the duties of that relationship.  Renumbered and Amended by Chapter 3, 2008 General Session
UT Code § 78B-6-140 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 6 - Particular Proceedings|Part 1 - Utah Adoption Act|Section 140 - Itemization of fees and expenses.

 Effective 5/5/2021  78B-6-140. Itemization of fees and expenses.    (1) Except as provided in Subsection (4), before the date that a final decree of adoption is entered, an affidavit regarding fees and expenses, signed by the prospective adoptive parent or parents and the person or agency placing the child, shall be filed with the court.     (2) The affidavit described in Subsection (1) shall itemize the following items in connection with the adoption:   (a) all legal expenses, maternity expenses, medical or hospital expenses, and living expenses that have been or will be paid to or on behalf of the preexisting parents of the child, including the source of payment;     (b) fees paid by the prospective adoptive parent or parents in connection with the adoption;     (c) all gifts, property, or other items that have been or will be provided to the preexisting parents, including the source of the gifts, property, or other items;     (d) all public funds used for any medical or hospital costs in connection with the:   (i) pregnancy;     (ii) delivery of the child; or     (iii) care of the child;       (e) the state of residence of the:   (i) birth mother or the preexisting parents; and     (ii) prospective adoptive parent or parents;       (f) a description of services provided to the prospective adoptive parents or preexisting parents in connection with the adoption; and     (g) that Section 76-7-203 has not been violated.       (3) If a child-placing agency, that is licensed by this state, placed the child, a copy of the affidavit described in Subsection (1) shall be provided to the Office of Licensing within the Department of Human Services.     (4) This section does not apply if the prospective adoptive parent is the legal spouse of a preexisting parent.    Amended by Chapter 65, 2021 General Session
UT Code § 78B-6-142 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 6 - Particular Proceedings|Part 1 - Utah Adoption Act|Section 142 - Adoption order from foreign country.

 Effective 5/12/2020  78B-6-142. Adoption order from foreign country.    (1) Except as otherwise provided by federal law, an adoption order rendered to a resident of this state that is made by a foreign country shall be recognized by the courts of this state and enforced as if the order were rendered by a court in this state.     (2) A person who adopts a child in a foreign country may register the order in this state. A petition for registration of a foreign adoption order may be combined with a petition for a name change. If the court finds that the foreign adoption order meets the requirements of Subsection (1), the court shall order the state registrar to:   (a) file the order pursuant to Section 78B-6-137; and     (b) file a certificate of birth for the child pursuant to Section 26-2-28.       (3) If a clerk of the court is unable to establish the fact, time, and place of birth from the documentation provided, a person holding a direct, tangible, and legitimate interest as described in Subsection 26-2-22(3)(a) or (b) may petition for a court order establishing the fact, time, and place of a birth pursuant to Subsection 26-2-15(1).    Amended by Chapter 201, 2020 General Session
UT Code § 78B-6-143 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 6 - Particular Proceedings|Part 1 - Utah Adoption Act|Section 143 - Nonidentifying health history of adoptee filed with office -- Limited availability.

 Effective 5/9/2017  78B-6-143. Nonidentifying health history of adoptee filed with office -- Limited availability.    (1)   (a) Upon finalization of an adoption in this state, the person who proceeded on behalf of the petitioner for adoption, or a child-placing agency if an agency is involved in the adoption, shall file a report with the office, in the form established by the office.      (b) The report described in Subsection (1)(a) shall include a detailed health history, and a genetic and social history of the adoptee.       (2) The report described in Subsection (1)(a) may not contain identifying information or any information that identifies the adoptee's birth parents or members of their families.     (3) When the report described in Subsection (1)(a) is filed, a duplicate report shall be provided to the adoptive parents.     (4) The report described in Subsection (1)(a) shall only be available upon request, and upon presentation of positive identification, to the following persons:   (a) the adoptive parents;     (b) in the event of the death of the adoptive parents, the adoptee's legal guardian;     (c) the adoptee;     (d) in the event of the death of the adoptee, the adoptee's spouse, if the spouse is the parent or guardian of the adoptee's child;     (e) the adoptee's child or descendant;     (f) the adoptee's birth parent; and     (g) the adoptee's adult sibling.       (5) No identifying information or information that identifies a birth parent or the birth parent's family may be disclosed under this section.     (6) The actual cost of providing information under this section shall be paid by the person requesting the information.     (7) A child-placing agency may provide a copy of the report described in Subsection (1)(a) and information in the child-placing agency's files, except identifying information, to an adult adoptee, a birth parent, or an adoptive parent.     (8) Notwithstanding Subsection (7), identifying information may be released to the extent that the individual who is the subject of the information provides written authorization of the information's release.    Amended by Chapter 417, 2017 General Session
UT Code § 78B-6-144.5 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 6 - Particular Proceedings|Part 1 - Utah Adoption Act|Section 144.5 - Adoption records fees.

 Effective 5/12/2015  78B-6-144.5. Adoption records fees.    (1)   (a) The office shall, in accordance with Section 63J-1-504, establish a fee to be paid by an individual who requests information or other services under Section 78B-6-141 or Section 78B-6-144, and to cover the costs related to providing the information, services, and improvements described in Subsection (2).     (b) The office may accept donations or grants from public or private entities to cover the costs related to providing the information, services, and improvements described in Subsection (2).       (2) The office shall deposit fees and donations collected under Subsection (1) into the General Fund as dedicated credits and may be used only to:   (a) fund, automate, and improve the provision of services described in Sections 78B-6-141 and 78B-6-144; or     (b) implement means of maximizing potential matches for the services described in Sections 78B-6-141 and 78B-6-144, including the use of broad search terms and methods.      Enacted by Chapter 137, 2015 General Session
UT Code § 78B-6-145 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 6 - Particular Proceedings|Part 1 - Utah Adoption Act|Section 145 - Restrictions on disclosure of information -- Violations -- Penalty.

78B-6-145. Restrictions on disclosure of information -- Violations -- Penalty.    (1) Information maintained or filed with the office under this chapter may not be disclosed except as provided by this chapter, or pursuant to a court order.     (2) Any person who discloses information obtained from the office's voluntary adoption registry in violation of this part, or knowingly allows that information to be disclosed in violation of this chapter is guilty of a class A misdemeanor.    Amended by Chapter 340, 2012 General Session
UT Code § 78B-6-201 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 6 - Particular Proceedings|Part 2 - Alternative Dispute Resolution Act|Section 201 - Title.

 Affected by 63I-1-278 on 7/1/2026 78B-6-201. Title.  This part is known as the "Alternative Dispute Resolution Act."  Renumbered and Amended by Chapter 3, 2008 General Session
UT Code § 78B-6-202 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 6 - Particular Proceedings|Part 2 - Alternative Dispute Resolution Act|Section 202 - Definitions.

 Affected by 63I-1-278 on 7/1/2026 78B-6-202. Definitions.  As used in this part:  (1) "ADR" means alternative dispute resolution and includes arbitration, mediation, and other means of dispute resolution, other than court trial, authorized by the Judicial Council under this part.     (2) "ADR organization" means an organization which provides training for ADR providers or offers other ADR services.     (3) "ADR provider" means a neutral person who conducts an ADR procedure. An arbitrator, mediator, and early neutral evaluator are ADR providers. An ADR provider may be an employee of the court or an independent contractor.     (4) "Arbitration" means a private hearing before a neutral or panel of neutrals who hear the evidence, consider the contentions of the parties, and enter a written award to resolve the issues presented pursuant to Section 78B-6-206.     (5) "Award" as used in connection with arbitration includes monetary or equitable relief and may include damages, interest, costs, and attorney fees.     (6) "Civil action" means an action in which a party seeks monetary or equitable relief at common law or pursuant to statute.     (7) "Early neutral evaluation" means a confidential meeting with a neutral expert to identify the issues in a dispute, explore settlement, and assess the merits of the claims.     (8) "Mediation" means a private forum in which one or more impartial persons facilitate communication between parties to a civil action to promote a mutually acceptable resolution or settlement.     (9) "Summary jury trial" means a summary presentation of a case to a jury which results in a nonbinding verdict.    Renumbered and Amended by Chapter 3, 2008 General Session
UT Code § 78B-6-203 (2021)
2021 Utah Code|Title 78B - Judicial Code|Chapter 6 - Particular Proceedings|Part 2 - Alternative Dispute Resolution Act|Section 203 - Purpose and findings.

 Affected by 63I-1-278 on 7/1/2026  Effective 9/1/2021  78B-6-203. Purpose and findings.    (1) The purpose of this part is to offer an alternative or supplement to the formal processes associated with a court trial and to promote the efficient and effective operation of the courts of this state by authorizing and encouraging the use of alternative methods of dispute resolution to secure the just, speedy, and inexpensive determination of civil actions filed in the courts of this state.     (2) The Legislature finds that:   (a) the use of alternative methods of dispute resolution authorized by this part will secure the purposes of Article I, Section 11, Utah Constitution, by providing supplemental or complementary means for the just, speedy, and inexpensive resolution of disputes;     (b) preservation of the confidentiality of ADR procedures will significantly aid the successful resolution of civil actions in a just, speedy, and inexpensive manner;     (c) ADR procedures will reduce the need for judicial resources and the time and expense of the parties;     (d) mediation has, in pilot programs, resulted in the just and equitable settlement of petitions for the protection of children under Section 80-3-201 and petitions for the terminations of parental rights under Section 80-4-201; and     (e) the purpose of this part will be promoted by authorizing the Judicial Council to establish rules to promote the use of ADR procedures by the courts of this state as an alternative or supplement to court trial.      Amended by Chapter 262, 2021 General Session