2023 Utah Code › Title 80 - Utah Juvenile Code › Chapter 2 - Child Welfare Services › Part 8 - Division Child Placing and Adoption Services › Section 805 - Division post-adoption services and contracts -- Access to health care for an adopted child.

Effective 9/1/2022
80-2-805.
Division post-adoption services and contracts -- Access to health care for an adopted child.
(1) Unless a parent or guardian of a child who is adopted from the custody of the division expressly requests otherwise, the division may not, solely on the basis that the parent or guardian contacts the division regarding services or requests services from the division:
(a) remove or facilitate the removal of a child from the child's home;
(b) file a petition for removal of a child from the child's home;
(c) file a petition for a child protective order;
(d) make a supported finding;
(e) seek a substantiated finding;
(f) file an abuse, neglect, or dependency petition, as defined in Section 80-3-102, or a petition alleging that a child is abandoned; or
(g) file a petition for termination of parental rights, as defined in Section 80-4-102.
(2)
(a) The division shall, to the extent that sufficient funds are available, use out-of-home services funds or division-designated post-adopt funds to provide services to a child who is adopted from the custody of the division, without requiring that the child's parent terminate parental rights, or that the child's parent or legal guardian transfer or surrender custodial rights, in order to receive the services.
(b) The division may not require, request, or recommend that a parent terminate parental rights, or that a parent or guardian transfer or surrender custodial rights, in order to receive services, using out-of-home services funds, for a child who is adopted from the custody of the division.
(3)
(a) If a parent or guardian of a child who is adopted from the custody of the division requests vendor services from the division, the division shall refer the parent or guardian to a provider of vendor services, at the parent's or guardian's expense, if:
(i)
(A) the parent, guardian, or child is not eligible to receive the vendor services from the division; or
(B) the division does not have sufficient funds to provide the services to the parent, guardian, or child;
(ii) the parent, guardian, or child does not have insurance or other funds available to receive the services without the referral; and
(iii) the parent or guardian desires the referral.
(b) If the division awards, extends, or renews a contract with a vendor for vendor services, the division shall include in the contract a requirement that, if the division makes a referral under Subsection (3)(a), the vendor shall:
(i) provide services to the parent, guardian, or child at a rate that does not exceed the rate that the vendor charges the division for the services; and
(ii) may not charge the parent, guardian, or child any fee that the vendor does not charge the division.
(4) The division shall ensure that a child who is adopted and was previously in the division's custody, continues to receive the medical and mental health coverage that the child is entitled to under state and federal law.
Renumbered and Amended by Chapter 334, 2022 General Session