78B-6-131 - Child in custody of state -- Placement.
78B-6-131. Child in custody of state -- Placement.
(1) Notwithstanding Sections 78B-6-128 through 78B-6-130, and except as provided inSubsection (2), a child who is in the legal custody of the state may not be placed with aprospective foster parent or a prospective adoptive parent, unless, before the child is placed withthe prospective foster parent or the prospective adoptive parent:
(a) a fingerprint based FBI national criminal history records check is conducted on theprospective foster parent or prospective adoptive parent;
(b) the Department of Human Services conducts a check of the child abuse and neglectregistry in each state where the prospective foster parent or prospective adoptive parent resided inthe five years immediately preceding the day on which the prospective foster parent orprospective adoptive parent applied to be a foster parent or adoptive parent, to determine whetherthe prospective foster parent or prospective adoptive parent is listed in the registry as having asubstantiated or supported finding of child abuse or neglect;
(c) the Department of Human Services conducts a check of the child abuse and neglectregistry of each state where each adult living in the home of the prospective foster parent orprospective adoptive parent described in Subsection (1)(b) resided in the five years immediatelypreceding the day on which the prospective foster parent or prospective adoptive parent appliedto be a foster parent or adoptive parent, to determine whether the adult is listed in the registry ashaving a substantiated or supported finding of child abuse or neglect; and
(d) each person required to undergo a background check described in this section passesthe 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, 78A-6-307, or 78A-6-307.5; or
(ii) a relative, under Section 62A-4a-209, 78A-6-307, or 78A-6-307.5, pendingcompletion of the background check described in Subsection (1).
Enacted by Chapter 3, 2008 General Session
Amended by Chapter 17, 2008 General Session