| (i) | | (A) | nonaccidental harm of a child; |
| (B) | threatened harm of a child; |
| (E) | human trafficking of a child in violation of Section 76-5-308. See Utah Code 80-1-102Adoptable child: means a child:| (a) | who is in the custody of the division; and |
| (b) | | (i) | who has permanency goals of adoption; or |
| (ii) | for whom a final plan for pursuing termination of parental rights is approved in accordance with Section 80-3-409. See Utah Code 80-2-801Adoption services: means , except as used in Section 80-2-806:| (a) | placing children for adoption; |
| (b) | subsidizing adoptions under Section 80-2-301; |
| (c) | supervising adoption placements until the adoption is finalized by a court; |
| (d) | conducting adoption studies; |
| (e) | preparing adoption reports upon request of the court; and |
| (f) | providing postadoptive placement services, upon request of a family, for the purpose of stabilizing a possible disruptive placement. See Utah Code 80-2-801Child: means , except as provided in Section 80-2-905, an individual who is under 18 years old. See Utah Code 80-1-102Child placing: means the same as that term is defined in Section 26B-2-101. See Utah Code 80-1-102Child-placing agency: means the same as that term is defined in Section 26B-2-101. See Utah Code 80-1-102dependency: means a child who is without proper care through no fault of the child's parent, guardian, or custodian. See Utah Code 80-1-102Division: means the Division of Child and Family Services created in Section 80-2-201. See Utah Code 80-2-102Indian child: means the same as that term is defined in 25 U. See Utah Code 80-1-102Neglect: means action or inaction causing:| (i) | abandonment of a child, except as provided in 5; |
| (ii) | lack of proper parental care of a child by reason of the fault or habits of the parent, guardian, or custodian; |
| (iii) | failure or refusal of a parent, guardian, or custodian to provide proper or necessary subsistence or medical care, or any other care necessary for the child's health, safety, morals, or well-being; |
| (iv) | a child to be at risk of being neglected or abused because another child in the same home is neglected or abused; |
| (v) | abandonment of a child through an unregulated child custody transfer under Section 78B-24-203; or |
| (vi) | educational neglect. See Utah Code 80-1-102Protective custody: means the shelter of a child by the Division of Child and Family Services from the time the child is removed from the home until the earlier of:| (a) | the day on which the shelter hearing is held under Section 80-3-301; or |
| (b) | the day on which the child is returned home. See Utah Code 80-1-102State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5 |
| (2) |
The division shall base the division’s decision for placement of an adoptable child for adoption on the best interest of the adoptable child. |
| (3) |
The division may not:
| (a) |
in accordance with Subsection 26B-2-127(6), place a child for adoption, either temporarily or permanently, with an individual who does not qualify for adoptive placement under Sections 78B-6-102, 78B-6-117, and 78B-6-137; |
| (b) |
consider a potential adoptive parent’s willingness or unwillingness to enter a postadoption contact agreement under Section 78B-6-146 as a condition of placing a child with a potential adoptive parent; or |
| (c) |
except as required under the Indian Child Welfare Act, 25 U.S.C. Secs. 1901 through 1963, base the division’s decision for placement of an adoptable child on the race, color, ethnicity, or national origin of either the child or the potential adoptive parent. |
|
| (5) |
Subsections (3) and (4) do not limit 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. § 1901 et seq. |
Amended by Chapter 330, 2023 General Session
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