63G-20-203.5.  Child-placing agencies.

(1)  As used in this section, “consortium” means a statewide consortium of child-placing agencies described in Subsection 62A-2-108.6(8).

Terms Used In Utah Code 63G-20-203.5

  • Child placing: means the same as that term is defined in Section 62A-2-101. See Utah Code 63G-20-102
  • Child-placing agency: means a private person that is engaged in child placing related to a child who is not in the custody of the state. See Utah Code 63G-20-102
  • Contract: A legal written agreement that becomes binding when signed.
  • State: 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
  • State or local government: means :
(a) a state government entity, agency, or instrumentality; or
(b) a local government entity, agency, or instrumentality. See Utah Code 63G-20-102
  • State or local government official: means an officer, employee, or appointee of a state or local government. See Utah Code 63G-20-102
    • (2)  Notwithstanding any other provision of law, a state or local government, a state or local government official, or another accrediting, certifying, or licensing body, including the Office of Licensing within the Department of Health and Human Services, may not:

    (a)  require a consortium-member child-placing agency to perform, assist, counsel, recommend, consent to, facilitate, or participate in child placing, with a qualified prospective adoptive parent, that is contrary to the child-placing agency’s religious teaching, practices, or sincerely held beliefs, or the good faith wishes of the birth mother as to the optimal placement of the child;

    (b)  deny a consortium-member child-placing agency any grant, contract, or participation in a government program because the child-placing agency cannot, consistent with the child-placing agency’s religious teaching, practices, or sincerely held beliefs, or consistent with the good faith wishes of the birth mother as to the optimal placement of the child, perform, assist, counsel, recommend, consent to, facilitate, or participate in a child placement with a qualified prospective adoptive parent; or

    (c)  deny an application for an initial license or accreditation, deny the renewal of a license or accreditation, or revoke the license or accreditation of a consortium-member child-placing agency that cannot, consistent with the child-placing agency’s religious teaching, practices, or sincerely held beliefs, or consistent with the good faith wishes of the birth mother as to the optimal placement of the child, perform, assist, counsel, recommend, consent to, facilitate, or participate in a child placement with a qualified prospective adoptive parent.

    (3) 

    (a)  A consortium-member child-placing agency that cannot, consistent with the child-placing agency’s religious teaching, practices, or sincerely held beliefs, or consistent with the good faith wishes of the birth mother as to the optimal placement of the child, perform, assist, counsel, recommend, consent to, facilitate, or participate in a child placement with a qualified prospective adoptive parent, shall refer the individual who is seeking child-placement services to another child-placing agency in the consortium.

    (b)  A referral by a child-placing agency under Subsection (3)(a) does not constitute a determination that a proposed placement is not in the best interest of the child.

    (4)  The fact that a consortium-member child-placing agency cannot, consistent with the child-placing agency’s religious teaching, practices, or sincerely held beliefs, or consistent with the good faith wishes of the birth mother as to the optimal placement of the child, perform, assist, counsel, recommend, consent to, facilitate, or participate in a child placement with a qualified prospective adoptive parent, may not form the basis for:

    (a)  the imposition of a civil fine or other adverse administrative action; or

    (b)  any claim or cause of action under any state or local law.

    Enacted by Chapter 466, 2023 General Session

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