Utah Code 80-2-801. Definitions

80-2-801. Definitions.
As used in this part:

(1)

“Adoptable child” means a child:

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Terms Used In Utah Code 80-2-801

Child: means , except as provided in Section 80-2-905, an individual who is under 18 years old. See Utah Code 80-1-102
Child who has a special need: means a child who:

(a)	cannot or should not be returned to the home of the child's biological parents; and

(b)

(i)	is five years old or older;

(ii)	is under 18 years old with a physical, emotional, or mental disability; or

(iii)

is a member of a sibling group placed together for adoption. See Utah Code 80-2-801

Contract: A legal written agreement that becomes binding when signed.

Division: means the Division of Child and Family Services created in Section 80-2-201. See Utah Code 80-2-102

Monthly subsidy: means financial support to assist with the costs of adopting and caring for a child who has a special need. See Utah Code 80-2-801

Nonrecurring adoption expenses: means reasonably necessary adoption fees, court costs, attorney's fees, and other expenses which are directly related to the legal adoption of a child who has a special need. See Utah Code 80-2-801

Person: means :Utah Code 68-3-12.5

Sibling: means a child who shares or has shared at least one parent in common either by blood or adoption. See Utah Code 80-2-102

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 medical assistance: means the Medicaid program and medical assistance as those terms are defined in Section 26-18-2. See Utah Code 80-2-801

Termination of parental rights: means the permanent elimination of all parental rights and duties, including residual parental rights and duties, by court order. See Utah Code 80-1-102

(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.

(2)

(a)	“Adoption assistance” means, except as provided in Section 80-2-809, direct financial subsidies and support to adoptive parents of a child with special needs or whose need or condition has created a barrier that would prevent a successful adoption.

(b)	“Adoption assistance” includes state medical assistance, reimbursement of nonrecurring adoption expenses, or monthly subsidies.

(3)

“Adoption 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.

(4)

“Child who has a special need” means a child who:

(a)	cannot or should not be returned to the home of the child’s biological parents; and

(b)

(i)	is five years old or older;

(ii)	is under 18 years old with a physical, emotional, or mental disability; or

(iii)

is a member of a sibling group placed together for adoption.

(5)	“Monthly subsidy” means financial support to assist with the costs of adopting and caring for a child who has a special need.

(6)	“Nonrecurring adoption expenses” means reasonably necessary adoption fees, court costs, attorney’s fees, and other expenses which are directly related to the legal adoption of a child who has a special need.

(7)	“State medical assistance” means the Medicaid program and medical assistance as those terms are defined in Section 26-18-2.

(8)	“Supplemental adoption assistance” means financial support for extraordinary, infrequent, or uncommon documented needs not otherwise covered by a monthly subsidy, state medical assistance, or other public benefits for which a child who has a special need is eligible.

(9)	“Vendor services” means services that a person provides under contract with the division.

Renumbered and Amended by Chapter 334, 2022 General Session

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