Section 108.6 – Child placing licensure requirements — Prohibited acts.

Effective 9/1/2022
62A-2-108.6. Child placing licensure requirements — Prohibited acts.

• (1) As used in this section:
  • (a)
    • (i) “Advertisement” means any written, oral, or graphic statement or representation made in connection with a solicitation of business.
    • (ii) “Advertisement” includes a statement or representation described in Subsection (1)(a)(i) by a noncable television system, radio, printed brochure, newspaper, leaflet, flyer, circular, billboard, banner, Internet website, social media, or sign.
  • (b) “Birth parent” means the same as that term is defined in Section 78B-6-103.
  • (c) “Clearly and conspicuously disclose” means the same as that term is defined in Section 13-11a-2.
  • (d)
    • (i) “Matching advertisement” means any written, oral, or graphic statement or representation made in connection with a solicitation of business to provide the assistance described in Subsection (3)(a)(i), regardless of whether there is or will be an exchange described in Subsection (3)(a)(ii).
    • (ii) “Matching advertisement” includes a statement or representation described in Subsection (1)(d)(i) by a noncable television system, radio, printed brochure, newspaper, leaflet, flyer, circular, billboard, banner, Internet website, social media, or sign.

• (2)
  • (a) Subject to Section 78B-24-205, a person may not engage in child placing, or solicit money or other assistance for child placing, without a valid license issued by the office in accordance with this chapter.
  • (b) If a child-placing agency’s license is suspended or revoked in accordance with this chapter, the care, control, or custody of any child who is in the care, control, or custody of the child-placing agency shall be transferred to the Division of Child and Family Services.

• (3)
  • (a)
    • (i) An attorney, physician, or other person may assist:
      • (A) a birth parent to identify or locate a prospective adoptive parent who is interested in adopting the birth parent’s child; or
      • (B) a prospective adoptive parent to identify or locate a child to be adopted.
    • (ii) A payment, charge, fee, reimbursement of expense, or exchange of value of any kind, or promise or agreement to make the same, may not be made for the assistance described in Subsection (3)(a)(i).
  • (b) An attorney, physician, or other person may not:
    • (i) issue or cause to be issued to any person a card, sign, or device indicating that the attorney, physician, or other person is available to provide the assistance described in Subsection (3)(a)(i);
    • (ii) cause, permit, or allow any sign or marking indicating that the attorney, physician, or other person is available to provide the assistance described in Subsection (3)(a)(i), on or in any building or structure;
    • (iii) announce, cause, permit, or allow an announcement indicating that the attorney, physician, or other person is available to provide the assistance described in Subsection (3)(a)(i), to appear in any newspaper, magazine, directory, on radio or television, or an Internet website relating to a business;
    • (iv) announce, cause, permit, or allow a matching advertisement; or
    • (v) announce, cause, permit, or allow an advertisement that indicates or implies the attorney, physician, or other person is available to provide the assistance described in Subsection (3)(a)(i) as part of, or related to, other adoption-related services by using any of the following terms:
      • (A) “comprehensive”;
      • (B) “complete”;
      • (C) “one-stop”;
      • (D) “all-inclusive”; or
      • (E) any other term similar to the terms described in Subsections (3)(b)(v)(A) through (D).
  • (c) An attorney, physician, or other person who is not licensed by the office shall clearly and conspicuously disclose in any print media advertisement or written contract regarding adoption services or adoption-related services that the attorney, physician, or other person is not licensed to provide adoption services by the office.

• (4) A person who intentionally or knowingly violates Subsection (2) or (3) is guilty of a third degree felony.

• (5) This section does not preclude payment of fees for medical, legal, or other lawful services rendered in connection with the care of a mother, delivery and care of a child, or lawful adoption proceedings.

• (6) In accordance with federal law, only an agent or employee of the Division of Child and Family Services or of a licensed child-placing agency may certify to United States Citizenship and Immigration Services that a family meets the preadoption requirements of the Division of Child and Family Services.

• (7) A licensed child-placing agency or an attorney practicing in this state may not place a child for adoption, either temporarily or permanently, with an individual who would not be qualified for adoptive placement under Sections 78B-6-102, 78B-6-117, and 78B-6-137.

Amended by Chapter 287, 2022 General Session
Amended by Chapter 326, 2022 General Session
Renumbered and Amended by Chapter 334, 2022 General Session
Amended by Chapter 334, 2022 General Session, (Coordination Clause)