Utah Administrative Code
Topic - Human Services
Title R501 - Human Services Program Licensing
Rule R501-7 - Child Placing Adoption Agencies
Section R501-7-10 - Intercountry Adoptions
Universal Citation: UT Admin Code R 501-7-10
Current through Bulletin 2024-06, March 15, 2024
(1) All intercountry adoptions are considered high needs per 62A-4a-601 and require compliance with 62A-4a-609.
(2) In addition to complying with all other rules, laws and statutes regarding adoption, a child placing adoption agency that is a primary provider of inter-country placement services shall document that it has complied with all applicable laws and regulations of the United States and the child's country of origin, and including:
(a) the agency is Hague accredited by a
Department of State approved accrediting body;
(b) the child is legally freed for adoption
in the country of origin;
(c) the
agency verifies and maintains documentation and agreements regarding the
credentials and qualifications of all associates working in their behalf in
foreign countries; and
(d)
information was provided to the adopting parents about naturalization and US
citizenship proceedings.
(3) A child placing adoption agency that provides intercountry adoption services shall:
(a) comply with all fee requirements from
R501-7-6;
(b) establish additional policies and
procedures to be provided to the adoptive parent applicant(s) regarding:
(i) agency and adoptive parent(s)
responsibilities regarding intercounty adoption;
(ii) post adopt responsibilities;
(iii) identification and disclosure of
medical risks in intercountry adoption;
(iv) service planning; and
(v) establish an official and recorded method
of fund transfers to avoid the use of direct cash transactions to pay for
adoption services in other countries;
(c) additionally include in the written
agency fee disclosure required in
R501-7-6 the
following:
(i) itemization of all services
and total cost of providing adoption in the child's country of origin and
disclosure of whether the fees are paid directly or through the agency to
include:
(A) foreign country/legal
fees;
(B) cost of documents
required by the agency and by the foreign government as well as costs of
apostille or authentication of these documents;
(C) required fees paid to USCIS;
(D) estimated costs of travel to the foreign
country;
(E) translation of
documents provided to the foreign adoption officials;
(F) costs of child care;
(G) parent education costs;
(H) adopted child passport;
(I) USCIS-required medical exam costs;
(J) immunization expenses; and
(K) any other miscellaneous fees
that may apply;
(ii)
itemization of any mandatory payments to child welfare programs in the country
of origin including:
(A) any fixed
contributions amounts;
(B) intended
use of payments; and
(C) manner in
which the transaction will be recorded and accounted
for;
(d)
provide all applicants with written policies governing refunds;
(e) notify adoptive applicants within ten
business days when information is received that a foreign country is suspending
its adoption program;
(f) verify
and maintain documentation regarding the credentials and qualifications of
agents working in their behalf in foreign countries; and
(g) in addition to adoptive parent(s) and
child file content requirements in
R501-7-11,
intercountry adoption files shall also include:
(i) signed agency agreements and/or
contracts;
(ii) USCIS approval to
proceed with a foreign adoption;
(iii) copies of adoption documents required
by the adoption officials in the foreign country;
(iv) copies of all child information provided
by the foreign country;
(v)
post-adoption reports required by the foreign country; and
(vi) copy of the adoption finalization from
the foreign country.
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