Full text of Utah Utah Code § 80-2-805 — Division post-adoption services and contracts -- Access to health care for an adopted child., with citation guidance and answers to common questions.
§ 80-2-805. Division post-adoption services and contracts -- Access to health care for an adopted child.
Effective 9/1/2022
80-2-805.
Division post-adoption services and contracts -- Access to health care for an adopted child.
| (1) |
Unless a parent or guardian of a child who is adopted from the custody of the division expressly requests otherwise, the division may not, solely on the basis that the parent or guardian contacts the division regarding services or requests services from the division:
| (a) |
remove or facilitate the removal of a child from the child's home; |
| (b) |
file a petition for removal of a child from the child's home; |
| (c) |
file a petition for a child protective order; |
| (d) |
make a supported finding; |
| (e) |
seek a substantiated finding; |
| (f) |
file an abuse, neglect, or dependency petition, as defined in Section 80-3-102, or a petition alleging that a child is abandoned; or |
| (g) |
file a petition for termination of parental rights, as defined in Section 80-4-102. |
|
| (2) |
| (a) |
The division shall, to the extent that sufficient funds are available, use out-of-home services funds or division-designated post-adopt funds to provide services to a child who is adopted from the custody of the division, without requiring that the child's parent terminate parental rights, or that the child's parent or legal guardian transfer or surrender custodial rights, in order to receive the services. |
| (b) |
The division may not require, request, or recommend that a parent terminate parental rights, or that a parent or guardian transfer or surrender custodial rights, in order to receive services, using out-of-home services funds, for a child who is adopted from the custody of the division. |
|
| (3) |
| (a) |
If a parent or guardian of a child who is adopted from the custody of the division requests vendor services from the division, the division shall refer the parent or guardian to a provider of vendor services, at the parent's or guardian's expense, if:
| (i) |
| (A) |
the parent, guardian, or child is not eligible to receive the vendor services from the division; or |
| (B) |
the division does not have sufficient funds to provide the services to the parent, guardian, or child; |
|
| (ii) |
the parent, guardian, or child does not have insurance or other funds available to receive the services without the referral; and |
| (iii) |
the parent or guardian desires the referral. |
|
| (b) |
If the division awards, extends, or renews a contract with a vendor for vendor services, the division shall include in the contract a requirement that, if the division makes a referral under Subsection (3)(a), the vendor shall:
| (i) |
provide services to the parent, guardian, or child at a rate that does not exceed the rate that the vendor charges the division for the services; and |
| (ii) |
may not charge the parent, guardian, or child any fee that the vendor does not charge the division. |
|
|
| (4) |
The division shall ensure that a child who is adopted and was previously in the division's custody, continues to receive the medical and mental health coverage that the child is entitled to under state and federal law. |
Renumbered and Amended by Chapter
334, 2022 General Session
Frequently Asked Questions About Utah § 80-2-805
What does Utah Code § 80-2-805 cover?
Section 80-2-805 ("Division post-adoption services and contracts -- Access to health care for an adopted child.") is part of the Utah Code, the codified statutory law of Utah. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Utah § 80-2-805?
A common citation format is "Utah Code § 80-2-805" (Utah). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Utah law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Utah official source linked on this page or consult a licensed Utah attorney.
How does Utah § 80-2-805 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Utah can advise on how this section applies to you. Contact your state or local bar association for a referral.
