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26-10A-19
Section 26-10A-19 Investigation. (a) A pre-placement investigation shall be made to determine
the suitability of each petitioner and the home in which the adoptee will be placed. The investigation
shall include a criminal background investigation and any other circumstances which might
be relevant to the placement of an adoptee with the petitioners. A copy of the pre-placement
investigation shall be filed with the court when the petition for adoption is filed. (b) An
individual or couple may initiate a pre-placement investigation by request directly through
the Department of Human Resources or a licensed child placing agency or by filing a request
with the probate court. The court may appoint any agency or individual qualified under subsection
(d) to perform the pre-placement investigation. Upon completion of the investigation, a copy
of the report shall be sent to the petitioners. The report is to be filed with the court at
the time of the filing of the petition for adoption. (c)...
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43-8-48
Section 43-8-48 Parent and child relationship. If, for purposes of intestate succession, a
relationship of parent and child must be established to determine succession by, through,
or from a person: (1) An adopted person is the child of an adopting parent and not of the
natural parents except that adoption of a child by the spouse of a natural parent has no effect
on the right of the child to inherit from or through either natural parent; (2) In cases not
covered by subdivision (1) of this section, a person born out of wedlock is a child of the
mother. That person is also a child of the father, if: a. The natural parents participated
in a marriage ceremony before or after the birth of the child, even though the attempted marriage
is void; or b. The paternity is established by an adjudication before the death of the father
or is established thereafter by clear and convincing proof, but the paternity established
under this paragraph is ineffective to qualify the father or his kindred to...
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22-9A-11.1
Section 22-9A-11.1 Issuance of Certificate of Foreign Birth without judicial proceedings. (a)
A child who has automatically acquired United States citizenship following a foreign adoption
and who possesses a Certificate of Citizenship in accordance with the Child Citizenship Act,
CAA, P.L. 106-395, shall be exempt from the provisions of Section 22-9A-11, which require
a judicial report to acquire a Certificate of Foreign Birth. (b) The State Registrar, upon
written request, shall prepare a Certificate of Foreign Birth reflecting the actual date and
place of birth for a child who was born in a foreign country, adopted by a United States citizen,
and who has automatically acquired citizenship in accordance with the federal Child Citizenship
Act upon the production of all of the following documents: (1) The child's Certificate of
Citizenship. (2) A certified copy of the child's foreign birth certificate and certified English
translation. (3) The original documents related to the foreign...
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30-3B-102
Section 30-3B-102 Definitions. In this chapter, the following terms shall have the following
meanings: (1) ABANDONED. Left without provision for reasonable and necessary care or supervision.
(2) CHILD. An individual who has not attained 19 years of age. (3) CHILD CUSTODY DETERMINATION.
A judgment, decree, or other order of a court providing for the legal custody, physical custody,
or visitation with respect to a child. The term includes a permanent, temporary, initial,
and modification order. The term does not include an order relating to child support or other
monetary obligation of an individual. (4) CHILD CUSTODY PROCEEDING. A proceeding in a court
in which legal custody, physical custody, or visitation with respect to a child is an issue.
The term includes a proceeding for divorce, separation, neglect, abuse, dependency, guardianship,
paternity, termination of parental rights, and protection from domestic violence, in which
the issue may appear. The term does not include a court...
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12-15-315
Section 12-15-315 Permanency hearing for Department of Human Resources cases only. (a) Within
12 months of the date a child is removed from the home and placed in out-of-home care, and
not less frequently than every 12 months thereafter during the continuation of the child in
out-of-home care, the juvenile court shall hold a permanency hearing. The Department of Human
Resources shall present to the juvenile court at the hearing a permanent plan for the child.
The juvenile court shall consult with the child, in an age-appropriate manner, regarding the
permanency plan and any transition plan to independent living. If a permanent plan is not
presented to the juvenile court at this hearing, there shall be a rebuttable presumption that
the child should be returned home. This provision is intended to ensure that a permanent plan
is prepared by the Department of Human Resources and presented to the juvenile court within
12 months of the placement of any child in foster care and no less...
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26-10-25
Section 26-10-25 Subsidies - Agreements; type; amount; duration; limitation. When parents are
found and approved for adoption of a child certified as eligible for subsidy, and before the
final decree of adoption is issued, there must be a written agreement between the State Department
of Human Resources and the adopting family as to the terms and conditions of the subsidy.
Upon determination of eligibility, adoption subsidies in individual cases may commence at
any time after the adoption placement or at the appropriate time after the adoption decree,
and will vary with the needs of the child and as negotiated with the adoptive parent or parents,
and according to, as well as the availability of, other resources to meet the child's needs.
The subsidy may be for special services only, or for money payments, payment deferred, and
either for a limited period, or for a long term, or for any combination of the foregoing.
The amount of the time-limited or long-term subsidy may in no case...
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30-3D-311
Section 30-3D-311 Pleadings and accompanying documents. (a) In a proceeding under this chapter,
a petitioner seeking to establish a support order, to determine parentage of a child, or to
register and modify a support order of a tribunal of another state or a foreign country must
file a petition. Unless otherwise ordered under Section 30-3D-312, the petition or accompanying
documents must provide, so far as known, the name, residential address, and Social Security
numbers of the obligor and the obligee or the parent and alleged parent, and the name, sex,
residential address, Social Security number, and date of birth of each child for whose benefit
support is sought or whose parentage is to be determined. Unless filed at the time of registration,
the petition must be accompanied by a copy of any support order known to have been issued
by another tribunal. The petition may include any other information that may assist in locating
or identifying the respondent. (b) The petition must...
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12-15-301
is a relative of the child and has been providing care and support for the child while the
child has been residing in the home of the caregiver for at least the last six consecutive
months while in the legal custody of the Department of Human Resources or a designated official
for a child-placing agency or a successor guardian. (4) CHILD ABUSE. Harm or the risk of harm
to the emotional health, physical health, or welfare of a child, which can occur through nonaccidental
physical or mental injury, sexual abuse, or attempted sexual abuse or sexual exploitation
or attempted sexual exploitation. (5) CHILD-PLACING AGENCY. The same as the term is defined
in subdivision (3) of Section 38-7-2. (6) ELIGIBLE CHILD. In addition to the definition of
child in subdivision (3) of Section 12-15-102, an individual under 18 years of age who has
been residing with the caregiver for at least the last six consecutive months while in the
legal custody of the Department of Human Resources. (7) FORENSIC...
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38-12-2
Section 38-12-2 Program established. (a) There is established a Kinship Foster Care Program
in the State Department of Human Resources. (b) When a child has been removed from his or
her home and is in the care, custody, or guardianship of the department, the department shall
attempt to place the child with a relative for kinship foster care. If the relative is approved
by the department to provide foster care services, in accordance with rules and regulations
adopted by the department regarding foster care services, and a placement with the relative
is made, the relative may receive payment for the full foster care rate only as provided by
federal law for the care of the child and any other benefits that might be available to foster
parents, whether in money or in services. Foster care payments shall cease upon the effective
date of the kinship subsidiary payments or as provided by the department. (c) The department
shall establish standards for becoming a kinship foster parent as...
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26-10A-32
Section 26-10A-32 Birth certificates. (a) Within 10 days of the final decree being entered
the judge or the clerk of the court shall send a copy of the final order to the Department
of Human Resources and shall send a certificate of the final order of adoption to the State
Registrar of Vital Statistics of the State Board of Health upon the form supplied by the state
registrar for that purpose. (b) Upon receipt of copy of any final order of adoption the State
Registrar of Vital Statistics shall cause to be made a new record of the birth in the new
name and with the name or names of the adopting parent or parents as contained in the final
decree. The state registrar shall then cause to be sealed and filed the original certificate
of birth with the decree of the court. (c) Except as otherwise provided by subsection (c)
of Section 22-9A-12, after the new birth certificate has been issued, the original birth certificate
and the evidence of adoption are not subject to inspection except upon...
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