38-9-6
arrangement where appropriate. (e) Any record of the department or other agency pertaining
to such a person shall not be open for public inspection. Information in a record shall not
be disclosed publicly in such a manner as to identify individuals, but may be made available
on application for cause to persons approved by the commissioner of the department or by the
court. (f) Placement may be made in an appropriate alternative living arrangement such as
a licensed nursing home, licensed personal care facility, or approved foster care home.
No person shall be committed to a mental health facility under this chapter. A court may enter
orders granting the department additional time to locate an appropriate licensed facility
in which to place a person living in an unlicensed facility. (g) If the person is eligible
for the adult services program of the department, usual department policies shall be followed
in regard to fees or payments, or both. If the person's income or resources, or...
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26-10A-27
Section 26-10A-27 Stepparent adoptions. Any person may adopt his or her spouse's child according
to the provisions of this chapter, except that: (1) Before the filing of the petition for
adoption, the adoptee must have resided for a period of one year with the petitioner, unless
this filing provision is waived by the court for good cause shown; (2) No investigation under
Section 26-10A-19 shall occur unless otherwise directed by the court, and (3) No report of
fees and charges under Section 26-10A-23 shall be made unless ordered by the court. (Acts
1990, No. 90-554, p. 912, §27.)...
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26-10A-23
Section 26-10A-23 Fees and charges. (a) No person, organization, group, agency, or any legal
entity may accept any fee whatsoever for bringing the adopting parent or parents together
with the adoptee or the natural parents. A violation of this section shall be punished under
Section 26-10A-33. (b) Prior to payment, the petitioners must file with the court a full accounting
of all charges for expenses, fees, or services they or persons acting on their behalf will
be paying relating to the adoption. Payment may be made only with court approval except that
fees may be placed in an escrow account prior to court approval. The court may not refuse
to approve a fee for documented services on the sole basis that a child has not been placed.
The court shall approve all reasonable fees and expenses unless determined by the court to
be unreasonable based upon specific written findings of fact. (c) The petitioner must file
a sworn statement that is a full accounting of all disbursements paid in...
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22-52-10.6
Section 22-52-10.6 Petition for renewal of inpatient commitment order; probate court; special
judge; notice; hearing. (a) A petition for renewal of an inpatient commitment order may be
filed by the director of a state mental health facility or his designee at least 30 days prior
to the expiration of the current commitment order. The petition, together with a copy of the
original commitment order and copies of any subsequent renewal commitment orders, shall be
filed with the probate court of the county where the facility is located. The petition shall
explain in detail why renewal of the order is being requested, and shall further explain in
detail why less restrictive conditions of treatment are not appropriate. (b) Such probate
court may consider, hear, and enter appropriate orders pursuant to this section or may request
that the case be heard by a special judge of probate. (c) Whenever and wherever it shall become
necessary that a special judge of probate be provided to hear and...
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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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26-10C-1
Section 26-10C-1 Registration of putative fathers; notice of intent to claim paternity; release
of information. (a) The Department of Human Resources shall establish a putative father registry
which shall record the names, Social Security number, date of birth, and addresses of the
following: (1) Any person adjudicated by a court of this state to be the father of a child
born out of wedlock. (2) Any person who has filed with the registry before or after the birth
of a child born out of wedlock, a notice of intent to claim paternity of the child, which
includes the information required in subsection (c) below. (3) Any person adjudicated by a
court of another state or territory of the United States to be the father of a child born
out of wedlock, where a certified copy of the court order has been filed with the registry
by the person or any other person. (4) Any person who has filed with the registry an instrument
acknowledging paternity pursuant to Sections 26-11-1 to 26-11-3,...
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12-15-317
in the custody of the Department of Human Resources for 12 of the most recent 22 months. b.
If a child has been abandoned. c. If the parent has committed murder of another child of that
parent. d. If the parent has committed manslaughter of another child of that parent. e. If
the parent has aided, abetted, attempted, conspired, or solicited to commit murder or manslaughter
of another child of that parent. f. If the parent has committed a felony assault that has
resulted in serious bodily injury, as defined in paragraph c. of subdivision (5) of
subsection (a) of Section 12-15-319, to the child, to another child of the parent, or to the
other parent of the child. (2) Exceptions to mandatory filing shall include any of the following
factors: a. The child is being cared for by a relative. b. The Department of Human Resources
has documented in the individualized service plan, which shall be available for review by
the juvenile court, a compelling reason for determining that filing a...
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26-21-4
Section 26-21-4 Procedure for waiver of consent requirement - Notice to parents or guardian
prohibited; participation in proceedings; right to counsel; assistance in preparing petition;
confidentiality; contents of petition; precedence of proceeding; rules of procedure; waiver
of consent; guardian ad litem for interests of unborn child; findings and conclusions; appeal;
no fees or costs; related criminal charges. (a) A minor who elects not to seek or does not
or cannot for any reason, obtain consent from either of her parents or legal guardian, may
petition, on her own behalf, the juvenile court, or the court of equal standing, in the county
in which the minor resides or in the county in which the abortion is to be performed for a
waiver of the consent requirement of this chapter. Notice by the court to the minor's parents,
parent, or legal guardian shall not be required or permitted. The requirements and procedures
under this chapter shall apply and are available only to minors who...
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26-10A-7
Section 26-10A-7 Persons whose consents or relinquishment are required. (a) Consent to the
petitioner's adoption or relinquishment for adoption to the Department of Human Resources
or a licensed child placing agency shall be required of the following: (1) The adoptee, if
14 years of age or older, except where the court finds that the adoptee does not have the
mental capacity to give consent; (2) The adoptee's mother; (3) The adoptee's presumed father,
regardless of paternity, if: a. He and the adoptee's mother are or have been married to each
other and the adoptee was born during the marriage, or within 300 days after the marriage
was terminated by death, annulment, declaration of invalidity, or divorce, or after a decree
of separation was entered by a court; or b. Before the adoptee's birth, he and the adoptee's
mother have attempted to marry each other by a marriage solemnized in apparent compliance
with law, although the attempted marriage is or could be declared invalid, and, 1. If...
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26-10A-9
Section 26-10A-9 Implied consent or relinquishment. (a) A consent or relinquishment required
by Section 26-10A-7 may be implied by any of the following acts of a parent: (1) Abandonment
of the adoptee. Abandonment includes, but is not limited to, the failure of the father, with
reasonable knowledge of the pregnancy, to offer financial and/or emotional support for a period
of six months prior to the birth. (2) Leaving the adoptee without provision for his or her
identification for a period of 30 days. (3) Knowingly leaving the adoptee with others without
provision for support and without communication, or not otherwise maintaining a significant
parental relationship with the adoptee for a period of six months. (4) Receiving notification
of the pendency of the adoption proceedings under Section 26-10A-17 and failing to answer
or otherwise respond to the petition within 30 days. (5) Failing to comply with Section 26-10C-1.
(b) Implied consent under subsection (a) may not be withdrawn by...
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