Alternative Options & Services for Children v. Chapman

2004 UT App 488, 106 P.3d 744, 516 Utah Adv. Rep. 6, 2004 Utah App. LEXIS 552, 2004 WL 3015420
CourtCourt of Appeals of Utah
DecidedDecember 30, 2004
Docket20030186-CA
StatusPublished
Cited by4 cases

This text of 2004 UT App 488 (Alternative Options & Services for Children v. Chapman) is published on Counsel Stack Legal Research, covering Court of Appeals of Utah primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Alternative Options & Services for Children v. Chapman, 2004 UT App 488, 106 P.3d 744, 516 Utah Adv. Rep. 6, 2004 Utah App. LEXIS 552, 2004 WL 3015420 (Utah Ct. App. 2004).

Opinion

OPINION

ORME, Judge:

11 Plaintiffs sought a declaratory judgment regarding the Interstate Compact on Placement of Children and its application to expectant mothers who travel to Utah to deliver their children and place them for adoption. The trial court, concluding Plaintiffs failed to request relief for an alleged violation of their own rights, granted Defendants' motions to dismiss for lack of standing. We affirm in part, but reverse and remand in part.

BACKGROUND

2 The Interstate Compact on Placement of Children (ICPC) is a uniform law that has been enacted by all fifty states, the District of Columbia, and the U.S. Virgin Islands. See Secretariat to the Association of Administration of the Interstate Compact on the *746 Placement of Children, Guide to the Interstate Compact on the Placement of Children 2 (2001). Utah has adopted the ICPC, which is codified at Utah Code Ann. § 62A-4a-701 (2000). The purpose of the ICPC is to promote cooperation among the states in the interstate placement of children to ensure that the best interests of children are met. See Utah Code Ann. § 62A-4a-701 art. I.

13 Plaintiffs are three licensed adoption agencies located in Utah: Adoption Center of Choice, Inc.; A TLC Adoption, Inc.; and Alternative Options and Services for Children, which does business as "Act of Love." Act of Love and Adoption Center of Choice have taken this appeal and will be referred to collectively as "Appellants." Appellants inform us they are responsible for. protecting the best interests of children who are relinquished to them for adoption. In doing so, they are required to follow certain ICPC regulations intended to ensure that "[elach child requiring placement shall receive the maximum opportunity to be placed 'in a suitable environment and with persons or institutions having appropriate qualifications and facilities to provide necessary and desirable care." Id. § 624-4a-701 art. I(). It is undisputed that a violation of an ICPC provision can result in the suspension and revocation of an adoption agency's license.

T4 The ICPC provisions are designed to notify the appropriate authorities in the "receiving state" 1 of all the cireumstances surrounding the proposed placement. See id. § 62A-4a-701 art. IIHI(@2). Thus, the "sending agency" 2 is required to provide

the receiving state written notice of the intention to send, bring or place the child in the receiving state. The notice shall contain: -
(a) The name, date, and place of birth of the child.
(b) The identity and address or addresses of the parents or legal guardian.
(c) The name and address of the person, agency, or institution to or with which the sending agency proposes to send, bring, or place the child.
(d) A full statement of the reasons for such proposed action and evidence of the authority pursuant to which the placement is proposed to be made.

Id. The receiving state is then required to "notify the sending agency, in writing, ... that the proposed placement does not appear to be contrary to the interests of the child." Id. § 62A-4a-701 art. IIQ)(®.

T5 To manage the daily administrative tasks of the ICPC, each state appoints a Compact Administrator and one or more Deputy Administrators. At least as of the time the trial court acted, Michael Chapman was the Deputy Compact Administrator for Utah, with his office located within the Division of Child and Family Services (DCFS), a division of the Department of Human Services; Robin Arnold-Williams was the Executive Director of the Department of Human Services; and Janice P. Knaphus was a Licensing Specialist in the Office of Licensing within the Department of Human Services. These Defendants are collectively referred to as the "Utah Defendants."

T6 The Association of Administrators of the Interstate Compact on Placement of Children (AAICPC) is a private organization based in Washington D.C., the eligible members of which are the ICPC administrators for each state. Dennis Eshman heads the Secretariat Staff of the AAICPC. The American Public Human Services Association (APHSA) is a nonprofit corporation based in Washington D.C. that provides administrative services to various private, public-interest organizations, including the AAICPC. *747 These Defendants are collectively referred to as the "Association Defendants."

T7 The AAICPC issues advisory opinions regarding questions about the application of the ICPC. Opinion #49, issued by the AAICPC on June 30, 1986, advises that when an "expectant mother crosses a state line as part of the placement plan and arrangement [for the adoption of her unborn child], the transaction should be viewed as an interstate placement," and is therefore subject to the ICPC's notice requirements. On December 3, 2001, Knaphus notified all Utah licensed child placing agencies, including Appellants, that as of November 19, 2001, the Department of Human Services would use Opinion #49 as guidance and "utilize [this opinion] on all regulatory and licensing actions concerning child placing agencies where expectant mothers residing in another state travel to Utah to give birth and place their child for adoption." 3

18 On June 10, 2002, Plaintiffs filed a complaint in state court against Utah Defendants seeking declaratory and injunctive relief from the court. Plaintiffs alleged that "Opinion #49's interpretation of the ICPC and the consequent requirements defendants have imposed upon [P]laintiffs impair expectant mothers' constitutional rights." 4 Plaintiffs asked the court to declare "that the ICPC does not apply when an expectant mother travels to Utah to give birth in Utah" and place her child for adoption, as well as to enjoin Utah Defendants from enforcing the ICPC in the case of expectant mothers. Plaintiffs argued that because "[a] significant part of [their] businesses involve non-resident, expectant birth mothers who deliver their babies in Utah for adoption ... [they] will be irreparably harmed if Opinion # 49 is enforced against them."

T9 On August 9, 2002, Plaintiffs filed an amended complaint against Utah Defendants which added specific allegations addressing their own direct injury resulting from Utah Defendants' implementation of Opinion # 49. Specifically, the amended complaint de-seribed a situation where Act of Love facilitated an adoption for a mother from Pennsylvania who traveled to Utah to give birth and place her child for adoption. An adoption family was found in Colorado, but due to complications involving approval from the Pennsylvania ICPC administrator-who took the position that Pennsylvania was the sending agency, despite the fact that the baby was born in Utah-the process was significantly delayed, resulting in increased costs for Act of Love.

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Bluebook (online)
2004 UT App 488, 106 P.3d 744, 516 Utah Adv. Rep. 6, 2004 Utah App. LEXIS 552, 2004 WL 3015420, Counsel Stack Legal Research, https://law.counselstack.com/opinion/alternative-options-services-for-children-v-chapman-utahctapp-2004.