§ 19-5-206 — Placement for purposes of adoption

(1) A placement of any child
legally available for adoption pursuant to section 19-5-203 (1)(a), (1)(b), (1)(c), or
(1)(g) must not be made for the purposes of adoption except by the court pursuant
to section 19-5-104 (2), the county department of human or social services, or a
licensed child placement agency.

(2) (a) In child welfare cases, a child's best interests shall be the primary
consideration for a court, county department, or licensed child placement agency in
making determinations concerning the placement of the child for the purpose of
adoption.

(b) (Deleted by amendment, L. 2010, (HB 10-1106), ch. 278, p. 1272, � 2,
effective May 26, 2010.)

(c) An agency that has responsibility for placing children out of the home
shall use good faith efforts and due diligence to recruit and retain prospective
foster and adoptive families from communities that reflect the racial, ethnic,
cultural, and linguistic backgrounds of the children in the agency's care.

(d) In making determinations concerning the placement of a child for the
purpose of adoption, a court, county department, or licensed child placement
agency may, under extraordinary circumstances, consider the racial or ethnic
background, color, or national origin of:

(I) The child; or

(II) A family who has submitted an application to adopt.

(e) A court, county department, or licensed child placement agency shall not
delay a foster or adoptive placement of a child as a result of the racial or ethnic
background, color, or national origin of:

(I) The child; or

(II) A family who has submitted an application to foster or adopt a child.

(f) In private adoption cases, a birth parent or birth parents may designate a
specific applicant with whom they may wish to place their child for purposes of
adoption. After assessment and approval of the potential adoptive parents and
subsequent relinquishment of the child, the court shall grant guardianship of the
child to a person or agency described in section 19-5-104 (1) until finalization of
adoptive placement.

(g) The court may waive the assessment and approval of the potential
adoptive parents in cases involving kinship or custodial adoption or may determine
and order the kind of information or written report it deems necessary for the
assessment and approval of the potential adoptive parents, including an
abbreviated home study or home evaluation. The court may proceed to finalize such
adoptive placement upon finding that the placement is in the best interests of the
child.

(3) (Deleted by amendment, L. 2010, (HB 10-1106), ch. 278, p. 1272, � 2,
effective May 26, 2010.)

Legislative History

Source: L. 87: Entire title R&RE, p. 807, � 1, effective October 1. L. 89: (2) amended, p. 938, � 2, effective March 21. L. 94: (2) amended, p. 71, � 1, effective March 15; (3) added, p. 673, � 2, effective July 1. L. 99: (2) amended, p. 1063, � 4, effective June 1. L. 2010: (2) and (3) amended, (HB 10-1106), ch. 278, p. 1272, � 2, effective May 26. L. 2018: (1) amended, (SB 18-092), ch. 38, p. 427, � 71, effective August 8.