80-2-802. Division child placing and adoption services -- Restrictions on placement of a child.
(1) Except as provided in Subsection, the division may provide adoption services and, as a licensed child-placing agency under, engage in child placing in accordance with this chapter,,, and. (3) Title 26B, Chapter 2, Part 1, Human Services Programs and Facilities Chapter 2a, Removal and Protective Custody of a Child Chapter 3, Abuse, Neglect, and Dependency Proceedings Chapter 4, Termination and Restoration of Parental Rights
(2) The division shall base the division's decision for placement of an adoptable child for adoption on the best interest of the adoptable child.
(3) The division may not: in accordance with Subsection, place a child for adoption, either temporarily or permanently, with an individual who does not qualify for adoptive placement under Sections,, and; 26B-2-127(7) 81-13-202 81-13-203 81-13-402 consider a potential adoptive parent's willingness or unwillingness to enter a postadoption contact agreement under Sectionas a condition of placing a child with a potential adoptive parent; or 81-13-216 except as required under the Indian Child Welfare Act, 25 U.S.C. Secs. 1901 through 1963, base the division's decision for placement of an adoptable child on the race, color, ethnicity, or national origin of either the child or the potential adoptive parent.
(4) The division shall establish a rule in accordance with, providing that, subject to Subsectionand Section, priority of placement shall be provided to a family in which a couple is legally married under the laws of the state. Title 63G, Chapter 3, Utah Administrative Rulemaking Act (3) 81-13-402
(5) Subsectionsanddo not limit the placement of a child with the child's parent or relative or in accordance with the Indian Child Welfare Act, 25 U.S.C. Sec. 1901 et seq. (3) (4)