CODING: Words stricken are deletions; words underlined are additions.

House Bill 0585c1

Florida House of Representatives - 1997 CS/HB 585 By the Committee on Family Law & Children and Representatives Murman, Frankel, Feeney, Lynn and Heyman 1 A bill to be entitled 2 An act relating to adoption of foster children; 3 amending s. 39.469, F.S.; allowing 4 communication or contact with siblings after 5 termination of parental rights; amending s. 6 63.022(2), F.S.; providing legislative intent 7 for continuing sibling contact; creating s. 8 63.0427, F.S.; providing for an adopted minor's 9 right to continued communication or contact 10 with siblings; providing an effective date. 11 12 Be It Enacted by the Legislature of the State of Florida: 13 14 Section 1. Subsection (5) of section 39.469, Florida 15 Statutes, is amended to read: 16 39.469 Powers of disposition; order of disposition.-- 17 (5) If the court terminates parental rights, it may, 18 as appropriate, order that the parents, siblings, or relatives 19 of the parent whose rights are terminated be allowed to 20 maintain some communication or contact with the child pending 21 adoption if the best interests of the child support this 22 continued communication or contact. If the court orders such 23 continued communication or contact, which may include but is 24 not limited to, visits, letters, and cards or telephone calls 25 the nature and frequency of the communication or contact must 26 be set forth in written order and may be reviewed upon motion 27 of any party, including, for purposes of this subsection, an 28 identified a prospective adoptive parent if a child has been 29 placed for adoption. If a child is placed for adoption, the 30 nature and frequency of the communication or contact must be 31 reviewed by the court at the time the child is adopted. 1 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 585 606-103-97 1 Section 2. Paragraph (m) is added to subsection (2) of 2 section 63.022, Florida Statutes, 1996 Supplement, to read: 3 63.022 Legislative intent.-- 4 (2) The basic safeguards intended to be provided by 5 this act are that: 6 (m) In dependency cases initiated by the department, 7 where termination of parental rights occurs, and siblings are 8 separated despite diligent efforts of the department, 9 continuing post-adoption communication or contact among the 10 siblings may be ordered by the court if found to be in the 11 best interests of the children. 12 Section 3. Section 63.0427, Florida Statutes, is 13 created to read: 14 63.0427 Adopted minor's right to continued 15 communication or contact with siblings.-- 16 (1) A child whose parents have had their parental 17 rights terminated and whose custody has been awarded to the 18 department pursuant to s. 39.469, and who is the subject of a 19 petition for adoption under this chapter, shall have the right 20 to have the court consider the appropriateness of 21 post-adoption communication or contact, including, but not 22 limited to, visits, letters and cards, or telephone calls, 23 with his or her siblings who are not included in the petition 24 for adoption. The court shall determine if the best interests 25 of the child support such continued communication or contact 26 and shall consider the following in making such determination: 27 (a) Any orders of the court pursuant to s. 39.469(5). 28 (b) Recommendations of the department, the foster 29 parents if other than the adoptive parents, and the guardian 30 ad litem. 31 (c) Statements of prospective adoptive parents. 2 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 585 606-103-97 1 (d) Any other information deemed relevant and material 2 by the court. 3 4 If the court determines that the child's best interests will 5 be served by post-adoption communication or contact with any 6 sibling, the court shall so order, stating the nature and 7 frequency for the communication or contact. This order shall 8 be made a part of the final adoption order, but in no event 9 shall continuing validity of the adoption be contingent upon 10 such post-adoption communication or contact, nor shall the 11 ability of the adoptive parents and child to change residence 12 within or outside the State of Florida be impaired by such 13 communication or contact. 14 (2) Notwithstanding the provisions of s. 63.162, the 15 adoptive parent may petition for review at any time of sibling 16 communication or contact ordered pursuant to subsection (1), 17 if the adoptive parent believes that the best interests of the 18 adopted child are being compromised, and the court shall have 19 authority to order the communication or contact to be 20 terminated, or to order such conditions in regard to 21 communication or contact as the court deems to be in the best 22 interests of the adopted child. As part of the review 23 process, the court may order the parties to engage in 24 mediation. The department shall not be required to be a party 25 to such review. 26 Section 4. This act shall take effect upon becoming a 27 law. 28 29 30 31 3