House Bill 0585e1

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                                    CS/HB 585, First Engrossed/ntc



  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:

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14         Section 1.  Subsection (7) of section 39.469, Florida

15  Statutes, is amended to read:

16         39.469  Powers of disposition; order of disposition.--

17         (7)  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.


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






                                    CS/HB 585, First Engrossed/ntc



  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(7).

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.


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                                    CS/HB 585, First Engrossed/ntc



  1         (d)  Any other information deemed relevant and material

  2  by the court.

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  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.

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