CODING: Words stricken are deletions; words underlined are additions.Senate Bill 0264
Florida Senate - 1998 SB 264
By Senator Rossin
35-11-98
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 between a child and
5 siblings of a parent whose rights are
6 terminated; amending s. 63.022, F.S.; providing
7 legislative intent for continuing sibling
8 contact; creating s. 63.0427, F.S.; providing
9 for an adopted minor's right to continued
10 communication or contact with siblings;
11 providing an effective date.
12
13 Be It Enacted by the Legislature of the State of Florida:
14
15 Section 1. Subsection (7) of section 39.469, Florida
16 Statutes, is amended to read:
17 39.469 Powers of disposition; order of disposition.--
18 (7) If the court terminates parental rights, it may,
19 as appropriate, order that the parents, siblings, or relatives
20 of the parent whose rights are terminated be allowed to
21 maintain some communication or contact with the child pending
22 adoption if the best interests of the child support this
23 continued communication or contact. If the court orders such
24 continued communication or contact, which may include visits,
25 letters, cards, or telephone calls, the nature and frequency
26 of the communication or contact must be set forth in written
27 order and may be reviewed upon motion of any party, including
28 an identified a prospective adoptive parent if a child has
29 been placed for adoption. If a child is placed for adoption,
30 the nature and frequency of the communication or contact must
31 be reviewed by the court at the time the child is adopted.
1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1998 SB 264
35-11-98
1 Section 2. Paragraph (m) is added to subsection (2) of
2 section 63.022, Florida Statutes, 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 if a 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, has the right to
20 have the court consider the appropriateness of post-adoption
21 communication or contact, including, but not limited to,
22 visits, letters and cards, or telephone calls, with his or her
23 siblings who are not included in the petition for adoption.
24 The court shall determine if the best interests of the child
25 support such continued communication or contact and shall
26 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 Senate - 1998 SB 264
35-11-98
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 be impaired by such communication
13 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 under subsection (1), if the
17 adoptive parent believes that the best interests of the
18 adopted child are being compromised, and the court may order
19 the communication or contact to be terminated, or to order
20 such conditions in regard to communication or contact as the
21 court determines to be in the best interests of the adopted
22 child. As part of the review process, the court may order the
23 parties to engage in mediation. The department is not
24 required to be a party to such review.
25 Section 4. This act shall take effect upon becoming a
26 law.
27
28
29
30
31
3
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1998 SB 264
35-11-98
1 *****************************************
2 SENATE SUMMARY
3 Authorizes a court that terminates parental rights to
order that siblings of the parent whose rights are
4 terminated be allowed to maintain communication or
contact with the child pending adoption if it is in the
5 child's best interest. Provides that on dependency cases,
initiated by the Department of Children and Family
6 Services, if termination of parental rights occurs and
siblings are separated, the court may order continuing
7 post-adoption communication or contact among the
siblings. Provides a child who is the subject of a
8 petition for adoption with the right to have a court
consider the appropriateness of communication or contact
9 with a sibling.
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
4