Fla. Admin. Code Ann. R. 65C-16.020 - Communication or Contact
(1) This rule
applies to communication or contact between a child who is the subject of a
petition for adoption under Chapter 63, F.S., and his or her siblings or other
relatives, after:
(a) The parents' rights to
the child have been terminated; and,
(b) The child's custody has been awarded to
the Department pursuant to Section
39.811, F.S.
(2) Communication or Contact Pending
Adoption.
(a) The Department shall make a
recommendation to the court regarding the appropriateness of communication or
contact with the child's siblings and other relatives for the period of time
after the termination of parental rights and prior to adoption.
(b) The Department's recommendation shall
include:
1. A statement and rationale as to
why the recommended communication or contact with each specified relative is in
the best interest of the child and does not interfere with the permanency goal
for the child.
2. A recommendation
for the nature and frequency communication or contact with each specified
relative.
3. A justification for
any recommendations against communication or contact with siblings and
grandparents.
(3) Communication or Contact Post-Adoption.
(a) Prior to the termination of parental
rights, the Department shall have discussions with the child, if age
appropriate, and the prospective adoptive parent, if known, to identify any
siblings or other relatives who may be appropriate for post-adoption
communication or contact with the child. When the prospective adoptive parent
is identified after the termination of parental rights, this discussion must
occur prior to adoptive placement. During these discussions, the Department
shall convey the following information to the prospective adoptive parent:
1. That the Department shall make a
recommendation regarding post-adoption communication or contact to the
court.
2. That the adoptive parent
shall retain the right to petition for a review of the communication or contact
order issued in the final order of the adoption at any time.
3. That the validity of the adoption shall
not be contingent upon the adoptive parent following the terms of the
post-adoption communication or contact arrangement stated in the final order of
adoption.
4. That the adoptive
parent shall not have his or her ability to change residence within or outside
the State of Florida restrained because of the post-adoption communication or
contact arrangement stated in the final order of adoption.
(b) The Department shall make a
recommendation to the court regarding post-adoption communication or contact
with the child's siblings and other relatives.
1. Siblings. The Department's recommendation
to the court regarding post-adoption communication or contact with the child's
siblings shall address communication or contact with each sibling known to the
Department at the time of the adoption's finalization, regardless of whether
the sibling has been previously adopted.
a. If
the child's sibling has been previously adopted, the Department must take into
account the provisions regarding post-adoption communication in the final order
of adoption for that sibling. The Department shall not recommend post-adoption
communication or contact with a sibling where the communication or contact will
violate the sibling's final order of adoption.
b. The Department shall provide a
justification for all recommendations against communication or contact with
siblings known to the Department at the time of the adoption's
finalization.
2. Other
Relatives. Excluding siblings, the Department shall not recommend post-adoption
communication or contact with any relative without the agreement of the
prospective adoptive parent. The Department, in making its recommendation to
the court, shall provide a recommendation for the nature and frequency of
post-adoption communication or contact with the specified
relatives.
Notes
Rulemaking Authority 63.233 FS. Law Implemented 63.0427 FS.
New 7-7-16.
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