§ 15-7-14.1 Decree of open adoption.– (a) At the time an adoption decree is entered, the court entering the decreemay grant post-adoption visitation, contact and/or conveyance of informationprivileges (subsequently referred to as "Post-adoption privileges") undersubsection (b) of this section to a birth parent who:
(1) Has consented to an adoption or voluntarily terminatedthe parent-child relationship; or,
(2) Has had his or her parental rights involuntarilyterminated pursuant to section 15-7-7(2)(i), (iii), (iv), or (vii) and hasproperly filed a timely appeal of the termination which is pending and thechild was not in a pre-adoptive home prior to the granting of the terminationof parental rights petition by the family court.
(b) A court may grant post-adoption privileges if:
(1) The court determines that the best interests of the childwould be served by granting post-adoption privileges;
(2) The court finds there is a significant emotionalattachment between the child and the birth parent;
(3) The adoptive parents and the birth parents jointlynegotiate and execute a post-adoption privileges agreement which is approved byand filed with the family court;
(4) The department of children, youth and families and thechild's court appointed special advocate or the guardian ad litem, if one hasbeen appointed pursuant to § 40-11-12, recommends that the post-adoptionprivileges agreement be approved by the court; or if the adoption petition isbeing sponsored by a licensed child placing agency other than the department ofchildren, youth, and families, the licensed child placing agency sponsoring theadoption makes a recommendation that the post-adoption privileges agreement beapproved by the court.
(5) Consent to the post-adoption privileges is obtained fromthe child, if the child is at least twelve (12) years of age; and
(6) The post-adoption privileges agreement is approved by thecourt.
(c) A post-adoption privileges agreement filed undersubdivision (b)(4) of this section must contain the following provisions:
(1) An acknowledgement by the birth parents that the adoptionis irrevocable, even if the adoptive parents do not abide by the post-adoptionprivileges agreement.
(2) An acknowledgement by the adoptive parents that theagreement grants the birth parents the right to seek to enforce thepost-adoption privileges set forth in the agreement.
(d) A birth parent or an adoptive parent may file a petitionwith the court entering the adoption decree for the following purposes:
(1) To modify the post-adoption privileges agreement;
(2) To compel a birth parent or adoptive parent to complywith the post-adoption privileges agreement;
(e) The court may not award monetary damages as a result ofthe filing of a petition under subsection (d).
(f) The court may void or modify a post-adoption privilegesagreement approved under this section at any time before or after the adoptionif the court determines after a hearing that the best interests of the childrequire the voiding or modification of the agreement. Before the court: (1)Voids or modifies an agreement, or (2) Hears a motion to compel compliance withan agreement approved under this section, the court shall give notice and anopportunity to be heard to the licensed, child placement agency that sponsoredthe adoption and to the child's court appointed special advocate (CASA) orcourt appointed guardian ad litem if one had been appointed prior to thefinalization of adoption.
(g) A court may not revoke a decree of adoption because abirth parent or an adoptive parent fails to comply with a post-adoptionprivileges agreement approved by the court under this section.
§ 15-7-14.1 Decree of open adoption.– (a) At the time an adoption decree is entered, the court entering the decreemay grant post-adoption visitation, contact and/or conveyance of informationprivileges (subsequently referred to as "Post-adoption privileges") undersubsection (b) of this section to a birth parent who:
(1) Has consented to an adoption or voluntarily terminatedthe parent-child relationship; or,
(2) Has had his or her parental rights involuntarilyterminated pursuant to section 15-7-7(2)(i), (iii), (iv), or (vii) and hasproperly filed a timely appeal of the termination which is pending and thechild was not in a pre-adoptive home prior to the granting of the terminationof parental rights petition by the family court.
(b) A court may grant post-adoption privileges if:
(1) The court determines that the best interests of the childwould be served by granting post-adoption privileges;
(2) The court finds there is a significant emotionalattachment between the child and the birth parent;
(3) The adoptive parents and the birth parents jointlynegotiate and execute a post-adoption privileges agreement which is approved byand filed with the family court;
(4) The department of children, youth and families and thechild's court appointed special advocate or the guardian ad litem, if one hasbeen appointed pursuant to § 40-11-12, recommends that the post-adoptionprivileges agreement be approved by the court; or if the adoption petition isbeing sponsored by a licensed child placing agency other than the department ofchildren, youth, and families, the licensed child placing agency sponsoring theadoption makes a recommendation that the post-adoption privileges agreement beapproved by the court.
(5) Consent to the post-adoption privileges is obtained fromthe child, if the child is at least twelve (12) years of age; and
(6) The post-adoption privileges agreement is approved by thecourt.
(c) A post-adoption privileges agreement filed undersubdivision (b)(4) of this section must contain the following provisions:
(1) An acknowledgement by the birth parents that the adoptionis irrevocable, even if the adoptive parents do not abide by the post-adoptionprivileges agreement.
(2) An acknowledgement by the adoptive parents that theagreement grants the birth parents the right to seek to enforce thepost-adoption privileges set forth in the agreement.
(d) A birth parent or an adoptive parent may file a petitionwith the court entering the adoption decree for the following purposes:
(1) To modify the post-adoption privileges agreement;
(2) To compel a birth parent or adoptive parent to complywith the post-adoption privileges agreement;
(e) The court may not award monetary damages as a result ofthe filing of a petition under subsection (d).
(f) The court may void or modify a post-adoption privilegesagreement approved under this section at any time before or after the adoptionif the court determines after a hearing that the best interests of the childrequire the voiding or modification of the agreement. Before the court: (1)Voids or modifies an agreement, or (2) Hears a motion to compel compliance withan agreement approved under this section, the court shall give notice and anopportunity to be heard to the licensed, child placement agency that sponsoredthe adoption and to the child's court appointed special advocate (CASA) orcourt appointed guardian ad litem if one had been appointed prior to thefinalization of adoption.
(g) A court may not revoke a decree of adoption because abirth parent or an adoptive parent fails to comply with a post-adoptionprivileges agreement approved by the court under this section.
§ 15-7-14.1 Decree of open adoption.– (a) At the time an adoption decree is entered, the court entering the decreemay grant post-adoption visitation, contact and/or conveyance of informationprivileges (subsequently referred to as "Post-adoption privileges") undersubsection (b) of this section to a birth parent who:
(1) Has consented to an adoption or voluntarily terminatedthe parent-child relationship; or,
(2) Has had his or her parental rights involuntarilyterminated pursuant to section 15-7-7(2)(i), (iii), (iv), or (vii) and hasproperly filed a timely appeal of the termination which is pending and thechild was not in a pre-adoptive home prior to the granting of the terminationof parental rights petition by the family court.
(b) A court may grant post-adoption privileges if:
(1) The court determines that the best interests of the childwould be served by granting post-adoption privileges;
(2) The court finds there is a significant emotionalattachment between the child and the birth parent;
(3) The adoptive parents and the birth parents jointlynegotiate and execute a post-adoption privileges agreement which is approved byand filed with the family court;
(4) The department of children, youth and families and thechild's court appointed special advocate or the guardian ad litem, if one hasbeen appointed pursuant to § 40-11-12, recommends that the post-adoptionprivileges agreement be approved by the court; or if the adoption petition isbeing sponsored by a licensed child placing agency other than the department ofchildren, youth, and families, the licensed child placing agency sponsoring theadoption makes a recommendation that the post-adoption privileges agreement beapproved by the court.
(5) Consent to the post-adoption privileges is obtained fromthe child, if the child is at least twelve (12) years of age; and
(6) The post-adoption privileges agreement is approved by thecourt.
(c) A post-adoption privileges agreement filed undersubdivision (b)(4) of this section must contain the following provisions:
(1) An acknowledgement by the birth parents that the adoptionis irrevocable, even if the adoptive parents do not abide by the post-adoptionprivileges agreement.
(2) An acknowledgement by the adoptive parents that theagreement grants the birth parents the right to seek to enforce thepost-adoption privileges set forth in the agreement.
(d) A birth parent or an adoptive parent may file a petitionwith the court entering the adoption decree for the following purposes:
(1) To modify the post-adoption privileges agreement;
(2) To compel a birth parent or adoptive parent to complywith the post-adoption privileges agreement;
(e) The court may not award monetary damages as a result ofthe filing of a petition under subsection (d).
(f) The court may void or modify a post-adoption privilegesagreement approved under this section at any time before or after the adoptionif the court determines after a hearing that the best interests of the childrequire the voiding or modification of the agreement. Before the court: (1)Voids or modifies an agreement, or (2) Hears a motion to compel compliance withan agreement approved under this section, the court shall give notice and anopportunity to be heard to the licensed, child placement agency that sponsoredthe adoption and to the child's court appointed special advocate (CASA) orcourt appointed guardian ad litem if one had been appointed prior to thefinalization of adoption.
(g) A court may not revoke a decree of adoption because abirth parent or an adoptive parent fails to comply with a post-adoptionprivileges agreement approved by the court under this section.
