2022 -- S 2709

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LC005515

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2022

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A N   A C T

RELATING TO DOMESTIC RELATIONS -- ADOPTION OF CHILDREN

     

     Introduced By: Senators Quezada, Murray, Euer, and Cano

     Date Introduced: March 17, 2022

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

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     SECTION 1. Section 15-7-5 of the General Laws in Chapter 15-7 entitled "Adoption of

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Children" is hereby amended to read as follows:

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     15-7-5. Consent required.

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     (a) The parents of the child, or their survivor, shall, except as provided in this section,

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consent in writing to the adoption, or the petition shall be dismissed. If neither parent is living, the

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guardian of the person of the child, or, if there is no guardian, the next of kin, may give consent; or

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if there is no next of kin, the court may appoint some suitable person to act in the proceedings as

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next friend of the child, and to give or withhold the consent; provided, that if the child is of the age

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of fourteen (14) years or over, the adoption shall not be made without the child's consent. In case

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the child to be adopted is eighteen (18) years or older, the consent of, or notice to, the child's parents

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or other person in the child's behalf shall not be required.

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     (b)(1) Notwithstanding the provisions of subsection (a) of this section, when the petitioners

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are one of the natural parents of the child and his or her spouse or one of the grandparents of the

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child and the child is residing, at the time the petition is filed, with the petitioners, if the

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noncustodial parent refused to consent to the adoption, the court shall determine whether the

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noncustodial parent's rights shall be terminated involuntarily. In making the determination, the

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court shall apply the grounds for termination of parental rights set forth in § 15-7-7; provided, that

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the petitioners need not demonstrate, and the court shall not require, efforts to encourage and

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strengthen the child's relationship with the noncustodial parent prior to terminating his or her

 

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parental rights.

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     (2) Notwithstanding the provisions of subdivision (1) of this subsection, when the

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petitioners are one of the natural parents of the child and his or her spouse or one of the grandparents

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of the child and the child is residing, at the time the petition is filed, with the petitioners, and if the

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noncustodial parent refuses to consent to the adoption, then the court may grant the petition without

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a noncustodial parent's consent if the petitioners prove by clear and convincing evidence any of the

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grounds set forth in § 15-7-7(a)(1), (a)(2), or (a)(4). The standard of proof in these cases shall be

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by clear and convincing evidence and the court shall give primary consideration to the physical,

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psychological, mental, and intellectual needs of the child insofar as that consideration is not

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inconsistent with other provisions of this chapter.

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     (c) Notwithstanding the provisions of subsection (a) of this section, when the petitioner is

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a grandparent with sole custody of the child, and with whom the child is residing at the time the

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petition is filed, if the noncustodial natural parent(s) or their survivor refuses to consent to the

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adoption, the court shall determine whether the noncustodial parent(s') or their survivor's rights

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shall be terminated involuntarily. In making the determination, the court shall apply the grounds

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for termination of parental rights set forth in § 15-7-7; provided, that the petitioner need not

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demonstrate, and the court shall not require, efforts to encourage and strengthen the child's

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relationship with the noncustodial parent(s) prior to terminating their parental rights. In addition,

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when the petitioner is a grandparent with sole custody of the child, and with whom the child is

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residing at the time the petition is filed, if the noncustodial natural parent(s) or their survivor refuse

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to consent to the adoption, then the court may grant the petition without the noncustodial parent(s')

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or their survivor's consent if the petitioner proves by clear and convincing evidence any of the

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grounds set forth in §§ 15-7-7(a)(1), (a)(2), or (a)(4). The standard of proof in these cases shall be

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by clear and convincing evidence and the court shall give primary consideration to the physical,

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psychological, mental, and intellectual needs of the child insofar as that consideration is not

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inconsistent with other provisions of this chapter.

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     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO DOMESTIC RELATIONS -- ADOPTION OF CHILDREN

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     This act would permit a petition for adoption, and if necessary, termination of parental

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rights, to be filed by a grandparent(s) without the noncustodial parent(s') consent, when the child is

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in the sole custody of the grandparent(s).

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     This act would take effect upon passage.

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