Chapter 405 |
2021 -- H 5400 Enacted 07/14/2021 |
A N A C T |
RELATING TO DOMESTIC RELATIONS -- ADOPTION OF CHILDREN |
Introduced By: Representatives O'Brien, Corvese, Noret, and Craven |
Date Introduced: February 05, 2021 |
It is enacted by the General Assembly as follows: |
SECTION 1. Section 15-7-7 of the General Laws in Chapter 15-7 entitled "Adoption of |
Children" is hereby amended to read as follows: |
15-7-7. Termination of parental rights. |
(a) The court shall, upon a petition duly filed by a governmental child placement agency |
or licensed child placement agency, or by the birthmother or guardian of a child born under |
circumstances referenced in subsection (a)(2)(viii) of this section, after notice to the parent and a |
hearing on the petition, terminate any and all legal rights of the parent to the child, including the |
right to notice of any subsequent adoption proceedings involving the child, if the court finds as a |
fact by clear and convincing evidence that: |
(1) The parent has willfully neglected to provide proper care and maintenance for the child |
for a period of at least one year where financially able to do so. In determining whether the parent |
has willfully neglected to provide proper care and maintenance for the child, the court may |
disregard contributions to support which that are of an infrequent and insubstantial nature; or |
(2) The parent is unfit by reason of conduct or conditions seriously detrimental to the child; |
such as, but not limited to, the following: |
(i) Institutionalization of the parent, including imprisonment, for a duration as to render it |
improbable for the parent to care for the child for an extended period of time; |
(ii) Conduct toward any child of a cruel or abusive nature; |
(iii) The child has been placed in the legal custody or care of the department for of children, |
youth, and families and the parent has a chronic substance abuse problem and the parent's prognosis |
indicates that the child will not be able to return to the custody of the parent within a reasonable |
period of time, considering the child's age and the need for a permanent home. The fact that a parent |
has been unable to provide care for a child for a period of twelve (12) months due to substance |
abuse shall constitute prima facie evidence of a chronic substance abuse problem; |
(iv) The child has been placed with the department for of children, youth, and families and |
the court has previously involuntarily terminated parental rights to another child of the parent and |
the parent continues to lack the ability or willingness to respond to services which that would |
rehabilitate the parent and provided further that the court finds it is improbable that an additional |
period of services would result in reunification within a reasonable period of time considering the |
child's age and the need for a permanent home; |
(v) The parent has subjected the child to aggravated circumstances, which circumstances |
shall be abandonment, torture, chronic abuse, and sexual abuse; |
(vi) The parent has committed murder or voluntary manslaughter on another of his or her |
children or has committed a felony assault resulting in serious bodily injury on that child or another |
of his or her children or has aided or abetted, attempted, conspired, or solicited to commit such a |
murder or voluntary manslaughter; or |
(vii) The parent has exhibited behavior or conduct that is seriously detrimental to the child, |
for a duration as to render it improbable for the parent to care for the child for an extended period |
of time; or |
(viii) The parent has been convicted of sexual assault upon the birthmother and parenthood |
is a result of that sexual assault, which shall be established by proving that the child was conceived |
as a result of a conviction for any offense set forth in §§ 11-37-2, § 11-37-6 or § 11-37-8.1. |
Conception as a result of sexual assault may be proved by DNA tests and upon conviction of the |
putative father, and after a fact-finding hearing establishing paternity, said the father's parental |
rights shall be terminated by order of the court. Termination of the parental rights of the father shall |
include the loss of all parental rights without limitation, including the adoption of said the child. |
The father shall also have no right to any visitation with the minor child and shall have no right to |
any inheritance from a child conceived as a result of sexual assault as specified.; |
(3) The child has been placed in the legal custody or care of the department for of children, |
youth, and families for at least twelve (12) months, and the parents were offered or received services |
to correct the situation which that led to the child being placed; provided, that there is not a |
substantial probability that the child will be able to return safely to the parents' care within a |
reasonable period of time considering the child's age and the need for a permanent home; or |
(4) The parent has abandoned or deserted the child. A lack of communication or contact |
with the child for at least a six-(6) month (6) period shall constitute prima facie evidence of |
abandonment or desertion. In the event that parents of an infant have had no contact or |
communication with the infant for a period of six (6) months the department shall file a petition |
pursuant to this section and the family court shall conduct expedited hearings on the petition. |
(b)(1) In the event that the petition is filed pursuant to subdivisions subsection (a)(1), |
(a)(2)(i), (a)(2)(iii), or (a)(2)(vii) of this section, the court shall find as a fact that, prior to the |
granting of the petition, such parental conduct or conditions must have occurred or existed |
notwithstanding the reasonable efforts which that shall be made by the agency prior to the filing |
of the petition to encourage and strengthen the parental relationship so that the child can safely |
return to the family. In the event that a petition is filed pursuant to subdivisions subsection |
(a)(2)(ii), (a)(2)(iv), (a)(2)(v), (a)(2)(vi), or (a)(4) of this section, the department has no obligation |
to engage in reasonable efforts to preserve and reunify a family. |
(2) Any duty or obligation on the part of a licensed or governmental child placing agency |
to make reasonable efforts to strengthen the parental relationship shall cease upon the filing of a |
petition under this section. This provision shall not be construed and is not intended to limit or |
affect in any way the parents' right to see or visit with the child during the pendency of a petition |
under this section. |
(3) Upon the filing of a termination of parental rights petition, the agency has an affirmative |
duty to identify, recruit, process, and approve a qualified family for adoption or other permanent |
living arrangement for the child. |
(c)(1) In considering the termination of rights as pursuant to subsection (a), the court shall |
give primary consideration to the physical, psychological, mental, and intellectual needs of the |
child insofar as that consideration is not inconsistent with other provisions of this chapter. |
(2) The consideration shall include the following: If a child has been placed in foster family |
care, voluntarily or involuntarily, the court shall determine whether the child has been integrated |
into the foster family to the extent that the child's familial identity is with the foster family and |
whether the foster family is able and willing to permanently integrate the child into the foster |
family; provided, that in considering integrating into a foster family, the court should consider: |
(i) The length of time the child has lived in a stable, satisfactory environment and the |
desirability of maintaining that environment and continuity for the child; and |
(ii) The reasonable preference of the child, if the court determines that the child has |
sufficient capacity to express a reasonable preference. |
(d) If the court finds that the parental rights of the parent should be terminated as specified |
in subsection (a), it shall by decree duly entered, appoint some suitable person to give or withhold |
consent in any subsequent adoption proceedings. In the case of petitions filed by licensed or |
governmental child placement agencies, the court shall appoint the agency to be the sole party to |
give or withhold consent to the adoption of the child and further vest the agency with all rights of |
guardianship over the child. |
(e) Nothing in this section shall be construed to prohibit the introduction of expert |
testimony with respect to any illness, medical or psychological condition, trauma, incompetency, |
addiction to drugs, or alcoholism of any parent who has exhibited behavior or conduct that is |
seriously detrimental to a child, to assist the court in evaluating the reason for the conduct or its |
probable duration. |
(f) The record of the testimony of the parties adduced in any proceeding terminating |
parental rights to a child shall be entitled to the confidentiality provided for in § 8-10-21 and more |
specifically shall not be admissible in any civil, criminal, or other proceeding in any court against |
a person named a defendant or respondent for any purpose, except in subsequent proceedings |
involving the same child or proceedings involving the same respondent. |
(g) In the event any child, the parental rights to whom have been finally terminated, has |
not been placed by the agency in the home of a person or persons with the intention of adopting the |
child within thirty (30) days from the date of the final termination decree, the family court shall |
review the status of the child and the agency shall file a report that documents the steps the agency |
is taking to find an adoptive family or other permanent living arrangement for the child, to place |
the child with an adoptive family, a fit and willing relative, a legal guardian, or in another planned |
permanent living arrangement, and to finalize the adoption or legal guardianship. At a minimum, |
this documentation shall include child specific recruitment efforts, such as the use of state, regional, |
and national adoption exchanges, including electronic exchange system. |
SECTION 2. This act shall take effect upon passage. |
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LC000568 |
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