Section 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.Fla. Admin. Code Ann. R. 65C-16.020
Rulemaking Authority 63.233 FS. Law Implemented 63.0427 FS.
Adopted by Florida Register Volume 42, Number 120, June 21, 2016 effective 7/7/2016.