As amended through June 7, 2024
Rule 39 - Judgment or Decree of Open Adoption(a) Post-adoption Privileges Agreement. At the time an adoption judgment is entered, the court may grant post-adoption privileges in accordance with the terms and conditions set forth in G.L. 1956 § 15-7-14.1. If agreed to, a post-adoption privileges agreement shall be executed in writing and filed with the court for each child to whom it applies. A post-adoption privileges agreement must contain an acknowledgement by the parents that the adoption is irrevocable, even if the adoptive parents do not abide by the post-adoption privileges agreement, and an acknowledgement by the adoptive parents that the agreement grants the parents the right to seek to enforce the post-adoption privileges set forth in the agreement. The post-adoption privileges agreement must be signed by all the parties including a representative from the Department of Children, Youth, and Families or the licensed or governmental child placement agency and the guardian ad litem, if one has been appointed. If the child is at least fourteen (14) years of age, the child's written consent to the post-adoption privileges agreement must be obtained. Prior to approving any post-adoption privileges agreement, the parties shall be informed that a judgment or decree of adoption will not be revoked because a parent or an adoptive parent fails to comply with a post-adoption privileges agreement. Upon execution of the post-adoption privileges agreement by all necessary parties and after hearing and approval by the court, the agreement shall be entered as an order of the court and each party shall receive a copy.(b) Enforcement or Modification. A parent or an adoptive parent may file a motion to modify the post-adoption privileges agreement or to compel a parent or adoptive parent to comply with the post-adoption privileges agreement. The motion shall be served in accordance with Rule 16. (1) After hearing, the court may void or modify a post-adoption privileges agreement at any time after the adoption if the court determines that the best interests of the child require the voiding or modification of the agreement.(2) Before hearing a petition to enforce, modify, or void a post-adoption privileges agreement, notice and an opportunity to be heard shall be given to the Department of Children, Youth, and Families or the licensed or governmental child placement agency that sponsored the adoption and to the child's court appointed special advocate or court appointed guardian ad litem if one had been appointed prior to the finalization of adoption.Adopted March 1, 2019, effective 7/1/2019; amended April 30, 2019, effective 11/4/2019; amended November 5, 2019, effective 1/6/2020.