SB 140

Under current law, a termination of parental rights (TPR) order permanently

severs all legal rights and duties between a birth parent and the child. Current law

does, however, permit the court assigned to exercise jurisdiction under the Children's

Code (juvenile court) to order visitation by a birth parent of a child placed in

sustaining care following a TPR. Current law also permits the juvenile court, in the

case of a child who is adopted by a stepparent or relative, to grant reasonable

visitation rights to a relative of the child who has maintained a relationship similar

to a parent-child relationship with the child if the juvenile court determines that the

visitation is in the best interests of the child and that the relative will not undermine

the adoptive parents' relationship with the child.

This bill permits a posttermination contact agreement to be entered into

between the proposed adoptive parents of a child or, if at the time the agreement is

entered into no proposed adoptive parent has been identified, the Department of

Children and Families, a county department of human services or social services, or

a licensed child welfare agency having guardianship, legal custody, or supervision

of the child (collectively "agency") and a birth relative of the child at any time before

a TPR order is granted if: 1) the child is in the legal custody or under the supervision

or guardianship of an agency; 2) the birth parent who is a party to the agreement has

agreed to voluntarily consent to the TPR or not to contest an involuntary TPR, except

that this condition is not met if the agreement to voluntarily consent to or not to

contest the TPR is made after grounds for TPR are found at the fact-finding hearing;

and 3) the child, if 12 years of age or over, consents to the terms of the agreement.

A posttermination contact agreement may provide for any of the following:

1. Visitation between the child and a birth relative of the child.

2. Future contact and communication between the child, adoptive parent, or

agency and a birth relative of the child.

3. The sharing of information about the child in the future between the adoptive

parent or agency and a birth relative of the child.

4. The maintenance and sharing of the medical and genetic history of any birth

relative who is a party to the agreement.

A posttermination contact agreement must contain: 1) an acknowledgement by

all birth relatives who are parties to the agreement that the TPR and adoption are

irrevocable and that failure by a party to comply with the agreement is not grounds

to revoke the TPR or adoption; 2) an acknowledgement by the proposed adoptive

parents or agency that the agreement is enforceable by any person who is permitted

posttermination visitation, contact, communication, or sharing of information under

the agreement; and 3) a statement by all parties to the agreement that the agreement

was entered into voluntarily and with understanding of the terms of the agreement,

that no promises or threats were made to coerce any person into entering into the

agreement, and that the parties have not relied on any representations other than