SB 65

Under current law, the court assigned to exercise jurisdiction under the

Children's Code (juvenile court) may set reasonable rules of visitation for the parent

of a child adjudged to be in need of protection or services. Current law also permits

the juvenile court to issue a temporary order or injunction prohibiting a person whose

parental rights are sought to be terminated involuntarily from visiting or contacting

the child who is the subject of the termination of parental rights (TPR) petition. In

addition, current law permits the juvenile court to prohibit visitation by a birth

parent of a child who has been placed in sustaining care following a TPR.

This bill provides that a denial, limitation, or discontinuation of parental

visitation with a child adjudged to be in need of protection or services, a temporary

order or injunction prohibiting a person whose parental rights are sought to be

terminated from visiting or contacting the child who is the subject of the TPR

petition, or a prohibition on visitation by a birth parent of a child in sustaining care

following a TPR does not affect visitation between the child and any sibling of the

child, including a person who was a sibling of the child before adoption of or TPR to

the person, which visitation shall be granted, denied, or continued based on the best

interests of the child and sibling, regardless of whether parental visitation is denied,

limited, discontinued, or prohibited.

The bill also requires an agency preparing a permanency plan for a child, which

is a plan designed to ensure that the child is reunified with his or her family

whenever appropriate or that the child quickly attains a placement or home

providing long-term stability, to include in the permanency plan a statement as to

whether visitation between the child and any sibling of the child, including a person

who was a sibling of the child before adoption of or TPR to the person, would be in

the best interests of the child and sibling when parental visitation has been denied,

limited, discontinued, or prohibited by the juvenile court or when the agency

recommends that parental visitation be denied, limited, discontinued, or prohibited.