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S 2596Children

Domestic Relations - Adoption of Children

This bill requires the Family Court to ensure separated siblings in foster care, adoption, or guardianship maintain visitation and contact.

Held for study
Population
Affected
15
Email Legislator
Introduced Feb 13, 2026Committee Senate Judiciary

Plain-English Summary

This legislation mandates that when siblings are separated due to adoption, foster care placement, or guardianship, the Rhode Island Family Court must enter a decree ensuring they maintain contact and visitation rights. This is referred to as "post-separation sibling privileges." The bill requires adoptive parents, foster parents, or guardians to cooperate with these arrangements. The court will base these decisions on the best interests of the child and the existence of a significant emotional bond. Exceptions are made if the Department of Children, Youth and Families determines that contact poses a safety risk to one of the siblings.

For younger readers

Sometimes, brothers and sisters have to live in different houses because they are adopted or living with foster families. This law creates a rule that says these brothers and sisters must be allowed to visit and talk to each other. The judge will make sure there is a plan for them to see each other. The adults taking care of them have to help make this happen. If the children want to see each other, the judge will almost always say yes, unless it is unsafe. This helps families stay connected even when they live apart.

Who & Where It Applies

Impacted groups
Foster ChildrenAdoptive ParentsFoster ParentsLegal GuardiansSiblings
Impacted communities
All

Constitutional & Fiscal Check

There is a Constitutional risk regarding the fundamental right of parents to direct the upbringing of their children (Troxel v. Granville). By mandating visitation over the objection of adoptive parents—who possess full legal rights after adoption—the state may be infringing on parental due process. However, because this mandate is tied to the initial adoption decree or placement, courts may view it as a valid condition of the state-sanctioned placement rather than an intrusion on established parental rights.

Estimated cost
None
Estimated revenue
None

Bill Analysis

Both viewpoints
For Progressives
  • Protects the emotional well-being and mental health of vulnerable children in the state care system by legally preserving their bonds with biological siblings.
  • Empowers children, particularly those over the age of twelve, by giving them a statutory right to be heard in court regarding their own family connections.
  • Reduces the trauma associated with family separation and systemic displacement by ensuring that entering the foster or adoption system does not mean total isolation from family.
  • Could create logistical and financial burdens for lower-income resource families who may struggle to facilitate transportation for mandated visitation schedules.
  • Reliance on judicial interpretation of "best interests" could potentially lead to inconsistent applications or biases against non-traditional family structures during disputes.
  • May invite increased state surveillance and intervention into the lives of families if disputes arise regarding the enforcement of visitation agreements.
For Conservatives
  • Strengthens the traditional biological family unit by recognizing the importance of sibling bonds and preventing the state from arbitrarily severing these ties.
  • Explicitly prohibits the awarding of monetary damages in visitation disputes, preventing the legislation from being used for frivolous lawsuits seeking financial gain.
  • Ensures that decisions are made based on specific evidence of emotional attachment rather than bureaucratic convenience, upholding a form of due process for the children.
  • Infringes upon the rights of adoptive parents to direct the upbringing and associations of their children without government interference.
  • Expands the reach of the Family Court and state agencies into private family life, creating long-term government oversight of adopted children.
  • Could deter prospective adoptive parents or foster families from volunteering due to the fear of mandatory legal entanglements and forced schedules.

Votes

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Full Bill Text

Changes to existing Rhode Island law · 44 additions

SECTION 1. Chapter 15-7 of the General Laws entitled "Adoption of Children" is hereby amended by adding thereto the following section: 15-7-14.2. Decree of open adoption / foster placement / guardianship - siblings.

(a) At the time an adoption decree is entered, or at the time of placement in foster homes or at the time any sibling is placed under guardianship in a home, residence or facility and separated from their siblings, the family court shall enter a decree granting post-separation sibling visitation and/or contact between the siblings (hereinafter “post-separation sibling privileges”):

(1) Any child or children that have been separated from their sibling(s) because of or by and through an open adoption, or who have been placed in a foster home or placed under guardianships shall be entitled to and eligible for post-separation sibling privileges. Post-separation privileges shall include, but not be limited to, the right to visit, contact and interact with their siblings pursuant to this section.

(2) Any adoptive parent, foster parent, or guardian shall cooperate with the child’s/children’s request to exercise post-separation sibling privileges, any court order and any administrative investigation to be conducted in order to facilitate the visitation, and contact and interaction with the subject children.

(b) A court shall grant post-separation sibling privileges if:

(1) The court determines that the best interests of the child would be served by granting post-separation sibling privileges;

(2) The court finds there is a significant emotional attachment between the separated siblings;

(3) The adoptive/foster parents and/or guardians of the children and the birth parents, in the event that the birth parents have custody of one or more other siblings, jointly negotiate and execute a post-separation sibling privileges agreement. Any post-separation sibling privileges agreement shall be negotiated in good faith and if attempts at negotiating the agreement fail, the family court shall consider the facts and circumstances and enter a court order setting forth the terms and conditions of the agreement;

(4) The department of children, youth and families (“department”) and the child’s court- appointed special advocate or the guardian ad litem, if one has been appointed pursuant to § 40-11- 12, shall cooperate with the adoptive/foster parents and/or guardian and shall recommend post- separation sibling privileges unless, after investigation, the department finds that one or more of the siblings may be at risk of physical or mental harm by one of the other siblings.

(c) Any sibling shall have a right to be heard by the family court relative to post-separation sibling privileges; provided that, the child is at least twelve (12) years of age; and

(d) The post-separation sibling privileges agreement shall be approved by the court and any request to modify the agreement shall be reviewed by the family court if the adoptive/foster parents and/or guardians are unable to agree to the requested modifications. Any modifications agreed upon by the adoptive/foster parents and/or guardians shall be filed with the court.

(e) In the event that court intervention is sought pursuant to subsection (b)(3) of this section, the court shall not award monetary damages to either party seeking either a court order establishing post-separation sibling privileges or a modification of those privileges.

(f) Any request seeking modification of a previously established post-separation sibling privileges agreement may only be granted by the court if it determines, after a hearing, that the best interests of a child or children require modification of the agreement. The court may, but is not required to, seek the input of the department before entering any court order modifying said agreement.

SECTION 2. This act shall take effect upon passage.