1. (1) A child whose parents have had their parental rights terminated and whose custody has been awarded to the department pursuant to ¹s. 39.469, and who is the subject of a petition for adoption under this chapter, shall have the right to have the court consider the appropriateness of postadoption communication or contact, including, but not limited to, visits, letters and cards, or telephone calls, with his or her siblings who are not included in the petition for adoption. The court shall determine if the best interests of the child support such continued communication or contact and shall consider the following in making such determination:

   1. (a) Any orders of the court pursuant to ²s. 39.469(7).
   2. (b) Recommendations of the department, the foster parents if other than the adoptive parents, and the guardian ad litem.
   3. (c) Statements of prospective adoptive parents.
   4. (d) Any other information deemed relevant and material by the court. If the court determines that the child's best interests will be served by postadoption communication or contact with any sibling, the court shall so order, stating the nature and frequency for the communication or contact. This order shall be made a part of the final adoption order, but in no event shall continuing validity of the adoption be contingent upon such postadoption communication or contact, nor shall the ability of the adoptive parents and child to change residence within or outside the State of Florida be impaired by such communication or contact.

2. (2) Notwithstanding the provisions of s. 63.162, the adoptive parent may petition for review at any time of sibling communication or contact ordered pursuant to subsection (1), if the adoptive parent believes that the best interests of the adopted child are being compromised, and the court shall have authority to order the communication or contact to be terminated, or to order such conditions in regard to communication or contact as the court deems to be in the best interests of the adopted child. As part of the review process, the court may order the parties to engage in mediation. The department shall not be required to be a party to such review.

   ¹Note.--Transferred to s. 39.811 by s. 93, ch. 98-403.

   ²Note.--Transferred to s. 39.811(7) by s. 93, ch. 98-403.

History.--s. 3, ch. 98-50.