AN ACT RELATING TO DOMESTIC RELATIONS -- ADOPTION OF CHILDREN (Establishes the rights of adoptive/foster children or those in guardianship, to have post-separation visitation with their sibling(s).)

S2596

2026 -- S 2596
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LC004241
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STATE OF RHODE ISLAND
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2026
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A N A C T
RELATING TO DOMESTIC RELATIONS -- ADOPTION OF CHILDREN

Introduced By:
Senators Thompson, Burke, Pearson, Patalano, Raptakis, Dimitri,
DiMario, LaMountain, Tikoian, and Bissaillon

Date Introduced:
February 13, 2026

Referred To:
Senate Judiciary
It is enacted by the General Assembly as follows:
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SECTION 1. Chapter 15-7 of the General Laws entitled "Adoption of Children" is hereby
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amended by adding thereto the following section:
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15-7-14.2. Decree of open adoption / foster placement / guardianship - siblings.

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(a) At the time an adoption decree is entered, or at the time of placement in foster homes
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or at the time any sibling is placed under guardianship in a home, residence or facility and separated
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from their siblings, the family court shall enter a decree granting post-separation sibling visitation
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and/or contact between the siblings (hereinafter “post-separation sibling privileges”):
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(1) Any child or children that have been separated from their sibling(s) because of or by
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and through an open adoption, or who have been placed in a foster home or placed under
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guardianships shall be entitled to and eligible for post-separation sibling privileges. Post-separation
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privileges shall include, but not be limited to, the right to visit, contact and interact with their
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siblings pursuant to this section.
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(2) Any adoptive parent, foster parent, or guardian shall cooperate with the
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child’s/children’s request to exercise post-separation sibling privileges, any court order and any
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administrative investigation to be conducted in order to facilitate the visitation, and contact and
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interaction with the subject children.
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(b) A court shall grant post-separation sibling privileges if:
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(1) The court determines that the best interests of the child would be served by granting
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post-separation sibling privileges;

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(2) The court finds there is a significant emotional attachment between the separated
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siblings;
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(3) The adoptive/foster parents and/or guardians of the children and the birth parents, in
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the event that the birth parents have custody of one or more other siblings, jointly negotiate and
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execute a post-separation sibling privileges agreement. Any post-separation sibling privileges
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agreement shall be negotiated in good faith and if attempts at negotiating the agreement fail, the
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family court shall consider the facts and circumstances and enter a court order setting forth the
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terms and conditions of the agreement;
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(4) The department of children, youth and families (“department”) and the child’s court-
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appointed special advocate or the guardian ad litem, if one has been appointed pursuant to § 40-11-
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12, shall cooperate with the adoptive/foster parents and/or guardian and shall recommend post-
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separation sibling privileges unless, after investigation, the department finds that one or more of
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the siblings may be at risk of physical or mental harm by one of the other siblings.
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(c) Any sibling shall have a right to be heard by the family court relative to post-separation
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sibling privileges; provided that, the child is at least twelve (12) years of age; and
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(d) The post-separation sibling privileges agreement shall be approved by the court and
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any request to modify the agreement shall be reviewed by the family court if the adoptive/foster
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parents and/or guardians are unable to agree to the requested modifications. Any modifications
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agreed upon by the adoptive/foster parents and/or guardians shall be filed with the court.
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(e) In the event that court intervention is sought pursuant to subsection (b)(3) of this section,
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the court shall not award monetary damages to either party seeking either a court order establishing
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post-separation sibling privileges or a modification of those privileges.
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(f) Any request seeking modification of a previously established post-separation sibling
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privileges agreement may only be granted by the court if it determines, after a hearing, that the best
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interests of a child or children require modification of the agreement. The court may, but is not
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required to, seek the input of the department before entering any court order modifying said
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agreement.
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SECTION 2. This act shall take effect upon passage.
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO DOMESTIC RELATIONS -- ADOPTION OF CHILDREN
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This act would establish the rights of adoptive/foster children or those in guardianship, to
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have post-separation visitation with their sibling(s).
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This act would take effect upon passage.
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