It is enacted by the General Assembly as follows:

SECTION 1. Section 15-7-7 of the General Laws in Chapter 15-7 entitled "Adoption of Children" is hereby amended to read as follows:

{ADD 15-7-7. Termination of parental rights. -- ADD} (1) The court shall, upon a petition duly filed after notice to the parent and hearing thereon, terminate any and all legal rights of the parent to the child, including the right to notice of any subsequent adoption proceedings involving the child if the court finds as a fact {ADD by clear and convincing evidence ADD} that:

(a) The parent has willfully neglected to provide proper care and maintenance for the child for a period of at least one year where financially able to do so. In determining whether the parent has willfully neglected to provide proper care and maintenance for the child, the court may disregard contributions to support which are of an infrequent and insubstantial nature; or

(b) The parent is unfit by reason of conduct or conditions seriously detrimental to the child; such as, but not limited to the following:

(i) Emotional illness, mental illness, mental deficiency or institutionalization of the parent including imprisonment, of a duration as to render it improbable for the parent to care for the child for an extended period of time.

(ii) Conduct toward any child of a cruel or abusive nature.

{DEL (iii) Excessive use of a drug or alcohol to the extent that the parent loses his ability or is unwilling to properly care for the child. DEL}

{ADD (iii) The child has been placed in the legal custody or care of the department for children, youth and families and the parent has a chronic substance abuse problem and the parent's prognosis indicates that the child will not be able to return to the custody of the parent within a reasonable period of time, considering the child's age and the need for a permanent home. The fact that a parent has been unable to provide care for a child for a period of twelve (12) months due to substance abuse shall constitute prima facie evidence of a chronic substance abuse problem.

(iv) The child has been placed with the department for children, youth and families and the court has previously terminated parental rights to another child who is a member of the same family and the parent continues to lack the ability or willingness to respond to services which would rehabilitate the parent and provided further that the court finds it is improbable that an additional period of services would result in reunification within a reasonable period of time considering the child's age and the need for a permanent home. ADD}

{DEL (c) The parent has or has had a child in the care of a licensed or governmental child-placement agency, either voluntarily or involuntarily, for a period of at least six (6) consecutive months and the court further finds that the integration of the child into the home of the parent is improbable in the foreseeable future due to conduct or conditions not likely to change. The court shall review the initial conduct or conditions which caused the child to come into the care of the licensed or governmental child-placement agency and shall determine whether there has been a change in the circumstances of the parent. In determining such conduct or conditions the court shall consider the lack of a good faith effort of the parent over a continuous period of six (6) months after placement to adjust his or her circumstances, conduct, or conditions to make the return of the child possible or the failure of the parent to effect a lasting adjustment after reasonable efforts by available social agencies for such an extended duration of time that it appears reasonable that no lasting adjustment can be effected; or DEL}

{ADD (c) The child has been placed in the legal custody or care of the department for children, youth and families for at least twelve (12) months; and the parents were offered or received services to correct the situation which led to the child being placed and provided further that there is not a substantial probability that the child will be able to return to the parents care within a reasonable period of time considering the child's age and the need for a permanent home. ADD}

(d) The parent has abandoned or deserted the child. A lack of communication or contact with the child for at least a six (6) month period shall constitute prima facie evidence of abandonment or desertion.

(2)(a) In the event that the petition is filed pursuant to subsection (1)(a), (1)(b)(i), or (1)(b)(iii), the court shall find as a fact that prior to the granting of the petition such parental conduct or conditions must have occurred or existed notwithstanding the reasonable efforts which shall be made by the agency prior to the filing of the petition to encourage and strengthen the parental relationship;

(b) Any duty or obligation on the part of a licensed or governmental child placing agency to make reasonable efforts to strenghten the parental relationship shall cease upon the filing of a petition under this section. This provision shall not be construed and is not intended to limit or affect in any way the parents' right to see or visit with the child during the pendency of a petition under this section.

(3) In considering the termination of rights pursuant to subsection (1), the court shall give primary consideration to the physical, psychological, mental, and intellectual needs of the child insofar as that consideration is not inconsistent with other provisions of this chapter. {DEL The standard of proof shall be by clear and convincing evidence. DEL}

{ADD Such consideration shall include the following: If a child has been placed in foster family care, voluntarily or involuntarily, the court shall determine whether the child has been integrated into the foster family to the extent that the child's familial identity is with the foster family and whether the foster family is able and willing to permanently integrate the child into the foster family. Provided further, that in considering integrating into a foster family, the court should consider -- (1) the length of time child has lived in a stable, satisfactory environment and the desirability of maintaining that environment and continuity for the child; (2) the reasonable preference of the child, if the court determines that the child has sufficient capacity to express a reasonable preference. ADD}

(4) If the court finds that the parental rights of the parent should be terminated as specified in subsection (1), it shall by decree duly entered appoint some suitable person to give or withhold consent in any subsequent adoption proceedings. In petitions filed by licensed or governmental child-placement agencies, the court shall appoint the agency to be the sole party to give or withhold consent to the adoption of the child and further vest the agency with all rights of guardianship over the child.

(5) Notwithstanding the provisions of section 9-17-24 of the general laws, no privilege of confidentiality may be involved with respect to any illness, trauma, incompetency, addiction to drugs or alcoholism of any parent.

(6) The record of the testimony of the parties adduced in any proceeding terminating parental rights to a child shall be entitled to the confidentiality provided for in section 8-10-21 of the general laws and more specifically shall not be admissible in any civil, criminal, or other proceeding in any court against a person named a defendant or respondent for any purpose whatsoever, except in subsequent proceedings involving the same child or proceedings involving the same respondent.

(7) In the event any child, the parental rights to whom have been finally terminated, has not been placed by the agency in the home of a person or persons with the intention of adopting the child within one hundred eighty (180) days from the date of the final termination decree, the family court shall review the status of the child and the agency shall file a report explaining the permanent plan which it has for the child. In order to remove the proceeding from the court calendar for review, the agency shall file a certificate with this court that a placement has in fact occurred. The identity of the person or persons with whom the child has been placed need not be given.

(8) There is hereby established a pilot program by which three (3) duly licensed child placement agencies, caring for children committed to the department for children, youth and families, shall be allowed to petition for the termination of parental rights provided, however, that each said petition shall be approved by the director of the said department on a case by case basis and the prosecution of said petition shall be conducted by the legal counsel of the said department. Approval of a petition for termination submitted by the said duly licensed child placement agencies by the director of the department for children, youth, and families shall be predicated on a finding by the director that the child placement agency staff have appropriate and qualified educational backgrounds, that the child placement agency staffs have educational backgrounds similar to those of departmental personnel; that the child placement agency staff has demonstrated child welfare experience comparable to that of departmental staff, and that the agency has been specifically authorized by the director to perform this function.

The cost of training child-placement agency staff, if required to meet the standards set by the director, shall be borne by the child placement agency. The director shall submit a report on the operation of this pilot project to the Permanent Legislative Commission on the Department for Children, Youth and Families no later than January 1, 1994, and said commission shall make recommendations to the general assembly regarding the continuation or termination of this pilot program.

SECTION 2. This act shall take effect upon passage.