Chapter 5 : Section 14

Communication Agreements

Procedures

Considering Communication Agreements

To determine whether a communication agreement is in the best interest of the child consider the following:

• how the child has adjusted to the adoptive placement;

• whether the child worked through issues of separation and loss;

• the child has indicated a desire to maintain contact with the birth parent;

• which type of future contact is appropriate given the history of the parent-child relationship; and

• whether communication between the birth parent and child is likely to cause harm to the child’s health, safety and welfare.

Characteristics of Communication Agreement

Discuss with the birth parent, adoptive parent and child, if age 12 or older, the following characteristics of a communication agreement:

• A communication agreement is not enforceable unless it is in writing and approved by the court.

• A communication agreement must contain a statement that the adoptive parent may terminate contact between the birth parent and child at any time that the adoptive parent believes the communication is not in the child’s best interest.

• A communication agreement is enforceable even if it does not disclose the identity of the parties to the agreement.

• A communication agreement must be approved by the adoptive parent, the birth parent with whom the agreement is being made and the Department if the agreement involves a child who is a ward of the court, placed in the custody of the Department.

• The court cannot approve a communication agreement unless the court finds that the agreement is in the child’s best interest. The court may consider the wishes of a child age 12 and older.

• Failure to comply with an agreement is not grounds for setting aside an adoption decree, revocation of written consents to an adoption decree or relinquishment of parental rights.

• The court retains jurisdiction to hear motions to enforce or modify a communication agreement.

• The court will not enforce or modify a communication agreement unless the person filing the motion makes a good faith attempt to mediate the dispute. The court may consider the wishes of a child age 12 and older in determining whether to modify a communication agreement.

Provide birth parents and adoptive parents who express a desire to enter into a communication agreement a list of Arizona licensed adoption agencies and Confidential Intermediaries who may be willing to assist the parties in negotiating a communication agreement. There may be a fee for this service.

Request the assigned Assistant Attorney General review the agreement prior to approving a communication agreement involving children who are wards of the court, placed in the custody of the Department.

Before the Department representative declines to approve a communication agreement, efforts must be made to resolve areas of disagreement.

Obtain supervisory approval when declining to approve a communication agreement that the birth parent and adoptive parents have approved.

Documentation

Document discussion with the birth parent and adoptive parents about the characteristics of a communication agreement in Notes.

Document supervisory approval of a decision not to approve a communication agreement in Notes, using the Supervision Note type.

Document the reason a communication agreement is not in the child’s best interest in Notes.

Effective Date: February 1, 2021

Revision History: November 30, 2012