WILLIAM DONALD SCHAEFER, Governor                   Ch. 27 9

(ii) has repeatedly failed to contribute to the
physical care and support of the child although financially able
to do so; or

(iii) has been convicted of child abuse of the
child.

(c)  In determining whether it is in the best interest of
the' child to terminate a natural parent's rights as to the child
under this section, the court shall request:

(1)  an investigation by an appropriate agency; and

(2)  a report of the investigation that includes
summaries of:

(i) the child's feelings toward and emotional
ties with the child's natural parents, the child's siblings, the
petitioner, and any other individual who may significantly affect
the child's best interest;

(ii) the child's adjustment to home, school,
and community; and

(iii) if the natural parent is absent, an
evaluation of the petitioner's attempts to locate' the absent
natural parent.

(d)  A court may not grant a decree of adoption under this
section solely because a natural parent:

(1)  does not have legal custody of the child by
reason of divorce or legal separation; or

(2)  has been deprived of custody of the child by the
act of the other natural parent.

(e)  After the adoption, if it is in the child's best
interest, the adoptive parent and a nonconsenting natural parent
may agree to visitation privileges between the child and the
natural parent or siblings.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall
be construed only prospectively and may not be applied or
interpreted to have any effect upon or application to any event
or happening occurring prior to the effective date of this Act.
However, the amendment by this Act of provisions of law in effect
prior to the effective date of this Act may not be construed to
preclude the application of those provisions of law to any event
or happening occurring prior to the effective date of this Act.

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