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They may not be able to refuse but they can put requirements in place BEFORE he has visits... things like UA's for drugs/alcohol, parenting class participation, psych eval, etc
Since he hasn't had contact they should be able to legitimately require some action on his part before he has any visits.
Suddenly requesting visits right before TPR doesn't normally look good to any judge... too little too late.
__________________
With the same amazing man for 13yrs 
Mom to a wild and crazy bunch: 
 AD - A1 - 7 yrs (adopted Oct 2005)
AD - A2 - 4yrs (adopted Dec 2006)
 BS - T - newborn (born 7-29-08)
FD - A3 - 2yrs old (placed Nov 2006)
FS - C - 16yrs (placed July 2007)
Total of 102 foster children and 3 foreign exchange students at last count. 
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