PRINTER'S NO. 70
No. 76 Session of 2005
INTRODUCED BY FRANKEL, BALDWIN, BELARDI, BELFANTI, BLAUM,
BUXTON, CALTAGIRONE, COSTA, CREIGHTON, CURRY, DALEY,
FABRIZIO, MANDERINO, MANN, McCALL, MELIO, PISTELLA, PRESTON,
TIGUE, WASHINGTON, YOUNGBLOOD, GOODMAN, GRUCELA, FREEMAN,
MUNDY AND ROSS, JANUARY 25, 2005
REFERRED TO COMMITTEE ON JUDICIARY, JANUARY 25, 2005
AN ACT
1 Amending Title 23 (Domestic Relations) of the Pennsylvania
2 Consolidated Statutes, further providing for the Pennsylvania
3 Adoption Exchange.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. The heading of Subchapter E of Chapter 25 of
7 Title 23 of the Pennsylvania Consolidated Statutes is amended to
8 read:
9 SUBCHAPTER E
10 Pennsylvania Adoption [Cooperative] Exchange
11 Section 2. Sections 2551, 2552, 2553, 2554 and 2555 of Title
12 23 are amended to read:
13 § 2551. Definitions.
14 The following words and phrases when used in this subchapter
15 shall have the meanings given to them in this section unless the
16 context clearly indicates otherwise:
17 "Department." The Department of Public Welfare of the
1 Commonwealth.
2 ["PACE." The Pennsylvania Adoption Cooperative Exchange.]
3 "PAE." The Pennsylvania Adoption Exchange.
4 § 2552. Pennsylvania Adoption [Cooperative] Exchange.
5 There shall be a Pennsylvania Adoption [Cooperative] Exchange
6 in the Office of Children, Youth and Families of the Department
7 of Public Welfare.
8 § 2553. Registration of children.
9 (a) Mandatory registration.--[PACE] PAE shall register and
10 be responsible for the review and referral of children for whom
11 parental rights have been terminated for [90] 45 days and for
12 whom no report of intention to adopt has been filed in the court
13 of common pleas.
14 (b) Optional registration.--[PACE may also]
15 (1) PAE may register children where restoration to the
16 biological family is neither possible nor appropriate, a
17 petition to terminate parental rights has been filed and
18 adoption is planned pending identification of an adoptive
19 parent or parents. [However, information]
20 (2) PAE may register children with a court-approved goal
21 of adoption if the court-approved goal of adoption has not
22 been appealed within 30 days and a petition to terminate
23 parental rights has not been filed.
24 (3) Information about these children shall not be
25 publicized without prior approval by the department, which
26 shall ensure the anonymity of these children until such time
27 as parental rights are terminated.
28 (c) Children excluded from registration.--
29 (1) A child for whom termination of parental rights is
30 being appealed in a court shall not be registered with [PACE]
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1 PAE as available for adoption. [Identifying information of
2 such children shall be forwarded to PACE by the agency, with
3 reference to the specific reason for which the child is not
4 to be placed on the listing service.]
5 (2) A child registered with PAE may be withdrawn at the
6 request of the agency having custody if the withdrawal is
7 based on criteria established by regulation.
8 § 2554. Responsibilities of [PACE] PAE.
9 [PACE] PAE shall be responsible for the following:
10 (1) Registration of adoptive parent applicants who have
11 been approved by agencies.
12 (2) Accumulation and dissemination of statistical
13 information regarding all children registered with [PACE]
14 PAE.
15 (3) Creation and administration of a public information
16 program designed to inform potential adoptive parents of the
17 need for adoptive homes for children registered with [PACE]
18 PAE.
19 (4) Preparation and distribution of a photographic
20 listing service on children registered with [PACE] PAE.
21 (5) Preparation of annual reports concerning functions
22 of [PACE] PAE regarding the children and the prospective
23 parents listed with [PACE] PAE. The reports shall be
24 submitted annually by May 1 to the [Health and Welfare and
25 Judiciary Committees] Governor, the Judiciary Committee and
26 any other appropriate standing committees of the House of
27 Representatives[, to the Public Health and Welfare and
28 Judiciary Committees] and of the Senate [and to the
29 Governor]. The annual report shall also include statistical
30 and fiscal information regarding additional State and local
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1 initiatives involving the recruitment of families interested
2 in adopting children with special needs who meet the
3 eligibility criteria of this subchapter and efforts to
4 identify eligible children.
5 (6) Coordination of its functions with other state,
6 regional and national adoption exchanges.
7 § 2555. Responsibilities of [public and private] agencies.
8 (a) Registration of children.--All [public and licensed
9 private child service] agencies shall register all children with
10 [PACE] PAE for whom parental rights have been terminated for
11 [90] 45 days and for whom no report of intention to adopt has
12 been filed in the court of common pleas. [A public or licensed
13 private] An agency may register other children as set forth in
14 section 2553(b) (relating to registration of children).
15 (b) Registration of applicants.--All agencies shall register
16 all approved adoptive parent applicants with their consent who
17 express an interest in adopting children with special needs.
18 Section 3. This act shall take effect in 60 days.
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