PRINTER'S NO. 421
No. 357 Session of 2003
INTRODUCED BY FRANKEL, BLAUM, BALDWIN, BENNINGHOFF, BISHOP, BROWNE, BUXTON, COSTA, COY, CREIGHTON, CRUZ, CURRY, DeWEESE, FREEMAN, GERGELY, GRUCELA, HENNESSEY, HORSEY, JAMES, MANDERINO, MANN, McCALL, MELIO, R. MILLER, MUNDY, MYERS, NICKOL, PALLONE, PISTELLA, PRESTON, ROBERTS, ROSS, SOLOBAY, STABACK, TIGUE, WANSACZ, YOUNGBLOOD, YUDICHAK AND WASHINGTON, FEBRUARY 24, 2003
REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 24, 2003
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:
1 "Department." The Department of Public Welfare of the 2 Commonwealth. 3 ["PACE." The Pennsylvania Adoption Cooperative Exchange.] 4 "PAE." The Pennsylvania Adoption Exchange. 5 § 2552. Pennsylvania Adoption [Cooperative] Exchange. 6 There shall be a Pennsylvania Adoption [Cooperative] Exchange 7 in the Office of Children, Youth and Families of the Department 8 of Public Welfare. 9 § 2553. Registration of children. 10 (a) Mandatory registration.--[PACE] PAE shall register and 11 be responsible for the review and referral of children for whom 12 parental rights have been terminated for [90] 45 days and for 13 whom no report of intention to adopt has been filed in the court 14 of common pleas. 15 (b) Optional registration.--[PACE may also] 16 (1) PAE may register children where restoration to the 17 biological family is neither possible nor appropriate, a 18 petition to terminate parental rights has been filed and 19 adoption is planned pending identification of an adoptive 20 parent or parents. [However, information] 21 (2) PAE may register children with a court-approved goal 22 of adoption if the court-approved goal of adoption has not 23 been appealed within 30 days and a petition to terminate 24 parental rights has not been filed. 25 (3) Information about these children shall not be 26 publicized without prior approval by the department, which 27 shall ensure the anonymity of these children until such time 28 as parental rights are terminated. 29 (c) Children excluded from registration.-- 30 (1) A child for whom termination of parental rights is 20030H0357B0421 - 2 -
1 being appealed in a court shall not be registered with [PACE] 2 PAE as available for adoption. [Identifying information of 3 such children shall be forwarded to PACE by the agency, with 4 reference to the specific reason for which the child is not 5 to be placed on the listing service.] 6 (2) A child registered with PAE may be withdrawn at the 7 request of the agency having custody if the withdrawal is 8 based on criteria established by regulation. 9 § 2554. Responsibilities of [PACE] PAE. 10 [PACE] PAE shall be responsible for the following: 11 (1) Registration of adoptive parent applicants who have 12 been approved by agencies. 13 (2) Accumulation and dissemination of statistical 14 information regarding all children registered with [PACE] 15 PAE. 16 (3) Creation and administration of a public information 17 program designed to inform potential adoptive parents of the 18 need for adoptive homes for children registered with [PACE] 19 PAE. 20 (4) Preparation and distribution of a photographic 21 listing service on children registered with [PACE] PAE. 22 (5) Preparation of annual reports concerning functions 23 of [PACE] PAE regarding the children and the prospective 24 parents listed with [PACE] PAE. The reports shall be 25 submitted annually by May 1 to the [Health and Welfare and 26 Judiciary Committees] Governor, the Judiciary Committee and 27 any other appropriate standing committees of the House of 28 Representatives[, to the Public Health and Welfare and 29 Judiciary Committees] and of the Senate [and to the 30 Governor]. The annual report shall also include statistical 20030H0357B0421 - 3 -
1 and fiscal information regarding additional State and local 2 initiatives involving the recruitment of families interested 3 in adopting children with special needs who meet the 4 eligibility criteria of this subchapter and efforts to 5 identify eligible children. 6 (6) Coordination of its functions with other state, 7 regional and national adoption exchanges. 8 § 2555. Responsibilities of [public and private] agencies. 9 (a) Registration of children.--All [public and licensed 10 private child service] agencies shall register all children with 11 [PACE] PAE for whom parental rights have been terminated for 12 [90] 45 days and for whom no report of intention to adopt has 13 been filed in the court of common pleas. [A public or licensed 14 private] An agency may register other children as set forth in 15 section 2553(b) (relating to registration of children). 16 (b) Registration of applicants.--All agencies shall register 17 all approved adoptive parent applicants with their consent who 18 express an interest in adopting children with special needs. 19 Section 3. This act shall take effect in 60 days. A21L23JS/20030H0357B0421 - 4 -