PRIOR PRINTER'S NO. 421 PRINTER'S NO. 3935
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
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
REPRESENTATIVES, AS AMENDED, MAY 26, 2004
AN ACT
1 Amending Title 23 (Domestic Relations) of the Pennsylvania
2 Consolidated Statutes, further providing for the Pennsylvania
3 Adoption Exchange REGISTRY. <--
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 EXCHANGE] REGISTRY <--
12 Section 2. Sections 2551, 2552, 2553, 2554 and 2555 of Title
13 23 are amended to read:
14 § 2551. Definitions.
15 The following words and phrases when used in this subchapter
1 shall have the meanings given to them in this section unless the
2 context clearly indicates otherwise:
3 "Department." The Department of Public Welfare of the
4 Commonwealth.
5 ["PACE." The Pennsylvania Adoption Cooperative Exchange.]
6 "PAE." The Pennsylvania Adoption Exchange. <--
7 "PAR." THE PENNSYLVANIA ADOPTION REGISTRY. <--
8 § 2552. Pennsylvania Adoption [Cooperative] Exchange EXCHANGE] <--
9 REGISTRY.
10 There shall be a Pennsylvania Adoption [Cooperative] Exchange <--
11 EXCHANGE] REGISTRY in the Office of Children, Youth and Families <--
12 of the Department of Public Welfare.
13 § 2553. Registration of children.
14 (a) Mandatory registration.--[PACE] PAE PAR shall register <--
15 and be responsible for the review and referral of children for
16 whom parental rights have been terminated for [90] 45 30 days <--
17 and for whom no report of intention to adopt has been filed in
18 the court of common pleas.
19 (b) Optional registration.--[PACE may also]
20 (1) PAE PAR may register children where restoration to <--
21 the biological family is neither possible nor appropriate, a
22 petition to terminate parental rights has been filed and
23 adoption is planned pending identification of an adoptive
24 parent or parents. [However, information]
25 (2) PAE PAR may register children with a court-approved <--
26 goal of adoption if the court-approved goal of adoption has
27 not been appealed within 30 days and a petition to terminate
28 parental rights has not been filed.
29 (3) Information about these children shall not be
30 publicized without prior approval by the department, which
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1 shall ensure the anonymity of these children until such time
2 as parental rights are terminated.
3 (c) Children excluded from registration.--
4 (1) A child for whom termination of parental rights is
5 being appealed in a court shall not be registered with [PACE]
6 PAE PAR as available for adoption. [Identifying information <--
7 of such children shall be forwarded to PACE by the agency,
8 with reference to the specific reason for which the child is
9 not to be placed on the listing service.]
10 (2) A child registered with PAE PAR may be withdrawn at <--
11 the request of the agency having custody if the withdrawal is
12 based on criteria established by regulation.
13 § 2554. Responsibilities of [PACE] PAE PAR. <--
14 [PACE] PAE PAR shall be responsible for the following: <--
15 (1) Registration of adoptive parent applicants who have
16 been approved by agencies.
17 (2) Accumulation and dissemination of statistical
18 information regarding all children registered with [PACE] PAE <--
19 PAR. <--
20 (3) Creation and administration of a public information
21 program designed to inform potential adoptive parents of the
22 need for adoptive homes for children registered with [PACE]
23 PAE PAR. <--
24 (4) Preparation and distribution of a photographic
25 listing service on children registered with [PACE] PAE PAR. <--
26 (5) Preparation of annual reports concerning functions
27 of [PACE] PAE PAR regarding the children and the prospective <--
28 parents listed with [PACE] PAE PAR. The reports shall be <--
29 submitted annually by May 1 to the [Health and Welfare and
30 Judiciary Committees] Governor, the Judiciary Committee and
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1 any other appropriate standing committees of the House of
2 Representatives[, to the Public Health and Welfare and
3 Judiciary Committees] and of the Senate [and to the
4 Governor]. The annual report shall also include statistical
5 and fiscal information regarding additional State and local
6 initiatives involving the recruitment of families interested
7 in adopting children with special needs who meet the
8 eligibility criteria of this subchapter and efforts to
9 identify eligible children.
10 (6) Coordination of its functions with other state,
11 regional and national adoption exchanges.
12 § 2555. Responsibilities of [public and private] agencies.
13 (a) Registration of children.--All [public and licensed
14 private child service] agencies shall register all children with
15 [PACE] PAE PAR for whom parental rights have been terminated for <--
16 [90] 45 30 days and for whom no report of intention to adopt has <--
17 been filed in the court of common pleas. [A public or licensed
18 private] An agency may register other children as set forth in
19 section 2553(b) (relating to registration of children).
20 (b) Registration of applicants.--All agencies shall register <--
21 all approved adoptive parent applicants with their consent who
22 express an interest in adopting children with special needs.
23 (B) NOTICE.--ALL AGENCIES SHALL ADVISE PROSPECTIVE ADOPTING <--
24 PARENTS OF THE EXISTENCE OF PAR.
25 Section 3. This act shall take effect in 60 days.
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