PRINTER'S NO. 2238
No. 1821 Session of 1999
INTRODUCED BY TRUE, SCHULER, BARD, BASTIAN, BATTISTO,
L. I. COHEN, COY, CURRY, EGOLF, FLEAGLE, FRANKEL, GEIST,
GIGLIOTTI, HENNESSEY, HERSHEY, KREBS, LEH, MASLAND, MELIO,
S. MILLER, NICKOL, PLATTS, RAMOS, ROSS, RUBLEY, SAYLOR,
SEYFERT, S. H. SMITH, STEELMAN, STERN, STRITTMATTER,
TANGRETTI, E. Z. TAYLOR, J. TAYLOR, TIGUE, TRELLO, VANCE,
WALKO, WILT, WOJNAROSKI, YOUNGBLOOD AND ZIMMERMAN,
SEPTEMBER 20, 1999
REFERRED TO COMMITTEE ON JUDICIARY, SEPTEMBER 20, 1999
AN ACT
1 Amending Title 23 (Domestic Relations) of the Pennsylvania
2 Consolidated Statutes, further providing for definitions, for
3 hearings for relinquishment of parental rights, for
4 alternative procedure for relinquishment of parental rights,
5 for counseling in termination or relinquishment of parental
6 rights, for home study and preplacement reports in adoption,
7 for reports of intention to adopt and for intermediary
8 reports in adoption.
9 The General Assembly of the Commonwealth of Pennsylvania
10 hereby enacts as follows:
11 Section 1. The definition of "agency" in section 2102 of
12 Title 23 of the Pennsylvania Consolidated Statutes is amended
13 and the section is amended by adding definitions to read:
14 § 2102. Definitions.
15 The following words and phrases when used in this part shall
16 have, unless the context clearly indicates otherwise, the
17 meanings given to them in this section:
18 * * *
1 "Agency." Any incorporated or unincorporated organization,
2 society, institution or other entity, public or voluntary, which
3 may receive or provide for the care of children, [supervised]
4 approved by the Department of Public Welfare and providing
5 adoption services in accordance with standards established by
6 the department.
7 * * *
8 "Home study." An agency's formal assessment of the capacity
9 and readiness of prospective adoptive parents to adopt a child.
10 The term includes the agency's written report and
11 recommendations conducted in accordance with the regulations of
12 the Department of Public Welfare.
13 * * *
14 "Preplacement report." A preliminary home study.
15 "Putative father." The alleged father of a child conceived
16 or born out of wedlock.
17 Section 2. Sections 2503(d), 2504(c), 2505(a) and (d), 2530
18 and 2531(b) of Title 23 are amended to read:
19 § 2503. Hearing.
20 * * *
21 (d) Putative father.--If a putative father will not file a
22 petition to voluntarily relinquish his parental rights pursuant
23 to section 2501 (relating to relinquishment to agency) or 2502
24 (relating to relinquishment to adult intending to adopt child),
25 regardless of whether he has filed an acknowledgment of
26 paternity or claim of paternity under section 5103, and has been
27 given notice of the hearing being held pursuant to this section
28 [and], the court may enter a decree terminating his parental
29 rights under subsection (c) if any of the following apply:
30 (1) The putative father fails to [either]:
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1 (i) appear at that hearing for the purpose of
2 objecting to termination of his parental rights; or
3 (ii) file a written objection to such termination
4 with the court prior to the hearing [and has not filed an
5 acknowledgment of paternity or claim of paternity
6 pursuant to section 5103, the court may enter a decree
7 terminating the parental rights of the putative father
8 pursuant to subsection (c)].
9 (2) The court determines, after hearing, that the
10 putative father has failed to:
11 (i) provide substantial financial support for the
12 child; or
13 (ii) make substantial and ongoing provision for the
14 child's care.
15 * * *
16 § 2504. Alternative procedure for relinquishment.
17 * * *
18 (c) Putative father.--If a putative father will not execute
19 a consent to an adoption as required by section 2711, regardless
20 of whether he has filed an acknowledgment of paternity or a
21 claim of paternity under section 5103 (relating to
22 acknowledgment and claim of paternity), and has been given
23 notice of the hearing being held pursuant to this section [and],
24 the court may enter a decree terminating his parental rights
25 under subsection (b) if any of the following apply:
26 (1) The putative father fails to [either]:
27 (i) appear at that hearing for the purpose of
28 objecting to termination of his parental rights; or
29 (ii) file a written objection to such termination
30 with the court prior to the hearing [and has not filed an
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1 acknowledgment of paternity or claim of paternity
2 pursuant to section 5103 (relating to acknowledgment and
3 claim of paternity), the court may enter a decree
4 terminating the parental rights of the putative father
5 pursuant to subsection (b)].
6 (2) The court determines, after hearing, that the
7 putative father has failed to:
8 (i) provide substantial financial support for the
9 child; or
10 (ii) make substantial and ongoing provision for the
11 child's care.
12 * * *
13 § 2505. Counseling.
14 (a) [List of counselors] Information.--Any hospital or other
15 facility providing maternity care shall provide to its maternity
16 patients who are known to be considering relinquishment or
17 termination of parental rights pursuant to this part a list of
18 available counselors and counseling services compiled pursuant
19 to subsection (b) [to its maternity patients who are known to be
20 considering relinquishment or termination of parental rights
21 pursuant to this part] and information about the counseling fund
22 and how to access it for patients who are unable to pay for
23 counseling. The patient shall sign an acknowledgment of receipt
24 of such list prior to discharge, a copy of which receipt shall
25 be provided to the patient.
26 * * *
27 (d) Application for counseling.--
28 (1) Any parent who has filed a petition to relinquish
29 his or her parental rights, or has executed a consent to
30 adoption, and is in need of counseling concerning the
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1 relinquishment or consent, and the alternatives thereto, may
2 apply to the court for referral to an agency or qualified
3 counselor listed by a court pursuant to subsection (b) for
4 the purpose of receiving such counseling. The court, in its
5 discretion, may make such a referral where it is satisfied
6 that this counseling would be of benefit to the parent.
7 (2) A parent who is contemplating relinquishment or
8 termination of parental rights may apply to the court for
9 referral to a qualified counselor, counseling services or
10 adoption agency identified by subsection (b) for the purpose
11 of obtaining counseling concerning relinquishment or
12 termination of parental rights or the alternatives. Costs
13 approved by the court for counseling may be paid from the
14 counseling fund established in subsection (e).
15 * * *
16 § 2530. Home study and preplacement report.
17 (a) General rule.--No intermediary shall place a child in
18 the physical care or custody of a prospective adoptive parent or
19 parents unless a home study containing a favorable
20 recommendation for placement of a child with the prospective
21 parent or parents has been completed within three years prior
22 thereto and which has been supplemented within one year prior
23 thereto. The home study shall be conducted by a local public
24 child-care agency[,] or an adoption agency [or a licensed social
25 worker designated by the court to perform such study].
26 (b) Preplacement report.--A preplacement report shall be
27 prepared by the agency [or person] conducting the home study.
28 (1) The preplacement report shall set forth all
29 pertinent information relating to the fitness of the adopting
30 parents as parents.
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1 (2) The preplacement report shall be based upon a study
2 which shall include an investigation of the home environment,
3 family life, parenting skills, age, physical and mental
4 health, social, cultural and religious background, facilities
5 and resources of the adoptive parents and their ability to
6 manage their resources. The preplacement report shall also
7 include the information required by section 6344(b) (relating
8 to information relating to prospective child-care personnel).
9 (3) The preplacement report shall include a
10 determination regarding the fitness of the adopting parents
11 as parents.
12 (4) The preplacement report shall be dated and verified.
13 (c) Interim placement.--Where a home study required under
14 this section is in process, but not yet completed, an
15 intermediary may place a child in the physical care or custody
16 of a prospective adoptive parent or parents if all of the
17 following conditions are met:
18 (1) The intermediary has no reason to believe that the
19 prospective adoptive parent or parents would not receive a
20 favorable recommendation for placement as a result of the
21 home study.
22 (2) The [individual or] agency conducting the home study
23 assents to the interim placement.
24 (3) The intermediary immediately notifies the court of
25 the interim placement and the identity of the [individual or]
26 agency conducting the home study. If at any time prior to the
27 completion of the home study the court is notified by the
28 [individual or] agency conducting the home study that it
29 withdraws its assent to the interim placement, the court may
30 order the placement of the child in temporary foster care
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1 with an agency until a favorable recommendation for placement
2 is received.
3 § 2531. Report of intention to adopt.
4 * * *
5 (b) Contents.--The report shall set forth:
6 (1) The circumstances surrounding the persons receiving
7 or retaining custody or physical care of the child, including
8 the date upon which a preplacement investigation was
9 concluded.
10 (2) The name, sex, racial background, age, date and
11 place of birth and religious affiliation of the child.
12 (3) The name and address of the intermediary.
13 (4) An itemized accounting of moneys and consideration
14 paid or to be paid to the intermediary.
15 (5) Whether the parent or parents whose parental rights
16 are to be terminated have received counseling with respect to
17 the termination and the alternatives thereto. If so, the
18 report shall state the dates on which the counseling was
19 provided and the name and address of the counselor or agency
20 which provided the counseling.
21 (6) The name, address and signature of the person or
22 persons making the report. Immediately above the signature of
23 the person or persons intending to adopt the child shall
24 appear the following statement:
25 I acknowledge that I have been advised or know and
26 understand that the natural parent may revoke the consent
27 to the adoption of this child until a court has entered a
28 decree terminating the parental rights and, unless a
29 decree terminating parental rights has been entered, the
30 natural parent may revoke the consent until a court
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1 enters the final adoption decree.
2 (7) A copy of the preplacement report prepared pursuant
3 to section 2530 (relating to home study and preplacement
4 report). A copy of the home study must be provided to the
5 court within 30 days of filing the report of intention to
6 adopt.
7 When a person receives or retains custody or physical care of a
8 child from an agency, the report shall set forth only the name
9 and address of the agency, the circumstances surrounding such
10 person receiving or retaining custody or physical care of the
11 child and a copy of the preplacement report or home study
12 prepared pursuant to section 2530.
13 * * *
14 Section 3. Section 2533(d) of Title 23 is amended by adding
15 a paragraph to read:
16 § 2533. Report of intermediary.
17 * * *
18 (d) Permissible reimbursement of expenses.--Payments made by
19 the adoptive parents to an intermediary or a third party for
20 reimbursement of the following expenses, calculated without
21 regard to the income of the adoptive parents, are permissible
22 and are not in violation of 18 Pa.C.S. § 4305 (relating to
23 dealing in infant children):
24 * * *
25 (3.1) Reasonable expenses incurred by the natural parent
26 for counseling services regarding relinquishment or
27 termination of parental rights or the alternatives.
28 * * *
29 Section 4. (a) Within six months of the effective date of
30 this act, the Department of Public Welfare shall submit to the
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1 Aging and Youth Committee of the Senate and the Aging and Youth
2 Committee of the House of Representatives a detailed summary of
3 specific recommendations for improvement in existing adoption
4 agency service regulations that reflect the comments and
5 suggestions of individuals and providers interested in adoption
6 issues. The committees, either jointly or separately, shall hold
7 public hearings to gather additional information and suggestions
8 which can be forwarded to the department.
9 (b) The Department of Public Welfare shall initiate the
10 rulemaking process so that final regulations implementing this
11 act are submitted, within 18 months of the effective date of
12 this act, to the Legislative Reference Bureau for publication in
13 the Pennsylvania Bulletin.
14 Section 5. This act shall take effect in 60 days.
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