PRINTER'S NO. 1746
No. 1338 Session of 2000
INTRODUCED BY HELFRICK, WHITE, BODACK, EARLL, KITCHEN, GERLACH,
MUSTO, PICCOLA, MOWERY, WENGER, PUNT, SLOCUM AND HART,
MARCH 15, 2000
REFERRED TO JUDICIARY, MARCH 15, 2000
AN ACT
1 Amending Titles 23 (Domestic Relations) and 42 (Judiciary and
2 Judicial Procedure) of the Pennsylvania Consolidated
3 Statutes, providing for standing for foster parents to
4 petition for or challenge custody or adoption of child.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Sections 2512(a), 2531(a), 2713 and 2721 of Title
8 23 of the Pennsylvania Consolidated Statutes are amended to
9 read:
10 § 2512. Petition for involuntary termination.
11 (a) Who may file.--A petition to terminate parental rights
12 with respect to a child under the age of 18 years may be filed
13 by any of the following:
14 (1) Either parent when termination is sought with
15 respect to the other parent.
16 (2) An agency.
17 (3) The individual having custody or standing in loco
18 parentis to the child and who has filed a report of intention
1 to adopt required by section 2531 (relating to report of
2 intention to adopt).
3 (4) An attorney representing a child or a guardian ad
4 litem representing a child who has been adjudicated dependent
5 under 42 Pa.C.S. § 6341(c) (relating to adjudication).
6 (5) A foster parent who currently has or has had in the
7 past physical care of the child, whether or not the foster
8 parent has actual custody of the child, and who has filed a
9 report of intention to adopt required by section 2531.
10 * * *
11 § 2531. Report of intention to adopt.
12 (a) General rule.--Every person, including a foster parent,
13 now having or hereafter receiving or retaining custody or
14 physical care of any child for the purpose or with the intention
15 of adopting a child under the age of 18 years shall report to
16 the court in which the petition for adoption will be filed.
17 * * *
18 § 2713. When other consents not required.
19 The court, in its discretion, may dispense with consents
20 other than that of the adoptee to a petition for adoption when:
21 (1) the adoptee is over 18 years of age; [or]
22 (2) the adoptee is under 18 years of age and has no
23 parent living whose consent is required; or
24 (3) the adopting parent is the foster parent who
25 currently has or has had in the past physical care of the
26 adoptee.
27 § 2721. Notice of hearing.
28 The court shall fix a time and place for hearing. Notice of
29 the hearing shall be given to all persons whose consents are
30 required, the foster parent who currently has or has had in the
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1 past physical care of the adoptee and to such other persons as
2 the court shall direct. Notice to the parent or parents of the
3 adoptee, if required, may be given by the intermediary or
4 someone acting on his behalf. Notice shall be by personal
5 service or by registered mail to the last known address of the
6 person to be notified or in such other manner as the court shall
7 direct.
8 Section 2. Title 23 is amended by adding a section to read:
9 § 5313.1. When a foster parent may petition.
10 A foster parent has standing to bring a petition for physical
11 and legal custody of a child who currently is or has been in the
12 physical care of the foster parent. If it is in the best
13 interest of the child not to be in the custody of either parent
14 or a county agency as defined in section 6303 (relating to
15 definitions) and if it is in the best interest of the child to
16 be in the custody of the foster parent, the court may award
17 physical and legal custody to the foster parent. This section
18 applies to a foster parent:
19 (1) who has genuine care and concern for the child;
20 (2) whose relationship with the child began with the
21 placement of the child with the foster parent by a county
22 agency as defined in section 6303 or pursuant to an order of
23 court; and
24 (3) who for 12 months has assumed the role and
25 responsibilities of the child's parent, providing for the
26 physical, emotional and social needs of the child, or who
27 assumes the responsibility for a child who has been
28 determined to be a dependent child pursuant to 42 Pa.C.S. Ch.
29 63 (relating to juvenile matters).
30 The court may issue a temporary order pursuant to this section.
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1 Section 3. Section 5345 of Title 23 is amended to read:
2 § 5345. Notice and opportunity to be heard.
3 Before making a decree under this subchapter, reasonable
4 notice and opportunity to be heard shall be given to the
5 contestants, any parent whose parental rights have not been
6 previously terminated, a foster parent who currently has or has
7 had in the past physical care of the child and any person who
8 has physical custody of the child. If any of these persons is
9 outside this Commonwealth, notice and opportunity to be heard
10 shall be given pursuant to section 5346 (relating to notice to
11 persons outside this Commonwealth; submission to jurisdiction).
12 Section 4. Sections 6334(a) and 6336.1 of Title 42 are
13 amended to read:
14 § 6334. Petition.
15 (a) Contents of petition.--A petition, which shall be
16 verified and may be on information and belief, may be brought by
17 any person including a law enforcement officer or foster parent.
18 It shall set forth plainly:
19 (1) The facts which bring the child within the
20 jurisdiction of the court and this chapter, with a statement
21 that it is in the best interest of the child and the public
22 that the proceeding be brought and, if delinquency is
23 alleged, that the child is in need of treatment, supervision
24 or rehabilitation.
25 (2) The name, age, and residence address, if any, of the
26 child on whose behalf the petition is brought.
27 (3) The names and residence addresses, if known to the
28 petitioner, of the parents, guardian, or custodian of the
29 child and of the spouse, if any, of the child. If none of his
30 parents, guardian, or custodian resides or can be found
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1 within this Commonwealth, or if their respective places of
2 residence address are unknown, the name of any known adult
3 relative residing within the county, or if there be none, the
4 known adult relative residing nearest to the location of the
5 court.
6 (4) If the child is in custody and, if so, the place of
7 his detention and the time he was taken into custody.
8 * * *
9 § 6336.1. Notice and hearing.
10 The court shall direct the county agency or juvenile
11 probation department to provide the child's foster parent,
12 preadoptive parent or relative providing care for the child with
13 timely notice of the hearing. The court shall provide the
14 child's foster parent, preadoptive parent or relative providing
15 care for the child the opportunity to be heard at any hearing
16 under this chapter. Nothing in this section shall give the
17 [foster parent,] preadoptive parent or relative providing care
18 for the child legal standing in the matter being heard by the
19 court.
20 Section 5. This act shall take effect in 60 days.
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