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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY BISHOP, DONATUCCI, BRIGGS, CREIGHTON, SIPTROTH, FRANKEL, MUNDY, HENNESSEY, KORTZ, PARKER, OLIVER, MAHER, WATSON, YOUNGBLOOD, GIBBONS, HALUSKA, GRUCELA AND SWANGER, NOVEMBER 12, 2009 |
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| REFERRED TO COMMITTEE ON CHILDREN AND YOUTH, NOVEMBER 12, 2009 |
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| AN ACT |
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1 | Amending Title 23 (Domestic Relations) of the Pennsylvania |
2 | Consolidated Statutes, extensively revising provisions on |
3 | adoption; and making repeals. |
4 | The General Assembly of the Commonwealth of Pennsylvania |
5 | hereby enacts as follows: |
6 | Section 1. The definitions of "agency," "intermediary," |
7 | "medical history information" and "parent" in section 2102 of |
8 | Title 23 of the Pennsylvania Consolidated Statutes are amended |
9 | and the section is amended by adding definitions to read: |
10 | § 2102. Definitions. |
11 | The following words and phrases when used in this part shall |
12 | have, unless the context clearly indicates otherwise, the |
13 | meanings given to them in this section: |
14 | * * * |
15 | "Adoption-related counseling services." Services offered by |
16 | an agency approved by the Department of Public Welfare, which, |
17 | at a minimum, provide a birth parent with assistance in |
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1 | understanding the adoption process, the birth parents' rights |
2 | and obligations, the consequences of a decision to relinquish |
3 | parental rights or to consent to an adoption and the |
4 | alternatives to a relinquishment, consent or adoption. |
5 | "Adoptive parent." An individual who has adopted a child. |
6 | "Agency." [Any incorporated or unincorporated] An agency |
7 | operated by a public or private organization, corporation, |
8 | society, institution or [other] entity, [public or voluntary,] |
9 | which [may receive or provide for the care of children, |
10 | supervised by the Department of Public Welfare and providing] |
11 | provides adoption services in accordance with standards |
12 | established by the [department.] Department of Public Welfare. |
13 | The term includes a county agency. |
14 | "Birth sibling." A biological sibling or the half sibling of |
15 | the adoptee. |
16 | "Child." An individual under 18 years of age. |
17 | * * * |
18 | "County agency." The county children and youth social |
19 | service agency established under section 405 of the act of June |
20 | 24, 1937 (P.L.2017, No.396), known as the County Institution |
21 | District Law, or its successor, and supervised by the Department |
22 | of Public Welfare under Article IX of the act of June 13, 1967 |
23 | (P.L.31, No.21), known as the Public Welfare Code. |
24 | * * * |
25 | "Department." The Department of Public Welfare of the |
26 | Commonwealth. |
27 | "Family profile." An agency's formal assessment of the |
28 | capacity and readiness of a prospective adoptive parent to adopt |
29 | a child, conducted in accordance with the provisions of this |
30 | part. |
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1 | "Intermediary." Any person [or persons] or agency acting |
2 | between the [parent or] parents and the proposed adoptive |
3 | [parent or] parents in arranging an adoption placement. |
4 | "Medical history information." Medical records and other |
5 | information concerning an adoptee or an adoptee's [natural] |
6 | birth family which is relevant to the adoptee's present or |
7 | future health care or medical treatment. The term includes: |
8 | (1) otherwise confidential or privileged information |
9 | provided that identifying contents have been removed pursuant |
10 | to section 2909 (relating to medical history information); |
11 | and |
12 | (2) information about the [natural] birth parents which |
13 | may be relevant to a potential hereditary or congenital |
14 | medical problem. |
15 | * * * |
16 | "Parent." [Includes adoptive parent.] The birth parent or |
17 | adoptive parent of the adoptee. |
18 | "Presumptive father." The husband of the birth mother, or an |
19 | individual who was her husband at any time within one year of |
20 | the birth of the child, who is not necessarily the birth father |
21 | of the child. |
22 | "Putative father." An alleged birth father of a child |
23 | conceived or born out of wedlock. |
24 | "Stepparent." The husband or wife of a parent who is not the |
25 | birth or adoptive parent of the child. |
26 | Section 2. Sections 2302(1), 2313 and 2501(a) of Title 23 |
27 | are amended to read: |
28 | § 2302. Venue. |
29 | Proceedings for voluntary relinquishment, involuntary |
30 | termination and adoption may be brought in the court of the |
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1 | county: |
2 | (1) Where the parent [or parents or], the adoptee or the |
3 | person [or persons] who [have] has filed a report of |
4 | intention to adopt required by section 2531 (relating to |
5 | report of intention to adopt) [reside] resides. |
6 | * * * |
7 | § 2313. Representation. |
8 | (a) Child.--The court shall appoint [counsel] a guardian ad |
9 | litem who is an attorney-at-law to represent the legal and best |
10 | interests of the child in an involuntary termination proceeding |
11 | when the proceeding is being contested by one or both of the |
12 | parents. The court may appoint [counsel or] a guardian ad litem |
13 | who is an attorney-at-law to represent any child who has not |
14 | reached the age of 18 years and is subject to any other |
15 | proceeding under this part whenever it is in the best interests |
16 | of the child. No attorney or law firm shall represent both the |
17 | child and the adopting parent [or parents]. |
18 | (a.1) Parent.-- |
19 | (1) The court shall appoint counsel for a parent whose |
20 | rights are subject to termination in an involuntary |
21 | termination proceeding if, upon petition of the parent, the |
22 | court determines that the parent is unable to pay for counsel |
23 | or if payment would result in substantial financial hardship. |
24 | (2) The court shall appoint counsel for a parent who is |
25 | under 18 years of age and whose consent is required under |
26 | section 2711 (relating to consents necessary to adoption) if |
27 | the court determines that the parent is unable to pay for |
28 | counsel or if payment would result in substantial financial |
29 | hardship. |
30 | (b) Payment of costs.--[The] For counsel appointed under |
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1 | subsection (a.1), the county of residence of the parent for whom |
2 | counsel is appointed shall be responsible for the payment of |
3 | attorney costs. Except as set forth in subsection (c)(2), the |
4 | court[, in its discretion,] may order [all or part] that the |
5 | adopting parent pay up to 50% of the costs [attendant to a |
6 | proceeding under this part to be paid by the county wherein the |
7 | case is heard, the adopting parents or apportioned to both, |
8 | provided that if the adopting parents shall be ordered to bear |
9 | all or a portion of the costs of this part that: |
10 | (1) the court may direct] of the appointment of a |
11 | guardian ad litem, commensurate with the ability to pay |
12 | without causing financial hardship and that the payment [of |
13 | the fees or a portion thereof may be paid by] be made |
14 | according to a court ordered schedule [of payments extending |
15 | beyond the date of the involuntary termination hearing; and |
16 | (2) the fee shall not exceed $150]. The remaining costs |
17 | for a guardian ad litem shall be paid by the county where the |
18 | action is heard. |
19 | (c) Exceptions.-- |
20 | (1) An adopting parent shall not be responsible for |
21 | costs related to court-appointed counsel under subsection |
22 | (a.1). |
23 | (2) An adopting parent who is adopting a special needs |
24 | child eligible for adoption assistance under regulations of |
25 | the department shall not be responsible for payment of costs |
26 | under subsection (b). |
27 | § 2501. Relinquishment to agency. |
28 | (a) Petition.--When any child under the age of 18 years has |
29 | been in the care of an agency for a minimum period of three days |
30 | or, whether or not the agency has the physical care of the |
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1 | child, the agency has received a written notice of the present |
2 | intent to transfer to it custody of the child, executed by the |
3 | birth parent, the birth parent [or parents] of the child may |
4 | petition the court for permission to relinquish forever all |
5 | parental rights and duties with respect to their child. The |
6 | petition must include an acknowledgment in writing by the birth |
7 | parent of all of the following: |
8 | (1) Adoption-related counseling services have been |
9 | offered to the birth parent. |
10 | (2) If the birth parent requested adoption-related |
11 | counseling services, whether the adoption-related counseling |
12 | services have been provided. |
13 | (3) If adoption-related counseling services were |
14 | provided, the name and address of the agency which provided |
15 | them. |
16 | * * * |
17 | Section 3. Section 2502(a) of Title 23 is amended and the |
18 | section is amended by adding a subsection to read: |
19 | § 2502. Relinquishment to adult intending to adopt child. |
20 | (a) Petition.--When any child under the age of 18 years has |
21 | been for a minimum period of three days in the exclusive care of |
22 | an adult or adults who have filed a report of intention to adopt |
23 | required by section 2531 (relating to report of intention to |
24 | adopt), the parent [or parents] of the child may petition the |
25 | court for permission to relinquish forever all parental rights |
26 | to [their] the child. The petition must include an |
27 | acknowledgment in writing by the birth parent of all of the |
28 | following: |
29 | (1) Adoption-related counseling services have been |
30 | offered to the birth parent. |
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1 | (2) If the birth parent requested adoption-related |
2 | counseling services, whether the adoption-related counseling |
3 | services have been provided. |
4 | (3) If adoption-related counseling services were |
5 | provided, the name and address of the agency which provided |
6 | them. |
7 | * * * |
8 | (c) Written authorization.--If a parent or guardian has |
9 | relinquished a child under this section, the parent or guardian |
10 | shall furnish to the prospective adoptive parent a signed |
11 | writing stating that the relinquishment is for the purpose of |
12 | adoption and authorizes the prospective adoptive parent to |
13 | provide support and medical and other care for the child until |
14 | the adoption is finalized. |
15 | Section 4. Title 23 is amended by adding a section to read: |
16 | § 2502.1. Agency requirements for abandoned child. |
17 | (a) Designation of adoptive parent.--Within 30 days after an |
18 | agency obtains custody of a child found under such circumstances |
19 | that the identities or whereabouts of the birth parents are |
20 | unknown, the agency shall make all reasonable efforts to |
21 | identify and designate a prospective adoptive parent. |
22 | (b) Diligent search.--The agency shall commence a search for |
23 | the birth parents of the abandoned child under section 2511(a) |
24 | (4) (relating to grounds for involuntary termination). The |
25 | search shall be completed within 75 days after the agency |
26 | obtains custody of the child. |
27 | (c) Termination petition.--If the requirements of this |
28 | section and section 2511(a)(4) are met, the agency shall file a |
29 | petition for termination of parental rights within 120 days |
30 | after the date on which the child was found. |
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1 | (d) Hearing.--A hearing on a petition under this section |
2 | shall be conducted by the court on an expedited basis. |
3 | (e) Report of intention to adopt.--The agency shall assist |
4 | the prospective adoptive parent with the filing of the report |
5 | under section 2531 (relating to report of intention to adopt). |
6 | Section 5. Section 2503 heading and (b)(3), (c), (d) and (e) |
7 | of Title 23 are amended and the section is amended by adding a |
8 | subsection to read: |
9 | § 2503. [Hearing] Voluntary relinquishment hearing. |
10 | * * * |
11 | (a.1) Custody of child.--During the pendency of a proceeding |
12 | under this section, unless the court directs otherwise, custody |
13 | of the child shall remain with the individual or agency that had |
14 | custody at the time the petition was filed. |
15 | (b) Notice.-- |
16 | * * * |
17 | (3) The [copy of the notice which is given to the] |
18 | putative father shall [state that his rights may also be |
19 | subject to termination pursuant to subsection (d) if he fails |
20 | to file either an acknowledgment of paternity or claim of |
21 | paternity pursuant to section 5103 (relating to |
22 | acknowledgment and claim of paternity) and fails to either |
23 | appear at the hearing for the purpose of objecting to the |
24 | termination of his rights or file a written objection to such |
25 | termination with the court prior to the hearing.] receive |
26 | notice in the form provided in section 2513(b) (relating to |
27 | hearing). If the identity or whereabouts of the putative |
28 | father is unknown, notice shall be given under section |
29 | 2514(b) (relating to notice if putative father or his |
30 | whereabouts unknown). Notice under this paragraph shall state |
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1 | that the putative father's rights may also be terminated |
2 | under subsection (d) if any of the following apply: |
3 | (i) He fails to file with the court prior to the |
4 | hearing a written objection to the termination. |
5 | (ii) He fails to appear at the hearing for the |
6 | purpose of objecting to the termination of his rights. |
7 | (iii) The court determines, after a hearing, that he |
8 | has failed to: |
9 | (A) provide substantial financial support for |
10 | the child; or |
11 | (B) make substantial and ongoing provision for |
12 | the child's care. |
13 | (c) Decree.-- |
14 | (1) After a hearing, which shall be private, the court |
15 | may enter a decree of termination of parental rights [in the |
16 | case of their relinquishment to an adult or a decree of |
17 | termination of parental rights and duties, including the |
18 | obligation of support, in the case of their relinquishment to |
19 | an agency]. |
20 | (2) Subject to paragraph (3), a decree of termination of |
21 | parental rights terminates forever all the subject parent's |
22 | parental rights and duties with respect to the child, |
23 | including the obligation of support. |
24 | (3) A decree of termination of parental rights does not |
25 | extinguish the duty of a parent to pay arrearages for child |
26 | support. |
27 | (d) [Putative father.--] Termination of putative father's |
28 | parental rights.--If a putative father [will not file a petition |
29 | to voluntarily relinquish his parental rights pursuant to |
30 | section 2501 (relating to relinquishment to agency) or 2502 |
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1 | (relating to relinquishment to adult intending to adopt child),] |
2 | has been given notice of the hearing being held pursuant to this |
3 | section [and], the court may enter a decree terminating his |
4 | parental rights, whether or not the putative father has filed an |
5 | acknowledgment of paternity or claim of paternity under section |
6 | 5103 (relating to acknowledgment and claim of paternity), if any |
7 | of the following paragraphs apply: |
8 | (1) The putative father fails to [either]: |
9 | (i) file a written objection to the termination with |
10 | the court prior to the hearing; or |
11 | (ii) appear at that hearing for the purpose of |
12 | objecting to termination of his parental rights [or file |
13 | a written objection to such termination with the court |
14 | prior to the hearing and has not filed an acknowledgment |
15 | of paternity or claim of paternity pursuant to section |
16 | 5103, the court may enter a decree terminating the |
17 | parental rights of the putative father pursuant to |
18 | subsection (c)]. |
19 | (2) The court determines, after a hearing, that the |
20 | putative father has failed to: |
21 | (i) provide substantial financial support for the |
22 | child; or |
23 | (ii) make substantial and ongoing provision for the |
24 | child's care. |
25 | (e) Right to file personal and medical history |
26 | information.--At the time the decree of termination is |
27 | transmitted to the parent whose rights are terminated, the court |
28 | shall advise that parent, in writing, of his or her continuing |
29 | right to place and update personal and medical history |
30 | information, whether or not the medical condition is in |
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1 | existence or discoverable at the time of adoption, on file with |
2 | the court, with the Department of Health and with the |
3 | [Department of Public Welfare] department pursuant to section |
4 | 2905(d) (relating to impounding of proceedings and access to |
5 | records). |
6 | Section 6. Section 2504 of Title 23 is repealed: |
7 | [§ 2504. Alternative procedure for relinquishment. |
8 | (a) Petition to confirm consent to adoption.--If the parent |
9 | or parents of the child have executed consents to an adoption, |
10 | upon petition by the intermediary or, where is no intermediary, |
11 | by the adoptive parent, the court shall hold a hearing for the |
12 | purpose of confirming a consent to an adoption upon expiration |
13 | of the time periods under section 2711 (relating to consents |
14 | necessary to adoption). The original consent or consents to the |
15 | adoption shall be attached to the petition. |
16 | (b) Hearing.--Upon presentation of a petition filed pursuant |
17 | to this section, the court shall fix a time for a hearing which |
18 | shall not be less than ten days after filing of the petition. |
19 | Notice of the hearing shall be by personal service or by |
20 | registered mail or by such other means as the court may require |
21 | upon the consenter and shall be in the form provided in section |
22 | 2513(b) (relating to hearing). Notice of the hearing shall be |
23 | given to the other parent or parents, to the putative father |
24 | whose parental rights could be terminated pursuant to subsection |
25 | (c) and to the parents or guardian of a consenting parent who |
26 | has not reached 18 years of age. The notice shall state that the |
27 | consenting parent's or putative father's rights may be |
28 | terminated as a result of the hearing. After hearing, which |
29 | shall be private, the court may enter a decree of termination of |
30 | parental rights in the case of a relinquishment to an adult or a |
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1 | decree of termination of parental rights and duties, including |
2 | the obligation of support, in the case of a relinquishment to an |
3 | agency. |
4 | (c) Putative father.--If a putative father will not execute |
5 | a consent to an adoption as required by section 2711, has been |
6 | given notice of the hearing being held pursuant to this section |
7 | and fails to either appear at that hearing for the purpose of |
8 | objecting to termination of his parental rights or file a |
9 | written objection to such termination with the court prior to |
10 | the hearing and has not filed an acknowledgment of paternity or |
11 | claim of paternity pursuant to section 5103 (relating to |
12 | acknowledgment and claim of paternity), the court may enter a |
13 | decree terminating the parental rights of the putative father |
14 | pursuant to subsection (b). |
15 | (d) Right to file personal and medical history |
16 | information.--At the time the decree of termination is |
17 | transmitted to the parent, the court shall also advise, in |
18 | writing, the parent whose rights have been terminated of his or |
19 | her continuing right to place and update personal and medical |
20 | history information, whether or not the medical condition is in |
21 | existence or discoverable at the time of adoption, on file with |
22 | the court and with the Department of Public Welfare pursuant to |
23 | section 2905(d) (relating to impounding of proceedings and |
24 | access to records).] |
25 | Section 7. Sections 2504.1 and 2505 of Title 23 are amended |
26 | to read: |
27 | § 2504.1. Confidentiality. |
28 | The court shall take such steps as are reasonably necessary |
29 | to assure that the identity of the adoptive parent [or parents] |
30 | is not disclosed without [their] that parent's consent in any |
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1 | proceeding under this subchapter or Subchapter B (relating to |
2 | involuntary termination). The Supreme Court may prescribe |
3 | uniform rules under this section relating to such |
4 | confidentiality. |
5 | § 2505. [Counseling] Adoption-related counseling services. |
6 | (a) [List of counselors] Information.--Any hospital or other |
7 | facility providing maternity care shall provide a list of |
8 | [available counselors and] agencies approved to provide |
9 | adoption-related counseling services compiled pursuant to |
10 | subsection (b) to its maternity patients who are known to be |
11 | considering relinquishment or termination of parental rights or |
12 | consent to adoption pursuant to this part[.] and information |
13 | about the counseling fund and how to access it for patients who |
14 | are unable to pay for counseling. The patient shall sign an |
15 | acknowledgment of receipt of such list prior to discharge, a |
16 | copy of which receipt shall be provided to the patient. |
17 | (b) Compilation of list.--The [court] department shall |
18 | compile a list, on a county-by-county basis, of [qualified |
19 | counselors and] agencies approved by the department to provide |
20 | adoption-related counseling services [(including all adoption |
21 | agencies)] which are available to [counsel natural] birth |
22 | parents [within the county] who are contemplating relinquishment |
23 | or termination of parental rights or consent to adoption, who |
24 | have filed a petition to relinquish parental rights or who have |
25 | executed a consent to an adoption, pursuant to this part. Such |
26 | list shall be distributed to every court of common pleas, |
27 | agency, hospital or [other] facility providing maternity care |
28 | within the county [and]. The department shall [be made] make the |
29 | list available upon request to any [intermediary or licensed |
30 | health care professional] person. |
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1 | (c) Court determination and referral.--Prior to entering a |
2 | decree of termination of parental rights pursuant to section |
3 | 2503 (relating to voluntary relinquishment hearing) or [2504] |
4 | 2711.1 (relating to [alternative procedure for relinquishment), |
5 | if the parent whose rights are to be terminated is present in |
6 | court,] termination of parental rights pursuant to consent), the |
7 | court shall [inquire] determine whether [he or she] the birth |
8 | parent has [received] been offered adoption-related counseling |
9 | [concerning the termination and the alternatives thereto from an |
10 | agency or from a qualified counselor listed by a court pursuant |
11 | to subsection (b)] services. If the birth parent has not |
12 | [received such] been offered adoption-related counseling |
13 | services, the court [may, with the parent's consent, refer] |
14 | shall provide the birth parent [to an agency or qualified |
15 | counselor listed by a court] with the list compiled pursuant to |
16 | subsection (b) [for the purpose of receiving such counseling]. |
17 | In no event shall the court delay the completion of any hearing |
18 | pursuant to section 2503 or [2504] 2711.1 for more than 15 days |
19 | in order [to provide] for the birth parent to obtain such |
20 | counseling. |
21 | (d) Application for counseling.--[Any parent who has filed] |
22 | Any of the following may apply to a county agency for referral |
23 | to an agency listed under subsection (b) for the purpose of |
24 | receiving adoption-related counseling services paid from funds |
25 | under subsection (e): |
26 | (1) A birth parent, or an intermediary acting on behalf |
27 | of the birth parent, who is contemplating: |
28 | (i) relinquishment of parental rights; or |
29 | (ii) execution of a consent to adoption. |
30 | (2) A birth parent, or an intermediary acting on behalf |
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1 | of the birth parent, who has not been offered adoption- |
2 | related counseling services and has: |
3 | (i) filed a petition to relinquish [his or her] |
4 | parental rights[,]; or [has] |
5 | (ii) executed a consent to adoption.[, and is in |
6 | need of counseling concerning the relinquishment or |
7 | consent, and the alternatives thereto, may apply to the |
8 | court for referral to an agency or qualified counselor |
9 | listed by a court pursuant to subsection (b) for the |
10 | purpose of receiving such counseling. The court, in its |
11 | discretion, may make such a referral where it is |
12 | satisfied that this counseling would be of benefit to the |
13 | parent.] |
14 | (d.1) County agency.-- |
15 | (1) Within three business days of receiving the |
16 | application under subsection (d), the county agency must |
17 | notify the applicant of approval or disapproval of the |
18 | application. Disapproval must be in writing and include the |
19 | reason. Failure to comply with this paragraph shall be deemed |
20 | approval of the application. |
21 | (2) Upon notification that the applicant is approved, |
22 | the county agency shall advise the applicant of procedures to |
23 | obtain adoption-related counseling services. |
24 | (3) The frequency of adoption-related counseling |
25 | services shall be determined by the county in accordance with |
26 | regulations promulgated by the department, which take into |
27 | account the needs of the parent. |
28 | (e) [Counseling fund] Funds.-- |
29 | (1) Except as [hereinafter] provided in paragraph (2), |
30 | each report of intention to adopt filed pursuant to section |
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1 | 2531 (relating to report of intention to adopt) shall be |
2 | accompanied by a filing fee in the amount of $75 which shall |
3 | be [paid into a segregated fund established by] transferred |
4 | to the [county] agency to pay for adoption-related services. |
5 | The county may also make supplemental appropriations to the |
6 | fund. All costs of adoption-related counseling services |
7 | provided pursuant to subsection (c) or (d) to individuals who |
8 | are unable to pay for such counseling shall be paid from the |
9 | fund. Costs related to adoption-related counseling services |
10 | for a birth parent whose child is adjudicated dependent shall |
11 | be considered a reimbursable expenditure of the county agency |
12 | as an adoption service, with reimbursement to the county |
13 | agency by the department of the reasonable costs, under |
14 | section 704.1(a)(6) of the act of June 13, 1967 (P.L.31, |
15 | No.21), known as the Public Welfare Code. |
16 | (2) No filing fee may be exacted under this subsection |
17 | with respect to the adoption of a special needs child who |
18 | would be eligible for adoption assistance pursuant to |
19 | regulations promulgated by the [Department of Public Welfare] |
20 | department. In addition, the court may reduce or waive the |
21 | fee in cases of demonstrated financial hardship. |
22 | (3) On an annual basis, the county agency shall report |
23 | to the department all of the following: |
24 | (i) The amount of money made available to the county |
25 | agency through filing fees established in paragraph (1) |
26 | and other sources of funding for adoption-related |
27 | counseling services. |
28 | (ii) The number of requests to the county agency for |
29 | referral to adoption-related counseling services. |
30 | (iii) The amount paid by the county agency for |
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1 | adoption-related counseling services. |
2 | (iv) The estimated per-parent cost of adoption- |
3 | related counseling services. |
4 | Section 8. Section 2511(a)(2), (3), (4), (6) and (7), (b) |
5 | and (c) of Title 23 are amended and subsection (a) is amended by |
6 | adding paragraphs to read: |
7 | § 2511. Grounds for involuntary termination. |
8 | (a) General rule.--The rights of a parent in regard to a |
9 | child may be terminated after a petition filed on any of the |
10 | following grounds: |
11 | * * * |
12 | (2) The repeated and continued incapacity, abuse, |
13 | neglect or refusal of the parent has caused the child to be |
14 | without essential parental care, control or subsistence |
15 | necessary for his physical or mental well-being and the |
16 | conditions and causes of the incapacity, abuse, neglect or |
17 | refusal cannot or will not be remedied by the parent within a |
18 | reasonable period of time. |
19 | (3) The parent is the presumptive but not the [natural] |
20 | birth father of the child. |
21 | (4) The child was abandoned and is in the custody of an |
22 | agency, [having been found under such circumstances that] the |
23 | identity or whereabouts of the parent is unknown and cannot |
24 | be ascertained by diligent search and the parent does not |
25 | claim the child within three months after the child is found. |
26 | * * * |
27 | (6) In the case of a newborn child, the parent knows or |
28 | has reason to know of the child's birth, does not reside with |
29 | the child, [has not married the child's other parent,] has |
30 | failed for a period of four months immediately preceding the |
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1 | filing of the petition to make reasonable efforts to maintain |
2 | substantial and continuing contact with the child and has |
3 | failed during the same four-month period to provide |
4 | substantial financial support for the child. |
5 | (7) The parent is the [father of a child conceived as a |
6 | result] perpetrator of a rape or sexual assault or of incest, |
7 | which resulted in the conception of the child. |
8 | * * * |
9 | (10) The identity or whereabouts of the putative father |
10 | of the child is unknown and notice has been provided under |
11 | section 2514 (relating to notice if putative father or his |
12 | whereabouts unknown). |
13 | (11) The parent has engaged in repeated and continued |
14 | abuse or neglect of the child, the child's sibling or another |
15 | child residing in the child's household. |
16 | (12) The child, the child's sibling or another child |
17 | residing in the child's household has been the victim of any |
18 | of the following by the parent whose rights are to be |
19 | involuntarily terminated: |
20 | (i) Serious bodily injury, as defined in section |
21 | 6303(a) (relating to definitions). |
22 | (ii) An offense under 18 Pa.C.S. Ch. 25 (relating to |
23 | criminal homicide). |
24 | (iii) Indecent contact, as defined in 18 Pa.C.S. § |
25 | 3101 (relating to definitions). |
26 | (iv) An offense under any of the following |
27 | provisions of 18 Pa.C.S. (relating to crimes and |
28 | offenses): |
29 | Section 3121(a) (relating to rape). |
30 | Section 3122.1 (relating to statutory sexual |
|
1 | assault). |
2 | Section 3123 (relating to involuntary deviate |
3 | sexual intercourse). |
4 | Section 3124.1 (relating to sexual assault). |
5 | Section 3125 (relating to aggravated indecent |
6 | assault). |
7 | Section 3126 (relating to indecent assault). |
8 | Section 4302 (relating to incest). |
9 | Section 6312 (relating to sexual abuse of |
10 | children). |
11 | Section 6320 (relating to sexual exploitation of |
12 | children). |
13 | (v) An offense in another jurisdiction similar to an |
14 | offense listed in this paragraph. |
15 | (b) Other considerations.--The court in terminating the |
16 | rights of a parent shall give primary consideration to the |
17 | developmental, physical and emotional needs and welfare of the |
18 | child. The rights of a parent shall not be terminated solely on |
19 | the basis of environmental factors such as inadequate housing, |
20 | furnishings, income, clothing and medical care if found to be |
21 | beyond the control of the parent. With respect to any petition |
22 | filed pursuant to subsection (a)[(1), (6) or (8)], the court |
23 | shall not consider any efforts by the parent to remedy the |
24 | conditions described therein which are first initiated |
25 | subsequent to the giving of notice of the filing of the |
26 | petition. |
27 | (c) Right to file personal and medical history |
28 | information.--At the time the decree of termination is |
29 | transmitted to the parent whose rights have been terminated, the |
30 | court shall advise the parent, in writing, of his or her |
|
1 | continuing right to place and update personal and medical |
2 | history information, whether or not the medical condition is in |
3 | existence or discoverable at the time of adoption, on file with |
4 | the court, the Department of Health and [with] the [Department |
5 | of Public Welfare] department pursuant to section 2905(d) |
6 | (relating to impounding of proceedings and access to records). |
7 | Section 9. Section 2512(c) of Title 23 is amended to read: |
8 | § 2512. Petition for involuntary termination. |
9 | * * * |
10 | [(c) Father not identified.--If the petition does not |
11 | identify the father of the child, it shall state whether a claim |
12 | of paternity has been filed under section 8303 (relating to |
13 | claim of paternity).] |
14 | Section 10. Section 2513(b), (c) and (d) of Title 23 are |
15 | amended and the section is amended by adding a subsection to |
16 | read: |
17 | § 2513. Hearing. |
18 | * * * |
19 | (a.1) Custody of child.--During the pendency of a proceeding |
20 | under this section, unless the court directs otherwise, custody |
21 | of the child shall remain with the individual or agency that had |
22 | custody at the time the petition was filed. |
23 | (b) Notice.--At least ten days' notice shall be given to the |
24 | parent [or parents], putative father, or parent of a minor |
25 | parent whose rights are to be terminated, by personal service or |
26 | by registered mail to his or their last known address or by such |
27 | other means as the court may require. A copy of the notice shall |
28 | be given in the same manner to the other parent, putative father |
29 | or parent or guardian of a minor parent whose rights are to be |
30 | terminated. A putative father shall include one who has filed a |
|
1 | claim of paternity as provided in section 5103 (relating to |
2 | acknowledgment and claim of paternity) prior to the institution |
3 | of proceedings. The notice shall state the following: |
4 | ["]A petition has been filed asking the court to put an |
5 | end to all rights you have to your child (insert name of |
6 | child). The court has set a hearing to consider ending your |
7 | rights to your child. That hearing will be held in (insert |
8 | place, giving reference to exact room and building number or |
9 | designation) on (insert date) at (insert time). You are |
10 | warned that even if you fail to appear at the scheduled |
11 | hearing, the hearing will go on without you and your rights |
12 | to your child may be ended by the court without [your] you |
13 | being present. You have a right to be represented at the |
14 | hearing by a lawyer. You should take this paper to your |
15 | lawyer at once. If you do not have a lawyer or cannot afford |
16 | one, go to or telephone the office set forth below to find |
17 | out where you can get legal help. |
18 19 20 21 | | (Name).......................... (Address)....................... ................................ (Telephone number)...........["] | |
|
22 | (c) Mother competent witness on paternity issue.--The |
23 | [natural] birth mother shall be a competent witness as to |
24 | whether the presumptive or putative father is the [natural] |
25 | birth father of the child. |
26 | (d) Decree.-- |
27 | (1) After hearing, which may be private, the court shall |
28 | make a finding relative to the pertinent provisions of |
29 | section 2511 (relating to grounds for involuntary |
|
1 | termination) [and upon such]. Upon a finding by clear and |
2 | convincing evidence of a ground under section 2511, the court |
3 | may enter a decree of termination of parental rights. |
4 | (2) Subject to paragraph (3), a decree of termination of |
5 | parental rights terminates forever all the subject parent's |
6 | parental rights and duties with respect to the child, |
7 | including the obligation of support. |
8 | (3) A decree of termination of parental rights does not |
9 | extinguish the duty of a parent to pay arrearages for child |
10 | support. |
11 | Section 11. Title 23 is amended by adding a section to read: |
12 | § 2514. Notice if putative father or his whereabouts unknown. |
13 | (a) Reasonable efforts.-- |
14 | (1) A petitioner under sections 2501 (relating to |
15 | relinquishment to agency), 2502 (relating to relinquishment |
16 | to adult intending to adopt child), 2512 (relating to |
17 | petition for involuntary termination) and 2711.1 (relating to |
18 | termination of parental rights pursuant to consent) must |
19 | establish that reasonable efforts were made to identify or |
20 | locate a putative father for the purpose of providing notice |
21 | in a proceeding under this part. |
22 | (2) In determining whether the petitioner's efforts to |
23 | provide notice were sufficient under this part, the court |
24 | shall consider all of the following: |
25 | (i) The extent to which inquiries were made as to |
26 | whether: |
27 | (A) The birth mother was married or cohabitating |
28 | with a man at the probable time of conception of the |
29 | child. |
30 | (B) The birth mother has received payments or |
|
1 | promises of support, other than from a governmental |
2 | agency, with respect to the child or because of her |
3 | pregnancy. |
4 | (C) The birth mother has named any individual as |
5 | the father on the birth certificate of the child or |
6 | in connection with applying for or receiving public |
7 | assistance. |
8 | (D) An individual has formally or informally |
9 | acknowledged or claimed paternity of the child in a |
10 | jurisdiction in which the birth mother resided during |
11 | or since her pregnancy or in which the child has |
12 | resided or resides at the time of the inquiry. |
13 | (ii) Documentation that notice has been sent |
14 | unsuccessfully to the identified putative father at his |
15 | last known address. |
16 | (iii) Documentation that inquiry regarding the last |
17 | known address or residence of the putative father was |
18 | made to the following entities if applicable: |
19 | (A) Local post office. |
20 | (B) State agency with jurisdiction over drivers' |
21 | licenses. |
22 | (C) State agency with jurisdiction over public |
23 | assistance. |
24 | (D) State or local voter registration agency. |
25 | (E) State and local probation and parole |
26 | offices. |
27 | (b) Notice by publication.--If the petitioner can establish |
28 | that reasonable but unsuccessful efforts were made to identify |
29 | or locate a putative father, notice of the proceeding may be |
30 | given to the putative father by publication one time in both a |
|
1 | newspaper of general circulation and in the county legal journal |
2 | at least ten days before the date of the hearing. Proof of |
3 | publication of the notice provided under this subsection must be |
4 | submitted to the court. |
5 | (c) Affidavit of service.--At the hearing on a petition to |
6 | terminate the parental rights of a putative father whose |
7 | identity or whereabouts are unknown, the petitioner must submit |
8 | to the court an affidavit of the reasonable efforts made to |
9 | identify or locate a putative father for the purpose of |
10 | providing notice of the proceedings. |
11 | (d) Determination by the court.--A specific finding must be |
12 | made by the court that reasonable efforts were made by the |
13 | petitioner under subsection (a)(1), including publication of |
14 | notice required under subsection (b), and that the putative |
15 | father is unknown or cannot be located for the purpose of |
16 | providing notice. |
17 | Section 12. Sections 2530 and 2531(b) of Title 23 are |
18 | amended to read: |
19 | § 2530. [Home study and preplacement report] Family profile. |
20 | (a) General rule.--No [intermediary shall place a] child may |
21 | be placed in the physical care or custody of a prospective |
22 | adoptive parent [or parents] unless a [home study] family |
23 | profile containing a favorable recommendation for placement of a |
24 | child with the prospective parent [or parents] has been |
25 | completed within three years prior thereto and which has been |
26 | supplemented within one year prior thereto. The [home study] |
27 | family profile shall be conducted by a [local public child-care |
28 | agency,] county agency or an adoption agency [or a licensed |
29 | social worker designated by the court to perform such study]. |
30 | The family profile is not required if a parent or guardian |
|
1 | places a child directly with a relative of the child, as |
2 | identified in section 2531(c) (relating to report of intention |
3 | to adopt) for purposes of adoption. |
4 | (b) [Preplacement report.--A preplacement report shall be |
5 | prepared by the agency or person conducting the home study.] |
6 | Contents.-- |
7 | (1) The [preplacement report] family profile shall set |
8 | forth all pertinent information relating to the parental |
9 | fitness of the adopting [parents as parents] parent. |
10 | (2) The [preplacement report] family profile shall be |
11 | based upon a study which shall include an investigation of |
12 | the home environment, family life, parenting skills, age, |
13 | physical and mental health, social, cultural and religious |
14 | background, facilities and resources of the adoptive |
15 | [parents] parent and [their] that parent's ability to manage |
16 | [their] resources. The [preplacement report] family profile |
17 | shall also include the information required by section |
18 | 6344(b) (relating to information relating to prospective |
19 | child-care personnel), as well as a report of Federal |
20 | criminal history record information. |
21 | (3) The [preplacement report] family profile shall |
22 | include a determination regarding the parental fitness of the |
23 | adopting [parents as parents] parent. |
24 | (4) The [preplacement report] family profile shall be |
25 | dated and verified. |
26 | (5) The family profile shall be based on a personal |
27 | interview with the petitioner in the petitioner's residence. |
28 | (c) Interim placement.--Where a [home study] family profile |
29 | required under this section is in process, but not yet |
30 | completed, [an intermediary may place] a child may be placed in |
|
1 | the physical care or custody of a prospective adoptive parent |
2 | [or parents] if all of the following conditions are met: |
3 | (1) The [intermediary] agency preparing the family |
4 | profile has no reason to believe that the prospective |
5 | adoptive parent [or parents] would not receive a favorable |
6 | recommendation for placement as a result of the [home study] |
7 | family profile. |
8 | (2) The [individual or] agency [conducting] preparing |
9 | the [home study] family profile assents to the interim |
10 | placement. |
11 | (3) The [intermediary] agency immediately notifies the |
12 | court of the interim placement and [the identity of the |
13 | individual or agency conducting the home study] that it is |
14 | preparing the family profile. If at any time prior to the |
15 | completion of the [home study] family profile, the court is |
16 | notified by the [individual or] agency [conducting] preparing |
17 | the [home study] family profile that it withdraws its assent |
18 | to the interim placement, the court may order the placement |
19 | of the child in temporary foster care with an agency until a |
20 | favorable recommendation for placement is received. |
21 | § 2531. Report of intention to adopt. |
22 | * * * |
23 | (b) Contents.--The report shall set forth: |
24 | (1) The circumstances surrounding the persons receiving |
25 | or retaining custody or physical care of the child, including |
26 | the date upon which a [preplacement investigation] family |
27 | profile was concluded. |
28 | (2) The name, sex, racial background, age, date and |
29 | place of birth and religious affiliation of the child. |
30 | (3) The name and address of the intermediary. |
|
1 | (4) An itemized accounting of moneys and consideration |
2 | paid or to be paid to the intermediary. |
3 | (5) Whether the parent [or parents] whose parental |
4 | rights are to be terminated [have received] has received |
5 | adoption-related counseling with respect to the termination |
6 | and the alternatives thereto. If so, the report shall state |
7 | the dates on which the counseling was provided and the name |
8 | and address of the [counselor or] agency which provided the |
9 | counseling. |
10 | (6) The name, address and signature of the person or |
11 | persons making the report. Immediately above the signature of |
12 | the person or persons intending to adopt the child shall |
13 | appear the following statement: |
14 | I acknowledge that I have been advised or know and |
15 | understand that the birth father or putative father may |
16 | revoke the consent to the adoption of this child within |
17 | 30 days after the later of the birth of the child or the |
18 | date he has executed the consent to an adoption and that |
19 | the birth mother may revoke the consent to an adoption of |
20 | this child within 30 days after the date she has executed |
21 | the consent. |
22 | (7) A copy of the [preplacement report prepared pursuant |
23 | to section 2530 (relating to home study and preplacement |
24 | report).] family profile. The copy of the family profile must |
25 | be provided to the court within 30 days of filing the report. |
26 | (8) Either: |
27 | (i) a copy of the medical and personal history of |
28 | the birth parents; or |
29 | (ii) the reason that the copy under subparagraph (i) |
30 | has not been obtained. |
|
1 | When a person receives or retains custody or physical care of a |
2 | child from an agency, the report shall set forth only the name |
3 | and address of the agency, the circumstances surrounding such |
4 | person receiving or retaining custody or physical care of the |
5 | child and a copy of the [preplacement report] family profile |
6 | prepared pursuant to section 2530 (relating to family profile). |
7 | * * * |
8 | Section 13. Title 23 is amended by adding a section to read: |
9 | § 2531.1. Criminal and child abuse background checks for |
10 | stepparent or relative adoptions. |
11 | The criminal and child abuse history record information |
12 | required under section 2530(b)(2) (relating to family profile) |
13 | must be obtained for any prospective adoptive parent who is a |
14 | stepparent or other relative of the adoptee. This information |
15 | must be attached to the petition for adoption. |
16 | Section 14. Section 2533(a), (b)(3) and (12) and (d) |
17 | introductory paragraph, (1) and (3) of Title 23 are amended and |
18 | subsections (b) and (d) are amended by adding paragraphs to |
19 | read: |
20 | § 2533. Report of intermediary. |
21 | (a) General rule.--Within six months after filing the report |
22 | of intention to adopt, the intermediary who or which arranged |
23 | the adoption placement of any child under the age of 18 years |
24 | shall make a written report under oath to the court in which the |
25 | petition for adoption will be filed and shall thereupon |
26 | forthwith notify in writing the adopting parent [or parents] of |
27 | the fact that the report has been filed and the date thereof. |
28 | (b) Contents.--The report shall set forth: |
29 | * * * |
30 | (3) The date of the placement of the child with the |
|
1 | adopting parent [or parents]. |
2 | * * * |
3 | (12) A statement: |
4 | (i) that personal and medical history information |
5 | was obtained [and if not obtained, a statement]; or |
6 | (ii) of the reason [therefor.] that the information |
7 | under subparagraph (i) was not obtained. |
8 | (13) A list of the dates of supervision of the adoptive |
9 | placement by the supervising agency. |
10 | * * * |
11 | (d) Permissible reimbursement of expenses.--Payments made by |
12 | the adoptive [parents] parent to an intermediary or a third |
13 | party for reimbursement of the following expenses, calculated |
14 | without regard to the income of the adoptive [parents] parent, |
15 | are permissible and are not in violation of 18 Pa.C.S. § 4305 |
16 | (relating to dealing in infant children): |
17 | (1) Medical [and], hospital, nursing, pharmaceutical, |
18 | travel or other similar expenses incurred by the [natural |
19 | mother for prenatal care and those medical and hospital |
20 | expenses incurred by the natural] birth mother [and] or her |
21 | child incident to birth or any illness of the child. |
22 | * * * |
23 | (3) Reasonable expenses incurred by the agency or a |
24 | third party for adjustment counseling and training services |
25 | provided to the adoptive parents [and for home studies], for |
26 | family profiles or investigations. |
27 | * * * |
28 | (5) Expenses for adoption-related counseling services |
29 | for a birth parent and for counseling services for the child |
30 | for a reasonable time before and after the child's placement |
|
1 | for adoption. |
2 | (6) Living expenses of a birth mother, which are limited |
3 | to food, clothing and shelter, for a reasonable time before |
4 | the birth of her child and for not more than six weeks after |
5 | the birth. |
6 | (7) Foster care expenses for a child who is not in the |
7 | custody of a county agency. |
8 | (8) Expenses for legal services performed for a birth |
9 | parent who consents to the adoption of a child or |
10 | relinquishes the child to an agency. |
11 | (9) Expenses for any other service the court finds to be |
12 | reasonably necessary. |
13 | Section 15. Section 2534 of Title 23 is amended by adding |
14 | paragraphs to read: |
15 | § 2534. Exhibits. |
16 | The report of the intermediary shall have attached to it the |
17 | following exhibits: |
18 | * * * |
19 | (4) A copy of the supervisory reports prepared by the |
20 | supervising agency. |
21 | (5) If obtained, a copy of the medical and personal |
22 | history information of the birth parents. |
23 | Section 16. Section 2535(a) of Title 23 is amended to read: |
24 | § 2535. Investigation. |
25 | (a) General rule.--When a report required by section 2531 |
26 | (relating to report of intention to adopt) has been filed, the |
27 | court shall cause an investigation to be made and a report to be |
28 | filed by a [local public child care] county agency[, a voluntary |
29 | child care] or an adoption agency with its consent [or an |
30 | appropriate person designated by the court]. In lieu of the |
|
1 | investigation, the court may accept an investigation made by the |
2 | agency which placed the child and the report of investigation in |
3 | such cases may be incorporated into the report of the |
4 | intermediary required by section 2533 (relating to report of |
5 | intermediary). |
6 | * * * |
7 | Section 17. Title 23 is amended by adding a section to read: |
8 | § 2536. Postplacement supervision. |
9 | An agency supervising an adoption shall conduct postplacement |
10 | supervision, consisting of a minimum of three visits to the |
11 | adoptive home. |
12 | Section 18. Subchapter E heading of Chapter 25 and sections |
13 | 2551, 2552, 2553, 2554, 2555, 2556 and 2558(2) of Title 23 are |
14 | amended to read: |
15 | SUBCHAPTER E |
16 | PENNSYLVANIA ADOPTION [COOPERATIVE EXCHANGE] REGISTRY |
17 | § 2551. Definitions. |
18 | The following words and phrases when used in this subchapter |
19 | shall have the meanings given to them in this section unless the |
20 | context clearly indicates otherwise: |
21 | ["Department." The Department of Public Welfare of the |
22 | Commonwealth.] |
23 | "[PACE] PAR." The Pennsylvania Adoption [Cooperative |
24 | Exchange] Registry established in section 2552 (relating to |
25 | Pennsylvania Adoption Registry). |
26 | § 2552. Pennsylvania Adoption [Cooperative Exchange] Registry. |
27 | There shall be a Pennsylvania Adoption [Cooperative Exchange] |
28 | Registry in the Office of Children, Youth and Families of the |
29 | [Department of Public Welfare] department. |
30 | § 2553. Registration of children. |
|
1 | (a) Mandatory registration.--[PACE] PAR shall register and |
2 | be responsible for the review and referral of children for whom |
3 | parental rights have been terminated for [90] 30 days and for |
4 | whom no report of intention to adopt has been filed in the court |
5 | of common pleas. |
6 | (b) Optional registration.--[PACE may also] |
7 | (1) PAR may register children [where] if: |
8 | (i) restoration to the biological family is neither |
9 | possible nor appropriate[,]; |
10 | (ii) a petition to terminate parental rights has |
11 | been filed; and |
12 | (iii) adoption is planned pending identification of |
13 | an adoptive parent [or parents. However, information]. |
14 | (2) PAR may register children with a court-approved goal |
15 | of adoption if: |
16 | (i) the court-approved goal of adoption has not been |
17 | appealed within 30 days; and |
18 | (ii) a petition to terminate parental rights has not |
19 | been filed. |
20 | (3) Information about these children shall not be |
21 | publicized without prior approval by the department, which |
22 | shall ensure the anonymity of these children until such time |
23 | as parental rights are terminated. |
24 | (c) Children excluded from registration.--A child for whom |
25 | termination of parental rights is being appealed in a court |
26 | shall not be registered with [PACE] PAR as available for |
27 | adoption. Identifying information of such children shall be |
28 | forwarded to [PACE] PAR by the agency, with reference to the |
29 | specific reason for which the child is not to be placed on the |
30 | listing service. |
|
1 | § 2554. Responsibilities of [PACE] PAR. |
2 | [PACE] PAR shall be responsible for the following: |
3 | (1) Registration of adoptive parent applicants who have |
4 | been approved by agencies. |
5 | (2) Accumulation and dissemination of statistical |
6 | information regarding all children registered with [PACE] |
7 | PAR. |
8 | (3) Creation and administration of a public information |
9 | program designed to inform potential adoptive parents of the |
10 | need for adoptive homes for children registered with [PACE] |
11 | PAR. |
12 | (4) Preparation and distribution of a photographic |
13 | listing service on children registered with [PACE] PAR. |
14 | (5) Preparation of annual [reports] report concerning |
15 | functions of [PACE] PAR regarding the children and the |
16 | prospective parents listed with [PACE] it. The [reports] |
17 | report shall be submitted annually by May 1 to the [Health |
18 | and Welfare and Judiciary Committees] Governor and the |
19 | appropriate standing committees of the Senate and of the |
20 | House of Representatives[, to the Public Health and Welfare |
21 | and Judiciary Committees of the Senate and to the Governor]. |
22 | The report shall include program and fiscal information |
23 | regarding PAR and additional Commonwealth and local |
24 | initiatives involving the recruitment of families interested |
25 | in adopting a child with special needs. As used in this |
26 | paragraph, the term "child with special needs" means an |
27 | "eligible child," as defined in section 772 of the act of |
28 | June 13, 1967 (P.L.31, No.21), known as the Public Welfare |
29 | Code. |
30 | (6) Coordination of its functions with other state, |
|
1 | regional and national adoption exchanges. |
2 | § 2555. Responsibilities of [public and private] agencies. |
3 | [All public and licensed private child service agencies] An |
4 | agency shall register with PAR all children [with PACE] for whom |
5 | parental rights have been terminated for [90] 30 days and for |
6 | whom no report of intention to adopt has been filed in the court |
7 | of common pleas. [A public or licensed private] An agency may |
8 | register other children as set forth in section 2553(b) |
9 | (relating to registration of children). An agency shall advise |
10 | prospective adopting parents of the existence of PAR. |
11 | § 2556. Related activities of agencies unaffected. |
12 | This subchapter shall not be construed to limit or delay |
13 | actions by agencies [or institutions] to arrange for adoptions |
14 | or other related matters on their own initiative and shall not |
15 | alter or restrict the duties, authority and confidentiality of |
16 | the agencies [and institutions] in those matters. |
17 | § 2558. Retroactive application of subchapter. |
18 | This subchapter shall apply retroactively to all children for |
19 | whom: |
20 | * * * |
21 | (2) Restoration to the [biological] birth family is |
22 | neither possible nor appropriate, a petition to terminate |
23 | parental rights has been filed and adoption is planned |
24 | pending identification of an adoptive parent [or parents]. |
25 | Section 19. Section 2701(1), (2) and (4) of Title 23 are |
26 | amended and the section is amended by adding paragraphs to read: |
27 | § 2701. Contents of petition for adoption. |
28 | A petition for adoption shall set forth: |
29 | (1) The full name, residence, marital status, age, |
30 | occupation, religious affiliation and racial background of |
|
1 | the adopting parent [or parents] and [their] the |
2 | relationship, if any, to the adoptee. |
3 | (2) That the reports under sections 2530 (relating to |
4 | [home study and preplacement report] family profile), 2531 |
5 | (relating to report of intention to adopt) and 2533 (relating |
6 | to report of intermediary) have been filed, if required. |
7 | (2.1) That the criminal and child abuse history record |
8 | information required by sections 2530(b)(2) and 2531.1 |
9 | (relating to criminal and child abuse background checks for |
10 | stepparent or relative adoptions), has been filed with the |
11 | court. |
12 | * * * |
13 | (4) The full name of the adoptee and the fact and length |
14 | of time of the residence of the adoptee with the adopting |
15 | parent [or parents]. |
16 | * * * |
17 | (10) That an investigation required under section 2535 |
18 | (relating to investigation) has been completed. |
19 | (11) Either: |
20 | (i) that the medical history and personal history of |
21 | the birth parents have been obtained; or |
22 | (ii) the reason that the information under |
23 | subparagraph (i) has not been obtained. |
24 | (12) The dates of the supervision of the adoptive |
25 | placement. |
26 | Section 20. Section 2702 of Title 23 is amended by adding |
27 | paragraphs to read: |
28 | § 2702. Exhibits. |
29 | The petition shall have attached to it the following |
30 | exhibits: |
|
1 | * * * |
2 | (3) Any report of investigation required under section |
3 | 2535 (relating to investigation). |
4 | (4) If obtained, the personal history and medical |
5 | history of the birth parents. |
6 | (5) A copy of the postplacement supervisory reports. |
7 | Section 21. Section 2711(b) and (d) of Title 23 are amended |
8 | and the section is amended by adding subsections to read: |
9 | § 2711. Consents necessary to adoption. |
10 | * * * |
11 | (b) Husband of [natural] birth mother.--The consent of the |
12 | [husband of the mother] presumptive father shall not be |
13 | necessary if, after notice to [the husband, it is proved to the |
14 | satisfaction of] him, the court finds, by clear and convincing |
15 | evidence, including testimony of the [natural] birth mother, |
16 | that the [husband of the natural mother] presumptive father is |
17 | not the [natural] birth father of the child. [Absent such proof, |
18 | the consent of a former husband of the natural mother shall be |
19 | required if he was the husband of the natural mother at any time |
20 | within one year prior to the birth of the adoptee.] |
21 | * * * |
22 | (c.1) Consent from another jurisdiction.--The validity and |
23 | revocability of a consent to adoption or a similar document |
24 | executed outside this Commonwealth shall be determined by the |
25 | law of the jurisdiction in which the document was executed. |
26 | (d) Contents of consent.-- |
27 | (1) [The] Unless a parent consents to an adoption by the |
28 | parent's spouse, the consent of a parent of an adoptee under |
29 | 18 years of age shall set forth the name, age and marital |
30 | status of the parent, the relationship of the consenter to |
|
1 | the child, the name of the other parent [or parents] of the |
2 | child and the following: |
3 | I hereby voluntarily and unconditionally consent to the |
4 | adoption of the above named child. |
5 | I understand that by signing this consent I indicate my |
6 | intent to permanently give up all rights to this child. |
7 | I understand such child will be placed for adoption. |
8 | I understand that I have a right to consult an attorney |
9 | who is not the attorney for the adopting parents. I |
10 | understand that if I am under 18 years of age, I must be |
11 | represented by an attorney. |
12 | I have been informed of the meaning and consequences of |
13 | adoption. |
14 | I have been offered adoption-related counseling services. |
15 | I understand the consequences of misidentifying the other |
16 | birth parent of the child. |
17 | I understand that I have the right to place personal and |
18 | medical history information on file with the court, the |
19 | Department of Health and the Department of Public Welfare |
20 | under 23 Pa.C.S. § 2905(d) (relating to impounding of |
21 | proceedings and access to records). |
22 | I understand I may revoke this consent to permanently |
23 | give up all rights to this child by placing the revocation in |
24 | writing and [serving] delivering it [upon] to the agency or |
25 | adult to whom the child was relinquished. |
26 | If I am the birth father or putative father of the child, |
27 | I understand that this consent to an adoption is irrevocable |
28 | unless I revoke it within 30 days after either the birth of |
29 | the child or my execution of the consent, whichever occurs |
30 | later, by delivering a written revocation to (insert the name |
|
1 | and address of the agency coordinating the adoption) or |
2 | (insert the name and address of an attorney who represents |
3 | the individual relinquishing parental rights or prospective |
4 | adoptive parent of the child) or (insert the court of the |
5 | county in which the voluntary relinquishment form was or will |
6 | be filed). |
7 | If I am the birth mother of the child, I understand that |
8 | this consent to an adoption is irrevocable unless I revoke it |
9 | within 30 days after executing it by delivering a written |
10 | revocation to (insert the name and address of the agency |
11 | coordinating the adoption) or (insert the name and address of |
12 | an attorney who represents the individual relinquishing |
13 | parental rights or prospective adoptive parent of the child) |
14 | or (insert the court of the county in which the voluntary |
15 | relinquishment form was or will be filed). |
16 | I have read and understand the above and I am signing it |
17 | as a free and voluntary act. |
18 | (2) The consent shall include the date and place of its |
19 | execution and names and addresses and signatures of at least |
20 | two persons who witnessed its execution and their |
21 | relationship to the consenter. |
22 | (3) A consent to a proposed adoption may identify the |
23 | adopting parent. |
24 | (4) If a parent executing the consent is a minor, the |
25 | consent must state that the parent has been: |
26 | (i) represented by an attorney who is not |
27 | representing an adoptive parent; and |
28 | (ii) advised of the parent's legal rights. |
29 | (5) The consent must state that the parent has been |
30 | informed of the right to have an attorney who is not |
|
1 | representing an adoptive parent. |
2 | (6) The consent shall not be valid unless the parent |
3 | provides a written acknowledgment that adoption-related |
4 | counseling services have been offered. If counseling services |
5 | have been provided, the name and address of the agency which |
6 | provided the counseling must be set forth in the consent. |
7 | (e) Information.--Before executing a consent, a parent must |
8 | be informed of the meaning and consequences of adoption, the |
9 | consequences of misidentifying the other birth parent and the |
10 | right to place personal and medical history information on file |
11 | with the court, the Department of Health and the department |
12 | under section 2905(d). |
13 | Section 22. Title 23 is amended by adding a section to read: |
14 | § 2711.1. Termination of parental rights pursuant to consent. |
15 | (a) Petition.-- |
16 | (1) If the parent of the child executes a consent to |
17 | adoption under section 2711 (relating to consents necessary |
18 | to adoption) and the time periods under section 2711(c) have |
19 | expired, the intermediary may petition the court to hold a |
20 | hearing for the purpose of determining whether the consent is |
21 | valid under section 2711, and to terminate parental rights |
22 | pursuant to the consent. In the case where there is no |
23 | intermediary, the adopting parent may file the petition. |
24 | (2) The original consent, and any other documentation |
25 | which demonstrates the validity of the consent, must be |
26 | attached to the petition. |
27 | (b) Hearing.-- |
28 | (1) Upon presentation of a petition under subsection |
29 | (a), the court shall fix a time for a hearing not less than |
30 | ten days after filing of the petition. |
|
1 | (2) Notice of the hearing must be by personal service or |
2 | by registered mail to the last known address or by such other |
3 | means as the court may require upon the individual who |
4 | executed the consent and must be in the following form: |
5 | A petition has been filed asking the court to |
6 | determine the validity of the consent to adoption that |
7 | you signed regarding your child (name of child). If the |
8 | court determines that your consent to the adoption of |
9 | your child is valid, your rights as a parent to your |
10 | child shall be terminated. The hearing will be held in |
11 | (insert place, giving reference to exact room and |
12 | building number or designation) on (insert date) at |
13 | (insert time). You are not required to attend the |
14 | hearing. You should take this paper to your lawyer at |
15 | once. If you do not have a lawyer or cannot afford one, |
16 | go to or telephone the office set forth below to find out |
17 | where you can get legal help. |
18 19 20 21 | | (Name)........................................... (Address)........................................ ................................................. (Telephone number)............................... | |
|
22 | (3) Notice of the hearing must be given to the other |
23 | parent, to the putative father and to the parent or guardian |
24 | of a consenting parent who has not reached 18 years of age. |
25 | (4) The notice which is given to the putative father |
26 | must state that his rights may also be subject to termination |
27 | under subsection (d) if he fails to file a written objection |
28 | to the termination with the court prior to the hearing or |
29 | fails to appear at the hearing for the purpose of objecting |
|
1 | to the termination of his rights. If the identity or |
2 | whereabouts of the putative father are unknown, notice must |
3 | be given under section 2514 (relating to notice if putative |
4 | father or his whereabouts unknown). |
5 | (c) Custody of child.--During the pendency of a proceeding |
6 | under this section, unless the court directs otherwise, custody |
7 | of the child shall remain with the individual or agency that had |
8 | custody at the time the petition was filed. |
9 | (d) Termination of parental rights of putative father.--If a |
10 | putative father has been given notice of the hearing being held |
11 | under this section, the court may enter a decree terminating his |
12 | parental rights whether or not he has filed an acknowledgment of |
13 | paternity or claim of paternity under section 5103 (relating to |
14 | acknowledgment and claim of paternity), if any of the following |
15 | paragraphs apply: |
16 | (1) The putative father fails to: |
17 | (i) file a written objection to the termination of |
18 | his parental rights with the court prior to the hearing; |
19 | or |
20 | (ii) appear at the hearing for the purpose of |
21 | objecting to such termination. |
22 | (2) The court determines, after a hearing, that the |
23 | putative father has failed to: |
24 | (i) provide substantial financial support for the |
25 | child; or |
26 | (ii) make substantial and ongoing provision for the |
27 | child's care. |
28 | (e) Right to file personal and medical history |
29 | information.--At the time the decree of termination is |
30 | transmitted to the parent, the court shall, in writing, advise |
|
1 | the parent whose rights have been terminated of the parent's |
2 | continuing right to place and update personal and medical |
3 | history information, on file with the court, the Department of |
4 | Health and the department under section 2905(d) (relating to |
5 | impounding of proceedings and access to records). |
6 | Section 23. Section 2712 of Title 23 is repealed: |
7 | [§ 2712. Consents not naming adopting parents. |
8 | A consent to a proposed adoption meeting all the requirements |
9 | of this part but which does not name or otherwise identify the |
10 | adopting parent or parents shall be valid if it contains a |
11 | statement that it is voluntarily executed without disclosure of |
12 | the name or other identification of the adopting parent or |
13 | parents.] |
14 | Section 24. Title 23 is amended by adding a section to read: |
15 | § 2715. Judicial set-aside. |
16 | A consent which is otherwise irrevocable under section 2711 |
17 | (relating to consents necessary to adoption) or a decree |
18 | terminating parental rights under section 2711.1 (relating to |
19 | termination of parental rights pursuant to consent) shall be set |
20 | aside by the court, before a decree of adoption is entered, |
21 | under any of the following circumstances: |
22 | (1) It is proven by clear and convincing evidence that |
23 | the consent was obtained by fraud or duress. |
24 | (2) The parental rights of the other birth parent have |
25 | not been terminated, except for an adoption by a stepparent. |
26 | (3) A prospective adoptive parent named in the consent |
27 | fails to file a petition for adoption. |
28 | (4) The petition for adoption filed by a prospective |
29 | parent named in the consent is denied or withdrawn. |
30 | Section 25. Sections 2721, 2722, 2723, 2724(b), 2725, 2901, |
|
1 | 2902, 2904 and 2905 of Title 23 are amended to read: |
2 | § 2721. Notice of adoption hearing. |
3 | The court shall fix a time and place for the adoption |
4 | hearing. Notice of the hearing shall be given to all persons |
5 | whose consents are required and to such other persons as the |
6 | court shall direct. Notice to the parent [or parents] of the |
7 | adoptee, if required, may be given by the intermediary or |
8 | someone acting on his behalf. Notice shall be by personal |
9 | service or by registered mail to the last known address of the |
10 | person to be notified or in such other manner as the court shall |
11 | direct. |
12 | § 2722. Place of adoption hearing. |
13 | The adoption hearing shall be private [or in open court as |
14 | the court deems appropriate]. |
15 | § 2723. Attendance at adoption hearing. |
16 | The adopting parent [or parents] and the adoptee must appear |
17 | at and, if required, testify at the adoption hearing under oath |
18 | unless the court determines their presence is unnecessary. In |
19 | addition, the court may require the appearance and testimony of |
20 | all persons whose consents are required by this part and |
21 | representatives of agencies or individuals who have acted as an |
22 | intermediary if their appearance or testimony would be necessary |
23 | or helpful to the court. |
24 | § 2724. Testimony and investigation. |
25 | * * * |
26 | (b) Investigation.--The court may request that an |
27 | investigation be made by a [person or public] county agency or, |
28 | with its consent, [a voluntary] an adoption agency, |
29 | [specifically] designated by the court to verify the statements |
30 | of the petition and such other facts that will give the court |
|
1 | full knowledge of the desirability of the proposed adoption, [or |
2 | the court may rely in whole or in part upon a report] unless an |
3 | earlier investigation has been made under section 2535 (relating |
4 | to investigation). In any case, the age, sex, health, social and |
5 | economic status or racial, ethnic or religious background of the |
6 | child or adopting [parents] parent shall not preclude an |
7 | adoption but the court shall decide its desirability on the |
8 | basis of the physical, mental and emotional needs and welfare of |
9 | the child. |
10 | * * * |
11 | § 2725. Religious belief. |
12 | The intermediary may honor the preference of the [natural] |
13 | birth parents as to the religious faith in which the adoptive |
14 | parents intend to rear the adopted child. No person shall be |
15 | denied the benefits of this part because of a religious belief |
16 | in the use of spiritual means or prayer for healing. |
17 | § 2901. Time of entry of decree of adoption. |
18 | Unless the court for cause shown determines otherwise, no |
19 | decree of adoption shall be entered unless the [natural parent |
20 | or] parents' rights have been terminated, the investigation |
21 | required by section 2535 (relating to investigation) or 2724(b) |
22 | (relating to testimony and investigation) has been completed, |
23 | the report of the intermediary has been filed pursuant to |
24 | section 2533 (relating to report of intermediary) and all other |
25 | legal requirements have been met. If all legal requirements have |
26 | been met, the court may enter a decree of adoption at any time. |
27 | § 2902. Requirements and form of decree of adoption. |
28 | (a) General rule.--If satisfied that the statements made in |
29 | the adoption petition are true, that the needs and welfare of |
30 | the person proposed to be adopted will be promoted by the |
|
1 | adoption and that all requirements of this part have been met, |
2 | the court shall enter a decree so finding and directing that the |
3 | person proposed to be adopted shall have all the rights of a |
4 | child and heir of the adopting parent [or parents] and shall be |
5 | subject to the duties of a child to [him or them] the adopting |
6 | parent. |
7 | (b) Withdrawal or dismissal of petition.--In any case in |
8 | which the adoption petition is withdrawn or dismissed, the court |
9 | shall enter an appropriate order in regard to the custody of the |
10 | child. |
11 | (c) Finality.-- |
12 | (1) A decree or order issued under this part may not be |
13 | set aside, vacated, annulled or reversed upon application of |
14 | a person who waived notice or who was properly served with |
15 | notice under this part and failed to respond or appear or to |
16 | file an answer within the time allowed. |
17 | (2) A decree of adoption or other order issued under |
18 | this part is not subject to a challenge filed more than 60 |
19 | days after the decree or order is issued. |
20 | § 2904. Name of adoptee. |
21 | [If requested by the petitioners, the] The decree [may |
22 | provide that the adoptee] shall [assume] state the name [of the |
23 | adopting parent or parents and any given first or middle names |
24 | that may be chosen] by which the adoptee is to be known from the |
25 | date of the decree. |
26 | § 2905. Impounding of proceedings and access to records. |
27 | (a) General rule.--All petitions, exhibits, reports, notes |
28 | of testimony, decrees, and other papers pertaining to any |
29 | proceeding under this part or former statutes relating to |
30 | adoption shall be kept in the files of the court as a permanent |
|
1 | record thereof and withheld from inspection except on an order |
2 | of court granted upon cause shown or except as otherwise |
3 | provided in this section. In the case of an adult adoptee who is |
4 | assuming a name under section 2904 (relating to name of |
5 | adoptee), an order of court is not required for the court to |
6 | forward to the Pennsylvania State Police documentation in |
7 | accordance with 54 Pa.C.S. § 702 (relating to change by order of |
8 | court). Only the court in the county in which an adoption was |
9 | finalized, the agency which handled the adoption or a successor |
10 | agency authorized by the court may access records relating to |
11 | the adoption for purposes of releasing nonidentifying or |
12 | identifying information under this section. Any report required |
13 | to be filed under sections 2530 (relating to [home study and |
14 | preplacement report] family profile), 2531 (relating to report |
15 | of intention to adopt) [and], 2535 (relating to investigation) |
16 | and 2724(b) (relating to testimony and investigation) shall be |
17 | made available to parties to an adoption proceeding only after |
18 | all identifying names and addresses in the report have been |
19 | extirpated by the court. |
20 | (b) Petition to court or request to agency for [limited] |
21 | nonidentifying information.--[Upon petition by any adoptee at |
22 | least 18 years of age or, if less than 18, his adoptive parent |
23 | or legal guardian to the court in the judicial district in which |
24 | the permanent records relating to the adoption have been |
25 | impounded, the court shall furnish to the adoptee as much |
26 | information concerning the adoptee's natural parents as will not |
27 | endanger the anonymity of the natural parents. The information |
28 | shall first be reviewed, in camera, by the court to insure that |
29 | no information is revealed which would endanger the anonymity of |
30 | the natural parents. The court shall, upon motion of the |
|
1 | adoptee, examine the entire record to determine if any |
2 | additional information can safely be revealed without |
3 | endangering the anonymity of the natural parents.] |
4 | (1) A petition or request for nonidentifying information |
5 | may be filed with the court or agency by any of the |
6 | following: |
7 | (i) An adoptee who is 18 years of age or older. |
8 | (ii) An adoptive parent or legal guardian of an |
9 | adoptee who is under 18 years of age. |
10 | (iii) The birth parent of an adoptee who is 18 years |
11 | of age or older. |
12 | (iv) The parent of a birth parent of an adoptee who |
13 | is 18 years of age or older if the birth parent is |
14 | deceased or has been adjudicated incapacitated. |
15 | (v) A birth sibling of an adoptee if the birth |
16 | sibling and the adoptee are 18 years of age or older. |
17 | (2) If the court or agency receives a petition or |
18 | request for nonidentifying information from an individual |
19 | under paragraph (1), within 30 days it shall notify the |
20 | petitioner or requester whether it has in its possession any |
21 | records relating to the adoptee. If records are located, the |
22 | court or agency shall within 90 days review the records and |
23 | furnish to the petitioner or requester information concerning |
24 | the adoption which will not compromise the confidentiality of |
25 | the biological relationship between the adoptee and the |
26 | adoptee's birth parent. Unless the court or agency |
27 | determines, due to unusual circumstances, that disclosure of |
28 | one or more of these items may facilitate the identification |
29 | of the birth parents or their extended families, |
30 | nonidentifying information about the birth parents shall |
|
1 | include, to the extent available, the following: |
2 | (i) Race/ethnic background. |
3 | (ii) Religion. |
4 | (iii) Approximate ages at time of adoptee's birth. |
5 | (iv) Marital status. |
6 | (v) Occupation. |
7 | (vi) Physical description. This paragraph includes |
8 | height, weight, complexion, eye and hair color. |
9 | (vii) Education. |
10 | (viii) Hobbies. |
11 | (ix) Medical information of birth parents and |
12 | adoptee. |
13 | (x) Other children at time of adoptee's birth, |
14 | including age and sex. |
15 | (xi) Circumstances leading to adoption. |
16 | (c) [Access to identity of natural parents] Petition to |
17 | court or request to agency for identifying information or |
18 | contact.-- |
19 | [(1) Upon petition of an adoptee at least 18 years of |
20 | age or, if less than 18, his adoptive parent or legal |
21 | guardian, the court may also, through its designated agent, |
22 | attempt to contact the natural parents, if known, to obtain |
23 | their consent to release their identity and present place of |
24 | residence to the adoptee. The petition may state the reasons |
25 | why the adoptee desires to contact his natural parents, which |
26 | reasons shall be disclosed to the natural parents if |
27 | contacted. However, the court and its agents shall take care |
28 | that none but the natural parents themselves are informed of |
29 | the adoptee's existence and relationship to them. The court |
30 | may refuse to contact the natural parents if it believes |
|
1 | that, under the circumstances, there would be a substantial |
2 | risk that persons other than the natural parents would learn |
3 | of the adoptee's existence and relationship to the natural |
4 | parents. The court shall appoint either the county children |
5 | and youth agency, or a private agency which provides adoption |
6 | services in accordance with standards established by the |
7 | Department of Public Welfare, to contact the natural parents |
8 | as its designated agent. |
9 | (2) In addition to petitioning the court to contact the |
10 | natural parents, an adoptee at least 18 years of age or, if |
11 | less than 18, his adoptive parent or legal guardian may |
12 | request the agency that placed the adoptee to contact his |
13 | natural parents. If the agency agrees to attempt to contact |
14 | the natural parents, it shall do so pursuant to the same |
15 | safeguards provided for court inquiries in paragraph (1). |
16 | (3) If the court or an agency contacts the natural |
17 | parents of an adoptee pursuant to a petition or request made |
18 | under paragraph (1) or (2), except as hereinafter provided, |
19 | information relating to both natural parents shall only be |
20 | disclosed to the adoptee if both natural parents agree to the |
21 | disclosure. If both of the natural parents are deceased, |
22 | their identities may be disclosed. If one parent is deceased, |
23 | his or her identity may be disclosed. If only one parent |
24 | agrees to the disclosure, then only the information relating |
25 | to the agreeing parent shall be disclosed. |
26 | (4) The Department of Public Welfare may, by regulation, |
27 | prescribe procedures related to contact of natural parents by |
28 | designated agents of the court.] |
29 | (1) A petition or request for identifying information or |
30 | contact may be made by the following individuals: |
|
1 | (i) An adoptee 18 years of age or older. |
2 | (ii) The adoptive parent or legal guardian of an |
3 | adoptee under 18 years of age. |
4 | (iii) The birth parent of an adoptee 18 years of age |
5 | or older. |
6 | (iv) The parent of a birth parent of an adoptee 18 |
7 | years of age or older if the birth parent is deceased or |
8 | has been legally adjudicated incapacitated. |
9 | (v) A birth sibling of an adoptee if the birth |
10 | sibling and the adoptee are 18 years of age or older. |
11 | (2) The following individuals may be the subject of a |
12 | search: |
13 | (i) An adoptee 18 years of age or older. |
14 | (ii) A birth parent. |
15 | (iii) A parent of a birth parent of an adoptee 18 |
16 | years of age or older if the birth parent is deceased or |
17 | has been legally adjudicated incapacitated. |
18 | (iv) A birth sibling of an adoptee if both the |
19 | adoptee and the birth sibling are at least 18 years of |
20 | age. |
21 | (3) If the court or agency receives a petition or |
22 | request for identifying information or contact, within 60 |
23 | days it shall do all of the following: |
24 | (i) Determine whether it has in its possession any |
25 | records relating to the adoptee. |
26 | (ii) Notify any other court or agency listed in its |
27 | records of the existence of a petition or request. |
28 | (iii) Notify the individual filing the petition or |
29 | request of its findings under this subsection. |
30 | (4) If records are located, a good faith search for |
|
1 | identifying information shall be commenced within 90 days. |
2 | The search shall only be conducted by the court in which the |
3 | adoption was finalized; by the agency which handled the |
4 | adoption; by a successor, by merger or acquisition of the |
5 | agency which handled the adoption; or, if neither the agency |
6 | nor a successor exists, by an agency authorized by the court. |
7 | The court or agency shall appoint an authorized |
8 | representative to conduct a search. The following apply: |
9 | (i) The representative shall review the court and |
10 | agency records for identifying information regarding the |
11 | birth or adoptive family. |
12 | (ii) The representative shall use reasonable efforts |
13 | to locate the subject of a search. |
14 | (iii) If the subject of a search is located, the |
15 | representative shall obtain written authorization from |
16 | the subject before identifying information can be |
17 | released or contact between the parties is made. |
18 | (iv) If the subject of the search agrees or is |
19 | deceased, identifying information shall be disclosed to a |
20 | petitioner or requester. |
21 | (5) The department shall make available to authorized |
22 | representatives a standardized training program on conducting |
23 | searches under this part. |
24 | (c.1) Limitations of search.--No representative of the court |
25 | or agency conducting the search shall be required to make |
26 | inquiries which the representative believes may compromise the |
27 | confidentiality of the biological relationship between the |
28 | adoptee and the adoptee's birth parent. |
29 | (c.2) Refusal to search.--Notwithstanding subsection (c), |
30 | the following apply: |
|
1 | (1) An agency receiving a request for identifying |
2 | information or contact may decline to perform a search if it |
3 | is satisfied that the request could cause physical or |
4 | emotional harm to the petitioner or others. The declining |
5 | agency shall refer the request to the court which handled the |
6 | adoption and inform the court of its reasons for declining |
7 | the petitioner's request. The agency shall notify the |
8 | petitioner of the referral and identify the court to which |
9 | the referral was made. |
10 | (2) A court receiving a petition for identifying |
11 | information or contact may decline to perform a search if it |
12 | is satisfied that the request could cause physical or |
13 | emotional harm to the petitioner or others. |
14 | (d) Disclosure of information.-- |
15 | (1) No disclosure of information shall be made by the |
16 | court, an agency, the Department of Health or any other |
17 | Commonwealth agency regarding the adopted person's original |
18 | certificate of birth or regarding the documents of proof on |
19 | which the amended certificate of birth is based or relating |
20 | in any way to the [natural] birth parents unless the |
21 | disclosure is made pursuant to the provisions of this |
22 | section. |
23 | (2) Notwithstanding any other provision in this section |
24 | to the contrary, the [natural] birth parents may, at the time |
25 | of the termination of their parental rights pursuant to |
26 | Chapter 25 (relating to proceedings prior to petition to |
27 | adopt) or at any time thereafter, place on file, with the |
28 | court and with the Department of Health, a consent form |
29 | granting permission for the court or the department to |
30 | disclose the information contained in the adoptee's original |
|
1 | certificate of birth, or any other identifying or |
2 | nonidentifying information pertaining to the [natural] birth |
3 | parents, at any time after the adoptee attains the age of 18 |
4 | or, if less than 18, to his adoptive parent or legal |
5 | guardian. If both parents give their consent, the information |
6 | on the birth certificate may be disclosed. If only one parent |
7 | gives consent, only the identity of the consenting parent |
8 | shall be disclosed. The [natural parents] birth parent shall |
9 | be entitled to update those records, as necessary, to reflect |
10 | the [natural] birth parent's current address or any other |
11 | information pertaining to the [natural parents] birth parent. |
12 | The [information may only be disclosed upon the request of |
13 | the adoptee or his adoptive parent or legal guardian, and |
14 | the] consent of the [natural] birth parents may be withdrawn |
15 | at any time by filing a withdrawal of consent form with the |
16 | court and the department. The department shall prescribe by |
17 | regulation the procedure and forms to be utilized for the |
18 | giving, updating and withdrawal of the consent. |
19 | (3) An adoptee at least 18 years of age or, if less than |
20 | 18 years of age, the parent or legal guardian of the adoptee |
21 | shall have access to any original or updated medical history |
22 | information on file with the court which entered the decree |
23 | of termination or the [Department of Public Welfare] |
24 | department. No medical history information shall be released |
25 | which would [endanger the anonymity of the natural parents.] |
26 | compromise the confidentiality of the biological relationship |
27 | between the adoptee and the adoptee's birth parents. |
28 | (e) Immunity from liability.--Any person or agency, |
29 | including the Commonwealth or its political subdivision, that in |
30 | good faith acted or failed to act concerning any requirement of |
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1 | this section shall be immune from civil or criminal liability |
2 | due to providing or refusing to provide services under this |
3 | section. In any proceeding, the good faith of a person or agency |
4 | acting under this section shall be presumed. |
5 | (f) Costs and fees.--A court or agency providing services |
6 | under subsection (b) or (c) may establish a schedule of fees for |
7 | services. The fees shall be reasonably related to the direct and |
8 | indirect costs associated with providing services. |
9 | Section 26. Title 23 is amended by adding a section to read: |
10 | § 2905.1. Mutual consent registry. |
11 | The department shall do all of the following: |
12 | (1) Establish a Statewide confidential registry for |
13 | receiving, filing and retaining documents requesting, |
14 | authorizing or prohibiting the release of identifying |
15 | information or contact. |
16 | (2) Prescribe and distribute forms or documents on which |
17 | an individual may request, authorize or refuse to authorize |
18 | the release of identifying information or contact. |
19 | (3) Devise a procedure for releasing identifying |
20 | information in the possession of the court or agency which |
21 | handled the adoption, upon receipt of an appropriate written |
22 | request and authorization. |
23 | (4) Cooperate with registries in other states to |
24 | facilitate the matching of documents under this chapter by |
25 | individuals in different states. |
26 | (5) Announce and publicize to the general public the |
27 | existence of the registry and the procedure for the |
28 | consensual release of identifying information or contact. |
29 | Section 27. Sections 2906, 2907, 2909 and 2910 of Title 23 |
30 | are amended to read: |
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1 | § 2906. Docket entries. |
2 | Upon the filing of any decree under this part, the clerk |
3 | shall enter on the docket an entry showing the date of the |
4 | decree. Information identifying the [natural] birth parents |
5 | shall not be entered on the docket. |
6 | § 2907. Certificate of adoption. |
7 | The clerk shall issue to the adopting parent [or parents] a |
8 | certificate reciting that the court has granted the adoption. |
9 | The certificate shall not disclose the name of any [natural] |
10 | birth parent or the original name of the person adopted. The |
11 | certificate shall be accepted in any legal proceedings in this |
12 | Commonwealth as evidence of the fact that the adoption has been |
13 | granted. |
14 | § 2909. Medical history information. |
15 | (a) Delivery of information.--Prior to the finalization of |
16 | an adoption, medical history information shall, where |
17 | practicable, be delivered by the attending physician or other |
18 | designated person to the intermediary who shall deliver such |
19 | information to the adopting [parents] parent or [their] parent's |
20 | physician. In cases where there is no intermediary, medical |
21 | history information shall be delivered directly to the adopting |
22 | [parents] parent or [their] parent's physician. |
23 | (b) Editing of information.--Except as provided in section |
24 | 2905 (relating to impounding of proceedings and access to |
25 | records), medical history information shall be edited before |
26 | delivery or release by the [Department of Public Welfare] |
27 | department so as to remove any contents which would identify the |
28 | adoptee's [natural] birth family. |
29 | (c) Availability of information forms.--The [Department of |
30 | Public Welfare] department shall[, upon request, make available] |
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1 | distribute to courts[,] and adoption agencies, and make |
2 | available upon request to individuals, medical history |
3 | information forms that enable parents whose rights have been |
4 | terminated to register and update medical history information |
5 | with the [Department of Public Welfare] department and with the |
6 | court which entered the decree of termination. |
7 | (c.1) Filing medical history information.--A birth parent |
8 | may update medical history information at any time with the |
9 | court that entered the decree of termination or with the |
10 | department by utilizing the forms made available under |
11 | subsection (c). |
12 | (c.2) Release of updated information.--At the request of an |
13 | adoptee who is 18 years of age or older, an adoptive parent of |
14 | an adoptee who is under 18 years of age or a guardian of an |
15 | adoptee who is under 18 years of age or incapacitated, the |
16 | department or the court that entered the decree of termination |
17 | may provide such information, as edited under subsection (b), to |
18 | the requester. Nothing in this part shall make the court or the |
19 | department liable for the accuracy of any updated medical |
20 | history information provided by a birth parent. |
21 | (d) Regulations.--The [Department of Public Welfare] |
22 | department shall, in consultation with the Department of Health, |
23 | prescribe by regulation the procedure to be utilized and to |
24 | develop the content of medical history information forms. |
25 | § 2910. Penalty for unauthorized disclosure. |
26 | Any officer or employee of the court, other than a judge |
27 | thereof, the Department of Health, the [Department of Public |
28 | Welfare] department or any agency who willfully discloses |
29 | impounded or otherwise confidential information relating to an |
30 | adoption, other than as expressly authorized and provided in |
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1 | this chapter, commits a misdemeanor of the third degree. |
2 | Section 28. The amendment, addition or repeal of the |
3 | following provisions of Title 23 shall apply to actions |
4 | initiated on or after the effective date of this section: |
5 | (1) Section 2102. |
6 | (2) Section 2313. |
7 | (3) Section 2501(a). |
8 | (4) Section 2502(a) and (c). |
9 | (5) Section 2503(b)(3), (c) and (d). |
10 | (6) Section 2504. |
11 | (7) Section 2505(c) and (d.1). |
12 | (8) Section 2511(a)(2), (3), (4), (6), (7), (10), (11) |
13 | and (12). |
14 | (9) Section 2512(c). |
15 | (10) Section 2513(c) and (d). |
16 | (11) Section 2514. |
17 | (12) Section 2531(b). |
18 | (13) Section 2535(a). |
19 | (14) Section 2701(2), (2.1) and (10). |
20 | (15) Section 2702(3). |
21 | (16) Section 2711(b), (c.1), (d) and (e). |
22 | (17) Section 2711.1. |
23 | (18) Section 2712. |
24 | (19) Section 2715. |
25 | (20) Section 2724(b). |
26 | (21) Section 2901. |
27 | (22) Section 2902(c). |
28 | (23) Section 2905(b), (c) and (c.2). |
29 | Section 29. This act shall take effect as follows: |
30 | (1) The following provisions shall take effect |
|
1 | immediately: |
2 | (i) Section 28 of this act. |
3 | (ii) This section. |
4 | (2) The remainder of this act shall take effect in 60 |
5 | days. |
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