PRINTER'S NO. 2284
No. 1853 Session of 1999
INTRODUCED BY FRANKEL, COSTA, FREEMAN, HALUSKA, BASTIAN, BROWNE,
CAPPABIANCA, L. I. COHEN, DALEY, HARHAI, HENNESSEY, JOSEPHS,
LAUGHLIN, GRUCELA, MANN, R. MILLER, MUNDY, READSHAW, SOLOBAY,
YUDICHAK, YOUNGBLOOD, WOJNAROSKI, SANTONI, SAYLOR, SEYFERT,
SHANER, STEELMAN, TANGRETTI, TIGUE, WALKO AND WILLIAMS,
SEPTEMBER 27, 1999
REFERRED TO COMMITTEE ON JUDICIARY, SEPTEMBER 27, 1999
AN ACT
1 Amending Title 23 (Domestic Relations) of the Pennsylvania
2 Consolidated Statutes, further providing for adoption
3 cooperative exchange services.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. The heading of Subchapter E of Chapter 25 of
7 Title 23 of the Pennsylvania Consolidated Statutes is amended to
8 read:
9 SUBCHAPTER E
10 [PENNSYLVANIA] ADOPTION COOPERATIVE EXCHANGE SERVICES
11 Section 2. Sections 2551, 2552, 2553, 2554 and 2555 of Title
12 23 are amended to read:
13 § 2551. Definitions.
14 The following words and phrases when used in this subchapter
15 shall have the meanings given to them in this section unless the
16 context clearly indicates otherwise:
1 "ACES." The Adoption Cooperative Exchange Services
2 established in section 2552 (relating to adoption cooperative
3 exchange services).
4 "Department." The Department of Public Welfare of the
5 Commonwealth.
6 ["PACE." The Pennsylvania Adoption Cooperative Exchange.]
7 § 2552. [Pennsylvania] Adoption Cooperative Exchange Services.
8 There shall be [a Pennsylvania] an Adoption Cooperative
9 Exchange Services program in the Office of Children, Youth and
10 Families of the Department of Public Welfare.
11 § 2553. Registration of children.
12 (a) Mandatory registration.--[PACE] ACES shall register and
13 be responsible for the review and referral of children for whom
14 parental rights have been terminated for [90] 45 days and for
15 whom no report of intention to adopt has been filed in the court
16 of common pleas.
17 (b) Optional registration.--[PACE may also]
18 (1) ACES may register children where restoration to the
19 biological family is neither possible nor appropriate, a
20 petition to terminate parental rights has been filed and
21 adoption is planned pending identification of an adoptive
22 parent or parents. [However, information]
23 (2) ACES may register children with a court-approved
24 goal of adoption if the court-approved goal of adoption has
25 not been appealed within 30 days and a petition to terminate
26 parental rights has not been filed.
27 (3) Information about these children shall not be
28 publicized without prior approval by the department, which
29 shall ensure the anonymity of these children until such time
30 as parental rights are terminated.
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1 (c) Children excluded from registration.--
2 (1) A child for whom termination of parental rights is
3 being appealed in a court shall not be registered with [PACE]
4 ACES as available for adoption. [Identifying information of
5 such children shall be forwarded to PACE by the agency, with
6 reference to the specific reason for which the child is not
7 to be placed on the listing service.]
8 (2) A child registered with ACES may be withdrawn at the
9 request of the agency having custody if the withdrawal is
10 based on criteria established by regulation.
11 § 2554. Responsibilities of [PACE] ACES.
12 [PACE] ACES shall be responsible for the following:
13 (1) Registration of adoptive parent applicants who have
14 been approved by agencies.
15 (2) Accumulation and dissemination of statistical
16 information regarding all children registered with [PACE]
17 ACES.
18 (3) Creation and administration of a public information
19 program designed to inform potential adoptive parents of the
20 need for adoptive homes for children registered with [PACE]
21 ACES.
22 (4) Preparation and distribution of a photographic
23 listing service on children registered with [PACE] ACES.
24 (5) Preparation of annual reports concerning functions
25 of [PACE] ACES regarding the children and the prospective
26 parents listed with [PACE] ACES. The reports shall be
27 submitted annually by May 1 to the [Health and Welfare and
28 Judiciary Committees] Governor and the appropriate standing
29 committees of the House of Representatives[, to the Public
30 Health and Welfare and Judiciary Committees] and of the
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1 Senate [and to the Governor]. The annual report shall also
2 include statistical and fiscal information regarding
3 additional State and local initiatives involving the
4 recruitment of families interested in adopting children with
5 special needs who meet the eligibility criteria of this act
6 and efforts to identify eligible children.
7 (6) Coordination of its functions with other state,
8 regional and national adoption exchanges.
9 § 2555. Responsibilities of public and private agencies.
10 (a) Registration of children.--All public and licensed
11 private child service agencies shall register all children with
12 [PACE] ACES for whom parental rights have been terminated for
13 [90] 45 days and for whom no report of intention to adopt has
14 been filed in the court of common pleas. A public or licensed
15 private agency may register other children as set forth in
16 section 2553(b) (relating to registration of children).
17 (b) Registration of applicants.--All public and licensed
18 private child service agencies shall register all approved
19 adoptive parent applicants with their consent who express an
20 interest in adopting children with special needs.
21 Section 3. This act shall take effect in 60 days.
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