THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY BISHOP, JOHNSON, WHEATLEY, VULAKOVICH, BROWNLEE, V. BROWN, BOBACK, CALTAGIRONE, MURT AND CRUZ, FEBRUARY 10, 2011

REFERRED TO COMMITTEE ON CHILDREN AND YOUTH, FEBRUARY 10, 2011  

AN ACT

Amending Title 23 (Domestic Relations) of the Pennsylvania

Consolidated Statutes, extensively revising provisions on

adoption; and making repeals.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  The definitions of "agency," "intermediary,"

"medical history information" and "parent" in section 2102 of

Title 23 of the Pennsylvania Consolidated Statutes are amended

and the section is amended by adding definitions to read:

§ 2102.  Definitions.

The following words and phrases when used in this part shall

have, unless the context clearly indicates otherwise, the

meanings given to them in this section:

* * *

"Adoption-related counseling services."  Services offered by

an agency approved by the Department of Public Welfare, which,

at a minimum, provide a birth parent with assistance in

understanding the adoption process, the birth parents' rights

and obligations, the consequences of a decision to relinquish

parental rights or to consent to an adoption and the

alternatives to a relinquishment, consent or adoption.

"Adoptive parent."  An individual who has adopted a child.

"Agency."  [Any incorporated or unincorporated] An agency

operated by a public or private organization, corporation, 

society, institution or [other] entity, [public or voluntary,]

which [may receive or provide for the care of children,

supervised by the Department of Public Welfare and providing]

provides adoption services in accordance with standards

established by the [department.] Department of Public Welfare.

The term includes a county agency.

"Birth sibling."  A biological sibling or the half sibling of

the adoptee.

"Child."  An individual under 18 years of age.

* * *

"County agency."  The county children and youth social

service agency established under section 405 of the act of June

24, 1937 (P.L.2017, No.396), known as the County Institution

District Law, or its successor, and supervised by the Department

of Public Welfare under Article IX of the act of June 13, 1967

(P.L.31, No.21), known as the Public Welfare Code.

* * *

"Department."  The Department of Public Welfare of the

Commonwealth.

"Family profile."  An agency's formal assessment of the

capacity and readiness of a prospective adoptive parent to adopt

a child, conducted in accordance with the provisions of this

part.

"Intermediary."  Any person [or persons] or agency acting

between the [parent or] parents and the proposed adoptive

[parent or] parents in arranging an adoption placement.

"Medical history information."  Medical records and other

information concerning an adoptee or an adoptee's [natural]

birth family [which] that is relevant to the [adoptee's] present

or future health care or medical treatment of the adoptee or the

adoptee's birth family. The term includes, but is not limited

to:

(1)  [otherwise] Otherwise confidential or privileged

information [provided that identifying contents have been

removed pursuant to section 2909 (relating to medical history

information); and

(2)  information], if identifying information has been

removed under section 2925 (relating to providing information

from registry).

(2)  Information about the [natural] birth parents [which

may be relevant to] of a child that may concern a potential

hereditary or congenital medical problem.

* * *

"Parent."  [Includes adoptive parent.] The birth parent or

adoptive parent of the adoptee.

"Presumptive father."  The husband of the birth mother, or an

individual who was her husband at any time within one year of

the birth of the child, who is not necessarily the birth father

of the child.

"Putative father."  An alleged birth father of a child

conceived or born out of wedlock.

"Stepparent."  The husband or wife of a parent who is not the

birth or adoptive parent of the child.

Section 2.  Sections 2302(1), 2313 and 2501(a) of Title 23

are amended to read:

§ 2302.  Venue.

Proceedings for voluntary relinquishment, involuntary

termination and adoption may be brought in the court of the

county:

(1)  Where the parent [or parents or], the adoptee or the

person [or persons] who [have] has filed a report of

intention to adopt required by section 2531 (relating to

report of intention to adopt) [reside] resides.

* * *

§ 2313.  Representation.

(a)  Child.--The court shall appoint [counsel] a guardian ad

litem who is an attorney-at-law to represent the legal and best

interests of the child in an involuntary termination proceeding

when the proceeding is being contested by one or both of the

parents. The court may appoint [counsel or] a guardian ad litem 

who is an attorney-at-law to represent any child who has not

reached the age of 18 years and is subject to any other

proceeding under this part whenever it is in the best interests

of the child. No attorney or law firm shall represent both the

child and the adopting parent [or parents].

(a.1)  Parent.--

(1)  The court shall appoint counsel for a parent whose

rights are subject to termination in an involuntary

termination proceeding if, upon petition of the parent, the

court determines that the parent is unable to pay for counsel

or if payment would result in substantial financial hardship.

(2)  The court shall appoint counsel for a parent who is

under 18 years of age and whose consent is required under

section 2711 (relating to consents necessary to adoption) if

the court determines that the parent is unable to pay for

counsel or if payment would result in substantial financial

hardship.

(b)  Payment of costs.--[The] For counsel appointed under

subsection (a.1), the county of residence of the parent for whom

counsel is appointed shall be responsible for the payment of

attorney costs. Except as set forth in subsection (c)(2), the 

court[, in its discretion,] may order [all or part] that the

adopting parent pay up to 50% of the costs [attendant to a

proceeding under this part to be paid by the county wherein the

case is heard, the adopting parents or apportioned to both,

provided that if the adopting parents shall be ordered to bear

all or a portion of the costs of this part that:

(1)  the court may direct] of the appointment of a

guardian ad litem, commensurate with the ability to pay

without causing financial hardship and that the payment [of

the fees or a portion thereof may be paid by] be made

according to a court ordered schedule [of payments extending

beyond the date of the involuntary termination hearing; and

(2)  the fee shall not exceed $150]. The remaining costs

for a guardian ad litem shall be paid by the county where the

action is heard.

(c)  Exceptions.--

(1)  An adopting parent shall not be responsible for

costs related to court-appointed counsel under subsection

(a.1).

(2)  An adopting parent who is adopting a special needs

child eligible for adoption assistance under regulations of

the department shall not be responsible for payment of costs

under subsection (b).

§ 2501.  Relinquishment to agency.

(a)  Petition.--When any child under the age of 18 years has

been in the care of an agency for a minimum period of three days

or, whether or not the agency has the physical care of the

child, the agency has received a written notice of the present

intent to transfer to it custody of the child, executed by the

birth parent, the birth parent [or parents] of the child may

petition the court for permission to relinquish forever all

parental rights and duties with respect to their child. The

petition must include an acknowledgment in writing by the birth

parent of all of the following:

(1)  Adoption-related counseling services have been

offered to the birth parent.

(2)  If the birth parent requested adoption-related

counseling services, whether the adoption-related counseling

services have been provided.

(3)  If adoption-related counseling services were

provided, the name and address of the agency which provided

them.

* * *

Section 3.  Section 2502(a) of Title 23 is amended and the

section is amended by adding a subsection to read:

§ 2502.  Relinquishment to adult intending to adopt child.

(a)  Petition.--When any child under the age of 18 years has

been for a minimum period of three days in the exclusive care of

an adult or adults who have filed a report of intention to adopt

required by section 2531 (relating to report of intention to

adopt), the parent [or parents] of the child may petition the

court for permission to relinquish forever all parental rights

to [their] the child. The petition must include an

acknowledgment in writing by the birth parent of all of the

following:

(1)  Adoption-related counseling services have been

offered to the birth parent.

(2)  If the birth parent requested adoption-related

counseling services, whether the adoption-related counseling

services have been provided.

(3)  If adoption-related counseling services were

provided, the name and address of the agency which provided

them.

* * *

(c)  Written authorization.--If a parent or guardian has

relinquished a child under this section, the parent or guardian

shall furnish to the prospective adoptive parent a signed

writing stating that the relinquishment is for the purpose of

adoption and authorizes the prospective adoptive parent to

provide support and medical and other care for the child until

the adoption is finalized.

Section 4.  Title 23 is amended by adding a section to read:

§ 2502.1.  Agency requirements for abandoned child.

(a)  Designation of adoptive parent.--Within 30 days after an

agency obtains custody of a child found under such circumstances

that the identities or whereabouts of the birth parents are

unknown, the agency shall make all reasonable efforts to

identify and designate a prospective adoptive parent.

(b)  Diligent search.--The agency shall commence a search for

the birth parents of the abandoned child under section 2511(a)

(4) (relating to grounds for involuntary termination). The

search shall be completed within 75 days after the agency

obtains custody of the child.

(c)  Termination petition.--If the requirements of this

section and section 2511(a)(4) are met, the agency shall file a

petition for termination of parental rights within 120 days

after the date on which the child was found.

(d)  Hearing.--A hearing on a petition under this section

shall be conducted by the court on an expedited basis.

(e)  Report of intention to adopt.--The agency shall assist

the prospective adoptive parent with the filing of the report

under section 2531 (relating to report of intention to adopt).

Section 5.  Section 2503 heading and (b)(3), (c), (d) and (e)

of Title 23, amended October 27, 2010 (P.L.  , No.101), are

amended and the section is amended by adding a subsection to

read:

§ 2503.  [Hearing] Voluntary relinquishment hearing.

* * *

(a.1)  Custody of child.--During the pendency of a proceeding

under this section, unless the court directs otherwise, custody

of the child shall remain with the individual or agency that had

custody at the time the petition was filed.

(b)  Notice.--

* * *

(3)  The [copy of the notice which is given to the]

putative father shall [state that his rights may also be

subject to termination pursuant to subsection (d) if he fails

to file either an acknowledgment of paternity or claim of

paternity pursuant to section 5103 (relating to

acknowledgment and claim of paternity) and fails to either

appear at the hearing for the purpose of objecting to the

termination of his rights or file a written objection to such

termination with the court prior to the hearing.] receive

notice in the form provided in section 2513(b) (relating to

hearing). If the identity or whereabouts of the putative

father is unknown, notice shall be given under section

2514(b) (relating to notice if putative father or his

whereabouts unknown). Notice under this paragraph shall state

that the putative father's rights may also be terminated

under subsection (d) if any of the following apply:

(i)  He fails to file with the court prior to the

hearing a written objection to the termination.

(ii)  He fails to appear at the hearing for the

purpose of objecting to the termination of his rights.

(iii)  The court determines, after a hearing, that he

has failed to:

(A)  provide substantial financial support for

the child; or

(B)  make substantial and ongoing provision for

the child's care.

(c)  Decree.--

(1)  After a hearing, which shall be private, the court

may enter a decree of termination of parental rights [in the

case of their relinquishment to an adult or a decree of

termination of parental rights and duties, including the

obligation of support, in the case of their relinquishment to

an agency].

(2)  Subject to paragraph (3), a decree of termination of

parental rights terminates forever all the subject parent's

parental rights and duties with respect to the child,

including the obligation of support.

(3)  A decree of termination of parental rights does not

extinguish the duty of a parent to pay arrearages for child

support.

(d)  [Putative father.--] Termination of putative father's

parental rights.--If a putative father [will not file a petition

to voluntarily relinquish his parental rights pursuant to

section 2501 (relating to relinquishment to agency) or 2502

(relating to relinquishment to adult intending to adopt child),]

has been given notice of the hearing being held pursuant to this

section [and], the court may enter a decree terminating his

parental rights, whether or not the putative father has filed an

acknowledgment of paternity or claim of paternity under section

5103 (relating to acknowledgment and claim of paternity), if any

of the following paragraphs apply:

(1)  The putative father fails to [either]:

(i)  file a written objection to the termination with

the court prior to the hearing; or

(ii)  appear at that hearing for the purpose of

objecting to termination of his parental rights [or file

a written objection to such termination with the court

prior to the hearing and has not filed an acknowledgment

of paternity or claim of paternity pursuant to section

5103, the court may enter a decree terminating the

parental rights of the putative father pursuant to

subsection (c)].

(2)  The court determines, after a hearing, that the

putative father has failed to:

(i)  provide substantial financial support for the

child; or

(ii)  make substantial and ongoing provision for the

child's care.

(e)  Right to file personal and medical history

information.--At the time the decree of termination is

transmitted to the parent whose rights are terminated, the court

shall advise that parent, in writing, of his or her continuing

right to place and update personal and medical history

information, whether or not the medical condition is in

existence or discoverable at the time of adoption, on file with

the court, with the Department of Health and with the

[Department of Public Welfare] department pursuant to Subchapter

B of Chapter 29 (relating to records and access to information).

Section 6.  Section 2504 of Title 23, amended October 27,

2010 (P.L.  , No.101), is repealed:

[§ 2504.  Alternative procedure for relinquishment.

(a)  Petition to confirm consent to adoption.--If the parent

or parents of the child have executed consents to an adoption,

upon petition by the intermediary or, where is no intermediary,

by the adoptive parent, the court shall hold a hearing for the

purpose of confirming a consent to an adoption upon expiration

of the time periods under section 2711 (relating to consents

necessary to adoption). The original consent or consents to the

adoption shall be attached to the petition.

(b)  Hearing.--Upon presentation of a petition filed pursuant

to this section, the court shall fix a time for a hearing which

shall not be less than ten days after filing of the petition.

Notice of the hearing shall be by personal service or by

registered mail or by such other means as the court may require

upon the consenter and shall be in the form provided in section

2513(b) (relating to hearing). Notice of the hearing shall be

given to the other parent or parents, to the putative father

whose parental rights could be terminated pursuant to subsection

(c) and to the parents or guardian of a consenting parent who

has not reached 18 years of age. The notice shall state that the

consenting parent's or putative father's rights may be

terminated as a result of the hearing. After hearing, which

shall be private, the court may enter a decree of termination of

parental rights in the case of a relinquishment to an adult or a

decree of termination of parental rights and duties, including

the obligation of support, in the case of a relinquishment to an

agency.

(c)  Putative father.--If a putative father will not execute

a consent to an adoption as required by section 2711, has been

given notice of the hearing being held pursuant to this section

and fails to either appear at that hearing for the purpose of

objecting to termination of his parental rights or file a

written objection to such termination with the court prior to

the hearing and has not filed an acknowledgment of paternity or

claim of paternity pursuant to section 5103 (relating to

acknowledgment and claim of paternity), the court may enter a

decree terminating the parental rights of the putative father

pursuant to subsection (b).

(d)  Right to file personal and medical history

information.--At the time the decree of termination is

transmitted to the parent, the court shall also advise, in

writing, the parent whose rights have been terminated of his or

her continuing right to place and update personal and medical

history information, whether or not the medical condition is in

existence or discoverable at the time of adoption, on file with

the court and with the Department of Public Welfare pursuant to

Subchapter B of Chapter 29 (relating to records and access to

information).]

Section 7.  Sections 2504.1 and 2505 of Title 23 are amended

to read:

§ 2504.1.  Confidentiality.

The court shall take such steps as are reasonably necessary

to assure that the identity of the adoptive parent [or parents]

is not disclosed without [their] that parent's consent in any

proceeding under this subchapter or Subchapter B (relating to

involuntary termination). The Supreme Court may prescribe

uniform rules under this section relating to such

confidentiality.

§ 2505.  [Counseling] Adoption-related counseling services.

(a)  [List of counselors] Information.--Any hospital or other

facility providing maternity care shall provide a list of

[available counselors and] agencies approved to provide

adoption-related counseling services compiled pursuant to

subsection (b) to its maternity patients who are known to be

considering relinquishment or termination of parental rights or

consent to adoption pursuant to this part[.] and information

about the counseling fund and how to access it for patients who

are unable to pay for counseling. The patient shall sign an

acknowledgment of receipt of such list prior to discharge, a

copy of which receipt shall be provided to the patient.

(b)  Compilation of list.--The [court] department shall

compile a list, on a county-by-county basis, of [qualified

counselors and] agencies approved by the department to provide

adoption-related counseling services [(including all adoption

agencies)] which are available to [counsel natural] birth 

parents [within the county] who are contemplating relinquishment

or termination of parental rights or consent to adoption, who

have filed a petition to relinquish parental rights or who have

executed a consent to an adoption, pursuant to this part. Such

list shall be distributed to every court of common pleas, 

agency, hospital or [other] facility providing maternity care

within the county [and]. The department shall [be made] make the

list available upon request to any [intermediary or licensed

health care professional] person.

(c)  Court determination and referral.--Prior to entering a

decree of termination of parental rights pursuant to section

2503 (relating to voluntary relinquishment hearing) or [2504]

2711.1 (relating to [alternative procedure for relinquishment),

if the parent whose rights are to be terminated is present in

court,] termination of parental rights pursuant to consent), the

court shall [inquire] determine whether [he or she] the birth

parent has [received] been offered adoption-related counseling

[concerning the termination and the alternatives thereto from an

agency or from a qualified counselor listed by a court pursuant

to subsection (b)] services. If the birth parent has not

[received such] been offered adoption-related counseling

services, the court [may, with the parent's consent, refer]

shall provide the birth parent [to an agency or qualified

counselor listed by a court] with the list compiled pursuant to

subsection (b) [for the purpose of receiving such counseling].

In no event shall the court delay the completion of any hearing

pursuant to section 2503 or [2504] 2711.1 for more than 15 days

in order [to provide] for the birth parent to obtain such

counseling.

(d)  Application for counseling.--[Any parent who has filed]

Any of the following may apply to a county agency for referral

to an agency listed under subsection (b) for the purpose of

receiving adoption-related counseling services paid from funds

under subsection (e):

(1)  A birth parent, or an intermediary acting on behalf

of the birth parent, who is contemplating:

(i)  relinquishment of parental rights; or

(ii)  execution of a consent to adoption.

(2)  A birth parent, or an intermediary acting on behalf

of the birth parent, who has not been offered adoption-

related counseling services and has:

(i)  filed a petition to relinquish [his or her]

parental rights[,]; or [has]

(ii)  executed a consent to adoption.[, and is in

need of counseling concerning the relinquishment or

consent, and the alternatives thereto, may apply to the

court for referral to an agency or qualified counselor

listed by a court pursuant to subsection (b) for the

purpose of receiving such counseling. The court, in its

discretion, may make such a referral where it is

satisfied that this counseling would be of benefit to the

parent.]

(d.1)  County agency.--

(1)  Within three business days of receiving the

application under subsection (d), the county agency must

notify the applicant of approval or disapproval of the

application. Disapproval must be in writing and include the

reason. Failure to comply with this paragraph shall be deemed

approval of the application.

(2)  Upon notification that the applicant is approved,

the county agency shall advise the applicant of procedures to

obtain adoption-related counseling services.

(3)  The frequency of adoption-related counseling

services shall be determined by the county in accordance with

regulations promulgated by the department, which take into

account the needs of the parent.

(e)  [Counseling fund] Funds.--

(1)  Except as [hereinafter] provided in paragraph (2),

each report of intention to adopt filed pursuant to section

2531 (relating to report of intention to adopt) shall be

accompanied by a filing fee in the amount of $75 which shall

be [paid into a segregated fund established by] transferred

to the [county] agency to pay for adoption-related services.

The county may also make supplemental appropriations to the

fund. All costs of adoption-related counseling services 

provided pursuant to subsection (c) or (d) to individuals who

are unable to pay for such counseling shall be paid from the

fund. Costs related to adoption-related counseling services

for a birth parent whose child is adjudicated dependent shall

be considered a reimbursable expenditure of the county agency

as an adoption service, with reimbursement to the county

agency by the department of the reasonable costs, under

section 704.1(a)(6) of the act of June 13, 1967 (P.L.31,

No.21), known as the Public Welfare Code.

(2)  No filing fee may be exacted under this subsection

with respect to the adoption of a special needs child who

would be eligible for adoption assistance pursuant to

regulations promulgated by the [Department of Public Welfare]

department. In addition, the court may reduce or waive the

fee in cases of demonstrated financial hardship.

(3)  On an annual basis, the county agency shall report

to the department all of the following:

(i)  The amount of money made available to the county

agency through filing fees established in paragraph (1)

and other sources of funding for adoption-related

counseling services.

(ii)  The number of requests to the county agency for

referral to adoption-related counseling services.

(iii)  The amount paid by the county agency for

adoption-related counseling services.

(iv)  The estimated per-parent cost of adoption-

related counseling services.

Section 8.  Section 2511(a)(2), (3), (4), (6) and (7), (b)

and (c) of Title 23, amended October 27, 2010 (P.L.  , No.101),

are amended and subsection (a) is amended by adding paragraphs

to read:

§ 2511.  Grounds for involuntary termination.

(a)  General rule.--The rights of a parent in regard to a

child may be terminated after a petition filed on any of the

following grounds:

* * *

(2)  The repeated and continued incapacity, abuse,

neglect or refusal of the parent has caused the child to be

without essential parental care, control or subsistence

necessary for his physical or mental well-being and the

conditions and causes of the incapacity, abuse, neglect or

refusal cannot or will not be remedied by the parent within a

reasonable period of time.

(3)  The parent is the presumptive but not the [natural]

birth father of the child.

(4)  The child was abandoned and is in the custody of an

agency, [having been found under such circumstances that] the

identity or whereabouts of the parent is unknown and cannot

be ascertained by diligent search and the parent does not

claim the child within three months after the child is found.

* * *

(6)  In the case of a newborn child, the parent knows or

has reason to know of the child's birth, does not reside with

the child, [has not married the child's other parent,] has

failed for a period of four months immediately preceding the

filing of the petition to make reasonable efforts to maintain

substantial and continuing contact with the child and has

failed during the same four-month period to provide

substantial financial support for the child.

(7)  The parent is the [father of a child conceived as a

result] perpetrator of a rape or sexual assault or of incest,

which resulted in the conception of the child.

* * *

(10)  The identity or whereabouts of the putative father

of the child is unknown and notice has been provided under

section 2514 (relating to notice if putative father or his

whereabouts unknown).

(11)  The parent has engaged in repeated and continued

abuse or neglect of the child, the child's sibling or another

child residing in the child's household.

(12)  The child, the child's sibling or another child

residing in the child's household has been the victim of any

of the following by the parent whose rights are to be

involuntarily terminated:

(i)  Serious bodily injury, as defined in section

6303(a) (relating to definitions).

(ii)  An offense under 18 Pa.C.S. Ch. 25 (relating to

criminal homicide).

(iii)  Indecent contact, as defined in 18 Pa.C.S. §

3101 (relating to definitions).

(iv)  An offense under any of the following

provisions of 18 Pa.C.S. (relating to crimes and

offenses):

Section 3121(a) (relating to rape).

Section 3122.1 (relating to statutory sexual

assault).

Section 3123 (relating to involuntary deviate

sexual intercourse).

Section 3124.1 (relating to sexual assault).

Section 3125 (relating to aggravated indecent

assault).

Section 3126 (relating to indecent assault).

Section 4302 (relating to incest).

Section 6312 (relating to sexual abuse of

children).

Section 6320 (relating to sexual exploitation of

children).

(v)  An offense in another jurisdiction similar to an

offense listed in this paragraph.

(b)  Other considerations.--The court in terminating the

rights of a parent shall give primary consideration to the

developmental, physical and emotional needs and welfare of the

child. The rights of a parent shall not be terminated solely on

the basis of environmental factors such as inadequate housing,

furnishings, income, clothing and medical care if found to be

beyond the control of the parent. With respect to any petition

filed pursuant to subsection (a)[(1), (6) or (8)], the court

shall not consider any efforts by the parent to remedy the

conditions described therein which are first initiated

subsequent to the giving of notice of the filing of the

petition.

(c)  Right to file personal and medical history

information.--At the time the decree of termination is

transmitted to the parent whose rights have been terminated, the

court shall advise the parent, in writing, of his or her

continuing right to place and update personal and medical

history information, whether or not the medical condition is in

existence or discoverable at the time of adoption, on file with

the court, the Department of Health and [with] the [Department

of Public Welfare] department pursuant to Subchapter B of

Chapter 29 (relating to records and access to information).

Section 9.  Section 2512(c) of Title 23 is amended to read:

§ 2512.  Petition for involuntary termination.

* * *

[(c)  Father not identified.--If the petition does not

identify the father of the child, it shall state whether a claim

of paternity has been filed under section 8303 (relating to

claim of paternity).]

Section 10.  Section 2513(b), (c) and (d) of Title 23 are

amended and the section is amended by adding a subsection to

read:

§ 2513.  Hearing.

* * *

(a.1)  Custody of child.--During the pendency of a proceeding

under this section, unless the court directs otherwise, custody

of the child shall remain with the individual or agency that had

custody at the time the petition was filed.

(b)  Notice.--At least ten days' notice shall be given to the

parent [or parents], putative father, or parent of a minor

parent whose rights are to be terminated, by personal service or

by registered mail to his or their last known address or by such

other means as the court may require. A copy of the notice shall

be given in the same manner to the other parent, putative father

or parent or guardian of a minor parent whose rights are to be

terminated. A putative father shall include one who has filed a

claim of paternity as provided in section 5103 (relating to

acknowledgment and claim of paternity) prior to the institution

of proceedings. The notice shall state the following:

["]A petition has been filed asking the court to put an

end to all rights you have to your child (insert name of

child). The court has set a hearing to consider ending your

rights to your child. That hearing will be held in (insert

place, giving reference to exact room and building number or

designation) on (insert date) at (insert time). You are

warned that even if you fail to appear at the scheduled

hearing, the hearing will go on without you and your rights

to your child may be ended by the court without [your] you 

being present. You have a right to be represented at the

hearing by a lawyer. You should take this paper to your

lawyer at once. If you do not have a lawyer or cannot afford

one, go to or telephone the office set forth below to find

out where you can get legal help.

(c)  Mother competent witness on paternity issue.--The

[natural] birth mother shall be a competent witness as to

whether the presumptive or putative father is the [natural]

birth father of the child.

(d)  Decree.--

(1)  After hearing, which may be private, the court shall

make a finding relative to the pertinent provisions of

section 2511 (relating to grounds for involuntary

termination) [and upon such]. Upon a finding by clear and

convincing evidence of a ground under section 2511, the court 

may enter a decree of termination of parental rights.

(2)  Subject to paragraph (3), a decree of termination of

parental rights terminates forever all the subject parent's

parental rights and duties with respect to the child,

including the obligation of support.

(3)  A decree of termination of parental rights does not

extinguish the duty of a parent to pay arrearages for child

support.

Section 11.  Title 23 is amended by adding a section to read:

§ 2514.  Notice if putative father or his whereabouts unknown.

(a)  Reasonable efforts.--

(1)  A petitioner under sections 2501 (relating to

relinquishment to agency), 2502 (relating to relinquishment

to adult intending to adopt child), 2512 (relating to

petition for involuntary termination) and 2711.1 (relating to

termination of parental rights pursuant to consent) must

establish that reasonable efforts were made to identify or

locate a putative father for the purpose of providing notice

in a proceeding under this part.

(2)  In determining whether the petitioner's efforts to

provide notice were sufficient under this part, the court

shall consider all of the following:

(i)  The extent to which inquiries were made as to

whether:

(A)  The birth mother was married or cohabitating

with a man at the probable time of conception of the

child.

(B)  The birth mother has received payments or

promises of support, other than from a governmental

agency, with respect to the child or because of her

pregnancy.

(C)  The birth mother has named any individual as

the father on the birth certificate of the child or

in connection with applying for or receiving public

assistance.

(D)  An individual has formally or informally

acknowledged or claimed paternity of the child in a

jurisdiction in which the birth mother resided during

or since her pregnancy or in which the child has

resided or resides at the time of the inquiry.

(ii)  Documentation that notice has been sent

unsuccessfully to the identified putative father at his

last known address.

(iii)  Documentation that inquiry regarding the last

known address or residence of the putative father was

made to the following entities if applicable:

(A)  Local post office.

(B)  State agency with jurisdiction over drivers'

licenses.

(C)  State agency with jurisdiction over public

assistance.

(D)  State or local voter registration agency.

(E)  State and local probation and parole

offices.

(b)  Notice by publication.--If the petitioner can establish

that reasonable but unsuccessful efforts were made to identify

or locate a putative father, notice of the proceeding may be

given to the putative father by publication one time in both a

newspaper of general circulation and in the county legal journal

at least ten days before the date of the hearing. Proof of

publication of the notice provided under this subsection must be

submitted to the court.

(c)  Affidavit of service.--At the hearing on a petition to

terminate the parental rights of a putative father whose

identity or whereabouts are unknown, the petitioner must submit

to the court an affidavit of the reasonable efforts made to

identify or locate a putative father for the purpose of

providing notice of the proceedings.

(d)  Determination by the court.--A specific finding must be

made by the court that reasonable efforts were made by the

petitioner under subsection (a)(1), including publication of

notice required under subsection (b), and that the putative

father is unknown or cannot be located for the purpose of

providing notice.

Section 12.  Sections 2530 and 2531(b) of Title 23 are

amended to read:

§ 2530.  [Home study and preplacement report] Family profile.

(a)  General rule.--No [intermediary shall place a] child may

be placed in the physical care or custody of a prospective

adoptive parent [or parents] unless a [home study] family

profile containing a favorable recommendation for placement of a

child with the prospective parent [or parents] has been

completed within three years prior thereto and which has been

supplemented within one year prior thereto. The [home study]

family profile shall be conducted by a [local public child-care

agency,] county agency or an adoption agency [or a licensed

social worker designated by the court to perform such study].

The family profile is not required if a parent or guardian

places a child directly with a relative of the child, as

identified in section 2531(c) (relating to report of intention

to adopt) for purposes of adoption.

(b)  [Preplacement report.--A preplacement report shall be

prepared by the agency or person conducting the home study.]

Contents.--

(1)  The [preplacement report] family profile shall set

forth all pertinent information relating to the parental 

fitness of the adopting [parents as parents] parent.

(2)  The [preplacement report] family profile shall be

based upon a study which shall include an investigation of

the home environment, family life, parenting skills, age,

physical and mental health, social, cultural and religious

background, facilities and resources of the adoptive

[parents] parent and [their] that parent's ability to manage

[their] resources. The [preplacement report] family profile 

shall also include the information required by section

6344(b) (relating to information relating to prospective

child-care personnel), as well as a report of Federal

criminal history record information.

(3)  The [preplacement report] family profile shall

include a determination regarding the parental fitness of the

adopting [parents as parents] parent.

(4)  The [preplacement report] family profile shall be

dated and verified.

(5)  The family profile shall be based on a personal

interview with the petitioner in the petitioner's residence.

(c)  Interim placement.--Where a [home study] family profile 

required under this section is in process, but not yet

completed, [an intermediary may place] a child may be placed in

the physical care or custody of a prospective adoptive parent

[or parents] if all of the following conditions are met:

(1)  The [intermediary] agency preparing the family

profile has no reason to believe that the prospective

adoptive parent [or parents] would not receive a favorable

recommendation for placement as a result of the [home study]

family profile.

(2)  The [individual or] agency [conducting] preparing 

the [home study] family profile assents to the interim

placement.

(3)  The [intermediary] agency immediately notifies the

court of the interim placement and [the identity of the

individual or agency conducting the home study] that it is

preparing the family profile. If at any time prior to the

completion of the [home study] family profile, the court is

notified by the [individual or] agency [conducting] preparing 

the [home study] family profile that it withdraws its assent

to the interim placement, the court may order the placement

of the child in temporary foster care with an agency until a

favorable recommendation for placement is received.

§ 2531.  Report of intention to adopt.

* * *

(b)  Contents.--The report shall set forth:

(1)  The circumstances surrounding the persons receiving

or retaining custody or physical care of the child, including

the date upon which a [preplacement investigation] family

profile was concluded.

(2)  The name, sex, racial background, age, date and

place of birth and religious affiliation of the child.

(3)  The name and address of the intermediary.

(4)  An itemized accounting of moneys and consideration

paid or to be paid to the intermediary.

(5)  Whether the parent [or parents] whose parental

rights are to be terminated [have received] has received

adoption-related counseling with respect to the termination

and the alternatives thereto. If so, the report shall state

the dates on which the counseling was provided and the name

and address of the [counselor or] agency which provided the

counseling.

(6)  The name, address and signature of the person or

persons making the report. Immediately above the signature of

the person or persons intending to adopt the child shall

appear the following statement:

I acknowledge that I have been advised or know and

understand that the birth father or putative father may

revoke the consent to the adoption of this child within

30 days after the later of the birth of the child or the

date he has executed the consent to an adoption and that

the birth mother may revoke the consent to an adoption of

this child within 30 days after the date she has executed

the consent.

(7)  A copy of the [preplacement report prepared pursuant

to section 2530 (relating to home study and preplacement

report).] family profile. The copy of the family profile must

be provided to the court within 30 days of filing the report.

(8)  Either:

(i)  a copy of the medical and personal history of

the birth parents; or

(ii)  the reason that the copy under subparagraph (i)

has not been obtained.

When a person receives or retains custody or physical care of a

child from an agency, the report shall set forth only the name

and address of the agency, the circumstances surrounding such

person receiving or retaining custody or physical care of the

child and a copy of the [preplacement report] family profile 

prepared pursuant to section 2530 (relating to family profile).

* * *

Section 13.  Title 23 is amended by adding a section to read:

§ 2531.1.  Criminal and child abuse background checks for

stepparent or relative adoptions.

The criminal and child abuse history record information

required under section 2530(b)(2) (relating to family profile)

must be obtained for any prospective adoptive parent who is a

stepparent or other relative of the adoptee. This information

must be attached to the petition for adoption.

Section 14.  Section 2533(a), (b)(3) and (12) and (d)

introductory paragraph, (1) and (3) of Title 23 are amended and

subsections (b) and (d) are amended by adding paragraphs to

read:

§ 2533.  Report of intermediary.

(a)  General rule.--Within six months after filing the report

of intention to adopt, the intermediary who or which arranged

the adoption placement of any child under the age of 18 years

shall make a written report under oath to the court in which the

petition for adoption will be filed and shall thereupon

forthwith notify in writing the adopting parent [or parents] of

the fact that the report has been filed and the date thereof.

(b)  Contents.--The report shall set forth:

* * *

(3)  The date of the placement of the child with the

adopting parent [or parents].

* * *

(12)  A statement:

(i)  that personal and medical history information

was obtained [and if not obtained, a statement]; or

(ii)  of the reason [therefor.] that the information

under subparagraph (i) was not obtained.

(13)  A list of the dates of supervision of the adoptive

placement by the supervising agency.

* * *

(d)  Permissible reimbursement of expenses.--Payments made by

the adoptive [parents] parent to an intermediary or a third

party for reimbursement of the following expenses, calculated

without regard to the income of the adoptive [parents] parent,

are permissible and are not in violation of 18 Pa.C.S. § 4305 

(relating to dealing in infant children):

(1)  Medical [and], hospital, nursing, pharmaceutical,

travel or other similar expenses incurred by the [natural

mother for prenatal care and those medical and hospital

expenses incurred by the natural] birth mother [and] or her 

child incident to birth or any illness of the child.

* * *

(3)  Reasonable expenses incurred by the agency or a

third party for adjustment counseling and training services

provided to the adoptive parents [and for home studies], for

family profiles or investigations.

* * *

(5)  Expenses for adoption-related counseling services

for a birth parent and for counseling services for the child

for a reasonable time before and after the child's placement

for adoption.

(6)  Living expenses of a birth mother, which are limited

to food, clothing and shelter, for a reasonable time before

the birth of her child and for not more than six weeks after

the birth.

(7)  Foster care expenses for a child who is not in the

custody of a county agency.

(8)  Expenses for legal services performed for a birth

parent who consents to the adoption of a child or

relinquishes the child to an agency.

(9)  Expenses for any other service the court finds to be

reasonably necessary.

Section 15.  Section 2534 of Title 23 is amended by adding

paragraphs to read:

§ 2534.  Exhibits.

The report of the intermediary shall have attached to it the

following exhibits:

* * *

(4)  A copy of the supervisory reports prepared by the

supervising agency.

(5)  If obtained, a copy of the medical and personal

history information of the birth parents.

Section 16.  Section 2535(a) of Title 23 is amended to read:

§ 2535.  Investigation.

(a)  General rule.--When a report required by section 2531

(relating to report of intention to adopt) has been filed, the

court shall cause an investigation to be made and a report to be 

filed by a [local public child care] county agency[, a voluntary

child care] or an adoption agency with its consent [or an

appropriate person designated by the court]. In lieu of the

investigation, the court may accept an investigation made by the

agency which placed the child and the report of investigation in

such cases may be incorporated into the report of the

intermediary required by section 2533 (relating to report of

intermediary).

* * *

Section 17.  Title 23 is amended by adding a section to read:

§ 2536.  Postplacement supervision.

An agency supervising an adoption shall conduct postplacement

supervision, consisting of a minimum of three visits to the

adoptive home.

Section 18.  Subchapter E heading of Chapter 25 and sections

2551, 2552, 2553, 2554, 2555, 2556 and 2558(2) of Title 23 are

amended to read:

SUBCHAPTER E

PENNSYLVANIA ADOPTION [COOPERATIVE EXCHANGE] REGISTRY

§ 2551.  Definitions.

The following words and phrases when used in this subchapter

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

["Department."  The Department of Public Welfare of the

Commonwealth.]

"[PACE] PAR."  The Pennsylvania Adoption [Cooperative

Exchange] Registry established in section 2552 (relating to

Pennsylvania Adoption Registry).

§ 2552.  Pennsylvania Adoption [Cooperative Exchange] Registry.

There shall be a Pennsylvania Adoption [Cooperative Exchange]

Registry in the Office of Children, Youth and Families of the

[Department of Public Welfare] department.

§ 2553.  Registration of children.

(a)  Mandatory registration.--[PACE] PAR shall register and

be responsible for the review and referral of children for whom

parental rights have been terminated for [90] 30 days and for

whom no report of intention to adopt has been filed in the court

of common pleas.

(b)  Optional registration.--[PACE may also]

(1)  PAR may register children [where] if:

(i)  restoration to the biological family is neither

possible nor appropriate[,];

(ii)  a petition to terminate parental rights has

been filed; and

(iii)  adoption is planned pending identification of

an adoptive parent [or parents. However, information].

(2)  PAR may register children with a court-approved goal

of adoption if:

(i)  the court-approved goal of adoption has not been

appealed within 30 days; and

(ii)  a petition to terminate parental rights has not

been filed.

(3)  Information about these children shall not be

publicized without prior approval by the department, which

shall ensure the anonymity of these children until such time

as parental rights are terminated.

(c)  Children excluded from registration.--A child for whom

termination of parental rights is being appealed in a court

shall not be registered with [PACE] PAR as available for

adoption. Identifying information of such children shall be

forwarded to [PACE] PAR by the agency, with reference to the

specific reason for which the child is not to be placed on the

listing service.

§ 2554.  Responsibilities of [PACE] PAR.

[PACE] PAR shall be responsible for the following:

(1)  Registration of adoptive parent applicants who have

been approved by agencies.

(2)  Accumulation and dissemination of statistical

information regarding all children registered with [PACE]

PAR.

(3)  Creation and administration of a public information

program designed to inform potential adoptive parents of the

need for adoptive homes for children registered with [PACE]

PAR.

(4)  Preparation and distribution of a photographic

listing service on children registered with [PACE] PAR.

(5)  Preparation of annual [reports] report concerning

functions of [PACE] PAR regarding the children and the

prospective parents listed with [PACE] it. The [reports]

report shall be submitted annually by May 1 to the [Health

and Welfare and Judiciary Committees] Governor and the

appropriate standing committees of the Senate and of the

House of Representatives[, to the Public Health and Welfare

and Judiciary Committees of the Senate and to the Governor].

The report shall include program and fiscal information

regarding PAR and additional Commonwealth and local

initiatives involving the recruitment of families interested

in adopting a child with special needs. As used in this

paragraph, the term "child with special needs" means an

"eligible child," as defined in section 772 of the act of

June 13, 1967 (P.L.31, No.21), known as the Public Welfare

Code.

(6)  Coordination of its functions with other state,

regional and national adoption exchanges.

§ 2555.  Responsibilities of [public and private] agencies.

[All public and licensed private child service agencies] An

agency shall register with PAR all children [with PACE] for whom

parental rights have been terminated for [90] 30 days and for

whom no report of intention to adopt has been filed in the court

of common pleas. [A public or licensed private] An agency may

register other children as set forth in section 2553(b)

(relating to registration of children). An agency shall advise

prospective adopting parents of the existence of PAR.

§ 2556.  Related activities of agencies unaffected.

This subchapter shall not be construed to limit or delay

actions by agencies [or institutions] to arrange for adoptions

or other related matters on their own initiative and shall not

alter or restrict the duties, authority and confidentiality of

the agencies [and institutions] in those matters.

§ 2558.  Retroactive application of subchapter.

This subchapter shall apply retroactively to all children for

whom:

* * *

(2)  Restoration to the [biological] birth family is

neither possible nor appropriate, a petition to terminate

parental rights has been filed and adoption is planned

pending identification of an adoptive parent [or parents].

Section 19.  Section 2701(1), (2) and (4) of Title 23 are

amended and the section is amended by adding paragraphs to read: