PRIOR PRINTER'S NO. 67                        PRINTER'S NO. 2036

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 58 Session of 1983


        INTRODUCED BY MILLER, JANUARY 25, 1983

        AS REPORTED FROM COMMITTEE ON HEALTH AND WELFARE, HOUSE OF
        REPRESENTATIVES, AS AMENDED, OCTOBER 24, 1983

                                     AN ACT

     1  Creating the Pennsylvania Adoption Cooperative Exchange;
     2     prescribing responsibilities; requiring certain agencies to
     3     cooperate with the exchange; and providing for regulations
     4     and staff.

     5     The General Assembly of the Commonwealth of Pennsylvania
     6  hereby enacts as follows:
     7  Section 1.  Short title.
     8     This act shall be known and may be cited as the Pennsylvania
     9  Adoption Cooperation COOPERATIVE Exchange Act.                    <--
    10  Section 2.  Creation of Pennsylvania Adoption Cooperative
    11              Exchange.
    12     There is hereby created within the Office of Children and
    13  Youth of the Department of Public Welfare a Pennsylvania
    14  Adoption Cooperative Exchange, referred to in this act as
    15  "PACE."
    16  Section 3.  Responsibilities and duties.
    17     PACE shall be responsible for:
    18         (1)  The review, analysis REGISTRATION, REVIEW and         <--

     1     referral of children for whom parental rights have been
     2     terminated. CHILDREN FOR WHOM PARENTAL RIGHTS HAVE NOT BEEN    <--
     3     TERMINATED, BUT FOR WHOM ADOPTION IS PLANNED PENDING THE
     4     IDENTIFICATION OF AN ADOPTIVE FAMILY MAY ALSO BE REGISTERED
     5     WITH PACE AS AVAILABLE FOR ADOPTION, HOWEVER INFORMATION
     6     ABOUT THESE CHILDREN SHALL NOT BE PUBLICIZED WITHOUT PRIOR
     7     APPROVAL BY THE OFFICE OF CHILDREN, YOUTH AND FAMILIES OF THE
     8     DEPARTMENT OF PUBLIC WELFARE.
     9         (2)  The accumulation and dissemination of information
    10     regarding all children for whom parental rights have been
    11     terminated in this Commonwealth.
    12         (3)  The creation and administration of a public
    13     information program designed to inform potential adoptive
    14     parents of the need for adoptive homes for children
    15     registered with PACE.
    16         (4)  The preparation and distribution of a photographic
    17     listing service on children registered with PACE. Whenever     <--
    18     the child is 12 years or older and will not consent to his
    19     adoption, the child need not be listed on the service. The
    20     children's names shall be forwarded to PACE by the agency,
    21     with reference to the specific reason for which the child is
    22     not to be placed on the listing service. A CHILD 12 YEARS OR   <--
    23     OLDER WHO WILL NOT CONSENT TO ADOPTION, OR A CHILD FOR WHOM
    24     TERMINATION OF PARENTAL RIGHTS IS BEING APPEALED IN A COURT,
    25     SHALL NOT BE REGISTERED WITH PACE AS AVAILABLE FOR ADOPTION.
    26     IDENTIFYING INFORMATION OF SUCH CHILDREN SHALL BE FORWARDED
    27     TO PACE BY THE AGENCY, WITH REFERENCE TO THE SPECIFIC REASON
    28     FOR WHICH THE CHILD IS NOT TO BE PLACED ON THE LISTING
    29     SERVICE.
    30         (5)  The preparation of periodic reports concerning
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     1     activities of PACE and the parents and children referred, for  <--
     2     submission to standing committees of the House of
     3     Representatives and Senate of Pennsylvania which normally
     4     would deliberate on matters of adoption, the Governor and the
     5     Secretary of Public Welfare. FUNCTIONS OF PACE REGARDING THE   <--
     6     CHILDREN AND THE PROSPECTIVE PARENTS LISTED WITH PACE. SUCH
     7     REPORTS SHALL BE SUBMITTED TO THE HOUSE OF REPRESENTATIVES
     8     HEALTH AND WELFARE AND JUDICIARY COMMITTEES, AND ALSO TO THE
     9     SENATE PUBLIC HEALTH AND WELFARE AND JUDICIARY COMMITTEES, AS
    10     WELL AS TO THE GOVERNOR AND THE SECRETARY OF THE DEPARTMENT
    11     OF PUBLIC WELFARE.
    12         (6)  The coordination of its activities FUNCTIONS with     <--
    13     other state, national and regional REGIONAL AND NATIONAL       <--
    14     adoption exchanges.
    15  Section 4.  Public and private agencies cooperation.
    16     All licensed public and LICENSED private child service         <--
    17  agencies will be required to SHALL register all children with     <--
    18  PACE for whom parental rights have been terminated for 90 days
    19  and for whom no report of intention to adopt has been filed in
    20  the court of common pleas. ANY PUBLIC AND LICENSED PRIVATE        <--
    21  AGENCIES MAY REGISTER OTHER CHILDREN AS SET FORTH IN SECTION
    22  3(1).
    23  Section 5.  Related agencies activities.
    24     The provisions of this THIS act shall not be construed to      <--
    25  limit or delay actions by agencies or institutions to arrange
    26  for adoptions or institutions to arrange for adoptions or other   <--
    27  related matters on their own initiative. They shall not alter or
    28  restrict the duties, authority and confidentiality of the
    29  agencies and institutions in those matters.
    30  Section 6.  Regulations and staff.
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     1     The Department of Public Welfare shall promulgate necessary
     2  regulations and shall hire the staff which is necessary to
     3  implement this act.
     4  Section 7.  Application RETROACTIVE APPLICATION of act.           <--
     5     This act shall apply RETROACTIVELY to all children for whom    <--
     6  parental rights have been terminated for 90 days and for whom no
     7  report of intention to adopt has been filed in the court of
     8  common pleas. prior to the effective date of this act. IT SHALL   <--
     9  ALSO APPLY TO ALL CHILDREN FOR WHOM PARENTAL RIGHTS HAVE NOT
    10  BEEN TERMINATED BUT FOR WHOM ADOPTION IS PLANNED PENDING THE
    11  IDENTIFICATION OF AN ADOPTIVE FAMILY. CHILDREN FOR WHOM PARENTAL
    12  RIGHTS HAVE NOT BEEN TERMINATED WHO ARE REFERRED TO PACE SHALL
    13  BE REGISTERED. PACE SHALL NOT PUBLICIZE THE AVAILABILITY OF
    14  THESE CHILDREN UNTIL PARENTAL RIGHTS HAVE BEEN TERMINATED
    15  WITHOUT PRIOR APPROVAL BY THE OFFICE OF CHILDREN, YOUTH AND
    16  FAMILIES OF THE DEPARTMENT OF PUBLIC WELFARE.
    17  Section 8.  Effective date.
    18     This act shall take effect in 60 days.









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