THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY PETRI AND GEIST, FEBRUARY 13, 2009

REFERRED TO COMMITTEE ON CHILDREN AND YOUTH, FEBRUARY 13, 2009  

AN ACT

Amending Title 23 (Domestic Relations) of the Pennsylvania

Consolidated Statutes, in adoption, further providing for

counseling; and providing for adoption-related counseling

services.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 2505 of Title 23 of the Pennsylvania

Consolidated Statutes is repealed:

[§ 2505.  Counseling.

(a)  List of counselors.--Any hospital or other facility

providing maternity care shall provide a list of available

counselors and counseling services compiled pursuant to

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

considering relinquishment or termination of parental rights

pursuant to this part. 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 shall compile a list of

qualified counselors and counseling services (including all

adoption agencies) which are available to counsel natural

parents within the county who are contemplating relinquishment

or termination of parental rights pursuant to this part. Such

list shall be distributed to every agency, hospital or other

facility providing maternity care within the county and shall be

made available upon request to any intermediary or licensed

health care professional.

(c)  Court referral.--Prior to entering a decree of

termination of parental rights pursuant to section 2503

(relating to hearing) or 2504 (relating to alternative procedure

for relinquishment), if the parent whose rights are to be

terminated is present in court, the court shall inquire whether

he or she has received counseling concerning the termination and

the alternatives thereto from an agency or from a qualified

counselor listed by a court pursuant to subsection (b). If the

parent has not received such counseling, the court may, with the

parent's consent, refer the parent to an agency or qualified

counselor listed by a court 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 for more than 15 days in order to provide for such

counseling.

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

petition to relinquish his or her parental rights, or has

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.

(e)  Counseling fund.--Except as hereinafter provided, 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 the county. The county may also

make supplemental appropriations to the fund. All costs of

counseling provided pursuant to subsection (c) or (d) to

individuals who are unable to pay for such counseling shall be

paid from the fund. 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. In

addition, the court may reduce or waive the fee in cases of

demonstrated financial hardship.]

Section 2.  Title 23 is amended by adding a section to read:

§ 2505.1.  Adoption-related counseling services.

(a)  Purpose of counseling.--Counseling under this section

shall provide a birth parent with assistance in understanding

the adoption process, the birth parent's rights and obligations,

the consequences of a decision to relinquish parental rights and

the alternatives to relinquishment and adoption.

(b)  Right to counseling.--A parent or presumptive father,

putative father or an agency or attorney acting on behalf of the

parent, who is unable to pay for the counseling or who will

experience substantial financial hardship as a result of

payment, may apply for counseling under this section, if the

individual:

(1)  is considering relinquishing parental rights with

respect to a child or placing a child for adoption; or

(2)  has relinquished parental rights with respect to a

child or placed a child for adoption.

(c)  Compilation of list.--Each county shall compile a list

of qualified counselors and counseling service providers,

including agencies, which are available within the county and

surrounding area to provide counseling under this section.

(d)  Distribution of list.--

(1)  Each county shall provide the list compiled under

subsection (c) to the following:

(i)  Each agency within the county.

(ii)  Each health care provider of obstetrical or

maternity care within the county.

(iii)  Any person upon request.

(2)  Any agency or health care provider of obstetrical or

maternity care that receives the list compiled under

subsection (c) shall provide the list to any individual it

knows is considering relinquishing parental rights with

respect to a child or placing a child for adoption.

(e)  Notice of availability of list.--The Department of

Public Welfare shall provide notice of the availability of the

list compiled under subsection (c) to any person filing either

an acknowledgment of paternity or a claim of paternity under

section 5103 (relating to acknowledgment and claim of

paternity).

(f)  Referral for counseling.--

(1)  If a parent decides to receive counseling, the

individual shall contact the county for a referral

authorizing counseling.

(2)  The county shall provide the parent with a referral

within three days of receiving the request.

(3)  The county shall advise the parent of the procedures

to obtain counseling services.

(g)  Counseling fund.--Each county shall establish a separate

fund to pay for adoption-related counseling services under this

section. The source of the counseling fund shall be the fee

collected under subsection (h). The county may make supplemental

appropriations to the counseling fund.

(h)  Filing fee.--

(1)  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 transferred to the county and deposited into the

counseling fund required under subsection (g). All costs of

counseling services provided to individuals who are unable to

pay for such services shall be paid from the fund.

(2)  No filing fee shall be required 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.

(3) The court may reduce or waive the filing fee in cases

of demonstrated financial hardship.

(i)  Additional counseling.--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.

(j)  Designation by county.--Each county shall designate an

agency within the county to implement the provisions of this

section.

Section 3.  This act shall take effect in 60 days.