AN ACT

 

1Amending Title 23 (Domestic Relations) of the Pennsylvania
2Consolidated Statutes, in adoption, further providing for
3home study and preplacement report, for report of intention
4to adopt, for report of intermediary, for exhibits, for
5investigation, for contents of petition for adoption, for
6exhibits and for time of entry of decree of adoption.

7The General Assembly of the Commonwealth of Pennsylvania
8hereby enacts as follows:

9Section 1. Sections 2530(a) and (c) and 2531(b)(3) and (4)
10of Title 23 of the Pennsylvania Consolidated Statutes are
11amended to read:

12§ 2530. Home study and preplacement report.

13(a) General rule.--[No intermediary shall place a child] A 
14child shall not be placed in the physical care or custody of a
15prospective adoptive parent or parents unless a home study
16containing a favorable recommendation for placement of a child
17with the prospective parent or parents has been completed within
18three years prior thereto and which has been supplemented within
19one year prior thereto. The home study shall be conducted by a
20local public child-care agency, an adoption agency or a licensed

1social worker designated by the court to perform such study.

2* * *

3(c) Interim placement.--Where a home study required under
4this section is in process, but not yet completed, [an
5intermediary may place] a child may be placed in the physical
6care or custody of a prospective adoptive parent or parents if
7all of the following conditions are met:

8(1) [The intermediary has] There is no reason to believe
9that the prospective adoptive parent or parents would not
10receive a favorable recommendation for placement as a result
11of the home study.

12(2) The individual or agency conducting the home study
13assents to the interim placement.

14(3) The [intermediary immediately notifies the] court is 
15immediately notified of the interim placement and the
16identity of the individual or agency conducting the home
17study. If at any time prior to the completion of the home
18study the court is notified by the individual or agency
19conducting the home study that it withdraws its assent to the
20interim placement, the court may order the placement of the
21child in temporary foster care with an agency until a
22favorable recommendation for placement is received.

23§ 2531. Report of intention to adopt.

24* * *

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

26* * *

27(3) The name and address of the intermediary, if an 
28intermediary is being utilized.

29(4) An itemized accounting of moneys and consideration
30paid or to be paid to the intermediary, if an intermediary is 

1being utilized.

2* * *

3Section 2. Sections 2533 and 2534 of Title 23 are repealed:

4[§ 2533. Report of intermediary.

5(a) General rule.--Within six months after filing the report
6of intention to adopt, the intermediary who or which arranged
7the adoption placement of any child under the age of 18 years
8shall make a written report under oath to the court in which the
9petition for adoption will be filed and shall thereupon
10forthwith notify in writing the adopting parent or parents of
11the fact that the report has been filed and the date thereof.

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

13(1) The name and address of the intermediary.

14(2) The name, sex, racial background, age, date and
15place of birth and religious affiliation of the child.

16(3) The date of the placement of the child with the
17adopting parent or parents.

18(4) The name, racial background, age, marital status as
19of the time of birth of the child and during one year prior
20thereto, and religious affiliation of the parents of the
21child.

22(5) Identification of proceedings in which any decree of
23termination of parental rights, or parental rights and
24duties, with respect to the child was entered.

25(6) The residence of the parents or parent of the child,
26if there has been no such decree of termination.

27(7) A statement that all consents required by section
282711 (relating to consents necessary to adoption) are
29attached as exhibits or the basis upon which the consents are
30not required.

1(8) An itemized accounting of moneys and consideration
2paid or to be paid to or received by the intermediary or to
3or by any other person or persons to the knowledge of the
4intermediary by reason of the adoption placement.

5(9) A full description and statement of the value of all
6property owned or possessed by the child.

7(10) A statement that no provision of any statute
8regulating the interstate placement of children has been
9violated with respect to the placement of the child.

10(11) If no birth certificate or certification of
11registration of birth can be obtained, a statement of the
12reason therefor.

13(12) A statement that medical history information was
14obtained and if not obtained, a statement of the reason
15therefor.

16(c) Appropriate relief.--The court may provide appropriate
17relief where it finds that the moneys or consideration reported
18or reportable pursuant to subsection (b)(8) are excessive.

19(d) Permissible reimbursement of expenses.--Payments made by
20the adoptive parents to an intermediary or a third party for
21reimbursement of the following expenses, calculated without
22regard to the income of the adoptive parents, are permissible
23and are not in violation of 18 Pa.C.S. § 4305 (relating to
24dealing in infant children):

25(1) Medical and hospital expenses incurred by the
26natural mother for prenatal care and those medical and
27hospital expenses incurred by the natural mother and child
28incident to birth.

29(2) Medical, hospital and foster care expenses incurred
30on behalf of the child prior to the decree of adoption.

1(3) Reasonable expenses incurred by the agency or a
2third party for adjustment counseling and training services
3provided to the adoptive parents and for home studies or
4investigations.

5(4) Reasonable administrative expenses incurred by the
6agency, to include overhead costs and attorney fees.

7§ 2534. Exhibits.

8The report of the intermediary shall have attached to it the
9following exhibits:

10(1) A birth certificate or certification of registration
11of birth of the child if it can be obtained.

12(2) All consents to adoption required by section 2711
13(relating to consents necessary to adoption).

14(3) A certified copy of any decree of termination of
15parental rights or parental rights and duties made by a court
16other than the court in which the petition for adoption will
17be filed.]

18Section 3. Sections 2535(a), 2701, 2702 and 2901 of Title 23
19are amended to read:

20§ 2535. Investigation.

21(a) General rule.--When a report required by section 2531
22(relating to report of intention to adopt) has been filed, the
23court shall cause an investigation to be made and a report filed
24by a local public child care agency, a voluntary child care
25agency with its consent or an appropriate person designated by
26the court. In lieu of the investigation, the court may accept an
27investigation made by the agency which placed the child [and the
28report of investigation in such cases may be incorporated into
29the report of the intermediary required by section 2533
30(relating to report of intermediary)].

1* * *

2§ 2701. Contents of petition for adoption.

3A petition for adoption shall set forth:

4(1) The full name, residence, marital status, age,
5occupation, religious affiliation and racial background of
6the adopting parent or parents and their relationship, if
7any, to the adoptee.

8(2) That the reports under sections 2530 (relating to
9home study and preplacement report)[,] and 2531 (relating to
10report of intention to adopt) [and 2533 (relating to report
11of intermediary)] have been filed, if required.

12(3) The name and address of the intermediary, if any.

13(4) The full name, sex, racial background, age, date and 
14place of birth, religious affiliation of the adoptee and the
15fact and length of time of the residence of the adoptee with
16the adopting parent or parents.

17(5) [If there is no intermediary or if no report of the
18intermediary has been filed or if the adoptee is over the age
19of 18 years, all vital statistics and other information
20enumerated and required to be stated of record by section
212533, so far as applicable.] The name, racial background, 
22age, marital status as of the time of birth of the child and 
23during one year prior to the birth of the child, and 
24religious affiliation of the parents of the child.

25(6) If a change in name of the adoptee is desired, the
26new name.

27(7) That all consents required by section 2711 (relating
28to consents necessary to adoption) are attached as exhibits
29or the basis upon which such consents are not required.

30(8) That it is the desire of the petitioner or the

1petitioners that the relationship of parent and child be
2established between the petitioner or petitioners and the
3adoptee.

4(9) If no birth certificate or certification of
5registration of birth can be obtained, a statement of the
6reason therefor and an allegation of the efforts made to
7obtain the certificate with a request that the court
8establish a date and place of birth at the adoption hearing
9on the basis of the evidence presented.

10(10) A statement that medical history information was
11obtained and, if not obtained, a statement of the reason
12therefor.

13(11) A statement that no provision of any statute
14regulating the interstate placement of children has been
15violated with respect to the placement of the child.

16§ 2702. Exhibits.

17The petition shall have attached to it the following
18exhibits:

19(1) The consent or consents required by section 2711
20(relating to consents necessary to adoption).

21[(2) If not already filed with a report of an
22intermediary, the exhibits enumerated in section 2534
23(relating to exhibits).]

24(3) A birth certificate or certification of registration
25of birth of the child if it can be obtained.

26(4) A certified copy of any decree of termination of
27parental rights or parental rights and duties made by a court
28other than the court in which the petition for adoption will
29be filed.

30(5) A full description and statement of the value of all

1property owned or possessed by the child.

2§ 2901. Time of entry of decree of adoption.

3Unless the court for cause shown determines otherwise, no
4decree of adoption shall be entered unless the natural parent or
5parents' rights have been terminated, the investigation required
6by section 2535 (relating to investigation) has been completed[,
7the report of the intermediary has been filed pursuant to
8section 2533 (relating to report of intermediary)] and all other
9legal requirements have been met. If all legal requirements have
10been met, the court may enter a decree of adoption at any time.

11Section 4. This act shall take effect in 60 days.