1Amending Title 23 (Domestic Relations) of the Pennsylvania
2Consolidated Statutes, in adoption, further providing for
3counseling; and providing for adoption-related counseling
4services.

5The General Assembly of the Commonwealth of Pennsylvania
6hereby enacts as follows:

7Section 1. Section 2505 of Title 23 of the Pennsylvania
8Consolidated Statutes is repealed:

9[§ 2505. Counseling.

10(a) List of counselors.--Any hospital or other facility
11providing maternity care shall provide a list of available
12counselors and counseling services compiled pursuant to
13subsection (b) to its maternity patients who are known to be
14considering relinquishment or termination of parental rights
15pursuant to this part. The patient shall sign an acknowledgment
16of receipt of such list prior to discharge, a copy of which
17receipt shall be provided to the patient.

18(b) Compilation of list.--The court shall compile a list of
19qualified counselors and counseling services (including all

1adoption agencies) which are available to counsel natural
2parents within the county who are contemplating relinquishment
3or termination of parental rights pursuant to this part. Such
4list shall be distributed to every agency, hospital or other
5facility providing maternity care within the county and shall be
6made available upon request to any intermediary or licensed
7health care professional.

8(c) Court referral.--Prior to entering a decree of
9termination of parental rights pursuant to section 2503
10(relating to hearing) or 2504 (relating to alternative procedure
11for relinquishment), if the parent whose rights are to be
12terminated is present in court, the court shall inquire whether
13he or she has received counseling concerning the termination and
14the alternatives thereto from an agency or from a qualified
15counselor listed by a court pursuant to subsection (b). If the
16parent has not received such counseling, the court may, with the
17parent's consent, refer the parent to an agency or qualified
18counselor listed by a court pursuant to subsection (b) for the
19purpose of receiving such counseling. In no event shall the
20court delay the completion of any hearing pursuant to section
212503 or 2504 for more than 15 days in order to provide for such
22counseling.

23(d) Application for counseling.--Any parent who has filed a
24petition to relinquish his or her parental rights, or has
25executed a consent to adoption, and is in need of counseling
26concerning the relinquishment or consent, and the alternatives
27thereto, may apply to the court for referral to an agency or
28qualified counselor listed by a court pursuant to subsection (b)
29for the purpose of receiving such counseling. The court, in its
30discretion, may make such a referral where it is satisfied that

1this counseling would be of benefit to the parent.

2(e) Counseling fund.--Except as hereinafter provided, each
3report of intention to adopt filed pursuant to section 2531
4(relating to report of intention to adopt) shall be accompanied
5by a filing fee in the amount of $75 which shall be paid into a
6segregated fund established by the county. The county may also
7make supplemental appropriations to the fund. All costs of
8counseling provided pursuant to subsection (c) or (d) to
9individuals who are unable to pay for such counseling shall be
10paid from the fund. No filing fee may be exacted under this
11subsection with respect to the adoption of a special needs child
12who would be eligible for adoption assistance pursuant to
13regulations promulgated by the Department of Public Welfare. In
14addition, the court may reduce or waive the fee in cases of
15demonstrated financial hardship.]

16Section 2. Title 23 is amended by adding a section to read:

17§ 2505.1. Adoption-related counseling services.

18(a) Purpose of counseling.--Counseling under this section
19shall provide a birth parent with assistance in understanding
20the adoption process, the birth parent's rights and obligations,
21the consequences of a decision to relinquish parental rights and
22the alternatives to relinquishment and adoption.

23(b) Right to counseling.--A parent or presumptive father,
24putative father or an agency or attorney acting on behalf of the
25parent, who is unable to pay for the counseling or who will
26experience substantial financial hardship as a result of payment
27may apply for counseling under this section, if the individual:

28(1) is considering relinquishing parental rights with
29respect to a child or placing a child for adoption; or

30(2) has relinquished parental rights with respect to a

1child or placed a child for adoption.

2(c) Compilation of list.--Each county shall compile a list
3of qualified counselors and counseling service providers,
4including agencies, which are available within the county and
5surrounding area to provide counseling under this section.

6(d) Distribution of list.--

7(1) Each county shall provide the list compiled under
8subsection (c) to the following:

9(i) Each agency within the county.

10(ii) Each health care provider of obstetrical or
11maternity care within the county.

12(iii) Any person upon request.

13(2) An agency or a health care provider of obstetrical
14or maternity care that receives the list compiled under
15subsection (c) shall provide the list to any individual it
16knows is considering relinquishing parental rights with
17respect to a child or placing a child for adoption.

18(e) Notice of availability of list.--The Department of
19Public Welfare shall provide notice of the availability of the
20list compiled under subsection (c) to any person filing either
21an acknowledgment of paternity or a claim of paternity under
22section 5103 (relating to acknowledgment and claim of
23paternity).

24(f) Referral for counseling.--

25(1) If a parent decides to receive counseling, the
26parent shall contact the county for a referral authorizing
27counseling.

28(2) The county shall provide the parent with a referral
29within three days of receiving the request.

30(3) The county shall advise the parent of the procedures

1to obtain counseling services.

2(g) Counseling fund.--Each county shall establish a separate
3fund to pay for adoption-related counseling services under this
4section. The source of the counseling fund shall be the fee
5collected under subsection (h). The county may make supplemental
6appropriations to the counseling fund.

7(h) Filing fee.--

8(1) Each report of intention to adopt filed pursuant to
9section 2531 (relating to report of intention to adopt) shall
10be accompanied by a filing fee in the amount of $75, which
11shall be transferred to the county and deposited into the
12counseling fund required under subsection (g). All costs of
13counseling services provided to individuals who are unable to
14pay for those services shall be paid from the fund.

15(2) No filing fee may be required under this subsection
16with respect to the adoption of a special needs child who
17would be eligible for adoption assistance pursuant to
18regulations promulgated by the department.

19(3) The court may reduce or waive the filing fee in
20cases of demonstrated financial hardship.

21(i) Additional counseling.--The frequency of adoption-
22related counseling services shall be determined by the county in
23accordance with regulations promulgated by the department that
24take into account the needs of the parent.

25(j) Designation by county.--Each county shall designate an
26agency within the county to implement the provisions of this
27section.

28Section 3. This act shall take effect in 60 days.