PRIOR PRINTER'S NO. 3625 PRINTER'S NO. 3959
No. 2463 Session of 2008
INTRODUCED BY SONNEY, CAPPELLI, CREIGHTON, DENLINGER, FRANKEL,
HENNESSEY, HERSHEY, MILLARD, R. MILLER, RAPP, YOUNGBLOOD,
GEIST AND GINGRICH, APRIL 15, 2008
AS REPORTED FROM COMMITTEE ON HEALTH AND HUMAN SERVICES, HOUSE
OF REPRESENTATIVES, AS AMENDED, JUNE 17, 2008
AN ACT
1 Amending Title 23 (Domestic Relations) of the Pennsylvania
2 Consolidated Statutes, in adoption, providing for records and <--
3 information; and establishing an information registry.
4 FURTHER PROVIDING FOR IMPOUNDING OF PROCEEDINGS AND ACCESS TO <--
5 RECORDS.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Title 23 of the Pennsylvania Consolidated <--
9 Statutes is amended by adding a chapter to read:
10 CHAPTER 30
11 RECORDS AND ACCESS TO INFORMATION
12 Subchapter
13 A. General Provisions
14 B. Information Registry
15 SUBCHAPTER A
16 GENERAL PROVISIONS
17 Sec.
18 3001. Definitions.
1 § 3001. Definitions.
2 The following words and phrases when used in this chapter
3 shall have the meanings given to them in this section unless the
4 context clearly indicates otherwise:
5 "Department." The Department of Public Welfare of the
6 Commonwealth.
7 "Registry." The information registry established under
8 section 3011 (relating to establishment of registry).
9 SUBCHAPTER B
10 INFORMATION REGISTRY
11 Sec.
12 3011. Establishment of registry.
13 3012. Informational material.
14 3013. Filing information with registry.
15 3014. Who may request information from registry.
16 3015. Providing information from registry.
17 3016. Rules and regulations.
18 § 3011. Establishment of registry.
19 The department shall do all of the following:
20 (1) Establish a Statewide confidential registry for the
21 receipt, filing and retention of medical and social history
22 information and authorization forms for all adoptions
23 finalized or registered in this Commonwealth.
24 (2) Prescribe and distribute forms on which an adoptee,
25 an adoptive parent and a birth parent may:
26 (i) request identifying information or contact;
27 (ii) authorize or refuse to authorize the release of
28 identifying information or contact; and
29 (iii) file and update information with the registry.
30 (3) Retain information filed with the registry as a
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1 permanent record.
2 (4) Disseminate the information pursuant to the
3 requirements of this subchapter.
4 § 3012. Informational material.
5 The department shall publicize the availability of the
6 registry and the manner in which information may be filed with
7 and obtained from the registry.
8 § 3013. Filing information with registry.
9 An adoptee, an adoptive parent and a birth parent may at any
10 time file and update medical and social history information with
11 the registry on a form developed by the department.
12 § 3014. Who may request information from registry.
13 The following individuals may request information from the
14 registry:
15 (1) An adoptee who is 18 years of age or older.
16 (2) An adoptive parent of an adoptee who is under 18
17 years of age, adjudicated incapacitated or deceased.
18 (3) A legal guardian of an adoptee who is under 18 years
19 of age or adjudicated incapacitated.
20 (4) A descendant of a deceased adoptee.
21 (5) The birth parent of an adoptee 21 years of age or
22 older.
23 (6) A parent of a birth parent of an adoptee who is 21
24 years of age or older if that birth parent consents, is
25 adjudicated incapacitated or is deceased.
26 (7) A birth sibling of an adoptee if both the birth
27 sibling and adoptee are 21 years of age or older and:
28 (i) the birth sibling remained in the custody of the
29 birth parent and the birth parent consents, is deceased
30 or adjudicated incapacitated;
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1 (ii) both the birth sibling and adoptee were adopted
2 out of the same birth family; or
3 (iii) the birth sibling was not adopted out of the
4 birth family but did not remain in the custody of the
5 birth parent.
6 § 3015. Providing information from registry.
7 (a) Nonidentifying information.--Nonidentifying information,
8 if available, shall be provided to the requester within 30 days
9 of the request.
10 (b) Identifying information.--
11 (1) If an authorization form is on file, the department
12 shall notify the requester within 30 days of the request
13 whether information may be released.
14 (2) If there is no authorization on file, the department
15 shall designate an authorized representative to:
16 (i) use reasonable efforts to locate the subject of
17 the request, including, but not limited to, contacting
18 the Department of Health, Division of Vital Statistics;
19 and
20 (ii) if the subject of the search is located, obtain
21 written authorization from the subject before any
22 information is released.
23 (c) Editing information.--Before the release of information
24 from the registry, the department shall remove any identifying
25 information unless authorized in writing by the subject of the
26 information to release the identifying information.
27 § 3016. Rules and regulations.
28 The department shall promulgate rules and regulations
29 necessary to implement this subchapter.
30 Section 2. This act shall apply as follows:
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1 (1) This act shall apply to all proceedings for the
2 termination of parental rights initiated on or after the
3 effective date of this section.
4 (2) This act shall apply to all adoption proceedings
5 initiated on or after the effective date of this section.
6 SECTION 1. SECTION 2905 OF TITLE 23 OF THE PENNSYLVANIA <--
7 CONSOLIDATED STATUTES IS AMENDED TO READ:
8 § 2905. IMPOUNDING OF PROCEEDINGS AND ACCESS TO RECORDS.
9 (A) GENERAL RULE.--ALL PETITIONS, EXHIBITS, REPORTS, NOTES
10 OF TESTIMONY, DECREES, AND OTHER PAPERS PERTAINING TO ANY
11 PROCEEDING UNDER THIS PART OR FORMER STATUTES RELATING TO
12 ADOPTION SHALL BE KEPT IN THE FILES OF THE COURT AS A PERMANENT
13 RECORD THEREOF AND WITHHELD FROM INSPECTION EXCEPT ON AN ORDER
14 OF COURT GRANTED UPON CAUSE SHOWN OR EXCEPT AS OTHERWISE
15 PROVIDED IN THIS SECTION. IN THE CASE OF AN ADULT ADOPTEE WHO IS
16 ASSUMING A NAME UNDER SECTION 2904 (RELATING TO NAME OF
17 ADOPTEE), AN ORDER OF COURT IS NOT REQUIRED FOR THE COURT TO
18 FORWARD TO THE PENNSYLVANIA STATE POLICE DOCUMENTATION IN
19 ACCORDANCE WITH 54 PA.C.S. § 702 (RELATING TO CHANGE BY ORDER OF
20 COURT). ANY REPORT REQUIRED TO BE FILED UNDER SECTIONS 2530
21 (RELATING TO HOME STUDY AND PREPLACEMENT REPORT), 2531 (RELATING
22 TO REPORT OF INTENTION TO ADOPT) AND 2535 (RELATING TO
23 INVESTIGATION) SHALL BE MADE AVAILABLE TO PARTIES TO AN ADOPTION
24 PROCEEDING ONLY AFTER ALL IDENTIFYING NAMES AND ADDRESSES IN THE
25 REPORT HAVE BEEN EXTIRPATED BY THE COURT.
26 (B) PETITION TO COURT FOR LIMITED INFORMATION.--UPON
27 PETITION BY ANY ADOPTEE AT LEAST 18 YEARS OF AGE OR, IF LESS
28 THAN 18, HIS ADOPTIVE PARENT OR LEGAL GUARDIAN TO THE COURT IN
29 THE JUDICIAL DISTRICT IN WHICH THE PERMANENT RECORDS RELATING TO
30 THE ADOPTION HAVE BEEN IMPOUNDED, THE COURT SHALL FURNISH TO THE
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1 ADOPTEE AS MUCH INFORMATION CONCERNING THE ADOPTEE'S NATURAL
2 PARENTS OR SIBLINGS AS WILL NOT ENDANGER THE ANONYMITY OF THE
3 NATURAL PARENTS OR SIBLINGS. THE INFORMATION SHALL FIRST BE
4 REVIEWED, IN CAMERA, BY THE COURT TO INSURE THAT NO INFORMATION
5 IS REVEALED WHICH WOULD ENDANGER THE ANONYMITY OF THE NATURAL
6 PARENTS OR SIBLINGS. THE COURT SHALL, UPON MOTION OF THE
7 ADOPTEE, EXAMINE THE ENTIRE RECORD TO DETERMINE IF ANY
8 ADDITIONAL INFORMATION CAN SAFELY BE REVEALED WITHOUT
9 ENDANGERING THE ANONYMITY OF THE NATURAL PARENTS OR SIBLINGS.
10 (C) ACCESS TO IDENTITY OF NATURAL PARENTS OR SIBLINGS.--
11 (1) UPON PETITION OF AN ADOPTEE AT LEAST 18 YEARS OF AGE
12 OR, IF LESS THAN 18, HIS ADOPTIVE PARENT OR LEGAL GUARDIAN,
13 THE COURT MAY ALSO, THROUGH ITS DESIGNATED AGENT, ATTEMPT TO
14 CONTACT THE NATURAL PARENTS OR SIBLINGS, IF KNOWN, TO OBTAIN
15 THEIR CONSENT TO RELEASE THEIR IDENTITY AND PRESENT PLACE OF
16 RESIDENCE TO THE ADOPTEE. IF THE SIBLINGS ARE UNDER 18 YEARS
17 OF AGE, CONSENT TO RELEASE THEIR IDENTITY AND PRESENT PLACE
18 OF RESIDENCE TO THE ADOPTEE MUST BE GIVEN BY THE SIBLINGS'
19 LEGAL PARENTS. IF THE SIBLINGS ARE 18 YEARS OF AGE OR OLDER,
20 THE COURT OR DESIGNATED AGENT MAY CONTACT THE SIBLINGS
21 DIRECTLY TO REQUEST CONSENT. THE PETITION MAY STATE THE
22 REASONS WHY THE ADOPTEE DESIRES TO CONTACT HIS NATURAL
23 PARENTS OR SIBLINGS, WHICH REASONS SHALL BE DISCLOSED TO THE
24 NATURAL PARENTS OR SIBLINGS IF CONTACTED. HOWEVER, THE COURT
25 AND ITS AGENTS SHALL TAKE CARE THAT NONE BUT THE NATURAL
26 PARENTS OR SIBLINGS THEMSELVES ARE INFORMED OF THE ADOPTEE'S
27 EXISTENCE AND RELATIONSHIP TO THEM. THE COURT MAY REFUSE TO
28 CONTACT THE NATURAL PARENTS OR SIBLINGS IF IT BELIEVES THAT,
29 UNDER THE CIRCUMSTANCES, THERE WOULD BE A SUBSTANTIAL RISK
30 THAT PERSONS OTHER THAN THE NATURAL PARENTS OR SIBLINGS WOULD
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1 LEARN OF THE ADOPTEE'S EXISTENCE AND RELATIONSHIP TO THE
2 NATURAL PARENTS OR SIBLINGS. THE COURT SHALL APPOINT EITHER
3 THE COUNTY CHILDREN AND YOUTH AGENCY, OR A PRIVATE AGENCY
4 WHICH PROVIDES ADOPTION SERVICES IN ACCORDANCE WITH STANDARDS
5 ESTABLISHED BY THE DEPARTMENT OF PUBLIC WELFARE, TO CONTACT
6 THE NATURAL PARENTS OR SIBLINGS AS ITS DESIGNATED AGENT.
7 (2) IN ADDITION TO PETITIONING THE COURT TO CONTACT THE
8 NATURAL PARENTS OR SIBLINGS, AN ADOPTEE AT LEAST 18 YEARS OF
9 AGE OR, IF LESS THAN 18, HIS ADOPTIVE PARENT OR LEGAL
10 GUARDIAN MAY REQUEST THE AGENCY THAT PLACED THE ADOPTEE TO
11 CONTACT HIS NATURAL PARENTS OR SIBLINGS. IF THE AGENCY AGREES
12 TO ATTEMPT TO CONTACT THE NATURAL PARENTS OR SIBLINGS, IT
13 SHALL DO SO PURSUANT TO THE SAME SAFEGUARDS PROVIDED FOR
14 COURT INQUIRIES IN PARAGRAPH (1).
15 (3) IF THE COURT OR AN AGENCY CONTACTS THE NATURAL
16 PARENTS OF AN ADOPTEE PURSUANT TO A PETITION OR REQUEST MADE
17 UNDER PARAGRAPH (1) OR (2), EXCEPT AS HEREINAFTER PROVIDED,
18 INFORMATION RELATING TO BOTH NATURAL PARENTS SHALL ONLY BE
19 DISCLOSED TO THE ADOPTEE IF BOTH NATURAL PARENTS AGREE TO THE
20 DISCLOSURE. IF BOTH OF THE NATURAL PARENTS ARE DECEASED,
21 THEIR IDENTITIES MAY BE DISCLOSED. IF ONE PARENT IS DECEASED,
22 HIS OR HER IDENTITY MAY BE DISCLOSED. IF ONLY ONE PARENT
23 AGREES TO THE DISCLOSURE, THEN ONLY THE INFORMATION RELATING
24 TO THE AGREEING PARENT SHALL BE DISCLOSED.
25 (3.1) IF THE COURT OR AN AGENCY CONTACTS A SIBLING OF AN
26 ADOPTEE PURSUANT TO A PETITION OR REQUEST MADE UNDER
27 PARAGRAPH (1) OR (2), EXCEPT AS PROVIDED IN THIS PARAGRAPH,
28 INFORMATION RELATING TO THE SIBLING SHALL ONLY BE DISCLOSED
29 TO THE ADOPTEE IF THE SIBLING AGREES TO THE DISCLOSURE. IF
30 THE SIBLING IS DECEASED, THE SIBLING'S IDENTITY MAY BE
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1 DISCLOSED.
2 (4) THE DEPARTMENT OF PUBLIC WELFARE MAY, BY REGULATION,
3 PRESCRIBE PROCEDURES RELATED TO CONTACT OF NATURAL PARENTS OR
4 SIBLINGS BY DESIGNATED AGENTS OF THE COURT.
5 (D) DISCLOSURE OF INFORMATION.--
6 (1) NO DISCLOSURE OF INFORMATION SHALL BE MADE BY THE
7 COURT, AN AGENCY, THE DEPARTMENT OF HEALTH OR ANY OTHER
8 COMMONWEALTH AGENCY REGARDING THE ADOPTED PERSON'S ORIGINAL
9 CERTIFICATE OF BIRTH OR REGARDING THE DOCUMENTS OF PROOF ON
10 WHICH THE AMENDED CERTIFICATE OF BIRTH IS BASED OR RELATING
11 IN ANY WAY TO THE NATURAL PARENTS UNLESS THE DISCLOSURE IS
12 MADE PURSUANT TO THE PROVISIONS OF THIS SECTION.
13 (2) NOTWITHSTANDING ANY OTHER PROVISION IN THIS SECTION
14 TO THE CONTRARY, THE NATURAL PARENTS MAY, AT THE TIME OF THE
15 TERMINATION OF THEIR PARENTAL RIGHTS PURSUANT TO CHAPTER 25
16 (RELATING TO PROCEEDINGS PRIOR TO PETITION TO ADOPT) OR AT
17 ANY TIME THEREAFTER, PLACE ON FILE, WITH THE COURT AND WITH
18 THE DEPARTMENT OF HEALTH, A CONSENT FORM GRANTING PERMISSION
19 FOR THE COURT OR THE DEPARTMENT TO DISCLOSE THE INFORMATION
20 CONTAINED IN THE ADOPTEE'S ORIGINAL CERTIFICATE OF BIRTH, OR
21 ANY OTHER IDENTIFYING OR NONIDENTIFYING INFORMATION
22 PERTAINING TO THE NATURAL PARENTS, AT ANY TIME AFTER THE
23 ADOPTEE ATTAINS THE AGE OF 18 OR, IF LESS THAN 18, TO HIS
24 ADOPTIVE PARENT OR LEGAL GUARDIAN. IF BOTH PARENTS GIVE THEIR
25 CONSENT, THE INFORMATION ON THE BIRTH CERTIFICATE MAY BE
26 DISCLOSED. IF ONLY ONE PARENT GIVES CONSENT, ONLY THE
27 IDENTITY OF THE CONSENTING PARENT SHALL BE DISCLOSED. THE
28 NATURAL PARENTS SHALL BE ENTITLED TO UPDATE THOSE RECORDS, AS
29 NECESSARY, TO REFLECT THE NATURAL PARENT'S CURRENT ADDRESS OR
30 ANY OTHER INFORMATION PERTAINING TO THE NATURAL PARENTS. THE
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1 INFORMATION MAY ONLY BE DISCLOSED UPON THE REQUEST OF THE
2 ADOPTEE OR HIS ADOPTIVE PARENT OR LEGAL GUARDIAN, AND THE
3 CONSENT OF THE NATURAL PARENTS MAY BE WITHDRAWN AT ANY TIME
4 BY FILING A WITHDRAWAL OF CONSENT FORM WITH THE COURT AND THE
5 DEPARTMENT. THE DEPARTMENT SHALL PRESCRIBE BY REGULATION THE
6 PROCEDURE AND FORMS TO BE UTILIZED FOR THE GIVING, UPDATING
7 AND WITHDRAWAL OF THE CONSENT.
8 (2.1) NOTWITHSTANDING ANY OTHER PROVISION IN THIS
9 SECTION TO THE CONTRARY, A SIBLING WHO HAS ATTAINED THE AGE
10 OF 18 MAY PLACE ON FILE WITH THE COURT AND THE DEPARTMENT OF
11 HEALTH A CONSENT FORM GRANTING PERMISSION FOR THE COURT OR
12 THE DEPARTMENT TO DISCLOSE IDENTIFYING OR NONIDENTIFYING
13 INFORMATION PERTAINING TO THAT SIBLING, AT ANY TIME TO THE
14 ADOPTEE WHO HAS ATTAINED THE AGE OF 18 OR TO THE ADOPTEE'S
15 PARENT OR LEGAL GUARDIAN, IF THE ADOPTEE IS LESS THAN 18
16 YEARS OF AGE. THE PLACEMENT OF THIS CONSENT FORM MAY BE DONE
17 AT THE TIME OF THE TERMINATION OF THE PARENTAL RIGHTS OF THE
18 NATURAL PARENTS PURSUANT TO CHAPTER 25 (RELATING TO
19 PROCEEDINGS PRIOR TO PETITION TO ADOPT) OR AT ANY TIME
20 THEREAFTER. THE SIBLING SHALL BE ENTITLED TO UPDATE THE
21 RECORDS AS NECESSARY. THE INFORMATION MAY ONLY BE DISCLOSED
22 UPON REQUEST OF THE ADOPTEE OR THE ADOPTEE'S ADOPTIVE PARENT
23 OR LEGAL GUARDIAN. THE CONSENT OF THE SIBLING MAY BE
24 WITHDRAWN AT ANY TIME BY FILING A WITHDRAWAL OF CONSENT FORM
25 WITH THE COURT AND THE DEPARTMENT. THE DEPARTMENT SHALL
26 PRESCRIBE BY REGULATION THE PROCEDURE AND FORMS TO BE
27 UTILIZED FOR THE GIVING, UPDATING AND WITHDRAWAL OF THE
28 CONSENT.
29 (3) AN ADOPTEE AT LEAST 18 YEARS OF AGE OR, IF LESS THAN
30 18 YEARS OF AGE, THE PARENT OR LEGAL GUARDIAN OF THE ADOPTEE
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1 OR SIBLING WHO IS AT LEAST 18 YEARS OF AGE SHALL HAVE ACCESS
2 TO ANY ORIGINAL OR UPDATED MEDICAL HISTORY INFORMATION ON
3 FILE WITH THE COURT WHICH ENTERED THE DECREE OF TERMINATION
4 OR THE DEPARTMENT OF PUBLIC WELFARE. NO MEDICAL HISTORY
5 INFORMATION SHALL BE RELEASED WHICH WOULD ENDANGER THE
6 ANONYMITY OF THE NATURAL PARENTS OR SIBLINGS.
7 Section 3 2. This act shall take effect in six months. <--
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