PRIOR PRINTER'S NO. 2806 PRINTER'S NO. 3016
No. 2133 Session of 1989
INTRODUCED BY HAGARTY, CALTAGIRONE, HECKLER, HAYDEN, McVERRY, KOSINSKI, REBER, MAINE, FARMER, LASHINGER, SAURMAN, NAHILL, FOX, BUNT, JAROLIN, HERMAN, CHADWICK, GODSHALL, DEMPSEY, G. SNYDER, NOYE, BUSH, BURD, J. L. WRIGHT, PESCI, KUKOVICH, O'BRIEN, S. H. SMITH, E. Z. TAYLOR, DeLUCA, VEON, BATTISTO, MELIO, PITTS, CLYMER, MORRIS, LINTON, FLEAGLE, LAUGHLIN, COWELL, MARSICO, GRUPPO, LEE, HALUSKA, RAYMOND, NAILOR, FREIND, McHALE AND KASUNIC, NOVEMBER 29, 1989
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF REPRESENTATIVES, AS AMENDED, JANUARY 30, 1990
AN ACT 1 Amending Title 23 (Domestic Relations) of the Pennsylvania 2 Consolidated Statutes, adding a definition of "newborn 3 child"; further providing for notice of hearings; providing 4 for confidentiality for adoptive parents; providing for the 5 furnishing of counseling to parents whose parental rights are 6 being relinquished; further providing for involuntary 7 termination of parental rights; providing for preplacement 8 investigations and reports; further providing for the 9 contents of reports of intention to adopt; and further 10 providing for preference as to religious upbringing of an 11 adopted child. 12 The General Assembly of the Commonwealth of Pennsylvania 13 hereby enacts as follows: 14 Section 1. Section 2102 of Title 23 of the Pennsylvania 15 Consolidated Statutes is amended by adding a definition to read: 16 § 2102. Definitions. 17 The following words and phrases when used in this part shall 18 have, unless the context clearly indicates otherwise, the 19 meanings given to them in this section:
1 * * * 2 "Newborn child." A child who is six months of age or younger 3 at the time of the filing of any petition pursuant to Chapter 25 4 (relating to proceedings prior to petition to adopt). 5 * * * 6 Section 2. Sections 2503 and 2504 of Title 23 are amended to 7 read: 8 § 2503. Hearing. 9 (a) General rule.--Upon presentation of a petition prepared 10 pursuant to section 2501 (relating to relinquishment to agency) 11 or section 2502 (relating to relinquishment to adult intending 12 to adopt child), the court shall fix a time for hearing which 13 shall not be less than ten days after filing of the petition. 14 The petitioner must appear at the hearing. 15 (b) Notice.--[Notice to the petitioner shall be in the form 16 provided in section 2513(b) (relating to hearing). Notice] At 17 least ten days' notice of the hearing shall be given to the 18 petitioner, and a copy of the notice shall be given to the other 19 parent, [to the putative father whose parental rights could be 20 terminated pursuant to subsection (d)] and to the parents or 21 guardian of a petitioner who has not reached 18 years of age. 22 The notice shall state the following: 23 To: (insert petitioner's name) 24 A petition has been filed asking the court to put an end 25 to all rights you have to your child (insert name of child). 26 The court has set a hearing to consider ending your rights to 27 your child. That hearing will be held in (insert place, 28 giving reference to exact room and building number or 29 designation) on (insert date) at (insert time). Your presence 30 is required at the hearing. You have a right to be 19890H2133B3016 - 2 -
1 represented at the hearing by a lawyer. You should take this 2 paper to your lawyer at once. If you do not have a lawyer or 3 cannot afford one, go to or telephone the office set forth 4 below to find out where you can get legal help. 5 (Name).................... 6 (Address)................. 7 .......................... 8 (Telephone number)........ 9 (c) Decree.--After hearing, which shall be private, the 10 court may enter a decree of termination of parental rights in 11 the case of their relinquishment to an adult or a decree of 12 termination of parental rights and duties, including the 13 obligation of support, in the case of their relinquishment to an 14 agency. 15 (d) [Putative father.--If a putative father will not file a 16 petition to voluntarily relinquish his parental rights pursuant 17 to section 2501 (relating to relinquishment to agency) or 2502 18 (relating to relinquishment to adult intending to adopt child) 19 and has not filed an acknowledgment of paternity or claim of 20 paternity pursuant to section 8302 (relating to acknowledgment 21 of paternity) or 8303 (relating to claim of paternity), the 22 court may enter a decree terminating the parental rights of the 23 putative father pursuant to subsection (c).] Right to file 24 personal information.--At the time the decree of termination is 25 transmitted to the petitioner, the court shall advise the 26 petitioner, in writing, of his or her right to place personal 27 information on file with the Department of Health pursuant to 28 section 2905(d) (relating to impounding of proceedings and 29 access to records). 30 § 2504. Alternative procedure for relinquishment. 19890H2133B3016 - 3 -
1 (a) Petition to confirm consent to adoption.--If the parent 2 or parents of the child have executed consents to an adoption as 3 required by section 2711 (relating to consents necessary to 4 adoption) but have failed for a period of 40 days after 5 executing the consent to file or proceed with the petition for 6 voluntary relinquishment of parental rights provided for in this 7 subchapter, the intermediary may petition the court to hold a 8 hearing for the purpose of confirming the intention of the 9 parent or parents to voluntarily relinquish their rights and 10 duties as evidenced by the consent or consents to the adoption, 11 the original of which shall be attached to the petition. In the 12 case where there is no intermediary, the adoptive parent or 13 parents may file the petition. 14 (b) Hearing.--Upon presentation of a petition filed pursuant 15 to this section, the court shall fix a time for a hearing which 16 shall not be less than ten days after filing of the petition. 17 Notice of the hearing shall be by personal service or by 18 registered mail or by such other means as the court may require 19 upon the consenter and shall be in the form provided in section 20 2513(b) (relating to hearing). Notice of the hearing shall be 21 given to the other parent or parents, [to the putative father 22 whose parental rights could be terminated pursuant to subsection 23 (c)] and to the parents or guardian of a consenting parent who 24 has not reached 18 years of age. After hearing, which shall be 25 private, the court may enter a decree of termination of parental 26 rights in the case of a relinquishment to an adult or a decree 27 of termination of parental rights and duties, including the 28 obligation of support, in the case of a relinquishment to an 29 agency. 30 (c) [Putative father.--If a putative father will not execute 19890H2133B3016 - 4 -
1 a consent to an adoption as required by section 2711 and has not 2 filed an acknowledgment of paternity or claim of paternity 3 pursuant to section 8302 (relating to acknowledgment of 4 paternity) or 8303 (relating to claim of paternity), the court 5 may enter a decree terminating the parental rights of the 6 putative father pursuant to subsection (b).] Right to file 7 personal information.--At the time the decree of termination is 8 transmitted to the parent, the court shall also advise, in 9 writing, the parent whose rights have been terminated of his or 10 her right to place personal information on file with the 11 Department of Health pursuant to section 2905(d) (relating to 12 impounding of proceedings and access to records). 13 Section 3. Title 23 is amended by adding a section to read: 14 § 2504.1. Confidentiality. 15 The court shall take such steps as are reasonably necessary 16 to assure that the identity of the adoptive parent or parents is 17 not disclosed without their consent in any proceeding under 18 Subchapter A (relating to voluntary relinquishment) or B 19 (relating to involuntary termination). The Supreme Court may 20 prescribe uniform rules under this section relating to such 21 confidentiality. 22 Section 4. Sections 2505, 2511 and 2513(b) of Title 23 are 23 amended to read: 24 § 2505. Counseling. 25 (a) List of counselors.--Any hospital or other facility 26 providing maternity care shall provide a list of available 27 counselors and counseling services compiled pursuant to 28 subsection (b) to its maternity patients who are known to be 29 considering relinquishment or termination of parental rights 30 pursuant to this part. The patient shall sign an acknowledgment 19890H2133B3016 - 5 -
1 of receipt of such list prior to discharge, a copy of which 2 receipt shall be provided to the patient. 3 (b) Compilation of list.--The court shall compile a list of 4 qualified counselors and counseling services (including all 5 adoption agencies) which are available to counsel natural 6 parents within the county who are contemplating relinquishment 7 or termination of parental rights pursuant to this part. Such 8 list shall be [made available upon request to any] distributed 9 to every agency, [intermediary,] hospital or other facility 10 providing maternity care[.] within the county and shall be made 11 available upon request to any intermediary or licensed health 12 care professional. 13 (c) Court referral.--Prior to entering a decree of 14 termination of parental rights pursuant to section 2503 15 (relating to hearing) or 2504 (relating to alternative procedure 16 for relinquishment), the court shall ascertain whether the 17 parent whose rights are to be terminated has received counseling 18 concerning this termination, and the alternatives thereto, <-- 19 SUFFICIENT TO INSURE THE PARENT IS MAKING AN INFORMED DECISION, 20 from an agency or from a qualified counselor listed by a court 21 pursuant to subsection (b). If the parent has not received such 22 counseling, the court may, with the parent's consent, refer the 23 parent to an agency or qualified counselor listed by a court 24 pursuant to subsection (b) for the purpose of receiving such 25 counseling. In no event shall the court delay the completion of 26 any hearing pursuant to section 2503 or 2504 for more than 15 27 days in order to provide for such counseling. 28 (d) Application for counseling.--Any parent who has filed a 29 petition to relinquish his or her parental rights, or has 30 executed a consent to adoption, and is in need of counseling 19890H2133B3016 - 6 -
1 concerning the relinquishment or consent, and the alternatives 2 thereto, may apply to the court for referral to an agency or 3 qualified counselor listed by a court pursuant to subsection (b) 4 for the purpose of receiving such counseling. The court, in its 5 discretion, may make such a referral where it is satisfied that 6 this counseling would be of benefit to the parent. 7 (e) Counseling fund.--Except as hereinafter provided, each 8 report of intention to adopt filed pursuant to section 2531 9 (relating to report of intention to adopt) shall be accompanied 10 by a filing fee in the amount of $75 which shall be paid into a 11 segregated fund established by the county. The county may also 12 make supplemental appropriations to the fund. All costs of 13 counseling provided pursuant to subsection (c) or (d) to 14 individuals who are unable to pay for such counseling shall be 15 paid from the fund. No filing fee may be exacted under this 16 subsection with respect to the adoption of a special needs child 17 who would be eligible for adoption assistance pursuant to 18 regulations promulgated by the Department of Public Welfare. In 19 addition, the court may reduce or waive the fee in cases of 20 demonstrated financial hardship. 21 § 2511. Grounds for involuntary termination. 22 (a) General rule.--The rights of a parent in regard to a 23 child may be terminated after a petition filed on any of the 24 following grounds: 25 (1) The parent by conduct continuing for a period of at 26 least six months immediately preceding the filing of the 27 petition either has evidenced a settled purpose of 28 relinquishing parental claim to a child or has refused or 29 failed to perform parental duties. 30 (2) The repeated and continued incapacity, abuse, 19890H2133B3016 - 7 -
1 neglect or refusal of the parent has caused the child to be 2 without essential parental care, control or subsistence 3 necessary for his physical or mental well-being and the 4 conditions and causes of the incapacity, abuse, neglect or 5 refusal cannot or will not be remedied by the parent. 6 (3) The parent is the presumptive but not the natural 7 father of the child. 8 (4) The child is in the custody of an agency, having 9 been found under such circumstances that the identity or 10 whereabouts of the parent is unknown and cannot be 11 ascertained by diligent search and the parent does not claim 12 the child within three months after the child is found. 13 (5) The child has been removed from the care of the 14 parent by the court or under a voluntary agreement with an 15 agency for a period of at least six months, the conditions 16 which led to the removal or placement of the child continue 17 to exist, the parent cannot or will not remedy those 18 conditions within a reasonable period of time, the services 19 or assistance reasonably available to the parent are not 20 likely to remedy the conditions which led to the removal or 21 placement of the child within a reasonable period of time and 22 termination of the parental rights would best serve the needs 23 and welfare of the child. 24 (6) In the case of a newborn child, the parent has <-- 25 actual or constructive knowledge KNOWS OR HAS REASON TO KNOW <-- 26 of the child's birth, does not reside with the child, has not 27 married the child's other parent, has failed for a period of 28 three months immediately preceding the filing of the petition 29 TO MAKE REASONABLE EFFORTS to maintain substantial and <-- 30 continuing contact with the child, and has failed during the 19890H2133B3016 - 8 -
1 same three-month period to provide substantial financial 2 support for the child. 3 (7) The parent is the father of a child who was 4 conceived as a result of a rape. 5 (b) Other considerations.--The court in terminating the 6 rights of a parent shall give primary consideration to the needs 7 and welfare of the child. The rights of a parent shall not be 8 terminated solely on the basis of environmental factors such as 9 inadequate housing, furnishings, income, clothing and medical 10 care if found to be beyond the control of the parent. With 11 respect to any petition filed pursuant to subsection (a)(1) or 12 (6), the court shall not consider any efforts by the parent to 13 remedy the conditions described therein which are undertaken 14 subsequent to the filing of the petition. 15 (c) Right to file personal information.--At the time the 16 decree of termination is transmitted to the parent whose rights 17 have been terminated, the court shall advise the parent, in 18 writing, of his or her right to place personal information on 19 file with the Department of Health pursuant to section 2905(d) 20 (relating to impounding of proceedings and access to records). 21 § 2513. Hearing. 22 * * * 23 (b) Notice.--At least ten days' notice shall be given to the 24 parent or parents, putative [parent] father, or parent of a 25 minor parent whose rights are to be terminated, by personal 26 service or by registered mail to his or their last known address 27 or by such other means as the court may require. A putative 28 [parent] father shall include one who has filed a claim of 29 paternity as provided in section 8303 (relating to claim of 30 paternity) prior to the institution of proceedings. The notice 19890H2133B3016 - 9 -
1 shall state the following: 2 "A petition has been filed asking the court to put an end 3 to all rights you have to your child (insert name of child). 4 The court has set a hearing to consider ending your rights to 5 your child. That hearing will be held in (insert place, 6 giving reference to exact room and building number or 7 designation) on (insert date) at (insert time). You are 8 warned that even if you fail to appear at the scheduled 9 hearing, the hearing will go on without you and your rights 10 to your child may be ended by the court without your being 11 present. You have a right to be represented at the hearing by 12 a lawyer. You should take this paper to your lawyer at once. 13 If you do not have a lawyer or cannot afford one, go to or 14 telephone the office set forth below to find out where you 15 can get legal help. 16 (Name)................... 17 (Address)................ 18 ......................... 19 (Telephone number)....... 20 * * * 21 Section 5. Title 23 is amended by adding a section to read: 22 § 2530. Preplacement investigation and report. 23 (a) General rule.--No intermediary shall place a child in 24 the physical care or custody of a prospective adoptive parent or 25 parents unless a preplacement investigation containing a 26 favorable recommendation for placement of a child with the 27 prospective parent or parents has been completed within three 28 years prior thereto and which has been supplemented within one 29 year prior thereto. The preplacement investigation shall be 30 conducted by a local public child-care agency, an adoption 19890H2133B3016 - 10 -
1 agency or a licensed social worker. 2 (b) Preplacement report.--A preplacement report shall be 3 prepared by the agency or person conducting the preplacement 4 investigation. 5 (1) The report shall set forth all pertinent information 6 relating to the fitness of the adopting parents as parents. 7 (2) The report shall be based upon a study which shall 8 include an investigation of the home environment, family 9 life, parenting skills, age, health, racial, ethnic and 10 religious background, facilities and resources of the 11 adoptive parents and their ability to manage their resources. 12 The report shall also include the information required by 13 section 23.1 of the act of November 26, 1975 (P.L.438, 14 No.124), known as the Child Protective Services Law. 15 (3) The report shall include a determination regarding 16 the fitness of the adopting parents as parents. 17 (4) The report shall be dated and verified. 18 Section 6. Sections 2531(b), 2701, 2725 and 2905(a) and (d) 19 of Title 23 are amended to read: 20 § 2531. Report of intention to adopt. 21 * * * 22 (b) Contents.--The report shall set forth: 23 (1) The circumstances surrounding the persons receiving 24 or retaining custody or physical care of the child, including 25 the date upon which a preplacement investigation was 26 concluded. 27 (2) The name, sex, racial background, age, date and 28 place of birth and religious affiliation of the child. 29 (3) The name and address of the intermediary. 30 (4) An itemized accounting of moneys and consideration 19890H2133B3016 - 11 -
1 paid or to be paid to the intermediary. 2 (5) Whether the parent or parents whose parental rights 3 are to be terminated have received counseling with respect to 4 the termination and the alternatives thereto. If so, the 5 report shall state the dates on which the counseling was 6 provided and the name and address of the counselor or agency 7 which provided the counseling. 8 [(5)] (6) The name, address and signature of the person 9 or persons making the report. Immediately above the signature 10 of the person or persons intending to adopt the child shall 11 appear the following statement: 12 I acknowledge that I have been advised or know and 13 understand that the natural parent may revoke the consent 14 to the adoption of this child until a court has entered a 15 decree terminating the parental rights and, unless a 16 decree terminating parental rights has been entered, the 17 natural parent may revoke the consent until a court 18 enters the final adoption decree. 19 (7) A copy of the preplacement report prepared pursuant 20 to section 2530 (relating to preplacement investigation and 21 report). 22 When a person receives or retains custody or physical care of a 23 child from an agency, the report shall set forth only the name 24 and address of the agency [and], the circumstances surrounding 25 such person receiving or retaining custody or physical care of 26 the child and a copy of the preplacement report prepared 27 pursuant to section 2530. 28 * * * 29 § 2701. Contents of petition for adoption. 30 A petition for adoption shall set forth: 19890H2133B3016 - 12 -
1 (1) The full name, residence, marital status, age, 2 occupation, religious affiliation and racial background of 3 the adopting parent or parents and their relationship, if 4 any, to the adoptee. 5 (2) That the reports under sections 2530 (relating to 6 preplacement investigation and report), 2531 (relating to 7 report of intention to adopt) and 2533 (relating to report of 8 intermediary) have been filed, if required. 9 (3) The name and address of the intermediary, if any. 10 (4) The full name of the adoptee and the fact and length 11 of time of the residence of the adoptee with the adopting 12 parent or parents. 13 (5) If there is no intermediary or if no report of the 14 intermediary has been filed or if the adoptee is over the age 15 of 18 years, all vital statistics and other information 16 enumerated and required to be stated of record by section 17 2533, so far as applicable. 18 (6) If a change in name of the adoptee is desired, the 19 new name. 20 (7) That all consents required by section 2711 (relating 21 to consents necessary to adoption) are attached as exhibits 22 or the basis upon which such consents are not required. 23 (8) That it is the desire of the petitioner or the 24 petitioners that the relationship of parent and child be 25 established between the petitioner or petitioners and the 26 adoptee. 27 (9) If no birth certificate or certification of 28 registration of birth can be obtained, a statement of the 29 reason therefor and an allegation of the efforts made to 30 obtain the certificate with a request that the court 19890H2133B3016 - 13 -
1 establish a date and place of birth at the adoption hearing 2 on the basis of the evidence presented. 3 § 2725. Religious belief. 4 Whenever possible, [the adopting parents shall be of the same 5 religious faith as the natural parents of the adoptee] the court 6 and the intermediary shall honor the preference of the natural 7 parents as to the religious faith in which the adoptive parents 8 will rear the adopted child. No person shall be denied the 9 benefits of this part because of a religious belief in the use 10 of spiritual means or prayer for healing. 11 § 2905. Impounding of proceedings and access to records. 12 (a) General rule.--All petitions, exhibits, reports, notes 13 of testimony, decrees, and other papers pertaining to any 14 proceeding under this part or former statutes relating to 15 adoption shall be kept in the files of the court as a permanent 16 record thereof and withheld from inspection except on an order 17 of court granted upon cause shown or except as otherwise 18 provided in this section. Any report required to be filed under 19 sections 2530 (relating to preplacement investigation and 20 report), 2531 (relating to report of intention to adopt) and 21 2535 (relating to investigation) shall be made available to 22 parties to an adoption proceeding only after all identifying 23 names and addresses in the report have been extirpated by the 24 court. 25 * * * 26 (d) Disclosure of information on original certificate of 27 birth.-- 28 (1) No disclosure of information shall be made by the 29 court, an agency, the Department of Health or any other 30 Commonwealth agency regarding the adopted person's original 19890H2133B3016 - 14 -
1 certificate of birth or regarding the documents of proof on
2 which the amended certificate of birth is based or relating
3 in any way to the natural parents unless the disclosure is
4 made pursuant to the provisions of this section.
5 (2) Notwithstanding any other provision in this section
6 to the contrary, the natural parents may, at the time of the
7 [relinquishment] termination of their parental rights
8 pursuant to Chapter 25 (relating to proceedings prior to
9 petition to adopt) or at any time thereafter, place on file,
10 with the court and with the Department of Health, a consent
11 form granting permission for the court or the department to
12 disclose the information contained in the adoptee's original
13 certificate of birth, or any other identifying or
14 nonidentifying information pertaining to the natural parents,
15 at any time after the adoptee attains the age of 18 or, if
16 less than 18, to his adoptive parent or legal guardian. If
17 both parents give their consent, the information on the birth
18 certificate may be disclosed. If only one parent gives
19 consent, only the identity of the consenting parent shall be
20 disclosed. The natural parents shall be entitled to update
21 those records, as necessary, to reflect the natural parent's
22 current address or any other information pertaining to the
23 natural parents. The information may only be disclosed upon
24 the request of the adoptee or his adoptive parent or legal
25 guardian, and the consent of the natural parents may be
26 withdrawn at any time by filing a withdrawal of consent form
27 with the court and the department. The department shall
28 prescribe by regulation the procedure and forms to be
29 utilized for the giving, updating and withdrawal of the
30 consent.
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1 Section 7. This act shall take effect in 60 days. K15L23DGS/19890H2133B3016 - 16 -