PRINTER'S NO. 207
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
237
Session of
2019
INTRODUCED BY TOOHIL, CALTAGIRONE, MURT, STEPHENS, QUINN,
BERNSTINE, MACKENZIE, T. DAVIS, JONES AND ZIMMERMAN,
JANUARY 28, 2019
REFERRED TO COMMITTEE ON CHILDREN AND YOUTH, JANUARY 28, 2019
AN ACT
Amending Title 23 (Domestic Relations) of the Pennsylvania
Consolidated Statutes, in adoption, further providing for
home study and preplacement report and for report of
intention to adopt, repealing provisions relating to report
of intermediary and exhibits, further providing for
investigation, for contents of petition for adoption and for
exhibits, providing for permissible reimbursement of expenses
and further providing for time of entry of decree of
adoption.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 2530(a) and (c) and 2531(b)(3) and (4)
of Title 23 of the Pennsylvania Consolidated Statutes are
amended to read:
§ 2530. Home study and preplacement report.
(a) General rule.--[No intermediary shall place a child] A
child shall not be placed in the physical care or custody of a
prospective adoptive parent or parents unless a home study
containing a favorable recommendation for placement of a child
with the prospective parent or parents has been completed within
three years prior thereto and which has been supplemented within
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
one year prior thereto. The home study shall be conducted by a
local public child-care agency, an adoption agency or a licensed
social worker designated by the court to perform such study.
* * *
(c) Interim placement.--Where a home study required under
this section is in process, but not yet completed, [an
intermediary may place] a child may be placed in the physical
care or custody of a prospective adoptive parent or parents if
all of the following conditions are met:
(1) [The intermediary has] There is no reason to believe
that the prospective adoptive parent or parents would not
receive a favorable recommendation for placement as a result
of the home study.
(2) The individual or agency conducting the home study
assents to the interim placement.
(3) The [intermediary immediately notifies the] court is
immediately notified of the interim placement and the
identity of the individual or agency conducting the home
study. If at any time prior to the completion of the home
study the court is notified by the individual or agency
conducting the home study that it withdraws its assent to the
interim placement, the court may order the placement of the
child in temporary foster care with an agency until a
favorable recommendation for placement is received.
§ 2531. Report of intention to adopt.
* * *
(b) Contents.--The report shall set forth:
* * *
(3) The name and address of the intermediary, if an
intermediary is being utilized.
20190HB0237PN0207 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(4) An itemized accounting of moneys and consideration
paid or to be paid to the intermediary, if an intermediary is
being utilized.
* * *
Section 2. Sections 2533 and 2534 of Title 23 are repealed:
[§ 2533. Report of intermediary.
(a) General rule.--Within six months after filing the report
of intention to adopt, the intermediary who or which arranged
the adoption placement of any child under the age of 18 years
shall make a written report under oath to the court in which the
petition for adoption will be filed and shall thereupon
forthwith notify in writing the adopting parent or parents of
the fact that the report has been filed and the date thereof.
(b) Contents.--The report shall set forth:
(1) The name and address of the intermediary.
(2) The name, sex, racial background, age, date and
place of birth and religious affiliation of the child.
(3) The date of the placement of the child with the
adopting parent or parents.
(4) The name, racial background, age, marital status as
of the time of birth of the child and during one year prior
thereto, and religious affiliation of the parents of the
child.
(5) Identification of proceedings in which any decree of
termination of parental rights, or parental rights and
duties, with respect to the child was entered.
(6) The residence of the parents or parent of the child,
if there has been no such decree of termination.
(7) A statement that all consents required by section
2711 (relating to consents necessary to adoption) are
20190HB0237PN0207 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
attached as exhibits or the basis upon which the consents are
not required.
(8) An itemized accounting of moneys and consideration
paid or to be paid to or received by the intermediary or to
or by any other person or persons to the knowledge of the
intermediary by reason of the adoption placement.
(9) A full description and statement of the value of all
property owned or possessed by the child.
(10) A statement that no provision of any statute
regulating the interstate placement of children has been
violated with respect to the placement of the child.
(11) If no birth certificate or certification of
registration of birth can be obtained, a statement of the
reason therefor.
(12) A statement that medical history information was
obtained and if not obtained, a statement of the reason
therefor.
(c) Appropriate relief.--The court may provide appropriate
relief where it finds that the moneys or consideration reported
or reportable pursuant to subsection (b)(8) are excessive.
(d) Permissible reimbursement of expenses.--Payments made by
the adoptive parents to an intermediary or a third party for
reimbursement of the following expenses, calculated without
regard to the income of the adoptive parents, are permissible
and are not in violation of 18 Pa.C.S. § 4305 (relating to
dealing in infant children):
(1) Medical and hospital expenses incurred by the
natural mother for prenatal care and those medical and
hospital expenses incurred by the natural mother and child
incident to birth.
20190HB0237PN0207 - 4 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(2) Medical, hospital and foster care expenses incurred
on behalf of the child prior to the decree of adoption.
(3) Reasonable expenses incurred by the agency or a
third party for adjustment counseling and training services
provided to the adoptive parents and for home studies or
investigations.
(4) Reasonable administrative expenses incurred by the
agency, to include overhead costs and attorney fees.
§ 2534. Exhibits.
The report of the intermediary shall have attached to it the
following exhibits:
(1) A birth certificate or certification of registration
of birth of the child if it can be obtained.
(2) All consents to adoption required by section 2711
(relating to consents necessary to adoption).
(3) A certified copy of any decree of termination of
parental rights or parental rights and duties made by a court
other than the court in which the petition for adoption will
be filed.]
Section 3. Sections 2535(a), 2701 and 2702 of Title 23 are
amended to read:
§ 2535. Investigation.
(a) General rule.--When a report required by section 2531
(relating to report of intention to adopt) has been filed, the
court shall cause an investigation to be made and a report filed
by a local public child care agency, a voluntary child care
agency with its consent or an appropriate person designated by
the court. In lieu of the investigation, the court may accept an
investigation made by the agency which placed the child [and the
report of investigation in such cases may be incorporated into
20190HB0237PN0207 - 5 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
the report of the intermediary required by section 2533
(relating to report of intermediary)].
* * *
§ 2701. Contents of petition for adoption.
A petition for adoption shall set forth:
(1) The full name, residence, marital status, age,
occupation, religious affiliation and racial background of
the adopting parent or parents and their relationship, if
any, to the adoptee.
(2) That the reports under sections 2530 (relating to
home study and preplacement report)[,] and 2531 (relating to
report of intention to adopt) [and 2533 (relating to report
of intermediary)] have been filed, if required.
(3) The name and address of the intermediary, if any.
(4) The full name, sex, racial background, age, date and
place of birth and religious affiliation of the adoptee and
the fact and length of time of the residence of the adoptee
with the adopting parent or parents.
(5) [If there is no intermediary or if no report of the
intermediary has been filed or if the adoptee is over the age
of 18 years, all vital statistics and other information
enumerated and required to be stated of record by section
2533, so far as applicable.] The name, racial background,
age, marital status as of the time of birth of the child and
during one year prior to the birth of the child, and
religious affiliation of the parents of the child.
(6) If a change in name of the adoptee is desired, the
new name.
(7) That all consents required by section 2711 (relating
to consents necessary to adoption) are attached as exhibits
20190HB0237PN0207 - 6 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
or the basis upon which such consents are not required.
(8) That it is the desire of the petitioner or the
petitioners that the relationship of parent and child be
established between the petitioner or petitioners and the
adoptee.
(9) If no birth certificate or certification of
registration of birth can be obtained, a statement of the
reason therefor and an allegation of the efforts made to
obtain the certificate with a request that the court
establish a date and place of birth at the adoption hearing
on the basis of the evidence presented.
(10) An itemized accounting of money and consideration
paid or to be paid to or received by an intermediary or any
other person or persons to the knowledge of the intermediary
by reason of the adoption placement.
(11) A statement that medical history information was
obtained and, if not obtained, a statement of the reason
therefor.
(12) A statement that no provision of any statute
regulating the interstate placement of children has been
violated with respect to the placement of the child.
§ 2702. Exhibits.
The petition shall have attached to it the following
exhibits:
(1) The consent or consents required by section 2711
(relating to consents necessary to adoption).
[(2) If not already filed with a report of an
intermediary, the exhibits enumerated in section 2534
(relating to exhibits).]
(3) A birth certificate or certification of registration
20190HB0237PN0207 - 7 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
of birth of the child if it can be obtained.
(4) A certified copy of any decree of termination of
parental rights or parental rights and duties made by a court
other than the court in which the petition for adoption will
be filed.
(5) A full description and statement of the value of all
property owned or possessed by the child.
Section 4. Title 23 is amended by adding a section to read:
§ 2726. Permissible reimbursement of expenses.
Payments made by the adoptive parents to an intermediary for
reimbursement of the following expenses, calculated without
regard to the income of the adoptive parents, are permissible
and are not in violation of 18 Pa.C.S. § 4305 (relating to
dealing in infant children):
(1) Medical and hospital expenses incurred by the birth
mother for prenatal care and those medical and hospital
expenses incurred by the birth mother and child incident to
birth.
(2) Medical, hospital and foster care expenses incurred
on behalf of the child prior to the decree of adoption.
(3) Reasonable expenses incurred by the agency or a
third party for adjustment counseling and training services
provided to the adoptive parents and for home studies or
investigations.
(4) Reasonable administrative expenses incurred by the
agency, to include overhead costs and attorney fees.
(5) Reasonable living expenses incurred by the birth
mother three months prior to the due date of the child and 60
days after the birth of the child. Living expenses may
include food, rent, utilities, maternity clothing and an
20190HB0237PN0207 - 8 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
amount not to exceed $300 for expenses and transportation
costs associated with prenatal, maternity and postmaternity
care.
Section 5. Section 2901 of Title 23 is amended to read:
§ 2901. Time of entry of decree of adoption.
Unless the court for cause shown determines otherwise, no
decree of adoption shall be entered unless the [natural] birth
parent or parents' rights have been terminated, the
investigation required by section 2535 (relating to
investigation) has been completed[, the report of the
intermediary has been filed pursuant to section 2533 (relating
to report of intermediary)] and all other legal requirements
have been met. If all legal requirements have been met, the
court may enter a decree of adoption at any time.
Section 6. This act shall take effect in 60 days.
20190HB0237PN0207 - 9 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15