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| PRIOR PRINTER'S NO. 2650 | PRINTER'S NO. 4063 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY SONNEY, CLYMER, CREIGHTON, FLECK, M. KELLER, MAJOR, MOUL, MURT, OBERLANDER, O'NEILL, PYLE, RAPP, SIPTROTH, SWANGER, VULAKOVICH, YOUNGBLOOD AND GEIST, SEPTEMBER 14, 2009 |
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| AS REPORTED FROM COMMITTEE ON HEALTH AND HUMAN SERVICES, HOUSE OF REPRESENTATIVES, AS AMENDED, JUNE 30, 2010 |
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| AN ACT |
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1 | Amending Title 23 (Domestic Relations) of the Pennsylvania |
2 | Consolidated Statutes, in adoption, further providing for |
3 | definitions and, for counseling, for effect of decree of | <-- |
4 | termination, for religious belief, for time of entry of |
5 | decree of adoption, for impounding of proceedings and access |
6 | to records, for docket entries and for certificate of | <-- |
7 | adoption; and providing for agency records and attorney |
8 | records. |
9 | The General Assembly of the Commonwealth of Pennsylvania |
10 | hereby enacts as follows: |
11 | Section 1. Section 2102 of Title 23 of the Pennsylvania | <-- |
12 | Consolidated Statutes is amended by adding definitions to read: |
13 | Section 1. The definition of "medical history information" | <-- |
14 | in section 2102 of Title 23 of the Pennsylvania Consolidated |
15 | Statutes is amended and the section is amended by adding |
16 | definitions to read: |
17 | § 2102. Definitions. |
18 | The following words and phrases when used in this part shall |
19 | have, unless the context clearly indicates otherwise, the |
20 | meanings given to them in this section: |
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1 | * * * |
2 | "Agency records." All written and electronic information | <-- |
3 | collected by an agency relating to a birth family, an adoptive |
4 | family and an adoptee. |
5 | "Authorization form." A form, provided by the Department of |
6 | Public Welfare, on which an adoptee, an adoptive parent or a |
7 | birth relative can authorize or prohibit the release of |
8 | identifying information under the requirements of this chapter. |
9 | "Authorized representative." An individual who is appointed |
10 | to conduct a search under this chapter and has completed a |
11 | standardized training program as required by the Department of |
12 | Public Welfare under this chapter. |
13 | "Birth family identifying information summary form." A form |
14 | provided by the Department of Public Welfare on which is |
15 | recorded identifying birth family information extracted from |
16 | agency records that includes the information outlined in section |
17 | 2905(b)(2)(i), (ii), (iii), (iv), (v), (vi), (vii), (viii), |
18 | (ix), (x) and (xi) (relating to impounding of proceedings and |
19 | access to records) and, to the extent available, the following: |
20 | full names of birth family members, dates of birth, Social | <-- |
21 | Security numbers and previous addresses. |
22 | "Birth sibling." The biological sibling or half sibling of |
23 | an adoptee. |
24 | * * * |
25 | "Court records." All petitions, exhibits, reports, notes of |
26 | testimony, decrees and other papers pertaining to a proceeding |
27 | under this chapter or former statutes relating to adoption. |
28 | "Department." The Department of Public Welfare of the | <-- |
29 | Commonwealth. |
30 | * * * |
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1 | "Medical history information." Medical records and other | <-- |
2 | information concerning an adoptee or an adoptee's [natural] |
3 | birth family which is relevant to the adoptee's present or |
4 | future health care or medical treatment. The term includes: |
5 | (1) otherwise confidential or privileged information |
6 | provided that identifying contents have been removed pursuant |
7 | to section 2909 (relating to medical history information); |
8 | and |
9 | (2) information about the [natural] birth parents which |
10 | may be relevant to a potential hereditary or congenital |
11 | medical problem. |
12 | * * * |
13 | Section 2. Section 2905 Sections 2505(b), 2521(c), 2725, | <-- |
14 | 2901, 2905, 2906 and 2907 of Title 23 is are amended to read: | <-- |
15 | § 2505. Counseling. | <-- |
16 | * * * |
17 | (b) Compilation of list.--The court shall compile a list of |
18 | qualified counselors and counseling services (including all |
19 | adoption agencies) which are available to counsel [natural] |
20 | birth parents within the county who are contemplating |
21 | relinquishment or termination of parental rights pursuant to |
22 | this part. Such list shall be distributed to every agency, |
23 | hospital or other facility providing maternity care within the |
24 | county and shall be made available upon request to any |
25 | intermediary or licensed health care professional. |
26 | * * * |
27 | § 2521. Effect of decree of termination. |
28 | * * * |
29 | (c) Authority of agency or person receiving custody.--An |
30 | agency or person receiving custody of a child shall stand in |
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1 | loco parentis to the child and in such capacity shall have the |
2 | authority, inter alia, to consent to marriage, to enlistment in |
3 | the armed forces and to major medical, psychiatric and surgical |
4 | treatment and to exercise such other authority concerning the |
5 | child as a [natural] birth parent could exercise. |
6 | § 2725. Religious belief. |
7 | The intermediary may honor the preference of the [natural] |
8 | birth parents as to the religious faith in which the adoptive |
9 | parents intend to rear the adopted child. No person shall be |
10 | denied the benefits of this part because of a religious belief |
11 | in the use of spiritual means or prayer for healing. |
12 | § 2901. Time of entry of decree of adoption. |
13 | Unless the court for cause shown determines otherwise, no |
14 | decree of adoption shall be entered unless the [natural] birth |
15 | parent or parents' rights have been terminated, the |
16 | investigation required by section 2535 (relating to |
17 | investigation) has been completed, the report of the |
18 | intermediary has been filed pursuant to section 2533 (relating |
19 | to report of intermediary) and all other legal requirements have |
20 | been met. If all legal requirements have been met, the court may |
21 | enter a decree of adoption at any time. |
22 | § 2905. Impounding of proceedings and access to records. |
23 | (a) General rule.--All petitions, exhibits, reports, notes |
24 | of testimony, decrees, and other papers pertaining to any |
25 | proceeding under this part or former statutes relating to |
26 | adoption shall be kept in the files of the court as a permanent |
27 | record thereof and withheld from inspection except on an order |
28 | of court granted upon cause shown or except as otherwise |
29 | provided in this section. In the case of an adult adoptee who is |
30 | assuming a name under section 2904 (relating to name of |
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1 | adoptee), an order of court is not required for the court to |
2 | forward to the Pennsylvania State Police documentation in |
3 | accordance with 54 Pa.C.S. § 702 (relating to change by order of |
4 | court). Only the court in the county in which an adoption was |
5 | finalized, the agency which handled county or private agency | <-- |
6 | which was involved with the adoption or a successor agency |
7 | authorized by the court may access records relating to the |
8 | adoption for purposes of releasing nonidentifying or identifying |
9 | information under this section. Any report required to be filed |
10 | under sections 2530 (relating to home study and preplacement |
11 | report), 2531 (relating to report of intention to adopt) [and], |
12 | 2535 (relating to investigation) and 2724(b) (relating to |
13 | testimony and investigation) shall be made available to parties |
14 | to an adoption proceeding only after all identifying names and |
15 | addresses in the report have been extirpated by the court. |
16 | (b) Petition or request to court or request to agency for | <-- |
17 | [limited] nonidentifying information.-- |
18 | (1) Upon petition or written request by any adoptee at |
19 | least 18 years of age or, if less than 18, his adoptive |
20 | parent or legal guardian to the court in the judicial |
21 | district in which the permanent records relating to the |
22 | adoption have been impounded, the court shall furnish to the |
23 | adoptee as much information concerning the adoptee's |
24 | [natural] birth parents as will not endanger the anonymity of |
25 | the [natural] birth parents. The information shall first be |
26 | reviewed, in camera, by the court to insure that no |
27 | information is revealed which would [endanger the anonymity |
28 | of the natural] compromise the confidentiality of the birth |
29 | parents. The court shall, upon motion of the adoptee, examine |
30 | the entire record to determine if any additional information |
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1 | can safely be revealed without endangering the anonymity of |
2 | the [natural] birth parents. |
3 | (2) If the court or agency receives a petition or | <-- |
4 | written request or the agency receives a written request for | <-- |
5 | nonidentifying information from an adoptee, within 30 days it |
6 | shall notify the petitioner or requester whether it has in |
7 | its possession any records relating to the adoptee. If |
8 | records are located, the court or agency shall, within 90 |
9 | days, review the records and furnish to the petitioner or |
10 | requester information concerning the adoption which will not |
11 | compromise the confidentiality of the biological relationship |
12 | between the adoptee and the adoptee's birth parent. Unless |
13 | the court or agency determines, due to unusual circumstances, |
14 | that disclosure of one or more of these items may facilitate |
15 | the identification of the birth parents or their extended |
16 | family, nonidentifying information about the birth parents |
17 | shall include, to the extent available, the following: |
18 | (i) Race/ethnic background. |
19 | (ii) Religion. |
20 | (iii) Ages at time of adoptee's birth. |
21 | (iv) Marital status. |
22 | (v) Occupation. |
23 | (vi) Physical description, including, but not |
24 | limited to, height, weight, complexion, eye and hair |
25 | color. |
26 | (vii) Education. |
27 | (viii) Hobbies. |
28 | (ix) Medical information of birth parents and |
29 | adoptee. |
30 | (x) Other children at time of the adoptee's birth, |
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1 | including their ages and sex. |
2 | (xi) Circumstances leading to adoption. |
3 | (c) [Access to identity of natural parents] Petition or | <-- |
4 | request to court or request to agency for identifying |
5 | information or contact.-- |
6 | [(1) Upon petition of an adoptee at least 18 years of |
7 | age or, if less than 18, his adoptive parent or legal |
8 | guardian, the court may also, through its designated agent, |
9 | attempt to contact the natural parents, if known, to obtain |
10 | their consent to release their identity and present place of |
11 | residence to the adoptee. The petition may state the reasons |
12 | why the adoptee desires to contact his natural parents, which |
13 | reasons shall be disclosed to the natural parents if |
14 | contacted. However, the court and its agents shall take care |
15 | that none but the natural parents themselves are informed of |
16 | the adoptee's existence and relationship to them. The court |
17 | may refuse to contact the natural parents if it believes |
18 | that, under the circumstances, there would be a substantial |
19 | risk that persons other than the natural parents would learn |
20 | of the adoptee's existence and relationship to the natural |
21 | parents. The court shall appoint either the county children |
22 | and youth agency, or a private agency which provides adoption |
23 | services in accordance with standards established by the |
24 | Department of Public Welfare, to contact the natural parents |
25 | as its designated agent. |
26 | (2) In addition to petitioning the court to contact the |
27 | natural parents, an adoptee at least 18 years of age or, if |
28 | less than 18, his adoptive parent or legal guardian may |
29 | request the agency that placed the adoptee to contact his |
30 | natural parents. If the agency agrees to attempt to contact |
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1 | the natural parents, it shall do so pursuant to the same |
2 | safeguards provided for court inquiries in paragraph (1). |
3 | (3) If the court or an agency contacts the natural |
4 | parents of an adoptee pursuant to a petition or request made |
5 | under paragraph (1) or (2), except as hereinafter provided, |
6 | information relating to both natural parents shall only be |
7 | disclosed to the adoptee if both natural parents agree to the |
8 | disclosure. If both of the natural parents are deceased, |
9 | their identities may be disclosed. If one parent is deceased, |
10 | his or her identity may be disclosed. If only one parent |
11 | agrees to the disclosure, then only the information relating |
12 | to the agreeing parent shall be disclosed. |
13 | (4) The Department of Public Welfare may, by regulation, |
14 | prescribe procedures related to contact of natural parents by |
15 | designated agents of the court.] |
16 | (5) A petition or request for identifying information or |
17 | contact may be made by the following individuals: |
18 | (i) An adoptee at least 18 years of age. |
19 | (ii) The adoptive parent or legal guardian of an |
20 | adoptee who is under 18 years of age, legally adjudicated |
21 | incapacitated or deceased. |
22 | (iii) A descendant of a deceased adoptee. |
23 | (iv) The birth parent of an adoptee at least 21 |
24 | years of age. |
25 | (v) A parent of a birth parent of an adoptee at |
26 | least 21 years of age if that birth parent consents, has |
27 | been legally adjudicated incapacitated or is deceased. |
28 | (vi) A birth sibling of an adoptee if both the birth |
29 | sibling and the adoptee are at least 21 years of age and: |
30 | (A) The the birth sibling and adoptee were | <-- |
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1 | adopted out of the same birth family.; | <-- |
2 | (B) The the birth sibling remained in the | <-- |
3 | custody of the birth parent and the birth parent |
4 | consents, is deceased or has been legally adjudicated |
5 | incapacitated.; or | <-- |
6 | (C) The the birth sibling was not adopted out of | <-- |
7 | the birth family and did not remain in the custody of |
8 | the birth parent. |
9 | (6) The following individuals may be the subject of a |
10 | search: |
11 | (i) An adoptee at least 21 years of age. |
12 | (ii) A birth parent. |
13 | (iii) A parent of a birth parent of an adoptee at |
14 | least 21 years of age if the birth parent consents, has |
15 | been legally adjudicated incapacitated or is deceased. |
16 | (iv) A birth sibling of an adoptee if both the |
17 | adoptee and the birth sibling are at least 21 years of |
18 | age and: |
19 | (A) The birth sibling and adoptee were adopted |
20 | out of the same birth family. |
21 | (B) The birth sibling remained in the custody of |
22 | the birth parent and the birth parent consents, is |
23 | deceased or has been legally adjudicated |
24 | incapacitated. |
25 | (C) The birth sibling was not adopted out of the |
26 | birth family and did not remain in the custody of the |
27 | birth parent. |
28 | (7) If the court or agency receives a petition or | <-- |
29 | request or the agency receives a request for identifying | <-- |
30 | information or contact, within 30 days it shall: |
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1 | (i) Determine whether it has in its possession any |
2 | records relating to the adoptee. |
3 | (ii) Notify any other court or agency listed in its |
4 | records of the existence of a petition or request. |
5 | (iii) Ask any other court or agency listed in its |
6 | records to advise if any individual listed as a subject |
7 | of a search executed a written authorization to release |
8 | identifying information. |
9 | (iv) Notify the individual filing the petition or |
10 | request of its findings under this subsection. |
11 | (8) If records are located, a good faith search for |
12 | identifying information must be commenced within 90 days. The |
13 | search may only be conducted by: |
14 | (i) the court in which the adoption was finalized; |
15 | (ii) the agency which handled the adoption; |
16 | (iii) a successor, by merger or acquisition, of the |
17 | agency which handled the adoption; or |
18 | (iv) if neither an agency nor a successor exists, by |
19 | an agency authorized by the court. |
20 | (9) The court or agency may appoint an authorized |
21 | representative to conduct the search. The following apply: |
22 | (i) The representative shall review the court and |
23 | agency records for identifying information regarding the |
24 | birth or adoptive family. |
25 | (ii) The representative shall use reasonable efforts |
26 | to locate the subject of a search. |
27 | (iii) If the subject of a search is located, the |
28 | representative must obtain written authorization from the |
29 | subject before identifying information can be released or |
30 | contact between the parties is made. |
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1 | (iv) If the subject of the search agrees or is |
2 | deceased, identifying information shall be disclosed to a |
3 | petitioner or requester. |
4 | (10) The department shall make available to authorized | <-- |
5 | representatives a standardized training program on conducting |
6 | searches under this part. |
7 | (c.1) Limitations of search.--No representative of the court |
8 | or agency conducting the search shall be required to make |
9 | inquiries for which the representative believes may compromise | <-- |
10 | the confidentiality of the biological relationship between the |
11 | adoptee and the adoptee's birth parent that under the | <-- |
12 | circumstances, there would be a substantial risk that persons |
13 | other than the birth parents would learn of the adoptee's |
14 | existence and relationship to the birth parents. |
15 | (c.2) Refusal to search.--Notwithstanding the provisions of |
16 | subsection (c), the following apply: |
17 | (1) An agency receiving a request for identifying |
18 | information or contact may decline to perform a search if it |
19 | is satisfied that the request could cause physical or |
20 | emotional harm to the petitioner or others. |
21 | (2) If the agency declines to perform the search, the |
22 | agency shall refer the request to the court which handled the |
23 | adoption and inform the court of its reasons for declining |
24 | the petitioner's request. |
25 | (3) The agency shall notify the petitioner of the |
26 | referral and identify the court to which the referral was |
27 | made. |
28 | (4) A court receiving a petition for identifying |
29 | information or contact may decline to perform a search if it |
30 | is satisfied that the request could cause physical or |
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1 | emotional harm to the petitioner or others. |
2 | (d) Disclosure of information.-- |
3 | (1) No disclosure of information shall be made by the |
4 | court, an agency, the Department of Health or any other |
5 | Commonwealth agency regarding the adopted person's original |
6 | certificate of birth or regarding the documents of proof on |
7 | which the amended certificate of birth is based or relating |
8 | in any way to the [natural] birth parents unless the |
9 | disclosure is made pursuant to the provisions of this |
10 | section. |
11 | (2) Notwithstanding any other provision in this section |
12 | to the contrary, the [natural] birth parents may, at the time |
13 | of the termination of their parental rights pursuant to |
14 | Chapter 25 (relating to proceedings prior to petition to |
15 | adopt) or at any time thereafter, place on file, with the |
16 | court and with the Department of Health, [a consent] an | <-- |
17 | authorization form granting permission for the court or the |
18 | department to disclose the information contained in the |
19 | adoptee's original certificate of birth, or any other |
20 | identifying or nonidentifying information pertaining to the |
21 | [natural] birth parents, at any time after the adoptee |
22 | attains the age of 18 or, if less than 18, to his adoptive |
23 | parent or legal guardian. If both parents give their |
24 | [consent] authorization, the information on the birth | <-- |
25 | certificate may be disclosed. If only one parent gives |
26 | [consent] authorization, only the identity of the consenting | <-- |
27 | parent shall be disclosed. The [natural parents] birth parent |
28 | shall be entitled to update those records, as necessary, to |
29 | reflect the [natural] birth parent's current address or any |
30 | other information pertaining to the [natural parents] birth |
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1 | parent. The [information may only be disclosed upon the |
2 | request of the adoptee or his adoptive parent or legal |
3 | guardian, and the] consent] authorization of the [natural] | <-- |
4 | birth parents may be withdrawn at any time by filing a |
5 | withdrawal of [consent] authorization form with the court and | <-- |
6 | the department. The department shall prescribe by regulation |
7 | the procedure and forms to be utilized for the giving, |
8 | updating and withdrawal of the [consent] authorization. | <-- |
9 | (3) An adoptee at least 18 years of age or, if less than |
10 | 18 years of age, the parent or legal guardian of the adoptee |
11 | shall have access to any original or updated medical history |
12 | information on file with the court which entered the decree |
13 | of termination or the [Department of Public Welfare] | <-- |
14 | department. No medical history information shall be released |
15 | which would [endanger the anonymity of the natural parents.] |
16 | compromise the confidentiality of the biological relationship |
17 | between the adoptee and the adoptee's birth parents. |
18 | (e) Immunity from liability.-- |
19 | (1) Any person or agency, including the Commonwealth or |
20 | its governmental subdivision, that in good faith acts or |
21 | fails to act concerning any requirement of this section shall |
22 | be immune from civil or criminal liability due to providing |
23 | or refusing to provide services under this section. |
24 | (2) In any proceeding, the good faith of a person or |
25 | agency acting under this section shall be presumed. |
26 | (f) Costs and fees.--A court or agency providing services |
27 | under subsection (b) or (c) may establish a schedule of fees for |
28 | services. The fees shall be reasonably related to the direct and |
29 | indirect costs associated with providing services. |
30 | (g) Authorized representative qualification.--An authorized |
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1 | representative shall complete a standardized training program |
2 | developed by the department Department of Public Welfare. | <-- |
3 | (h) Rules and regulations.--The department Department of | <-- |
4 | Public Welfare shall promulgate rules and regulations |
5 | implementing a standardized training program for court and |
6 | agency authorized representatives conducting searches under this |
7 | subchapter. |
8 | § 2906. Docket entries. | <-- |
9 | Upon the filing of any decree under this part, the clerk |
10 | shall enter on the docket an entry showing the date of the |
11 | decree. Information identifying the [natural] birth parents |
12 | shall not be entered on the docket. |
13 | § 2907. Certificate of adoption. |
14 | The clerk shall issue to the adopting parent or parents a |
15 | certificate reciting that the court has granted the adoption. |
16 | The certificate shall not disclose the name of any [natural] |
17 | birth parent or the original name of the person adopted. The |
18 | certificate shall be accepted in any legal proceedings in this |
19 | Commonwealth as evidence of the fact that the adoption has been |
20 | granted. |
21 | Section 3. Title 23 is amended by adding sections to read: |
22 | § 2911. Agency records. |
23 | (a) General rule.--The birth family information summary form |
24 | shall be maintained as a permanent record and withheld from |
25 | inspection except as provided under this chapter. |
26 | (b) Disposition of agency records upon closure.-- |
27 | (1) As soon as practicable, but no less than 30 days |
28 | prior to the date on which an agency ceases to operate as a |
29 | legal entity in this Commonwealth, the agency shall, unless |
30 | it has applied to operate as a new legal entity, notify the |
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1 | department Department of Public Welfare of its intention to | <-- |
2 | cease operating. |
3 | (2) Within this time period, the agency shall submit a |
4 | plan to the department Department of Public Welfare relating | <-- |
5 | to the closure and transfer of case records to another |
6 | agency. The plan shall be subject to the approval by the |
7 | department Department of Public Welfare. | <-- |
8 | (3) In preparation for its closure and transfer of case |
9 | records, the agency shall label its case records to identify |
10 | the respective court that finalized an adoption or where a |
11 | petition to terminate parental rights or to adopt has been |
12 | filed. |
13 | (4) The department Department of Public Welfare shall | <-- |
14 | notify each court so identified by the agency of the name, |
15 | address and telephone number of the agency to which case |
16 | records have been transferred. |
17 | § 2912. Attorney records. |
18 | An attorney representing a party to an adoption proceeding or |
19 | acting as counsel or guardian ad litem for a child in a |
20 | proceeding under this part may forward records and information |
21 | relating to the child, the child's birth family and the adoptive |
22 | family to the court which finalized the adoption, as established |
23 | by general rule by the Supreme Court. Such records and |
24 | information shall be treated as court records for purposes of |
25 | this chapter. |
26 | Section 4. This act shall take effect in 60 days. |
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