Bill Text: PA SB1360 | 2009-2010 | Regular Session | Amended


Bill Title: In adoption, further providing for hearing, for alternative procedure for relinquishment and for grounds for involuntary termination; providing for voluntary agreement for continuing contact; further providing for impounding of proceedings and access to records and for medical history information; providing for records and access to information; establishing an information registry; and making editorial changes.

Spectrum: Bipartisan Bill

Status: (Passed) 2010-10-27 - Act No. 101 [SB1360 Detail]

Download: Pennsylvania-2009-SB1360-Amended.html

  

 

PRIOR PRINTER'S NOS. 1971, 1999

PRINTER'S NO.  2188

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

SENATE BILL

 

No.

1360

Session of

2010

  

  

INTRODUCED BY GREENLEAF, M. WHITE, MUSTO, TARTAGLIONE, FONTANA, O'PAKE, MELLOW, BROWNE, PICCOLA, STACK, WARD, ALLOWAY, ERICKSON, BOSCOLA, EARLL, MENSCH, WASHINGTON, SCARNATI, BRUBAKER, KASUNIC, PILEGGI, PIPPY, WILLIAMS, CORMAN, LEACH AND TOMLINSON, MAY 7, 2010

  

  

SENATOR CORMAN, APPROPRIATIONS, RE-REPORTED AS AMENDED, SEPTEMBER 20, 2010   

  

  

  

AN ACT

  

1

Amending Title 23 (Domestic Relations) of the Pennsylvania

2

Consolidated Statutes, in adoption, further providing for

3

hearing, for alternative procedure for relinquishment and for

4

grounds for involuntary termination; providing for voluntary

5

agreement for continuing contact; further providing for

6

impounding of proceedings and access to records and for

7

medical history information; providing for records and access

8

to information; establishing an information registry; and

9

making editorial changes.

10

The General Assembly of the Commonwealth of Pennsylvania

11

hereby enacts as follows:

12

Section 1.  Sections 2503(e), 2504(d) and 2511(c) of Title 23

13

of the Pennsylvania Consolidated Statutes are amended to read:

14

§ 2503.  Hearing.

15

* * *

16

(e)  Right to file personal and medical history

17

information.--At the time the decree of termination is

18

transmitted to the parent whose rights are terminated, the court

19

shall advise that parent, in writing, of his or her continuing

 


1

right to place and update personal and medical history

2

information, whether or not the medical condition is in

3

existence or discoverable at the time of adoption, on file with

4

the court and with the Department of Public Welfare pursuant to

5

[section 2905(d) (relating to impounding of proceedings and

6

access to records)] Subchapter B of Chapter 29 (relating to

7

records and access to information).

8

§ 2504.  Alternative procedure for relinquishment.

9

* * *

10

(d)  Right to file personal and medical history

11

information.--At the time the decree of termination is

12

transmitted to the parent, the court shall also advise, in

13

writing, the parent whose rights have been terminated of his or

14

her continuing right to place and update personal and medical

15

history information, whether or not the medical condition is in

16

existence or discoverable at the time of adoption, on file with

17

the court and with the Department of Public Welfare pursuant to

18

[section 2905(d) (relating to impounding of proceedings and

19

access to records)] Subchapter B of Chapter 29 (relating to

20

records and access to information).

21

§ 2511.  Grounds for involuntary termination.

22

* * *

23

(c)  Right to file personal and medical history

24

information.--At the time the decree of termination is

25

transmitted to the parent whose rights have been terminated, the

26

court shall advise the parent, in writing, of his or her

27

continuing right to place and update personal and medical

28

history information, whether or not the medical condition is in

29

existence or discoverable at the time of adoption, on file with

30

the court and with the Department of Public Welfare pursuant to

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1

[section 2905(d) (relating to impounding of proceedings and

2

access to records)] Subchapter B of Chapter 29 (relating to

3

records and access to information).

4

Section 2.  Chapter 27 of Title 23 is amended by adding a

5

subchapter to read:

6

SUBCHAPTER D

7

VOLUNTARY AGREEMENT FOR

8

CONTINUING CONTACT

9

Sec.

10

2731.  Purpose of subchapter.

11

2732.  Definitions.

12

2733.  Parties to agreement.

13

2734.  Consent of a child.

14

2735.  Filing and approval of an agreement.

15

2736.  Failure to comply.

16

2737.  Modification of agreement.

17

2738.  Enforcement of agreement.

18

2739.  Discontinuance of agreement.

19

2740.  Procedures for facilitating and resolving agreements

20

involving a county child welfare agency.

21

2741.  Counsel.

22

2742.  Costs.

23

§ 2731.  Purpose of subchapter.

24

The purpose of this subchapter is to provide an option for

25

adoptive parents and birth relatives to enter into a voluntary

26

agreement for ongoing communication or contact that:

27

(1)  is in the best interest of the child;

28

(2)  recognizes the parties' interests and desires for

29

ongoing communication or contact;

30

(3)  is appropriate given the role of the parties in the

- 3 -

 


1

child's life; and

2

(4)  is subject to approval by the courts.

3

§ 2732.  Definitions.

4

The following words and phrases when used in this subchapter

5

shall have the meanings given to them in this section unless the

6

context clearly indicates otherwise:

7

"Agency."  A public or private entity, including a county

8

agency, that:

9

(1)  Is is licensed, supervised or regulated by the

<--

10

Department of Public Welfare.; and

<--

11

(2)  Provides provides adoption services.

<--

12

"Agreement."  A voluntary written agreement between an

13

adoptive parent and a birth relative that is approved by a court

14

and provides for continuing contact between a or communication

<--

15

between the child and the birth relative or between the adoptive

<--

16

parent and the birth relative as provided under this subchapter.

17

"Birth relative."  A parent, grandparent, stepparent,

18

sibling, uncle or aunt of the child's birth family, whether the

19

relationship is by blood, marriage or adoption.

<--

20

"Child."  An individual who is under 18 years of age.

21

"County agency."  A county children and youth social service

22

agency established under section 405 of the act of June 24, 1937

23

(P.L.2017, No.396), known as the County Institution District

24

Law, or its successor, and supervised by the Department of

25

Public Welfare under Article IX of the act of June 13, 1967

26

(P.L.31, No.21), known as the Public Welfare Code.

27

"Department."  The Department of Public Welfare of the

28

Commonwealth.

29

§ 2733.  Parties to agreement.

30

(a)  Prospective adoptive parents and birth relatives.--A

- 4 -

 


1

prospective adoptive parent of a child may enter into an

2

agreement with a birth relative of a the child to permit

<--

3

continuing contact between a child and a birth relative.

<--

4

(b)  Requirements for birth relatives.--

5

(1)  A birth relative that enters into an agreement must

6

have established emotional ties with the child creating an

7

ongoing personal relationship.

8

(2)  If the child is under one year of age, the ongoing

9

personal relationship between the birth relative and the

10

child must have continued for at least half of the child's

11

life, unless the birth relative is the birth parent of the

12

child or communication between the child and the birth

<--

13

relative or between the adoptive parent and the birth

14

relative.

15

(c) (b)  Guardians ad litem for siblings of adoptees.--Where

<--

16

siblings have been freed for adoption through the termination of

17

parental rights, following a dependency proceeding, and the

18

prospective adoptive parent is not adopting all of the siblings,

19

each such sibling who is under 18 years of age shall be

20

represented by a guardian ad litem in the development of an

21

agreement.

22

(c)  Notification.--An agency or anyone representing the

<--

23

parties in an adoption shall provide notification to a

24

prospective adoptive parent, a birth parent and a child who can

25

be reasonably expected to understand that a prospective adoptive

26

parent and a birth relative of a child have the option to enter

27

into a voluntary agreement for continuing contact or

28

communication.

29

(d)  Construction.--Nothing in this chapter shall be

30

construed to prohibit the parties from agreeing to mediation of

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1

an agreement at their own cost, including the modification of an

2

agreement, before seeking a remedy from the court.

3

§ 2734.  Consent of a child.

4

If the child is 12 years of age or older, an agreement made

5

under this subchapter may not be entered into without the

6

child's consent.

7

§ 2735.  Filing and approval of an agreement.

8

(a)  General rule.--An agreement shall be filed with the

9

court that finalizes the adoption of the child.

10

(b)  Conditions for approval.--The court shall approve the

11

agreement if the court determines that:

12

(1)  The agreement has been entered into knowingly and

13

voluntarily by all parties. An affidavit made under oath must

14

accompany the agreement affirmatively stating that the

15

agreement was entered into knowingly and voluntarily and is

16

not the product of coercion, fraud or duress. The affidavit

17

may be executed jointly or separately.

18

(2)  The agreement is in the best interest of the child.

19

In making that determination, factors that the court may

20

consider include, but are not limited to, the following:

21

(i)  The length of time that the child has been under

22

actual care, custody and control of a person other than a

23

birth parent and the circumstances relating thereto.

24

(ii)  The interaction and interrelationship of the

25

child with birth relatives and other persons who

26

routinely interact with the birth relatives and may

27

significantly affect the child's best interests.

28

(iii)  The adjustment to the child's home, school and

29

community.

30

(iv)  The willingness and ability of the birth

- 6 -

 


1

relative to respect and appreciate the bond between the

2

child and prospective adoptive parent.

3

(v)  The willingness and ability of the prospective

4

adoptive parent to respect and appreciate the bond

5

between the child and the birth relative.

6

(vi)  Any evidence of abuse or neglect of the child.

7

(c)  Legal effect.--An agreement shall not be legally

8

enforceable unless approved by the court.

9

§ 2736.  Failure to comply.

10

Failure to comply with the terms of an agreement that has

11

been approved by the court pursuant to this subchapter shall not

12

be grounds for setting aside an adoption decree.

13

§ 2737.  Modification of agreement.

14

(a)  General rule.--Only the adoptive parent or a child who

15

is 12 years of age or older may seek to modify an agreement by

16

filing an action in the court that finalized the adoption.

17

(b)  Standard for modification.--Before the court may enter

18

an order modifying the agreement, it must find by clear and

19

convincing evidence that modification serves the needs, welfare

20

and best interest of the child.

21

§ 2738.  Enforcement of agreement.

22

(a)  General rule.--Any party to an agreement, a sibling or a

23

child who is the subject of an agreement may seek to enforce an

24

agreement by filing an action in the court that finalized the

25

adoption.

26

(b)  Remedies.--Any party to an agreement, a sibling or a

27

child who is the subject of an agreement may request only

28

specific performance in seeking to enforce an agreement and may

29

not request monetary damages or modification of an agreement.

30

(c)  Requirements.--For an agreement to be enforceable, it

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1

must be:

2

(1)  In writing.

3

(2)  Approved by the court on or before the date for any

4

adoption decree.

5

(3)  If the child is 12 years of age or older when the

6

agreement is executed, the child must consent to the

7

agreement at the time of its execution.

8

(d)  Prerequisites.--Before the court may enter an order

9

enforcing an agreement, it must find all of the following:

10

(1)  The party seeking enforcement of the agreement is in

11

substantial compliance with the agreement.

12

(2)  By clear and convincing evidence, enforcement serves

13

the needs, welfare and best interest of the child.

14

(e)  Cessation of enforceability.--

15

(1)  An agreement shall cease to be enforceable on the

16

date the child turns 18 years of age unless the agreement

17

otherwise stipulates or is modified by the court.

18

(2)  The court issuing final approval of an agreement

19

shall have continuing jurisdiction over enforcement of the

20

agreement until the child turns 18 years of age, unless the

21

agreement otherwise stipulates or is modified by the court.

22

(f)  Exclusivity of remedy.--This section constitutes the

23

exclusive remedy for enforcement of an agreement and no

24

statutory or common law remedy shall be available for

25

enforcement or damages in connection with an agreement.

26

§ 2739.  Discontinuance of agreement.

27

(a)  General rule.--A party to an agreement or a child that

28

is at least 12 years of age or older may seek to discontinue an

29

agreement by filing an action in the court that finalized the

30

adoption.

- 8 -

 


1

(b)  Standard for discontinuation.--Before the court may

2

enter an order discontinuing an agreement, it must find by clear

3

and convincing evidence that discontinuance serves the needs,

4

welfare and best interest of the child.

5

§ 2740.  Procedures for facilitating and resolving agreements

6

involving a county child welfare agency.

7

(a)  Department to develop procedures.--In termination of

8

parental rights and adoption proceedings involving a county

9

child welfare agency arising from a juvenile dependency case

10

under 42 Pa.C.S. Ch. 63 (relating to juvenile matters), the

11

department shall develop, in consultation with the

12

Administrative Office of the Pennsylvania Courts and the

13

Juvenile Courts Judges Commission, procedures to do the

14

following:

15

(1)  Facilitate the development of an agreement, when

16

appropriate, before it is presented to the court.

17

(2)  Resolve any requests to modify, enforce or

18

discontinue an agreement consistent with the provisions of

19

this subchapter.

20

(b)  Requirements.--The procedures shall, among other

21

provisions to be determined by the department, clearly inform

22

the parties to and subject of an agreement how to seek

23

modification, enforcement or discontinuance of an agreement that

24

was approved by the court.

25

(c)  Availability to county agencies.--The department shall

26

make the procedures available to county agencies no later than

27

180 days after the effective date of this subchapter.

28

§ 2741.  Counsel.

29

(a)  General rule.--In proceedings under sections 2737

30

(relating to modification of agreement), 2738 (relating to

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1

enforcement of agreement) and 2739 (relating to discontinuance

2

of agreement), parties shall not be entitled to court-appointed

3

counsel.

4

(b)  Guardians ad litem.--

5

(1)  Notwithstanding the provisions of subsection (a),

6

the court may appoint a guardian ad litem to represent the

7

interests of a child in proceedings under sections 2737, 2738

8

and 2739 and a sibling under 18 years of age who seeks to

9

enforce or to discontinue an agreement.

10

(2)  When appointing a guardian ad litem under this

11

subchapter, the court may appoint the same attorney who

12

represents or has represented the child in any dependency

13

proceedings or termination of parental rights proceedings.

14

§ 2742.  Costs.

15

If the court finds that an action brought under section 2737

16

(relating to modification of agreement), 2738 (relating to

17

enforcement of agreement) or 2739 (relating to discontinuance of

18

agreement) was wholly insubstantial, frivolous or not advanced

19

in good faith, the court may award attorney fees and costs to

20

the prevailing parties.

21

Section 3.  Chapter 29 of Title 23 is amended by adding a

22

subchapter heading to read:

23

Subchapter A

24

General Provisions

25

Section 4.  Sections 2905 and 2909 of Title 23 are repealed:

26

[§ 2905.  Impounding of proceedings and access to records.

27

(a)  General rule.--All petitions, exhibits, reports, notes

28

of testimony, decrees, and other papers pertaining to any

29

proceeding under this part or former statutes relating to

30

adoption shall be kept in the files of the court as a permanent

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1

record thereof and withheld from inspection except on an order

2

of court granted upon cause shown or except as otherwise

3

provided in this section. In the case of an adult adoptee who is

4

assuming a name under section 2904 (relating to name of

5

adoptee), an order of court is not required for the court to

6

forward to the Pennsylvania State Police documentation in

7

accordance with 54 Pa.C.S. § 702 (relating to change by order of

8

court). Any report required to be filed under sections 2530

9

(relating to home study and preplacement report), 2531 (relating

10

to report of intention to adopt) and 2535 (relating to

11

investigation) shall be made available to parties to an adoption

12

proceeding only after all identifying names and addresses in the

13

report have been extirpated by the court.

14

(b)  Petition to court for limited information.--Upon

15

petition by any adoptee at least 18 years of age or, if less

16

than 18, his adoptive parent or legal guardian to the court in

17

the judicial district in which the permanent records relating to

18

the adoption have been impounded, the court shall furnish to the

19

adoptee as much information concerning the adoptee's natural

20

parents as will not endanger the anonymity of the natural

21

parents. The information shall first be reviewed, in camera, by

22

the court to insure that no information is revealed which would

23

endanger the anonymity of the natural parents. The court shall,

24

upon motion of the adoptee, examine the entire record to

25

determine if any additional information can safely be revealed

26

without endangering the anonymity of the natural parents.

27

(c)  Access to identity of natural parents.--

28

(1)  Upon petition of an adoptee at least 18 years of age

29

or, if less than 18, his adoptive parent or legal guardian,

30

the court may also, through its designated agent, attempt to

- 11 -

 


1

contact the natural parents, if known, to obtain their

2

consent to release their identity and present place of

3

residence to the adoptee. The petition may state the reasons

4

why the adoptee desires to contact his natural parents, which

5

reasons shall be disclosed to the natural parents if

6

contacted. However, the court and its agents shall take care

7

that none but the natural parents themselves are informed of

8

the adoptee's existence and relationship to them. The court

9

may refuse to contact the natural parents if it believes

10

that, under the circumstances, there would be a substantial

11

risk that persons other than the natural parents would learn

12

of the adoptee's existence and relationship to the natural

13

parents. The court shall appoint either the county children

14

and youth agency, or a private agency which provides adoption

15

services in accordance with standards established by the

16

Department of Public Welfare, to contact the natural parents

17

as its designated agent.

18

(2)  In addition to petitioning the court to contact the

19

natural parents, an adoptee at least 18 years of age or, if

20

less than 18, his adoptive parent or legal guardian may

21

request the agency that placed the adoptee to contact his

22

natural parents. If the agency agrees to attempt to contact

23

the natural parents, it shall do so pursuant to the same

24

safeguards provided for court inquiries in paragraph (1).

25

(3)  If the court or an agency contacts the natural

26

parents of an adoptee pursuant to a petition or request made

27

under paragraph (1) or (2), except as hereinafter provided,

28

information relating to both natural parents shall only be

29

disclosed to the adoptee if both natural parents agree to the

30

disclosure. If both of the natural parents are deceased,

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1

their identities may be disclosed. If one parent is deceased,

2

his or her identity may be disclosed. If only one parent

3

agrees to the disclosure, then only the information relating

4

to the agreeing parent shall be disclosed.

5

(4)  The Department of Public Welfare may, by regulation,

6

prescribe procedures related to contact of natural parents by

7

designated agents of the court.

8

(d)  Disclosure of information.--

9

(1)  No disclosure of information shall be made by the

10

court, an agency, the Department of Health or any other

11

Commonwealth agency regarding the adopted person's original

12

certificate of birth or regarding the documents of proof on

13

which the amended certificate of birth is based or relating

14

in any way to the natural parents unless the disclosure is

15

made pursuant to the provisions of this section.

16

(2)  Notwithstanding any other provision in this section

17

to the contrary, the natural parents may, at the time of the

18

termination of their parental rights pursuant to Chapter 25

19

(relating to proceedings prior to petition to adopt) or at

20

any time thereafter, place on file, with the court and with

21

the Department of Health, a consent form granting permission

22

for the court or the department to disclose the information

23

contained in the adoptee's original certificate of birth, or

24

any other identifying or nonidentifying information

25

pertaining to the natural parents, at any time after the

26

adoptee attains the age of 18 or, if less than 18, to his

27

adoptive parent or legal guardian. If both parents give their

28

consent, the information on the birth certificate may be

29

disclosed. If only one parent gives consent, only the

30

identity of the consenting parent shall be disclosed. The

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1

natural parents shall be entitled to update those records, as

2

necessary, to reflect the natural parent's current address or

3

any other information pertaining to the natural parents. The

4

information may only be disclosed upon the request of the

5

adoptee or his adoptive parent or legal guardian, and the

6

consent of the natural parents may be withdrawn at any time

7

by filing a withdrawal of consent form with the court and the

8

department. The department shall prescribe by regulation the

9

procedure and forms to be utilized for the giving, updating

10

and withdrawal of the consent.

11

(3)  An adoptee at least 18 years of age or, if less than

12

18 years of age, the parent or legal guardian of the adoptee

13

shall have access to any original or updated medical history

14

information on file with the court which entered the decree

15

of termination or the Department of Public Welfare. No

16

medical history information shall be released which would

17

endanger the anonymity of the natural parents.

18

§ 2909.  Medical history information.

19

(a)  Delivery of information.--Prior to the finalization of

20

an adoption, medical history information shall, where

21

practicable, be delivered by the attending physician or other

22

designated person to the intermediary who shall deliver such

23

information to the adopting parents or their physician. In cases

24

where there is no intermediary, medical history information

25

shall be delivered directly to the adopting parents or their

26

physician.

27

(b)  Editing of information.--Except as provided in section

28

2905 (relating to impounding of proceedings and access to

29

records), medical history information shall be edited before

30

delivery or release by the Department of Public Welfare so as to

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1

remove any contents which would identify the adoptee's natural

2

family.

3

(c)  Availability of information forms.--The Department of

4

Public Welfare shall, upon request, make available to courts,

5

adoption agencies and individuals medical history information

6

forms that enable parents whose rights have been terminated to

7

register and update medical history information with the

8

Department of Public Welfare and with the court which entered

9

the decree of termination.

10

(d)  Regulations.--The Department of Public Welfare shall, in

11

consultation with the Department of Health, prescribe by

12

regulation the procedure to be utilized and to develop the

13

content of medical history information forms.]

14

Section 5.  Chapter 29 of Title 23 is amended by adding

15

subchapters to read:

16

SUBCHAPTER B

17

Records and Access to Information

18

Sec.

19

2911.  Definitions.

20

2912.  Combined request for information.

21

2913.  Reasonable fees.

22

2914.  Immunity from liability.

23

2915.  Court and agency records.

24

2916.  Attorney records.

25

§ 2911.  Definitions.

26

The following words and phrases when used in this subchapter

27

shall have the meanings given to them in this section unless the

28

context clearly indicates otherwise:

29

"Agency records."  All information collected by an agency

30

relating to a birth family, an adoptive family and an adoptee.

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1

"Authorization form."  A form provided by the department on

2

which an adoptee, an adoptive parent or a birth relative can

3

authorize or prohibit the release of identifying information

4

pursuant to the requirements of this chapter.

5

"Authorized representative."  An individual who is appointed

6

to conduct a search under this chapter and who has completed a

7

standardized training program as required by the department

8

under this chapter.

9

"Court records."  All petitions, exhibits, reports, notes of

10

testimony, decrees and other papers pertaining to a proceeding

11

under this chapter or former statutes relating to adoption.

12

"Department."  The Department of Public Welfare of the

13

Commonwealth.

14

"Medical history information."  Medical records and other

15

information concerning an adoptee or an adoptee's birth family

16

that is relevant to the present or future health care or medical

17

treatment of the adoptee or the adoptee's birth family. The term

18

includes, but is not limited to, the following:

19

(1)  Otherwise confidential or privileged information, if

20

identifying information has been removed under section 2925

21

(relating to providing information from registry).

22

(2)  Information about the birth parents of a child that

23

may concern a potential hereditary or congenital medical

24

problem.

25

"Social history information."  The term includes, but is not

26

limited to, the following:

27

(1)  Information about the adoptee and birth relatives of

28

the adoptee, including economic, cultural and ethnic

29

information.

30

(2)  A developmental history of the adoptee, including

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1

the circumstances at birth, early development and subsequent

2

age-appropriate task development.

3

(3)  The social experiences of the adoptee, including

4

abuse and neglect, out-of-home care and patterns of

5

interpersonal relationships.

6

(4)  The educational experiences of the adoptee,

7

including the name of schools attended and dates of

8

enrollment, academic performance, extracurricular activities

9

and special interests.

10

(5)  The current functioning of the adoptee, including

11

behavioral patterns and relationships.

12

(6)  The circumstances surrounding the adoption.

13

"Summary of original birth record."  The summary of original

14

birth record, consisting of only the names and ages of the birth

15

parents, the date and county of the birth of the child and the

16

name of the child given at birth.

17

§ 2912.  Combined request for information.

18

An individual may file a single written request for 

<--

19

authorized to receive both nonidentifying information and

<--

20

identifying information may file a single written request under

<--

21

Subchapter D (relating to release of information).

22

§ 2913.  Reasonable fees.

23

Any court or agency may charge reasonable fees for services

24

provided under this chapter.

25

§ 2914.  Immunity from liability.

26

(a)  General rule.--A person or agency, including the

27

Commonwealth and any of its governmental subdivisions, that

28

participates in good faith in providing services under this

29

chapter has immunity from civil liability that may otherwise

30

result by reason of an action or a failure to act under this

- 17 -

 


1

chapter.

2

(b)  Presumption of good faith.--For the purpose of a civil 

3

proceeding, the good faith of any person or agency that provides

4

services pursuant to this chapter is presumed.

5

§ 2915.  Court and agency records.

6

(a)  General rule.--All court and agency records shall be

7

maintained as a permanent record and withheld from inspection

8

except as provided under this chapter.

9

(b)  Agency records.--

<--

10

(1)  An agency shall forward its records to the

11

department under any of the following circumstances:

12

(i)  The agency ceases to provide adoption services.

13

(ii)  The agency decides to dispose of records.

14

(2)  An agency shall provide at least 30 days' notice to

15

the department prior to forwarding its records.

16

(3)  The department shall retain as a permanent record

17

all agency records forwarded to it.

18

(c) (b)  Who may access court or agency records.--Only the

<--

19

following are authorized to access court or agency records for

20

the purpose of releasing nonidentifying or identifying

21

information under this chapter:

22

(1)  The court which finalized the adoption.

23

(2)  The agency that coordinated the adoption.

24

(3)  A successor agency authorized by the court which

25

finalized the adoption.

26

(c)  Disposition of agency records upon closure.--

<--

27

(1)  As soon as practicable, but not 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

- 18 -

 


1

department of its intention to cease operating.

2

(2)  Within this time period, the agency shall submit a

3

plan to the department relating to the closure and transfer

4

of case records to another agency. The plan shall be subject

5

to approval by the department.

6

(3)  In preparation for its closure and transfer of case

7

records, the agency shall label its case records to identify

8

the respective court that finalized an adoption or where a

9

petition to terminate parental rights or to adopt has been

10

filed.

11

(4)  The department shall notify each court so identified

12

by the agency of the name, address and telephone number of

13

the agency to which case records have been transferred.

14

§ 2916.  Attorney records.

15

An attorney representing a party to an adoption proceeding or

16

acting as counsel or guardian ad litem for a child in a

17

proceeding under this part may forward records and information

18

relating to the child, the child's birth family and the adoptive

19

family to the court which finalized the adoption, as established

20

by general rule by the Supreme Court. Such records and

21

information shall be treated as court records for purposes of

22

this chapter.

23

SUBCHAPTER C

24

INFORMATION REGISTRY

25

Sec.

26

2921.  Establishment of registry.

27

2922.  Informational material.

28

2923.  Filing information with registry.

29

2924.  Who may request information from registry.

30

2925.  Providing information from registry.

- 19 -

 


1

2926.  Rules and regulations.

2

§ 2921.  Establishment of registry.

3

The department shall do all of the following:

4

(1)  Establish a Statewide confidential registry for the

5

receipt, filing and retention of medical and social history

6

information and authorization forms for all adoptions

7

finalized or registered in this Commonwealth as of the

<--

8

effective date of this subchapter.

9

(2)  Prescribe and distribute forms on which an adoptee,

10

an adoptive parent and a birth parent may:

11

(i)  Request identifying information or contact.

12

(ii)  Authorize or refuse to authorize the release of

13

identifying information or contact.

14

(iii)  File and update information with the registry.

15

(3)  Retain information filed with the registry as a

16

permanent record.

17

(4)  Disseminate the information pursuant to the

18

requirements of this subchapter.

19

§ 2922.  Informational material.

20

The department shall publicize the availability of the

21

registry and the manner in which information may be filed with

22

and obtained from the registry.

23

§ 2923.  Filing information with registry.

24

An adoptee, an adoptive parent and a birth parent may at any

25

time file and update medical and social history information with

26

the registry on a form developed by the department.

27

§ 2924.  Who may request information from registry.

28

The following individuals may request information from the

29

registry:

30

(1)  An adoptee who is at least 18 years of age.

- 20 -

 


1

(2)  An adoptive parent of an adoptee who is under 18

2

years of age, adjudicated incapacitated or deceased.

3

(3)  A legal guardian of an adoptee who is under 18 years

4

of age or adjudicated incapacitated.

5

(4)  A descendant of a deceased adoptee.

6

(5)  The birth parent of an adoptee who is at least 21

7

years of age.

8

(6)  A parent of a birth parent of an adoptee who is at

9

least 21 years of age if the birth parent consents, is

10

adjudicated incapacitated or is deceased.

11

(7)  A birth sibling of an adoptee, if both the birth

12

sibling and adoptee are at least 21 years of age, and:

13

(i)  the birth sibling remained in the custody of the

14

birth parent and the birth parent consents, is deceased

15

or adjudicated incapacitated;

16

(ii)  both the birth sibling and adoptee were adopted

17

out of the same birth family; or

18

(iii)  the birth sibling was not adopted out of the

19

birth family and did not remain in the custody of the

20

birth parent.

21

§ 2925.  Providing information from registry.

22

(a)  Nonidentifying information.--Nonidentifying information,

23

if available, shall be provided to the requester within 30 days

24

of the request.

25

(b)  Identifying information.--

26

(1)  If an authorization form is on file, the department

27

shall notify the requester within 30 days of the request

28

whether information may be released.

29

(2)  If there is no authorization on file, the department

30

shall designate an authorized representative to:

- 21 -

 


1

(i)  Use reasonable efforts to locate the subject of

2

the request.

3

(ii)  If the subject of the request is located,

4

obtain written authorization from the subject before any

5

information is released.

6

(c)  Confidentiality of information.--In conducting a search,

<--

7

the court or agency shall ensure that no individual, other than

8

a birth parent, is informed of the adoptee's existence and

9

relationship to the birth parent.

10

(d)  When inquiry not mandatory.--An authorized

11

representative of the court or agency conducting a search may

12

not make an inquiry which the representative reasonably believes

13

may compromise the confidentiality relating to the relationship

14

between the adoptee and a birth parent of the adoptee.

15

(c) (e)  Authorization form.--An authorization form allowing

<--

16

the release of identifying information may be withdrawn at any

17

time by the individual who signed the authorization form.

18

(d) (f)  Editing information.--Before the release of

<--

19

information from the registry, the department shall remove any

20

identifying information, unless authorized in writing by the

21

subject of the information to release the identifying

22

information.

23

§ 2926.  Rules and regulations.

24

The department shall promulgate rules and regulations

25

necessary to implement this subchapter. The department may

26

request, but shall not require, an agency to submit medical and

27

social history information for adoptions finalized or registered

28

in this Commonwealth prior to the effective date of this

29

subchapter.

30

SUBCHAPTER D

- 22 -

 


1

RELEASE OF INFORMATION

2

Sec.

3

2931.  Nonidentifying information.

<--

4

2932.  Identifying information.

5

2933.  Statement of medical and social history information.

6

2934.  Confidentiality.

7

2935.  Refusal to search.

8

2936.  Original birth record.

9

2937.  Rules and regulations.

10

§ 2931.  Nonidentifying information.

11

(a)  Who may request.--The following individuals may file a

12

written request for nonidentifying information with the court

13

which finalized an adoption, the agency which coordinated the

14

adoption or its successor agency by merger or acquisition:

15

(1)  An adoptee who is 18 years of age or older.

16

(2)  An adoptive parent of an adoptee who is:

17

(i)  under 18 years of age;

18

(ii)  adjudicated incapacitated and is at least 18

19

years of age; or

20

(iii)  deceased.

21

(3)  A legal guardian of an adoptee who is under 18 years

22

of age or adjudicated incapacitated.

23

(4)  A descendant of a deceased adoptee.

24

2931.  Access to information.

<--

25

2932.  Nonidentifying information.

26

2933.  Identifying information.

27

2934.  Statement of medical and social history information.

28

2935.  Confidentiality.

29

2936.  Refusal to search.

30

2937.  Original birth record.

- 23 -

 


1

2938.  Rules and regulations.

2

§ 2931.  Access to information.

3

(a)  Who may access information.--The following individuals

4

may file a written request for nonidentifying information or

5

identifying information or contact with the court which

6

finalized the adoption, the agency which coordinated the

7

adoption or a successor agency:

8

(1)  An adoptee who is at least 18 years of age.

9

(2)  An adoptive parent of an adoptee who is:

10

(i)  under 18 years of age;

11

(ii)  adjudicated incapacitated and is 18 years of

12

age or older; or

13

(iii)  deceased.

14

(3)  A legal guardian of an adoptee who is under 18 years

15

of age or adjudicated incapacitated.

16

(4)  A descendant of a deceased adoptee.

17

(5)  A birth parent of an adoptee who is 21 years of age

18

or older.

19

(6)  A parent of a birth parent of an adoptee who is 21

20

years of age or older, if the birth parent consents, is

21

adjudicated incapacitated or is deceased.

22

(7)  A birth sibling of an adoptee, if both the birth

23

sibling and adoptee are 21 years of age or older and:

24

(i)  the birth sibling remained in the custody of the

25

birth parent and the birth parent consents, is deceased

26

or adjudicated incapacitated;

27

(ii) both the birth sibling and the adoptee were

28

adopted out of the same birth family; or

29

(iii)  the birth sibling was not adopted out of the

30

birth family and did not remain in the custody of the

- 24 -

 


1

birth parent.

2

(b)  Who may be the subject of a request for information.--An

3

individual enumerated under subsection (a) may request

4

nonidentifying or identifying information regarding or contact

5

with the following individuals:

6

(1)  An adoptee who is 21 years of age or older.

7

(2)  A birth parent of an adoptee.

8

(3)  A parent of a birth parent of an adoptee who is 21

9

years of age or older, if the birth parent consents, is

10

adjudicated incapacitated or is deceased.

11

(4)  A birth sibling of an adoptee, if both the birth

12

sibling and the adoptee are 21 years of age or older and:

13

(i)  the birth sibling remained in the custody of the

14

birth parent and the birth parent consents, is deceased

15

or adjudicated incapacitated;

16

(ii)  both the birth sibling and the adoptee were

17

adopted out of the same birth family; or

18

(iii)  the birth sibling was not adopted out of the

19

birth family and did not remain in the custody of the

20

birth parent.

21

§ 2932.  Nonidentifying information.

22

(b) (a)  Notice of receipt of request.--When the court or

<--

23

agency receives a written request for nonidentifying

24

information, it shall, within 30 days, notify the individual

25

requesting the information of its receipt of the request.

26

(c) (b)  Furnishing nonidentifying information.--The court or

<--

27

agency shall, within 120 days, review its records and furnish to

28

the requester any information concerning the adoption that will

29

not compromise the confidentiality of the relationship between

30

the adoptee and the adoptee's birth parent.

- 25 -

 


1

§ 2932 2933.  Identifying information.

<--

2

(a)  Who may request.--The following individuals may file a

<--

3

written request for identifying information or contact with the

4

court which finalized an adoption, the agency which coordinated

5

the adoption or a successor agency:

6

(1)  An adoptee who is at least 18 years of age.

7

(2)  An adoptive parent of an adoptee who is:

8

(i)  under 18 years of age;

9

(ii)  adjudicated incapacitated and is 18 years of

10

age or older; or

11

(iii)  deceased.

12

(3)  A legal guardian of an adoptee who is under 18 years

13

of age or adjudicated incapacitated.

14

(4)    A descendant of a deceased adoptee.

15

(5)  A birth parent of an adoptee who is 21 years of age

16

or older.

17

(6)  A parent of a birth parent of an adoptee who is 21

18

years of age or older, if the birth parent consents, is

19

adjudicated incapacitated or is deceased.

20

(7)  A birth sibling of an adoptee, if both the birth

21

sibling and adoptee are 21 years of age or older and:

22

(i)  the birth sibling remained in the custody of the

23

birth parent and the birth parent consents, is deceased

24

or adjudicated incapacitated;

25

(ii)  both the birth sibling and adoptee were adopted

26

out of the same birth family; or

27

(iii)  the birth sibling was not adopted out of the

28

birth family and did not remain in the custody of the

29

birth parent.

30

(b)  Who may be the subject of a request.--An individual

- 26 -

 


1

under subsection (a) may request identifying information

2

regarding or contact with the following individuals:

3

(1)  An adoptee who is 21 years of age or older.

4

(2)  A birth parent of an adoptee.

5

(3)  A parent of a birth parent of an adoptee who is 21

6

years of age or older, if the birth parent consents, is

7

adjudicated incapacitated or is deceased.

8

(4)  A birth sibling of an adoptee, if both the birth

9

sibling and adoptee are 21 years of age or older and:

10

(i)  the birth sibling remained in the custody of the

11

birth parent and the birth parent consents, is deceased

12

or adjudicated incapacitated;

13

(ii)  both the birth sibling and adoptee were adopted

14

out of the same birth family; or

15

(iii)  the birth sibling was not adopted out of the

16

birth family and did not remain in the custody of the

17

birth parent.

18

(c) (a)  Notice of availability of records.--The court or

<--

19

agency shall, within 120 days of receiving a written request for

20

identifying information or contact, do all of the following:

21

(1)  Determine whether it has in its possession any

22

records relating to the adoptee.

23

(2)  Conduct a good faith search for identifying

24

information, which search shall be commenced within 180 120 

<--

25

days. The search for information shall only be conducted by

26

an authorized representative appointed by:

27

(i)  the court in which the adoption was finalized;

28

(ii)  the agency that coordinated the adoption;

29

(iii)  a successor, by merger or acquisition, of the

30

agency that coordinated the adoption; or

- 27 -

 


1

(iv)  if neither the agency nor a successor exists,

2

by an agency authorized by the court.

3

The authorized representative shall review the court and

4

agency record for identifying information regarding the birth

5

or adoptive family and shall determine whether an

6

authorization form has been filed with the court or agency.

7

(3)  Notify any other court or agency listed in its

8

records of the existence of the request for identifying

9

information.

10

(4)  Ask any other court or agency listed in its records

11

to advise if an authorization form has been filed.

12

(5)  Contact the information registry established under

13

Subchapter C (relating to information registry), advise the

14

registry of the request for identifying information and ask

15

whether an authorization form has been filed.

16

(6)    Notify the requesting individual of its findings

17

pursuant to this subsection.

18

(d) (b)  No authorization form.--If an applicable

<--

19

authorization form is not located, all of the following apply:

20

(1)  The authorized representative shall use reasonable

21

efforts to locate the subject of the search.

22

(2)    If the subject of the search is located, the

23

authorized representative shall obtain written authorization

24

from the subject before any identifying information is

25

released or contact between the parties is made.

26

(3)  If the requester is an adoptee seeking the identity

27

of a birth parent, the identity of a deceased birth parent

28

may be disclosed.

29

(4)  If the requester is an adoptee seeking the identity

30

of both birth parents and only one birth parent agrees to the

- 28 -

 


1

disclosure, only the information relating to that birth

2

parent shall be disclosed.

3

(e) (c)  Withdrawal of authorization form.--An individual may

<--

4

withdraw the individual's authorization form at any time.

5

§ 2933 2934.  Statement of medical and social history

<--

6

information.

7

(a)  Filing places.--A statement regarding medical and social

8

history information may be filed with the following:

9

(1)  The court that terminated parental rights.

10

(2)  The court that finalized the adoption.

11

(3)  The agency that coordinated the adoption.

12

(4)  The information registry established under

13

Subchapter C (relating to information registry).

14

(b)  Individuals authorized to file and request.--The

15

following individuals may at any time file, update and request a

16

statement regarding medical and social history information:

17

(1)  An adoptee who is 18 years of age or older.

18

(2)  An adoptive parent or legal guardian of an adoptee

19

who is under 18 years of age or adjudicated incapacitated.

20

(3)  A descendant of a deceased adoptee.

21

(4)  A birth parent.

22

(5)  A legal guardian of an adjudicated incapacitated

23

birth parent.

24

(6)  A survivor of a deceased birth parent.

25

(c)  Maintenance of record.--A statement regarding medical

26

and social history information shall be maintained as a

27

permanent record.

28

(d)  Forwarding statement.--If a statement regarding medical

29

and social history information is filed in the court that

30

terminated parental rights, a copy of the statement shall be

- 29 -

 


1

forwarded to the court that finalized the adoption and the

2

information registry established under Subchapter C.

3

(e)    Notice of filing.--

4

(1)  Within 30 days of filing of a statement regarding

5

medical and social history information, the court, agency or

6

information registry shall give notice of its receipt to the

7

individual who filed the statement.

8

(2)  Within 120 days after a statement is filed, the

9

court, agency or information registry shall give notice of

10

the filing to the individual to who is at least 21 years of

<--

11

age and whom the information is intended to benefit, if known

12

or identified in its records.

13

(f)  Request for information.--

14

(1)  When the court or agency receives a written request

15

for medical and social history information, it shall notify

16

the requester within 120 days whether it possesses any

17

medical and social history information relating to the

18

adoption.

19

(2)    Within 120 days of locating medical and social

20

history information, the court or agency shall do the

21

following:

22

(i)  For nonidentifying information, review and

23

furnish to the requester any medical and social history

24

information that will not compromise the confidentiality

25

of the relationship between the adoptee and the adoptee's

26

birth parent.

27

(ii)  For identifying information, if an

28

authorization form is on file with the court, agency or

29

information registry, furnish to the requester the

30

available identifying information in its records.

- 30 -

 


1

(g)  No information or authorization form on file.--If a

2

court or agency receives a request for medical and social

3

history information and finds that no such information is in its

4

records or that no authorization form is on file, the court or

5

agency shall do the following:

6

(1)  Contact the subject of the request and ask that the

7

subject:

8

(i)  provide nonidentifying information for the

9

benefit of the requester; or

10

(ii)  file an authorization form.

11

(2)  If the subject of the request cannot be located from

12

information contained in the court records, appoint an

13

authorized representative to use reasonable efforts to locate

14

the subject.

15

(3)  If nonidentifying information is provided by the

16

subject of the request, provide the nonidentifying

17

information to the requester.

18

(4)  If an authorization form is filed, provide

19

identifying information to the requester.

20

(h)  Deceased birth parent.--If the requester is an adoptee

<--

21

seeking information about a birth parent and the birth parent is

22

deceased, any information on file regarding the deceased birth

23

parent may be disclosed.

24

§ 2934 2935.  Confidentiality.

<--

25

(a)  General rule.--In conducting a search, the court or

26

agency shall ensure that no individual, other than a birth

27

parent, is informed of the adoptee's existence and relationship

28

to the birth parent of the adoptee.

29

(b)  When inquiry not mandatory.--An authorized

30

representative of the court or agency conducting a search may

- 31 -

 


1

not make an inquiry which the representative reasonably believes

2

may compromise the confidentiality relating to the relationship

3

between the adoptee and a birth parent of the adoptee.

4

§ 2935 2936.  Refusal to search.

<--

5

(a)    Agency.--

6

(1)  If an agency is satisfied that a request could cause

7

physical or emotional harm to the requesting individual or

8

others, the agency may decline to conduct a search to

9

determine whether an individual will authorize the disclosure

10

of identifying information or contact under this chapter.

11

(2)  An agency may decline to commence or conduct a

12

search required under this chapter if the requester fails to

13

pay the reasonable costs associated with commencing or

14

conducting the search.

15

(3)  (i)  An agency that declines to conduct a search

16

shall refer the request to the court that finalized the

17

adoption and inform the court of its reasons for

18

declining the request.

19

(ii)  The agency shall notify the requester of the

20

referral and identify the court to which the referral was

21

made.

22

(b)  Court.--

23

(1)  If a court is satisfied that a request could cause

24

physical or emotional harm to the requesting individual or

25

others, the court receiving a request for identifying

26

information or contact may decline to perform a search.

27

(2)  A court that declines to conduct a search shall

28

inform the requesting individual of its decision in writing

29

and of the procedures for appeal of that decision.

30

§ 2936 2937.  Original birth record.

<--

- 32 -

 


1

(a)  General rule.--No disclosure of information shall be

2

made by a court, an agency, the Department of Health or any

3

other Commonwealth agency regarding an adoptee's original birth

4

record or regarding the documents or proof on which an amended

5

certificate of birth is based or relating in any way to the

6

birth parents unless the disclosure is made pursuant to the

7

provisions of this section.

8

(b)  Filing of consent to issue copy of summary of original

9

birth record.--

10

(1)  The birth parents may, at the time their parental

11

rights are terminated or at any time thereafter, place on

12

file with the court and the Department of Health a consent

13

form granting permission for the court or the Department of

14

Health to issue a copy of the summary of the adoptee's

15

original birth record, which summary discloses the identity

16

of the birth parents, at any time after the adoptee turns 18

17

years of age or, if less than 18 years of age, to the

18

adoptive parent or legal guardian.

19

(2)  If only one birth parent has filed a consent, a copy

20

of the summary of the original birth record naming only the

21

consenting birth parent shall be issued.

22

(3)  The consent of a birth parent may be withdrawn at

23

any time by filing a withdrawal of consent form with the

24

court and the Department of Health.

25

(c)  Duty of Department of Health.--The Department of Health 

26

shall prescribe by regulation the procedure and forms to be

27

utilized for the giving, updating and withdrawal of consent.

28

§ 2937 2938.  Rules and regulations.

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The department shall promulgate rules and regulations

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implementing a standardized training program for court-appointed

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1

and agency-appointed authorized representatives conducting

2

searches under this subchapter.

3

Section 6.  This act shall take effect in 60 180 days.

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