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

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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

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PRIOR PRINTER'S NOS. 1971, 1999 PRINTER'S NO. 2188
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 1360 Session of2010
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
Amending Title 23 (Domestic Relations) of the Pennsylvania
Consolidated Statutes, 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.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 2503(e), 2504(d) and 2511(c) of Title 23
of the Pennsylvania Consolidated Statutes are amended to read:
§ 2503. Hearing.
* * *
(e) Right to file personal and medical history
information.--At the time the decree of termination is
transmitted to the parent whose rights are terminated, the court
shall advise that parent, in writing, of his or her continuing
right to place and update personal and medical history
information, whether or not the medical condition is in
existence or discoverable at the time of adoption, on file with
the court and with the Department of Public Welfare pursuant to
[section 2905(d) (relating to impounding of proceedings and
access to records)] Subchapter B of Chapter 29 (relating to
records and access to information).
§ 2504. Alternative procedure for relinquishment.
* * *
(d) Right to file personal and medical history
information.--At the time the decree of termination is
transmitted to the parent, the court shall also advise, in
writing, the parent whose rights have been terminated of his or
her continuing right to place and update personal and medical
history information, whether or not the medical condition is in
existence or discoverable at the time of adoption, on file with
the court and with the Department of Public Welfare pursuant to
[section 2905(d) (relating to impounding of proceedings and
access to records)] Subchapter B of Chapter 29 (relating to
records and access to information).
§ 2511. Grounds for involuntary termination.
* * *
(c) Right to file personal and medical history
information.--At the time the decree of termination is
transmitted to the parent whose rights have been terminated, the
court shall advise the parent, in writing, of his or her
continuing right to place and update personal and medical
history information, whether or not the medical condition is in
existence or discoverable at the time of adoption, on file with
the court and with the Department of Public Welfare pursuant to
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[section 2905(d) (relating to impounding of proceedings and
access to records)] Subchapter B of Chapter 29 (relating to
records and access to information).
Section 2. Chapter 27 of Title 23 is amended by adding a
subchapter to read:
SUBCHAPTER D
VOLUNTARY AGREEMENT FOR
CONTINUING CONTACT
Sec.
2731. Purpose of subchapter.
2732. Definitions.
2733. Parties to agreement.
2734. Consent of a child.
2735. Filing and approval of an agreement.
2736. Failure to comply.
2737. Modification of agreement.
2738. Enforcement of agreement.
2739. Discontinuance of agreement.
2740. Procedures for facilitating and resolving agreements
involving a county child welfare agency.
2741. Counsel.
2742. Costs.
§ 2731. Purpose of subchapter.
The purpose of this subchapter is to provide an option for
adoptive parents and birth relatives to enter into a voluntary
agreement for ongoing communication or contact that:
(1) is in the best interest of the child;
(2) recognizes the parties' interests and desires for
ongoing communication or contact;
(3) is appropriate given the role of the parties in the
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child's life; and
(4) is subject to approval by the courts.
§ 2732. Definitions.
The following words and phrases when used in this subchapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Agency." A public or private entity, including a county
agency, that:
(1) Is is licensed, supervised or regulated by the <--
Department of Public Welfare.; and <--
(2) Provides provides adoption services. <--
"Agreement." A voluntary written agreement between an
adoptive parent and a birth relative that is approved by a court
and provides for continuing contact between a or communication <--
between the child and the birth relative or between the adoptive <--
parent and the birth relative as provided under this subchapter.
"Birth relative." A parent, grandparent, stepparent,
sibling, uncle or aunt of the child's birth family, whether the
relationship is by blood, marriage or adoption. <--
"Child." An individual who is under 18 years of age.
"County agency." A county children and youth social service
agency established under section 405 of the act of June 24, 1937
(P.L.2017, No.396), known as the County Institution District
Law, or its successor, and supervised by the Department of
Public Welfare under Article IX of the act of June 13, 1967
(P.L.31, No.21), known as the Public Welfare Code.
"Department." The Department of Public Welfare of the
Commonwealth.
§ 2733. Parties to agreement.
(a) Prospective adoptive parents and birth relatives.--A
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prospective adoptive parent of a child may enter into an
agreement with a birth relative of a the child to permit <--
continuing contact between a child and a birth relative. <--
(b) Requirements for birth relatives.--
(1) A birth relative that enters into an agreement must
have established emotional ties with the child creating an
ongoing personal relationship.
(2) If the child is under one year of age, the ongoing
personal relationship between the birth relative and the
child must have continued for at least half of the child's
life, unless the birth relative is the birth parent of the
child or communication between the child and the birth <--
relative or between the adoptive parent and the birth
relative.
(c) (b) Guardians ad litem for siblings of adoptees.--Where <--
siblings have been freed for adoption through the termination of
parental rights, following a dependency proceeding, and the
prospective adoptive parent is not adopting all of the siblings,
each such sibling who is under 18 years of age shall be
represented by a guardian ad litem in the development of an
agreement.
(c) Notification.--An agency or anyone representing the <--
parties in an adoption shall provide notification to a
prospective adoptive parent, a birth parent and a child who can
be reasonably expected to understand that a prospective adoptive
parent and a birth relative of a child have the option to enter
into a voluntary agreement for continuing contact or
communication.
(d) Construction.--Nothing in this chapter shall be
construed to prohibit the parties from agreeing to mediation of
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an agreement at their own cost, including the modification of an
agreement, before seeking a remedy from the court.
§ 2734. Consent of a child.
If the child is 12 years of age or older, an agreement made
under this subchapter may not be entered into without the
child's consent.
§ 2735. Filing and approval of an agreement.
(a) General rule.--An agreement shall be filed with the
court that finalizes the adoption of the child.
(b) Conditions for approval.--The court shall approve the
agreement if the court determines that:
(1) The agreement has been entered into knowingly and
voluntarily by all parties. An affidavit made under oath must
accompany the agreement affirmatively stating that the
agreement was entered into knowingly and voluntarily and is
not the product of coercion, fraud or duress. The affidavit
may be executed jointly or separately.
(2) The agreement is in the best interest of the child.
In making that determination, factors that the court may
consider include, but are not limited to, the following:
(i) The length of time that the child has been under
actual care, custody and control of a person other than a
birth parent and the circumstances relating thereto.
(ii) The interaction and interrelationship of the
child with birth relatives and other persons who
routinely interact with the birth relatives and may
significantly affect the child's best interests.
(iii) The adjustment to the child's home, school and
community.
(iv) The willingness and ability of the birth
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relative to respect and appreciate the bond between the
child and prospective adoptive parent.
(v) The willingness and ability of the prospective
adoptive parent to respect and appreciate the bond
between the child and the birth relative.
(vi) Any evidence of abuse or neglect of the child.
(c) Legal effect.--An agreement shall not be legally
enforceable unless approved by the court.
§ 2736. Failure to comply.
Failure to comply with the terms of an agreement that has
been approved by the court pursuant to this subchapter shall not
be grounds for setting aside an adoption decree.
§ 2737. Modification of agreement.
(a) General rule.--Only the adoptive parent or a child who
is 12 years of age or older may seek to modify an agreement by
filing an action in the court that finalized the adoption.
(b) Standard for modification.--Before the court may enter
an order modifying the agreement, it must find by clear and
convincing evidence that modification serves the needs, welfare
and best interest of the child.
§ 2738. Enforcement of agreement.
(a) General rule.--Any party to an agreement, a sibling or a
child who is the subject of an agreement may seek to enforce an
agreement by filing an action in the court that finalized the
adoption.
(b) Remedies.--Any party to an agreement, a sibling or a
child who is the subject of an agreement may request only
specific performance in seeking to enforce an agreement and may
not request monetary damages or modification of an agreement.
(c) Requirements.--For an agreement to be enforceable, it
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must be:
(1) In writing.
(2) Approved by the court on or before the date for any
adoption decree.
(3) If the child is 12 years of age or older when the
agreement is executed, the child must consent to the
agreement at the time of its execution.
(d) Prerequisites.--Before the court may enter an order
enforcing an agreement, it must find all of the following:
(1) The party seeking enforcement of the agreement is in
substantial compliance with the agreement.
(2) By clear and convincing evidence, enforcement serves
the needs, welfare and best interest of the child.
(e) Cessation of enforceability.--
(1) An agreement shall cease to be enforceable on the
date the child turns 18 years of age unless the agreement
otherwise stipulates or is modified by the court.
(2) The court issuing final approval of an agreement
shall have continuing jurisdiction over enforcement of the
agreement until the child turns 18 years of age, unless the
agreement otherwise stipulates or is modified by the court.
(f) Exclusivity of remedy.--This section constitutes the
exclusive remedy for enforcement of an agreement and no
statutory or common law remedy shall be available for
enforcement or damages in connection with an agreement.
§ 2739. Discontinuance of agreement.
(a) General rule.--A party to an agreement or a child that
is at least 12 years of age or older may seek to discontinue an
agreement by filing an action in the court that finalized the
adoption.
20100SB1360PN2188 - 8 -
(b) Standard for discontinuation.--Before the court may
enter an order discontinuing an agreement, it must find by clear
and convincing evidence that discontinuance serves the needs,
welfare and best interest of the child.
§ 2740. Procedures for facilitating and resolving agreements
involving a county child welfare agency.
(a) Department to develop procedures.--In termination of
parental rights and adoption proceedings involving a county
child welfare agency arising from a juvenile dependency case
under 42 Pa.C.S. Ch. 63 (relating to juvenile matters), the
department shall develop, in consultation with the
Administrative Office of the Pennsylvania Courts and the
Juvenile Courts Judges Commission, procedures to do the
following:
(1) Facilitate the development of an agreement, when
appropriate, before it is presented to the court.
(2) Resolve any requests to modify, enforce or
discontinue an agreement consistent with the provisions of
this subchapter.
(b) Requirements.--The procedures shall, among other
provisions to be determined by the department, clearly inform
the parties to and subject of an agreement how to seek
modification, enforcement or discontinuance of an agreement that
was approved by the court.
(c) Availability to county agencies.--The department shall
make the procedures available to county agencies no later than
180 days after the effective date of this subchapter.
§ 2741. Counsel.
(a) General rule.--In proceedings under sections 2737
(relating to modification of agreement), 2738 (relating to
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enforcement of agreement) and 2739 (relating to discontinuance
of agreement), parties shall not be entitled to court-appointed
counsel.
(b) Guardians ad litem.--
(1) Notwithstanding the provisions of subsection (a),
the court may appoint a guardian ad litem to represent the
interests of a child in proceedings under sections 2737, 2738
and 2739 and a sibling under 18 years of age who seeks to
enforce or to discontinue an agreement.
(2) When appointing a guardian ad litem under this
subchapter, the court may appoint the same attorney who
represents or has represented the child in any dependency
proceedings or termination of parental rights proceedings.
§ 2742. Costs.
If the court finds that an action brought under section 2737
(relating to modification of agreement), 2738 (relating to
enforcement of agreement) or 2739 (relating to discontinuance of
agreement) was wholly insubstantial, frivolous or not advanced
in good faith, the court may award attorney fees and costs to
the prevailing parties.
Section 3. Chapter 29 of Title 23 is amended by adding a
subchapter heading to read:
Subchapter A
General Provisions
Section 4. Sections 2905 and 2909 of Title 23 are repealed:
[§ 2905. Impounding of proceedings and access to records.
(a) General rule.--All petitions, exhibits, reports, notes
of testimony, decrees, and other papers pertaining to any
proceeding under this part or former statutes relating to
adoption shall be kept in the files of the court as a permanent
20100SB1360PN2188 - 10 -
record thereof and withheld from inspection except on an order
of court granted upon cause shown or except as otherwise
provided in this section. In the case of an adult adoptee who is
assuming a name under section 2904 (relating to name of
adoptee), an order of court is not required for the court to
forward to the Pennsylvania State Police documentation in
accordance with 54 Pa.C.S. § 702 (relating to change by order of
court). Any report required to be filed under sections 2530
(relating to home study and preplacement report), 2531 (relating
to report of intention to adopt) and 2535 (relating to
investigation) shall be made available to parties to an adoption
proceeding only after all identifying names and addresses in the
report have been extirpated by the court.
(b) Petition to court for limited information.--Upon
petition by any adoptee at least 18 years of age or, if less
than 18, his adoptive parent or legal guardian to the court in
the judicial district in which the permanent records relating to
the adoption have been impounded, the court shall furnish to the
adoptee as much information concerning the adoptee's natural
parents as will not endanger the anonymity of the natural
parents. The information shall first be reviewed, in camera, by
the court to insure that no information is revealed which would
endanger the anonymity of the natural parents. The court shall,
upon motion of the adoptee, examine the entire record to
determine if any additional information can safely be revealed
without endangering the anonymity of the natural parents.
(c) Access to identity of natural parents.--
(1) Upon petition of an adoptee at least 18 years of age
or, if less than 18, his adoptive parent or legal guardian,
the court may also, through its designated agent, attempt to
20100SB1360PN2188 - 11 -
contact the natural parents, if known, to obtain their
consent to release their identity and present place of
residence to the adoptee. The petition may state the reasons
why the adoptee desires to contact his natural parents, which
reasons shall be disclosed to the natural parents if
contacted. However, the court and its agents shall take care
that none but the natural parents themselves are informed of
the adoptee's existence and relationship to them. The court
may refuse to contact the natural parents if it believes
that, under the circumstances, there would be a substantial
risk that persons other than the natural parents would learn
of the adoptee's existence and relationship to the natural
parents. The court shall appoint either the county children
and youth agency, or a private agency which provides adoption
services in accordance with standards established by the
Department of Public Welfare, to contact the natural parents
as its designated agent.
(2) In addition to petitioning the court to contact the
natural parents, an adoptee at least 18 years of age or, if
less than 18, his adoptive parent or legal guardian may
request the agency that placed the adoptee to contact his
natural parents. If the agency agrees to attempt to contact
the natural parents, it shall do so pursuant to the same
safeguards provided for court inquiries in paragraph (1).
(3) If the court or an agency contacts the natural
parents of an adoptee pursuant to a petition or request made
under paragraph (1) or (2), except as hereinafter provided,
information relating to both natural parents shall only be
disclosed to the adoptee if both natural parents agree to the
disclosure. If both of the natural parents are deceased,
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their identities may be disclosed. If one parent is deceased,
his or her identity may be disclosed. If only one parent
agrees to the disclosure, then only the information relating
to the agreeing parent shall be disclosed.
(4) The Department of Public Welfare may, by regulation,
prescribe procedures related to contact of natural parents by
designated agents of the court.
(d) Disclosure of information.--
(1) No disclosure of information shall be made by the
court, an agency, the Department of Health or any other
Commonwealth agency regarding the adopted person's original
certificate of birth or regarding the documents of proof on
which the amended certificate of birth is based or relating
in any way to the natural parents unless the disclosure is
made pursuant to the provisions of this section.
(2) Notwithstanding any other provision in this section
to the contrary, the natural parents may, at the time of the
termination of their parental rights pursuant to Chapter 25
(relating to proceedings prior to petition to adopt) or at
any time thereafter, place on file, with the court and with
the Department of Health, a consent form granting permission
for the court or the department to disclose the information
contained in the adoptee's original certificate of birth, or
any other identifying or nonidentifying information
pertaining to the natural parents, at any time after the
adoptee attains the age of 18 or, if less than 18, to his
adoptive parent or legal guardian. If both parents give their
consent, the information on the birth certificate may be
disclosed. If only one parent gives consent, only the
identity of the consenting parent shall be disclosed. The
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natural parents shall be entitled to update those records, as
necessary, to reflect the natural parent's current address or
any other information pertaining to the natural parents. The
information may only be disclosed upon the request of the
adoptee or his adoptive parent or legal guardian, and the
consent of the natural parents may be withdrawn at any time
by filing a withdrawal of consent form with the court and the
department. The department shall prescribe by regulation the
procedure and forms to be utilized for the giving, updating
and withdrawal of the consent.
(3) An adoptee at least 18 years of age or, if less than
18 years of age, the parent or legal guardian of the adoptee
shall have access to any original or updated medical history
information on file with the court which entered the decree
of termination or the Department of Public Welfare. No
medical history information shall be released which would
endanger the anonymity of the natural parents.
§ 2909. Medical history information.
(a) Delivery of information.--Prior to the finalization of
an adoption, medical history information shall, where
practicable, be delivered by the attending physician or other
designated person to the intermediary who shall deliver such
information to the adopting parents or their physician. In cases
where there is no intermediary, medical history information
shall be delivered directly to the adopting parents or their
physician.
(b) Editing of information.--Except as provided in section
2905 (relating to impounding of proceedings and access to
records), medical history information shall be edited before
delivery or release by the Department of Public Welfare so as to
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remove any contents which would identify the adoptee's natural
family.
(c) Availability of information forms.--The Department of
Public Welfare shall, upon request, make available to courts,
adoption agencies and individuals medical history information
forms that enable parents whose rights have been terminated to
register and update medical history information with the
Department of Public Welfare and with the court which entered
the decree of termination.
(d) Regulations.--The Department of Public Welfare shall, in
consultation with the Department of Health, prescribe by
regulation the procedure to be utilized and to develop the
content of medical history information forms.]
Section 5. Chapter 29 of Title 23 is amended by adding
subchapters to read:
SUBCHAPTER B
Records and Access to Information
Sec.
2911. Definitions.
2912. Combined request for information.
2913. Reasonable fees.
2914. Immunity from liability.
2915. Court and agency records.
2916. Attorney records.
§ 2911. Definitions.
The following words and phrases when used in this subchapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Agency records." All information collected by an agency
relating to a birth family, an adoptive family and an adoptee.
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"Authorization form." A form provided by the department on
which an adoptee, an adoptive parent or a birth relative can
authorize or prohibit the release of identifying information
pursuant to the requirements of this chapter.
"Authorized representative." An individual who is appointed
to conduct a search under this chapter and who has completed a
standardized training program as required by the department
under this chapter.
"Court records." All petitions, exhibits, reports, notes of
testimony, decrees and other papers pertaining to a proceeding
under this chapter or former statutes relating to adoption.
"Department." The Department of Public Welfare of the
Commonwealth.
"Medical history information." Medical records and other
information concerning an adoptee or an adoptee's birth family
that is relevant to the present or future health care or medical
treatment of the adoptee or the adoptee's birth family. The term
includes, but is not limited to, the following:
(1) Otherwise confidential or privileged information, if
identifying information has been removed under section 2925
(relating to providing information from registry).
(2) Information about the birth parents of a child that
may concern a potential hereditary or congenital medical
problem.
"Social history information." The term includes, but is not
limited to, the following:
(1) Information about the adoptee and birth relatives of
the adoptee, including economic, cultural and ethnic
information.
(2) A developmental history of the adoptee, including
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the circumstances at birth, early development and subsequent
age-appropriate task development.
(3) The social experiences of the adoptee, including
abuse and neglect, out-of-home care and patterns of
interpersonal relationships.
(4) The educational experiences of the adoptee,
including the name of schools attended and dates of
enrollment, academic performance, extracurricular activities
and special interests.
(5) The current functioning of the adoptee, including
behavioral patterns and relationships.
(6) The circumstances surrounding the adoption.
"Summary of original birth record." The summary of original
birth record, consisting of only the names and ages of the birth
parents, the date and county of the birth of the child and the
name of the child given at birth.
§ 2912. Combined request for information.
An individual may file a single written request for <--
authorized to receive both nonidentifying information and <--
identifying information may file a single written request under <--
Subchapter D (relating to release of information).
§ 2913. Reasonable fees.
Any court or agency may charge reasonable fees for services
provided under this chapter.
§ 2914. Immunity from liability.
(a) General rule.--A person or agency, including the
Commonwealth and any of its governmental subdivisions, that
participates in good faith in providing services under this
chapter has immunity from civil liability that may otherwise
result by reason of an action or a failure to act under this
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chapter.
(b) Presumption of good faith.--For the purpose of a civil
proceeding, the good faith of any person or agency that provides
services pursuant to this chapter is presumed.
§ 2915. Court and agency records.
(a) General rule.--All court and agency records shall be
maintained as a permanent record and withheld from inspection
except as provided under this chapter.
(b) Agency records.-- <--
(1) An agency shall forward its records to the
department under any of the following circumstances:
(i) The agency ceases to provide adoption services.
(ii) The agency decides to dispose of records.
(2) An agency shall provide at least 30 days' notice to
the department prior to forwarding its records.
(3) The department shall retain as a permanent record
all agency records forwarded to it.
(c) (b) Who may access court or agency records.--Only the <--
following are authorized to access court or agency records for
the purpose of releasing nonidentifying or identifying
information under this chapter:
(1) The court which finalized the adoption.
(2) The agency that coordinated the adoption.
(3) A successor agency authorized by the court which
finalized the adoption.
(c) Disposition of agency records upon closure.-- <--
(1) As soon as practicable, but not less than 30 days
prior to the date on which an agency ceases to operate as a
legal entity in this Commonwealth, the agency shall, unless
it has applied to operate as a new legal entity, notify the
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department of its intention to cease operating.
(2) Within this time period, the agency shall submit a
plan to the department relating to the closure and transfer
of case records to another agency. The plan shall be subject
to approval by the department.
(3) In preparation for its closure and transfer of case
records, the agency shall label its case records to identify
the respective court that finalized an adoption or where a
petition to terminate parental rights or to adopt has been
filed.
(4) The department shall notify each court so identified
by the agency of the name, address and telephone number of
the agency to which case records have been transferred.
§ 2916. Attorney records.
An attorney representing a party to an adoption proceeding or
acting as counsel or guardian ad litem for a child in a
proceeding under this part may forward records and information
relating to the child, the child's birth family and the adoptive
family to the court which finalized the adoption, as established
by general rule by the Supreme Court. Such records and
information shall be treated as court records for purposes of
this chapter.
SUBCHAPTER C
INFORMATION REGISTRY
Sec.
2921. Establishment of registry.
2922. Informational material.
2923. Filing information with registry.
2924. Who may request information from registry.
2925. Providing information from registry.
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2926. Rules and regulations.
§ 2921. Establishment of registry.
The department shall do all of the following:
(1) Establish a Statewide confidential registry for the
receipt, filing and retention of medical and social history
information and authorization forms for all adoptions
finalized or registered in this Commonwealth as of the <--
effective date of this subchapter.
(2) Prescribe and distribute forms on which an adoptee,
an adoptive parent and a birth parent may:
(i) Request identifying information or contact.
(ii) Authorize or refuse to authorize the release of
identifying information or contact.
(iii) File and update information with the registry.
(3) Retain information filed with the registry as a
permanent record.
(4) Disseminate the information pursuant to the
requirements of this subchapter.
§ 2922. Informational material.
The department shall publicize the availability of the
registry and the manner in which information may be filed with
and obtained from the registry.
§ 2923. Filing information with registry.
An adoptee, an adoptive parent and a birth parent may at any
time file and update medical and social history information with
the registry on a form developed by the department.
§ 2924. Who may request information from registry.
The following individuals may request information from the
registry:
(1) An adoptee who is at least 18 years of age.
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(2) An adoptive parent of an adoptee who is under 18
years of age, adjudicated incapacitated or deceased.
(3) A legal guardian of an adoptee who is under 18 years
of age or adjudicated incapacitated.
(4) A descendant of a deceased adoptee.
(5) The birth parent of an adoptee who is at least 21
years of age.
(6) A parent of a birth parent of an adoptee who is at
least 21 years of age if the birth parent consents, is
adjudicated incapacitated or is deceased.
(7) A birth sibling of an adoptee, if both the birth
sibling and adoptee are at least 21 years of age, and:
(i) the birth sibling remained in the custody of the
birth parent and the birth parent consents, is deceased
or adjudicated incapacitated;
(ii) both the birth sibling and adoptee were adopted
out of the same birth family; or
(iii) the birth sibling was not adopted out of the
birth family and did not remain in the custody of the
birth parent.
§ 2925. Providing information from registry.
(a) Nonidentifying information.--Nonidentifying information,
if available, shall be provided to the requester within 30 days
of the request.
(b) Identifying information.--
(1) If an authorization form is on file, the department
shall notify the requester within 30 days of the request
whether information may be released.
(2) If there is no authorization on file, the department
shall designate an authorized representative to:
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(i) Use reasonable efforts to locate the subject of
the request.
(ii) If the subject of the request is located,
obtain written authorization from the subject before any
information is released.
(c) Confidentiality of information.--In conducting a search, <--
the court or agency shall ensure that no individual, other than
a birth parent, is informed of the adoptee's existence and
relationship to the birth parent.
(d) When inquiry not mandatory.--An authorized
representative of the court or agency conducting a search may
not make an inquiry which the representative reasonably believes
may compromise the confidentiality relating to the relationship
between the adoptee and a birth parent of the adoptee.
(c) (e) Authorization form.--An authorization form allowing <--
the release of identifying information may be withdrawn at any
time by the individual who signed the authorization form.
(d) (f) Editing information.--Before the release of <--
information from the registry, the department shall remove any
identifying information, unless authorized in writing by the
subject of the information to release the identifying
information.
§ 2926. Rules and regulations.
The department shall promulgate rules and regulations
necessary to implement this subchapter. The department may
request, but shall not require, an agency to submit medical and
social history information for adoptions finalized or registered
in this Commonwealth prior to the effective date of this
subchapter.
SUBCHAPTER D
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RELEASE OF INFORMATION
Sec.
2931. Nonidentifying information. <--
2932. Identifying information.
2933. Statement of medical and social history information.
2934. Confidentiality.
2935. Refusal to search.
2936. Original birth record.
2937. Rules and regulations.
§ 2931. Nonidentifying information.
(a) Who may request.--The following individuals may file a
written request for nonidentifying information with the court
which finalized an adoption, the agency which coordinated the
adoption or its successor agency by merger or acquisition:
(1) An adoptee who is 18 years of age or older.
(2) An adoptive parent of an adoptee who is:
(i) under 18 years of age;
(ii) adjudicated incapacitated and is at least 18
years of age; or
(iii) deceased.
(3) A legal guardian of an adoptee who is under 18 years
of age or adjudicated incapacitated.
(4) A descendant of a deceased adoptee.
2931. Access to information. <--
2932. Nonidentifying information.
2933. Identifying information.
2934. Statement of medical and social history information.
2935. Confidentiality.
2936. Refusal to search.
2937. Original birth record.
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2938. Rules and regulations.
§ 2931. Access to information.
(a) Who may access information.--The following individuals
may file a written request for nonidentifying information or
identifying information or contact with the court which
finalized the adoption, the agency which coordinated the
adoption or a successor agency:
(1) An adoptee who is at least 18 years of age.
(2) An adoptive parent of an adoptee who is:
(i) under 18 years of age;
(ii) adjudicated incapacitated and is 18 years of
age or older; or
(iii) deceased.
(3) A legal guardian of an adoptee who is under 18 years
of age or adjudicated incapacitated.
(4) A descendant of a deceased adoptee.
(5) A birth parent of an adoptee who is 21 years of age
or older.
(6) A parent of a birth parent of an adoptee who is 21
years of age or older, if the birth parent consents, is
adjudicated incapacitated or is deceased.
(7) A birth sibling of an adoptee, if both the birth
sibling and adoptee are 21 years of age or older and:
(i) the birth sibling remained in the custody of the
birth parent and the birth parent consents, is deceased
or adjudicated incapacitated;
(ii) both the birth sibling and the adoptee were
adopted out of the same birth family; or
(iii) the birth sibling was not adopted out of the
birth family and did not remain in the custody of the
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birth parent.
(b) Who may be the subject of a request for information.--An
individual enumerated under subsection (a) may request
nonidentifying or identifying information regarding or contact
with the following individuals:
(1) An adoptee who is 21 years of age or older.
(2) A birth parent of an adoptee.
(3) A parent of a birth parent of an adoptee who is 21
years of age or older, if the birth parent consents, is
adjudicated incapacitated or is deceased.
(4) A birth sibling of an adoptee, if both the birth
sibling and the adoptee are 21 years of age or older and:
(i) the birth sibling remained in the custody of the
birth parent and the birth parent consents, is deceased
or adjudicated incapacitated;
(ii) both the birth sibling and the adoptee were
adopted out of the same birth family; or
(iii) the birth sibling was not adopted out of the
birth family and did not remain in the custody of the
birth parent.
§ 2932. Nonidentifying information.
(b) (a) Notice of receipt of request.--When the court or <--
agency receives a written request for nonidentifying
information, it shall, within 30 days, notify the individual
requesting the information of its receipt of the request.
(c) (b) Furnishing nonidentifying information.--The court or <--
agency shall, within 120 days, review its records and furnish to
the requester any information concerning the adoption that will
not compromise the confidentiality of the relationship between
the adoptee and the adoptee's birth parent.
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§ 2932 2933. Identifying information. <--
(a) Who may request.--The following individuals may file a <--
written request for identifying information or contact with the
court which finalized an adoption, the agency which coordinated
the adoption or a successor agency:
(1) An adoptee who is at least 18 years of age.
(2) An adoptive parent of an adoptee who is:
(i) under 18 years of age;
(ii) adjudicated incapacitated and is 18 years of
age or older; or
(iii) deceased.
(3) A legal guardian of an adoptee who is under 18 years
of age or adjudicated incapacitated.
(4) A descendant of a deceased adoptee.
(5) A birth parent of an adoptee who is 21 years of age
or older.
(6) A parent of a birth parent of an adoptee who is 21
years of age or older, if the birth parent consents, is
adjudicated incapacitated or is deceased.
(7) A birth sibling of an adoptee, if both the birth
sibling and adoptee are 21 years of age or older and:
(i) the birth sibling remained in the custody of the
birth parent and the birth parent consents, is deceased
or adjudicated incapacitated;
(ii) both the birth sibling and adoptee were adopted
out of the same birth family; or
(iii) the birth sibling was not adopted out of the
birth family and did not remain in the custody of the
birth parent.
(b) Who may be the subject of a request.--An individual
20100SB1360PN2188 - 26 -
under subsection (a) may request identifying information
regarding or contact with the following individuals:
(1) An adoptee who is 21 years of age or older.
(2) A birth parent of an adoptee.
(3) A parent of a birth parent of an adoptee who is 21
years of age or older, if the birth parent consents, is
adjudicated incapacitated or is deceased.
(4) A birth sibling of an adoptee, if both the birth
sibling and adoptee are 21 years of age or older and:
(i) the birth sibling remained in the custody of the
birth parent and the birth parent consents, is deceased
or adjudicated incapacitated;
(ii) both the birth sibling and adoptee were adopted
out of the same birth family; or
(iii) the birth sibling was not adopted out of the
birth family and did not remain in the custody of the
birth parent.
(c) (a) Notice of availability of records.--The court or <--
agency shall, within 120 days of receiving a written request for
identifying information or contact, do all of the following:
(1) Determine whether it has in its possession any
records relating to the adoptee.
(2) Conduct a good faith search for identifying
information, which search shall be commenced within 180 120 <--
days. The search for information shall only be conducted by
an authorized representative appointed by:
(i) the court in which the adoption was finalized;
(ii) the agency that coordinated the adoption;
(iii) a successor, by merger or acquisition, of the
agency that coordinated the adoption; or
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(iv) if neither the agency nor a successor exists,
by an agency authorized by the court.
The authorized representative shall review the court and
agency record for identifying information regarding the birth
or adoptive family and shall determine whether an
authorization form has been filed with the court or agency.
(3) Notify any other court or agency listed in its
records of the existence of the request for identifying
information.
(4) Ask any other court or agency listed in its records
to advise if an authorization form has been filed.
(5) Contact the information registry established under
Subchapter C (relating to information registry), advise the
registry of the request for identifying information and ask
whether an authorization form has been filed.
(6) Notify the requesting individual of its findings
pursuant to this subsection.
(d) (b) No authorization form.--If an applicable <--
authorization form is not located, all of the following apply:
(1) The authorized representative shall use reasonable
efforts to locate the subject of the search.
(2) If the subject of the search is located, the
authorized representative shall obtain written authorization
from the subject before any identifying information is
released or contact between the parties is made.
(3) If the requester is an adoptee seeking the identity
of a birth parent, the identity of a deceased birth parent
may be disclosed.
(4) If the requester is an adoptee seeking the identity
of both birth parents and only one birth parent agrees to the
20100SB1360PN2188 - 28 -
disclosure, only the information relating to that birth
parent shall be disclosed.
(e) (c) Withdrawal of authorization form.--An individual may <--
withdraw the individual's authorization form at any time.
§ 2933 2934. Statement of medical and social history <--
information.
(a) Filing places.--A statement regarding medical and social
history information may be filed with the following:
(1) The court that terminated parental rights.
(2) The court that finalized the adoption.
(3) The agency that coordinated the adoption.
(4) The information registry established under
Subchapter C (relating to information registry).
(b) Individuals authorized to file and request.--The
following individuals may at any time file, update and request a
statement regarding medical and social history information:
(1) An adoptee who is 18 years of age or older.
(2) An adoptive parent or legal guardian of an adoptee
who is under 18 years of age or adjudicated incapacitated.
(3) A descendant of a deceased adoptee.
(4) A birth parent.
(5) A legal guardian of an adjudicated incapacitated
birth parent.
(6) A survivor of a deceased birth parent.
(c) Maintenance of record.--A statement regarding medical
and social history information shall be maintained as a
permanent record.
(d) Forwarding statement.--If a statement regarding medical
and social history information is filed in the court that
terminated parental rights, a copy of the statement shall be
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forwarded to the court that finalized the adoption and the
information registry established under Subchapter C.
(e) Notice of filing.--
(1) Within 30 days of filing of a statement regarding
medical and social history information, the court, agency or
information registry shall give notice of its receipt to the
individual who filed the statement.
(2) Within 120 days after a statement is filed, the
court, agency or information registry shall give notice of
the filing to the individual to who is at least 21 years of <--
age and whom the information is intended to benefit, if known
or identified in its records.
(f) Request for information.--
(1) When the court or agency receives a written request
for medical and social history information, it shall notify
the requester within 120 days whether it possesses any
medical and social history information relating to the
adoption.
(2) Within 120 days of locating medical and social
history information, the court or agency shall do the
following:
(i) For nonidentifying information, review and
furnish to the requester any medical and social history
information that will not compromise the confidentiality
of the relationship between the adoptee and the adoptee's
birth parent.
(ii) For identifying information, if an
authorization form is on file with the court, agency or
information registry, furnish to the requester the
available identifying information in its records.
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(g) No information or authorization form on file.--If a
court or agency receives a request for medical and social
history information and finds that no such information is in its
records or that no authorization form is on file, the court or
agency shall do the following:
(1) Contact the subject of the request and ask that the
subject:
(i) provide nonidentifying information for the
benefit of the requester; or
(ii) file an authorization form.
(2) If the subject of the request cannot be located from
information contained in the court records, appoint an
authorized representative to use reasonable efforts to locate
the subject.
(3) If nonidentifying information is provided by the
subject of the request, provide the nonidentifying
information to the requester.
(4) If an authorization form is filed, provide
identifying information to the requester.
(h) Deceased birth parent.--If the requester is an adoptee <--
seeking information about a birth parent and the birth parent is
deceased, any information on file regarding the deceased birth
parent may be disclosed.
§ 2934 2935. Confidentiality. <--
(a) General rule.--In conducting a search, the court or
agency shall ensure that no individual, other than a birth
parent, is informed of the adoptee's existence and relationship
to the birth parent of the adoptee.
(b) When inquiry not mandatory.--An authorized
representative of the court or agency conducting a search may
20100SB1360PN2188 - 31 -
not make an inquiry which the representative reasonably believes
may compromise the confidentiality relating to the relationship
between the adoptee and a birth parent of the adoptee.
§ 2935 2936. Refusal to search. <--
(a) Agency.--
(1) If an agency is satisfied that a request could cause
physical or emotional harm to the requesting individual or
others, the agency may decline to conduct a search to
determine whether an individual will authorize the disclosure
of identifying information or contact under this chapter.
(2) An agency may decline to commence or conduct a
search required under this chapter if the requester fails to
pay the reasonable costs associated with commencing or
conducting the search.
(3) (i) An agency that declines to conduct a search
shall refer the request to the court that finalized the
adoption and inform the court of its reasons for
declining the request.
(ii) The agency shall notify the requester of the
referral and identify the court to which the referral was
made.
(b) Court.--
(1) If a court is satisfied that a request could cause
physical or emotional harm to the requesting individual or
others, the court receiving a request for identifying
information or contact may decline to perform a search.
(2) A court that declines to conduct a search shall
inform the requesting individual of its decision in writing
and of the procedures for appeal of that decision.
§ 2936 2937. Original birth record. <--
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(a) General rule.--No disclosure of information shall be
made by a court, an agency, the Department of Health or any
other Commonwealth agency regarding an adoptee's original birth
record or regarding the documents or proof on which an amended
certificate of birth is based or relating in any way to the
birth parents unless the disclosure is made pursuant to the
provisions of this section.
(b) Filing of consent to issue copy of summary of original
birth record.--
(1) The birth parents may, at the time their parental
rights are terminated or at any time thereafter, place on
file with the court and the Department of Health a consent
form granting permission for the court or the Department of
Health to issue a copy of the summary of the adoptee's
original birth record, which summary discloses the identity
of the birth parents, at any time after the adoptee turns 18
years of age or, if less than 18 years of age, to the
adoptive parent or legal guardian.
(2) If only one birth parent has filed a consent, a copy
of the summary of the original birth record naming only the
consenting birth parent shall be issued.
(3) The consent of a birth parent may be withdrawn at
any time by filing a withdrawal of consent form with the
court and the Department of Health.
(c) Duty of Department of Health.--The Department of Health
shall prescribe by regulation the procedure and forms to be
utilized for the giving, updating and withdrawal of consent.
§ 2937 2938. Rules and regulations. <--
The department shall promulgate rules and regulations
implementing a standardized training program for court-appointed
20100SB1360PN2188 - 33 -
and agency-appointed authorized representatives conducting
searches under this subchapter.
Section 6. This act shall take effect in 60 180 days. <--
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