Bill Text: PA HB448 | 2011-2012 | Regular Session | Introduced

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Bill Title: In adoption, further providing for hearing and for procedure for relinquishment of parental rights.

Spectrum: Slight Partisan Bill (Republican 5-3)

Status: (Introduced - Dead) 2011-02-04 - Referred to CHILDREN AND YOUTH [HB448 Detail]

Download: Pennsylvania-2011-HB448-Introduced.html

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PRINTER'S NO. 419
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 448 Session of2011
INTRODUCED BY PETRI, CALTAGIRONE, D. COSTA, DENLINGER, GEIST, MURT AND RAPP, FEBRUARY 4, 2011
REFERRED TO COMMITTEE ON CHILDREN AND YOUTH, FEBRUARY 4, 2011
AN ACT
Amending Title 23 (Domestic Relations) of the Pennsylvania
Consolidated Statutes, in adoption, further providing for
hearing and for procedure for relinquishment of parental
rights.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 2503 of Title 23 of the Pennsylvania
Consolidated Statutes is repealed:
[§ 2503. Hearing.
(a) General rule.--Upon presentation of a petition prepared
pursuant to section 2501 (relating to relinquishment to agency)
or section 2502 (relating to relinquishment to adult intending
to adopt child), the court shall fix a time for hearing which
shall not be less than ten days after filing of the petition.
The petitioner must appear at the hearing.
(b) Notice.--
(1) At least ten days' notice of the hearing shall be
given to the petitioner, and a copy of the notice shall be
given to the other parent, to the putative father whose
parental rights could be terminated pursuant to subsection
(d) and to the parents or guardian of a petitioner who has
not reached 18 years of age.
(2) The notice to the petitioner shall state the
following:
"To: (insert petitioner's name)
A petition has been filed asking the court to put an
end to all rights you have to your child (insert name of
child). The court has set a hearing to consider ending
your rights to your child. That hearing will be held in
(insert place, giving reference to exact room and
building number or designation) on (insert date) at
(insert time). Your presence is required at the hearing.
You have a right to be represented at the hearing by a
lawyer. You should take this paper to your lawyer at
once. If you do not have a lawyer or cannot afford one,
go to or telephone the office set forth below to find out
where you can get legal help.
(Name)....................
(Address).................
..........................
(Telephone number)........"
(3) The copy of the notice which is given to the
putative father shall state that his rights may also be
subject to termination pursuant to subsection (d) if he fails
to file either an acknowledgment of paternity or claim of
paternity pursuant to section 5103 (relating to
acknowledgment and claim of paternity) and fails to either
appear at the hearing for the purpose of objecting to the
termination of his rights or file a written objection to such
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termination with the court prior to the hearing.
(c) Decree.--After hearing, which shall be private, the
court may enter a decree of termination of parental rights in
the case of their relinquishment to an adult or a decree of
termination of parental rights and duties, including the
obligation of support, in the case of their relinquishment to an
agency.
(d) Putative father.--If a putative father will not file a
petition to voluntarily relinquish his parental rights pursuant
to section 2501 (relating to relinquishment to agency) or 2502
(relating to relinquishment to adult intending to adopt child),
has been given notice of the hearing being held pursuant to this
section and fails to either appear at that hearing for the
purpose of objecting to termination of his parental rights or
file a written objection to such termination with the court
prior to the hearing and has not filed an acknowledgment of
paternity or claim of paternity pursuant to section 5103, the
court may enter a decree terminating the parental rights of the
putative father pursuant to subsection (c).
(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).]
Section 2. Section 2504 heading, (a), (b) and (c) of Title
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23 are amended to read:
§ 2504. [Alternative procedure] Procedure for relinquishment.
(a) Petition to confirm consent to adoption.--If the parent
or parents of the child have executed consents to an adoption,
upon petition by the intermediary or, where there is no
intermediary, by the adoptive parent, the court shall [hold a
hearing for the purpose of confirming a] confirm the consent to
an adoption upon expiration of the time periods under section
2711 (relating to consents necessary to adoption)[.] and, in the
case of relinquishment of parental rights to an adult, the court
may enter a decree of termination of parental rights or, in the
case of relinquishment of parental rights to an agency, a decree
of termination of parental rights and duties, including the
obligation of support. The original consent or consents to the
adoption shall be attached to the petition.
[(b) Hearing.--Upon presentation of a petition filed
pursuant to this section, the court shall fix a time for a
hearing which shall not be less than ten days after filing of
the petition. Notice of the hearing shall be by personal service
or by registered mail or by such other means as the court may
require upon the consenter and shall be in the form provided in
section 2513(b) (relating to hearing). Notice of the hearing
shall be given to the other parent or parents, to the putative
father whose parental rights could be terminated pursuant to
subsection (c) and to the parents or guardian of a consenting
parent who has not reached 18 years of age. The notice shall
state that the consenting parent's or putative father's rights
may be terminated as a result of the hearing. After hearing,
which shall be private, the court may enter a decree of
termination of parental rights in the case of a relinquishment
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to an adult or a decree of termination of parental rights and
duties, including the obligation of support, in the case of a
relinquishment to an agency.]
(c) Putative father.--If a putative father will not execute
a consent to an adoption as required by section 2711, has been
given notice of the hearing being held pursuant to [this
section] section 2513 (relating to hearing) and fails to either
appear at that hearing for the purpose of objecting to
termination of his parental rights or file a written objection
to such termination with the court prior to the hearing and has
not filed an acknowledgment of paternity or claim of paternity
pursuant to section 5103 (relating to acknowledgment and claim
of paternity), the court may enter a decree terminating the
parental rights of the putative father [pursuant to subsection
(b)].
* * *
Section 3. This act shall take effect in 60 days.
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