HB 133 — An Act amending Title 23 (Domestic Relations) of the Pennsylvania Consolidated Statutes, in proceedings prior to petition to adopt, further providing for relinquishment to adult intending to adopt child, for alternative procedure for relinquishment and for petition for involuntary termination; and providing for reinstatement of parental rights.

PRIOR PRINTER'S NO.

2320 PRINTER'STHE NO.GENERAL ASSEMBLY OF PENNSYLVANIA HOUSE BILL Session of No.

3480133 THE2025 GENERALINTRODUCED ASSEMBLYBY OFKRAJEWSKI, PENNSYLVANIADELOZIER, HOUSEWAXMAN, BILLHILL-EVANS, SessionWEBSTER, McNEILL, SAMUELSON, RIVERA, SANCHEZ, FIEDLER, CEPEDA-FREYTIZ, HOWARD AND HOHENSTEIN, SEPTEMBER 17, 2025 REFERRED TO COMMITTEE ON CHILDREN AND YOUTH, SEPTEMBER 22, 2025 AN ACT Amending Title 23 (Domestic Relations) of No.the Pennsylvania Consolidated Statutes, in proceedings prior to petition to adopt, further providing for relinquishment to adult intending to adopt child, for alternative procedure for and providing for reinstatement of parental rights.mination;

133 2025 INTRODUCED BY KRAJEWSKI, DELOZIER, WAXMAN, HILL-EVANS, WEBSTER, McNEILL, SAMUELSON, RIVERA, SANCHEZ, FIEDLER, CEPEDA-FREYTIZ, HOWARD, HOHENSTEIN AND GREEN, SEPTEMBER 17, 2025 AS REPORTED FROM COMMITTEE ON CHILDREN AND YOUTH, HOUSE OF REPRESENTATIVES, AS AMENDED, JUNE 2, 2026 AN ACT Amending Title 23 (Domestic Relations) of the Pennsylvania Consolidated Statutes, in proceedings prior to petition to adopt, further providing for relinquishment to adult relinquishment and for petition for involuntary termination;

and providing for reinstatement of parental rights.

* * * (3) If the petitioner is a parent and section 2514 (relating to special provisions when child conceived as a result of rape or incest) applies, or if the petitioner is an agency, or if the petitioner is a party under section 20250HB0133PN348020250HB0133PN2320 - 2 - 3001(a), the petitioner shall not be required to aver that an adoption is presently contemplated nor that a person with a present intention to adopt exists.

(a) Persons who may file.--The following persons may file a petition with the court under this chapter to reinstate the parental rights of a former parent whose parental rights were terminated by the agency under Subchapter A of Chapter 25 (relating to voluntary relinquishment) or Subchapter B of Chapter 25 (relating to involuntary termination),termination): UNLESS THE <-- FORMER PARENT'S PARENTAL RIGHTS WERE PREVIOUSLY INVOLUNTARILY TERMINATED UNDER SECTION 2511(A)(7), (9), (10) OR (11) (RELATING TO GROUNDS FOR INVOLUNTARY TERMINATION):

(2) the child or former child or an attorney <-- representing the child who is the subject of the petition;

or (2)(3) IFthe THEformer CHILDparent ISwhose ATparental LEASTrights 14were YEARSvoluntarily OFrelinquished AGE,or THEinvoluntarily CHILD,terminated, <--or FORMERan CHILDattorney ORrepresenting ANthe ATTORNEYformer REPRESENTINGparent. THE CHILD WHO IS THE SUBJECT OF THE PETITION;

OR (3) the former parent whose parental rights were voluntarily relinquished or involuntarily terminated, or an 20250HB0133PN3480 - 3 - attorney representing the former parent.

and 20250HB0133PN2320 - 3 - (3) at least one year has 15 MONTHS HAVE elapsed since <-- entry of the order terminating parental rights, or the child is at least 17 years of age, and one of the following applies:

(iii) the child is no longer in the care of the adoptive parentparent; AND THE ADOPTIVE PARENT IS NOT PERFORMING <-- PARENTAL DUTIES AND REUNIFICATION WITH THE ADOPTIVE PARENT IS NOT IMMINENT;

20250HB0133PN3480 - 4 - (2) the name, date of birth and current residence address of the former parent whose parental rights are sought to be reinstated;

(5) a summary statement of the facts and evidence that 20250HB0133PN2320 - 4 - the petitioner believes demonstrate the former parent whose parental rights are sought to be reinstated is willing and able to provide day-to-day care and maintain the child's health, safety and welfare;

(6) a statement of the former parent whose parental rights are sought to be reinstated requesting the reinstatement of parental rights or an averment that, despite <-- good faith efforts, the statement cannot be obtained;

and (10) if the child has been adopted, an averment stating whether a petition regarding the adoptive parent under section 2501, 2502 or 2504, or a petition under section 2512, 20250HB0133PN3480 - 5 - has been or will be filed, and whether it is filed concurrently with or before the petition for reinstatement of parental rights.

(4) if the former parent is not the petitioner, the 20250HB0133PN2320 - 5 - former parent whose parental rights are sought to be reinstated;

(E) INVESTIGATION.--WHEN A PETITION FOR REINSTATEMENT OF <-- PARENTAL RIGHTS HAS BEEN FILED, THE COURT MAY CAUSE AN INVESTIGATION TO BE MADE AND A REPORT TO BE FILED BY A LOCAL PUBLIC CHILD CARE AGENCY, A VOLUNTARY CHILD CARE AGENCY WITH THE COURT'S CONSENT OR AN APPROPRIATE PERSON DESIGNATED BY THE COURT.

THE FOLLOWING SHALL APPLY:

(1) THE INVESTIGATION SHALL COVER ALL PERTINENT INFORMATION REGARDING THE CHILD'S ELIGIBILITY FOR REINSTATEMENT OF PARENTAL RIGHTS AND THE SUITABILITY OF THE HOME, INCLUDING THE PHYSICAL, MENTAL AND EMOTIONAL NEEDS AND WELFARE OF THE CHILD.

(2) THE COURT MAY ESTABLISH THE PROCEDURE FOR THE PAYMENT OF COSTS OF THE INVESTIGATION.

THE COSTS SHALL BE 20250HB0133PN3480 - 6 - WAIVED FOR PARTIES ELIGIBLE FOR IN FORMA PAUPERIS STATUS.

20250HB0133PN2320 - 6 - (2) The court shall appoint counsel on behalf of the former parent no later than upon service of notice of the petition as required in section 3001 (relating to petition).

(a) Prehearing conference.--Upon the filing of a petition under this chapter, the court shall conduct a prehearing conference not later than 30 days after filing to determine 20250HB0133PN3480 - 7 - compliance with sections 3001 (relating to petition) and 3002 (relating to representation), identify the issues for hearing and resolve discovery matters.

20250HB0133PN2320 - 7 - (3) If the child is 12 years of age or older, the child shall appear at the hearing.

(4) Subject to subsection (c), the court may grant the 20250HB0133PN3480 - 8 - petition and order reinstatement of the former parent's parental rights only if the court finds by clear and convincing evidence the following factors:

(II)(ii) MATERIALat CHANGESleast INone CIRCUMSTANCESof RELATEDthe TOfollowing <--applies: THE TERMINATION OF PARENTAL RIGHTS WHICH HAVE OCCURRED SINCE THE DATE OF THE TERMINATION OF PARENTAL RIGHTS;

(ii)(A) (III)the atchild leasthas onenot ofbeen theadopted; following applies:

<-- (A) the child has not been adopted;

(iii) (IV) if the child is 12 years of age or older, <-- the child consents to the reinstatement and desires to reside with the parent;

and (iv) (V) the former parent is willing and able to <-- provide day-to-day care and maintain the child's health, safety and welfare.

(c) Additional considerations by the court.--In determining whether to grant a petition under this chapter relating to a 20250HB0133PN2320 - 8 - child who is under 12 years of age on the date the petition is filed, the court shall consider, in addition to the factors described in subsection (b)(4):

(1) the child's age, maturity and ability to express a 20250HB0133PN3480 - 9 - preference;

(ii) A person may not waive the revocation period 20250HB0133PN2320 - 9 - under subparagraph (i).

(A) A person who executed a consent to reinstatement may challenge its validity only by 20250HB0133PN3480 - 10 - filing a petition alleging fraud or duress within the earlier of 60 days after execution of the consent or 30 days after entry of the reinstatement decree.

20250HB0133PN2320 - 10 - I understand that this consent to reinstatement of parental rights is irrevocable unless I revoke it within 30 days after executing it by delivering a written revocation to (insert the name and address of 20250HB0133PN3480 - 11 - the agency coordinating the reinstatement of parental rights) or (insert the name and address of an attorney who represents the individual relinquishing parental rights or the former parent seeking reinstatement of parental rights of the child) or (insert the court of the county in which the voluntary relinquishment form was or will be filed).

The order shall state that all legal rights, powers, privileges, 20250HB0133PN2320 - 11 - immunities, duties and obligations of the former parent regarding the child, including with respect to custody, care, control and support, are reinstated.

(c) Denial of petition.--If the court renders an order 20250HB0133PN3480 - 12 - denying the petition, the order shall include:

20250HB0133PN348020250HB0133PN2320 - 1312 -