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.NOS.

23202320, 3480 PRINTER'S NO.

34803644 THE GENERAL ASSEMBLY OF PENNSYLVANIA HOUSE BILL Session of No.

133 2025 INTRODUCED BY KRAJEWSKI, DELOZIER, WAXMAN, HILL-EVANS, WEBSTER, McNEILL, SAMUELSON, RIVERA, SANCHEZ, FIEDLER, CEPEDA-FREYTIZ, HOWARD, HOHENSTEINHOHENSTEIN, GREEN AND GREEN,KHAN, SEPTEMBER 17, 2025 AS REPORTEDAMENDED FROM COMMITTEE ON CHILDRENSECOND ANDCONSIDERATION, YOUTH, HOUSE OF REPRESENTATIVES, AS AMENDED, JUNE 2,17, 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;

* * * (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 20250HB0133PN348020250HB0133PN3644 - 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.

3001.3000.

VENUE.

<-- 3001.

§ 3000.

VENUE.

<-- PROCEEDINGS FOR REINSTATEMENT MAY BE BROUGHT IN THE COURT OF THE COUNTY:

(1) WHERE THE CHILD RESIDES.

(2) IN WHICH IS LOCATED AN OFFICE OF AN AGENCY HAVING CUSTODY OR IN THE COUNTY WHERE THE AGENCY HAVING PLACED THE CHILD IS LOCATED.

(3) WITH THE LEAVE OF COURT IN WHICH THE CHILD FORMERLY RESIDED.

(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), UNLESSunless THEthe <--former FORMERparent's PARENT'Sparental PARENTALrights RIGHTSwere WEREpreviously PREVIOUSLYinvoluntarily INVOLUNTARILY20250HB0133PN3644 TERMINATED- UNDER3 SECTION- 2511(A)(7),terminated under section 2511(a)(7), (9), (10) ORor (11) (RELATING(relating TOto GROUNDSgrounds FORfor INVOLUNTARYinvoluntary TERMINATION):termination):

(2) if the child oris at least 14 years of age, the child, <-- 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 (3) at least one year has 15 MONTHSmonths HAVEhave elapsed since <-- entry of the order terminating parental rights, or the child is at least 17 years of age, and AT LEAST one of the following applies:

<-- (i) the child IS IN THE CUSTODY OF THE AGENCY AND <-- has not been adopted and no petition for adoption has been filed;

OR <-- (ii) the child is in the custody of the agency;

<-- (iii) the child is no longer in the care of the adoptive parent ANDand THEthe ADOPTIVEadoptive PARENTparent ISis NOTnot PERFORMINGperforming <--parental PARENTALduties DUTIESand ANDreunification REUNIFICATIONwith WITHthe THEadoptive ADOPTIVEparent PARENTis ISnot NOTimminent; IMMINENT;

(iv) a petition under section 2501 (relating to relinquishment to agency), 2502 (relating to relinquishment to adult intending to adopt child) or 2504 (relating to alternative procedure for relinquishment) regarding the adoptive parent has been filed or will be 20250HB0133PN3644 - 4 - filed;

(II) THE CHILD WAS ADOPTED AND IS NOT IN THE CUSTODY <-- OF THE ADOPTED PARENT AND ONE OF THE FOLLOWING APPLIES:

(A) A PETITION UNDER SECTION 2501 (RELATING TO RELINQUISHMENT TO AGENCY), 2502 (RELATING TO RELINQUISHMENT TO ADULT INTENDING TO ADOPT CHILD) OR 2504 (RELATING TO ALTERNATIVE PROCEDURE FOR RELINQUISHMENT) REGARDING THE ADOPTIVE PARENT HAS BEEN FILED OR WILL BE FILED;

OR (B) A PETITION UNDER SECTION 2512 (RELATING TO PETITION FOR INVOLUNTARY TERMINATION) REGARDING THE ADOPTIVE PARENT HAS BEEN FILED OR WILL BE FILED.

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 the petitioner believes demonstrate the former parent whose parental rights are sought to be reinstated is willing and 20250HB0133PN3644 - 5 - 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 EACH 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 OR is filed <-- concurrently with or before the petition for reinstatement of <-- parental rights.

(5) the EACH adoptive parent, unless parental rights <-- 20250HB0133PN3644 - 6 - have already been terminated;

(E)(e) INVESTIGATION.--WHENInvestigation.--When Aa PETITIONpetition FORfor REINSTATEMENTreinstatement OFof <--parental PARENTALrights RIGHTShas HASbeen BEENfiled, FILED,the THEcourt COURTmay MAYcause CAUSEan ANinvestigation INVESTIGATIONto TObe BEmade MADEand ANDa Areport REPORTto TObe BEfiled FILEDby BYa Alocal LOCALpublic PUBLICchild CHILDcare CAREagency, AGENCY,a Avoluntary VOLUNTARYchild CHILDcare CAREagency AGENCYwith WITHthe THEcourt's COURT'Sconsent CONSENTor ORan ANappropriate APPROPRIATEperson PERSONdesignated DESIGNATEDby BYthe THEcourt. COURT.

THEThe FOLLOWINGfollowing SHALLshall APPLY:apply:

(1) THEThe INVESTIGATIONinvestigation SHALLshall COVERcover ALLall PERTINENTpertinent INFORMATION<-- REGARDINGinformation THEregarding CHILD'Sthe ELIGIBILITYchild's FOReligibility REINSTATEMENTfor OFreinstatement PARENTALof RIGHTSparental ANDrights THEand SUITABILITYthe suitability of the <-- home, including AN ASSESSMENT OF THE HOME,HOME INCLUDINGENVIRONMENT, THEthe PHYSICAL,<-- MENTALphysical, ANDmental EMOTIONALand NEEDSemotional needs and welfare of the child AND WELFARETHE OFFORMER PARENT'S CAPACITY TO MEET THE CHILD.CHILD'S NEEDS.

<-- (2) THEThe COURTcourt MAYmay ESTABLISHestablish THEthe PROCEDUREprocedure FORfor THEthe PAYMENTpayment OFof COSTScosts OFof THEthe INVESTIGATION.investigation.

THEThe COSTScosts SHALLshall BEbe 20250HB0133PN3480waived -for 6parties -eligible WAIVEDfor FORin PARTIESforma ELIGIBLEpauperis FORstatus. IN FORMA PAUPERIS STATUS.

20250HB0133PN3644 - 7 - (2) If the child is already represented by counsel or a guardian ad litem, the court shall appoint the same attorney or attorneys to represent the child in proceedings under this chapter.

(C) ADOPTIVE PARENT.-- <-- (1) THE COURT SHALL APPOINT COUNSEL FOR EACH ADOPTIVE PARENT IN A PROCEEDING UNDER THIS CHAPTER IF, UPON PETITION OF AN ADOPTIVE PARENT, THE COURT DETERMINES:

(I) THE ADOPTIVE PARENT IS UNABLE TO PAY FOR COUNSEL;

OR (II) PAYMENT WOULD RESULT IN SUBSTANTIAL FINANCIAL HARDSHIP.