SB 1129 — An Act amending Title 23 (Domestic Relations) of the Pennsylvania Consolidated Statutes, in adoption, further providing for definitions, for hearing, for grounds for involuntary termination and for petition for involuntary termination, providing for notice if identity or whereabouts of birth parent or putative father unknown, further providing for consents necessary to adoption and repealing provisions relating to consents not naming adopting parents.

PRIOR PRINTER'S NO.

1647 PRINTER'STHE NO.GENERAL ASSEMBLY OF PENNSYLVANIA SENATE BILL Session of No.

18221129 THE2018 GENERALINTRODUCED ASSEMBLYBY OFDiSANTO, PENNSYLVANIAAPRIL SENATE16, BILL2018 SessionREFERRED TO JUDICIARY, APRIL 16, 2018 AN ACT Amending Title 23 (Domestic Relations) of No.the Pennsylvania definitions, for hearing, for grounds for involuntary for termination and for petition for involuntary termination, providing for notice if identity or whereabouts of birth parent or putative father unknown, further providing for consents necessary to adoption and repealing provisions relating to consents not naming adopting parents.

1129 2018 INTRODUCED BY DiSANTO, APRIL 16, 2018 SENATOR GREENLEAF, JUDICIARY, AS AMENDED, JUNE 5, 2018 AN ACT Amending Title 23 (Domestic Relations) of the Pennsylvania definitions, for hearing, FOR ALTERNATIVE PROCEDURE FORor <-- RELINQUISHMENT, for grounds for involuntary termination and for petition for involuntary termination, providing for notice if identity or whereabouts of birth parent or putative father unknown, further providing for consents necessary to adoption and repealing provisions relating to consents not naming adopting parents.

Sections 2503(a), (b)(3) and (d), 2511(a)(9) and <-- 2512(c) of Title 23 are amended to read:

SECTION 2503(A), (B)(3) <-- AND (D) OF TITLE 23 ARE AMENDED AND THE SECTION IS AMENDED BY ADDING A SUBSECTION TO READ:

(b) Notice.-- * * * (3) The [copy of the notice which is given to the] birth father or a putative father shall [state that his rights may also be subject to termination pursuant to subsection (d) if 20180SB1129PN1822 - 2 - he fails to file either an acknowledgment of paternity or claim of paternity pursuant to section 5103 (relating to 20180SB1129PN1647 - 2 - 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 termination with the court prior to the hearing.] be given notice in the form provided in section 2513(b) (relating to hearing).

20180SB1129PN1822 - 3 - (1) file a written objection to the termination with the court prior to the hearing;

or 20180SB1129PN1647 - 3 - (2) 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)].

* * * (F)§ REDACTION2511. REQUEST FORM.-- <-- (1) AT THE TIME THE DECREE OF TERMINATION IS TRANSMITTED TO THE PARENT WHOSE RIGHTS ARE TERMINATED, THE COURT SHALL NOTIFY THE PARENT, IN WRITING, OF ALL OF THE FOLLOWING:

(I) THE RIGHT TO REDACT THE PARENT'S NAME FROM A NONCERTIFIED COPY OF THE ORIGINAL BIRTH RECORD ISSUED TO AN ADOPTEE UNDER SECTION 2937(A) (RELATING TO ORIGINAL BIRTH RECORD).

(II) HOW TO FILE A REDACTION REQUEST FORM UNDER SECTION 2937(C).

(III) THE PARENT'S RIGHT TO REQUEST, AT ANY TIME, THAT THE DEPARTMENT OF HEALTH REMOVE THE NAME REDACTION REQUEST FORM FROM THE ADOPTION FILE OF THE ADOPTEE UNDER SECTION 2937(C).

(2) THE COURT SHALL, AT THE SAME TIME THAT NOTICE IS PROVIDED UNDER PARAGRAPH (1), PROVIDE COPIES OF THE DEPARTMENT OF HEALTH'S NAME REDACTION REQUEST FORM TO THE PARENT.

SECTION 3.

SECTION 2504 OF TITLE 23 IS AMENDED BY ADDING A SUBSECTION TO READ:

20180SB1129PN1822 - 4 - § 2504.

ALTERNATIVE PROCEDURE FOR RELINQUISHMENT.

* * * (E) REDACTION REQUEST FORM.-- (1) AT THE TIME THE DECREE OF TERMINATION IS TRANSMITTED TO THE PARENT WHOSE RIGHTS ARE TERMINATED, THE COURT SHALL NOTIFY THE PARENT, IN WRITING, OF ALL OF THE FOLLOWING:

(I) THE RIGHT TO REDACT THE PARENT'S NAME FROM A NONCERTIFIED COPY OF THE ORIGINAL BIRTH RECORD ISSUED TO AN ADOPTEE UNDER SECTION 2937(A) (RELATING TO ORIGINAL BIRTH RECORD).

(II) HOW TO FILE A REDACTION REQUEST FORM UNDER SECTION 2937(C).

(III) THE PARENT'S RIGHT TO REQUEST, AT ANY TIME, THAT THE DEPARTMENT OF HEALTH REMOVE THE NAME REDACTION REQUEST FORM FROM THE ADOPTION FILE OF THE ADOPTEE UNDER SECTION 2937(C).

(2) THE COURT SHALL, AT THE SAME TIME THAT NOTICE IS PROVIDED UNDER PARAGRAPH (1), PROVIDE COPIES OF THE DEPARTMENT OF HEALTH'S NAME REDACTION REQUEST FORM TO THE PARENT.

SECTION 4.

SECTION 2511(A)(9) OF TITLE 23 IS AMENDED AND THE SECTION IS AMENDED BY ADDING A SUBSECTION TO READ:

§ 2511.

25 (relating to 20180SB1129PN1822 - 5 - criminal homicide);

or [(iv)] (v) an attempt, solicitation or conspiracy to commit an offense in subparagraph (i), (ii) [or], (iii) 20180SB1129PN1647 - 4 - or (iv).

* * * (D)§ REDACTION2512. REQUEST FORM.-- <-- (1) AT THE TIME THE DECREE OF TERMINATION IS TRANSMITTED TO THE PARENT WHOSE RIGHTS ARE TERMINATED, THE COURT SHALL NOTIFY THE PARENT, IN WRITING, OF ALL OF THE FOLLOWING:

(I) THE RIGHT TO REDACT THE PARENT'S NAME FROM A NONCERTIFIED COPY OF THE ORIGINAL BIRTH RECORD ISSUED TO AN ADOPTEE UNDER SECTION 2937(A) (RELATING TO ORIGINAL BIRTH RECORD).

(II) HOW TO FILE A REDACTION REQUEST FORM UNDER SECTION 2937(C).

(III) THE PARENT'S RIGHT TO REQUEST, AT ANY TIME, THAT THE DEPARTMENT OF HEALTH REMOVE THE NAME REDACTION REQUEST FORM FROM THE ADOPTION FILE OF THE ADOPTEE UNDER SECTION 2937(C).

20180SB1129PN1822 - 6 - (2) THE COURT SHALL, AT THE SAME TIME THAT NOTICE IS PROVIDED UNDER PARAGRAPH (1), PROVIDE COPIES OF THE DEPARTMENT OF HEALTH'S NAME REDACTION REQUEST FORM TO THE PARENT.

SECTION 5.

SECTION 2512(C) OF TITLE 23 IS AMENDED TO READ:

§ 2512.

* * * [(c) Father not identified.--If the petition does not identify the father of the child, it shall state whether a claim of paternity has been filed under section 8303 (relating to claim of paternity).] Section 33. 6.

Title 23 is amended by adding a section to <-- read:

(b) Notice by publication.-- (1) If the petitioner can establish that an unsuccessful diligent search has been made to identify or locate a birth parent or putative father, notice of the proceeding may be given to the birth parent or putative father by publication one time in both a newspaper of general circulation and in the county legal journal at least 10 days before the date of 20180SB1129PN1822 - 7 - the hearing.

(c) Waiver of diligent search and publication of notice.-- 20180SB1129PN1647 - 5 - (1) If the birth father or a putative father knows or has reason to know of the child's birth, and the birth father or a putative father has failed to make reasonable efforts to maintain substantial and continuing contact with the child and provide substantial financial support for the child, the court may waive the requirement for a diligent search and the publication of notice.