Pennsylvania Act 1995-76 — DOMESTIC RELATIONS CODE (23 PA.C.S.) - AMEND

Act text

DOMESTIC RELATIONS CODE (23 PA.C.S.) - AMEND
                  Act of Dec. 20, 1995, P.L. 685, No. 76              Cl. 23
                             Session of 1995
                               No. 1995-76

     HB 215

                                  AN ACT

     Amending Title 23 (Domestic Relations) of the Pennsylvania
        Consolidated Statutes, further providing for personal and
        medical history information and for involuntary termination
        of parental rights.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  The definition of "medical history information"
     in section 2102 of Title 23 of the Pennsylvania Consolidated
     Statutes is amended to read:
      § 2102.  Definitions.
        The following words and phrases when used in this part shall
     have, unless the context clearly indicates otherwise, the
     meanings given to them in this section:
        * * *
        "Medical history information."  Medical records and other
     information concerning an adoptee or an adoptee's natural family
     which is relevant to the adoptee's present or future health care
     or medical treatment. The term includes:
            (1)  otherwise confidential or privileged information
        provided that identifying contents have been removed pursuant
        to section 2909 (relating to medical history information)[.];
        and
            (2)  information about the natural parents which may be
        relevant to a potential hereditary or congenital medical
        problem.
        * * *
        Section 2.  Sections 2503(e) and 2504(d) of Title 23 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 [Health] Public Welfare
     pursuant to section 2905(d) (relating to impounding of
     proceedings and access to records).
      § 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 [Health] Public Welfare
     pursuant to section 2905(d) (relating to impounding of
     proceedings and access to records).
        Section 3.  Section 2511(b) and (c) of Title 23 are amended
     and subsection (a) is amended by adding a paragraph to read:
      § 2511.  Grounds for involuntary termination.
        (a)  General rule.--The rights of a parent in regard to a
     child may be terminated after a petition filed on any of the
     following grounds:
            * * *
            (8)  The child has been removed from the care of the
        parent by the court or under a voluntary agreement with an
        agency, 12 months or more have elapsed from the date of
        removal or placement, the conditions which led to the removal
        or placement of the child continue to exist and termination
        of parental rights would best serve the needs and welfare of
        the child.
        (b)  Other considerations.--The court in terminating the
     rights of a parent shall give primary consideration to the
     developmental, physical and emotional needs and welfare of the
     child. The rights of a parent shall not be terminated solely on
     the basis of environmental factors such as inadequate housing,
     furnishings, income, clothing and medical care if found to be
     beyond the control of the parent. With respect to any petition
     filed pursuant to subsection (a)(1) [or (6)], (6) or (8), the
     court shall not consider any efforts by the parent to remedy the
     conditions described therein which are first initiated
     subsequent to the giving of notice of the filing of the
     petition.
        (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 [Health] Public Welfare
     pursuant to section 2905(d) (relating to impounding of
     proceedings and access to records).
        Section 4.  Section 2512(a) of Title 23 is amended by adding
     a paragraph to read:
      § 2512.  Petition for involuntary termination.
        (a)  Who may file.--A petition to terminate parental rights
     with respect to a child under the age of 18 years may be filed
     by any of the following:
            * * *
            (4)  An attorney representing a child or a guardian ad
        litem representing a child who has been adjudicated dependent
        under 42 Pa.C.S.  § 6341(c) (relating to adjudication).
        * * *
        Section 5.  Section 2905(d) heading of Title 23 is amended
     and the subsection is amended by adding a paragraph to read:
      § 2905.  Impounding of proceedings and access to records.
        * * *
        (d)  Disclosure of information [on original certificate of
     birth].--
            * * *
            (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.
        Section 6.  Sections 2909 and 2910 of Title 23 are amended to
     read:
      § 2909.  Medical history information.
        (a)  Delivery of information.--[Medical] 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.--[In all cases] 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 remove any contents which would identify the
     adoptee's natural family.
        [(c)  Regulations.--The Pennsylvania Department of Health
     shall implement the provisions of this section by regulation.]
        (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.
      § 2910.  Penalty for unauthorized disclosure.
        Any officer or employee of the court, other than a judge
     thereof, the Department of Health, the Department of Public
     Welfare or any agency who willfully discloses impounded or
     otherwise confidential information relating to an adoption,
     other than as expressly authorized and provided in this chapter,
     commits a misdemeanor of the third degree.
        Section 7.  This act shall take effect as follows:
            (1)  With regard to a child who has been removed from the
        care of the parent by the court or under a voluntary
        agreement with an agency prior to the effective date of this
        act, the provision of 23 Pa.C.S. § 2511(a)(8) shall become
        effective 12 months after the effective date of this act.
            (2)  The remainder of this act shall take effect in 60
        days.

     APPROVED--The 20th day of December, A. D. 1995.

     THOMAS J. RIDGE