act-1995-0-76•Pennsylvania Act 1995-76 — DOMESTIC RELATIONS CODE (23 PA.C.S.) - AMEND
Pennsylvania Act 1995-76 — DOMESTIC RELATIONS CODE (23 PA.C.S.) - AMEND
act-1995-0-761995 Pa. Act 76Law
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
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