New Options for Pennsylvania Adoptions

Overview of Act 101 of 2010

Openness in Adoptions

•What does openness mean to you?

•How/when have you discussed?

•Have you ever addressed in court?

•What impact do you see on permanency?

Act 101 -- Overview

•Signed October 27, 2010

•Effective April 25, 2011

•Amended Pennsylvania Adoption Act

Amendments – 3 Main Areas

•Voluntary agreements for post-adoption contact

•Expansion of information registry

•Expansion of access to adoption records

Agreements for Post-Adoption Contact – Why?

•Recognize emotional connections

•Support positive connections

•Promote permanency through adoption

Agreements for Post-Adoption Contact – Who?

•Prospective adoptive parents

•Birth relative of child:▫Parent▫Grandparent▫Stepparent▫Sibling▫Uncle/Aunt

Agreements for Post-Adoption Contact – What?•Written agreement

•Accompanied by oath

•Approved by court

•Legally enforceable

Agreements for Post-Adoption Contact – What?

•Specifies type of contact or communication

•Frequency, location, duration•Participants•Any conditions•Process for modification

Agreements for Post-Adoption Contact – Where?

•Agreement filed with court that finalizes the adoption

Agreements for Post-Adoption Contact – When?

•Court approval on or before date of adoption decree

•When to discuss option with possible participants?

Agreements for Post-Adoption Contact – How?

•Notification•Legal representation•Facilitation•Mediation•Use of SWAN services

Agreements for Post-Adoption Contact – What if . . .?•Modification

•Enforcement

•Discontinuance

Agreements for Post-Adoption Contact – Practice Implications

•Read assigned case scenario

•Respond to questions

•Group discussion

Pennsylvania Adoption Information Registry – Why?

•Importance of medical & social information to healthy development

•Existing AMHR not effective

Pennsylvania Adoption Information Registry – What?

•Statewide, confidential

•Medical & social history

•Authorization forms

•All Pennsylvania adoptions

Pennsylvania Adoption Information Registry – What?

•Medical information:•Related to adoptee or birth family•Relevant to present or future health care•Related to hereditary or congenital

conditions•Identifying information removed

Pennsylvania Adoption Information Registry – What?

•Social history information:•Typically included in SWAN Child Profile•Economic, cultural & ethnic information•Developmental history•Social & educational experiences•Current functioning

Pennsylvania Adoption Information Registry – Where?

•Registry will be managed by Pennsylvania Adoption Exchange

Pennsylvania Adoption Information Registry – Who?

•Who can file information?

•Who can request information?

•Who can be the subject of a request for information?

Pennsylvania Adoption Information Registry – When?

•Court advises parent at time of TPR•Adoptee, birth parent, adoptive parent can

file/update any time•Agencies to file information •Registry response time = 30 days

Pennsylvania Adoption Information Registry – How?

•Registration form for agencies/courts•Authorization/registration form for

▫Adoptee▫Birth parent

•Request form for all permitted to make requests

Access to Adoption Records

•A journey through the search process:

▫Read case scenario

▫Use Handout #2 and #3 to respond to questions

Access to Adoption Records

•For more training and information on search process:

▫2-day trainings for authorized representatives

For Further Information:

Eleanor L. Bush, Esq.Diakon/FDR

ebush@diakon-swan.org

Rachel H. Meaker, Esq.Diakon/FDR

rmeaker@diakon-swan.org