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 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 Rachel H. Meaker, Esq. Diakon/FDR