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(b) A copy of the notice of the hearing prescribed by Section 2513(b) of the Adoption Act shall be a part of each petition. Service of the notice of hearing shall be as prescribed by Section 2504 of the Adoption Act and Pa.O.C. Rule 15.6.
(c) Petitioner's attorney shall certify at hearing that the natural parent has received a copy of the consent of adoption which he/she signed.
[Adopted April 1, 1993, effective 30 days after publication in the Pennsylvania Bulletin. 26 Pa.B. 467 (2/3/96).]
[Adopted April 1, 1993, effective 30 days after publication in the Pennsylvania Bulletin. 26 Pa.B. 467 (2/3/96).]
(b) A petition for publication must outline efforts made by petitioner through postal authorities, relatives, mutual friends, or other means to locate the present address of the natural parents.
(c) Where the Court orders service by publication, it shall be made in a newspaper of general circulation one (1) time in the area of the natural parent's last known address. Proof of publication must be submitted at the hearing on the petition for involuntary termination.
(d) Where service of the hearing has been made by publication, the Decree Nisi shall be immediately published in the same newspaper of general circulation referred to in subparagraph (c) of this rule.
[Adopted April 1, 1993, effective 30 days after publication in the Pennsylvania Bulletin. 26 Pa.B. 467 (2/3/96).]
[Adopted April 1, 1993, effective 30 days after publication in the Pennsylvania Bulletin. 26 Pa.B. 467 (2/3/96).]
(b) In every contested involuntary termination proceeding, Petitioner and Respondent shall each deposit into the Clerk of the Orphans' Court a payment on account for the transcript fees and for fees and costs of counsel for the minor in an amount to be fixed by the Court. Additional fees may be assessed, and said fees may be taxed as costs and may be ultimately charged against the parties in interest as the Court deems appropriate.
(1) Respondent shall deposit said payment upon the filing of the Answer and Petitioner shall deposit said payment within ten (10) days after service of the Answer. Failure to deposit said funds may result in civil contempt of court or imposition of sanctions as the Court deems appropriate.
(c) All parties shall file a list of witnesses and the expected time required for hearing within ten (10) days after service of court order appointing counsel for the minor.
[Amended January 17, 1996, effective 30 days after publication in the Pennsylvania Bulletin. 26 Pa.B. 464 (2/3/96).]
(i) If a public or private child care agency is to be used to perform the study, counsel for petitioners must provide that agency with a copy of the Report of Intent to Adopt, or other similar information and take whatever steps are necessary to cause the required Home Investigation to be sent directly to the Orphans' Court Division.
(ii) If an appropriate person is to be designated by the Court to perform the study, counsel for petitioners shall seek such appointment by presenting a motion and proposed order along with the petition for adoption. Subsequent thereto, counsel shall supply information and take whatever steps are necessary to cause the required Home Investigation to be sent directly to the Orphans' Court Division.
(2) A Home Investigation should contain in all cases:
(i) A report from the agency/designated person outlining the investigation made into the adopting parents' background and character;
(ii) A report of criminal history from the Pennsylvania State Police; and
(iii) A certification from the Pennsylvania Department of Public Welfare certifying that the proposed adopting parent(s) are not registered as the perpetrators of a founded or indicated report of child abuse.
(3) Where the Petition for Adoption contains the consent of the natural parent whose parental rights have not previously been terminated, petitioner's attorney shall certify at the hearing that the natural parent has received a copy of the consent of adoption which he/she signed.
[Adopted April 1, 1993, effective 30 days after publication in the Pennsylvania Bulletin. 26 Pa.B. 467 (2/3/96).]