Home | Next | Previous | Table of Contents

HTML Version Copyright 1996 Daniel B. Evans. All rights reserved.


SCH.CO.O.C. RULE 15: ADOPTIONS

Rule 15.1A. Petition to Confirm Consent of Natural Parent. Notice. Copy of Consent to Natural Parent.
(a) A petition to confirm the consent of a natural parent to the adoption of a child under Section 2504 of the Adoption Act, where the natural parent executed the consent outside this Commonwealth, must include a certification by petitioner's attorney that the consent is in accordance with the laws of the jurisdiction where it was executed.

(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).]

Rule 15.4A. Involuntary Termination of Parental Rights. Notice.
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 Pa.O.C. Rule 15.6.

[Adopted April 1, 1993, effective 30 days after publication in the Pennsylvania Bulletin. 26 Pa.B. 467 (2/3/96).]

Rule 15.4B. Involuntary Termination of Parental Rights. Service.
(a) Where service is attempted by registered mail at the natural parent's last known address pursuant to Pa.O.C. Rule 15.6 and the post office's return indicates that service was not made petitioner may petition the Court to order service by publication.

(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).]

Rule 15.4C. Involuntary Termination of Parental Rights. Incarcerated Parent.
Where the natural parent is incarcerated, a petition for involuntary termination of that parent's parental rights must include a statement in the proposed Preliminary Order submitted with the petition setting the hearing date that if the natural parent desires to attend the hearing for the purpose of contesting the petition, he may do so by requesting the issuance of a Writ of Habeas Corpus ad testificandum and/or by requesting Schuylkill Legal Services to represent him.

[Adopted April 1, 1993, effective 30 days after publication in the Pennsylvania Bulletin. 26 Pa.B. 467 (2/3/96).]

Rule 15.4D. Contested Involuntary Termination of Parental Rights. Appointment of Counsel for Minor Child. Costs.
(a) Whenever a proceeding for involuntary termination of parental rights is contested, an Answer shall he filed and the Court shall appoint counsel for the minor child or children in accordance with Section 2313 of the Adoption Act.

(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).]

Rule 15.5A. Adoptions.
(a)(1) When a Report of Intention to Adopt has been filed, a Petition for Adoption must include in all cases a statement that petitioners attorney has made arrangements for a public child care agency or a consenting private child care agency or appropriate person designated by the Court to perform a Home Investigation on the adopting parent(s).

(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).]


Home | Next | Previous | Table of Contents | Top