THE COURTS

Title 255--LOCAL COURT RULES

CAMBRIA COUNTY

Order of Court Adopting Local Orphans' Court Rules

[26 Pa.B. 1696]

Administrative Order

   And Now, this 8th day of March, 1996, it is hereby Ordered that Rules 14.1cc and 15.7.cc, together with Cambria County Orphans' Court Forms 14.1.A. and 14.1.B., and 15.7.A. to 15.7.C. are hereby adopted and shall be effective June 1, 1996.

By the Court
D. GERARD LONG,
President Judge

CAMBRIA COUNTY COURT OF COMMON PLEAS
RULES OF THE ORPHANS' COURT DIVISION

(Integrated with Pennsylvania Supreme Court Orphans' Court Rule)

Additional Rules Adopted
(Effective June 1, 1996):

Rule 14.cc. Special Forms.

Rule 14.1.cc.  Annual Reports of the Guardian of an Incapacitated Person shall be filed as follows:

   (A)  Guardian of the Person: The Report of the Guardian of a Person of an Incapacitated Person shall be filed on the form attached to these Rules as Cambria County Orphans' Court Form 14.1.A.

   (B)  Non-institutional Guardian of the Estate: Where an individual has been appointed as the Guardian of the Estate of an Incapacitated Person, that individual shall file periodic reports on Form 14.1.B. attached to these Rules. Institutional Trustees, such as trust departments of banks or trust companies may file their periodic reports utilizing forms of a type generally used by them to reflect assets, income and expenditures of Trusts and Guardianship accounts.

FORM 14.1.A.

In Re: THE PERSON OF	:	IN THE COURT OF COMMON PLEAS OF
_________________ ,	:	CAMBRIA COUNTY, PENNSYLVANIA
Incapacitated	:
	:	ORPHANS' COURT DIVISION
	:
	:	FILE NO.:  _________________

PERIODIC REPORT
FROM ______ , 199 __ , TO  ______ , 199 __
OF THE GUARDIAN OF THE PERSON

  1)   I am the limited/plenary (circle one) Guardian of the Person of my ward, named above, and my address, including zip code, is:  ____________________My telephone number at work is ( __ )  ______ and my telephone number at home is ( __ )  ______ .

  2)   I was appointed Guardian by Order of Court dated ______which was/was not (circle one) modified by the following Court Order(s) ____________________

  3)   Ward's present age  ______ and date of birth:  __________

  4)   LIVING ARRANGEMENT:
a)   Current address of my ward:  ____________________b)   My ward's residence is:  __________

______	Ward's own home/apartment	______	My home/apartment
______	Nursing Home	______	Hospital or medical facility
______	Foster or boarding home	______	Relative's home __________                        (Relationship)

c)   My ward has been residing there since _________________ (insert date)
If moved within the past year, state from where and the reason for change:
____________________

d)   I rate my ward's living arrangement as:
______  excellent
______  average
______  below average
Explain:  __________

e)   I believe my ward is:
______  content with the living situation.
______  unhappy with the living situation.
______  unaware of the living situation.

  5)   PHYSICAL HEALTH:
a)   My ward's current physical condition is:
______  excellent      ______  good      ______  fair      ______  poor

b)   My ward's major physical health problems are as follows:  ____________________

c)   During the past year, my ward's physical condition has:
______  remained about the same
______  improved. Explain:  ________________  worsened. Explain:  __________

d)  During the past year, my ward received the following medical treatment (include check-ups and dental work):

Date	Ailment	Type of Treatment	Doctor's Name
______	______	_________________	______
______	______	_________________	______
______	______	_________________	______

  6)   MENTAL HEALTH: a)   My ward's condition is   ______  excellent   ______  good   ______  poor

b)   My ward's major mental health problems are as follows:______________________________

c)   During the past year, my ward's mental condition has
______  remained about the same.
______  improved. Explain:   __________
______  worsened. Explain:  __________

d)   During the past year, treatment or evaluation by a psychiatrist, psychologist or social worker ______  was ______  was not provided. Such mental health services are briefly described as:  ______________________________

  7)   SOCIAL ACTIVITIES/SERVICES:
a)   My ward's current social condition is:
______  excellent   ______  good   ______  fair   ______  poor
b)   During the past year, my ward has participated in the following activities:
______  recreational   ________________  educational   ________________  social   ________________  occupational   ________________  no activities available.
______  my ward refused to participate in any activities.
______  my ward was unable to participate in any activities.

  8)   LIST OF VISITS:
a)   During the past year, I visited my ward as follows:  ______________________________

b)   The average amount of time I spent on each visit was  __________

c)   The last time I visited with my ward was on _________________ (insert date)

  9)   ACTIVITIES:
During the past year, I performed the following activities on behalf of my ward:
______________________________

10)   I believe my ward has the following unmet needs:  ______________________________

11)   The Guardianship ______  should ______  should not be continued without modifications because:  ______________________________

12)   I am/am not (circle one) the guardian of my ward's estate. If yes, my report is attached.

VERIFICATION

   I certify under the penalties of perjury that the information contained in this report is true and correct to the best of my knowledge, information and belief. I further certify that I have sent a copy of the Notice below to all those parties in interest listed in the original Petition to declare my ward incapacitated.

Dated:  _________________
___________________________
Signature of Guardian of the Person      

NOTICE

   Please take notice that my periodic Report of the Guardian of the Person has been filed with the Orphans' Court of Cambria County, Pennsylvania. Should you desire a copy of that Report, you may obtain that copy by forwarding a check or money order made payable to The Orphans' Court of Cambria County, Pennsylvania, in the amount of $3.00 to:
Orphans' Court
Office of the Register of Wills
Cambria County Courthouse
Ebensburg, PA 15931
___________________________
Signature of Guardian of the Person

FORM 14.1.B.

In Re: THE PERSON OF	:	IN THE COURT OF COMMON PLEAS OF
_________________ ,	:	CAMBRIA COUNTY, PENNSYLVANIA
Incapacitated	:
	:	ORPHANS' COURT DIVISION
	:
	:	FILE NO.:  _________________

PERIODIC REPORT
FROM ______ , 199 __ , TO  ______ , 199 __
OF THE GUARDIAN OF THE ESTATE

  1)   I am the limited/plenary (circle one) Guardian of the Estate of my ward, named above, and my address, including zip code, is:  ____________________My telephone number at work is ( __ )  ______  and my telephone number at home is ( __ )  ______

  2)   I was appointed Guardian by Order of Court dated _________________which was/was not (circle one) modified by the following Court Order(s)  ____________________

  3)   My initial Inventory was filed on _________________and listed a total estate value of $ ______ .
The Inventory listed a total monthly income of $ ______ comprised of the following:  ____________________

  4)   At the beginning date of this reporting period, my initial balance on hand was $ ______ .

  5)   During this reporting period, the following reflects all sources of income (other than social security) received by me for my ward: Add additional pages if needed.)

	Date Received	Source of Income	Amount
1.	______	___________________________	______
2.	______	___________________________	______
3.	______	___________________________	______
4.	______	___________________________	______
5.	______	___________________________	______
6.	______	___________________________	______
		TOTAL	______

  6)   During this reporting period, the following reflects all payments I have made for my ward: (Add additional pages if needed.)

	Date	To whom paid	Reason for Payment	Amount
1.	______	______	_________________	______
2.	______	______	_________________	______
3.	______	______	_________________	______
4.	______	______	_________________	______
5.	______	______	_________________	______
6.	______	______	_________________	______
			TOTAL	______

  7)   The present principal assets of my ward are:

	Description of Asset	Present Value
1.	___________________________	______
2.	___________________________	______
3.	___________________________	______
4.	___________________________	______
5.	___________________________	______
6.	___________________________	______
	TOTAL	______

  8)   The present amount and sources of income for my ward are:

	Source of Income	Amount of Income
(Indicate whether monthly, quarterly, annually)
1.	___________________________	______
2.	___________________________	______
3.	___________________________	______
4.	___________________________	______
5.	___________________________	______
6.	___________________________	______

  9)   The regular monthly expenses of my ward which I pay are:

	To whom paid	Amount
1.	___________________________	______
2.	___________________________	______
3.	___________________________	______
4.	___________________________	______
5.	___________________________	______
6.	___________________________	______

10)   I have/have not (circle one) petitioned the Court for permission to invade principal to meet the needs of my ward.
(If applicable) The following expenses of my ward have been paid from principal:

	To whom paid	Purpose	Amount
1.	______	___________________________	______
2.	______	___________________________	______
3.	______	___________________________	______
4.	______	___________________________	______
5.	______	___________________________	______
6.	______	___________________________	______

11)   I have/have not (circle one) paid myself compensation for services I rendered as Guardian.
The amount I paid myself totalled $ ______ and was calculated at the following rate: $ ______ per week/month (circle one).

12)   (Circle the correct response and complete, if appropriate.)
There will be no need for extraordinary expenditures on behalf of my ward in the next twelve (12) months.
There will be a need for extraordinary expenditures on behalf of my ward in the next twelve (12) months because:
 
______________________________

13)   (Circle the correct response and complete, if appropriate.)
a)   My ward receives monthly social security benefits directly.
b)   I am the designated payee to receive my ward's social security benefits.
c)   The designated payee of my ward's social security benefits is  ____________________whose address is  __________and is/is not (circle one) related to my ward as  __________(insert relationship)

VERIFICATION

   I certify under the penalties of perjury that the information contained in this report is true and correct to the best of my knowledge, information and belief. I further certify that I have sent a copy of this Report to all those parties in interest listed in the original Petition to declare my ward incapacitated and that I have added a Notice to those parties in the form below.

Dated:  _________________
___________________________
Signature of Guardian of the Estate      

NOTICE

   Enclosed is a copy of my periodic Report as Guardian of the Estate. If you have any questions regarding this Report, please contact me. If you have any Objections to it, you are advised to prepare your Objections, in writing, make reference to the name of the incapacitated person and the Court file number, and, within thirty (30) days of receiving this Notice, mail or deliver the Objections to me at the address listed in my Report and to the:
Orphans' Court
Office of the Register of Wills
Cambria County Courthouse
Ebensburg, PA 15931
___________________________
Signature of Guardian of the Estate

Rule 15.7.cc.  Opening Impounded Documents.

Rule 15.7.cc.  Procedures Concerning Impounded Adoption Records: Pursuant to the Pennsylvania Adoption Act of 1988, Section 2905, the following procedures shall be followed regarding adoption inquiries:

   (A)  Adoption records are to be kept sealed and confidential. No employee, agent or official of the Register of Wills/Orphans' Court Office, or any other Cambria County Government employee, shall disclose the contents of adoption records or jeopardize the anonymity of the adoptee or any adoptee's natural parent without an order of the Orphans' Court.

   (B)  All adoption inquiries shall be made by a formal petition. The petition shall be verified by counsel and petitioner, or notarized in the case of a pro se petition. Any petition not appropriately verified or notarized shall not be accepted by the Register of Wills. The petition forms to be used are attached to these Rules as Form 15.7.A. and 15.7.B. and made part of these Rules. The Register of Wills/Orphans' Court Office shall provide a copy of these forms upon request. No inquiry shall be accepted by the Register of Wills/Orphans' Court Office which does not substantially conform with Forms 15.7.A. or 15.7.B., as applicable.

   (C)  The filing fee for adoption inquiries shall be $20.00 payable to the Register of Wills.

   (D)  An adoptee, and only an adoptee, may petition for disclosure of non-identifying information regarding disclosure of adoption records. Absent a showing of exceptional circumstances, such as the past commission of fraud on the Orphans' Court in adoption proceeding, no one other than an adoptee may obtain disclosure of said non-identifying information. See In Re Adoption of B.E.W.G., 513 A.2d 1061, 1065 (Pa. Super. 1986).

   (E)  The types of non-identifying information to be disclosed, if contained in the adoption records include: (1)  The ages, religious persuasions and race of the biological parents; (2)  The health of the adoptee at the time of the adoption; (3)  The general circumstances regarding the biological parents' relationship; (4)  The reasons assigned for the adoption, and; (5)  The length of time the adoptee was in the custody of the adoptive parents prior to the adoption. See In Re Petition to Release Adoption Records Pursuant to 23 Pa.C.S. 2905, 653 A.2d 1254 (Pa. Super. 1995).

   (F)  The research fee for disclosure of non-identifying information found in Orphans' Court and other Cambria County records shall be $35.00, payable to the Register of Wills/Orphans' Court Office. A petition requesting only disclosure of whether or not a natural parent's waiver of anonymity has been filed shall not be subject to the non-identifying information fee. The law clerk for the President Judge of the Orphans' Court shall retrieve said non-identifying information.

   (G)  An adoptee, and only an adoptee, may petition for the Orphans' Court to authorize a search for the purpose of contacting a natural parent to obtain their consent to disclosure of identifying information. Such a petition will be granted only upon the petitioner's demonstration of good cause to warrant the disclosure of an inspection of adoption records. Good cause includes a compelling medical need; for example, where the adoptee or his or her offspring is undergoing treatment for life threatening or debilitating illness and the adoptee's medical history is reasonably likely to aid treatment. No search shall be authorized simply to satisfy a petitioner's curiosity. In its discretion, the Court may grant a hearing to determine whether good cause exists, or may adjudicate the petition without a hearing. Even if the petitioner demonstrates good cause, the Court may nevertheless refuse to contact the natural parents if it believes there is a ''substantial risk'' that persons other than natural parents would learn of the adoptee's existence and relationship to the natural parents.

   (H)  The Court shall conduct the search, described in Paragraph G above, through its agent. The search agent designated by the Orphans' Court shall be the Cambria County Children and Youth Agency. The search shall be conducted in conformity with Pennsylvania Code's ''Statement of Policy on Adoption Record Disclosure Procedures'' set forth at 55 Pa. Code § 33.50.101.

   (I)  The search fee for attempting to locate the natural parents to request their consent to disclose adoption record information shall be $50.00 per hour. Prepayment of three (3) hours ($150.00) shall be required, and any portion of that fee not expended shall be refunded.

   (J)  When a search is authorized, the Orphans' Court in no way guarantees that the natural parent will be located or will consent to disclosure of the adoption information. The Court has limited resources available for an investigation and a long period of time may have passed between the adoption proceeding and the adoption inquiry. It is hoped however, that a report of the results of the search shall be made to the adoptee within 120 to 180 days of the authorization to conduct the search.

   (K)  The Register of Wills Office shall place into the sealed adoption files any waiver form filed by a natural parent of the adoptee granting permission to disclose to the adoptee (or to the adoptee's guardian if the adoptee is less than eighteen (18) years of age) any information related to that natural parent. The waiver form shall substantially conform to Form 15.7.C. attached hereto and hereby made a part of this Rule. The waiver shall be notarized. In no case shall the Register of Wills accept waiver forms from any person other than a natural parent of an adoptee. The waiver shall be filed without charge.

   (L)  Upon a petition which adequately demonstrates that one or both natural parents are deceased or have consented to disclosure of adoption information, the Orphans' Court shall order the Register of Wills to disclose all information in the adoption records. The consent to disclose information by one natural parent shall not operate as a consent to disclosure by the other natural parent.

   (M)  Forms 15.7.A., 15.7.B., and 15.7.C. may be attached and filed together simultaneously as a single petition subject to a single filing fee. All other pertinent search or research fees as set forth above shall be charged, however, where a combined petition is filed.

   (N)  All forms are to be filed with the Register of Wills/Orphans' Court Office. The Register of Wills/Orphans' Court Office shall refuse to accept any adoption inquiry paper or pleading which is: incomplete, not typewritten, not in substantial conformity with this Rule, not appropriately signed and/or notarized, or for which the appropriate fees have not been paid.

   (O)  The fees required by this Rule may be revised prospectively from time to time by administrative order.

FORM 15.7.A.

IN THE COURT OF COMMON PLEAS OF CAMBRIA COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION

In Re:	:
	:
PETITION FOR DISCLOSURE OF	:	NO.:  ______
NON-IDENTIFYING INFORMATION	:	Adoption Inquiry
FROM ADOPTION RECORDS	:
Petitioner.	:

PETITION FOR DISCLOSURE OF NON-IDENTIFYING INFORMATION
CONTAINED IN RECORDS OF ADOPTION PROCEEDING

   AND NOW, comes the Petitioner, ______ , by and through his/her attorney, ______ , Esquire [or, if no attorney, Pro Se] and files the following Petition for Disclosure of Non-Identifying Information Contained in Records of an Adoption Proceeding, and states:

   1.  Petitioner is an adult eighteen (18) years of age of older [or is an adoptive parent or guardian of an adoptee less than eighteen (18) years of age], and presently resides at ___________________________ .

   2.  Petitioner avers that to the best of his/her knowledge and belief he/she is an adoptee whose adoption proceeding was reasonably likely to have taken place in Cambria County, Pennsylvania.

   3.  Petitioner hereby petitions to discover any and all non-identifying information contained in Cambria County Orphans' Court records regarding the proceeding in which he/she was adopted, to the extent that such information will not jeopardize the anonymity of his/her natural parents.

   4.  The reasons why Petition is requesting the non-identifying information are as follows:  ___________________________ .

Respectfully submitted,
By: __________

VERIFICATION

   I, (Petitioner's name) ______ , an adoptee [or the adoptive parent or guardian of ______ ] hereby verify that the averments of fact contained in the foregoing Petition for Disclosure of Non-Identifying Information Contained in Records of Adoption Proceeding are true and correct to the best of my personal knowledge, information and belief. I understand that these averments of fact are made subject to the penalties of 18 Purdon's Consolidated Statutes Section 4904, relating to unsworn falsifications to authorities.

__________[Pro Se] Petitioner

Date:  _________________

(Note: All Pro Se Petitions must be sworn and subscribed by a notary public or they will not be accepted by the Register of Wills)

FORM 15.7.B.

IN THE COURT OF COMMON PLEAS OF CAMBRIA COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION

In Re:	:
	:
PETITION FOR AUTHORIZATION	:	NO.:  ______
OF A DESIGNATED SEARCH AGENT	:	Adoption Inquiry
FOR THE PURPOSE OF CONTACTING	:
NATURAL PARENT
Petitioner.	:

PETITION FOR AUTHORIZATION OF DESIGNATED SEARCH AGENT
FOR THE PURPOSE OF CONTACTING A NATURAL PARENT

   AND NOW, comes the Petitioner, ______ , by and through his/her attorney, ______ , Esquire [or, if no attorney, as a Pro Se Petitioner] and files the following Petition for Authorization of Designated Search Agent for the Purpose of Contacting a Natural Parent, and states:

   1.  Petitioner is an adult individual eighteen (18) years of age or older [or is an adoptive parent or guardian of an adoptee less than eighteen (18) years of age]. Petitioner presently resides at _________________ .

   2.  Petitioner avers that to the best of his/her knowledge and belief, he/she is an adoptee whose adoption proceeding took place in Cambria County, Pennsylvania.

   3.  Petitioner hereby petitions for authorization of a designated agent to search for and contact the natural parents of the adoptee.

   4.  The reasons why Petition is requesting the authorization are as follows: _________________________________________________________ .

Respectfully submitted,
By: __________

VERIFICATION

   I, (Petitioner's name) ______ , an adoptee [or the adoptive parent or guardian of ______ ] hereby verify that the averments of fact contained in the foregoing Petition for Authorization of a Designated Search Agent for the Purpose of Contacting a Natural Parent are true and correct to the best of my personal knowledge, information and belief. I understand that these averments of fact are made subject to the penalties of 18 Purdon's Consolidated Statutes Section 4904, relating to unsworn falsifications to authorities.

__________[Pro Se] Petitioner

Date:  _________________

(Note: All Pro Se Petitions must be sworn and subscribed by a notary public or they will not be accepted by the Register of Wills)

FORM 15.7.C.

IN THE COURT OF COMMON PLEAS OF CAMBRIA COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION

In Re:	:
	:
NATURAL PARENT'S WAIVER OF	:	NO.:  ______
CONFIDENTIALITY REGARDING	:	Adoption Inquiry
ADOPTION PROCEEDINGS	:
RECORDS NATURAL PARENT	:
Petitioner.	:

NATURAL PARENT'S WAIVER OF CONFIDENTIALITY
REGARDING ADOPTION PROCEEDINGS RECORDS

   AND NOW, comes the petitioner, ______ , by and through his/her attorney, ______ , Esquire [or, if no attorney, as a Pro Se Petitioner] and files this Waiver of Confidentiality Regarding Adoption Proceedings Records, and states:

   1.  Petitioner is an adult individual eighteen (18) years of age or older. Petitioner presently resides at _____________________________________ .

   2.  Petitioner avers that he/she is a natural parent of an adoptee whose adoption proceeding took place in Cambria County, Pennsylvania.

   3.  Petitioner hereby waives the confidentiality guaranteed to him/her under 23 Pa.C.S.A. § 5904 regarding records of the adoption of the child, (insert adopted child's name) _________________ . The effect of this waiver extends only to the above-named adoptee, or, in the event the adoptee is under eighteen (18) years of age, the above-named adoptee's guardian or adoptive parents.

   4.  Petitioner waives his/her confidentiality and authorizes disclosure of the following information: (Specify information to be disclosed.)

   5.  Petitioner petitions that this waiver be placed into the sealed permanent adoption records regarding the above-referenced adoptee, pursuant to 23 Pa.C.S.A. 2905(d)(2).

Respectfully submitted,
By: __________

(Note: This Waiver must be sworn and subscribed by a notary public or it will not be accepted by the Register of Wills)

IN THE COURT OF COMMON PLEASE OF CAMBRIA COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION

In Re:	:
	:
PETITION FOR DISCLOSURE OF	:	NO.:  ______
NON-IDENTIFYING INFORMATION	:	Adoption Inquiry
FROM ADOPTION RECORDS	:
	:
Petitioner.	:	OFFICE USE ONLY

ORDER

   AND NOW, this ____day of ______ , 199__ , it is hereby ORDERED and DECREED that the above-captioned Petition for ______ [describe matter here, leave all other blanks open] is GRANTED/DENIED. A hearing shall be held on this matter on ___________________________ .

By the Court
_________________ J.
Judge of the Orphans' Court

CERTIFICATE

   I, D. Gerard Long, President Judge of the Cambria County Court of Common Pleas, hereby certify that the foregoing Administrative Order and Orphans' Court Rules and forms are true and correct.

By the Court
_________________ J.
D. Gerard Long, President Judge

[Pa.B. Doc. No. 96-583. Filed for public inspection April 12, 1996, 9:00 a.m.]

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