§ 3350.5. General requirements.
(a) The service provider shall have written policies and procedures governing adoption services.
(b) When more than one service provider is involved in an adoption plan, the function and responsibility of each agency shall be clearly defined in a written agreement.
(c) The service provider shall implement an ongoing plan for recruiting homes for children in need of adoption, with emphasis on children with special needs. The aim of recruitment shall be to give the service provider sufficient families to allow an optimum choice for each child.
(d) The service provider shall evaluate children in placement, at least annually, to determine their adoptability.
(e) The service provider shall insure, either directly or through referral, the availability of counseling and other services, as needed, to natural parents, the child, and the adoptive parents.
(f) Children who shall be considered for adoption shall include:
(1) Children who have lost both parents by death, and who have no other strong family ties.
(2) Children whose parents have, with full awareness and understanding, decided to relinquish them voluntarily.
(3) Children whose parents, even with the help of the community resources, are unable or unwilling to give them the care and protection they need, and who can be freed for adoption through court action.
(g) No child may be denied consideration for adoption because of his age, sex, religion, race or nationality, place of residence, settlement, economic or social status, a handicap that does not prevent him from living in a family, or the lack of an available adoptive family.
(h) Attention shall be given to the rights of the child’s father whether he is married to the child’s mother or not. The rights include, but are not limited to:
(1) Notice of proceedings or hearings.
(2) Counseling.
(i) A reasonable effort shall be made to find out if a putative father intends to establish paternity.
(j) Information in adoption records that identifies the child’s natural parents or family shall not be disclosed to anyone after legal adoption, without consent of the court. When all parties to the adoption agree, in writing, to disclose identifying information, the court’s consent will not be necessary. Any disclosure of identifying information shall be made immediately after either consent of the court or written consent of all parties to the adoption.
(k) Adoptive parents shall be given such nonidentifying information as is necessary for them to deal with their own, and the child’s, needs.
(l) The adoptee shall be given, upon his request, such nonidentifying information as is helpful to his social adjustment. If the adoptee is under 18 years of age, consent shall be obtained from the adoptive parents.
(m) Individuals or agencies providing medical, psychiatric, psychological, social, or other professional services shall be given nonidentifying information necessary for the provision of such services, with the written consent of the person receiving treatment or the person legally acting on his behalf. In the case of involuntary commitment, under the Mental Health and Mental Retardation Act of 1966 (50 P. S. § § 4101, 4102, 4201—4203, 4301—4305, 4401—4426, 4501—4512, 4601—4606, and 4701—4704), consents are not required. All information is restricted to the agency or institution to which the adopted person is committed.
Cross References This section cited in 55 Pa. Code § 3350.14 (relating to records).
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