Cambria County Court Response to Adoption Search Inquiry

2001 response

Patty J. Sharbaugh

Ebensburg, Cambria County, PA 15931

April 12, 2001

Enclosed is our packet to get Adoption information. Our rules, forms and fees
are explained in the Administrative Order. If you have any questions please
call 814-472-1440 - ask for Patty or Linda

Thank you.

In the Court of Common Pleas of Cambria County, Pennsylvania, Orphans' Court
Division

In Re: OMNIBUS ORDER REGARDING ADOPTION INQUIRES PROCEDURES PURSUANT TO 23 Pa.C.S.A. 2905 No: 1995-2

Administrative Order

AND NOW, this 10th day of October, 1995, pursuant to the Pennsylvania Adoption
Act of 1980, Section 2905, as amended, it is herby ORDERED and DECREED, that the
following procedures are used regarding adoption inquiries:

1. 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.
2. 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
hereto as appendix "A" and appendix "B" and hereby made part
of this Order. 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 the forms
set forth in appendix "A" and "B".
3. The filing fee for adoption inquiries shall be $20.00 payable to the Register
of Wills
4. An adoptee, and only the 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 proceedings, no one other than an adoptee may
obtain disclosure of said non-identifying information. In Re Adoption of B.E.
W.G., 513 A.2d 1061, 1065 (Pa Super. 1986)
5. The types of non-identifying information to be disclosed if contained in the
adoption records include: (1) The ages, religions 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. In re
Petition to Release Adoption Records Pursuant to 23 PA C.S. 2905, 653 A.2d 1254
(PA Super. 1995).
6. 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 laws clerk for the
President Judge of the Orphans' Court shall retrieve said non-identifying
information.
7. An adoptee, and only an adoptee, may petition for the Orphans' Court to
authorize a search for the purpose of contacting a natural parent. Such a
petition will be granted only upon the petitioner's demonstration of good cause
to warrant the disclosure of and 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 debilitation 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.
8. The Court shall conduct the search 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 on conformity with Pennsylvania Code's
"Statement of Policy on Adoption Record Disclosure Procedures" set
forth at 55 Pa Code 3350.101.
9. 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 hours ($150.00) shall be required, and any portion of that
fee not expended shall be refunded.
10. 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.
11. 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 any information related to that natural parent to the adoptee or the
adoptee's natural guardian if the adoptee is less than 18 years of age. The
waiver form shall substantially conform to appendix "C" attached
hereto and hereby made a part of this Administrative order. 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.
12. Upon a petition which adequately demonstrated 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 disclose by the other natural parent
13. All petition forms enumerated in appendices "A", "B",
and "C" maybe 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.
14. 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 order, not appropriately signed and/or
notarized, or for which the appropriate fees have not been paid.
15. The procedures set fort herein shall apply to any and all adoption inquiries
or related matters adjudicated on or after the date of this Administrative Order

By the Court:

Gerald Long, President Judge or the Court of Common Pleas of Cambria County

Thomas A. Swope, Jr. President Judge of the Orphans' Court of Cambria County

NOTE:
Forms mentioned in the appendix can be obtained from the court or if I receive a
self addressed stamped envelope I will forward a copy.

1999 response

3-5-99 Response from Patty J. Sharbaugh, Register of Wills, Clerk of Orphans'
Court, Cambria County

I am enclosing a packet of Information, Rules, Forms and Fees we provide to
the adoptee and the Waiver form of Confidentiality for the natural parent to
file.

All inquiries are filed in the Register of Wills office. We process them and
send them to the judge.

The adoptee can not place anything in the file, only the natural parent can
place a Waiver of Confidentiality in the file. If the adoptee files a
petition and the waiver from the natural parent is in the file, the adoptee
will be given the information about the natural parent.

If you have additional questions please call (814) 472-1438.

[Enclosed were the Rules of the Orphans' Court Division of Cambria County
Court of Common Pleas, a copy of the Administrative Order regarding Adoption Inquiry
Procedures, a copy of the petition for the disclosure of non-id information, a
petition for Authorization of a designated search agent for the purpose of
contacting natural parent, a petition for the Natural parent's waiver of
confidentiality regarding Adoption proceedings.]

Highlights of the Administrative order regarding Adoption inquiry procedures:

1. Adoption records are kept sealed and confidential. No employee of the
court shall disclose the contents of adoption records or jeopardize the
anonymity of the adoptee or natural parents without a court order.

2. All adoption inquires shall be made by a formal petition. Petition shall
be verified by counsel and petitioner. Any petition not appropriately
verified or notarized shall not be accepted.

3. Filing fee is $20.

4. Only an adoptee may petition for disclosure of non-id.

5. The types of non-id disclosed include: (1) age, religious persuasions &
race of biological parent. (2) Health of adoptee at time of adoption. (3)
General circumstances regarding the bio-parents' relationship. (5) The length
of time the adoptee was in custody of a'parents prior to adoption.

6. Research fee for disclosure of non-id shall be $35. 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-id information fee.

7. Only an adoptee may petition the court to authorize a search for the
purpose of contacting a natural parent. Such a petition will be granted only
upon the petitioner's demonstration of good cause to warrant the disclosure of
and inspection of adoption records. No search shall be authorized simply to
satisfy a petitioner's curiosity. Court may grant a hearing to determine
whether good cause exists. Even if petitioner demonstrates good cause, the
Court may nevertheless refuse to contact the natural parents if it believes
there is "substantial risk" that persons other than natural parents would
learn of the adoptee's existence.

8. Court shall conduct he search through it's agent - Cambria County CYS.

9. Fee for attempting to locate the natural parent to request their consent
to disclose adoption record information shall be $50 per hour. Prepayment of
three hours shall be required.

10. No guarantees that the natural parent will be located or will consent to
disclosure of adoption information.

11. Register of Wills will place any waiver form filed by a natural parent of
the adoptee. Waiver form shall conform to appendix "C" attached hereto.
Waiver shall be notarized. No charge for this.

12. Upon a petition which shows one or both natural parents are deceased or
have consented to disclosure of adoption information, the Court shall disclose
all information in the adoption records. The consent of one natural parent
shall not operate as a consent to disclosure by the other natural parent.

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

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