Spivak Law Firm

Based in Pittsburgh, PA

412-344-4900

Spivak Law Firm is BBB Accredited

Daily Archives: July 21, 2012

Pennsylvania Open-Records Laws

In the wake of the Jerry Sandusky trial, there has been much talk about whether Penn State should suspend its elite football program, whether the iconic Joe Paterno statue should be removed, and whether more top brass at the university should be fired. These questions all deal with punishing the university for protecting a child predator. But a more pressing matter is how to ensure that such horrors never happen again.

That’s why we strongly support legislation that would bring Penn State under Pennsylvania’s open-records laws. Though supported by tax dollars, Penn State, Pitt, Temple, and Lincoln universities all are inexplicably exempt from Pennsylvania’s Right to Know Law. That means Penn State’s records, including police reports, are closed to public view.

“Even the FBI must comply with open records filings, but not Penn State’s cops,” writes columnist Al Tompkins in Northwestern University’s Poynter.org. “That would become a key way the 1998 report about sexual misconduct by Jerry Sandusky stayed hidden for more than a decade.”

Second-Parent Adoption Law

Today in the United States there are some two million kids who are being raised by same-sex couples. But 30 states do not have laws allowing lesbian, gay, bisexual, and transgender (GLBT) parents to both adopt.

As a result, many of these families face legal obstacles that heterosexual parents never have to worry about, according to a recent report by Movement Advancement Project, Family Equality Council, and Center for American Progress. Such obstacles range from a child’s ability to collect Social Security death benefits to a parent’s ability to make medical decisions for the child or receive visitation rights in the event of a breakup.

According to The New York Times: “The inequities don’t end there. If the biological or legal parent were to die or become disabled, the child could be placed with a distant relative or in foster care instead of staying with the nonlegal parent. Having a legal relationship also provides children with the right to sue over a parent’s wrongful death, and it usually gives them the right to inherit from a parent who dies without a will.”

Pennsylvania is among just five states that allow second-parent adoptions, which enables the partner of a legal parent to adopt even if the adults are not considered married. For more information on second-parent adoptions in Pennsylvania, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.