LRB-4667/1
EAW:kjf
2019 - 2020 LEGISLATURE
November 21, 2019 - Introduced by Representatives L. Myers, Considine,
Crowley, Doyle, Subeck, Zamarripa, C. Taylor, Sinicki, Sargent, Neubauer,
Hebl, Emerson, Brostoff, Bowen, Billings and Anderson, cosponsored by
Senators Smith, Bewley, Wirch and Larson. Referred to Committee on
Family Law.
AB625,1,8 1An Act to renumber and amend 48.433 (8r) (b) and 48.433 (8r) (c); to amend
220.437 (1) (jj), 48.433 (title), 48.433 (1) (a), 48.433 (2), 48.433 (3) (intro.), 48.433
3(5) (intro.), 48.433 (5) (a), 48.433 (6) (a), 48.433 (6) (d), 48.433 (7) (a) (intro.) and
43., (b), (c), (d), (e) and (f), 48.433 (8) (a), 48.433 (8) (b), 48.433 (8m), 48.433 (8r)
5(d) and 48.433 (11); and to create 48.433 (1) (am), 48.433 (8r) (b) 1. and 2.,
648.433 (8r) (bm), 48.433 (8r) (c) (intro.), 48.433 (8r) (cm) 2. and 3. and 48.433 (8r)
7(e) of the statutes; relating to: searching for a biological sibling who has been
8adopted, granting rule-making authority, and making an appropriation.
Analysis by the Legislative Reference Bureau
Under current law, a person 18 years of age or over whose birth parent's rights
have been terminated or who has been adopted in this state may file an affidavit with
the Department of Children and Families allowing DCF to release contact
information about that person to his or her birth parents if they request it. Under
current law, only a birth parent is allowed to request the information about his or her
birth child.
This bill allows an adult biological sibling or the parent, guardian, or legal
custodian of a biological sibling who is a minor child to request information about a
person whose birth parent's parental rights have been terminated in this state, or

about that person's adoptive parents, if that person is a minor child. Under the bill,
DCF is required to release the information about an adult biological sibling or the
adoptive parent of a minor biological sibling if the information is requested and if the
adult sibling or adoptive parent has filed an affidavit authorizing the release of the
information.
Under the bill, if there is no affidavit on file for a sibling or adoptive parent of
a sibling, DCF or an agency contracted with by DCF is required to search for any
biological siblings or adoptive parents of a biological sibling of the requester or the
requester's child. If a search is conducted and an adult biological sibling or adoptive
parent of a minor biological sibling of the requester or the requester's child is found,
DCF or the contracted agency is required to inform the biological sibling or adoptive
parent of the purpose of the search and to give him or her the opportunity to file an
affidavit allowing his or her information to be released to the requester.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB625,1 1Section 1 . 20.437 (1) (jj) of the statutes is amended to read:
AB625,2,102 20.437 (1) (jj) Searches for birth parents, siblings, and adoption record
3information; foreign adoptions.
The amounts in the schedule for paying the cost of
4searches for birth parents under ss. 48.432 (4) and 48.433 (6) and for biological
5siblings under s. 48.433 (8r)
and for paying the costs of reviewing, certifying and
6approving foreign adoption documents under s. 48.838 (2) and (3). All moneys
7received as fees paid by persons requesting a search under s. 48.432 (3) (c) or (4),
848.433 (6) or (8r) (e), or 48.93 (1r) and paid by persons for the review, certification and
9approval of foreign adoption documents under s. 48.838 (2) and (3) shall be credited
10to this appropriation.
AB625,2 11Section 2 . 48.433 (title) of the statutes is amended to read:
AB625,2,13 1248.433 (title) Access to identifying information about parents and
13biological siblings
.
AB625,3 14Section 3 . 48.433 (1) (a) of the statutes is amended to read:
AB625,3,3
148.433 (1) (a) “Agency" has the meaning given under s. 48.432 (1) (ag) means
2a county department or a licensed child welfare agency that the department
3contracts with under sub. (11)
.
AB625,4 4Section 4. 48.433 (1) (am) of the statutes is created to read:
AB625,3,65 48.433 (1) (am) “Biological sibling” means a person with whom an individual
6shares at least one birth parent.
AB625,5 7Section 5 . 48.433 (2) of the statutes is amended to read:
AB625,3,158 48.433 (2) Any birth parent whose rights have been terminated in this state
9at any time, or who has consented to the adoption of his or her child in this state
10before February 1, 1982, may file an affidavit with the department, or agency
11contracted with under sub. (11), an affidavit authorizing the department or agency
12to provide the child with his or her original birth certificate and with any other
13available information about the birth parent's identity and location. An affidavit
14filed under this subsection may be revoked at any time by notifying the department
15or agency in writing.
AB625,6 16Section 6 . 48.433 (3) (intro.) of the statutes is amended to read:
AB625,3,2117 48.433 (3) (intro.) Any person 18 years of age or over adult whose birth parent's
18rights have been terminated in this state or who has been adopted in this state with
19the consent of his or her birth parent or parents before February 1, 1982, may request
20the department, or agency contracted with under sub. (11), to provide the person with
21the following:
AB625,7 22Section 7 . 48.433 (5) (intro.) of the statutes is amended to read:
AB625,3,2423 48.433 (5) (intro.) The department, or agency contracted with under sub. (11),
24shall disclose the requested information in either of the following circumstances:
AB625,8 25Section 8 . 48.433 (5) (a) of the statutes is amended to read:
AB625,4,2
148.433 (5) (a) The department, or agency contracted with under sub. (11), has
2on file unrevoked affidavits filed under sub. (2) from both birth parents.
AB625,9 3Section 9 . 48.433 (6) (a) of the statutes is amended to read:
AB625,4,104 48.433 (6) (a) If the department, or agency contracted with under sub. (11), does
5not have on file an affidavit from each known birth parent, it shall, within 3 months
6after the date of the original request, undertake a diligent search for each birth
7parent who has not filed an affidavit. The search shall be completed within 6 months
8after the date of the request, unless the search falls within one of the exceptions
9established by the department by rule. If any information has been provided under
10sub. (5), the department or agency is not required to conduct a search.
AB625,10 11Section 10 . 48.433 (6) (d) of the statutes is amended to read:
AB625,4,1712 48.433 (6) (d) The department, or agency contracted with under sub. (11), shall
13charge the requester a reasonable fee for the cost of the search. When the
14department or agency determines that the fee will exceed $100 for either birth
15parent, it shall notify the requester. No fee in excess of $100 per birth parent may
16be charged unless the requester, after receiving notification under this paragraph,
17has given consent to proceed with the search.
AB625,11 18Section 11 . 48.433 (7) (a) (intro.) and 3., (b), (c), (d), (e) and (f) of the statutes
19are amended to read:
AB625,4,2320 48.433 (7) (a) (intro.) The department or agency conducting the search shall,
21upon locating a birth parent, adult biological sibling, or adoptive parent of a minor
22biological sibling,
make at least one verbal contact and notify him or her of the
23following:
AB625,5,3
13. The fact that the birth parent, adult biological sibling, or adoptive parent of
2a minor biological sibling
has the right to file with the department the affidavit under
3sub. (2) or (8r) (b).
AB625,5,84 (b) Within 3 working days after contacting a birth parent, adult biological
5sibling, or adoptive parent of a minor biological sibling
, the department, or agency
6contracted with under sub. (11), shall send the birth parent, adult biological sibling,
7or adoptive parent of a minor biological sibling
a written copy of the information
8specified under par. (a) and a blank copy of the appropriate affidavit.
AB625,5,119 (c) If the birth parent, adult biological sibling, or adoptive parent of a minor
10biological sibling
files the affidavit, the department, or agency contracted with under
11sub. (11),
shall disclose the requested information if permitted under sub. (5) or (8r).
AB625,5,1612 (d) If the department or an agency has contacted a birth parent , adult biological
13sibling, or adoptive parent of a minor biological sibling
under this subsection, and the
14birth parent, adult biological sibling, or adoptive parent of a minor biological sibling
15does not file the affidavit, the department may not disclose the requested
16information.
AB625,5,2017 (e) If, after a search under this subsection, a known birth parent cannot be
18located, the department, or agency contracted with under sub. (11), may disclose the
19requested information if the other birth parent has filed an unrevoked affidavit
20under sub. (2).
AB625,6,221 (f) The department or agency conducting a search under this subsection may
22not contact a birth parent, adult biological sibling, or adoptive parent of a minor
23biological sibling
again on behalf of the same requester until at least 12 months after
24the date of the previous contact. Further contacts with a birth parent , adult
25biological sibling, or adoptive parent of a minor biological sibling
under this

1subsection on behalf of the same requester may be made only if 5 years have elapsed
2since the date of the last contact.
AB625,12 3Section 12 . 48.433 (8) (a) of the statutes is amended to read:
AB625,6,124 48.433 (8) (a) If a birth parent is known to be deceased, the department, or
5agency contracted with under sub. (11), shall so inform the requester. The
6department or agency shall provide the requester with the identity of the deceased
7parent. If both birth parents are known to be deceased, the department or agency
8shall provide the requester with his or her original birth certificate. If only one birth
9parent is known to be deceased, the department or agency shall provide the requester
10with his or her original birth certificate and any available information it has on file
11regarding the identity and location of the other birth parent if the other birth parent
12has filed an unrevoked affidavit under sub. (2).
AB625,13 13Section 13 . 48.433 (8) (b) of the statutes is amended to read:
AB625,6,1714 48.433 (8) (b) If a birth parent is known to be dead, the department, or agency
15contracted with under sub. (11), in addition to the information provided under par.
16(a), shall provide the requester with any nonidentifying social history information
17about the deceased parent on file with the department or agency.
AB625,14 18Section 14 . 48.433 (8m) of the statutes is amended to read:
AB625,6,2219 48.433 (8m) If the department, or agency contracted with under sub. (11), may
20not disclose the information requested under this section, it shall provide the
21requester with any nonidentifying social history information about either of the
22birth parents that it has on file.
AB625,15 23Section 15 . 48.433 (8r) (b) of the statutes is renumbered 48.433 (8r) (b) (intro.)
24and amended to read:
AB625,7,9
148.433 (8r) (b) (intro.) Any person 18 years of age or over whose birth parent's
2rights have been terminated in this state or who has been adopted in this state with
3the consent of his or her birth parent or parents before February 1, 1982,
of the
4following
may file with the department, or agency contracted with under sub. (11),
5an affidavit authorizing the department or agency to provide the person's birth
6parent with any available
release information about the his or her identity and
7location of the person. An affidavit filed under this subsection may be revoked at any
8time by notifying the department or agency in writing.
in accordance with this
9section:
AB625,16 10Section 16 . 48.433 (8r) (b) 1. and 2. of the statutes are created to read:
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