LRB-5346/1
GMM:skg&mkd:kat
1995 - 1996 LEGISLATURE
March 14, 1996 - Introduced by Representatives Notestein, Freese, Plache,
Seratti, Riley, Gunderson, Baldwin, Bock, Bell, Springer, Boyle
and
Musser, cosponsored by Senator Buettner. Referred to Committee on
Children and Families.
AB1031,1,2 1An Act to repeal and recreate 48.433 (8) of the statutes; relating to: disclosure
2of identifying information about deceased birth parents.
Analysis by the Legislative Reference Bureau
Current law provides a procedure by which a person whose birth parent's rights
have been terminated, or who has been adopted, in this state may require the
department of health and social services (DHSS) or an agency such as a county
department of human services or social services or a child welfare agency that has
contracted with DHSS to administer the adoption search program (agency) to
provide the person, after the person reaches 21 years of age, with any information
that is available to DHSS or the agency regarding the identity and location of the
person's birth parents. DHSS or the agency may provide the identity and location
of a birth parent only if DHSS or the agency has on file an unrevoked affidavit from
the birth parent authorizing DHSS or the agency to disclose that information. If
DHSS or the agency does not have on file an unrevoked affidavit from each known
birth parent, DHSS or the agency must search for each birth parent who has not filed
an affidavit. Upon locating a birth parent, DHSS must give the birth parent an
opportunity to file an affidavit. If a known birth parent cannot be located, DHSS or
the agency may disclose identifying information concerning that birth parent if the
other birth parent has filed an unrevoked affidavit. If a birth parent who has not filed
an affidavit is known to be deceased, DHSS or the agency may not provide the
identity of that birth parent but may provide the identity and location of the other
birth parent if the other birth parent has filed an unrevoked affidavit and if one year
has elapsed since the death of the birth parent.
This bill provides that if a birth parent is deceased, the department of health
and family services (DHFS) (the new name for DHSS effective July 1, 1996) or an
agency must disclose the identity of the deceased birth parent and, if the other birth
parent has filed an unrevoked affidavit, DHFS or the agency must provide the
requester with his or her original birth certificate and with the identity and location

of the other birth parent, with no one-year waiting period as under current law. If
the other birth parent has not filed an affidavit, DHFS or the agency must disclose
the identity of the deceased birth parent and undertake a search for the other birth
parent, but may not provide the requester with his or her original birth certificate
or with the identity or location of the other birth parent.
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:
AB1031, s. 1 1Section 1. 48.433 (8) of the statutes, as affected by 1995 Wisconsin Act 27, is
2repealed and recreated to read:
AB1031,2,63 48.433 (8) If a birth parent is known to be deceased, the department, or agency
4contracted with under sub. (11), shall so inform the requester. The department or
5agency shall provide the requester with the identity of the deceased birth parent and,
6in addition, take the following actions under the following circumstances:
AB1031,2,117 (a) If the other birth parent was unknown at the time of the proceeding for
8termination of parental rights or consent to adoption or is known to be deceased, the
9department or agency shall provide the requester with his or her original birth
10certificate and with any available information that the department or agency has on
11file regarding the identity and location of the other birth parent.
AB1031,2,1712 (b) If the other birth parent was known at the time of the termination of
13parental rights or consent to adoption and is not known to be deceased and has filed
14an unrevoked affidavit under sub. (2), the department or agency shall provide the
15requester with his or her original birth certificate and with any available information
16that the department or agency has on file regarding the identity and location of the
17other birth parent.
AB1031,3,6
1(c) If the other birth parent was known at the time of the termination of
2parental rights or consent to adoption and is not known to be deceased, but has not
3filed an affidavit under sub. (2), the department or agency may not provide the
4requester with his or her original birth certificate or with the identity or location of
5the other birth parent, but shall conduct a search under sub. (6) for the other birth
6parent.
AB1031, s. 2 7Section 2. Initial applicability.
AB1031,3,10 8(1) This act first applies to requests for access to identifying information about
9birth parents, as defined in section 48.433 (1) (b) of the statutes, that are received by
10the department of health and family services on the effective date of this subsection.
AB1031, s. 3 11Section 3. Effective date.
AB1031,3,13 12(1)This act takes effect on July 1, 1996, or on the day after publication,
13whichever is later.
AB1031,3,1414 (End)
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