48.78
48.78
Confidentiality of records. 48.78(1)
(1) In this section, unless otherwise qualified, "agency" means the department, a county department, a licensed child welfare agency, a licensed day care center or a licensed maternity hospital.
48.78(2)(ag)
(ag) Paragraph (a) does not prohibit an agency from making available for inspection or disclosing the contents of a record, upon the request of the parent, guardian or legal custodian of the child who is the subject of the record or upon the request of the child, if 14 years of age or over, to the parent, guardian, legal custodian or child, unless the agency determines that inspection of those records by the child, parent, guardian or legal custodian would result in imminent danger to anyone.
48.78(2)(am)
(am) Paragraph (a) does not prohibit an agency from making available for inspection or disclosing the contents of a record, upon the written permission of the parent, guardian or legal custodian of the child who is the subject of the record or upon the written permission of the child, if 14 years of age or over, to the person named in the permission if the parent, guardian, legal custodian or child specifically identifies the record in the written permission, unless the agency determines that inspection of those records by the person named in the permission would result in imminent danger to anyone.
48.78(2)(b)
(b) Paragraph (a) does not apply to the confidential exchange of information between an agency and another social welfare or law enforcement agency regarding an individual in the care or legal custody of one of the agencies.
48.78(2)(c)
(c) Paragraph (a) does not prohibit the department or a county department from using in the media a picture or description of a child in the guardianship of the department or a county department for the purpose of finding adoptive parents for that child.
48.78(2)(d)
(d) Paragraph (a) does not prohibit the department of health and family services or a county department from disclosing information about an individual formerly in the legal custody or under the supervision of that department under s.
48.34 (4m), 1993 stats., or formerly under the supervision of that department or county department under s.
48.34 (4n), 1993 stats., to the department of corrections, if the individual is at the time of disclosure any of the following:
48.78(2)(g)
(g) Paragraph (a) does not prohibit an agency from disclosing information about an individual in its care or legal custody on the written request of the department of regulation and licensing or of any interested examining board or affiliated credentialing board in that department for use in any investigation or proceeding relating to any alleged misconduct by any person who is credentialed or who is seeking credentialing under
ch. 448,
455 or
457.Unless authorized by an order of the court, the department of regulation and licensing and any examining board or affiliated credentialing board in that department shall keep confidential any information obtained under this paragraph and may not disclose the name of or any other identifying information about the individual who is the subject of the information disclosed, except to the extent that redisclosure of that information is necessary for the conduct of the investigation or proceeding for which that information was obtained.
48.78 History
History: 1979 c. 34;
1981 c. 359;
1983 a. 471 s.
7;
1985 a. 29 s.
3202 (23);
1985 a. 176,
292,
332;
1987 a. 332;
1989 a. 31,
107,
336;
1991 a. 17,
39;
1993 a. 16,
92,
95,
218,
227,
377,
385,
395,
479,
491;
1995 a. 27 ss.
2610 to
2614p,
9126 (19);
1995 a. 77,
230,
352.
48.78 Annotation
Since a juvenile has a constitutional right to both inspect and reply to a hearing examiner's report, 48.78 does not prevent a juvenile from having access to such a report. State ex rel. R.R. v. Schmidt, 63 W (2d) 82, 216 NW (2d) 18.
48.78 Annotation
Exclusions of 48.78, Stats. 1969, relating to confidentiality of child welfare records apply to advisory committees but not to county welfare boards. The statute does not preclude release of non-identifying data to such committees. 59 Atty. Gen. 240.
COMMUNITY SERVICES
48.79
48.79
Powers of the department. The department has authority and power:
48.79(4)
(4) To assist communities in setting up recreational commissions and to assist them in extending and broadening recreational programs so as to reach all children.
48.79(5)
(5) To assist in extending the local child care programs so as to reach all homes needing such help.
48.79(6)
(6) To assist in recruiting and training voluntary leaders for youth-serving organizations.
48.79(7)
(7) To assist localities in securing needed specialized services such as medical, psychiatric, psychological and social work services when existing agencies are not able to supply them.
48.79(8)
(8) To assist localities in making surveys of needs and available resources.
48.79(9)
(9) To assist in appraising the achievement of local programs.
48.79(10)
(10) To serve in a general consultative capacity, acting as a clearing house, developing materials, arranging conferences and participating in public addresses and radio programs.
48.79 History
History: 1989 a. 31,
107;
1995 a. 27,
77.
48.80
48.80
Municipalities may sponsor activities. 48.80(1)
(1) Any municipality is hereby authorized and empowered to sponsor the establishment and operation of any committee, agency or council for the purpose of coordinating and supplementing the activities of public and private agencies devoted in whole or in part to the welfare of youth therein. Any municipality may appropriate, raise and expend funds for the purpose of establishing and of providing an executive staff to such committees, agencies or councils; may levy taxes and appropriate money for recreation and welfare projects; and may also receive and expend moneys from the state or federal government or private persons for such purposes.
48.80(2)
(2) No provision of this section shall be construed as vesting in any youth committee, council or agency any power, duty or function enjoined by law upon any municipal officer, board or department or as vesting in such committee, council or agency any supervisory or other authority over such officer, board or department.
48.80(3)
(3) In this section municipality means a county, city, village or town.
ADOPTION OF MINORS; GUARDIANSHIP
48.81
48.81
Who may be adopted. Any minor who meets all of the following criteria may be adopted:
48.81(1)
(1) Except as provided under
s. 48.839 (3) (b) or if an appointment of guardianship has been made under
s. 48.831, a minor whose parental rights have been terminated under
subch. VIII or in another state or a foreign jurisdiction.
48.81(2)
(2) A minor who is present within this state at the time the petition for adoption is filed.
48.81 History
History: 1987 a. 383;
1989 a. 161.
48.81 Annotation
Sub. (1) prevents a birth parent's nonmarital partner from adopting the birth parent's child absent termination of the birth parent's parental rights. Except in the case of stepparent adoption, a child is not eligible for adoption unless the parental rights of both birth parents are terminated. This provision does not violate the constitutional rights of either the child or nonmarital partner. Interest of Angel Lace M. 184 W (2d) 492, 516 NW (2d) 678 (1994).
48.82
48.82
Who may adopt. 48.82(1)(1) The following persons are eligible to adopt a minor if they are residents of this state:
48.82(1)(a)
(a) A husband and wife jointly, or either the husband or wife if the other spouse is a parent of the minor.
48.82(3)
(3) When practicable and if requested by the birth parent, the adoptive parents shall be of the same religious faith as the birth parents of the person to be adopted.
48.82(4)
(4) No person may be denied the benefits of this subchapter because of a religious belief in the use of spiritual means through prayer for healing.
48.82(5)
(5) Although otherwise qualified, no person shall be denied the benefits of this section because the person is deaf, blind or has other physical handicaps.
48.82(6)
(6) No otherwise qualified person may be denied the benefits of this subchapter because of his or her race, color, ancestry or national origin.
48.82 Annotation
Standing to object to adoption proceedings turns on the right to petition for adoption; grandparents excluded from petitioning under s. 48.90 (1) (a) had no standing to object to the adoption of their grandchildren. Adoption of J.C.G. 177 W (2d) 424, 501 NW (2d) 908 (Ct. App. 1993).
48.83
48.83
Jurisdiction and venue. 48.83(1)
(1) The court of the county where the proposed adoptive parent or child resides, upon the filing of a petition for adoption or for the adoptive placement of a child, has jurisdiction over the child until the petition is withdrawn, denied or granted. Venue shall be in the county where the proposed adoptive parent or child resides at the time the petition is filed. The court may transfer the case to a court in the county in which the proposed adoptive parents reside.
48.83(2)
(2) If the adoption is denied, jurisdiction over the child shall immediately revert to the court which appointed the guardian, unless the appointing court is a court of another state or foreign jurisdiction, in which case the court of the county where the child is shall have jurisdiction.
48.831
48.831
Appointment of guardian for child without a living parent for adoptability finding. 48.831(1)
(1)
Type of guardianship. This section may be used for the appointment of a guardian of a child who does not have a living parent if a finding as to the adoptability of a child is sought. Except as provided in
s. 48.977,
ch. 880 applies to the appointment of a guardian for a child who does not have a living parent for all other purposes. An appointment of a guardian of the estate of a child who does not have a living parent shall be conducted in accordance with the procedures specified in
ch. 880.
48.831(1m)
(1m) Petition. Any of the following may file a petition for appointment of a guardian for a child who is believed to be in need of protection or services because he or she is without a living parent as described under
s. 48.13 (1):
48.831(1m)(d)
(d) A relative or family member of the child or a person whom the child has resided with and who has also acted as a parent of the child.
48.831(1m)(e)
(e) A guardian appointed under
ch. 880 whose resignation as guardian has been accepted by a court under
s. 880.17 (1).
48.831(2)
(2) Report. If the department, county department or child welfare agency files a petition, it shall submit a report to the court containing as much of the information specified under
s. 48.425 (1) (a) and
(am) as is reasonably ascertainable and, if applicable, the information specified under
s. 48.425 (1) (g). If the petition is filed by a relative or other person specified under
sub. (1m) (d), the court shall order the department or a child welfare agency, if the department or agency consents, or a county department to file a report containing the information specified in this subsection. The department, county department or child welfare agency shall file the report at least 5 days before the date of the fact-finding hearing on the petition.
48.831(3)
(3) Fact-finding hearing. The court shall hold a fact-finding hearing on the petition, at which any party may present evidence relevant to the issue of whether the child has a living parent. If the court finds that the child has a living parent, the court shall dismiss the petition or grant the petitioner leave to amend the petition to a petition under
s. 48.42 (1).
48.831(4)(a)(a) If the court, at the conclusion of the fact-finding hearing, finds that the child has no living parent, the court shall proceed to a dispositional hearing. Any party may present evidence, including expert testimony, relevant to the issue of disposition. In determining the appropriate disposition, the court shall consider any factors under
s. 48.426 (3) (a) to
(d) that are applicable.
48.831(4)(b)
(b) If the court finds that adoption is in the child's best interest, the court shall order that the child be placed in the guardianship and custody of one of the following:
48.831(4)(c)
(c) If the court finds that adoption is not in the child's best interest, the court shall order that the child be placed in the guardianship of the department and place the child in the custody of a county department.
48.831(4)(e)
(e) The court shall order the custodian appointed under
par. (b) or
(c) to prepare a permanency plan under
s. 48.38 for the child within 60 days after the date of the order. A permanency plan ordered under this paragraph is subject to review under
s. 48.38 (5). In preparing a permanency plan, the department, county department or child welfare agency need not include any information specified in
s. 48.38 (4) that relates to the child's parents or returning the child to his or her home. In reviewing a permanency plan, a court or panel need not make any determination under
s. 48.38 (5) (c) that relates to the child's parents or returning the child to his or her home.
48.831 History
History: 1989 a. 161;
1995 a. 73,
275.
48.832
48.832
Transfer of guardianship upon revocation of guardian's license. If the department revokes the license of a county department licensed under
s. 48.57 (1) (e) or
(hm) to accept guardianship, or of a child welfare agency licensed under
s. 48.61 (5) to accept guardianship, the department shall file a motion in the court that appointed the guardian for each child in the guardianship of the county department or agency, requesting that the court transfer guardianship and custody of the child. The motion may specify a county department or child welfare agency that has consented to accept guardianship of the child. The court shall transfer guardianship and custody of the child either to the county department or child welfare agency specified in the motion or to another county department under
s. 48.57 (1) (e) or
(hm) or a child welfare agency under
s. 48.61 (5) which consents to the transfer. If no county department or child welfare agency consents, the court shall transfer guardianship and custody of the child to the department.
48.832 History
History: 1989 a. 161.
48.833
48.833
Placement of children for adoption by the department, county departments and child welfare agencies. The department, a county department under
s. 48.57 (1) (e) or
(hm) or a child welfare agency licensed under
s. 48.60 may place a child for adoption in a licensed foster home or a licensed treatment foster home without a court order if the department, county department under
s. 48.57 (1) (e) or
(hm) or the child welfare agency is the guardian of the child or makes the placement at the request of another agency which is the guardian of the child. Before placing a child for adoption under this section, the department, county department or child welfare agency making the placement shall consider the availability of a placement for adoption with a relative of the child who is identified in the child's permanency plan under
s. 48.38 or
938.38 or who is otherwise known by the department, county department or child welfare agency. When a child is placed under this section in a licensed foster home or a licensed treatment foster home for adoption, the department, county department or child welfare agency making the placement shall enter into a written agreement with the adoptive parent, which shall state the date on which the child is placed in the licensed foster home or licensed treatment foster home for adoption by the adoptive parent.
48.835
48.835
Placement of children with relatives for adoption. 48.835(1)(1)
Definition. In this section and
s. 48.837, "custody" means physical custody of a child by the child's parent not in violation of a custody order issued by a court. "Custody" does not include physical custody of a child during a period of physical placement with a parent who does not have legal custody of the child.
48.835(2)
(2) Adoptive placement. A parent having custody of a child may place the child for adoption in the home of a relative without a court order.
48.835(3)
(3) Petition for termination of parental rights required; exception. 48.835(3)(a)(a) If the child's parent has not filed a petition for the termination of parental rights under
s. 48.42, the relative with whom the child is placed shall file a petition for the termination of the parents' rights at the same time the petition for adoption is filed, except as provided under
par. (b).
48.835(3)(b)
(b) If the person filing the adoption petition is a stepparent with whom the child and the child's parent reside, the stepparent shall file only a petition to terminate the parental rights of the parent who does not have custody of the child.
48.835(4)
(4) Hearings. Notwithstanding
s. 48.90 (1) (a), the court may hold the hearing on the adoption petition immediately after entering the order to terminate parental rights under
s. 48.427 (3).
48.835 History
History: 1981 c. 81;
1987 a. 355.
48.835 Annotation
Concurrent TPR/adoption proceedings under 48.835 are subject to requirement under 48.422 that initial hearing be held within 30 days of filing petition. In re J.L.F. 168 (2d) 634, 484 NW (2d) 359 (Ct. App. 1992).
48.835 Annotation
Grandparents excluded from petitioning under s. 48.90 (1) (a) had no standing under this section to object to the adoption of their grandchildren. Adoption of J.C.G. 177 W (2d) 424, 501 NW (2d) 908 (Ct. App. 1993).
48.837
48.837
Placement of children with nonrelatives for adoption.
