AB150: Bill Text Engrossed

AB150-engrossed,874,13 48.432 (4) (g) If a birth parent is located but refuses to provide the information requested, the department, or agency contracted with under sub. (9), shall notify the requester, without disclosing the birth parent's identity or location, and the requester may petition the circuit court to order the birth parent to disclose the information. The court shall grant the motion for good cause shown.

AB150-engrossed, s. 2505 Section 2505. 48.432 (8m) (intro.) of the statutes is amended to read:

AB150-engrossed,874,16 48.432 (8m) (intro.)  The department, or agency contracted with under sub. (9), shall give priority to all of the following:

AB150-engrossed, s. 2506 Section 2506. 48.432 (9) of the statutes is amended to read:

AB150-engrossed,874,19 48.432 (9) The department shall promulgate rules to implement this section and may contract with an agency to administer this section.

AB150-engrossed, s. 2507 Section 2507. 48.433 (2) of the statutes is amended to read:

AB150-engrossed,875,3 48.433 (2) Any birth parent whose rights have been terminated in this state at any time, or who has consented to the adoption of his or her child in this state before February 1, 1982, may file with the department, or agency contracted with under sub. (11), an affidavit authorizing the department or agency to provide the child with his or her original birth certificate and with any other available information about the birth parent's identity and location. An affidavit filed under this subsection may be revoked at any time by notifying the department or agency in writing.

AB150-engrossed, s. 2508 Section 2508. 48.433 (3) (intro.) of the statutes is amended to read:

AB150-engrossed,875,9 48.433 (3) (intro.)  Any person 21 years of age or over whose birth parent's rights have been terminated in this state or who has been adopted in this state with the consent of his or her birth parent or parents before February 1, 1982, may request the department, or agency contracted with under sub. (11), to provide the person with the following:

AB150-engrossed, s. 2509 Section 2509. 48.433 (4) of the statutes is amended to read:

AB150-engrossed,875,12 48.433 (4) Before acting on the request, the department , or agency contracted with under sub. (11), shall require the requester to provide adequate identification.

AB150-engrossed, s. 2510 Section 2510. 48.433 (5) (intro.) of the statutes is amended to read:

AB150-engrossed,875,15 48.433 (5) (intro.)  The department, or agency contracted with under sub. (11), shall disclose the requested information in either of the following circumstances:

AB150-engrossed, s. 2511 Section 2511. 48.433 (5) (a) of the statutes is amended to read:

AB150-engrossed,875,18 48.433 (5) (a) The department, or agency contracted with under sub. (11), has on file unrevoked affidavits filed under sub. (2) from both birth parents.

AB150-engrossed, s. 2512 Section 2512. 48.433 (6) (a) of the statutes is amended to read:

AB150-engrossed,876,2 48.433 (6) (a) If the department, or agency contracted with under sub. (11), does not have on file an affidavit from each known birth parent, it shall, within 3 months after the date of the original request, undertake a diligent search for each birth parent who has not filed an affidavit. The search shall be completed within 6 months after the date of the request, unless the search falls within one of the exceptions established by the department by rule. If any information has been provided under sub. (5), the department or agency is not required to conduct a search.

AB150-engrossed, s. 2513 Section 2513. 48.433 (6) (b) of the statutes is repealed.

AB150-engrossed, s. 2514 Section 2514. 48.433 (6) (d) of the statutes is amended to read:

AB150-engrossed,876,10 48.433 (6) (d) The department, or agency designated by the department contracted with under par. (b) sub. (11), shall charge the requester a reasonable fee for the cost of the search. When the department or agency determines that the fee will exceed $100 for either birth parent, it shall notify the requester. No fee in excess of $100 per birth parent may be charged unless the requester, after receiving notification under this paragraph, has given consent to proceed with the search.

AB150-engrossed, s. 2515 Section 2515. 48.433 (7) (b) of the statutes is amended to read:

AB150-engrossed,876,15 48.433 (7) (b) Within 3 working days after contacting a birth parent, the department, or agency contracted with under sub. (11), shall send the birth parent a written copy of the information specified under par. (a) and a blank copy of the affidavit.

AB150-engrossed, s. 2516 Section 2516. 48.433 (7) (c) of the statutes is amended to read:

AB150-engrossed,876,19 48.433 (7) (c) If the birth parent files the affidavit, the department, or agency contracted with under sub. (11), shall disclose the requested information if permitted under sub. (5).

AB150-engrossed, s. 2517 Section 2517. 48.433 (7) (e) of the statutes is amended to read:

AB150-engrossed,876,24 48.433 (7) (e) If, after a search under this subsection, a known birth parent cannot be located, the department, or agency contracted with under sub. (11), may disclose the requested information if the other birth parent has filed an unrevoked affidavit under sub. (2).

AB150-engrossed, s. 2518 Section 2518. 48.433 (8) (a) (intro.) of the statutes is amended to read:

AB150-engrossed,877,7 48.433 (8) (a) (intro.) If a birth parent is known to be dead and has not filed an unrevoked affidavit under sub. (2), the department, or agency contracted with under sub. (11), shall so inform the requester. The department or agency may not provide the requester with his or her original birth certificate or with the identity of that parent, but shall provide the requester with any available information it has on file regarding the identity and location of the other birth parent if both of the following conditions exist:

AB150-engrossed, s. 2519 Section 2519. 48.433 (8) (b) of the statutes is amended to read:

AB150-engrossed,877,12 48.433 (8) (b) If a birth parent is known to be dead, the department, or agency contracted with under sub. (11), in addition to the information provided under par. (a), shall provide the requester with any nonidentifying social history information about the deceased parent on file with the department or agency.

AB150-engrossed, s. 2520 Section 2520. 48.433 (8m) of the statutes is amended to read:

AB150-engrossed,877,17 48.433 (8m) If the department, or agency contracted with under sub. (11), may not disclose the information requested under this section, it shall provide the requester with any nonidentifying social history information about either of the birth parents that it has on file.

AB150-engrossed, s. 2521 Section 2521. 48.433 (11) of the statutes is amended to read:

AB150-engrossed,877,20 48.433 (11) The department shall promulgate rules to implement this section and may contract with an agency to administer this section.

AB150-engrossed, s. 2522 Section 2522. Subchapter IX (title) of chapter 48 [precedes 48.44] of the statutes is amended to read:

AB150-engrossed,877,23 CHAPTER 48

AB150-engrossed,878,3 SUBCHAPTER IX JURISDICTION OVER PERSON 18 17 OR OLDER

AB150-engrossed, s. 2523 Section 2523. 48.44 (title) and (1) of the statutes are amended to read:

AB150-engrossed,878,7 48.44 (title) Jurisdiction over persons 18 17 or older. (1) The court has jurisdiction over persons 18 17 or older as provided under ss. 48.355 (4) and 48.45 and as otherwise specifically provided in this chapter.

AB150-engrossed, s. 2524 Section 2524. 48.45 (1) (a) of the statutes is amended to read:

AB150-engrossed,878,15 48.45 (1) (a) If in the hearing of a case of a child alleged to be in a condition described in s. 48.12 or 48.13 it appears that any person 18 17 or older has been guilty of contributing to, encouraging, or tending to cause by any act or omission, such condition of the child, the judge may make orders with respect to the conduct of such person in his or her relationship to the child, including orders determining the ability of the person to provide for the maintenance or care of the child and directing when, how and where funds for the maintenance or care shall be paid.

AB150-engrossed, s. 2525 Section 2525. 48.45 (3) of the statutes is amended to read:

AB150-engrossed,878,21 48.45 (3) If it appears at a court hearing that any person 18 17 or older has violated s. 948.40, the judge shall refer the record to the district attorney for criminal proceedings as may be warranted in the district attorney's judgment. This subsection does not prevent prosecution of violations of s. 948.40 without the prior reference by the judge to the district attorney, as in other criminal cases.

AB150-engrossed, s. 2526 Section 2526. 48.48 (intro.) of the statutes is amended to read:

AB150-engrossed,878,24 48.48 (title) Authority of department of health and social services. (intro.) The department of health and social services shall have authority:

AB150-engrossed, s. 2526m Section 2526m. 48.48 (1) of the statutes is amended to read:

AB150-engrossed,879,7 48.48 (1) To promote the enforcement of the laws relating to delinquent children, nonmarital children and children in need of protection or services including developmentally disabled children and to take the initiative in all matters involving the interests of such children where adequate provision therefor is not made. This duty shall be discharged in cooperation with the courts, county departments, licensed child welfare agencies and with parents and other individuals interested in the welfare of children.

AB150-engrossed, s. 2527m Section 2527m. 48.48 (3) of the statutes is amended to read:

AB150-engrossed,879,13 48.48 (3) To accept legal custody of children transferred to it by the court under s. 48.355 and guardianship of children when appointed by the court, and to provide special treatment and care when directed by the court. A court may not direct the department to administer psychotropic medications to children who receive special treatment or care under this subsection.

AB150-engrossed, s. 2528m Section 2528m. 48.48 (4) of the statutes, as affected by 1993 Wisconsin Act 385, is repealed.

AB150-engrossed, s. 2528r Section 2528r. 48.48 (4m) (intro.) of the statutes is repealed.

AB150-engrossed, s. 2529 Section 2529. 48.48 (4m) (a) of the statutes is amended to read:

AB150-engrossed,879,18 48.48 (4m) (a) Is at least 18 17 years of age;

AB150-engrossed, s. 2529m Section 2529m. 48.48 (4m) (a) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed.

AB150-engrossed, s. 2530 Section 2530. 48.48 (4m) (b) of the statutes, as affected by 1993 Wisconsin Act 385, is amended to read:

AB150-engrossed,879,24 48.48 (4m) (b) Was in the legal custody of the department or under its supervision under s. 48.34 (4m) or (4n) when the person reached 18 17 years of age;

AB150-engrossed, s. 2530m Section 2530m. 48.48 (4m) (b) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed.

AB150-engrossed, s. 2530p Section 2530p. 48.48 (4m) (c) of the statutes is repealed.

AB150-engrossed, s. 2530r Section 2530r. 48.48 (4m) (d) of the statutes is repealed.

AB150-engrossed, s. 2530t Section 2530t. 48.48 (5) of the statutes, as affected by 1993 Wisconsin Act 385, is repealed.

AB150-engrossed, s. 2530v Section 2530v. 48.48 (6) of the statutes, as affected by 1993 Wisconsin Act 385, is repealed.

AB150-engrossed, s. 2531 Section 2531. 48.48 (12) (a) of the statutes is amended to read:

AB150-engrossed,880,14 48.48 (12) (a) To enter into an agreement to assist in the cost of care of a child after legal adoption when the department has determined that such assistance is necessary to assure the child's adoption. Agreements under this paragraph shall be made in accordance with s. 48.975. Payments shall be made from the appropriation under s. 20.435 (7) (3) (dd).

AB150-engrossed, s. 2531m Section 2531m. 48.48 (13) of the statutes is amended to read:

AB150-engrossed,880,18 48.48 (13) To promulgate rules for the payment of an allowance to children in its institutions and a cash grant to a child being discharged from its institutions or released to aftercare or corrective sanctions supervision.

AB150-engrossed, s. 2532 Section 2532 . 48.48 (14) of the statutes, as affected by 1993 Wisconsin Act 385, is amended to read:

AB150-engrossed,881,2 48.48 (14) To pay maintenance, tuition and related expenses from the appropriations under s. 20.435 (3) (ho) and (7) (dd) for persons who when they reached 18 17 years of age were students regularly attending a school, college or university or regularly attending a course of vocational or technical training designed to fit them for gainful employment, and who when reaching that age were in the legal custody of the department or under its supervision under s. 48.34 (4m) or (4n) as a result of a judicial decision.

AB150-engrossed, s. 2533m Section 2533m. 48.48 (14) of the statutes, as affected by 1993 Wisconsin Act 385 and 1995 Wisconsin Act .... (this act), is repealed.

AB150-engrossed, s. 2534m Section 2534m. 48.48 (16) of the statutes is amended to read:

AB150-engrossed,881,8 48.48 (16) To establish and enforce standards for services provided under ss. 48.34 and s. 48.345 (1) (a) and (e). This authority does not apply to services provided by the department of corrections under s. 48.366 (8).

AB150-engrossed, s. 2535m Section 2535m. 48.49 of the statutes, as affected by 1993 Wisconsin Acts 377, 385 and 491, is repealed.

AB150-engrossed, s. 2536m Section 2536m. 48.50 of the statutes, as affected by 1993 Wisconsin Acts 385 and 491, is repealed.

AB150-engrossed, s. 2537 Section 2537. 48.505 of the statutes, as created by 1993 Wisconsin Act 385, is amended to read:

AB150-engrossed,882,2 48.505 (title) Children placed in a secured correctional facility or on aftercare under supervision of department of health and social services or county department. The When a child is under the supervision of the department of health and social services under s. 48.34 (4m) or (4n), 48.357 (4) or (5) (e) or 48.366 or under the supervision of a county department under s. 48.34 (4n), the department or county department having supervision over the child shall have the right and duty to protect, train, discipline, treat and confine a child who is placed in a secured correctional facility under s. 48.34 (4m), 48.357 (4) or (5) (e) or 48.366, the child and to provide food, shelter, legal services, education and ordinary medical and dental care for the child, subject to the rights, duties and responsibilities of the guardian of the child and subject to any residual parental rights and responsibilities and the provisions of any court order.

AB150-engrossed, s. 2537m Section 2537m. 48.505 of the statutes, as affected by 1993 Wisconsin Act 385 and 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

AB150-engrossed,882,14 48.505 Children placed under supervision of department of corrections or county department. When a child is under the supervision of the department of corrections under s. 48.34 (4h), (4m) or (4n), 48.357 (4) or (5) (e) or 48.366 or under the supervision of a county department under s. 48.34 (4n), the department of corrections or county department having supervision over the child shall have the right and duty to protect, train, discipline, treat and confine the child and to provide food, shelter, legal services, education and ordinary medical and dental care for the child, subject to the rights, duties and responsibilities of the guardian of the child and subject to any residual parental rights and responsibilities and the provisions of any court order.

AB150-engrossed, s. 2538m Section 2538m. 48.51 (title) of the statutes, as affected by 1993 Wisconsin Act 377, is repealed.

AB150-engrossed, s. 2539m Section 2539m. 48.51 (1) (intro.) of the statutes, as affected by 1993 Wisconsin Acts 377 and 385, is amended to read:

AB150-engrossed,882,22 48.51 (1) (intro.) At least 15 days prior to the date of release of a child from a secured correctional facility or a placement in the community under the corrective sanctions program or the youthful offender program, the department of health and social services or the department of corrections shall:

AB150-engrossed, s. 2540m Section 2540m. 48.51 (1) (intro.) of the statutes, as affected by 1993 Wisconsin Acts 377 and 385 and 1995 Wisconsin Act .... (this act), is repealed.

AB150-engrossed, s. 2540p Section 2540p. 48.51 (1) (a) of the statutes is repealed.

AB150-engrossed, s. 2540r Section 2540r. 48.51 (1) (b) of the statutes, as affected by 1993 Wisconsin Acts 377 and 385, is repealed.

AB150-engrossed, s. 2540s Section 2540s. 48.51 (1) (c) of the statutes is repealed.

AB150-engrossed, s. 2540t Section 2540t. 48.51 (2) of the statutes is repealed.

AB150-engrossed, s. 2540v Section 2540v. 48.51 (3) of the statutes is repealed.

AB150-engrossed, s. 2541 Section 2541. 48.52 (title) of the statutes is amended to read:

AB150-engrossed,883,8 48.52 (title) Facilities for care of children in care of department of health and social services.

AB150-engrossed, s. 2541m Section 2541m. 48.52 (1) (d) of the statutes is repealed.

AB150-engrossed, s. 2541p Section 2541p. 48.52 (2) (a) of the statutes, as affected by 1993 Wisconsin Act 385, is amended to read: