AB150: Bill Text

AB150,938,18 48.415 (6) (b) Failure to assume parental responsibility may be established by a showing that a child is a nonmarital child who has not been adopted or whose parents have not subsequently intermarried under s. 767.60, that paternity was not adjudicated before the filing of the petition for termination of parental rights and: 1. The person or persons who may be the father of the child have been given notice under s. 48.42 but have failed to appear or otherwise submit to the jurisdiction of the court and that such person or persons have the parent or a person who may be the parent has never had a substantial parental relationship with the child; or.

AB150, s. 2488 Section 2488. 48.415 (6) (a) 2. of the statutes is repealed.

AB150, s. 2489 Section 2489. 48.415 (6) (b) of the statutes is renumbered 48.615 (6) (a) and amended to read:

AB150,938,24 48.615 (6) (a) In this subsection, "substantial parental relationship" means the acceptance and exercise of significant responsibility for the daily supervision, education, protection and care of the child.

AB150,939,9 (c) In evaluating whether the person has had a substantial parental relationship with the child, the court may consider such factors, including, but not limited to, whether the person has ever expressed concern for or interest in the support, care or well-being of the child or the mother during her pregnancy and whether the person has neglected or refused to provide care or support. If the person is or may be the father of the child, the court may also consider, in evaluating whether the person has had a substantial parental relationship with the child, whether the person has ever expressed concern for or interest in the support, care or well-being of the mother during her pregnancy.

AB150, s. 2490 Section 2490. 48.415 (8) of the statutes is amended to read:

AB150,939,16 48.415 (8) (title) Intentional homicide of parent or sibling. Intentional homicide of a parent or sibling may be established by a showing that a parent or sibling of the child has been a victim of first-degree intentional homicide in violation of s. 940.01 or of 2nd-degree intentional homicide in violation of s. 940.05 and that the person whose parental rights are sought to be terminated has been convicted of that intentional homicide.

AB150, s. 2491 Section 2491. 48.42 (1) (intro.) of the statutes is amended to read:

AB150,939,22 48.42 (1) Petition. (intro.) A proceeding for the termination of parental rights shall be initiated by petition which may be filed by the child's parent, an agency or a person authorized to file a petition under s. 48.235 (4) (a) 3., 48.25 or 48.835. The petition shall be entitled "In the interest of .......... (child's name), a person under the age of 18" and shall set forth with specificity:

AB150, s. 2492 Section 2492. 48.42 (1) (d) of the statutes is created to read:

AB150,939,25 48.42 (1) (d) A statement of whether the child may be subject to the federal Indian child welfare act, 25 USC 1911 to 1963.

AB150, s. 2493 Section 2493. 48.43 (1) (d) of the statutes is created to read:

AB150,940,7 48.43 (1) (d) The court's finding as to whether a county department which provides social services or the agency primarily responsible for the provision of services has made reasonable efforts to prevent the removal of the child from the home or, if applicable, that the agency primarily responsible for the provision of services has made reasonable efforts to make it possible for the child to return to his or her home.

AB150, s. 2494 Section 2494. 48.43 (1) (e) of the statutes is created to read:

AB150,940,10 48.43 (1) (e) The court's finding that the continuation of the child in the home of the parent is contrary to the welfare of the child.

AB150, s. 2495 Section 2495. 48.432 (2) (a) of the statutes is amended to read:

AB150,940,14 48.432 (2) (a) The department, or agency contracted with under sub. (9), shall maintain all information obtained under s. 48.427 (6) (b) in a centralized birth record file.

AB150, s. 2496 Section 2496. 48.432 (2) (b) of the statutes is amended to read:

AB150,940,21 48.432 (2) (b) Any birth parent whose rights to a child have been terminated in this state at any time, or who consented to the adoption of a child before February 1, 1982, may file with the department, or agency contracted with under sub. (9), any relevant medical or genetic information about the child or the child's birth parents, and the department or agency shall maintain the information in the centralized birth record file.

AB150, s. 2497 Section 2497. 48.432 (3) (a) (intro.) of the statutes is amended to read:

AB150,940,25 48.432 (3) (a) (intro.) The department, or agency contracted with under sub. (9), shall release the medical information under sub. (2) to any of the following persons upon request:

AB150, s. 2498 Section 2498. 48.432 (3) (b) of the statutes is amended to read:

AB150,941,5 48.432 (3) (b) Before releasing the information under par. (a), the department, or agency contracted with under sub. (9), shall delete the name and address of the birth parent and the identity of any provider of health care to the individual or adoptee or to the birth parent.

AB150, s. 2499 Section 2499. 48.432 (3) (c) of the statutes is amended to read:

AB150,941,11 48.432 (3) (c) The person making a request under this subsection shall pay a fee for the cost of locating, verifying, purging, summarizing, copying and mailing the medical or genetic information according to a fee schedule established by the department, or agency contracted with under sub. (9), based on ability to pay. The fee may not be more than $150 and may be waived by the department or agency.

AB150, s. 2500 Section 2500. 48.432 (4) (a) of the statutes is amended to read:

AB150,941,23 48.432 (4) (a) Whenever any person specified under sub. (3) wishes to obtain medical and genetic information about an individual whose birth parent's rights have been terminated in this state at any time, or whose birth parent consented to his or her adoption before February 1, 1982, or medical and genetic information about the birth parents of such an individual or adoptee, and the information is not on file with the department, or agency contracted with under sub. (9), the person may request that the department or agency conduct a search for the birth parents to obtain the information. The request shall be accompanied by a statement from a physician certifying either that the individual or adoptee has or may have acquired a genetically transferable disease or that the individual's or adoptee's medical condition requires access to the information.

AB150, s. 2501 Section 2501. 48.432 (4) (b) of the statutes is amended to read:

AB150,942,6 48.432 (4) (b) Upon receipt of a request under par. (a), the department, or agency contracted with under sub. (9), shall undertake a diligent search for the individual's or adoptee's parents. Upon request by the department, an agency shall cooperate in the search and shall make its records available to the department. The department may not require an agency to conduct the search, but may designate an agency to do so with the agency's consent.

AB150, s. 2502 Section 2502. 48.432 (4) (d) of the statutes is amended to read:

AB150,942,13 48.432 (4) (d) The department, or agency designated by the department contracted with under par. (b) sub. (9), 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, s. 2503 Section 2503. 48.432 (4) (f) of the statutes is amended to read:

AB150,942,18 48.432 (4) (f) The department, or agency contracted with under sub. (9), shall release to the requester any medical or genetic information provided by a birth parent under this subsection without disclosing the birth parent's identity or location.

AB150, s. 2504 Section 2504. 48.432 (4) (g) of the statutes is amended to read:

AB150,942,24 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, s. 2505 Section 2505. 48.432 (8m) (intro.) of the statutes is amended to read:

AB150,943,2 48.432 (8m) (intro.)  The department , or agency contracted with under sub. (9), shall give priority to all of the following:

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

AB150,943,5 48.432 (9) The department shall promulgate rules to implement this section and may contract with an agency to administer this section.

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

AB150,943,14 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, s. 2508 Section 2508. 48.433 (3) (intro.) of the statutes is amended to read:

AB150,943,20 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, s. 2509 Section 2509. 48.433 (4) of the statutes is amended to read:

AB150,943,23 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, s. 2510 Section 2510. 48.433 (5) (intro.) of the statutes is amended to read:

AB150,944,2 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, s. 2511 Section 2511. 48.433 (5) (a) of the statutes is amended to read:

AB150,944,5 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, s. 2512 Section 2512. 48.433 (6) (a) of the statutes is amended to read:

AB150,944,13 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, s. 2513 Section 2513. 48.433 (6) (b) of the statutes is repealed.

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

AB150,944,21 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, s. 2515 Section 2515. 48.433 (7) (b) of the statutes is amended to read:

AB150,945,2 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, s. 2516 Section 2516. 48.433 (7) (c) of the statutes is amended to read:

AB150,945,6 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, s. 2517 Section 2517. 48.433 (7) (e) of the statutes is amended to read:

AB150,945,11 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, s. 2518 Section 2518. 48.433 (8) (a) (intro.) of the statutes is amended to read:

AB150,945,19 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, s. 2519 Section 2519. 48.433 (8) (b) of the statutes is amended to read:

AB150,945,24 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, s. 2520 Section 2520. 48.433 (8m) of the statutes is amended to read:

AB150,946,4 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, s. 2521 Section 2521. 48.433 (11) of the statutes is amended to read:

AB150,946,7 48.433 (11) The department shall promulgate rules to implement this section and may contract with an agency to administer this section.

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

AB150,946,10 CHAPTER 48

AB150,946,13 SUBCHAPTER IX JURISDICTION OVER PERSON 18 17 OR OLDER

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

AB150,946,17 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, s. 2524 Section 2524. 48.45 (1) (a) of the statutes is amended to read:

AB150,946,25 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, s. 2525 Section 2525. 48.45 (3) of the statutes is amended to read:

AB150,947,6 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, s. 2526 Section 2526. 48.48 (intro.) of the statutes is amended to read:

AB150,947,9 48.48 (title) Authority of department of health and social services. (intro.) The department of health and social services shall have authority:

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

AB150,947,15 48.48 (3) To accept legal custody supervision of children transferred to it by the court under s. 48.355 48.34 (4m) 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, s. 2528 Section 2528. 48.48 (4) of the statutes, as affected by 1993 Wisconsin Act 385, is amended to read:

AB150,948,5 48.48 (4) To provide appropriate care and training for children in its legal custody or under its supervision under s. 48.34 (4m) or (4n); including serving those children in their own homes, placing them in licensed foster homes or licensed treatment foster homes in accordance with s. 48.63 or licensed group homes, contracting for their care by licensed child welfare agencies or replacing them in juvenile correctional institutions operated by the department in accordance with rules promulgated under ch. 227, except that the department shall not purchase the educational component of private day treatment programs for children in its custody unless the department, the school board as defined in s. 115.001 (7) and the state superintendent department of public instruction education all determine that an appropriate public education program is not available. Disputes between the department and the school district shall be resolved by the state superintendent department of public instruction education.

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

AB150,948,7 48.48 (4m) (a) Is at least 18 17 years of age;

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

AB150,948,11 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, s. 2531 Section 2531. 48.48 (12) (a) of the statutes is amended to read: