AB150: Bill Text

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:

AB150,948,17 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, s. 2532 Section 2532 . 48.48 (14) of the statutes, as affected by 1993 Wisconsin Act 385, is amended to read:

AB150,949,2 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, s. 2533 Section 2533. 48.48 (14) of the statutes, as affected by 1993 Wisconsin Act 385 and 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

AB150,949,11 48.48 (14) To pay maintenance, tuition and related expenses from the appropriations under s. 20.435 (3) (dd) and (ho) for persons who, when they reached 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.

****Note: This is reconciled s. 48.48 (14). This Section has been affected by drafts with the following LRB numbers: -2402/2 and -2478/2.

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

AB150,949,15 48.48 (16) To establish and enforce standards for services provided under ss. 48.34 and 48.345 (1) (a) and (e). This authority does not apply to services provided by the department of corrections under s. 48.366 (8) or 48.537.

AB150, s. 2535 Section 2535. 48.49 of the statutes, as affected by 1993 Wisconsin Acts 377, 385 and 491, is amended to read:

AB150,950,6 48.49 (title) Notification by court of transfer to department of corrections or of placement with department of health and social services; information for those departments department. (1) When the court places a child in a secured correctional facility under the supervision of the department of health and social services or transfers legal custody of a child to the department of corrections, the court shall immediately notify the that department to which the child's legal custody is transferred or under whose supervision the child is placed of that action. The court shall, in accordance with procedures established by the department to which the child's legal custody is transferred or under whose supervision the child is placed of health and social services, provide transportation for the child to a receiving center designated by that department or deliver the child to personnel of that department.

AB150,950,14 (2) When the court places a child in a secured correctional facility under the supervision of the department of health and social services or transfers legal custody of a child to the department of corrections, the court and all other public agencies shall also immediately transfer to the that department to which the child's legal custody is transferred or under whose supervision the child is placed a copy of the report submitted to the court under s. 48.33 and all other pertinent data in their possession and shall immediately notify the child's last school district in writing of its obligation under s. 118.125 (4).

AB150, s. 2536 Section 2536. 48.50 (1) of the statutes, as affected by 1993 Wisconsin Acts 385 and 491, is amended to read:

AB150,951,3 48.50 (1) The department shall examine every child who is placed under its supervision under s. 48.34 (4m) or (4n) or whose legal custody is transferred to it by the court to determine the type of placement best suited to the child and, in the case of a child who has violated a state law, to the protection of the public. This examination shall include an investigation of the personal and family history of the child and his or her environment, any physical or mental examinations considered necessary to determine the type of placement that is necessary for the child and the evaluation under s. 48.533 (1) or (2) to determine whether the child is eligible for corrective sanctions supervision. A child who is examined under this subsection shall be screened to determine whether the child is in need of special treatment or care because of alcohol or other drug abuse, mental illness or severe emotional disturbance.

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

AB150,951,17 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, s. 2538 Section 2538. 48.51 (title) of the statutes, as affected by 1993 Wisconsin Acts 377 and 385, is amended to read: