This Section permits any birth parent whose child was adopted or placed for
adoption in this state to grant written authorization to the agency that placed the child
for adoption or that was appointed the guardian of the child in an independent adoption
to release any available information about the birth parent's identity and location to an
adoptive parent of the child.
Release of information to a birth parent; requirement for written authorization.
Similarly, this Section requires an agency to provide to a birth parent of a child, at the
request of the birth parent, any available information about the identity and location of
an adoptive parent of the child if the agency has on file the unrevoked written
authorization of that adoptive parent to release that information to the birth parent.
This Section permits any adoptive parent who has adopted a child in this state or
who has adopted in another state a child who was placed for adoption with the adoptive
parent in this state to grant written authorization to the agency that placed the child for
adoption or that was appointed the guardian of the child in an independent adoption to
release any available information about the adoptive parent's identity and location to a
birth parent of the child.
Notarization required. This Section requires a written authorization for the
release of identifying information by an agency to be notarized.
Revocation of authorization. This Section permits a birth parent or an adoptive
parent to revoke a written authorization filed by the birth parent or adoptive parent at
any time by notifying the agency in writing.
Adoptee must be less than 21 years old. This Section authorizes the release of
information as described above only if the child who the agency placed for adoption, or
was appointed the guardian of, is less than 21 years of age.
Immunity from liability. This Section provides that any person, including the
state or any political subdivision of the state, who participates in good faith in any
requirement created by this Section is immune from any liability, civil or criminal, that
results from his or her actions. This Section further provides that in any proceeding, civil
or criminal, the good faith of any person participating in the requirements of this Section
must be presumed.
Reasonable fees may be assessed. This Section permits an agency to assess
reasonable fees for responding to requests for information or requests by a birth parent
or adoptive parent to file a written authorization.
Agency may not contact parties who have not filed an authorization. This Section
prohibits agencies from contacting birth parents or adoptive parents for the purpose of
determining whether they wish to file a written authorization authorizing the release of
information about themselves. This Section, however, permits agencies to contact one
time, by mail, the birth parents or adoptive parents of a child who was adopted before this
Section becomes effective, to inform them of the new procedure for the release of
identifying information created by this Section.
AB600, s. 6
1Section
6
. 48.46 (1) of the statutes is amended to read:
AB600,18,72
48.46
(1) Except as provided in
sub.
subs. (1m) and (2), the parent, guardian
3or legal custodian of the child or the child whose status is adjudicated by the court
4may at any time within one year after the entering of the court's order petition the
5court for a rehearing on the ground that new evidence has been discovered affecting
6the advisability of the court's original adjudication. Upon a showing that such
7evidence does exist, the court shall order a new hearing.
AB600, s. 7
8Section
7
. 48.46 (1m) of the statutes is created to read:
AB600,19,89
48.46
(1m) Except as provided in sub. (2), the parent, guardian or legal
10custodian of the child or the child whose status is adjudicated by the court in an order
11entered under s. 48.43 or an order adjudicating paternity under subch. VIII may,
12within the time permitted under this subsection, petition the court for a rehearing
13on the ground that new evidence has been discovered affecting the advisability of the
14court's adjudication. Upon a showing that such evidence does exist, the court shall
1order a new hearing. A petition under this subsection shall be filed within one year
2after the date on which the order under s. 48.43 or order adjudicating paternity under
3subch. VIII is entered, unless within that one-year period a court in this state or in
4another jurisdiction enters an order granting adoption of the child, in which case a
5petition under this subsection shall be filed before the date on which the order
6granting adoption is entered or within 30 days after the date on which the order
7under s. 48.43 or order adjudicating paternity under subch. VIII is entered,
8whichever is later.
Note: Sections 6 and 7 provide an exception to the requirement that a petition for
rehearing under s. 48.46 (1), stats., must be filed within one year after the entering of the
juvenile court's order. Under Section
7, a petition for rehearing with respect to a TPR
order or an order adjudicating paternity under subch. VIII of ch. 48, stats., based on newly
discovered evidence must be filed within one year after the date on which the order is
entered, unless within that one-year period a juvenile court in this state or a court in
another jurisdiction enters an order granting adoption of the child, in which case the
petition for rehearing must be filed before the date on which a juvenile court in Wisconsin
or in another jurisdiction enters the order granting adoption of the child or within 30 days
after the date on which the TPR order or paternity order is entered, whichever is later.
Thus, such a petition may be filed up to one year after the TPR order or paternity order
is entered unless the child is adopted within the year after the TPR order or paternity
order is entered. In that case, such a petition cannot be filed after the adoption order is
entered, unless the adoption order is entered less than 30 days after the date on which
the TPR order or paternity order is entered, in which case the petition may be filed within
30 days after the date on which the TPR order or paternity order is entered. This
provision does not apply to a TPR order if the parent consented to the TPR or did not
contest the TPR petition; in that case, s. 48.46 (2), stats., applies.
AB600, s. 8
9Section
8. 48.64 (1m) of the statutes is amended to read:
AB600,20,1110
48.64
(1m) Foster home, treatment foster home and group home agreements. 11If an agency places a child in a foster home
or, treatment foster home
or group home 12under a court order or voluntary agreement under s. 48.63, the agency shall enter
13into a written agreement with the head of the home. The agreement shall provide
14that the agency shall have access at all times to the child and the home, and that the
15child will be released to the agency whenever, in the opinion of the agency placing
16the child or the department, the best interests of the child require it. If a child has
1been in a foster home, treatment foster home or group home for 6 months or more,
2the agency shall give the head of the home written notice of intent to remove the
3child, stating the reasons for the removal. The child
shall may not be removed before
4completion of the hearing under sub. (4) (a) or (c), if requested, or 30 days after the
5receipt of the notice, whichever is later, unless the safety of the child requires it
or,
6in a case in which the reason for removal is to place the child for adoption under s.
748.833, unless all of the persons who have the right to request a hearing under sub.
8(4) (a) or (c) sign written waivers of objection to the proposed removal. If the safety
9of the child requires earlier removal, s. 48.19 shall apply. If an agency removes a child
10from an adoptive placement, the head of the home shall have no claim against the
11placing agency for the expense of care, clothing or medical treatment.
Note: This Section provides that if a child has been in a foster home, treatment
foster home or group home for 6 months or more and if the reason for removal is to place
the child for adoption under s. 48.833, stats., the provision in current law that, absent
safety considerations requiring immediate removal, the child may not be removed before
completion of the hearing under s. 48.64 (4) (a) or (c), stats., if requested, or 30 days after
the receipt of the notice of intent to remove, whichever is later,
does not apply if written
waivers of objection to the proposed removal are signed by all of the persons who have the
right to request a hearing under s. 48.64 (4) (a) or (c), stats. (Sections 48.64 (4) (a) and (c)
and 48.833, stats., are discussed in the Prefatory note to the bill.)
AB600, s. 9
12Section
9. 48.81 of the statutes is repealed and recreated to read:
AB600,20,15
1348.81 Who may be adopted. Any child who is present in this state at the time
14the petition for adoption is filed may be adopted if any of the following criteria are
15met:
AB600,20,16
16(1) Both of the child's parents are deceased.
AB600,20,18
17(2) The parental rights of both of the child's parents with respect to the child
18have been terminated under subch. VIII or in another state or a foreign jurisdiction.
AB600,21,3
1(3) The parental rights of one of the child's parents with respect to the child
2have been terminated under subch. VIII or in another state or a foreign jurisdiction
3and the child's other parent is deceased.
AB600,21,5
4(4) The person filing the petition for adoption is the spouse of the child's parent
5with whom the child and the child's parent reside and either of the following applies:
AB600,21,66
(a) The child's other parent is deceased.
AB600,21,87
(b) The parental rights of the child's other parent with respect to the child have
8been terminated under subch. VIII or in another state or a foreign jurisdiction.
AB600,21,9
9(5) Section 48.839 (3) (b) applies.
AB600,21,10
10(6) The child is being readopted under s. 48.97.
Note: This Section repeals and recreates the provision under current law that any
minor who meets all of the following criteria may be adopted:
"(1) Except as provided under s. 48.839 (3) (b) [relating to certain cases involving
the adoption of a child from a foreign country] or if an appointment of guardianship has
been made under s. 48.831 [relating to appointment of a guardian for a child without a
living parent for an adoptability finding], a minor whose parental rights have been
terminated under subch. VIII [relating to TPR] or in another state or foreign jurisdiction.
(2) A minor who is present within this state at the time the petition for adoption
is filed." [s. 48.81, stats.].
Comments regarding a decision of the Wisconsin Supreme Court interpreting s.
48.81, stats., and further comments on s. 48.81, stats., are included in the Prefatory note
to the bill.
This Section permits any child who is present in this state at the time the petition
for adoption is filed to be adopted if any of the following criteria are met:
1. Both of the child's parents are deceased.
2. The parental rights of both of the child's parents with respect to the child have
been terminated under subch. VIII of ch. 48, stats., or in another state or a foreign
jurisdiction.
3. The parental rights of one of the child's parents with respect to the child have
been terminated under subch. VIII of ch. 48, stats., or in another state or a foreign
jurisdiction and the child's other parent is deceased.
4. The spouse of the child's parent (the child's stepparent) with whom the child and
the child's parent reside files the adoption petition and either: (a) the child's other parent
is deceased; or (b) the parental rights of the child's other parent with respect to the child
have been terminated under subch. VIII of ch. 48, stats., or in another state or a foreign
jurisdiction.
5. Section 48.839 (3) (b), stats., applies, which provides that in certain cases
involving the adoption of a child from a foreign country, a TPR is not required, but proof
must be available to show that the child has been freed for adoption.
6. The child is being readopted under s. 48.97, stats.
AB600, s. 10
11Section
10. 48.825 of the statutes is created to read:
AB600,22,1
148.825 Advertising related to adoption. (1) In this section:
AB600,22,42
(a) "Advertise" means to communicate by any public medium that originates
3within this state, including by newspaper, periodical, telephone book listing, outdoor
4advertising sign, radio or television.
AB600,22,85
(b) "Another jurisdiction" means a state of the United States other than
6Wisconsin, the District of Columbia, the Commonwealth of Puerto Rico, any territory
7or insular possession subject to the jurisdiction of the United States or a federally
8recognized American Indian tribe or band.
AB600,22,9
9(2) Except as provided in sub. (3), no person may do any of the following:
AB600,22,1010
(a) Advertise for the purpose of finding a child to adopt.
AB600,22,1211
(b) Advertise that the person will find an adoptive home for a child or arrange
12for or assist in the adoption or adoptive placement of a child.
AB600,22,1313
(c) Advertise that the person will place a child for adoption.
AB600,22,14
14(3) This section does not apply to any of the following:
AB600,22,1615
(a) The department, a county department or a child welfare agency licensed
16under s. 48.60 to place children for adoption.
AB600,22,1817
(b) An individual or agency providing adoption information exchange services
18under s. 48.55.
AB600,22,1919
(c) An individual or agency providing adoption information under s. 48.551.
AB600,22,2420
(d) An individual who has received a favorable recommendation regarding his
21or her fitness to be an adoptive parent in this state from the department, a county
22department or a child welfare agency licensed under s. 48.60 or in another
23jurisdiction from an entity authorized by that jurisdiction to conduct studies of
24potential adoptive homes.
AB600,22,2525
(e) An individual seeking to place his or her child for adoption.
AB600,23,3
1(4) Nothing in this section prohibits an attorney licensed to practice in this
2state from advertising his or her availability to practice or provide services relating
3to the adoption of children.
AB600,23,5
4(5) Any person who violates sub. (2) may be fined not more than $10,000 or
5imprisoned not more than 9 months or both.
Note: Current law does not explicitly address advertising related to adoption. This
Section prohibits certain advertising relating to adoption. Specifically, this Section
prohibits any person except those listed below from doing any of the following:
1. Advertising for the purpose of finding a child to adopt.
2. Advertising that the person will find an adoptive home for a child or assist in
the adoption or adoptive placement of a child.
3. Advertising that the person will place a child for adoption.
Under this Section, "advertise" means to communicate by any public medium that
originates within this state, including by newspaper, periodical, telephone book listing,
outdoor advertising sign, radio or television.
The prohibition does not apply to any of the following:
1. DHFS.
2. A county department.
3. A child welfare agency licensed under s. 48.60, stats., to place children for
adoption.
4. An individual or agency providing adoption information exchange services
under s. 48.55, stats.
5. An individual or agency providing adoption information under s. 48.551, stats.
6. An individual who has received a favorable home study in this state or in another
jurisdiction.
7. An individual seeking to place his or her own child for adoption.
This Section provides that a person who violates the prohibitions on advertising
created by this Section may be fined not more than $10,000 or imprisoned for not more
than 9 months or both. (This is equivalent to the current punishment for a Class A
misdemeanor.)
This Section also provides that the prohibition on advertising does not prohibit an
attorney licensed to practice in this state from advertising his or her availability to
practice or to provide services relating to the adoption of children.
AB600, s. 11
6Section
11. 48.835 (2) of the statutes is amended to read:
AB600,23,87
48.835
(2) Adoptive placement. A parent having custody of a child may place
8the child for adoption in the home of a relative
of the child without a court order.
Note: Under current s. 48.835 (2), stats., a parent having custody of a child may
place the child for adoption in the home of a relative without a court order. Current s.
48.835 (2), stats., however, does not specify who the person with whom the child may be
placed must be a relative of. Section 48.02 (15), stats., which defines "relative" for general
purposes in ch. 48, stats., defines that term in terms of specific relationships, such as
parent, grandparent, and so on, without specifying who the relationship is to. This
Section specifies that the person with whom the child is placed under this provision must
be a relative of the child.
AB600, s. 12
1Section
12. 48.837 (1m) of the statutes is repealed.
Note: This Section repeals the provision in current law which requires a petition
for adoptive placement in an independent adoption by a nonrelative to include any
agreement between the birth parent and adoptive parent that relates to certain
payments. The repealed provision reads as follows:
"48.837 (1m) Written agreement. Any agreement between the birth parent and
adoptive parent that relates to the payment of any expenses described in sub. (2) (d) shall
be in writing, with the amount and purpose of the expenses enumerated, and made part
of the petition filed under sub. (2).".
The repealed provision is replaced with s. 48.913 (6) and (7), stats., as created by
this bill.
AB600, s. 13
2Section
13. 48.837 (2) (d) of the statutes is repealed.
Note: This Section repeals the provision in current law which requires a petition
for adoptive placement in an independent adoption by a nonrelative to include a report
of certain transfers of value made or agreed to be made by the proposed adoptive parents
or on their behalf. The repealed provision reads as follows:
"48.837 (2) (d) A report of all transfers of anything of value made or agreed to be
made by the proposed adoptive parents or on their behalf in connection with the birth of
the child, the placement of the child with the proposed adoptive parents, the medical or
hospital care received by the child or by the child's mother in connection with the birth
of the child and any other expenses, including the estimated legal expenses, of either the
child's parent or the proposed adoptive parents. The report shall be itemized and shall
show the services relating to the adoption or to the placement of the child for adoption
which were received by the proposed adoptive parents, by either parent, by the child or
by any other person to whom payment was made by or on behalf of the proposed adoptive
parents. The report shall also include the dates of each payment, the names and
addresses of each attorney, doctor, hospital, agency or other person or organization
receiving any funds from the proposed adoptive parents in connection with the adoption
or the placement of the child with them.".
The repealed provision is replaced with s. 48.913 (6) and (7), stats., as created by
this bill.
AB600, s. 14
3Section
14. 48.837 (4) (a) of the statutes is amended to read:
AB600,24,64
48.837
(4) (a)
Notwithstanding s. 48.422 (1), shall schedule Shall hold a
5hearing within
60 days of 30 days after the date of filing
of the petitions, except that
6the hearing may not be held before the birth of the child.
Note: This Section provides that when a TPR petition is filed with a petition for
independent adoptive placement of a child with a nonrelative, a juvenile court must hold,
rather than schedule, a hearing on both petitions within 30 days after the date of filing
of the petitions, rather than within 60 days after that date, except that the hearing may
not be held before the birth of the child.
AB600, s. 15
7Section
15. 48.837 (6) (b) (intro.), 1. and 2. of the statutes are consolidated,
8renumbered 48.837 (6) (b) and amended to read:
AB600,25,16
148.837
(6) (b) At the beginning of the hearing held under sub. (2), the court shall
2review
any agreement that is attached to the petition in accordance with sub. (1m) 3the report that is submitted under s. 48.913 (6). The court shall determine whether
4any
payments or the conditions specified in
the any agreement
to make payments 5are coercive to the birth parent
of the child or to an alleged or presumed father of the
6child or are impermissible under s. 48.913 (4). Making
the any payment
to or on
7behalf of the birth
parent's expenses that are permitted under s. 948.24 (1) (a) or (c) 8parent of the child, an alleged or presumed father of the child or the child conditional
9in any part upon transfer or surrender of the child or the termination of parental
10rights or the finalization of the adoption creates a rebuttable presumption of
11coercion. Upon a finding of coercion, the court shall
do one of the following: 1.
12Dismiss dismiss the petitions under subs. (2) and (3)
. 2. Amend or amend the
13agreement
under sub. (1m) to delete any coercive conditions, if the parties agree to
14the amendment.
Upon a finding that payments which are impermissible under s.
1548.913 (4) have been made, the court may dismiss the petition and may refer the
16matter to the district attorney for prosecution under s. 948.24 (1).
Note: This Section does all of the following:
1. Changes cross-references in current law to reflect changes made by the bill.
2. Provides that making any payments to or on behalf of the birth parent of the
child, an alleged or presumed father of the child or the child conditional in any part upon
the transfer or surrender of the child or the TPR or the finalization of the adoption creates
a rebuttable presumption of coercion. Current law applies the presumption only to the
payment of the birth parent's expenses that are permitted under s. 948.24 (1) (a) or (c),
stats.
3. Provides that if the juvenile court finds that the proposed adoptive parent, or
a person acting on behalf of the proposed adoptive parent, has made any payments in
connection with the pregnancy, the birth of the child or the placement of the child with
the proposed adoptive parents that are not permissible under the law, the juvenile court
may dismiss the petition or refer the matter to the district attorney for prosecution under
s. 948.24 (1), stats.