AB526: Bill Text

AB526,20,14 48.23 (4) Providing counsel. In any situation under this section in which a person child or a parent under 18 years of age has a right to be represented by counsel or is provided counsel at the discretion of the court and counsel is not knowingly and voluntarily waived, the court shall refer the person to the state public defender and counsel shall be appointed by the state public defender under s. 977.08 without a determination of indigency. If the referral is of a person who has filed a petition under s. 48.375 (7), the state public defender shall appoint counsel within 24 hours after that referral. Any counsel appointed in a petition filed under s. 48.375 (7) shall continue to represent the child in any appeal brought under s. 809.105 unless the child requests substitution of counsel or extenuating circumstances make it impossible for counsel to continue to represent the child. In any situation under sub. (2) or (2m) in which a parent 18 years of age or over or an adult expectant mother is entitled to representation by counsel; counsel is not knowingly and voluntarily waived; and it appears that the parent or adult expectant mother is unable to afford counsel in full, or the parent or adult expectant mother so indicates; the court shall refer the parent or adult expectant mother to the authority for indigency determinations specified under s. 977.07 (1). In any other situation under this section in which a person has a right to be represented by counsel or is provided counsel at the discretion of the court, competent and independent counsel shall be provided and reimbursed in any manner suitable to the court regardless of the person's ability to pay, except that the court may not order a person who files a petition under s. 813.122 or 813.125 to reimburse counsel for the child who is named as the respondent in that petition.

AB526, s. 13 Section 13. 48.235 (1) (b) of the statutes is repealed.

AB526, s. 14 Section 14. 48.235 (1) (c) of the statutes is amended to read:

AB526,20,22 48.235 (1) (c) The court shall appoint a guardian ad litem for any child who is the subject of a proceeding to terminate parental rights, whether voluntary or involuntary, for a child who is the subject of a contested adoption proceeding and for a child who is the subject of a proceeding under s. 48.977 or 48.978. The court may appoint a guardian ad litem for a child who is the subject of an uncontested adoption proceeding.

AB526, s. 15 Section 15. 48.235 (5) of the statutes is repealed.

AB526, s. 16 Section 16. 48.235 (8) (c) of the statutes is amended to read:

AB526,21,4 48.235 (8) (c) 1. In an uncontested termination of parental rights and adoption proceeding under s. 48.833 in which an agency placed the child for adoption, the court shall order the agency that placed the child for adoption to pay the compensation of the child's guardian ad litem.

AB526,21,11 2. In an uncontested termination of parental rights and adoption proceeding under s. 48.835 or 48.837 in which the child's parent or guardian placed the child for adoption, the court shall order the proposed adoptive parents to pay the compensation of the child's guardian ad litem. If the proposed adoptive parents are indigent, the court may order the county of venue to pay the compensation, in whole or in part, and may order the proposed adoptive parents to reimburse the county, in whole or in part, for the payment.

AB526, s. 17 Section 17. 48.31 (1) of the statutes is amended to read:

AB526,21,15 48.31 (1) In this section, "fact-finding hearing" means a hearing to determine if the allegations in a petition under s. 48.13 or 48.133 or a petition to terminate parental rights under subch. VIII are proved by clear and convincing evidence.

AB526, s. 18 Section 18. 48.36 (1) (a) of the statutes is amended to read:

AB526,22,5 48.36 (1) (a) If legal custody is transferred from the parent or guardian or the court otherwise designates an alternative placement for the child by a disposition made under s. 48.345 or by a change in placement under s. 48.357, the duty of the parent or guardian or, in the case of a transfer of guardianship and custody under s. 48.839 (4) of a foreign child brought into this country for the purpose of adoption, the duty of the former guardian person who brought the child into this country for the purpose of adoption to provide support shall continue even though the legal custodian or the placement designee may provide the support. A copy of the order transferring custody or designating alternative placement for the child shall be submitted to the agency or person receiving custody or placement and the agency or person may apply to the court for an order to compel the parent or guardian to provide the support. Support payments for residential services, when purchased or otherwise funded or provided by the department or a county department under s. 46.22, 46.23, 51.42 or 51.437, shall be determined under s. 46.10 (14).

AB526, s. 19 Section 19. 48.368 (1) of the statutes is amended to read:

AB526,22,12 48.368 (1) If a petition for termination of parental rights is filed under s. 48.41 or, 48.415 or 48.90 or an appeal from a judgment terminating or denying termination of parental rights is filed during the year in which a dispositional order under s. 48.355 or an extension order under s. 48.365 is in effect, the dispositional or extension order shall remain in effect until all proceedings related to the filing of the petition or an appeal are concluded.

AB526, s. 20 Section 20. 48.371 (3) (intro.) of the statutes is amended to read:

AB526,22,25 48.371 (3) (intro.) At the time of placement of a child in a foster home, treatment foster home, group home or child caring institution or, if the information is not available at that time, as soon as possible after the date on which the court report or permanency plan has been submitted, but no later than 7 days after that date, the agency, as defined in s. 48.38 (1) (a), responsible for preparing the child's permanency plan shall provide to the foster parent, treatment foster parent or operator of the group home or child caring institution information contained in the court report submitted under s. 48.33 (1), 48.365 (2g), 48.425 (1), 48.831 (2) or 48.837 (4) (c) or 48.979 (2) or permanency plan submitted under s. 48.355 (2e), 48.38, 48.43 (1) (c) or (5) (c), 48.63 (4) or 48.831 48.979 (4) (e) relating to findings or opinions of the court or agency that prepared the court report or permanency plan relating to any of the following:

AB526, s. 21 Section 21. 48.38 (4) (d) 3. of the statutes is amended to read:

AB526,23,3 48.38 (4) (d) 3. That the placement is made to facilitate the anticipated adoptive placement of the child under s. 48.833 or 48.837 48.82.

AB526, s. 22 Section 22. 48.40 (2) of the statutes is amended to read:

AB526,23,7 48.40 (2) "Termination of parental rights" means that, pursuant to a court order under this subchapter, all rights, powers, privileges, immunities, duties and obligations existing between parent and child are permanently severed.

AB526, s. 23 Section 23. 48.41 (2) (d) of the statutes is repealed.

AB526, s. 24 Section 24. 48.42 (1) (intro.) of the statutes is amended to read:

AB526,23,14 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. 48.25 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:

AB526, s. 25 Section 25. 48.42 (2) (a) of the statutes is amended to read:

AB526,23,19 48.42 (2) (a) The parent or parents of the child, unless the child's parent has waived the right to notice under s. 48.41 (2) (d) 48.85 (6) (e), 48.89 (5) (b) or 48.94 (6) (c) or (7) (a), notice has been dispensed with under s. 48.89 (4) (d) or notice is not required under s. 48.89 (1) (a) 3.

AB526, s. 26 Section 26. 48.422 (7) (bm) of the statutes is amended to read:

AB526,24,22 48.422 (7) (bm) Establish whether a proposed adoptive parent of the child has been identified. If a proposed adoptive parent of the child has been identified and the proposed adoptive parent is not a relative of the child, the court shall order the petitioner persons specified in s. 48.92 (2) (a) to (e) to submit a report to the court containing the information specified in s. 48.913 (7) the documents specified in s. 48.92 (2) (a) to (e). The court shall review the report those documents to determine whether any payments or agreement to make payments set forth in the report are coercive to the birth parent of the child or to an alleged to presumed father of the child or are impermissible under s. 48.913 (4). Making any payment 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 transfer or surrender of the child or the termination of parental rights or the finalization of the adoption creates a rebuttable presumption of coercion. Upon a finding of coercion, the court shall dismiss the petition or amend the agreement to delete any coercive conditions, if the parties agree to the amendment. Upon a finding that payments which are impermissible under s. 48.913 (4) have been made, the court may dismiss the petition and may refer the matter to the district attorney for prosecution under s. 948.24 (1). This paragraph does not apply if the petition was filed with a petition for adoptive placement under s. 48.837 (2) documents is not authorized under s. 48.96 or is unreasonable or unnecessary when compared with the expenses customarily incurred in connection with an adoption and shall deny, modify or order reimbursement of any payment that is not authorized under s. 48.96 or that is unreasonable or unnecessary when compared with the expenses customarily incurred in connection with an adoption. Notwithstanding a finding that an unreasonable, unnecessary or unauthorized payment has been made or agreed to be made, the court shall accept the admission, if the conditions specified in pars. (a), (b) and (c) have been met, and shall report any unauthorized payment to the appropriate authorities.

AB526, s. 27 Section 27. 48.428 (1) of the statutes is amended to read:

AB526,25,2 48.428 (1) A court may place a child in sustaining care if the court has terminated the parental rights of the parent or parents of the child or has appointed a guardian for the child under s. 48.831 48.979 and the court finds that the child is unlikely to be adopted or that adoption is not in the best interest of the child.

AB526, s. 28 Section 28. 48.432 (3) (a) 1m. of the statutes is created to read:

AB526,25,4 48.432 (3) (a) 1m. An emancipated adoptee.

AB526, s. 29 Section 29. 48.432 (3) (a) 2. of the statutes is amended to read:

AB526,25,6 48.432 (3) (a) 2. An adoptive parent of an individual or adoptee.

AB526, s. 30 Section 30. 48.432 (3) (a) 4. of the statutes is amended to read:

AB526,25,9 48.432 (3) (a) 4. The offspring direct descendant of an individual or adoptee if the requester is 18 years of age or older.

AB526, s. 31 Section 31. 48.432 (3) (a) 4m. of the statutes is created to read:

AB526,25,12 48.432 (3) (a) 4m. The parent or guardian of a direct descendant of an individual or adoptee if the direct descendant has not attained 18 years of age.

AB526, s. 32 Section 32. 48.432 (4) (a) of the statutes is amended to read:

AB526,26,2 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 department shall give the person the name and address of the court or agency that has that information and, if the court or agency is in another state, shall assist the person in locating the court or agency. If no court or agency has the information, 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.

AB526, s. 33 Section 33. 48.432 (7) (a) of the statutes is amended to read:

AB526,26,13 48.432 (7) (a) If the department or another agency that maintains records relating to the adoption of an adoptee or the termination of parental rights of an individual receives a report from a physician stating that a birth parent or another offspring of the birth parent has acquired or may have a genetically transferable disease, the department or agency shall notify the individual or adoptee of the existence of the disease, if he or she is 18 years of age or over, or notify the individual's or adoptee's guardian, custodian or adoptive parent if the individual or adoptee is under age 18 or notify a direct descendant of a deceased adoptee, if the direct descendant is 18 years of age or over, or the parent or guardian of a direct descendant of a deceased adoptee, if the direct descendant is under 18 years of age.

AB526, s. 34 Section 34. 48.433 (2) of the statutes is amended to read:

AB526,26,24 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, or, if the birth parent is deceased or has been declared incompetent, an adult descendant of the birth parent may file with the department, or agency contracted with under sub. (11), an affidavit authorizing prohibiting the department or agency to provide the child with his or her from providing a person specified under sub. (3) with a copy of the child's original birth certificate and or 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.

AB526, s. 35 Section 35. 48.433 (3) of the statutes is amended to read:

AB526,27,9 48.433 (3) Any person 21 18 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, the adoptive parent or guardian of a person under 18 years of age whose birth parent's rights have been terminated in this state or, if the person whose birth parent's rights have been terminated or who has been adopted is deceased, a direct descendent of that person who has attained the age of 18 years or the parent or guardian of a direct descendent who has not attained 18 years of age may request the department, or agency contracted with under sub. (11), to provide the person with the following:

AB526,27,11 (a) The person's original birth certificate of the person whose birth parent's rights have been terminated or who has been adopted.

AB526,27,14 (b) Any available information regarding the identity and location of his or her the birth parents of the person whose birth parent's rights have been terminated or who has been adopted.

AB526, s. 36 Section 36. 48.433 (5) of the statutes is repealed and recreated to read:

AB526,27,18 48.433 (5) (a) The department or agency contracted with under sub. (11) shall disclose the information specified in sub. (3) (a) and (b) in any of the following circumstances:

AB526,27,21 1. The department or agency does not have on file an unrevoked affidavit under sub. (2) from either birth parent or a document described in s. 48.95 (4) (b) or (7) signed by either birth parents.

AB526,27,25 2. One of the birth parents was unknown at the time of the proceeding for termination of parental rights or consent to adoption and the known birth parent has not filed an unrevoked affidavit under sub. (2) or a document described in s. 48.95 (4) (b) or (7).

AB526,28,4 (b) The department or agency contracted with under sub. (11) shall disclose the information specified in sub. (3) (a), but not the information specified in sub. (3) (b), if the department or agency does not have on file a document described in s. 48.95 (7) signed by both birth parents.

AB526,28,11 (c) The department or agency contracted with under sub. (11) shall disclose the information specified in sub. (3) (b) 2., but not the information specified in sub. (3) (a), if the department or agency does not have on file an unrevoked affidavit under sub. (2) from the birth parent who is the subject of the information or a document as described in s. 48.95 (4) (b) signed by the birth parent who is the subject of the information or, if the birth parent is deceased or has been declared incompetent, signed by an adult descendant of the birth parent.

AB526, s. 37 Section 37. 48.433 (6) (a) of the statutes is amended to read:

AB526,28,21 48.433 (6) (a) If the department, or agency contracted with under sub. (11), does not have has on file an affidavit under sub. (2) from each known either birth parent or a document described in s. 48.95 (4) (b) or (7) signed by either 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 under sub. (2) or signed a document described in s. 48.95 (4) (b) or (7). 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.

AB526, s. 38 Section 38. 48.433 (7) (a) 3. of the statutes is amended to read:

AB526,28,25 48.433 (7) (a) 3. The fact that the birth parent has the right to file with the department the may revoke an affidavit filed under sub. (2) or a document described in s. 48.95 (4) (b) or (7).

AB526, s. 39 Section 39. 48.433 (7) (b) of the statutes is amended to read:

AB526,29,6 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 an affidavit revoking the affidavit filed under sub. (2) or the document described in s. 48.95 (4) (b) or (7).

AB526, s. 40 Section 40. 48.433 (7) (c) of the statutes is amended to read:

AB526,29,11 48.433 (7) (c) If the birth parent files revokes the affidavit filed under sub. (2) or a document described in s. 48.95 (4) (b) or (7), the department, or agency contracted with under sub. (11), shall disclose the requested information if as permitted under sub. (5).

AB526, s. 41 Section 41. 48.433 (7) (d) of the statutes is amended to read:

AB526,29,16 48.433 (7) (d) If the department or an agency has contacted a birth parent under this subsection, and the birth parent does not file revoke the affidavit filed under sub. (2) or the document described in s. 48.95 (4) (b) or (7), the department may not disclose the requested information about that birth parent.

AB526, s. 42 Section 42. 48.433 (7) (e) of the statutes is amended to read:

AB526,29,21 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 not filed an unrevoked affidavit under sub. (2) or a document described in s. 48.95 (4) (b) or (7).

AB526, s. 43 Section 43. 48.433 (8) (a) (intro.) and 1. of the statutes are consolidated, renumbered 48.433 (8) (a) and amended to read:

AB526,30,9 48.433 (8) (a) If a birth parent is known to be dead deceased and has not filed an unrevoked affidavit under sub. (2) or a document described in s. 48.95 (4) (b) or (7), 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: 1. The the other birth parent has not filed an unrevoked affidavit under sub. (2) or a document described in s. 48.95 (4) (b) or, if the other birth parent is deceased or has been declared incompetent, an adult descendant of the other birth parent has not filed a document described in s. 48.95 (4) (b).

AB526, s. 44 Section 44. 48.433 (8) (a) 2. of the statutes is repealed.

AB526, s. 45 Section 45. 48.434 (2) of the statutes is amended to read:

AB526,30,16 48.434 (2) Any birth parent of a child may file with the agency that placed the child for adoption under s. 48.833 or that was appointed the guardian of the child under s. 48.837 (6) (d) a written authorization for 48.82 (3) a document prohibiting the agency to release from releasing any available information about the birth parent's identity and location to one or both the adoptive parents of the child.

AB526, s. 46 Section 46. 48.434 (3) of the statutes is repealed.

AB526, s. 47 Section 47. 48.434 (4) of the statutes is amended to read:

AB526,30,20 48.434 (4) A written authorization document filed under sub. (2) or (3) may be revoked at any time by notifying the agency in writing.

AB526, s. 48 Section 48. 48.434 (5) of the statutes is amended to read:

AB526,31,2 48.434 (5) Upon the request of an adoptive parent of a child, the agency receiving the request shall provide to the adoptive parent any available information about the identity and location of a birth parent of the child if unless the agency has on file an unrevoked written authorization document filed by that birth parent under sub. (2) authorizing or a document described in s. 48.95 (4) (b) prohibiting the release of that information to the adoptive parent.

AB526, s. 49 Section 49. 48.434 (6) of the statutes is repealed.

AB526, s. 50 Section 50. 48.434 (7) of the statutes is amended to read:

AB526,31,6 48.434 (7) This section does not apply if the adopted child is 21 18 years of age or over.

AB526, s. 51 Section 51. 48.46 (3) of the statutes is amended to read:

AB526,31,13 48.46 (3) An adoptive parent who has been granted adoption of a child under s. 48.91 (3) 48.92 or 48.94 may not petition the court for a rehearing under sub. (1) or move the court under s. 806.07 for relief from the order granting adoption. A petition for termination of parental rights under s. 48.42 or 48.90 and an appeal to the court of appeals shall be the exclusive remedies for an adoptive parent who wishes to end his or her parental relationship with his or her adopted child.

AB526, s. 52 Section 52. 48.48 (3m) (a) of the statutes is amended to read:

AB526,31,18 48.48 (3m) (a) The child does not have parents or a guardian or the parental rights to the child have been terminated by a tribal court in accordance with procedures that are substantially equivalent to the procedures specified in subch. VIII or s. 48.90.

AB526, s. 53 Section 53. 48.48 (17) (a) 5. of the statutes is amended to read:

AB526,31,22 48.48 (17) (a) 5. Place children in a county children's home in the county, to accept guardianship of children when appointed by the court and to place children under its guardianship for adoption under s. 48.82.

AB526, s. 54 Section 54. 48.48 (17) (a) 9. of the statutes is amended to read:

AB526,32,3 48.48 (17) (a) 9. Use in the media a picture or description of a child in its guardianship whom the department is attempting to place for adoption under s. 48.82 for the purpose of finding adoptive parents for that child.

AB526, s. 55 Section 55. 48.57 (1) (e) of the statutes is amended to read:

AB526,32,9 48.57 (1) (e) If a county department in a county with a population of 500,000 or more and if contracted to do so by the department, to place children in a county children's home in the county under policies adopted by the county board of supervisors, to accept guardianship of children when appointed by the court and to place children under its guardianship for adoption under s. 48.82.

AB526, s. 56 Section 56. 48.57 (1) (j) of the statutes is amended to read: