AB526: Bill Text

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:

AB526,32,13 48.57 (1) (j) To use in the media a picture or description of a child in its guardianship whom the county department is attempting to place for adoption under s. 48.82 for the purpose of finding adoptive parents for that child.

AB526, s. 57 Section 57. 48.61 (5) of the statutes is amended to read:

AB526,32,16 48.61 (5) If licensed to do so, 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. 58 Section 58. 48.63 (3) of the statutes is amended to read:

AB526,32,20 48.63 (3) Subsection (1) does not apply to the placement of a child for adoption. Adoptive placements may be made only as provided under ss. 48.833, 48.835, 48.837 and 48.839 s. 48.82.

AB526, s. 59 Section 59. 48.64 (1m) of the statutes is amended to read:

AB526,33,14 48.64 (1m) Foster home, treatment foster home and group home agreements. If an agency places a child in a foster home, treatment foster home or group home under a court order or voluntary agreement under s. 48.63, the agency shall enter into a written agreement with the head of the home. The agreement shall provide that the agency shall have access at all times to the child and the home, and that the child will be released to the agency whenever, in the opinion of the agency placing the child or the department, the best interests of the child require it. If a child has been in a foster home, treatment foster home or group home for 6 months or more, the agency shall give the head of the home written notice of intent to remove the child, stating the reasons for the removal. The child may not be removed before completion of the hearing under sub. (4) (a) or (c), if requested, or 30 days after the receipt of the notice, whichever is later, unless the safety of the child requires it or, in a case in which the reason for removal is to place the child for adoption under s. 48.833 48.82, unless all of the persons who have the right to request a hearing under sub. (4) (a) or (c) sign written waivers of objection to the proposed removal. If the safety of the child requires earlier removal, s. 48.19 shall apply. If an agency removes a child from an adoptive placement, the head of the home shall have no claim against the placing agency for the expense of care, clothing or medical treatment.

AB526, s. 60 Section 60. 48.685 (1) (bg) of the statutes is amended to read:

AB526,33,18 48.685 (1) (bg) "Foster home" includes a placement for adoption under s. 48.833 48.82 of a child for whom adoption assistance will be provided under s. 48.975 after the adoption is finalized.

AB526, s. 61 Section 61. 48.685 (1) (d) of the statutes is amended to read:

AB526,33,22 48.685 (1) (d) "Treatment foster home" includes a placement for adoption under s. 48.833 48.82 of a child for whom adoption assistance will be provided under s. 48.975 after the adoption is finalized.

AB526, s. 62 Section 62. 48.75 (1g) (a) 4. of the statutes is amended to read:

AB526,34,3 48.75 (1g) (a) 4. The county of the public licensing agency issuing the license has a population of 500,000 or more and the placement is for adoption under s. 48.833, 48.835 or 48.837 48.82.

AB526, s. 63 Section 63. 48.78 (2) (a) of the statutes is amended to read:

AB526,34,8 48.78 (2) (a) No agency may make available for inspection or disclose the contents of any record kept or information received about an individual in its care or legal custody, except as provided under s. 48.371, 48.38 (5) (b) or (d), 48.432, 48.433, 48.93 48.95, 48.981 (7), 938.51 or 938.78 or by order of the court.

AB526, s. 64 Section 64. Subchapter XIX (title) of chapter 48 [precedes 48.81] of the statutes is repealed and recreated to read:

AB526,34,11 Chapter 48

AB526,34,13 Subchapter XIX Uniform adoption act

AB526, s. 65 Section 65. 48.81 to 48.97 of the statutes are repealed and recreated to read:

AB526,34,15 48.81 General provisions. (1) Definitions. In this subchapter:

AB526,34,17 (a) "Adoptee" means an individual who is adopted or who is proposed to be adopted.

AB526,34,20 (b) "Agency" means a public or private entity, including the department, a county department under s. 48.57 (1) (e) or (hm) or a child welfare agency licensed under s. 48.60, that is authorized to place an individual for adoption.

AB526,34,21 (c) "Child" means a minor or adult son or daughter, by birth or adoption.

AB526,34,25 (d) "Legal custody" means the right and duty to exercise continuing general supervision of a minor as authorized by law, including the right and duty to protect, educate, nurture and discipline the minor and to provide the minor with food, clothing, shelter, medical care and a supportive environment.

AB526,35,1 (e) "Minor" means a person who has not attained 18 years of age.

AB526,35,4 (f) "Parent" has the meaning given in s. 48.02 (13), except that, in addition, "parent" includes an individual whose consent to the adoption of a minor is required under s. 48.85 (1) (a) 1.

AB526,35,7 (g) "Place for adoption" means to select a prospective adoptive parent for a minor and to transfer physical custody of the minor to the prospective adoptive parent.

AB526,35,11 (h) "Relative" means a grandparent, greatgrandparent, sibling, first cousin, aunt, uncle, great-aunt, great-uncle, niece or nephew of an individual, whether related to the individual by whole blood or half blood, marriage or adoption. "Relative" does not include an individual's stepparent.

AB526,35,14 (i) "Relinquishment" means the voluntary surrender to an agency by a minor's parent or guardian, for the purpose of the minor's adoption, of the rights of the parent or guardian with respect to the minor.

AB526,35,17 (j) "State" means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico or any territory or insular possession that is subject to the jurisdiction of the United States.