AB526: Bill Text

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 of the statutes is repealed.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.

AB526,35,19 (k) "Stepparent" means an individual who is the spouse or surviving spouse of a parent of a child but who is not a parent of the child.

AB526,35,22 (2) Who may adopt or be adopted. Subject to this subchapter, any individual may adopt or be adopted by any other individual for the purpose of creating the relationship of parent and child between them.

AB526,35,24 (3) Name of adoptee after adoption. The name of an adoptee designated in a decree of adoption takes effect as specified in the decree.

AB526,36,4 (4) Legal relationship between adoptee and adoptive parent after adoption. After a decree of adoption becomes final, each adoptive parent and the adoptee have the legal relationship of parent and child and have all of the rights and duties of that relationship.

AB526,36,10 (5) Legal relationship between adoptee and former parent after adoption. Except as otherwise provided in s. 48.94 (3), when a decree of adoption becomes final the legal relationship of parent and child between each of the adoptee's former parents and the adoptee terminates, except for a former parent's duty to pay arrearages for child support, and any previous order for visitation or communication with the adoptee terminates.

AB526,36,12 (6) Other rights of adoptee. A decree of adoption does not affect any right or benefit that was vested in the adoptee before the decree became final.

AB526,36,15 (7) Proceedings subject to Indian Child Welfare Act. A proceeding under this subchapter that pertains to an Indian child, as defined in 25 USC 1903 (3), is subject to the Indian Child Welfare Act, 25 USC 1901 to 1963.

AB526,36,25 (8) Recognition of adoption in another jurisdiction. A decree or order of adoption issued by a court of any other state that is entitled to full faith and credit in this state, or a decree or order of adoption issued by a court or administrative entity in another country acting under that country's law or under any convention or treaty on intercountry adoption that the United States has ratified, has the same effect as a decree or order of adoption issued by a court of this state. The rights and obligations of any person who is subject to a decree or order of adoption issued by a court or administrative entity of another jurisdiction described in this subsection as to matters that are within the jurisdiction of this state shall be determined as though the decree or order were issued by a court of this state.

AB526,37,2 48.82 Placement of minor for adoption. (1) Who may place minor for adoption. (a) The only persons who may place a minor for adoption are as follows:

AB526,37,4 1. A parent having legal custody and physical custody of the minor, as provided in pars. (b) and (c).

AB526,37,5 2. A guardian expressly authorized by the court to place the minor for adoption.

AB526,37,6 3. An agency to which the minor has been relinquished for adoption.

AB526,37,9 4. An agency expressly authorized to place the minor for adoption by a court order terminating the parental rights to the minor of the minor's parent or terminating the relationship between the minor and the minor's guardian.

AB526,37,13 (b) Except as provided in par. (c), a parent having legal custody and physical custody of a minor may place the minor for adoption, even if the other parent has not executed a consent to the adoption, has not executed a relinquishment or has not had his or her parental rights to the minor terminated.

AB526,37,19 (c) A parent having legal custody and physical custody of a minor may not place the minor for adoption if the other parent also has legal custody of the minor or has a right of visitation with the minor and that other parent's whereabouts are known, unless that other parent agrees in writing to that placement or, before the placement, the parent who intends to place the minor for adoption sends notice of the intended placement to the other parent's last-known address.

AB526,37,22 (d) An agency may place a minor for adoption, even if only one of the minor's parents has executed a relinquishment or has had his or her parental rights to the minor terminated.

AB526,38,2 (2) Direct placement for adoption by parent or guardian. (a) A parent or guardian who is authorized under sub. (1) to place a minor directly for adoption may place the minor only with a prospective adoptive parent for whom a favorable preplacement evaluation has been prepared under s. 48.83 (1) to (6) or for whom a preplacement evaluation is not required under s. 48.83 (1) (b).

AB526,38,8 (b) A parent or guardian placing a minor directly for adoption shall personally select a prospective adoptive parent for the direct placement of the minor. Subject to s. 48.96, the parent or guardian may be assisted by another person, including an attorney, a health care provider or an agency, in locating a prospective adoptive parent or in transferring legal custody and physical custody of the minor to a prospective adoptive parent.

AB526,38,16 (c) A prospective adoptive parent shall furnish a copy of the preplacement evaluation to the parent or guardian and may provide any additional information requested by the parent or guardian. The preplacement evaluation and any additional information shall be edited to exclude any identifying information, except that information identifying a prospective adoptive parent need not be edited if the prospective adoptive parent agrees to the disclosure of that information. Subject to s. 48.96, a prospective adoptive parent may be assisted by another person in locating a minor who is available for adoption.

AB526,39,3 (d) If a consent to the minor's adoption is not executed at the time the minor is placed for adoption, the parent or guardian who places the minor for adoption shall furnish to the prospective adoptive parent a signed writing stating that the transfer of physical custody is for the purpose of adoption and that the parent or guardian has been informed of the provisions of this subchapter relating to placement for adoption, consent to adoption, relinquishment and termination of parental rights. The writing shall authorize the prospective adoptive parent to provide support and medical and other care for the minor pending execution of the consent within a time specified in the writing. The prospective adoptive parent shall acknowledge in a signed writing that he or she accepts responsibility for the minor's support and medical and other care and for returning the minor to the physical custody of the parent or guardian if the consent is not executed within the time specified.

AB526,39,6 (e) A person who provides services with respect to direct placements for adoption shall furnish to an individual who inquires about the person's services a written statement of the person's services and a schedule of the person's fees.

AB526,39,10 (3) Placement for adoption by agency. (a) An agency shall furnish to an individual who inquires about the agency's services a written statement of those services, including the agency's procedures for selecting a prospective adoptive parent for a minor and a schedule of the agency's fees.

AB526,39,15 (b) An agency that places a minor for adoption shall authorize in writing the prospective adoptive parent to provide support and medical and other care for the minor pending entry of a decree of adoption. The prospective adoptive parent shall acknowledge in writing that he or she accepts responsibility for the minor's support and medical and other care.

AB526,39,20 (c) On request by a parent who has relinquished his or her child under s. 48.85, the agency to which the parent has relinquished the child shall promptly inform the parent as to whether the child has been placed for adoption, whether a petition for adoption of the child has been granted, denied or withdrawn and, if the petition was not granted, whether another placement has been made.

AB526,39,23 (4) Preferences for placement when agency places minor. (a) 1. An agency may place a minor for adoption only with an individual for whom a favorable preplacement evaluation has been prepared under s. 48.83 (1) to (6).

AB526,40,3 2. Subject to subd. 1., if an agency has agreed to place a minor with a prospective adoptive parent selected by the minor's parent or guardian, the agency shall place the minor with that prospective adoptive parent.

AB526,40,6 3. Subject to subd. 1., if an agency has not agreed to place a minor with a prospective adoptive parent selected by the minor's parent or guardian, the agency shall place the minor in accordance with the best interest of the minor.

AB526,40,8 (b) In determining the best interests of a minor under par. (a) 3., an agency shall consider the following individuals in the following order of preference:

AB526,40,10 1. An individual who has previously adopted a sibling of the minor and who makes a written request to adopt the minor.

AB526,40,13 2. An individual with characteristics requested by the parent or guardian of the minor, if the agency locates an individual with those characteristics within a time agreed to by the parent or guardian and agency.