AB526: Bill Text

AB526,46,5 6. Any previous request for an evaluation or previous involvement in an adoptive placement and the outcome of the previous evaluation or placement.

AB526,46,12 7. Whether the individual has been charged with having committed domestic abuse, as defined in s. 968.075 (1) (a), or a violation of ch. 948 and the disposition of the charge, whether there are any substantiated reports of child abuse or neglect against the individual as indicated by information maintained by the department and whether the individual has been subject to a court order restricting the individual's right to custody or visitation with a child or to a domestic abuse restraining order and injunction under s. 813.12.

AB526,46,13 8. Whether the individual has been convicted of a crime.

AB526,46,15 9. Whether the individual has located a parent interested in placing a minor with the individual for adoption and, if so, a brief description of the parent and minor.

AB526,46,19 10. Any other facts or circumstances that may be relevant in determining whether the individual is suited to be an adoptive parent, including the quality of the environment in the individual's home and the functioning of other children in the individual's home.

AB526,46,23 (e) An individual being evaluated shall submit to being fingerprinted and shall sign a release permitting the evaluator to obtain from any appropriate law enforcement agency any record indicating whether the individual has been convicted of a crime.

AB526,46,25 (f) An individual being evaluated shall, at the request of the evaluator, sign any release necessary for the evaluator to obtain the information required under par. (d).

AB526,47,5 (4) Determining suitability to be adoptive parent. (a) An evaluator shall assess the information required under sub. (3) to determine whether the information raises a specific concern that placement of any minor, or a particular minor, in the home of the individual being evaluated would pose a significant risk of harm to the physical or psychological well-being of the minor.

AB526,47,10 (b) If an evaluator determines that the information assessed under par. (a) does not raise a specific concern as specified in par. (a), the evaluator shall find that the individual being evaluated is suited to be an adoptive parent. The evaluator may comment about any factor that in the evaluator's opinion makes the individual suited to be an adoptive parent, either in general or for a particular minor.

AB526,47,15 (c) If an evaluator determines that the information assessed under par. (a) raises a specific concern as specified in par. (a), the evaluator, on the basis of the original or any further investigation, shall find that the individual is or is not suited to be an adoptive parent. The evaluator shall support the finding with a written explanation.

AB526,47,23 (5) Filing and copies of preplacement evaluation. (a) If a preplacement evaluation contains a finding that an individual is suited to be an adoptive parent, the evaluator shall give the individual a signed copy of the preplacement evaluation. At the individual's request, the evaluator shall provide a copy of the preplacement evaluation to a person authorized under s. 48.82 (1) to place a minor for adoption. The evaluator shall edit the copy provided to a person authorized to place a minor for adoption to exclude any identifying information, unless the individual who is the subject of the preplacement evaluation requests otherwise.

AB526,48,4 (b) If a preplacement evaluation contains a finding that an individual is not suited to be an adoptive parent, either in general or for a particular minor, the evaluator shall immediately give a signed copy of the preplacement evaluation to the individual and the department. The department shall retain for 10 years the copy of the evaluation and a copy of any court order concerning the preplacement evaluation issued under sub. (6) or (7).

AB526,48,7 (c) An evaluator shall retain for 3 years the original of any completed or incomplete preplacement evaluation prepared by the evaluator and a list of every source for each item of information in the preplacement evaluation.

AB526,48,9 (d) An evaluator who conducts a preplacement evaluation in good faith is not subject to civil liability for anything contained in the preplacement evaluation.

AB526,48,13 (6) Review of evaluation. (a) Within 90 days after an individual receives a preplacement evaluation that contains a finding that the individual is not suited to be an adoptive parent, the individual may petition the court for a review of the preplacement evaluation.

AB526,48,18 (b) If the court determines that the petitioner has failed to prove by a preponderance of the evidence that the petitioner is suited to be an adoptive parent, the court shall order that the petitioner not be permitted to adopt a minor and shall send a copy of the order to the department to be retained by the department with a copy of the original preplacement evaluation.

AB526,48,24 (c) If the court determines that the petitioner has proved by a preponderance of the evidence that the petitioner is suited to be an adoptive parent, the court shall find that the petitioner is suited to be an adoptive parent and shall order that the petitioner be permitted to commence or continue a proceeding for the adoption of a minor. The court shall send a copy of the order to the department to be retained by the department with a copy of the original preplacement evaluation.

AB526,49,11 (7) Action by department. If, before a decree of adoption is issued, the department learns from an evaluator or another person that a minor has been placed for adoption with an individual who is the subject of a preplacement evaluation on file with the department containing a finding that the individual is unsuited to be an adoptive parent, the department shall immediately review the preplacement evaluation and investigate the circumstances of the placement and may request that the individual return the minor to the physical custody of the person who placed the minor or place the minor in the physical custody of the department. If the individual refuses that request, the department shall immediately file a petition under s. 48.13 (5) to remove the minor from the home of the individual and, pending a hearing, the court shall make an appropriate order for the care and physical custody of the minor.

AB526,49,14 48.84 Transfer of physical custody by health care facility for purposes of adoption. (1) Definition. In this section, "health care facility" has the meaning given in s. 150.84 (2).

AB526,49,19 (2) Authorization to transfer physical custody. (a) A health care facility shall release a minor for the purpose of adoption to an individual or agency that is not otherwise legally entitled to the physical custody of the minor if the woman who gave birth to the minor signs an authorization of the transfer of physical custody of the minor.

AB526,49,23 (b) An authorization under par. (a) shall be signed in the presence of an employe of the health care facility who is authorized by the health care facility to witness that authorization. An authorized employe in whose presence an authorization under par. (a) is signed shall attest to the signing in writing.

AB526,50,2 (3) Reports to department. (a) No later than 72 hours after a health care facility releases a minor under sub. (2), the health care facility shall transmit to the department a copy of the authorization required under sub. (2) (a) and shall report to the department all of the following:

AB526,50,4 1. The name, address and telephone number of the individual who authorized the release.

AB526,50,6 2. The name, address and telephone number of the person to whom physical custody of the minor was transferred.

AB526,50,7 3. The date of the transfer.

AB526,50,10 (b) No later than 30 days after a health care facility releases a minor under sub. (2), the person to whom physical custody of the minor was transferred shall report to the department which, if any, of the following dispositions has occurred:

AB526,50,12 1. A petition for the adoption of the minor has been filed. If so, the person shall report the name and address of the petitioner.

AB526,50,14 2. An agency has acquired legal custody of the minor. If so, the person shall report the name and address of the agency.

AB526,50,17 3. The minor has been returned to his or her parent or other person having legal custody of the minor. If so, the person shall report the name and address of the parent or other person having legal custody of the minor.

AB526,50,19 4. Physical custody of the minor has been transferred to another individual. If so, the person shall report the name and address of that individual.

AB526,50,23 (4) Action by department. (a) If the department receives a report from a health care facility under sub. (3) (a), but does not receive the report required under sub. (3) (b) within 45 days after the release of a minor under sub. (2), the department shall immediately investigate to determine the whereabouts of the minor.

AB526,51,3 (b) If none of the dispositions specified in sub. (3) (b) 1. to 3. has occurred or if physical custody of the minor has been transferred to an individual as described in sub. (3) (b) 4., but that individual has not filed a petition for the adoption of the minor, the department shall immediately take action to remove the minor from the physical custody of the individual to whom the minor has been transferred.

AB526,51,6 (c) In addition to the actions required under pars. (a) and (b), the department may also review and investigate the placement of the minor for compliance with s. 48.82 (1) to (6) and may petition the court for an order compelling that compliance.

AB526,51,12 48.85 Consent to and relinquishment for adoption. (1) Persons whose consent is required. (a) Unless consent is not required or is dispensed with under sub. (2), in a direct placement of a minor for adoption by a parent or guardian who is authorized under s. 48.82 (1) to place the minor for adoption, the court may grant a petition to adopt the minor only if consent to the adoption has been executed by one of the following:

AB526,51,13 1. The woman who gave birth to the minor and one of the following:

AB526,51,16 a. The man, if any, who is or has been married to the woman, if the minor was born during the marriage or within 300 days after the granting of a decree of legal separation, divorce or annulment between the man and the woman.

AB526,51,21 b. The man, if any, who attempted to marry the woman before the minor's birth by a marriage solemnized in apparent compliance with the law, although the attempted marriage is or could be declared invalid, if the minor was born during the attempted marriage or within 300 days after the granting of a decree of legal separation, divorce or annulment between the man and the woman.

AB526,52,4 c. The man, if any, who has been judicially determined to be the father of the minor, or who has signed a statement acknowledging his paternity of the minor, and who has provided, in accordance with his financial means, reasonable and consistent payments for the care and support of the minor and has visited or communicated with the minor, or who, after the minor's birth, but before the minor's placement for adoption, has married the woman who gave birth to the minor or attempted to marry her by a marriage solemnized in apparent compliance with the law, although the attempted marriage is or could be declared invalid.

AB526,52,6 d. The man, if any, who has received the minor into his home and openly held out the minor as his child.

AB526,52,8 2. The minor's guardian, if the guardian has been expressly authorized by a court to consent to the minor's adoption.

AB526,52,9 3. The current adoptive mother and father of the minor.

AB526,52,13 (b) Unless consent is not required or is dispensed with under sub. (2), in a placement of a minor for adoption by an agency, the court may grant a petition to adopt the minor only if consent to the adoption has been executed by all of the following:

AB526,52,14 1. The agency that placed the minor for adoption.

AB526,52,15 2. Any individual described in par. (a) who has not relinquished the minor.

AB526,52,19 (c) Unless the court dispenses with the minor's consent under sub. (2) (b), a petition to adopt a minor who has attained the age of 12 years may be granted only if, in addition to any consent required under par. (a) or (b), the minor has executed an informed consent to the adoption.

AB526,52,21 (2) Persons whose consent is not required. (a) Consent to the adoption of a minor is not required of any of the following persons:

AB526,52,23 1. An individual who has relinquished the minor to an agency for the purpose of adoption.

AB526,52,25 2. An individual whose parental rights to the minor have been judicially terminated or determined not to exist.

AB526,53,1 3. A parent who has been judicially declared incompetent.

AB526,53,5 4. A man who has not been married to the woman who gave birth to the minor and who, after the conception of the minor, executes a verified statement denying paternity or disclaiming any interest in the minor and acknowledging that his statement is irrevocable when executed.

AB526,53,6 5. The personal representative of a deceased parent's estate.

AB526,53,10 6. A parent or other person who has not executed a consent or relinquishment and who fails to file an answer or make an appearance in a proceeding for termination of parental rights or adoption within 20 days after service of notice of the proceeding.

AB526,53,12 (b) The court may dispense with the consent to the adoption of a minor of any of the following persons:

AB526,53,14 1. A guardian or agency whose consent is otherwise required upon a finding that the consent is being withheld contrary to the best interest of the minor.

AB526,53,16 2. A minor who has attained the age of 12 years upon a finding that it is not in the best interest of the minor to require the consent.

AB526,53,20 (3) Individuals who may relinquish minor. A parent or guardian whose consent to the adoption of a minor is required under sub. (1) may relinquish to an agency all rights with respect to the minor, including legal custody and physical custody of the minor and the right to consent to the minor's adoption.

AB526,53,25 (4) Time and prerequisites for execution of consent or relinquishment. (a) A parent whose consent to the adoption of a minor is required under sub. (1) may execute a consent to the adoption of the minor or a relinquishment only after the minor is born. A parent who executes a consent or relinquishment may revoke the consent or relinquishment within 192 hours after the birth of the minor.

AB526,54,2 (b) A guardian may execute a consent to the adoption of a minor or a relinquishment at any time after being authorized by a court to do so.

AB526,54,5 (c) An agency that places a minor for adoption may execute its consent to the adoption of the minor at any time before or during the hearing on the petition for adoption of the minor.

AB526,54,8 (d) A minor adoptee whose consent to his or her adoption is required may execute the consent at any time before or during the hearing on the petition for adoption of the minor.

AB526,54,10 (e) Before executing a consent to an adoption or a relinquishment, a parent must have been informed of all of the following:

AB526,54,11 1. The meaning and consequences of adoption.

AB526,54,12 2. The availability of counseling.

AB526,54,13 3. The availability of legal counsel.

AB526,54,18 4. The procedure for releasing information about the health and other characteristics of the parent that may affect the physical or psychological well-being of the adoptee and the procedure under ss. 48.433, 48.434 and 48.95 for prohibiting the release of the parent's identity to an adoptee, an adoptee's direct descendent or an adoptive parent.

AB526,55,4 5. That identifying information about the parent will be made available, on request, to the adoptee, upon attaining 18 years of age; to an adoptive parent or guardian of the adoptee before the adoptee attains 18 years of age; to a direct descendant of the adoptee who has attained 18 years of age, if the adoptee is deceased; or to the parent or guardian of a direct descendant of the adoptee who has not attained 18 years of age, if the adoptee is deceased; unless the parent indicates in a signed document that the parent does not wish to have identifying information about the parent released. The parent shall be given an opportunity to sign a document indicating that the parent does not wish to have identifying information about the parent released. The parent shall also be informed that a decision to deny the release of identifying information may be reversed at any time.

AB526,55,7 (5) Procedure for execution of consent or relinquishment. (a) A parent or guardian executing a consent to an adoption or a relinquishment shall sign or confirm the consent or relinquishment in the presence of one of the following persons:

AB526,55,8 1. A judge of a court of record.

AB526,55,10 2. An individual whom a judge of a court of record has designated to take consents or relinquishments.

AB526,55,12 3. An employe, other than an employe of an agency to which a minor is relinquished, whom an agency has designated to take consents or relinquishments.

AB526,55,14 4. An attorney, other than an attorney who is representing an adoptive parent or the agency to which a minor is relinquished.

AB526,55,16 5. A commissioned officer on active duty in the military service of the United States, if the person executing the consent or relinquishment is in military service.

AB526,55,19 6. An officer of the foreign service, or a consular officer, of the United States in another country, if the person executing the consent or relinquishment is in that country.

AB526,55,22 (b) A minor adoptee executing a consent shall sign or confirm the consent in the presence of the court presiding over the proceeding for adoption or in a manner that the court directs.

AB526,56,2 (c) A parent who is a minor is competent to execute a consent or relinquishment if the parent has had access to counseling and has had the advice of an attorney who is not representing an adoptive parent or the agency to which the parent's child is being relinquished.

AB526,56,7 (d) An individual before whom a consent or relinquishment is signed or confirmed under par. (a) shall certify in writing that he or she orally explained the contents and consequences of the consent or relinquishment and that, to the best of his or her knowledge or belief, the individual executing the consent or relinquishment has done, or has had done for him or her, all of the following:

AB526,56,8 1. Read or was read the consent or relinquishment and understood it.

AB526,56,11 2. Signed the consent or relinquishment voluntarily and received or was offered a copy of the consent or relinquishment, together with the information described in sub. (4) (e) 1. to 5.

AB526,56,12 3. Was given an opportunity to sign the document described in sub. (4) (e) 5.

AB526,56,14 4. Received or was offered counseling services and information about adoption that explains the meaning and consequences of an adoption.

AB526,56,19 5. If the individual is a minor, was advised by an attorney who is not representing an adoptive parent or the agency to which the parent's child is being relinquished or, if the individual is an adult, was informed that he or she has the right to have an attorney who is not representing an adoptive parent or the agency to which the minor is being relinquished.

AB526,56,21 6. Been advised of the obligation to provide the information required under s. 48.82 (6).

AB526,57,3 (e) A prospective adoptive parent named or described in a consent to the adoption of a minor shall sign a statement indicating that he or she intends to adopt the minor, acknowledging that he or she is obligated to return legal custody and physical custody of the minor to the minor's parent if the parent revokes the consent within the time specified in sub. (4) (a) and acknowledging that he or she is responsible for the minor's support and medical and other care if the consent is not revoked.

AB526,57,9 (f) If an agency accepts a relinquishment, an employe of the agency shall sign a statement accepting the relinquishment, acknowledging that the agency is obligated to return legal custody and physical custody of the minor to the minor's parent if the parent revokes the relinquishment within the time indicated in sub. (4) (a) and acknowledging that the agency is responsible for the minor's support and medical and other care if the relinquishment is not revoked.

AB526,57,11 (g) An individual before whom a consent or a relinquishment is signed or confirmed shall certify having received the statement required under par. (e) or (f).

AB526,57,15 (h) A consent by an agency to the adoption of a minor who is in the agency's legal custody shall be executed by the head of the agency or by an individual authorized by the agency to execute consents and shall be signed or confirmed under oath in the presence of an individual authorized to take acknowledgments.

AB526,57,18 (i) A consent or relinquishment executed or confirmed in another state or country is valid if executed or confirmed in accordance with this section or with the law and procedure of the state or country where executed.

AB526,57,23 (6) Content of consent or relinquishment. (a) A consent to the adoption of a minor or relinquishment required from a parent or guardian shall be in writing and shall contain in plain English or, if the native language of the parent or guardian is a language other than English, in the native language of the parent or guardian all of the following information:

AB526,57,24 1. The date, place and time of the execution of the consent or relinquishment.