AB526: Bill Text

AB526,67,6 (2) Venue. A petition for adoption of a minor may be filed in the court of the county in which a petitioner lives, the minor lives or an office of the agency that placed the minor is located.

AB526,67,14 48.87 General procedure for adoptions of minors; general procedural provisions. (1) Appointment of attorney or guardian ad litem. (a) In a proceeding under this subchapter that may result in the termination of parental rights to a minor, the court shall appoint an attorney for any indigent, minor or incompetent person who appears in the proceeding and whose parental rights to the minor may be terminated, unless the court finds that the incompetent person has sufficient financial means to hire an attorney, or the indigent person declines to be represented by an attorney.

AB526,67,17 (b) The court shall appoint a guardian ad litem for a minor adoptee in a contested proceeding under this subchapter and may appoint a guardian ad litem for a minor adoptee in an uncontested proceeding under this subchapter.

AB526,67,19 (2) No right to jury trial. A proceeding under this subchapter for adoption or termination of parental rights shall be heard by the court without a jury.

AB526,67,21 (3) Confidentiality of proceedings. Except for a proceeding under s. 48.96, the general public shall be excluded from a hearing under this subchapter.

AB526,68,2 (4) Custody during pendency of proceeding. To protect the welfare of a minor adoptee, the court shall make an interim order for the legal custody and physical custody of the minor adoptee according to the best interest of the minor adoptee in a contested proceeding under this subchapter and may make an interim order for the legal custody and physical custody of the minor adoptee in an uncontested proceeding under this subchapter.

AB526,68,7 (5) Removal of adoptee from state. Before a decree of adoption is issued, a petitioner may not remove a minor adoptee for more than 30 consecutive days from the state in which the petitioner resides without the permission of the court, if the minor adoptee was placed directly for adoption, or, if an agency placed the minor adoptee for adoption, without the permission of the agency.

AB526,68,11 48.88 General procedure for adoption of minors; petition for adoption of minor. (1) Standing to petition to adopt. (a) Except as otherwise provided in par. (c), the following individuals are the only individuals who have standing to petition to adopt a minor under this section:

AB526,68,14 1. An individual with whom the minor has been placed for adoption or who has been selected as a prospective adoptive parent by a person authorized under s. 48.82 (1) to place the minor for adoption.

AB526,68,19 2. An individual with whom the minor has not been placed for adoption or who has not been selected or rejected as a prospective adoptive parent under ss. 48.82 to 48.84, but who has had physical custody of the minor for at least 6 months immediately before seeking to file the petition for adoption and who is allowed to file the petition by the court for good cause shown.

AB526,68,21 (b) The spouse of a petitioner shall join in the petition unless legally separated from the petitioner or judicially declared incompetent.

AB526,68,24 (c) A petition for adoption of a minor stepchild by a stepparent may be filed under s. 48.94 and a petition for adoption of an emancipated minor may be filed under s. 882.05.

AB526,69,4 (2) Time for filing petition. Unless the court allows a later filing, a prospective adoptive parent with standing to petition to adopt under sub. (1) (a) 1. shall file a petition for adoption by no later than 30 days after the date on which a minor is placed for adoption with that individual.

AB526,69,6 (3) Caption of petition. The caption of a petition for adoption of a minor shall contain the name of, or a pseudonym for, the minor.

AB526,69,9 (4) Content of petition. (a) A petition for adoption of a minor shall be signed and verified by the petitioner and shall contain all of the following information or state why any of the following information is not contained in the petition:

AB526,69,10 1. The full name, age and place and duration of residence of the petitioner.

AB526,69,14 2. The current marital status of the petitioner, including the date and place of any marriage, the date of any legal separation, divorce or annulment and, if the petitioner's spouse is incompetent, the date on which a court determined that the petitioner's spouse is incompetent.

AB526,69,16 3. A statement that the petitioner has the facilities and resources to provide for the care and support of the minor.

AB526,69,20 4. A statement that a preplacement evaluation containing a finding that the petitioner is suited to be an adoptive parent has been prepared or revised within the 12 months preceding the placement or that a preplacement evaluation is not required under s. 48.83 (1) (b).

AB526,69,23 5. The first name, sex and date, or approximate date, and place of birth of the minor and a statement that the minor is or is not an Indian child, as defined in the Indian Child Welfare Act, 25 USC 1901 to 1963.

AB526,70,2 6. The circumstances under which the petitioner obtained physical custody of the minor, including the date of placement of the minor with the petitioner for adoption and the name of the agency that placed the minor or the name or relationship to the minor of the individual who placed the minor.

AB526,70,6 7. The length of time that the minor has been in the physical custody of the petitioner or, if the minor is not in the physical custody of the petitioner, the reason why the petitioner does not have physical custody of the minor and the date and manner in which the petitioner intends to obtain physical custody of the minor.

AB526,70,7 8. A description and estimate of the value of any property of the minor.

AB526,70,12 9. A statement that the minor has been placed in compliance with any applicable law governing interstate or intercountry placements of minors or, if the minor has not been placed from another state or another country, a statement that the laws governing interstate or intercountry placements of minors are not applicable.

AB526,70,19 10. The name or relationship to the minor of any individual who has executed a consent to the adoption of the minor, a relinquishment of the minor or a disclaimer of parental interest with respect to the minor, and the name or relationship to the minor of any individual whose consent or relinquishment may be required, but who has not executed a consent or relinquishment or has not had his or her parental rights terminated, and any fact or circumstance that may excuse the lack of consent, relinquishment or termination of parental rights.

AB526,70,21 11. A statement whether the petitioner has filed in any court a previous petition to adopt a minor and the disposition of that petition.

AB526,70,24 12. A description of any previous court order or pending proceeding known to the petitioner concerning the custody of or visitation with the minor and any other fact known to the petitioner that is needed to establish the jurisdiction of the court.

AB526,71,2 (b) The petitioner shall request in the petition that the court do all of the following:

AB526,71,3 1. Permit the petitioner to adopt the minor as the petitioner's child.

AB526,71,5 2. Approve the full name by which the minor is to be known if the petition is granted.

AB526,71,6 3. Grant any other relief sought by the petitioner.

AB526,71,8 (5) Required documents. (a) Before the hearing on a petition for the adoption of a minor, the following documents shall be filed with the court:

AB526,71,10 1. A certified copy of the birth certificate or other record of the date and place of birth of the minor.

AB526,71,14 2. Any consent to the adoption of the minor, relinquishment of the minor or disclaimer of parental interest with respect to the minor that has been executed and any written certification required under s. 48.85 (5) (d) and (g) from the individual before whom the consent or relinquishment was executed.

AB526,71,16 3. A certified copy of any court order terminating the parental rights of a parent of the minor or terminating a guardianship of the minor.

AB526,71,20 4. A certified copy of any marriage certificate and any decree of divorce, annulment or legal separation of each parent or former parent of the minor and a certified copy of any court order determining that a parent or former parent of the minor is incompetent.

AB526,71,22 5. A certified copy of any current court order, or the petition in any pending proceeding, concerning the custody of or visitation with the minor.

AB526,71,24 6. A copy of the preplacement evaluation and of the evaluation made during the pendency of the proceeding for adoption.

AB526,71,25 7. A copy of any report containing the information required under s. 48.82 (6).

AB526,72,1 8. A document signed under s. 48.85 (4) (e) 5.

AB526,72,4 9. A certified copy of any marriage certificate and any decree of divorce, annulment or legal separation of the petitioner and a certified copy of any court order determining that the petitioner's spouse is incompetent.

AB526,72,7 10. A copy of any adoption assistance agreement under s. 48.975 or any other agreement with a public agency to provide a subsidy for the benefit of a minor adoptee with a special need.

AB526,72,17 11. If an agency placed the minor for adoption, a verified document from the agency stating the circumstances under which the agency obtained legal custody of the minor for the purpose of adoption; that the agency complied with any applicable law governing an interstate or intercountry placement of the minor; the name or relationship to the minor of any individual whose consent to the adoption of the minor is required, but who has not executed a consent or a relinquishment or who has not had his or her parental rights terminated, and any fact or circumstance that may excuse the lack of consent, relinquishment or termination of parental rights; whether the agency has executed its consent to the proposed adoption; and whether the agency waives notice of the proceeding for adoption.

AB526,72,19 12. A document stating the name and address, if known, of any person who is entitled to receive notice of the proceeding for adoption.

AB526,72,21 (b) If an item required under par. (a) is not available, the person responsible for furnishing the item shall file an affidavit explaining the absence of the item.

AB526,72,25 48.89 General procedure for adoption of minors; notice of pendency of proceeding. (1) Service of notice. (a) Unless notice has been waived, notice of a proceeding for the adoption of a minor shall be served, within 20 days after the date on which the petition for adoption is filed, on all of the following persons:

AB526,73,3 1. An individual whose consent to the adoption is required under s. 48.85 (1) (a) or (c), except that notice need not be served on an individual whose parental rights to the minor or whose guardianship of the minor has been terminated.

AB526,73,5 2. An agency whose consent to the adoption is required under s. 48.85 (1) (b) 1.

AB526,73,10 3. An individual whom the petitioner knows is claiming to be, or who is named as, the father or a possible father of the minor and whose paternity of the minor has not been judicially determined, except that notice need not be served on an individual who has executed a verified statement, as described in s. 48.85 (2) (a) 4., denying paternity or disclaiming any interest in the minor.

AB526,73,13 4. An individual, other than the petitioner, who has legal custody or physical custody of the minor or who has a right of visitation with the minor under a court order issued by a court in this state or any other state.

AB526,73,14 5. The spouse of the petitioner, if the spouse has not joined in the petition.

AB526,73,18 6. A grandparent of the minor if the grandparent's child is a deceased parent of the minor and if, before death, the deceased parent had not executed a consent to the adoption of the minor or a relinquishment or the parental rights of the deceased parent had not been terminated.

AB526,73,21 (b) The court shall require notice of a proceeding for adoption of a minor to be served on any person whom the court finds, at any time during the proceeding, is any of the following:

AB526,73,22 1. A person described in par. (a) who has not been given notice of the proceeding.

AB526,73,25 2. An individual who has revoked a consent to the adoption of the minor or a relinquishment under s. 48.85 (8) (a) or (9) (a) or who is attempting to have a consent to the adoption or a relinquishment set aside under s. 48.85 (8) (b) or (9) (b).

AB526,74,3 3. A person who, based on a previous relationship with the petitioner, the minor or a parent or an alleged parent of the minor, can provide information that is relevant to the proposed adoption and that the court, in its discretion, wants to hear.

AB526,74,6 (2) Content of notice. A notice required under sub. (1) shall use a pseudonym for a petitioner or any individual named in the petition for adoption who has not waived confidentiality. The notice shall contain all of the following information:

AB526,74,7 (a) The caption of the petition.

AB526,74,9 (b) The address and telephone number of the court in which the petition is pending.

AB526,74,10 (c) A concise summary of the relief requested in the petition.

AB526,74,12 (d) The name, mailing address and telephone number of the petitioner or the petitioner's attorney.

AB526,74,14 (e) A conspicuous statement of the method of responding to the notice and the consequences of a failure to respond.

AB526,74,15 (f) Any other information required under s. 801.09.

AB526,74,18 (3) Manner and effect of service. (a) Personal service of the notice required under sub. (1) shall be made in the manner prescribed for service of a summons under ss. 801.10 and 801.11, unless the court otherwise directs.

AB526,74,21 (b) Except as otherwise provided in par. (c), a person who fails to respond to a notice under sub. (1) within 20 days after its service may not appear in or receive further notice of the proceeding for adoption.

AB526,75,2 (c) An individual who is a respondent in a petition for termination of parental rights under s. 48.90 that is served on the individual with the notice required under sub. (1) may not appear in or receive further notice of the proceeding for adoption or the proceeding for termination of parental rights unless the individual responds to the notice as required under s. 48.90 (4) (a).

AB526,75,10 (4) Investigation and notice to unknown father. (a) If at any time in a proceeding for the adoption of a minor or a proceeding for termination of parental rights to a minor under s. 48.90 the court finds that an unknown father of the minor may not have received notice of the proceeding, the court shall determine whether the unknown father can be identified. The court shall make that determination based on evidence that includes evidence acquired from inquiries, including the inquiries under par. (b), of appropriate persons to identify the unknown father for the purpose of providing notice.

AB526,75,11 (b) The inquiries required under par. (a) shall include all of the following:

AB526,75,13 1. Whether the woman who gave birth to the minor was married at the probable time of conception of the minor, or at a later time.

AB526,75,15 2. Whether the woman who gave birth to the minor was cohabiting with a man at the probable time of conception of the minor.

AB526,75,18 3. Whether the woman who gave birth to the minor has received any payments or promises of support, other than from a governmental agency, with respect to the minor or because of her pregnancy.

AB526,75,21 4. Whether the woman who gave birth to the minor has named any individual as the father of the minor on the birth certificate of the minor or in connection with applying for or receiving public assistance.

AB526,75,25 5. Whether any individual has formally or informally acknowledged or claimed paternity of the minor in a jurisdiction in which the woman who gave birth to the minor resided during or since her pregnancy or in the jurisdiction in which the minor has resided or resides at the time of the inquiry.

AB526,76,4 (c) If an inquiry under par. (b) identifies as the father of the minor an individual who has not received notice of the proceeding, the court shall require notice to be served on that individual under sub. (3), unless service is not possible because the whereabouts of the individual are unknown.

AB526,76,11 (d) If after inquiry under par. (b) the court finds that personal service cannot be made on the father of the minor because the identity or whereabouts of the father are unknown, the court shall order publication of the notice only if, on the basis of all information available, the court determines that publication is likely to lead to receipt of notice by the father. If the court determines that publication is not likely to lead to receipt of notice by the father, the court may dispense with publication of a notice.

AB526,76,18 (e) If in an inquiry under this subsection the woman who gave birth to the minor fails to disclose the identity of a possible father of the minor or to reveal the whereabouts of that possible father, the person conducting the inquiry shall advise the woman that the proceeding for adoption may be delayed or subject to challenge if a possible father is not given notice of the proceeding, that the lack of information about the father's medical and genetic history may be detrimental to the minor and that the woman is subject to a civil penalty if she knowingly misidentifies the father.

AB526,76,21 (5) Waiver of notice. (a) A person who is entitled to receive notice under sub. (1) may waive the notice before the court or in a consent to adoption, relinquishment or other document signed by the person.

AB526,76,24 (b) Except for the purpose of moving to revoke or set aside a consent to adoption or relinquishment on the ground that it was obtained by fraud or duress, a person who has waived notice under par. (a) may not appear in the proceeding for adoption.

AB526,77,3 48.90 Petition for termination of parental rights. (1) Authorization. Any of the following persons may file a petition to terminate the parental rights to a minor of a parent or alleged parent of the minor:

AB526,77,6 (a) A parent or guardian of the minor who has selected a proposed adoptive parent for the minor and who intends to place, or has placed, the minor with the proposed adoptive parent.

AB526,77,8 (b) A parent whose spouse has filed a petition under s. 48.94 to adopt the parent's child.

AB526,77,10 (c) A prospective adoptive parent of the minor who has filed a petition under s. 48.88 or 48.94 to adopt the minor.

AB526,77,12 (d) An agency that has selected a prospective adoptive parent for the minor and that intends to place, or has placed, the minor with the proposed adoptive parent.

AB526,77,15 (2) Timing and content of petition. (a) A person specified in sub. (1) may file a petition under this section at any time after a petition for adoption has been filed under s. 48.88 or 48.94 and before a decree of adoption is entered.

AB526,77,17 (b) A petitioner under this section shall sign and verify the petition and file the petition with the court. The petition shall state all of the following information:

AB526,77,18 1. The name of the petitioner.

AB526,77,19 2. The name of the minor.

AB526,77,21 3. The name and last-known address of the parent or alleged parent whose parental rights to the minor are sought to be terminated.

AB526,77,23 4. The facts and circumstances forming the basis for the petition and the grounds on which the petitioner seeks the termination of parental rights.