AB526: Bill Text

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.

AB526,78,3 5. If the petitioner is a prospective adoptive parent, that the petitioner intends to proceed with the petition to adopt the minor if the petition to terminate parental rights is granted.

AB526,78,6 6. If the petitioner is a parent or guardian of the minor or is an agency, that the petitioner has selected the prospective adoptive parent who is the petitioner in the proceeding for adoption.

AB526,78,10 (3) Service of petition and notice. (a) A petition to terminate parental rights under this section and a notice of hearing on the petition shall be served on the respondent, with notice of the proceeding for adoption, in the manner specified in s. 48.89 (3) and (4).

AB526,78,12 (b) The notice of hearing shall inform the respondent of the method of responding to the petition and shall advise the respondent of all of the following:

AB526,78,15 1. That the respondent has the right to be represented by an attorney regardless of ability to pay under s. 48.23 and ch. 977 and may be entitled to have an attorney appointed by the court.

AB526,78,20 2. That, if the respondent fails to respond within 20 days after service and, in the case of an alleged father who has not already filed a claim of paternity, fails to file a claim of paternity within 20 days after service, the court will terminate the respondent's parental rights to the minor, unless the proceeding for adoption is dismissed.

AB526,79,2 (4) Grounds for termination of parental rights. (a) If the respondent is served with a petition to terminate parental rights under this section and a notice of hearing on the petition and fails to respond within 20 days after the service and, in the case of an alleged father who has not already filed a claim of paternity, fails to file a claim of paternity within 20 days after the service, the court shall terminate the respondent's parental rights to the minor, unless the proceeding for adoption is dismissed.

AB526,79,5 (b) If under s. 48.89 (4) the court dispenses with service of the petition on the respondent, the court shall terminate the respondent's parental rights to the minor, unless the proceeding for adoption is dismissed.

AB526,79,10 (c) If the respondent responds and asserts his or her parental rights, the court shall proceed expeditiously with a hearing. If the court finds, by clear and convincing evidence, that any of the following grounds exists and finds, by a preponderance of the evidence, that termination of parental rights is in the best interest of the minor, the court shall terminate the respondent's parental rights to the minor:

AB526,79,14 1. In the case of a minor who has not attained the age of 6 months at the time the petition for adoption is filed, unless the respondent proves by a preponderance of the evidence that the respondent had a compelling reason for not complying with this subdivision, the respondent has failed to do all of the following:

AB526,79,16 a. Pay reasonable prenatal, natal and postnatal expenses in accordance with the respondent's financial means.

AB526,79,18 b. Make reasonable and consistent payments, in accordance with the respondent's financial means, for the support of the minor.

AB526,79,19 c. Visit regularly with the minor.

AB526,79,22 d. Manifest an ability and willingness to assume legal custody and physical custody of the minor if, from the time of the minor's birth to the time of the filing of the petition, the minor was not in the physical custody of the minor's other parent.

AB526,80,2 2. In the case of a minor who has attained the age of 6 months at the time the petition for adoption is filed, unless the respondent proves by a preponderance of the evidence that the respondent had a compelling reason for not complying with this subdivision, the respondent, for a period of at least 6 consecutive months immediately preceding the filing of the petition, has failed to do all of the following:

AB526,80,4 a. Make reasonable and consistent payments, in accordance with the respondent's financial means, for the support of the minor.

AB526,80,5 b. Communicate or visit regularly with the minor.

AB526,80,8 c. Manifest an ability and willingness to assume legal custody and physical custody of the minor if, during those 6 consecutive months, the minor was not in the physical custody of the other parent.

AB526,80,13 3. The respondent has been convicted of a crime specified in s. 48.355 (2d) (b) 1. or 2., or of violating a temporary restraining order or injunction under s. 813.12, 813.122 or 813.125 and the facts of the crime or violation and the respondent's behavior indicate that the respondent is unfit to maintain a relationship of parent and child with the minor.

AB526,80,16 4. The respondent is a man who was not married to the minor's mother when the minor was conceived or born and who is not the biological or adoptive father of the minor.

AB526,80,17 5. Termination of parental rights is justified on a ground specified in s. 48.415.

AB526,80,24 (d) If the respondent proves by a preponderance of the evidence that he or she had a compelling reason for not complying with par. (c) 1. or 2. and that termination of parental rights is not justified on a ground specified in par. (c) 3., 4. or 5., the court may terminate the parental rights to the minor of the respondent only if the court finds, by clear and convincing evidence, that any of the following grounds exists and, by a preponderance of the evidence, that termination of parental rights is in the best interest of the minor:

AB526,81,4 1. If the minor is not in the legal custody and physical custody of the minor's other parent, the respondent is not able or willing promptly to assume legal custody and physical custody of the minor and to pay for the minor's support, in accordance with the respondent's financial means.

AB526,81,9 2. If the minor is in the legal custody and physical custody of the minor's other parent and a stepparent, and the stepparent is the prospective adoptive parent, the respondent is not able or willing promptly to establish and maintain contact with the minor and to pay for the minor's support, in accordance with the respondent's financial means.

AB526,81,15 3. Placing the minor in the respondent's legal custody and physical custody would pose a risk of substantial harm to the physical or psychological well-being of the minor because the circumstances of the minor's conception, the respondent's behavior during the mother's pregnancy or since the minor's birth, or the respondent's behavior with respect to other minors, indicates that the respondent is unfit to maintain a relationship of parent and child with the minor.

AB526,81,17 4. Failure to terminate the parental rights to the minor of the respondent would be detrimental to the minor.