AB526: Bill Text

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.

AB526,40,16 3. An individual who has had physical custody of the minor for 6 months or more within the preceding 24 months or for half or more of the minor's life, whichever is less, and who makes a written request to adopt the minor.

AB526,40,18 4. A relative with whom the minor has established a positive emotional relationship and who makes a written request to adopt the minor.

AB526,40,19 5. Any other individual selected by the agency.

AB526,40,25 (c) Unless necessary to comply with a request under par. (b) 2., an agency may not delay or deny a minor's placement for adoption solely on the basis of the minor's race, national origin or ethnic background. An individual for whom a favorable preplacement evaluation has been prepared and who makes a written request to adopt a minor or the guardian ad litem of a minor may maintain an action or proceeding for equitable relief against an agency that violates this paragraph.

AB526,41,3 (d) If practicable and in the best interest of minors who are siblings, an agency shall place siblings with the same prospective adoptive parent selected in accordance with pars. (a) to (c).

AB526,41,9 (e) If an agency places a minor under par. (a) 3., an individual described in par. (b) 3. may commence an action or proceeding within 30 days after the placement to challenge the placement. If the individual proves by a preponderance of the evidence that the minor has substantial emotional ties to the individual and that an adoptive placement of the minor with the individual would be in the best interest of the minor, the court shall place the minor with the individual.

AB526,41,16 (5) Recruitment of adoptive parents by agency. An agency receiving funds under s. 20.435 (3) (dd) or 42 USC 670 to 675 shall make a diligent search for and actively recruit prospective adoptive parents for minors under the agency's guardianship or legal custody whose care may be funded from those sources and who are difficult to place for adoption because of a special need. The department shall promulgate rules prescribing the procedure for recruiting prospective adoptive parents under this subsection.

AB526,41,22 (6) Disclosure of background information. (a) As early as practicable before a prospective adoptive parent accepts physical custody of a minor, a person placing the minor for adoption shall furnish to the prospective adoptive parent a written report containing all of the following information that is reasonably available from any person who has had legal custody or physical custody of the minor or who has provided medical, psychological, educational or other similar services to the minor:

AB526,42,4 1. A current medical and psychological history of the minor, including an account of the minor's prenatal care, medical condition at birth, any drug or medication taken by the minor's mother during pregnancy, any medical, psychological or psychiatric examination and diagnosis of the minor made subsequent to the minor's birth, any physical, sexual or emotional abuse suffered by the minor and a record of any immunizations and other health care received by the minor while in foster care or other out-of-home care.

AB526,42,9 2. Relevant information concerning the medical and psychological history of the minor's genetic parents and relatives, including any known disease or hereditary predisposition to disease, any addiction to alcohol or any other drug, the health of the minor's mother during her pregnancy and the health of each of the minor's parents at the time of the minor's birth.

AB526,42,11 3. Relevant information concerning the social history of the minor and the minor's parents and relatives, including all of the following:

AB526,42,13 a. The minor's school enrollment and performance history, the results of any educational testing of the minor and any special educational needs of the minor.

AB526,42,15 b. The minor's racial, ethnic and religious background, tribal affiliation and a general description of the minor's parents.

AB526,42,17 c. An account of the minor's past and current relationship with any individual with whom the minor has regularly lived or visited.

AB526,42,19 d. The level of educational and vocational achievement of the minor's parents and relatives and any noteworthy accomplishments of those parents and relatives.

AB526,42,23 4. Information concerning any felony conviction of a parent of the minor, any order terminating the parental rights of a parent of the minor and any proceeding in which a parent of the minor was alleged to have abused, neglected, abandoned or otherwise mistreated the minor, a sibling of the minor or the minor's other parent.

AB526,42,25 5. Information concerning any conviction or delinquency adjudication of the minor.

AB526,43,3 6. Information necessary to determine the minor's eligibility for any state or federal benefits, including adoption assistance under s. 48.975, or any other financial, medical or similar assistance.

AB526,43,8 (b) Before a hearing on a petition for adoption of a minor, the person who placed the minor for adoption shall furnish to the prospective adoptive parent a supplemental written report containing any information required under par. (a) that was unavailable to that person before the minor was placed for adoption but which became reasonably available to that person after the placement.

AB526,43,10 (c) The court may request that a respondent in a termination of parental rights proceeding under s. 48.90 supply the information required under this subsection.

AB526,43,15 (d) A report furnished under this subsection shall indicate who prepared the report and shall be edited to exclude any personally identifiable information about any individual who furnished any information for the report and any individual about whom any information is reported, unless that individual consents to the disclosure of that personally identifiable information.

AB526,43,18 (e) Information furnished under this subsection may not be used as evidence in any civil or criminal proceeding against an individual who is the subject of the information.

AB526,43,22 (f) The department shall prescribe forms that are designed to obtain the specific information sought under this subsection. The department shall provide those forms to any person who is authorized to place a minor for adoption or who provides services relating to the placement of a minor for adoption.

AB526,44,2 (7) Interstate placement. An adoption in this state of a minor brought into this state from another state by a prospective adoptive parent or by a person who places the minor for adoption in this state is governed by the laws of this state, including this subchapter and ss. 48.988 and 48.989.

AB526,44,7 (8) Intercountry placement. An adoption in this state of a minor brought into this state from another country by a prospective adoptive parent or by a person who places the minor for adoption in this state is governed by this subchapter, subject to any convention or treaty on intercountry adoption that the United States has ratified and any federal law that is relevant to intercountry adoption.

AB526,44,15 48.83 Preplacement evaluation. (1) Preplacement evaluation required. (a) Except as provided in par. (b), only an individual for whom a current, favorable written preplacement evaluation has been prepared may accept physical custody of a minor for the purpose of adoption. A preplacement evaluation is current if it is prepared or revised within 12 months before the placement of a minor with the individual for adoption. A preplacement evaluation is favorable if it contains a finding that the individual is suited to be an adoptive parent, either in general or for a particular minor.

AB526,44,19 (b) A preplacement evaluation is not required if a parent or guardian places a minor directly with a relative of the minor for the purpose of adoption, but an evaluation of the relative is required during the pendency of the proceeding for adoption.

AB526,44,22 (2) Preplacement evaluator. (a) A preplacement evaluation may be prepared only by an individual certified by the department to make a preplacement evaluation.

AB526,45,2 (b) An agency from which an individual is seeking to adopt a minor may require the individual to be evaluated by a qualified employe or independent contractor of the agency, even if the individual has received a favorable preplacement evaluation from another qualified evaluator.

AB526,45,5 (3) Timing and content of preplacement evaluation. (a) An individual may request a preplacement evaluation without first having located a prospective minor adoptee and may request more than one preplacement evaluation.

AB526,45,8 (b) A preplacement evaluation shall be completed within 45 days after it is requested. An evaluator shall give priority to a preplacement evaluation requested by an individual who has located a prospective minor adoptee.

AB526,45,9 (c) A preplacement evaluation shall be based on all of the following:

AB526,45,11 1. A personal interview with, and visit to the residence of, the individual being evaluated.

AB526,45,13 2. Personal interviews with other persons who know the individual being evaluated and who may have information that is relevant to the evaluation.

AB526,45,14 3. The information required under par. (d).

AB526,45,16 (d) A preplacement evaluation shall contain all of the following information about the individual being evaluated:

AB526,45,18 1. Age and date of birth, nationality, racial or ethnic background and any religious affiliation.

AB526,45,21 2. Marital status and family history, including the age and location of any child of the individual and the identity and relationship to the individual of any other person living in the individual's household.

AB526,45,22 3. Physical and mental health and any history of alcohol or other drug abuse.

AB526,45,23 4. Educational and employment history and any special skills.

AB526,46,3 5. Property and income, including any outstanding financial obligations as indicated in a current credit report or financial statement furnished by the individual.

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.