AB526: Bill Text

AB526,110,8 4. Except as otherwise provided in s. 48.82, a person may not place or assist in placing a minor for adoption with an individual, other than a relative or stepparent, unless the person knows that the individual has a favorable preplacement evaluation.

AB526,110,13 (b) Any person who violates par. (a) 1., 2., 3. or 4. may be required to forfeit not more than $5,000 for the first offense and may be required to forfeit not more than $10,000 for any 2nd or later offense. The court may enjoin from committing any further violations any person who violates par. (a) 1., 2., 3. or 4. and shall inform any appropriate licensing authority or other official of the violation.

AB526,110,17 (2) Unlawful payments related to adoption. (a) Except as otherwise provided in subs. (3) and (4), a person may not pay or give, or offer to pay or give, to any other person, or request, receive or accept, any money or anything of value, directly or indirectly, for any of the following:

AB526,110,18 1. The placement of a minor for adoption.

AB526,110,19 2. The consent of a parent, guardian or agency to the adoption of a minor.

AB526,110,20 3. The relinquishment of a minor to an agency for the purpose of adoption.

AB526,110,23 (b) 1. Any person who knowingly violates par. (a) may be required to forfeit not more than $5,000 for the first offense and may be required to forfeit not more than $10,000 for any 2nd or later offense.

AB526,111,2 2. Any person who knowingly makes a false report to the court about a payment that is prohibited under par. (a) or authorized under sub. (3) or (4) may be required to forfeit not more than $5,000 for the first offense and may be required to forfeit not more than $10,000 for any 2nd or later offense.

AB526,111,7 3. Any parent or guardian who knowingly receives or accepts a payment authorized under sub. (3) or (4) with the intent not to consent to an adoption or to relinquish a minor for adoption may be required to forfeit not more than $5,000 for the first offense and may be required to forfeit not more than $10,000 for any 2nd or later offense.

AB526,111,10 (c) The court may enjoin from committing any further violations any person described in par. (b) 1., 2. or 3. and shall inform any appropriate licensing authority or other official of the violation.

AB526,111,14 (3) Lawful payments related to adoption. (a) Subject to the requirements of s. 48.92 (2) and (3) (a) 8. for an accounting and judicial approval of the fees and charges related to an adoption, an adoptive parent or a person acting on behalf of an adoptive parent may pay for any of the following:

AB526,111,15 1. The services of an agency in connection with an adoption.

AB526,111,16 2. Advertising and similar expenses incurred in locating a minor for adoption.

AB526,111,19 3. Medical, hospital, nursing, pharmaceutical, travel or other similar expenses incurred by a mother or her minor child in connection with the birth or any illness of the minor child.

AB526,111,21 4. Counseling services provided to a parent or a minor for a reasonable time before and after the minor's placement for adoption.

AB526,111,23 5. Living expenses of a mother for a reasonable time before the birth of her child and for no more than 6 weeks after the birth of the child.

AB526,111,25 6. Expenses incurred in ascertaining the information required under s. 48.82 (6).

AB526,112,4 7. Legal services, court costs, travel and other administrative expenses connected with an adoption, including any legal services performed for a parent who consents to the adoption of a minor or who relinquishes the minor to an agency for the purpose of adoption.

AB526,112,6 8. Expenses incurred in obtaining a preplacement evaluation and an evaluation during the proceeding for adoption.

AB526,112,7 9. Any other service that the court finds is reasonably necessary.

AB526,112,15 (b) A parent or a guardian, a person acting on behalf of a parent or guardian or a provider of a service listed in par. (a) may receive or accept a payment authorized under par. (a). The payment may not be made contingent on the placement of a minor for adoption, the relinquishment of a minor or the consent to the adoption of a minor. If the adoption is not completed, a person who is authorized to make a specific payment under par. (a) is not liable for that payment unless the person has agreed in a signed writing with a provider of a service to make the payment regardless of the outcome of the proceeding for adoption.

AB526,112,19 (4) Charges by agency. Subject to the requirements of s. 48.92 (2) and (3) (a) 8. for an accounting and judicial approval of the fees and charges related to an adoption, an agency may charge or accept a fee or other reasonable compensation from a prospective adoptive parent for any of the following:

AB526,112,22 (a) Medical, hospital, nursing, pharmaceutical, travel or other similar expenses incurred by a mother or her minor child in connection with the birth or any illness of the minor child.

AB526,112,25 (b) A percentage of the annual cost that the agency incurs in locating and providing counseling services for adoptees, parents and prospective adoptive parents.

AB526,113,2 (c) Living expenses of a mother for a reasonable time before the birth of her child and for no more than 6 weeks after the birth of the child.

AB526,113,4 (d) Expenses incurred in ascertaining the information required under s. 48.82 (6).

AB526,113,7 (e) Legal services, court costs, travel and other administrative expenses connected with an adoption, including any legal services performed for a parent who relinquishes a minor to the agency for purposes of adoption.

AB526,113,9 (f) Preparation of a preplacement evaluation and an evaluation during the proceeding for adoption.

AB526,113,10 (g) Any other service that the court finds is reasonably necessary.

AB526,113,18 (5) Failure to disclose information. (a) Any person, other than a parent who placed a minor for adoption, who has a duty to provide the nonidentifying information required under s. 48.82 (6) or the nonidentifying information authorized for release under s. 48.95 (3) and who intentionally refuses to provide that information may be required to forfeit not more than $5,000 for the first offense and may be required to forfeit not more than $10,000 for any 2nd or later offense. The court may enjoin the person from committing any further violations of the duty to furnish nonidentifying information.

AB526,113,22 (b) An employe or agent of an agency, the court or the state registrar of vital statistics who intentionally destroys any information or report compiled under s. 48.82 (6) or authorized for release under s. 48.95 may be fined $10,000 or imprisoned for not more than 9 months or both.

AB526,114,2 (c) In addition to the penalties provided in pars. (a) and (b), an adoptive parent, an adoptee or any person who is the subject of any information required under s. 48.82 (6) or authorized for release under s. 48.95 may maintain an action for damages or equitable relief against a person, other than a parent who placed a minor for adoption, who fails to perform the duties required under s. 48.82 (6) or 48.95.

AB526,114,6 (d) A prospective adoptive parent who knowingly fails to furnish information or who knowingly furnishes false information to an evaluator preparing an evaluation under s. 48.83 or 48.91 with the intent to deceive the evaluator may be fined $10,000 or imprisoned for not more than 9 months or both.

AB526,114,11 (e) An evaluator who prepares an evaluation under s. 48.83 or 48.91 and who knowingly omits or misrepresents any information about the individual being evaluated with the intent to deceive a person authorized under this subchapter to place a minor for adoption may be fined $10,000 or imprisoned for not more than 9 months or both.

AB526,114,14 (f) A parent of a minor who knowingly misidentifies the other parent with the intent to deceive the other parent, an agency or a prospective adoptive parent may be required to forfeit not more than $5,000.

AB526,114,18 (6) Unauthorized disclosure of information. (a) Except as authorized in this subchapter, a person who provides or retains a report or record under this subchapter may not disclose any identifying or nonidentifying information contained in the report or record.

AB526,114,23 (b) A person who knowingly gives or offers to give or who accepts or agrees to accept anything of value for an unauthorized disclosure of identifying information made confidential by this subchapter may be fined $10,000 or imprisoned for 9 months or both for the first offense and may be fined $10,000 or imprisoned for 2 years or both for any 2nd or later offense.

AB526,115,2 (c) A person who knowingly gives or offers to give or who accepts or agrees to accept anything of value for an unauthorized disclosure of nonidentifying information made confidential by this subchapter may be required to forfeit $5,000 for the first offense and may be required to forfeit $10,000 for any 2nd or later offense.

AB526,115,6 (d) A person who knowingly makes an unauthorized disclosure of identifying or nonidentifying information from a report or record made confidential by this subchapter may be required to forfeit $2,500 for the first offense and may be required to forfeit $5,000 for any 2nd or later offense.

AB526,115,10 (e) The court may enjoin from committing any further violations any person who makes or obtains an unauthorized disclosure of any identifying or nonidentifying information made confidential by this subchapter and shall inform any appropriate licensing authority or other official of the violation.

AB526,115,15 (f) In addition to the penalties provided in pars. (b) to (e), an individual who is the subject of any of the information contained in a report or record made confidential by this subchapter may maintain an action for damages or equitable relief against any person who makes or obtains, or who is likely to make or obtain, an unauthorized disclosure of that information.

AB526,115,18 (g) Identifying information contained in a report or record required by this subchapter to be kept confidential or sealed may not be disclosed under s. 19.35, 69.20, 69.21 or under any other law of this state.

AB526,115,23 48.97 Short title; uniformity of application and construction. This subchapter and ch. 882 may be cited as the "Uniform Adoption Act". This subchapter and ch. 882 shall be applied and construed to effectuate the general purpose of making uniform the law with respect to the subject of this subchapter and ch. 882 among the states enacting the Uniform Adoption Act.

AB526, s. 66 Section 66. Subchapter XX (title) of chapter 48 [precedes 48.973] of the statutes is repealed and recreated to read:

AB526,116,1 Chapter 48

AB526,116,3 Subchapter XX Miscellaneous provisions

AB526, s. 67 Section 67. 48.973 of the statutes is created to read:

AB526,116,10 48.973 Visitation rights of certain persons. (1) Upon petition by a relative who has maintained a relationship similar to a parent-child relationship with a child who has been adopted by a stepparent or relative, the court may grant reasonable visitation rights to that person if the petitioner has maintained such a relationship within 2 years prior to the filing of the petition, if the parents of the child, have notice of the hearing and if the court determines all of the following:

AB526,116,11 (a) That visitation is in the best interest of the child.

AB526,116,13 (b) That the petitioner will not undermine the parents' relationship with the child.

AB526,116,16 (c) That the petitioner will not act in a manner that is contrary to parenting decisions made by the child's parents that are related to the child's physical, emotional, educational or spiritual welfare.

AB526,116,18 (2) Whenever possible, in making a determination under sub. (1), the court shall consider the wishes of the adopted child.

AB526,116,20 (3) This section applies to every child in this state who has been adopted by a stepparent or relative regardless of the date of the adoption.

AB526,116,24 (4) Any person who interferes with visitation rights granted under sub. (1) may be proceeded against for contempt of court under ch. 785, except that a court may impose only the remedial sanctions specified in s. 785.04 (1) (a) and (c) against that person.

AB526, s. 68 Section 68. 48.976 of the statutes is created to read:

AB526,117,3 48.976 Foreign adoption fees. (1) In this section, "foreign adoption" means the adoption of a child, who is a citizen of a foreign country, in accordance with any of the types of adoption procedures specified under subchapter XIX.

AB526,117,6 (2) The department may charge a fee of not more than $75 to the adoptive parents for reviewing foreign adoption documents and for providing necessary certifications required by state and federal law.

AB526,117,9 (3) The department may also charge a fee of not more than $75 to the adoptive parents for the review and certification of adoption documents for adoptions that occur in a foreign country.

AB526, s. 69 Section 69. 48.979 of the statutes is created to read:

AB526,117,18 48.979 Appointment of guardian for child without a living parent for adoptability finding. (1) Type of guardianship. This section may be used for the appointment of a guardian of a child who does not have a living parent if a finding as to the adoptability of a child is sought. Except as provided in ss. 48.977 and 48.978, ch. 880 applies to the appointment of a guardian for a child who does not have a living parent for all other purposes. An appointment of a guardian of the estate of a child who does not have a living parent shall be conducted in accordance with the procedures specified in ch. 880.

AB526,117,21 (1m) Petition. Any of the following may file a petition for appointment of a guardian for a child who is believed to be in need of protection or services because he or she is without a living parent as described under s. 48.13 (1):

AB526,117,22 (a) The department.

AB526,117,23 (b) A county department.

AB526,117,24 (c) A child welfare agency licensed under s. 48.61 (5) to accept guardianship.

AB526,118,2 (d) A relative or family member of the child or a person whom the child has resided with and who has also acted as a parent of the child.

AB526,118,4 (e) A guardian appointed under ch. 880 whose resignation as guardian has been accepted by a court under s. 880.17 (1).

AB526,118,13 (2) Report. If the department, county department or child welfare agency files a petition, it shall submit a report to the court containing as much of the information specified under s. 48.425 (1) (a) and (am) as is reasonably ascertainable and, if applicable, the information specified under s. 48.425 (1) (g). If the petition is filed by a relative or other person specified under sub. (1m) (d), the court shall order the department or a child welfare agency, if the department or agency consents, or a county department to file a report containing the information specified in this subsection. The department, county department or child welfare agency shall file the report at least 5 days before the date of the fact-finding hearing on the petition.

AB526,118,18 (3) Fact-finding hearing. The court shall hold a fact-finding hearing on the petition, at which any party may present evidence relevant to the issue of whether the child has a living parent. If the court finds that the child has a living parent, the court shall dismiss the petition or grant the petitioner leave to amend the petition to a petition under s. 48.42 (1).

AB526,118,23 (4) Dispositional hearing. (a) If the court, at the conclusion of the fact-finding hearing, finds that the child has no living parent, the court shall proceed to a dispositional hearing. Any party may present evidence, including expert testimony, relevant to the issue of disposition. In determining the appropriate disposition, the court shall consider any factors under s. 48.426 (3) (a) to (d) that are applicable.

AB526,118,25 (b) If the court finds that adoption is in the child's best interest, the court shall order that the child be placed in the guardianship and custody of one of the following:

AB526,119,2 1. A county department authorized to accept guardianship under s. 48.57 (1) (e) or (hm).

AB526,119,3 2. A child welfare agency licensed under s. 48.61 (5) to accept guardianship.

AB526,119,4 3. The department.

AB526,119,9 (c) If the court finds that adoption is not in the child's best interest, the court shall order that the child be placed in the guardianship of the department and place the child in the custody of a county department or, in a county having a population of 500,000 or more, the department or an agency under contract with the department.

AB526,119,10 (d) Section 48.43 (5), (5m) and (7) applies to orders under pars. (b) and (c).

AB526,119,18 (e) The court shall order the custodian appointed under par. (b) or (c) to prepare a permanency plan under s. 48.38 for the child within 60 days after the date of the order. A permanency plan ordered under this paragraph is subject to review under s. 48.38 (5). In preparing a permanency plan, the department, county department or child welfare agency need not include any information specified in s. 48.38 (4) that relates to the child's parents or returning the child to his or her home. In reviewing a permanency plan, a court or panel need not make any determination under s. 48.38 (5) (c) that relates to the child's parents or returning the child to his or her home.

AB526, s. 70 Section 70. 48.9795 of the statutes is created to read:

AB526,120,9 48.9795 Transfer of guardianship upon revocation of guardian's license or contract. If the department revokes the license of a county department licensed under s. 48.57 (1) (hm) to accept guardianship, or of a child welfare agency licensed under s. 48.61 (5) to accept guardianship, or if the department terminates the contract of a county department licensed under s. 48.57 (1) to (e) to accept guardianship, the department shall file a motion in the court that appointed the guardian for each child in the guardianship of the county department or agency, requesting that the court transfer guardianship and custody of the child. The motion may specify a county department or child welfare agency that has consented to accept guardianship of the child. The court shall transfer guardianship and custody of the child either to the county department or child welfare agency specified in the motion or to another county department under s. 48.57 (1) (e) or (hm) or a child welfare agency under s. 48.61 (5) which consents to the transfer. If no county department or child welfare agency consents, the court shall transfer guardianship and custody of the child to the department.

AB526, s. 71 Section 71. 48.98 (4) (b) of the statutes is amended to read:

AB526,120,13 48.98 (4) (b) Section 48.839 48.82 (8) governs the placement of children who are not U.S. citizens and not under agency guardianship who are brought into this state from a foreign jurisdiction for the purpose of adoption.

AB526, s. 72 Section 72. 48.981 (7) (a) 13. of the statutes is amended to read:

AB526,120,17 48.981 (7) (a) 13. The department, a county department under s. 48.57 (1) (e) or (hm) or a licensed child welfare agency ordered to conduct a screening or an investigation an evaluation of a stepparent under s. 48.88 (2) (c) 48.94 (11).

AB526, s. 73 Section 73. 49.32 (1) (b) of the statutes is amended to read:

AB526,120,25 49.32 (1) (b) Any person receiving services provided or purchased under par. (a) or the spouse of the person and, in the case of a minor, the parents of the person, and, in the case of a foreign child described in s. 48.839 (1) 48.82 (8) who became dependent on public funds for his or her primary support before an order granting his or her adoption, the resident of this state appointed guardian of the child by a foreign court who brought the child into this state for the purpose of adoption, shall be liable for the services in the amount of the fee established under par. (a).

AB526, s. 74 Section 74. 51.30 (4) (b) 18. c. of the statutes is amended to read:

AB526,121,16 51.30 (4) (b) 18. c. If the patient, regardless of age, has a guardian appointed under s. 880.33, or if the patient is a minor with developmental disability who has a parent or has a guardian appointed under s. 48.831 48.979 and does not have a guardian appointed under s. 880.33, information concerning the patient that is obtainable by staff members of the agency or nonprofit corporation with which the agency has contracted is limited, except as provided in subd. 18. e., to the nature of an alleged rights violation, if any; the name, birth date and county of residence of the patient; information regarding whether the patient was voluntarily admitted, involuntarily committed or protectively placed and the date and place of admission, placement or commitment; and the name, address and telephone number of the guardian of the patient and the date and place of the guardian's appointment or, if the patient is a minor with developmental disability who has a parent or has a guardian appointed under s. 48.831 48.979 and does not have a guardian appointed under s. 880.33, the name, address and telephone number of the parent or guardian appointed under s. 48.831 48.979 of the patient.

AB526, s. 75 Section 75. 69.14 (3) (c) of the statutes is amended to read:

AB526,121,25 69.14 (3) (c) If at any time after a birth certificate is filed for a registrant under this subsection a birth certificate filed for the registrant at the time of birth of the registrant is found or the registrant is adopted and the adoptive parents sign a birth record giving their names as the adoptive parents, the state registrar shall impound the birth certificate filed under this subsection and prohibit access to the birth certificate for 99 years after the date of birth of the registrant except by court order or except by the state registrar for processing purposes or except when authorized under s. 48.432, 48.433 or 48.95 (7).

AB526, s. 76 Section 76. 69.15 (2) (a) (intro.) of the statutes is amended to read: