AB526: Bill Text

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.

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.