AB526: Bill Text

2. No person may challenge the decree on the ground that another person failed to comply with an agreement for visitation with the child.

3. No person may challenge the decree more than six months after it is entered. If a person challenges a decree, the person must show by clear and convincing evidence that the decree is not in the best interest of the child.

Within 30 days after a decree of adoption becomes final, the clerk of the juvenile court must send to the state registrar a report of the adoption containing the information necessary to issue a new birth certificate. The state registrar must issue a new birth certificate for a child born in this state, unless the juvenile court orders, or the adoptive parents or child, if 12 years of age or over, request, that a new birth certificate not be issued. If the state registrar issues a new birth certificate, the state registrar must seal the original birth certificate for 99 years after the child's date of birth.

Confidentiality of records

Under the bill, all records pertaining to an adoption, whether in the possession of the juvenile court, an agency, the state registrar, an attorney or another provider of professional services, are confidential and may not be disclosed, except by order of the juvenile court or as otherwise provided in the bill.

The bill requires the juvenile court or an agency to disclose nonidentifying information about an adoptee, the adoptee's former parents and the adoptee's genetic history to the parent or guardian of an adoptee under 18 years of age, the adoptee, if 18 years of age or over, an emancipated adoptee, the direct descendant of a deceased adoptee, if 18 years of age or over, or the parent or guardian of a direct descendant of a deceased adoptee, if the direct descendant is under 18 years of age.

If the juvenile court receives a statement from a physician explaining how a health condition may seriously affect the health of an adoptee or a direct descendant of an adoptee, the juvenile court must make a diligent effort to notify the adoptee, if 18 years of age or over, the parent or guardian of the adoptee, if the adoptee is under 18 years of age or a direct descendant of a deceased adoptee that nonidentifying information about the health condition may be requested from the juvenile court. Similarly, if the juvenile court receives a statement from a physician explaining why a serious health condition of an adoptee or a direct descendant of an adoptee should be communicated to the adoptee's genetic parent or sibling to enable them to make an informed reproductive decision, the juvenile court must make a diligent effort to notify the genetic parent or sibling that nonidentifying information about the health condition may be requested from the juvenile court.

If the state registrar receives a request for additional information about an adoptee, the state registrar must refer the requester to the court or agency that has the records about the adoptee. If no court or agency has the information, the state registrar must, on request, conduct a search for the birth parent to obtain the information as under current law.

The bill requires the state registrar to disclose identifying information about an adoptee's former parent to the adoptee, if 18 years of age or over, the adoptee's parent or guardian, if the adoptee is under 18 years of age, a direct descendant of a deceased adoptee, if 18 years of age or over, or the parent or guardian of a direct descendant of a deceased adoptee, if the direct descendant is under 18 years of age, on request unless the former parent or an adult descendant of a deceased or incompetent former parent has prohibited that disclosure.

The bill also requires the state registrar to disclose identifying information about an adoptee or a direct descendant of a deceased adoptee to the adoptee's former parent on request if the adoptee, or direct descendant has attained 18 years of age.

In addition, the bill requires the state registrar to disclose identifying information about an adult sibling of an adoptee who is 18 years of age or over if the sibling is also an adoptee. In disclosing information about an adult sibling, the state registrar may not also disclose information about the adoptee's former parent if the former parent has prohibited that disclosure.

The state registrar must also disclose the original birth certificate of an adoptee to the adoptee, if 18 years of age or over, the parent or guardian of an adoptee, if under 18 years of age, a direct descendant of a deceased adoptee, if 18 years of age or over, or the parent or guardian of a direct descendant of a deceased adoptee, if the direct descendent is under 18 years of age, unless any individual named as a parent on the birth certificate has prohibited that disclosure. Ninety-nine years after an adoptee's birth, however, the adoptee's original birth certificate is unsealed and may be disclosed in the same manner as any public record.

A person who is eligible to obtain information about an adoption may petition the juvenile court to obtain information not otherwise available under the bill. In determining whether to grant the petition, the juvenile court must make specific findings as to why the petitioner is seeking the information, if the petitioner is an adoptee under 18 years of age or the parent or guardian of an adoptee under 18 years of age, whether the subject of the information has requested that the information not be disclosed, whether the subject of the information is alive, whether the petitioner's request can be satisfied without disclosing the information and the likely effect on the adoptee and his or her original and adoptive families of disclosing the information. The juvenile court may order the information to be disclosed if the juvenile court determines that good cause exists for disclosing the information, that there is a compelling reason for disclosing the information and that the benefit of disclosing the information is greater than the harm.

Prohibited and permissible activities

The bill prohibits certain activities in connection with an adoption. Under the bill:

1. No person, other than a parent, a guardian, an agency, or a person providing adoption information exchange services or adoption information, may place a child for adoption or advertise that a child is available for adoption.

2. No person, other than an individual with a favorable preplacement evaluation or an agency, may advertise that the person is willing to accept a child for adoption.

3. No person, other than a person with a favorable preplacement evaluation or a waiver of that requirement, a relative or a stepparent, may obtain custody of a child for the purposes of adoption.

4. No person may place a child for adoption with a person, other than a stepparent or relative, unless the person has a favorable preplacement evaluation or a waiver of that requirement.

The bill prohibits certain payments in connection with an adoption. Under the bill, no person may pay, give or offer to pay or give, and no person may request, receive or accept, money or anything of value for the placement of a child for adoption, a consent to an adoption or a relinquishment for the purposes of adoption. The bill also prohibits a parent from receiving any payment, even a lawful payment, with the intent not to consent to an adoption or to relinquish his or her child for adoption.

The bill expressly permits an adoptive parent to make certain payments in connection with an adoption. Those payments include payments for the services of an agency, advertising to locate a child for adoption, medical and other expenses incurred in connection with the birth or any illness of the child, counseling for the birth parent and child, the mother's living expenses for a reasonable time before the birth of the child and for no more than six weeks after the child's birth, expenses incurred in obtaining background information about the child, legal fees, court costs, travel and other administrative expenses, expenses incurred in obtaining evaluations of the adoptive parent and any other services that the juvenile court finds are reasonably necessary. The payment of those expenses may not be made contingent on placement of the child for adoption, relinquishment of the child for adoption or consent to the adoption. If the adoption is not finalized, a person who is authorized to make a payment is not liable for that payment unless the person has agreed to make the payment regardless of the outcome of the adoption proceeding.

Similarly, the bill expressly permits an agency to charge a prospective adoptive parent for the cost of certain services rendered in connection with an adoption. Those costs include the cost of medical and other expenses incurred in connection with the child's birth, counseling, the mother's living expenses, expenses incurred in obtaining background information about the child, legal fees and other administrative expenses and expenses incurred in obtaining evaluations of the adoptive parent.

The bill also provides penalties for certain violations committed in connection with an adoption. Under the bill, the following persons are subject to penalties:

1. A person, other than a parent, who has a duty to disclose background information about a child and who intentionally fails to disclose that information.

2. An employe of an agency, the juvenile court or the state registrar who intentionally destroys background information about a child.

3. A prospective adoptive parent who knowingly fails to furnish information or who knowingly furnishes false information to an evaluator.

4. An evaluator who knowingly prepares a false evaluation.

5. A parent who knowingly misidentifies the other parent.

6. A person who knowingly makes an unauthorized disclosure of confidential information, whether identifying or nonidentifying, or who gives or offers to give, or who accepts or agrees to accept, anything of value for that disclosure.

Stepparent and adult adoptions

Finally, the bill makes special provisions for stepparent and adult adoptions.

In general, the procedures of a stepparent adoption are similar to those of a stranger adoption, except that certain procedures are relaxed for a stepparent adoption. For example, a preplacement evaluation is not required for a stepparent adoption and the juvenile court may, but is not required to, order a postpetition evaluation of a stepparent. The legal consequences of a stepparent adoption differ from those of a stranger adoption in that a stepparent adoption does not terminate the relationship between the child and the parent who is the stepparent's spouse, an existing visitation order for a relative of the stepparent's spouse survives the adoption decree, the juvenile court may approve an existing visitation agreement for the former parent or a grandparent through the former parent and the stepchild continues to have the right of inheritance or intestate succession from or through the former parent.

The bill permits an adult to adopt another adult in order to create a parent-child relationship. An adult may not, however, adopt his or her spouse and, if the adult adoptee is incompetent, the procedures for the adoption of a child must be followed. Because an adult may consent to his or her own adoption, notices to, and the consent of, the adoptee's parents are not required. Instead, the consent only of the adoptee, the prospective adoptive parent and the parent's spouse is required.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB526, s. 1 Section 1. 20.435 (3) (jj) of the statutes is amended to read:

AB526,16,6 20.435 (3) (jj) Searches for birth parents and adoption record information; foreign adoptions. The amounts in the schedule for paying the cost of searches for birth parents under ss. 48.432 (4) and 48.433 (6) and for paying the costs of reviewing, certifying and approving and certifying foreign adoption documents under s. 48.838 48.976 (2) and (3). All moneys received as fees paid by persons requesting a search under s. 48.432 (3) (c) or (4), or 48.433 (6) or 48.93 (1r) requesting information under s. 48.95 and paid by persons for the review, and certification and approval of foreign adoption documents under s. 48.838 48.976 (2) and (3) shall be credited to this appropriation.

AB526, s. 2 Section 2. 46.03 (18) (am) of the statutes is amended to read:

AB526,16,10 46.03 (18) (am) Paragraph (a) does not prevent the department from charging and collecting the cost of adoptive placement investigations and child care as authorized under s. 48.837 (7) 48.96 (3) (a) 8.

AB526, s. 3 Section 3. 46.03 (18) (b) of the statutes is amended to read:

AB526,16,21 46.03 (18) (b) Except as provided in s. 46.10 (14) (b) and (c), 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). If a minor receives services without consent of a parent or guardian under s. 51.47, the department shall base the fee solely on the minor's ability to pay.

AB526, s. 4 Section 4. 46.10 (2) of the statutes is amended to read:

AB526,17,24 46.10 (2) Except as provided in subs. (2m) and (14) (b) and (c), any person, including but not limited to a person admitted, committed or placed under s. 975.01, 1977 stats., s. 975.02, 1977 stats., and s. 975.17, 1977 stats., and ss. 51.10, 51.13, 51.15, 51.20, 51.35 (3), 51.37 (5), 51.45 (10), (11), (12) and (13), 55.05, 55.06, 971.14 (2) and (5), 971.17 (1), 975.06 and 980.06, receiving care, maintenance, services and supplies provided by any institution in this state including University of Wisconsin Hospitals and Clinics, in which the state is chargeable with all or part of the person's care, maintenance, services and supplies, any person receiving care and services from a county department established under s. 51.42 or 51.437 or from a facility established under s. 49.73, and any person receiving treatment and services from a public or private agency under s. 971.17 (3) (d) or (4) (e), 980.06 (2) (c) or 980.08 (5) and the person's property and estate, including the homestead, and the spouse of the person, and the spouse's property and estate, including the homestead, and, in the case of a minor child, the parents of the person, and their property and estates, including their homestead, 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, and his or her property and estate, including his or her homestead, shall be liable for the cost of the care, maintenance, services and supplies in accordance with the fee schedule established by the department under s. 46.03 (18). If a spouse, widow or minor, or an incapacitated person may be lawfully dependent upon the property for their support, the court shall release all or such part of the property and estate from the charges that may be necessary to provide for those persons. The department shall make every reasonable effort to notify the liable persons as soon as possible after the beginning of the maintenance, but the notice or the receipt thereof is not a condition of liability.

AB526, s. 5 Section 5. 46.215 (1) (h) of the statutes is amended to read:

AB526,18,5 46.215 (1) (h) To administer juvenile welfare services under s. 938.57; and, if contracted to do so by the department, to accept custody and guardianship of children upon the order of a competent court, and to place children for adoption and to make recommendations relating to the adoption of children under s. 48.85 under s. 48.82 (3).

AB526, s. 6 Section 6. 46.215 (1) (i) of the statutes is amended to read:

AB526,18,9 46.215 (1) (i) To make such investigations as the evaluations that are provided for in s. 48.88 (2) (a) and (c), if contracted to do so by the department and if the court having jurisdiction so directs ss. 48.83, 48.91 and 48.94 (11).

AB526, s. 7 Section 7. 46.22 (1) (c) 4. of the statutes is amended to read:

AB526,18,13 46.22 (1) (c) 4. Make investigations which the evaluations that are provided for under s. 48.88 (2) (a) and (c), if the court having jurisdiction so directs ss. 48.83, 48.91 and 48.94 (11).

AB526, s. 8 Section 8. 48.025 (2) of the statutes is amended to read:

AB526,18,20 48.025 (2) The declaration provided in sub. (1) may be filed at any time except after a termination of the father's rights under subch. VIII or s. 48.90. The declaration shall be in writing, signed by the person filing the declaration and shall contain the person's name and address, the name and last-known address of the mother, the month and year of the birth or expected birth of the child and a statement that he has reason to believe that he may be the father of the child.

AB526, s. 9 Section 9. 48.14 (1) of the statutes is amended to read:

AB526,18,23 48.14 (1) The termination of parental rights to a minor in accordance with subch. VIII or s. 48.90.

AB526, s. 10 Section 10. 48.14 (2) (b) of the statutes is amended to read:

AB526,19,4 48.14 (2) (b) The appointment and removal of a guardian of the person for a child under ss. 48.427, 48.428, 48.43, 48.831, 48.832, 48.839 (4) (a), 48.977 and, 48.978, 48.979 and 48.9795 and ch. 880 and for a child found to be in need of protection or services under s. 48.13 because the child is without parent or guardian.

AB526, s. 11 Section 11. 48.23 (2) of the statutes is amended to read:

AB526,19,15 48.23 (2) Right of parents to counsel. Whenever a child is the subject of a proceeding involving a contested adoption or the involuntary termination of parental rights or a contested adoption, any parent under 18 years of age who appears before the court shall be represented by counsel; but no such parent may waive counsel. A minor parent petitioning for the voluntary termination of parental rights shall be represented by a guardian ad litem. If a proceeding involves a contested adoption or the involuntary termination of parental rights or a contested adoption, any parent 18 years old or older who appears before the court shall be represented by counsel; but the parent may waive counsel provided the court is satisfied such waiver is knowingly and voluntarily made.

AB526, s. 12 Section 12. 48.23 (4) of the statutes is amended to read:

AB526,20,14 48.23 (4) Providing counsel. In any situation under this section in which a person child or a parent under 18 years of age has a right to be represented by counsel or is provided counsel at the discretion of the court and counsel is not knowingly and voluntarily waived, the court shall refer the person to the state public defender and counsel shall be appointed by the state public defender under s. 977.08 without a determination of indigency. If the referral is of a person who has filed a petition under s. 48.375 (7), the state public defender shall appoint counsel within 24 hours after that referral. Any counsel appointed in a petition filed under s. 48.375 (7) shall continue to represent the child in any appeal brought under s. 809.105 unless the child requests substitution of counsel or extenuating circumstances make it impossible for counsel to continue to represent the child. In any situation under sub. (2) or (2m) in which a parent 18 years of age or over or an adult expectant mother is entitled to representation by counsel; counsel is not knowingly and voluntarily waived; and it appears that the parent or adult expectant mother is unable to afford counsel in full, or the parent or adult expectant mother so indicates; the court shall refer the parent or adult expectant mother to the authority for indigency determinations specified under s. 977.07 (1). In any other situation under this section in which a person has a right to be represented by counsel or is provided counsel at the discretion of the court, competent and independent counsel shall be provided and reimbursed in any manner suitable to the court regardless of the person's ability to pay, except that the court may not order a person who files a petition under s. 813.122 or 813.125 to reimburse counsel for the child who is named as the respondent in that petition.

AB526, s. 13 Section 13. 48.235 (1) (b) of the statutes is repealed.

AB526, s. 14 Section 14. 48.235 (1) (c) of the statutes is amended to read:

AB526,20,22 48.235 (1) (c) The court shall appoint a guardian ad litem for any child who is the subject of a proceeding to terminate parental rights, whether voluntary or involuntary, for a child who is the subject of a contested adoption proceeding and for a child who is the subject of a proceeding under s. 48.977 or 48.978. The court may appoint a guardian ad litem for a child who is the subject of an uncontested adoption proceeding.

AB526, s. 15 Section 15. 48.235 (5) of the statutes is repealed.

AB526, s. 16 Section 16. 48.235 (8) (c) of the statutes is amended to read:

AB526,21,4 48.235 (8) (c) 1. In an uncontested termination of parental rights and adoption proceeding under s. 48.833 in which an agency placed the child for adoption, the court shall order the agency that placed the child for adoption to pay the compensation of the child's guardian ad litem.

AB526,21,11 2. In an uncontested termination of parental rights and adoption proceeding under s. 48.835 or 48.837 in which the child's parent or guardian placed the child for adoption, the court shall order the proposed adoptive parents to pay the compensation of the child's guardian ad litem. If the proposed adoptive parents are indigent, the court may order the county of venue to pay the compensation, in whole or in part, and may order the proposed adoptive parents to reimburse the county, in whole or in part, for the payment.

AB526, s. 17 Section 17. 48.31 (1) of the statutes is amended to read:

AB526,21,15 48.31 (1) In this section, "fact-finding hearing" means a hearing to determine if the allegations in a petition under s. 48.13 or 48.133 or a petition to terminate parental rights under subch. VIII are proved by clear and convincing evidence.

AB526, s. 18 Section 18. 48.36 (1) (a) of the statutes is amended to read:

AB526,22,5 48.36 (1) (a) If legal custody is transferred from the parent or guardian or the court otherwise designates an alternative placement for the child by a disposition made under s. 48.345 or by a change in placement under s. 48.357, the duty of the parent or guardian or, in the case of a transfer of guardianship and custody under s. 48.839 (4) of a foreign child brought into this country for the purpose of adoption, the duty of the former guardian person who brought the child into this country for the purpose of adoption to provide support shall continue even though the legal custodian or the placement designee may provide the support. A copy of the order transferring custody or designating alternative placement for the child shall be submitted to the agency or person receiving custody or placement and the agency or person may apply to the court for an order to compel the parent or guardian to provide the support. Support payments for residential services, when purchased or otherwise funded or provided by the department or a county department under s. 46.22, 46.23, 51.42 or 51.437, shall be determined under s. 46.10 (14).

AB526, s. 19 Section 19. 48.368 (1) of the statutes is amended to read:

AB526,22,12 48.368 (1) If a petition for termination of parental rights is filed under s. 48.41 or, 48.415 or 48.90 or an appeal from a judgment terminating or denying termination of parental rights is filed during the year in which a dispositional order under s. 48.355 or an extension order under s. 48.365 is in effect, the dispositional or extension order shall remain in effect until all proceedings related to the filing of the petition or an appeal are concluded.

AB526, s. 20 Section 20. 48.371 (3) (intro.) of the statutes is amended to read:

AB526,22,25 48.371 (3) (intro.) At the time of placement of a child in a foster home, treatment foster home, group home or child caring institution or, if the information is not available at that time, as soon as possible after the date on which the court report or permanency plan has been submitted, but no later than 7 days after that date, the agency, as defined in s. 48.38 (1) (a), responsible for preparing the child's permanency plan shall provide to the foster parent, treatment foster parent or operator of the group home or child caring institution information contained in the court report submitted under s. 48.33 (1), 48.365 (2g), 48.425 (1), 48.831 (2) or 48.837 (4) (c) or 48.979 (2) or permanency plan submitted under s. 48.355 (2e), 48.38, 48.43 (1) (c) or (5) (c), 48.63 (4) or 48.831 48.979 (4) (e) relating to findings or opinions of the court or agency that prepared the court report or permanency plan relating to any of the following:

AB526, s. 21 Section 21. 48.38 (4) (d) 3. of the statutes is amended to read:

AB526,23,3 48.38 (4) (d) 3. That the placement is made to facilitate the anticipated adoptive placement of the child under s. 48.833 or 48.837 48.82.

AB526, s. 22 Section 22. 48.40 (2) of the statutes is amended to read:

AB526,23,7 48.40 (2) "Termination of parental rights" means that, pursuant to a court order under this subchapter, all rights, powers, privileges, immunities, duties and obligations existing between parent and child are permanently severed.

AB526, s. 23 Section 23. 48.41 (2) (d) of the statutes is repealed.

AB526, s. 24 Section 24. 48.42 (1) (intro.) of the statutes is amended to read:

AB526,23,14 48.42 (1) Petition. (intro.) A proceeding for the termination of parental rights shall be initiated by petition which may be filed by the child's parent, an agency or a person authorized to file a petition under s. 48.25 or 48.835. The petition shall be entitled "In the interest of .......... (child's name), a person under the age of 18" and shall set forth with specificity:

AB526, s. 25 Section 25. 48.42 (2) (a) of the statutes is amended to read:

AB526,23,19 48.42 (2) (a) The parent or parents of the child, unless the child's parent has waived the right to notice under s. 48.41 (2) (d) 48.85 (6) (e), 48.89 (5) (b) or 48.94 (6) (c) or (7) (a), notice has been dispensed with under s. 48.89 (4) (d) or notice is not required under s. 48.89 (1) (a) 3.

AB526, s. 26 Section 26. 48.422 (7) (bm) of the statutes is amended to read:

AB526,24,22 48.422 (7) (bm) Establish whether a proposed adoptive parent of the child has been identified. If a proposed adoptive parent of the child has been identified and the proposed adoptive parent is not a relative of the child, the court shall order the petitioner persons specified in s. 48.92 (2) (a) to (e) to submit a report to the court containing the information specified in s. 48.913 (7) the documents specified in s. 48.92 (2) (a) to (e). The court shall review the report those documents to determine whether any payments or agreement to make payments set forth in the report are coercive to the birth parent of the child or to an alleged to presumed father of the child or are impermissible under s. 48.913 (4). Making any payment to or on behalf of the birth parent of the child, an alleged or presumed father of the child or the child conditional in any part upon transfer or surrender of the child or the termination of parental rights or the finalization of the adoption creates a rebuttable presumption of coercion. Upon a finding of coercion, the court shall dismiss the petition or amend the agreement to delete any coercive conditions, if the parties agree to the amendment. Upon a finding that payments which are impermissible under s. 48.913 (4) have been made, the court may dismiss the petition and may refer the matter to the district attorney for prosecution under s. 948.24 (1). This paragraph does not apply if the petition was filed with a petition for adoptive placement under s. 48.837 (2) documents is not authorized under s. 48.96 or is unreasonable or unnecessary when compared with the expenses customarily incurred in connection with an adoption and shall deny, modify or order reimbursement of any payment that is not authorized under s. 48.96 or that is unreasonable or unnecessary when compared with the expenses customarily incurred in connection with an adoption. Notwithstanding a finding that an unreasonable, unnecessary or unauthorized payment has been made or agreed to be made, the court shall accept the admission, if the conditions specified in pars. (a), (b) and (c) have been met, and shall report any unauthorized payment to the appropriate authorities.

AB526, s. 27 Section 27. 48.428 (1) of the statutes is amended to read:

AB526,25,2 48.428 (1) A court may place a child in sustaining care if the court has terminated the parental rights of the parent or parents of the child or has appointed a guardian for the child under s. 48.831 48.979 and the court finds that the child is unlikely to be adopted or that adoption is not in the best interest of the child.

AB526, s. 28 Section 28. 48.432 (3) (a) 1m. of the statutes is created to read: