Finally, current law expressly prohibits or permits certain activities in
connection with an adoption. Specifically, no person, other than an agency, a parent
seeking to place his or her own child for adoption, an individual who has received a
favorable recommendation regarding his or her fitness to be an adoptive parent or
a person providing adoption information exchange services or adoption information,
may advertise for the purpose of finding a child to adopt or advertise that the person
will find an adoptive home, arrange for or assist in an adoption or adoptive placement
or place a child for adoption. Current law also permits certain payments in
connection with an adoption and prohibits all other payments. Payments permitted
under current law include payments for services provided by a child welfare agency,
medical and hospital care received by the birth mother in connection with the
pregnancy or birth of the child or received by the child, counseling for the birth
parents, living expenses of the birth mother not to exceed $1,000, investigation of the
proposed adoptive placement, legal and other services received by a birth parent or
the child, maternity clothes, local transportation of a birth parent that is related to
the pregnancy or adoption, foster care for the child pending his or her adoptive
placement, birthing classes and a gift for the birth mother not to exceed $50 in value.
If the juvenile court finds that an impermissible payment has been made, the
juvenile court may dismiss the petition for adoption and refer the matter to the
district attorney for prosecution.
The bill
Placement
The bill permits a parent having legal and physical custody of a child, a
guardian or agency authorized by the juvenile court or an agency to which a child has
been relinquished by his or her parent, that is, the parent has voluntarily
surrendered his or her rights to the child to the agency for purposes of adoption, to
place a child for adoption. A child may be placed for adoption, however, only with a
prospective adoptive parent for whom a favorable preplacement evaluation has been
prepared by a person certified by DHFS to prepare evaluations, except that a
preplacement evaluation is not required for the placement of a child with a relative.
In those cases, the prospective adoptive parent must be evaluated during the
pendency of the adoption proceeding. The preplacement evaluation must be based
on a personal interview and home visit with the prospective adoptive parent and on
interviews with persons who know the prospective adoptive parent and must contain
information as to the age, nationality, religion, marital and family history, physical
and mental health, education and employment history, property and income and
criminal, child abuse or neglect and domestic abuse history of the proposed adoptive
parent. The evaluator must assess this information to determine whether placement
of the child, or any child, in the home of the prospective adoptive parent would pose
a significant risk of harm to the physical or psychological well-being of the child. The
bill requires an agency placing a child for adoption to place the child with a
prospective adoptive parent selected by the child's parent or guardian, if the agency
has agreed to do so, or, if the agency has not so agreed, to place the child in accordance
with the best interest of the child. In determining the best interest of the child, the
agency must consider certain individuals in the following order of preference:
1. An individual who has previously adopted a sibling of the child.
2. An individual with characteristics selected by the birth parent.
3. An individual who has had prior physical custody of the child.
4. A relative of the child.
An agency may not delay or deny a placement based on the race, national origin
or ethnic background of the child and must place siblings together, if practicable and
in their best interest. A person placing a child for adoption must disclose to the
prospective adoptive parents background information about the child and the child's
natural parents, including their medical, social and psychological histories and any
history of convictions or delinquency adjudications.
The bill also permits a health care facility to release a child to an individual or
agency if the child's mother authorizes the release. A copy of the authorization must
be sent to DHFS within 72 hours after the child is released and the person to whom
the child is released must, within 30 days after the release, report to DHFS on the
disposition of the child, that is, whether a petition for adoption has been filed,
whether an agency has acquired custody of the child, whether the child has been
returned to his or her parent or whether the child has been transferred to another
individual. If DHFS does not receive the report within 45 days after the release,
DHFS must investigate to determine the child's whereabouts. If the person to whom
the child is released does not take action with respect to the adoption of the child,
DHFS must immediately remove the child from that person's physical custody.
Consent or relinquishment
Subject to certain exceptions, the juvenile court may grant a petition for
adoption when a parent or guardian has placed the child for adoption without agency
involvement only if one of the following persons has consented to the adoption:
1. The birth mother and one of the following:
a. A man who was married to the birth mother if the child was born during or
within 300 days after the end of the marriage.
b. A man who attempted to marry the mother, but the marriage is or could be
declared invalid, if the child was born during or within 300 days after the end of the
attempted marriage.
c. A man who has been judicially determined to be the father of the child or who
has signed a statement acknowledging his paternity and who has supported and
visited or communicated with the child or who has married or attempted to marry
the child's mother after the child's birth, but before the placement.
d. A man who has received the child into his home and openly held out the child
as his own.
2. The child's guardian, if authorized by the juvenile court to consent to the
child's adoption.
3. The child's current adoptive parents.
When an agency has placed the child for adoption, the juvenile court may grant
a petition for adoption only if the agency and any parent who has not relinquished
the child to the agency consents to the adoption. Generally, the child must also
consent to the adoption, if 12 years of age or over.
Under the bill, the consent of various persons is not required. Those persons
include an individual who has relinquished the child to an agency, an individual
whose parental rights to the child have been terminated or determined not to exist,
an incompetent parent, a man who has not been married to the mother and who
denies his paternity or disclaims his interest in the child, the personal representative
of a deceased parent's estate and a parent who fails to appear or answer in a TPR or
adoption proceeding. The bill also permits the juvenile court to dispense with the
consent of a guardian or agency if the juvenile court finds that consent is being
withheld contrary to the best interest of the child and to dispense with the consent
of a child 12 years of age or over if the juvenile court finds that it is not in the best
interest of the child to require that consent.
A parent may consent to the adoption of his or her child or relinquish the child
to an agency for adoption at any time after the child is born. Before executing a
consent or relinquishment, the parent must have been informed of the meaning and
consequences of adoption, the availability of counseling and legal counsel and the
procedure for prohibiting the release of background information about and the
identity of the parent. The parent must also have been informed that indentifying
information about the parent will be made available, on request, to the adoptee on
attaining 18 years of age, to the adoptive parent or guardian of the adoptee before
the adoptee attains 18 years of age or, if the adoptee is deceased, to a direct
descendant of the adoptee who has attained 18 years of age or to the parent or
guardian of a direct descendent under 18 years of age unless the parent prohibits the
disclosure of that information. The parent must execute the consent or
relinquishment in the presence of a judge, an individual designated by a judge, an
employe designated by an agency to take consents, an attorney, a military officer or
a foreign service officer. The person in whose presence the consent or relinquishment
is executed must certify that the parent understood the consent or relinquishment,
signed it voluntarily, was furnished the required information, was offered counseling
and legal counsel and was informed of his or her obligation to provide background
information about the child's medical, social and psychological history. The consent
or relinquishment must contain instructions on how to revoke or set aside the
consent or relinquishment and may provide for its revocation if another consent or
relinquishment is not executed within a specified time, if the parental rights of
another individual are not terminated or if the petition for adoption is denied or
withdrawn. The consent or relinquishment must also state all of the following:
1. That the parent voluntarily and unequivocally consents to the transfer of
custody of the child to the prospective adoptive parent or agency for purposes of
adoption.
2. That the parent understands that the consent or relinquishment is final and,
except under limited circumstances, may not be revoked or set aside.
3. That the parent understands that the adoption will terminate his or her
parental rights and obligations to the child, other than the payment of child support
arrears.
4. That the parent has received or been offered a copy of the consent or
relinquishment, counseling, legal counsel and information about the meaning and
consequences of adoption.
5. That the parent has not received or been offered money or anything of value
for the consent or relinquishment, except as authorized by law.
6. That the parent has had an opportunity to sign a document stating whether
and under what circumstances identifying information about the parent may be
disclosed; and has been advised of the obligation to provide background information
about the child's history.
7. That the parent believes that adoption is in the best interest of the child.
8. That the parent waives notice of the proceeding for adoption.
A consent entitles the prospective adoptive parent to custody of the child and
imposes on him or her the duty to support the child. A relinquishment entitles the
agency to custody of the child and empowers the agency to place the child for
adoption, consent to the child's adoption and delegate the duty to support the child
to the prospective adoptive parents. Both a consent and a relinquishment terminate
any duty that the parent had to the child, except to pay child support arrears, and
terminate the right of the parent to object to the adoption and to receive notice of the
adoption proceeding.
A consent or relinquishment may be revoked if the parent notifies the
prospective adoptive parent or agency within 192 hours (eight days) after the birth
of the child or complies with any other instructions for revocation specified in the
consent or relinquishment or if the parent and prospective adoptive parent agree to
the revocation. The juvenile court must set aside a consent or relinquishment if the
parent proves by clear and convincing evidence that the consent or relinquishment
was obtained by fraud or duress or proves by a preponderance of the evidence that
a condition permitting revocation, as provided for in the consent or relinquishment,
has occurred. A consent may also be set aside if the parent proves by a preponderance
of the evidence that a petition for adoption has not been filed within 30 days after the
placement. If the consent or relinquishment of a parent who had custody of the minor
when the consent or relinquishment was executed is set aside on the grounds of fraud
or duress or revoked, the juvenile court must dismiss the adoption proceeding and
return the child to the parent. If the consent or relinquishment of a parent who had
custody of the minor when the consent or relinquishment was executed is set aside
because a condition permitting revocation, as provided for in the consent or
relinquishment, has occurred or because a petition has not been filed within 30 days
after the placement, the juvenile court must dismiss any petition that may be
pending and return the child to the parent, unless returning the child would be
detrimental to the child. If the consent or relinquishment of a parent who did not
have custody of the child when the consent or relinquishment was executed is set
aside, the juvenile court must dismiss any petition that may be pending and issue
an order for the care and custody of the child according to the best interest of the
child.
Juvenile court procedures
The bill specifies the procedures that the juvenile court must follow in
processing a petition for adoption.
A juvenile court in this state has jurisdiction over a proceeding for adoption if
the child has lived in this state for six consecutive months immediately before the
commencement of the proceeding or, if the child is less than six months of age, from
soon after birth; the prospective adoptive parent has lived in this state for six
consecutive months immediately before the commencement of the proceeding, the
agency that placed the child is located in this state and the child and his or her
parent, or the child and prospective adoptive parent, have a significant connection
with this state; the child is physically present in this state and has been abandoned
or it is necessary in an emergency to protect the child; or no other state has
jurisdiction or another state has declined jurisdiction because this state is the more
appropriate forum for the proceeding. A juvenile court in this state, however, does
not have jurisdiction if a proceeding for the custody or adoption of the child is pending
in a court in another state or a court in another state has issued a decree concerning
the custody of the child, unless that court does not have continuing jurisdiction to
modify the decree or has declined to exercise that jurisdiction or does not have
jurisdiction over the adoption of the child or has declined to exercise that jurisdiction.
The bill requires a minor parent, an incompetent parent or an indigent parent
to be represented by counsel, unless the indigent parent declines. The bill permits
the juvenile court to appoint a guardian ad litem for the child if the proceeding is
uncontested and requires the juvenile court to appoint a guardian ad litem for the
child if the proceeding is contested.
The bill requires a proceeding for adoption or TPR to be heard by a court without
a jury and to be closed to the general public. The bill also permits the juvenile court
to make an interim order for the custody of the child in an uncontested proceeding
and requires the juvenile court to make such an order in a contested proceeding. The
bill prohibits a petitioner from removing the child from this state for more than 30
days without the permission of the court or, if an agency adoption, the permission of
the agency.
A person with whom a child has been placed for adoption or who has been
selected as a prospective adoptive parent or a person with whom a child has not been
placed for adoption or who has not been selected as a prospective adoptive parent,
but who has had physical custody of the child for at least six months immediately
before filing the petition, has standing to petition for adoption. A person with whom
a child is placed for adoption must file the petition within 30 days after the
placement.
The bill specifies what information must be contained in the petition for
adoption and what documents must be filed with the juvenile court before the
hearing on the petition. Those documents include the child's birth certificate; any
consent, relinquishment or disclaimer of parental interest that has been executed;
any TPR order or order concerning custody or visitation with the child; any
evaluation of the prospective adoptive parent; the background information provided
by the parent; a document indicating that the parent does not wish to have any
indentifying information about the parent disclosed; and a document stating the
name and address of any person entitled to receive notice of the proceeding.
The bill requires notice of the adoption proceeding to be served, within 20 days
after the filing of the petition, on any individual or agency whose consent to the
adoption is required; on any possible father of the child; on any person who has
custody of or visitation rights with the child; on the spouse of the petitioner, if the
spouse has not joined in the petition; on the child's grandparent, if the child's parent
is deceased and has not consented to the adoption, relinquished the child or had his
or her parental rights terminated; on any person who has revoked his or her consent
or relinquishment; and on any person who can provide relevant information about
the adoption. If a person fails to respond to a notice within 20 days after its service,
the person may not appear in the proceeding and is not entitled to receive any further
notice of the proceeding. If at any time in the proceeding the juvenile court finds that
an unknown father may not have received notice of the proceeding, the juvenile court
must determine if the unknown father can be identified. If the father is identified,
the juvenile court must require notice to be served on him. If the father is not
identified or his whereabouts are unknown, the juvenile court must order
publication of the notice, if the juvenile court determines that publication is likely
to lead to receipt of notice by the father, or may dispense with publication if the
juvenile court determines that publication is not likely to lead to receipt of notice.
After the filing of the petition for adoption, but before the decree of adoption is
entered, a parent, guardian or agency that intends to place, or has placed, a child for
adoption, a parent who is the spouse of a stepparent who intends to adopt the child
or a prospective adoptive parent may file a petition to terminate the parental rights
of a parent of the child. Under the bill, a person's parental rights may be terminated
on any of the following grounds:
1. If the person fails to respond or claim paternity within 20 days after service
of the notice of the TPR proceeding.
2. If the juvenile court dispenses with notice because publication of the notice
is not likely to lead to the person receiving notice.
3. If the person has failed to support and visit regularly with the child and has
not manifested an ability and willingness to assume custody of the child, unless the
person proves that he or she had a compelling reason for not doing so.
4. If the person has been convicted of abandonment, torture, chronic abuse,
sexual abuse or homicide of a child or of violating a domestic abuse, child abuse or
harassment restraining order and the facts of the crime or violation show that the
person is unfit to maintain a parental relationship with the child.
5. The person was not married to the child's mother when the child was
conceived or born and is not the biological or adoptive father of the child.
6. If termination of the person's parental rights is justified on any of the
grounds specified in current law, for example, abandonment, continuing need of
protection or services, continuing parental disability, continuing denial of periods of
physical placement, failure to assume parental responsibility, incestuous
parenthood, intentional homicide of a parent, parenthood as a result of a sexual
assault, commission of a serious felony against one of the person's children or prior
involuntary TPR to another child.
Even if the respondent had a compelling reason for not supporting, visiting and
being able to assume custody of the child and even if a TPR is not otherwise justified,
the juvenile court may still order a TPR on any of the following grounds:
1. If the respondent is not able or willing promptly to assume custody and pay
for the child's support.
2. If the respondent is not able or willing promptly to establish and maintain
contact with the child and to pay for the child's support.
3. If placing the child with the respondent would pose a substantial risk to the
well-being of the child.
4. If failure to TPR would be detrimental to the child.
If a TPR order is granted, the relationship of parent and child between the
respondent and the child is terminated, except for the obligation to pay child support
arrears, the right of the respondent to withhold his or her consent to the adoption and
to receive notice of the adoption proceeding is extinguished and the order is a final
order for purposes of appeal. If a TPR petition is denied, the juvenile court must
dismiss the underlying petition for adoption and determine the custody of the child.
After a petition for adoption is filed, the juvenile court must order an evaluator
certified by DHFS to make an evaluation of the child's placement with the
prospective adoptive parent. The evaluation must be based on a personal interview
with the prospective adoptive parent in his or her residence, observation of the
relationship between the child and the prospective adoptive parent and certain
information that must be included in the report on the evaluation. That information
includes any changes in the life of the prospective adoptive parent since the
preplacement evaluation; the condition of the child; the expenses incurred, paid or
to be paid and anything of value exchanged or to be exchanged in connection with the
adoption; any specific concerns about the suitability of the prospective adoptive
parent or his or her home; the finding of the evaluator about that suitability; and the
recommendation of the evaluator about granting the petition. The evaluation must
be filed within 60 days after it is ordered, unless the evaluator has specific concerns
about the well-being of the child, in which case the evaluation must be filed
immediately.
The juvenile court must hold a hearing on the petition for adoption not less than
90 days nor more than 180 days after the petition is filed, unless the juvenile court
sets an earlier or later date for good cause shown. At least ten days before the hearing
the prospective adoptive parent must file with the juvenile court an accounting of any
payments made in connection with the adoption and the attorney for the prospective
adoptive parent, the attorney for the parent or guardian, the agency, if an agency is
involved, and the guardian of the child must file affidavits with the court itemizing
any fees received in connection with the adoption.
The juvenile court must grant the adoption if it finds that the adoption will be
in the best interest of the child, that the petitioner is a suitable adoptive parent for
the child and that the various requirements governing an adoption proceeding have
been met, for example, notice has been served on everyone entitled to receive notice
or dispensed with; all necessary consents, relinquishments, disclaimers and TPR's
have been obtained; any required evaluations have been filed; the Indian Child
Welfare Act and any interstate or intercountry compact on adoption, if applicable,
have been complied with; the juvenile court has reviewed the accounting of payments
and affidavits of fees and has denied, modified or ordered reimbursement of any
unauthorized, unreasonable or unnecessary payments; the petitioner has received
the report on the child's background; and any document signed by the birth parent
prohibiting the disclosure of his or her identity has been filed. Even if the juvenile
court finds that a prohibited activity has occurred, the juvenile court must still grant
the adoption, if the juvenile court finds that the adoption is in the best interest of the
child, the petitioner is suitable and the other requirements have been met, and report
the prohibited activity to the appropriate authorities.
After the adoption, the relationship of parent and child between the former
parent and the adoptee terminates, except for the duty to pay child support arrears,
and any existing order for visitation or communication ceases. After the adoption,
the adoptive parent and child have the relationship of parent and child.
The bill limits the challenges that may be made to a decree of adoption as
follows:
1. A person who waived notice of the adoption proceeding or who failed to
respond in the proceeding may not move to vacate or annul the decree.
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
