LRBs0353/1
GMM:kjf:pg
2005 - 2006 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO 2005 ASSEMBLY BILL 521
November 30, 2005 - Offered by
Joint Committee on Finance.
AB521-ASA1,2,2
1An Act to renumber 48.025 (3);
to renumber and amend 48.025 (2), 48.41 (2)
2(b), 48.42 (2m), 48.423 and 48.43 (6);
to amend 46.03 (7) (bm), 48.025 (1), 48.27
3(3) (b) 1. a., 48.27 (5), 48.295 (1), 48.368 (1), 48.415 (2) (a) 3., 48.415 (6) (a) and
4(b), 48.415 (10) (a), 48.415 (10) (b), 48.42 (1) (a), 48.42 (2) (b) (intro.), 48.42 (2)
5(b) 1., 48.42 (3) (a), 48.42 (4) (a), 48.422 (6) (a), 48.64 (4) (c), 48.72, 48.78 (2) (a),
648.825 (5), 48.833, 48.837 (1), 48.837 (4) (c), 48.837 (4) (e), 48.839 (2) (b), 48.839
7(2) (c), 48.91 (2), 48.913 (1) (c), (i) and (m), 808.04 (7m), 808.04 (8), 809.82 (2) (b),
8938.27 (3) (b) 1. a., 938.27 (5), 938.78 (2) (a) and 977.07 (1) (c); and
to create
948.025 (2) (b), 48.025 (2) (d), 48.025 (3) (a), 48.025 (3) (c) and (d), 48.025 (5),
1048.025 (6), 48.235 (1) (g), 48.235 (5m), 48.40 (1r), 48.41 (2) (b) 2., 48.42 (1g),
1148.42 (2) (bm), 48.42 (2m) (b), 48.42 (4) (b) 1m., 48.42 (5), 48.423 (2), 48.43 (6)
12(b) and (c), 48.43 (6m), 48.48 (17) (bm), 48.57 (2m), 48.825 (3m), 48.837 (1m),
1348.837 (2) (d), 48.837 (4) (cm), 48.84, 809.107 (5) (am) and 938.57 (2m) of the
1statutes;
relating to: termination of parental rights and adoption, granting
2rule-making authority, and providing a penalty.
Analysis by the Legislative Reference Bureau
Introduction
This substitute amendment makes various changes relating to termination of
parental rights (TPR) and adoption. Specifically, the substitute amendment
modifies current law relating to declarations of paternal interest by persons who may
be the father of a nonmarital child and notice to those persons of TPR proceedings,
the grounds for TPR, procedures in TPR proceedings, and appeals in TPR
proceedings. The substitute amendment also modifies current law relating to
adoption of children, agency decisions concerning foster homes, and persons
receiving child welfare services.
Declarations of paternal interest and notice to putative fathers
Declarations of paternal interest. Under current law, any person claiming
to be the father of a nonmarital child whose paternity has not been established may
file with the Department of Health and Family Services (DHFS) a declaration of
paternal interest in matters affecting the child. The declaration may be filed at any
time before a TPR and must be in writing and signed by the person filing the
declaration. DHFS must send a copy of the declaration to the mother, who may file
a written response to the declaration. Filing a declaration does not extend parental
rights to the person filing the declaration, but it does entitle that person to notice of
a child in need of protection or services (CHIPS), a juvenile in need of protection or
services (JIPS), or a TPR proceeding. Current law requires DHFS to release a
declaration of paternal interest to the Department of Workforce Development or a
county child support agency upon request or to any other person with a direct and
tangible interest in the declaration and permits DHFS to release a declaration to any
other person only upon court order.
This substitute amendment makes various changes relating to declarations of
paternal interest. Subject to certain exceptions, the substitute amendment requires
a declaration to be filed before the child's birth or within 14 days after the child's birth
and permits a declaration to be revoked at any time. The substitute amendment also
requires a declaration or revocation to be verified upon oath or affirmation and, in
the case of a minor, to also be signed by the parent or guardian of the minor. The
substitute amendment requires DHFS to keep declarations confidential, except that
DHFS must, on the request of a court assigned to exercise jurisdiction under the
Children's Code and the Juvenile Justice Code (juvenile court) in a CHIPS, JIPS,
TPR, or adoption proceeding or of a person authorized to file a CHIPS, JIPS, TPR,
or adoption petition, search its files to determine whether a person who may be the
father of the child who is the subject of the proceeding or action has filed a
declaration. If DHFS has a declaration on file, it must issue to the requester a
certified copy of the declaration. If DHFS does not have a declaration on file, it must
issue to the requester a certified statement that no declaration could be located.
Notice of TPR proceedings to putative fathers. Under current law, certain
persons who may be the father of a nonmarital child whose paternity has not been
established must be served with a summons and petition notifying the person of a
TPR proceeding involving the child. Those persons include, in addition to a person
who files a declaration of paternal interest, a person who is alleged to be the father
of the child or who, based on statements made by the mother or other information,
may be the father of the child, and a person who has lived in a familial relationship
with the child and who may be the father of the child. A person who receives a
summons and petition in a TPR proceeding has standing to appear and contest the
TPR petition and, if grounds for TPR are found, may present evidence relevant to the
disposition of the case and make alternative dispositional recommendations.
This substitute amendment makes certain changes relating to notice to a
person who may be the father of a nonmarital child under one year of age whose
paternity has not been established of a TPR proceeding concerning the child.
Specifically, the substitute amendment permits the petitioner in a proceeding to
terminate the parental rights of such a person to file with the TPR petition an
affidavit signed by the child's mother that identifies or describes the father. If an
affidavit is filed, the petitioner is required to notify any man alleged to be the father
in the affidavit that he may file a declaration of paternal interest within 21 days after
the date on which the notification was mailed. Also, under the substitute
amendment, if an affidavit is filed, notice of the TPR proceeding need not be provided
to a person who is alleged to be the father of the child or who, based on statements
made by the mother or other information, may be the father of the child and instead
is only required to be provided to all of the following:
1. A person who has filed an unrevoked declaration of paternal interest, within
14 days after the birth of the child or within 21 days after the notice of his right to
file a declaration is mailed, whichever is later.
2. A person who has lived in a familial relationship with the child and who may
be the father of the child.
The substitute amendment also specifies that a person who may be the father
of a nonmarital child whose paternity has not been established, by virtue of the fact
that the person had sexual intercourse with the mother of the child, is considered to
be on notice that a pregnancy and a TPR proceeding might result, has the duty to
protect his own rights and interests, and, therefore, is entitled to actual notice of the
TPR proceeding only as provided in current law, as affected by the substitute
amendment. In addition, the substitute amendment specifies that a person who is
not entitled to actual notice of a TPR proceeding does not have standing to appear
and contest the petition, present evidence relevant to the issue of disposition, or
make alternative dispositional recommendations unless the person appears at the
hearing, establishes paternity, and proves all of the following:
1. That the person resides and has resided in another state where the mother
of the child resided or was located at the time of or after the conception of the child.
2. That the mother left that state without notifying or informing that person
that she could be located in this state.
3. That the person attempted to locate the mother through every reasonable
means, but did not know or have reason to know that the mother was residing or
located in this state.
4. That the person has complied with the requirements of the state where the
mother previously resided or was located to protect and preserve his paternal
interests in matters affecting the child.
Finally, the substitute amendment prohibits a mother who has completed an
affidavit relating to the identity of the child's father from attacking a TPR judgment
on the basis that the father was not identified correctly.
Grounds for involuntary TPR
Applicability. Under current law, the parental rights of a parent to his or her
child may be terminated involuntarily under various grounds. Currently, those
grounds apply only to a parent of a child. The substitute amendment provides that
the grounds for involuntary TPR apply as well to a person who may be the parent of
a child.
Failure to assume parental responsibility. Under current law, the ground
of failure to assume parental responsibility is established by proving that the parent
has never had a substantial parental relationship with the child. "Substantial
parental relationship" is defined as the acceptance and exercise of significant
responsibility for the daily supervision, education, protection, and care of the child.
This substitute amendment permits this ground to be established by proving that the
parent has not had a substantial parental relationship with the child.
Prior involuntary TPR to another child. Under current law, the ground
of prior involuntary TPR to another child may be established by proving that the
child who is the subject of the petition has been adjudged to be CHIPS because he
or she has been abandoned or has been the victim of abuse or because his or her
parent has neglected, refused, or been unable for reasons other than poverty to
provide the necessary care, clothing, medical or dental care, or shelter so as to
seriously endanger the physical health of the child (neglect) and that, within three
years of the CHIPS adjudication, a juvenile court has ordered an involuntary TPR
with respect to another child of the person.
This substitute amendment extends this ground to a child who is found to be
CHIPS because he or she is at risk of being abused or neglected and whose parent
has failed to remedy the conditions responsible for court intervention, if there is a
substantial likelihood that the parent will not remedy those conditions within the
nine-month period following the TPR fact-finding hearing, and to a child who is born
after the filing of a TPR petition on this ground with respect to a sibling of the child.
Continuing need of protection or services. Under current law, the ground
of continuing CHIPS may be established by proving: 1) that the child has been
adjudged to be CHIPS and placed outside of his or her home by the juvenile court;
2) that the agency responsible for the care of the child and the family has made a
reasonable effort to provide the services ordered by the juvenile court; 3) that the
child has been outside the home for a cumulative period of six months or longer
pursuant to juvenile court orders; and 4) that the parent has failed to meet the
conditions established for the safe return of the child to the home and there is a
substantial likelihood that the parent will not meet those conditions within the
12-month period following the TPR fact-finding hearing.
This substitute amendment permits a TPR on the ground of continuing CHIPS
if there is a substantial likelihood that the parent will not meet the conditions
established for the safe return of the child to the home within nine months, rather
than 12 months, following the TPR fact-finding hearing.
Procedures in TPR proceedings
Penalty for false statement in TPR proceeding. Under current law, a
person may be convicted of perjury for orally making a false statement under oath
or affirmation or of false swearing for making or subscribing to a false statement
under oath or affirmation. There is no general penalty, however, for making a false
statement if it is not made under oath or affirmation.
This substitute amendment creates a penalty for making a false statement or
representation of material fact in the course of a TPR proceeding with the intent of
preventing a person who is entitled to receive notice of the TPR proceeding from
receiving notice. Under the substitute amendment, making such a false statement
or representation is punishable by a fine not to exceed $10,000 or imprisonment not
to exceed nine months, or both. The substitute amendment, however, permits a
person to refuse to make a statement or representation of material fact in the course
of a TPR proceeding for the purpose of preventing a person who is entitled to receive
notice of the TPR proceeding from receiving notice if the person fears that making
such a statement or representation would place the person or another person at risk
of domestic abuse and if the refusal is because of a recent overt act, attempt, or threat
that caused him or her reasonably to believe that the refusal was the only means of
preventing that abuse.
Voluntary consent to TPR by telephone or audiovisual means. Under
current law, a parent may give voluntary consent to the termination of his or her
parental rights. If the juvenile court finds that it would be difficult or impossible for
the parent to appear in person at the hearing, the juvenile court may accept the
written consent of the parent given before an embassy or consul official, a military
judge, or a judge of any court of record in another county or state or a foreign
jurisdiction. This substitute amendment permits a parent who is unable to appear
in person at the hearing to provide testimony by telephone or through live
audiovisual means, upon request of the parent, unless good cause is shown.
Notice when child is relinquished as a newborn. Under current law,
subject to certain exceptions, a copy of the summons and petition in a TPR proceeding
must be personally served on the parties to the proceeding. This substitute
amendment permits the parents of a child whose custody was relinquished when he
or she was less than 72 hours old to be served with the summons and petition in a
TPR proceeding by publication in a newspaper instead of by personal service.
Guardian ad litem (GAL) for parent in TPR proceeding. Current law
permits the juvenile court to appoint a GAL in any appropriate matter under the
Children's Code. This substitute amendment requires a juvenile court to appoint a
GAL for a parent who is not competent to participate in a TPR proceeding or to assist
counsel or the juvenile court in protecting the parent's rights in a TPR proceeding.
The substitute amendment also directs a GAL of such a parent, in a proceeding that
involves a child who has been found to be in need of protection or services in which
the parent is contesting the termination of his or her parental rights, to provide
information to the juvenile court relating to the parent's competency to participate
in the proceeding and to provide assistance to the juvenile court and to the parent's
adversary counsel in protecting the parent's rights.
Appeals in TPR proceedings
Time for filing of notice of appeal. Under current law, if a judgment or order
that is being appealed was entered after the notice of appeal was filed, the notice of
appeal is treated as if it were filed after the judgment or order was entered. An
appeal of a TPR judgment, however, is initiated not by the filing of a notice of appeal
but rather by the filing of a notice of intent to appeal. This substitute amendment
provides that if the judgment or order appealed from was entered after the notice of
appeal or the notice of intent to appeal was filed, the notice shall be treated as filed
after the entry and on the day of the entry.
Notification of abandonment of appeal. Under current law, in a TPR
proceeding, a person has 30 days from the date of entry of judgment to file a notice
of intent to appeal. Within 15 days after filing this notice, the person must request
the transcript and juvenile court record. The clerk of circuit court must serve a copy
of the case record on the person filing the notice of intent to appeal within 30 days
after the juvenile court record is requested. Within 30 days after service of the
transcript, the person filing a notice of intent to appeal must file a notice of appeal
and serve a copy of the notice on the required persons. Current law places no
obligation on a person who files a notice of intent to appeal, but who decides not to
file a notice of appeal, to notify the parties that a notice of appeal will not be filed.
This substitute amendment requires a person who decides not to file a notice of
appeal to notify the persons who would have been required to be served with the
notice of appeal that the appeal will not be pursued.
State Public Defender (SPD) indigency determinations in TPR
appeals. Under current law, subject to certain exceptions, a representative of the
SPD must determine indigency for a person referred to the SPD who is seeking
postdispositional relief in a proceeding under the Children's Code, other than a TPR
proceeding. For these referrals, the SPD representative may rely upon a
determination of indigency made for purposes of trial representation, unless a
request for redetermination of indigency has been filed or the defendant's request for
representation states that his or her financial circumstances have materially
improved. This substitute amendment permits the SPD representative to rely upon
a determination of indigency made for purposes of trial representation for a person
referred to the SPD for an appeal in a TPR proceeding, unless a request for a
redetermination is filed or the person's request for representation states that his or
her financial circumstances have materially improved.
Continuing representation in TPR appeals. Currently, an attorney who
represents a person in a TPR proceeding does not automatically continue to
represent the person during the appeal process. Under this substitute amendment,
an attorney who represents a person in a TPR proceeding continues representation
of that person during the appeal process by filing a notice of intent to appeal, unless
the attorney has been previously discharged during the proceeding by the person or
by the juvenile court.
Written notification of time limits for TPR appeals. Current law does not
require that notice of the time limits within which to appeal a TPR judgment be given
to a person whose parental rights are terminated. This substitute amendment
requires the juvenile court that orders a TPR to provide written notification of the
time limits within which to appeal the TPR order to the person whose parental rights
are terminated if the person is present in juvenile court when the order is granted.
The person must sign the written notification, indicating that he or she has been
notified of those time limits. The person's counsel must file a copy of the signed,
written notification with the juvenile court on the date on which the order is granted.
Enlargement of time for filing notice of appeal. Under current law, the
time for filing a notice of appeal of a final judgment or order in a TPR proceeding may
not be enlarged. This substitute amendment permits the time within which to file
a notice of appeal in a TPR case to be enlarged if the judgment or order was entered
as a result of a petition for an involuntary TPR that was filed by a district attorney,
corporation counsel, or other representative of the public.
Time limit for collateral attack of TPR judgment. Under current law, a
person whose parental rights have been terminated may petition for a rehearing on
the grounds that new evidence has been discovered affecting the advisability of the
juvenile court's adjudication no later than one year after the date on which the TPR
judgment was entered. However, a parent who has consented to the TPR or who did
not contest the TPR petition may move for relief from the judgment no later than 30
days after entry of the TPR judgment.
This substitute amendment prohibits any person, for any reason, from
collaterally attacking a TPR judgment more than one year after the date on which
the time limit for filing an appeal from the judgment has expired, or more than one
year after the date on which all appeals from the judgment, if any were filed, have
been decided, whichever is later.
Adoption of children
Adoption expenses. Under current law, a proposed adoptive parent of a child
may make certain payments to the birth parents of the child, including: 1) payment
for the actual cost of maternity clothes for the child's birth mother, not to exceed a
reasonable amount; 2) living expenses of the child's birth mother, in an amount not
to exceed $1,000, if payment of the expenses by the proposed adoptive parent is
necessary to protect the health and welfare of the birth mother or fetus; and 3) a gift
to the child's birth mother, of no greater than $50 in value. This substitute
amendment places a $300 cap on the amount that a proposed adoptive parent may
pay for the cost of maternity clothes for the birth mother and increases the amount
that a proposed adoptive parent may pay for living expenses for the birth mother
from $1,000 to $5,000 and the amount that a proposed adoptive parent may pay for
a gift to the birth mother from $50 to $100.
Preadoptive placement with out-of-state petitioners. Under current
law, a parent having custody of a child and a proposed adoptive parent of the child
who is not a relative of the child may petition the juvenile court for placement of the
child for adoption in the home of the proposed adoptive parent if the home is licensed
as a foster home or treatment foster home. This substitute amendment permits a
parent having custody of a child and a proposed adoptive parent who resides
out-of-state to petition the juvenile court for the preadoptive placement of the child
in the home of the proposed adoptive parent, if the home meets the criteria
established by the laws of the state of residence for a preadoptive placement of a child
in the home of a nonrelative.
Adoption advertising. Under current law, no person may advertise for the
purpose of finding a child to adopt or advertise that the person will find an adoptive
home for a child or arrange for or assist in the adoption of a child or will place a child
for adoption. This prohibition does not apply to DHFS, a county department of
human services or social services (county department), or a child welfare agency
licensed by DHFS to place children for adoption (collectively "agency"). This
substitute amendment prohibits publishing by a public medium of an adoption
advertisement that violates current law relating to adoption advertising.
Preadoption preparation for first-time adoptive parents. Under
current law, preadoption preparation is not required of a proposed adoptive parent.
This substitute amendment requires a proposed adoptive parent who has not
previously adopted a child to obtain preadoption preparation on issues that may
confront adoptive parents. The preparation may be provided by a licensed child
welfare agency, a licensed private adoption agency, or a state-funded postadoption
resource center. The substitute amendment requires DHFS to promulgate rules on
the number of hours of preadoption preparation that is required, as well as on the
topics to be covered in the training. The proposed adoptive parents must pay for the
training, except that DHFS must pay for the training if the child is placed for
adoption by an agency.
Continuation of dispositional orders. Under current law, if a petition for
TPR is filed or an appeal from a judgment granting or denying TPR is filed during
the year in which a CHIPS dispositional order or an extension order is in effect, the
dispositional or extension order remains in effect until all proceedings relating to the
petition or appeal are concluded. This substitute amendment provides that a
voluntary agreement for the placement of a child, or a guardianship order for a child,
also remain in effect until all proceedings relating to a TPR petition or appeal are
concluded, as is allowed under current law with respect to CHIPS dispositional or
extension orders.
Agency decisions concerning foster homes
Jurisdiction for review of agency decisions. Under current law, the
circuit court for the county where a child is placed in a foster home, treatment foster
home, or group home has jurisdiction upon the petition of any interested party over
the child. The circuit court may call a hearing for the purpose of reviewing any
decision or order of the agency that placed the child that involves the placement and
care of the child. The court must determine the case so as to promote the best
interests of the child. This substitute amendment provides that the circuit court for
the county where the dispositional order placing the child in the foster, treatment
foster, or group home was entered or a voluntary agreement so placing the child was
made has jurisdiction to review an agency decision or order involving the placement
of the child. Under the bill, the petitioner must show by clear and convincing
evidence that the agency's decision or order is not in the best interests of the child.
Appeals of licensing decisions. Under current law, any person aggrieved by
DHFS's refusal or failure to issue, renew, or continue a license has the right to an
administrative hearing and to judicial review of the hearing decision under
procedures provided for contested cases. This substitute amendment specifically
grants the right to judicial review in a contested case involving a DHFS licensing
decision to any party in the contested case.
Persons receiving child welfare services
Change in county of residence of child welfare services clients. Current
law does not require notice to a new county of residence when a person who is
receiving child welfare services moves to another county. This substitute
amendment requires the county department or, in Milwaukee County, DHFS, as
soon as practicable after learning that a person who is receiving child welfare
services has changed his or her county of residence, to provide notice of that change
to the county department of the person's new county of residence. Notice must be
provided to DHFS if the person's new county of residence is Milwaukee County.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB521-ASA1, s. 1
1Section
1
. 46.03 (7) (bm) of the statutes is amended to read:
AB521-ASA1,9,122
46.03
(7) (bm) Maintain a file containing records of artificial inseminations
3under s. 891.40
and records of, declarations of paternal interest under s. 48.025
, and
4of statements acknowledging paternity under s. 69.15 (3) (b). The department
shall 5may release
these those records
, declarations, and statements only upon an order of
6the court except that the department may use nonidentifying information
7concerning artificial inseminations for the purpose of compiling statistics
and except
8that records relating to, declarations of paternal interest
shall be released as
9provided in s. 48.025 (3) (b) and (c), and statements acknowledging paternity shall
10be released
without a court order to the department of workforce development or a
11county child support agency under s. 59.53 (5)
without a court order upon the request
12of
the that department
of workforce development or a or county child support agency
1under s. 59.53 (5) pursuant to the program responsibilities under s. 49.22 or
by to any
2other person with a direct and tangible interest in the
record statement.
AB521-ASA1,10,94
48.025
(1) Any person claiming to be the father of a nonmarital child who is not
5adopted or whose parents do not subsequently intermarry under s. 767.60
and whose
6paternity has not been established may, in accordance with procedures under this
7section, file with the department a declaration of his interest in matters affecting
8such the child.
The department may not charge a fee for filing a declaration under
9this section.
AB521-ASA1, s. 3
10Section
3
. 48.025 (2) of the statutes is renumbered 48.025 (2) (a) and amended
11to read:
AB521-ASA1,10,1512
48.025
(2) (a)
The A declaration
provided in under sub. (1) may be filed at any
13time
except after before a termination of the father's
parental rights under subch.
14VIII.
This paragraph does not apply to a declaration that is filed on or after the
15effective date of this paragraph .... [revisor inserts date].
AB521-ASA1,10,22
16(c) The declaration shall be in writing,
shall be signed
and verified upon oath
17or affirmation by the person filing the declaration
, and shall contain the person's
18name and address, the name and last-known address of the mother, the month and
19year of the birth or expected birth of the child
, and a statement that
he the person
20filing the declaration has reason to believe that he may be the father of the child.
If
21the person filing the declaration is under 18 years of age, the declaration shall also
22be signed by a parent or guardian of the person.
AB521-ASA1, s. 4
23Section
4
. 48.025 (2) (b) of the statutes is created to read:
AB521-ASA1,11,324
48.025
(2) (b) A declaration under sub. (1) may be filed at any time before the
25birth of the child or within 14 days after the birth of the child, except that a man who
1receives a notice under s. 48.42 (1g) (b) may file a declaration within 21 days after
2the date on which the notice was mailed. This paragraph does not apply to a
3declaration filed before the effective date of this paragraph .... [revisor inserts date].
AB521-ASA1, s. 5
4Section
5
. 48.025 (2) (d) of the statutes is created to read:
AB521-ASA1,11,105
48.025
(2) (d) A person who has filed a declaration under sub. (1) may revoke
6the declaration at any time by filing with the department a statement, signed and
7verified upon oath or affirmation, that the person, to the best of his knowledge and
8belief, is not the father of the child or that another person has been adjudicated as
9the father of the child. If the person filing the revocation is under 18 years of age,
10the revocation shall also be signed by a parent or guardian of the person.
AB521-ASA1, s. 6
11Section
6. 48.025 (3) of the statutes is renumbered 48.025 (3) (b).
AB521-ASA1, s. 7
12Section
7. 48.025 (3) (a) of the statutes is created to read:
AB521-ASA1,11,1613
48.025
(3) (a) The department shall keep confidential and may not open to
14public inspection or disclose the contents of any declaration, revocation of a
15declaration, or response to a declaration filed under this section, except as provided
16under pars. (b) and (c) or by order of the court for good cause shown.
AB521-ASA1, s. 8
17Section
8. 48.025 (3) (c) and (d) of the statutes are created to read:
AB521-ASA1,12,618
48.025
(3) (c) A court in a proceeding under s. 48.13, 48.133, 48.14, or 938.13
19or under a substantially similar law of another state or a person authorized to file
20a petition under s. 48.25, 48.42, 48.837, or 938.25 or under a substantially similar
21law of another state may request the department to search its files to determine
22whether a person who may be the father of the child who is the subject of the
23proceeding has filed a declaration under this section. If the department has on file
24a declaration of paternal interest in matters affecting the child, the department shall
25issue to the requester a copy of the declaration. If the department does not have on
1file a declaration of paternal interest in matters affecting the child, the department
2shall issue to the requester a statement that no declaration could be located. The
3department may require a person who requests a search under this paragraph to pay
4a reasonable fee that is sufficient to defray the costs to the department of
5maintaining its file of declarations and publicizing information relating to
6declarations of paternal interest under this section.