AB1025,4,129
48.433
(3m) Any birth parent of a birth child who is 21 years of age or over at
10the time of the request may request the department or an agency to provide the birth
11parent with any available information regarding the identity and location of the
12birth child.
AB1025, s. 9
13Section
9. 48.433 (4) of the statutes is amended to read:
AB1025,4,1614
48.433
(4) Before acting on
the a request
under sub. (3) or (3m), the
15department
, or agency
contracted with under sub. (11), shall require the requester
16to provide adequate identification.
AB1025, s. 10
17Section
10. 48.433 (5) (intro.) of the statutes is amended to read:
AB1025,4,2018
48.433
(5) (intro.) The department
, or agency
contracted with under sub. (11), 19shall disclose the
requested information
requested under sub. (3) in either of the
20following circumstances:
AB1025, s. 11
21Section
11. 48.433 (5) (a) of the statutes is amended to read:
AB1025,4,2322
48.433
(5) (a) The department
, or agency
contracted with under sub. (11), has
23on file unrevoked affidavits filed under sub. (2) from both birth parents.
AB1025, s. 12
24Section
12. 48.433 (5) (b) of the statutes is amended to read:
AB1025,5,3
148.433
(5) (b) One of the birth parents was unknown at the time of the
2proceeding for termination of parental rights or
the consent
to adoption and the
3known birth parent has filed an unrevoked affidavit under sub. (2).
AB1025, s. 13
4Section
13. 48.433 (5m) of the statutes is created to read:
AB1025,5,115
48.433
(5m) The department or agency shall disclose to a birth parent who
6requests information under sub. (3m) any available information concerning the
7identity and location of any of the requester's birth children who has filed an
8unrevoked affidavit under sub. (2m). The department or agency may not disclose to
9a birth parent who requests information under sub. (3m) any information concerning
10the identity and location of any birth child of the requester who has not filed an
11unrevoked affidavit under sub. (2m) and may not search for that birth child.
AB1025, s. 14
12Section
14. 48.433 (6) (a) of the statutes is amended to read:
AB1025,5,2013
48.433
(6) (a) If the department
, or agency
contracted with under sub. (11), does
14not have on file an
unrevoked affidavit
under sub. (2) from each known birth parent,
15it the department or agency shall, within 3 months after the date of the original
16request
under sub. (3), undertake a diligent search for each birth parent who has not
17filed an affidavit
under sub. (2). The search shall be completed within 6 months after
18the date of the request, unless the search falls within one of the exceptions
19established by the department by rule. If any information has been provided under
20sub. (5), the department or agency is not required to conduct a search.
AB1025, s. 15
21Section
15. 48.433 (6) (d) of the statutes is amended to read:
AB1025,6,222
48.433
(6) (d) The department
, or agency
contracted with under sub. (11), shall
23charge the requester a reasonable fee for the cost of the search. When the
24department or agency determines that the fee will exceed $100 for either birth
25parent,
it the department or agency shall notify the requester. No fee in excess of
1$100 per birth parent may be charged unless the requester, after receiving
2notification under this paragraph, has given consent to proceed with the search.
AB1025, s. 16
3Section
16. 48.433 (7) (a) 3. of the statutes is amended to read:
AB1025,6,54
48.433
(7) (a) 3. The fact that the birth parent
has the right to may file with
5the department the affidavit under sub. (2).
AB1025, s. 17
6Section
17. 48.433 (7) (b) of the statutes is amended to read:
AB1025,6,107
48.433
(7) (b) Within 3 working days after contacting a birth parent, the
8department
, or agency
contracted with under sub. (11), shall send the birth parent
9a written copy of the information specified under par. (a) and a blank copy of the
10affidavit
under sub. (2).
AB1025, s. 18
11Section
18. 48.433 (7) (c) of the statutes is amended to read:
AB1025,6,1412
48.433
(7) (c) If the birth parent files the affidavit
under sub. (2), the
13department
, or agency
contracted with under sub. (11), shall disclose the requested
14information if permitted under sub. (5).
AB1025, s. 19
15Section
19. 48.433 (7) (d) of the statutes is amended to read:
AB1025,6,1816
48.433
(7) (d) If the department or an agency has contacted a birth parent
17under this subsection, and the birth parent does not file the affidavit
under sub. (2),
18the department
or agency may not disclose the requested information.
AB1025, s. 20
19Section
20. 48.433 (7) (e) of the statutes is amended to read:
AB1025,6,2320
48.433
(7) (e) If, after a search under this subsection, a known birth parent
21cannot be located, the department
, or agency
contracted with under sub. (11), may
22disclose the requested information if the other birth parent has filed an unrevoked
23affidavit under sub. (2).
AB1025, s. 21
24Section
21. 48.433 (8) (a) (intro.) of the statutes is amended to read:
AB1025,7,7
148.433
(8) (a) (intro.) If a birth parent is known to be
dead deceased and has
2not filed an unrevoked affidavit under sub. (2), the department
, or agency
contracted
3with under sub. (11), shall so inform the requester. The department or agency may
4not provide the requester with
a copy of his or her original birth certificate or with
5the identity of that
birth parent, but shall provide the requester with any available
6information
it that the department or agency has on file regarding the identity and
7location of the other birth parent if both of the following conditions exist:
AB1025, s. 22
8Section
22. 48.433 (8) (b) of the statutes is amended to read:
AB1025,7,139
48.433
(8) (b) If a birth parent is known to be
dead deceased, the department
, 10or agency
contracted with under sub. (11), in addition to the information provided
11under par. (a), shall provide the requester with any nonidentifying social history
12information about the deceased
birth parent
that is on file with the department or
13agency.
AB1025, s. 23
14Section
23. 48.433 (8) (c) of the statutes is created to read:
AB1025,7,1715
48.433
(8) (c) If a birth child is known to be deceased, the department or agency
16shall so inform the requester and shall provide the requester with the identity of that
17birth child.
AB1025, s. 24
18Section
24. 48.433 (8m) of the statutes is amended to read:
AB1025,7,2219
48.433
(8m) If the department
, or agency
contracted with under sub. (11), may
20not disclose the information requested under
this section, it sub. (3), the department
21or agency shall provide the requester with any nonidentifying social history
22information about either of the birth parents that it has on file.
AB1025, s. 25
23Section
25. 48.433 (9) of the statutes is amended to read:
AB1025,8,3
148.433
(9) The requester may petition the circuit court to order the department
2or agency
designated by the department to disclose any information that may not be
3disclosed under this section. The court shall grant the petition for good cause shown.
AB1025, s. 26
4Section
26. 48.433 (9m) of the statutes is created to read:
AB1025,8,75
48.433
(9m) (a) Subject to par. (b), no birth parent may contact a birth child who
6has not filed an unrevoked affidavit under sub. (2m) and no person may provide such
7a birth parent with any information about the identity or location of the birth child.
AB1025,8,108
(b) Paragraph (a) does not apply if, before the birth child reaches 21 years of
9age, the adoptive parents of the birth child authorize under s. 48.434 (3) or otherwise
10the release of the information specified in par. (a) to the birth parent.
AB1025,8,1211
(c) Subject to sub. (10), any person who violates par. (a) may be required to
12forfeit not more than $5,000 for each violation.
AB1025,8,2214
(1)
Notice to birth children. The department of health and family services
15shall, no later than 3 months after the effective date of this subsection, publish in the
16official state newspaper designated under section 985.04 of the statutes a notice
17informing birth children, as defined in section 48.433 (1) (am) of the statutes, as
18created by this act, of their right to file with that department or an agency, as defined
19in section 48.433 (1) (a) of the statutes, as affected by this act, under section 48.433
20(2m) of the statutes, as created by this act, an affidavit authorizing the disclosure to
21their birth parents, as defined in section 48.433 (1) (b) of the statutes, of information
22about their identity and location.