Amendment SSA2-AB214

AB214-SSA2,7,5 (3) Provisions of posttermination contact agreement. A posttermination contact agreement shall contain all of the following provisions:

AB214-SSA2,7,10 (a) An acknowledgement by all birth relatives who are parties to the agreement that, subject to ss. 48.028 (5) (c) and (6) and 48.46 (1m) and (2), the termination of parental rights to and adoption of the child are irrevocable and that failure by a party to comply with the agreement is not grounds to revoke the termination of parental rights or adoption.

AB214-SSA2,7,15 (b) An acknowledgement by the proposed adoptive parents or, if at the time the agreement is entered into no proposed adoptive parent has been identified, the agency having guardianship, legal custody, or supervision of the child that the agreement is enforceable by any person who is permitted posttermination visitation, contact, communication, or sharing of information under the agreement.

AB214-SSA2,7,20 (c) A statement by all parties to the agreement that the agreement was entered into voluntarily and with understanding of the terms of the agreement, that no promises or threats were made to coerce any person into entering into the agreement, and that the parties have not relied on any representations other than those contained in the agreement.

AB214-SSA2,7,23 (4) Approval of granting posttermination contact agreement. At the time a termination of parental rights order is granted, a court may approve a posttermination contact agreement if all of the following conditions are met:

AB214-SSA2,7,24 (a) The child and the birth parent meet the conditions specified in sub. (2).

AB214-SSA2,7,25 (b) The agreement contains the provisions specified in sub. (3) (a) to (c).

AB214-SSA2,8,6 (c) The agreement is signed by all parties to the agreement including the birth parent and child, if 12 years of age or over. If a birth parent who is under 12 years of age or other birth relative who is a child is to be granted posttermination visitation, contact, communication, or sharing of information under the agreement, the parent, guardian, legal custodian, or Indian custodian of the birth parent or other birth relative shall sign the agreement on behalf of the birth parent or other birth relative.

AB214-SSA2,8,13 (d) The agency having guardianship, legal custody, or supervision of the child, the child's guardian ad litem or, in the case of an Indian child, the tribal child welfare department of the Indian child's tribe files the agreement with the court. If the agency or tribal child welfare department files the agreement, the agency or tribal child welfare department shall comply with this paragraph by including in the court report under s. 48.425 (1) the statement under s. 48.425 (1) (h) and attaching the agreement to the court report.

AB214-SSA2,8,18 (e) The court addresses all parties to the agreement and determines by clear and convincing evidence that the agreement was entered into voluntarily and with understanding of the terms of the agreement, that no promises or threats were made to coerce any person into entering into the agreement, and that the parties have not relied on any representations other than those contained in the agreement.

AB214-SSA2,8,23 (f) The agency having guardianship, legal custody, or supervision of the child, the child's guardian ad litem, and, in the case of an Indian child, the Indian child's tribe submit to the court recommendations concerning the granting of posttermination visitation, contact, communication, or sharing of information as provided for in the agreement.

AB214-SSA2,9,4 (g) The court determines by clear and convincing evidence that granting posttermination visitation, contact, communication, or sharing of information as provided for in the agreement would be in the best interests of the child. In determining whether granting posttermination visitation, contact, communication, or sharing of information as provided for in the agreement would be in the best interests of the child, the court shall consider all of the following factors:

AB214-SSA2,9,8 1. Whether the child has substantial relationships with the person who would have visitation, contact, communication, or sharing of information under the agreement, and whether it would be harmful to the child not to preserve those relationships.

AB214-SSA2,9,11 2. Any special needs of the child and how those special needs would be affected by visitation, contact, communication, or sharing of information as provided for in the agreement.

AB214-SSA2,9,13 3. The specific terms of the agreement and the likelihood that the parties will cooperate in complying with the agreement.

AB214-SSA2,9,16 4. The recommendations of the agency having guardianship, legal custody, or supervision of the child, the child's guardian ad litem, and, in the case of an Indian child, the Indian child's tribe.

AB214-SSA2,9,19 5. Any other factors that are relevant to the best interests of the child under s. 48.01 (1) (intro.) or, in the case of an Indian child, the best interests of the Indian child under s. 48.01 (2).

AB214-SSA2,9,24 (5) Later-identified proposed adoptive parents. If the child who is the subject of a posttermination contact agreement is placed for adoption in the home of a proposed adoptive parent who was not identified at the time the agreement was entered into, that posttermination contact agreement shall be binding on the proposed adoptive parent unless terminated or modified under sub. (7).

AB214-SSA2,9,25 (6) Enforcement of posttermination contact agreement. (a) A posttermination contact agreement is enforceable only if the agreement is approved by the court under sub. (4). Any party to an approved posttermination contact agreement may petition the court that approved the agreement for specific performance of the agreement. The petition shall allege facts sufficient to show that a person who is bound by the agreement is not in compliance with the agreement, that enforcement of the agreement is in the best interests of the child in light of the factors specified in sub. (4) (g), and that the petitioner, before filing the petition, participated, or attempted to participate, in good faith in formal or informal mediation or other appropriate dispute resolution proceedings to resolve the dispute giving rise to the filing of the petition.

AB214-SSA2,10,18 (b) The court shall set a date and time for a hearing on a petition filed under par. (a) and shall provide notice of the hearing to the petitioner and to all other parties to the approved posttermination contact agreement, the agency that had guardianship, legal custody, or supervision of the child before the termination of parental rights, and, in the case of an Indian child, the Indian child's tribe. The hearing shall take place on a date that allows the persons notified of the hearing a reasonable time to prepare, but is no more than 30 days after the filing of the petition.

AB214-SSA2,11,2 (c) If the court finds by clear and convincing evidence that any person bound by an approved posttermination contact agreement is not in compliance with the agreement; that enforcement of the agreement is in the best interests of the child in light of the factors specified in sub. (4) (g); and that the petitioner, before filing the petition, participated, or attempted to participate, in good faith in formal or informal mediation or other appropriate dispute resolution proceedings to resolve the dispute giving rise to the filing of the petition, the court shall issue an order requiring specific performance of the agreement. An order for specific performance shall be the sole remedy for any noncompliance with the agreement.

AB214-SSA2,11,5 (d) A court may not award damages, costs, or attorney fees or revoke a termination of parental rights order or an order of adoption because a party to a posttermination contact agreement fails to comply with the agreement.

AB214-SSA2,11,15 (7) Termination or modification of posttermination contact agreement. (a) The parties to an approved posttermination contact agreement may agree to terminate or modify the agreement. If the parties agree to terminate or modify the agreement and if the child, if 12 years of age or over, consents to the termination or modification, the parties shall sign and file with the court that approved the agreement the modified agreement or a stipulation terminating the agreement. If, after reviewing the stipulation or modified agreement, the court finds by clear and convincing evidence that termination or modification of the agreement would be in the best interests of the child in light of the factors specified in sub. (4) (g), the court shall, without a hearing, approve the termination or modification of the agreement.

AB214-SSA2,11,24 (b) 1. Any party to an approved posttermination contact agreement may petition the court that approved the agreement to terminate or modify the agreement. The petition shall allege facts sufficient to show that termination or modification of the agreement would be in the best interests of the child in light of the factors specified in sub. (4) (g), or that there has been a substantial change in circumstances since the entry of the last order affecting the agreement, and that the petitioner, before filing the petition, participated, or attempted to participate, in good faith in formal or informal mediation or other appropriate dispute resolution proceedings to resolve the issue giving rise to the filing of the petition.

AB214-SSA2,12,7 2. The court shall set a date and time for a hearing on a petition under subd. 1. and shall provide notice of the hearing to the petitioner and to all other parties to the approved posttermination contact agreement, the agency that had guardianship, legal custody, or supervision of the child before the termination of parental rights, and, in the case of an Indian child, the Indian child's tribe. The hearing shall take place on a date that allows the persons notified of the hearing a reasonable time to prepare, but is no more than 30 days after the filing of the petition.

AB214-SSA2,12,22 3. Notwithstanding s. 48.01 (1) (intro.) and (2), the court may terminate or modify the approved posttermination contact agreement if the court finds by clear and convincing evidence that termination or modification of the agreement would be in the best interests of the child in light of the factors specified in sub. (4) (g), or that there has been a substantial change in circumstances since the entry of the last order affecting the agreement, and that the petitioner, before filing the petition, participated, or attempted to participate, in good faith in formal or informal mediation or other appropriate dispute resolution proceedings to resolve the issue giving rise to the filing of the petition. An order to modify an approved posttermination contact agreement may limit, restrict, condition, or decrease visitation, contact, communication, or sharing of information between the child and a birth relative of the child, but may not expand, enlarge, or increase that visitation, contact, communication, or sharing of information or place any new obligation on the adoptive parent or agency having guardianship, legal custody, or supervision of the child.

AB214-SSA2, s. 6 Section 6. 48.43 (2) (d) of the statutes is created to read:

AB214-SSA2,12,25 48.43 (2) (d) A court may approve a posttermination contact agreement under s. 48.429.

AB214-SSA2, s. 7 Section 7. 48.92 (2) of the statutes is amended to read:

AB214-SSA2,13,13 48.92 (2) After the order of adoption is entered the relationship of parent and child between the adopted person and the adopted person's birth parents and the relationship between the adopted person and all persons whose relationship to the adopted person is derived through those birth parents shall be completely altered and all the rights, duties, and other legal consequences of those relationships shall cease to exist, unless the birth parent is the spouse of the adoptive parent, in which case those relationships shall be completely altered and those rights, duties, and other legal consequences shall cease to exist only with respect to the birth parent who is not the spouse of the adoptive parent and all persons whose relationship to the adopted person is derived through that birth parent. Notwithstanding the extinction of all parental rights under this subsection, a court may approve a posttermination contact agreement under s. 48.429 or order reasonable visitation under s. 48.925.

AB214-SSA2, s. 8 Section 8. 48.93 (1d) of the statutes, as affected by 2009 Wisconsin Act 94, is amended to read:

AB214-SSA2,13,19 48.93 (1d) All records and papers pertaining to an adoption proceeding shall be kept in a separate locked file and may not be disclosed except under sub. (1g), (1r), or (1v), or (2) (b), s. 48.432, 48.433, 48.434, 48.48 (17) (a) 9., or 48.57 (1) (j), or by order of the court for good cause shown.

AB214-SSA2, s. 9 Section 9. 48.93 (2) of the statutes is renumbered 48.93 (2) (b) and amended to read:

AB214-SSA2,13,25 48.93 (2) (b) All correspondence and papers, relating to the investigation, which that are not a part of the court record, except those in the custody of agencies authorized to place children for adoption, shall be transferred to the department and placed in its closed files.

AB214-SSA2, s. 10 Section 10. 48.93 (2) (a) of the statutes is created to read:

AB214-SSA2,14,11 48.93 (2) (a) 1. A proposed adoptive parent whose home is the subject of an investigation under s. 48.837 (1r) (c) or (4) (c) or 48.88 (2) (a) may request the agency conducting the investigation to disclose its report of the investigation to any other agency authorized to place children for adoption, to the state adoption information exchange under s. 48.55, or to the state adoption center under s. 48.55. Within 10 days after receipt of the request, the agency shall disclose the report to the person named in the request, unless within those 10 days the agency petitions the court for an order permitting the agency not to disclose the report, to restrict the information to be disclosed, or to defer disclosure of the report to a later date or for such other appropriate relief as the agency may request.

AB214-SSA2,14,20 2. The petition shall allege facts showing good cause for granting the relief requested. Upon receipt of the petition, the court shall provide notice of the petition to the proposed adoptive parents and the person to whom disclosure of the report was requested. If any party receiving notice objects to the petition, the court shall hold a hearing to take evidence relating to the relief requested in the petition. If the court determines that there is good cause to grant the relief requested, the court shall grant such relief as the court may consider appropriate. If the court determines that there is not good cause to grant the relief requested, the court shall order the petitioner to disclose the report within 10 days after the date of the hearing.

AB214-SSA2, s. 11 Section 11. Initial applicability.

AB214-SSA2,15,2 (1) Posttermination contact agreements. The treatment of sections 48.425 (1) (h), 48.426 (3) (c), 48.428 (6) (a) and (b), 48.429, 48.43 (2) (d), and 48.92 (2) of the statutes first applies to a termination of parental rights petition filed on the effective date of this subsection.

AB214-SSA2,15,3 (End)