AB150: Bill Text

Note: Sections 16 and 17 allow the juvenile court to order that the name and address of a proposed change in placement be withheld from the parent or guardian if a change in placement is requested by the child, parent, guardian, legal custodian or Indian custodian of the child, expectant mother, unborn child's guardian ad litem, or any person or agency primarily bound by the dispositional order, other than the person or agency responsible for implementing the order. The juvenile court may not order that this information be withheld until a hearing is held on the issue, with notice of the hearing given to the child's parent or guardian.

AB150,18 Section 18. 48.38 (4) (fg) 2. of the statutes is amended to read:

AB150,14,15 48.38 (4) (fg) 2. Placement of the child for adoption , including placement for adoption under tribal law or custom.

Note: This Section provides that, if a child's permanency plan in Indian child custody proceeding in state court includes the goal of placement for adoption, that goal may include placement for adoption under tribal law or custom.

AB150,19 Section 19. 48.425 (1) (h) of the statutes is created to read:

AB150,15,2 48.425 (1) (h) A statement as to whether a posttermination contact agreement has been entered into under s. 48.429. If such an agreement has been entered into, the agency or tribal child welfare department shall attach a copy of the agreement to the report.

Note: This Section requires an agency's report to the juvenile court in a TPR proceeding to state whether or not a posttermination contact agreement has been entered into, and, if so, to include a copy with the report.

AB150,20 Section 20. 48.426 (3) (c) of the statutes is amended to read:

AB150,15,10 48.426 (3) (c) Whether the child has substantial relationships with the parent or other family members, and whether it would be harmful to the child to sever these those relationships. In determining whether it would be harmful to the child to sever those relationships, the court shall consider the terms of any posttermination contact agreement that has been entered into under s. 48.429 with respect to the child and may consider any other agreement by a proposed adoptive parent to permit contact between the child and the parent or other family members after adoption of the child.

Note: This Section requires the juvenile court, in evaluating the best interests of a child for purposes of determining the appropriate disposition of a TPR proceeding, to consider the terms of a posttermination contact agreement in the context of the child's substantial relationships with the parent or any other family member.

AB150,21 Section 21. 48.428 (6) (a) of the statutes is renumbered 48.428 (6) and amended to read:

AB150,15,15 48.428 (6) Except as provided in par. (b), the The court may order or prohibit visitation by grant posttermination contact privileges under s. 48.429 to a birth parent relative of a child placed in sustaining care.

Note: This Section allows the juvenile court to grant posttermination contact privileges to any relative of a child placed in sustaining care after a TPR is ordered.

AB150,22 Section 22. 48.428 (6) (b) of the statutes is repealed.

Note: This Section removes certain restrictions on the juvenile court's discretion whether to order visitation by a parent of a child placed in sustaining care after a TPR is ordered because such visitation is covered under a posttermination contact agreement authorized under the bill.

AB150,23 Section 23. 48.429 of the statutes is created to read:

AB150,16,2 48.429 Posttermination contact privileges. (1) Definitions. In this section:

AB150,16,4 (a) "Approved posttermination contact agreement" means a posttermination contact agreement that has been approved by the court under sub. (4).

AB150,16,7 (b) "Posttermination contact agreement" means an agreement between a proposed adoptive parent or guardian of a child and a relative of the child that provides for any of the following after termination of parental rights to the child:

AB150,16,8 1. Visitation between the child and a relative of the child.

AB150,16,10 2. Future contact and communication between the child, adoptive parent, or guardian and relative of the child.

AB150,16,12 3. The sharing of information about the child in the future between the adoptive parent or guardian and a relative of the child.

AB150,16,14 4. The maintenance and sharing of the medical and genetic history of any relative who is a party to the agreement.

AB150,16,16 (c) "Relative" has the meaning given in s. 48.02 (15), and, in the case of an Indian child, includes an extended family member, as defined in s. 48.028 (2) (am).

AB150,16,20 (2) Posttermination contact agreements; when permitted. At any time before a termination of parental rights order is granted, a posttermination contact agreement may be entered into between the proposed adoptive parents or guardian of a child and a relative of the child if all of the following conditions are met:

AB150,16,22 (a) The child is in the legal custody or under the supervision or guardianship of an agency.

AB150,16,23 (b) The child, if 12 years of age or over, consents to the terms of the agreement.

AB150,16,25 (3) Provisions of posttermination contact agreement. A posttermination contact agreement shall contain all of the following provisions:

AB150,17,9 (a) Except as provided in this paragraph, an acknowledgement by all 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. A posttermination contact agreement in which one of the parties is a parent, as defined in s. 48.02 (13) for purposes of the application of s. 48.028 and the federal Indian Child Welfare Act, 25 USC 1901 to 1963, is not required to contain the acknowledgement described in this paragraph.

AB150,17,12 (b) An acknowledgement by the proposed adoptive parents or guardian that the agreement is enforceable by any person who is permitted posttermination visitation, contact, communication, or sharing of information under the agreement.

AB150,17,17 (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.

AB150,17,20 (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:

AB150,17,21 (a) The child and the parent meet the conditions specified in sub. (2).

AB150,17,22 (b) The agreement contains the provisions specified in sub. (3) (a) to (c).

AB150,18,3 (c) The agreement is signed by all parties to the agreement including the parent and child, if 12 years of age or over. If a parent who is under 12 years of age or other 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 parent or other relative shall sign the agreement on behalf of the parent or other relative.

AB150,18,10 (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.

AB150,18,15 (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.

AB150,18,20 (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.

AB150,18,22 (g) The court determines that the relative will not undermine the guardian or adoptive parent's or parents' relationship with the child.

AB150,19,3 (h) 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:

AB150,19,7 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.

AB150,19,10 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.

AB150,19,12 3. The specific terms of the agreement and the likelihood that the parties will cooperate in complying with the agreement.

AB150,19,15 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.

AB150,19,18 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).

AB150,20,4 (5) 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) (h), 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.

AB150,20,11 (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.

AB150,20,20 (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) (h); 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.

AB150,20,23 (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.

AB150,21,8 (6) 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) (h), the court shall, without a hearing, approve the termination or modification of the agreement.

AB150,21,17 (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) (h), 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.

AB150,21,24 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.

AB150,22,15 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) (h), 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.

Note: This Section creates a statutory section to govern posttermination contact privileges, specifying who may enter into such an agreement, what must be included in the agreement, the conditions for the juvenile court's approval of such an agreement, and the procedures for enforcement, modification, or termination of such an agreement.

AB150,24 Section 24. 48.43 (2) (d) of the statutes is created to read:

AB150,22,18 48.43 (2) (d) A court may approve a posttermination contact agreement under s. 48.429.

Note: This Section specifies that although a TPR order permanently severs all legal rights and duties between the parent and child, the juvenile court may approve a posttermination contact agreement.

AB150,25 Section 25. 48.83 (1) of the statutes is amended to read:

AB150,23,7 48.83 (1) Except as provided in s. 48.028 (3) (b), the court of the county where the proposed adoptive parent or child resides and the court of the county where the termination of parental rights petition was filed under s. 48.42, upon the filing of a petition for adoption or for the adoptive placement of a child, has have jurisdiction over the child until the petition is withdrawn, denied, or granted. Venue shall for a petition for adoption may be in the county where the proposed adoptive parent or child resides at the time the petition is filed or in the county where the termination of parental rights petition was filed under s. 48.42. The court may transfer the case to a court in the county in which the proposed adoptive parents reside.

Note: This Section extends jurisdiction over and venue for an adoption petition to the juvenile court in the county where the TPR petition was filed.

AB150,26 Section 26 . 48.837 (1r) (c) of the statutes is amended to read:

AB150,23,18 48.837 (1r) (c) The department, a county department under s. 48.57 (1) (e) or (hm), or a child welfare agency licensed under s. 48.60 may place a child under par. (a) in the home of a proposed adoptive parent or parents who reside outside this state if the placement is made in compliance with s. 48.98, 48.988, or 48.99, whichever is applicable, if the home meets the criteria established by the laws of the state where the proposed adoptive parent or parents reside for a preadoptive placement of a child in the home of a nonrelative, and if an appropriate agency in that state has completed an investigation of the home as required under s. 48.88 (2) (a) and filed a report and recommendation concerning the home with the department, county department, or licensed child welfare agency.

AB150,27 Section 27 . 48.88 (2) (a) (intro.) of the statutes is amended to read:

AB150,24,2 48.88 (2) (a) (intro.) Except as provided under pars. (ag) and, (c), and (d), when a petition to adopt a child is filed, the court shall order an investigation to determine whether the child is a proper subject for adoption and whether the petitioner's home is suitable for the child. The court shall order one of the following to conduct the investigation:

AB150,28 Section 28 . 48.88 (2) (d) of the statutes is created to read:

AB150,24,5 48.88 (2) (d) An investigation to determine whether the petitioner's home is suitable for the child is not required if all of the following apply:

AB150,24,7 1. The petitioner's home is a foster home that is certified to provide level 2 care, as defined in the rules promulgated under s. 48.62 (8) (a).

AB150,24,10 2. The petitioner is licensed to operate his or her home as a foster home that is certified to provide level 2 care, as defined in the rules promulgated under s. 48.62 (8) (a), and this license is effective at the time the adoption petition is filed.

AB150,24,12 3. The petitioner has never had a license to operate a foster home revoked or suspended.

AB150,24,15 4. The child who is the subject of the adoption petition has resided in the petitioner's home for 12 consecutive months or more immediately prior to the filing of the adoption petition.

AB150,24,18 5. The foster home investigation was conducted in accordance with standards established by the department for investigating a foster home that will be converting into an adoptive home.

Note: Sections 26 , 27, and 28 eliminate the requirement that a home study be conducted for purposes of an adoption if all of the following apply: 1) the proposed adoptive parent's home is a foster home certified to provide level 2 care; 2) the proposed adoptive parent is licensed to operate his or her home as foster home certified to provide level 2 care and the license is effective at the time the adoption petition is filed; 3) the proposed adoptive parent has never had a license to operate a foster home revoked or suspended; 4) the child to be adopted has resided in the home for 12 consecutive months or more immediately prior to the filing of the adoption petition; and 5) the foster home investigation was conducted in accordance with standards established by DCF for investigating a foster home that will be converting into an adoptive home.

AB150,29 Section 29. 48.92 (2) of the statutes is amended to read:

AB150,25,12 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.

Note: This Section specifies that although an adoption order extinguishes all rights, duties, and legal consequences of a child's relationship with a birth parent and all birth relatives, the juvenile court may approve a posttermination contact agreement.

AB150,30 Section 30 . 48.93 (1d) of the statutes is amended to read:

AB150,25,17 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), (1m), (1r), or (1v), or (2) (a), 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.

AB150,31 Section 31 . 48.93 (1m) of the statutes is created to read:

AB150,26,2 48.93 (1m) If an adoptive parent or proposed adoptive parent of a child consents, the court or the agency that placed the child for adoption in the home of the adoptive parent or proposed adoptive parent may disclose the name and last-known address of the adoptive parent or proposed adoptive parent to an agency that is determining the availability of an adoptive placement for a sibling of the child under s. 48.38 (4) (br), 48.834 (2), or 938.38 (4) (br).

Note: Sections 30 and 31 permit records and papers pertaining to an adoption proceeding to be disclosed for purposes of determining the availability of a placement for a child with an adoptive parent or proposed adoptive parent of a sibling of the child.

AB150,32 Section 32 . 48.93 (2) of the statutes is renumbered 48.93 (2) (b) and amended to read:

AB150,26,8 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.

AB150,33 Section 33 . 48.93 (2) (a) of the statutes is created to read:

AB150,26,19 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.

AB150,27,5 2. The petition shall allege facts showing good cause for granting the relief requested. The petitioner 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.

Note: Sections 32 and 33 authorize a proposed adoptive parent who is the subject of a home study to request the agency conducting the study to disclose its report to another agency authorized to place children for adoption, the state adoption information exchange, or the state adoption center, unless, upon petition, the juvenile court finds that disclosure should be restricted, deferred, or disallowed.

AB150,34 Section 34. 938.02 (1) of the statutes is renumbered 938.02 (1g).

AB150,35 Section 35. 938.02 (1c) of the statutes is created to read:

AB150,27,9 938.02 (1c) "Adoption under tribal law or custom" has the meaning given in s. 48.02 (1c).