AB150,25,12
148.92
(2) After the order of adoption is entered the relationship of parent and
2child between the adopted person and the adopted person's birth parents and the
3relationship between the adopted person and all persons whose relationship to the
4adopted person is derived through those birth parents shall be completely altered
5and all the rights, duties, and other legal consequences of those relationships shall
6cease to exist, unless the birth parent is the spouse of the adoptive parent, in which
7case those relationships shall be completely altered and those rights, duties, and
8other legal consequences shall cease to exist only with respect to the birth parent who
9is not the spouse of the adoptive parent and all persons whose relationship to the
10adopted person is derived through that birth parent. Notwithstanding the extinction
11of all parental rights under this subsection, a court may
approve a posttermination
12contact 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
13Section
30
. 48.93 (1d) of the statutes is amended to read:
AB150,25,1714
48.93
(1d) All records and papers pertaining to an adoption proceeding shall
15be kept in a separate locked file and may not be disclosed except under sub. (1g),
(1m), 16(1r),
or (1v)
, or (2) (a), s. 48.432, 48.433, 48.434, 48.48 (17) (a) 9.
, or 48.57 (1) (j), or
17by order of the court for good cause shown.
AB150,31
18Section
31
. 48.93 (1m) of the statutes is created to read:
AB150,26,219
48.93
(1m) If an adoptive parent or proposed adoptive parent of a child
20consents, the court or the agency that placed the child for adoption in the home of the
21adoptive parent or proposed adoptive parent may disclose the name and last-known
22address of the adoptive parent or proposed adoptive parent to an agency that is
1determining the availability of an adoptive placement for a sibling of the child under
2s. 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
3Section
32
. 48.93 (2) of the statutes is renumbered 48.93 (2) (b) and amended
4to read:
AB150,26,85
48.93
(2) (b) All correspondence and papers
, relating to the investigation
,
6which that are not a part of the court record, except those in the custody of agencies
7authorized to place children for adoption
, shall be transferred to the department and
8placed in its closed files.
AB150,33
9Section
33
. 48.93 (2) (a) of the statutes is created to read:
AB150,26,1910
48.93
(2) (a) 1. A proposed adoptive parent whose home is the subject of an
11investigation under s. 48.837 (1r) (c) or (4) (c) or 48.88 (2) (a) may request the agency
12conducting the investigation to disclose its report of the investigation to any other
13agency authorized to place children for adoption, to the state adoption information
14exchange under s. 48.55, or to the state adoption center under s. 48.55. Within 10
15days after receipt of the request, the agency shall disclose the report to the person
16named in the request, unless within those 10 days the agency petitions the court for
17an order permitting the agency not to disclose the report, to restrict the information
18to be disclosed, or to defer disclosure of the report to a later date or for such other
19appropriate relief as the agency may request.
AB150,27,520
2. The petition shall allege facts showing good cause for granting the relief
21requested. The petitioner shall provide notice of the petition to the proposed adoptive
22parents and the person to whom disclosure of the report was requested. If any party
23receiving notice objects to the petition, the court shall hold a hearing to take evidence
1relating to the relief requested in the petition. If the court determines that there is
2good cause to grant the relief requested, the court shall grant such relief as the court
3may consider appropriate. If the court determines that there is not good cause to
4grant the relief requested, the court shall order the petitioner to disclose the report
5within 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
6Section
34. 938.02 (1) of the statutes is renumbered 938.02 (1g).
AB150,35
7Section
35. 938.02 (1c) of the statutes is created to read:
AB150,27,98
938.02
(1c) "Adoption under tribal law or custom" has the meaning given in s.
948.02 (1c).
Note: This Section provides a definition in the Juvenile Justice Code for an
"adoption under tribal law or custom."
AB150,36
10Section
36. 938.028 (2) (f) of the statutes is created to read:
AB150,27,1211
938.028
(2) (f) "Suspension of parental rights" has the meaning given in s.
1248.028 (2) (i).
Note: This Section provides a definition in the Juvenile Justice Code for a
"suspension of parental rights" ordered by a tribal court.
AB150,37
13Section
37. 938.028 (3) (f) of the statutes is amended to read:
AB150,27,1914
938.028
(3) (f)
Full faith and credit. The state shall give full faith and credit
15to the public acts, records, and judicial proceedings of any Indian tribe that are
16applicable to an Indian juvenile custody proceeding
, including a proceeding for a
17suspension of parental rights or an adoption under tribal law or custom, to the same
18extent that the state gives full faith and credit to the public acts, records, and judicial
19proceedings of any other governmental entity.
Note: This Section specifies that a state court, under the Juvenile Justice Code,
must accord full faith and credit to a tribal court's order for a suspension of parental rights
or an adoption under tribal law or custom.
AB150,38
1Section
38. 938.255 (1) (c) of the statutes is amended to read:
AB150,28,52
938.255
(1) (c) Whether the juvenile is in custody and, if so, the place where the
3juvenile is being held and the time he or she was taken into custody unless there is
4reasonable cause to believe that such disclosures
would result in imminent danger
5to the juvenile or physical custodian are not in the best interests of the juvenile.
Note: This Section makes the same changes in the Juvenile Justice Code as
Section 7 makes to the parallel provision of the Children's Code.
AB150,39
6Section
39
. 938.33 (5) of the statutes is renumbered 938.33 (5) (a) and
7amended to read:
AB150,28,158
938.33
(5) (a) If the report recommends placement in a foster home, and the
9name of the foster parent is not available at the time the report is filed, the agency
10shall provide the court and the juvenile's parent or guardian with the name and
11address of the foster parent within 21 days after the dispositional order is entered
,
12except that the court may order the information withheld from the juvenile's parent
13or guardian if the court finds that disclosure would result in imminent danger to the
14juvenile or to the foster parent. After notifying the juvenile's parent or guardian, the
15court shall hold a hearing prior to ordering the information withheld.
AB150,40
16Section
40
. 938.33 (5) (b) of the statutes is created to read:
AB150,28,2217
938.33
(5) (b) If the report recommends that a juvenile be placed outside of his
18or her home, the court may order the name and address of the out-of-home
19placement to be withheld from the juvenile's parent or guardian if the court finds that
20disclosure of the name and address of the placement is not in the best interests of the
21juvenile. After notifying the juvenile's parent or guardian, the court shall hold a
22hearing prior to ordering that the information be withheld.
Note: Sections 39 and 40 make the same changes to the Juvenile Justice Code as
Sections 8 and 9 make to the parallel provisions of the Children's Code.
AB150,41
1Section
41
. 938.355 (2) (b) 2. of the statutes is amended to read:
AB150,29,112
938.355
(2) (b) 2.
If Except as provided in subd. 2g., if the juvenile is placed
3outside the home, the name of the place or facility, including transitional placements,
4where the juvenile shall be cared for or treated, except that if the placement is a foster
5home and the name and address of the foster parent is not available at the time of
6the order, the name and address of the foster parent shall be furnished to the court
7and the parent within 21 days after the order.
If, after a hearing on the issue with
8due notice to the parent or guardian, the court finds that disclosure of the identity
9of the foster parent would result in imminent danger to the juvenile or the foster
10parent, the court may order the name and address of the prospective foster parents
11withheld from the parent or guardian.
AB150,42
12Section
42
. 938.355 (2) (b) 2g. of the statutes is created to read:
AB150,29,1813
938.355
(2) (b) 2g. If the juvenile is placed outside the home, the court may
14order the name and address of the placement to be withheld from the juvenile's
15parent or guardian if the court finds that disclosure of the name and address of the
16placement is not in the best interests of the juvenile. After notifying the juvenile's
17parent or guardian, the court shall hold a hearing prior to ordering that the
18information be withheld.
Note: Sections 41 and 42 make the same changes to the Juvenile Justice Code as
Sections 10 and 11 make to the parallel provisions of the Children's Code.
AB150,43
19Section
43
. 938.357 (1) (am) 1. of the statutes is amended to read:
AB150,30,1020
938.357
(1) (am) 1.
If Except as provided in subd. 1r., if the proposed change
21in placement involves any change in placement other than a change in placement
22under par. (c), the person or agency primarily responsible for implementing the
1dispositional order or the district attorney shall cause written notice of the proposed
2change in placement to be sent to the juvenile, the parent, guardian, and legal
3custodian of the juvenile, and any foster parent or other physical custodian described
4in s. 48.62 (2) of the juvenile. If the juvenile is an Indian juvenile who has been
5removed from the home of his or her parent or Indian custodian under s. 938.13 (4),
6(6), (6m), or (7), written notice shall also be sent to the Indian juvenile's Indian
7custodian and tribe. The notice shall contain the name and address of the new
8placement, the reasons for the change in placement, a statement describing why the
9new placement is preferable to the present placement, and a statement of how the
10new placement satisfies objectives of the treatment plan ordered by the court.
AB150,44
11Section
44
. 938.357 (1) (am) 1r. of the statutes is created to read:
AB150,30,2512
938.357
(1) (am) 1r. If the person or agency primarily responsible for
13implementing the dispositional order or the district attorney reasonably believes
14that withholding the name and address of the new placement is in the best interests
15of the juvenile, the person or agency primarily responsible for implementing the
16dispositional order or the district attorney may cause written notice of the proposed
17change in placement under subd. 1. to be sent to the juvenile's parent or guardian
18without disclosure of the name and address of the new placement. The court shall
19hold a hearing to determine whether withholding the name and address of the
20placement is in the best interests of the child with due notice to the juvenile's parent
21or guardian, and if the juvenile is an Indian juvenile, the Indian juvenile's Indian
22custodian and tribe. If, after a hearing on the issue, the court finds that withholding
23the name and address of the new placement is not in the best interests of the juvenile,
24the court shall order the name and address to be disclosed to the parent or guardian,
25and if the juvenile is an Indian juvenile, his or her parent or Indian custodian.
Note: Sections 43 and 44 make the same changes to the Juvenile Justice Code as
Sections 12 and 13 make to the parallel provisions of the Children's Code.
AB150,45
1Section
45
. 938.357 (1) (c) 2. of the statutes is amended to read:
AB150,31,102
938.357
(1) (c) 2. The court shall hold a hearing prior to ordering a change in
3placement requested under subd. 1.
At Except as provided in subd. 2g., at least 3
4days prior to the hearing, the court shall provide notice of the hearing, together with
5a copy of the request for the change in placement, to the juvenile, the parent,
6guardian, and legal custodian of the juvenile, all parties that are bound by the
7dispositional order, and, if the juvenile is an Indian juvenile who is in need of
8protection or services under s. 938.13 (4), (6), (6m), or (7), the Indian juvenile's Indian
9custodian and tribe. Subject to subd. 2r., if all parties consent, the court may proceed
10immediately with the hearing.
AB150,46
11Section
46
. 938.357 (1) (c) 2g. of the statutes is created to read:
AB150,31,1812
938.357
(1) (c) 2g. The court may order the name and address of the requested
13change in placement to be withheld from the juvenile's parent or guardian, and if the
14juvenile is an Indian juvenile, his or her parent or Indian custodian, if the court finds
15that disclosure of the name and address of the placement is not in the best interests
16of the juvenile. After notifying the juvenile's parent or guardian, and if the juvenile
17is an Indian juvenile, the Indian juvenile's parent or Indian custodian, the court shall
18hold a hearing prior to ordering that the information be withheld.
Note: Sections 45 and 46 make the same changes to the Juvenile Justice Code as
Sections 14 and 15 make to the parallel provisions of the Children's Code.
AB150,47
19Section
47
. 938.357 (2m) (b) of the statutes is amended to read:
AB150,32,1320
938.357
(2m) (b)
Hearing; when required. The court shall hold a hearing prior
21to ordering any change in placement requested or proposed under par. (a) if the
22request states that new information is available that affects the advisability of the
1current placement. A hearing is not required if the requested or proposed change in
2placement does not involve a change in placement of a juvenile placed in the
3juvenile's home to a placement outside the juvenile's home, written waivers of
4objection to the proposed change in placement are signed by all parties entitled to
5receive notice under this paragraph, and the court approves. If a hearing is
6scheduled, not less than 3 days before the hearing the court shall notify the juvenile,
7the parent, guardian, and legal custodian of the juvenile, any foster parent or other
8physical custodian described in s. 48.62 (2) of the juvenile, all parties who are bound
9by the dispositional order, and, if the juvenile is an Indian juvenile who is in need of
10protection or services under s. 938.13 (4), (6), (6m), or (7), the Indian juvenile's Indian
11custodian and tribe.
A Except as provided in par. (bg), a copy of the request or
12proposal for the change in placement shall be attached to the notice. Subject to par.
13(br), if all of the parties consent, the court may proceed immediately with the hearing.
AB150,48
14Section
48
. 938.357 (2m) (bg) of the statutes is created to read:
AB150,32,2015
938.357
(2m) (bg) The court may order that the name and address of the new
16placement be withheld from the parent or guardian if the court finds that disclosure
17of the name and address of the new placement is not in the best interests of the
18juvenile. After notifying the juvenile's parent or guardian, and if the juvenile is an
19Indian juvenile, the Indian juvenile's Indian custodian and tribe, the court shall hold
20a hearing prior to ordering that the information be withheld.
Note: Sections 47 and 48 make the same changes to the Juvenile Justice Code as
Sections 16 and 17 make to the parallel provisions of the Children's Code.
AB150,49
21Section
49. 938.38 (4) (fg) 2. of the statutes is amended to read:
AB150,32,2322
938.38
(4) (fg) 2. Placement of the juvenile for adoption
, including placement
23for adoption under tribal law or custom.
Note: This Section provides that, if a juvenile's permanency plan in an Indian
juvenile custody proceeding in state court includes the goal of placement for adoption,
that goal may include placement for adoption under tribal law or custom.
AB150,50
1Section
50.
Initial applicability.
AB150,33,5
2(1)
Posttermination contact agreements. The treatment of sections 48.425 (1)
3(h), 48.426 (3) (c), 48.428 (6) (a) and (b), 48.429, 48.43 (2) (d), and 48.92 (2) of the
4statutes first applies to a termination of parental rights petition filed on the effective
5date of this subsection.
Note: This subsection specifies that the provisions of the bill relating to a
posttermination contact agreement first apply to a TPR petition filed on the effective date
of the bill.
AB150,33,66
(2)
Disclosure of name and address of out-of-home placements.
AB150,33,127
(a)
Original petition. The treatment of sections 48.255 (1) (c), 48.355 (2) (b) 2.
8and 2g., 938.255 (1) (c), and 938.355 (2) (b) 2. and 2g. of the statutes, the renumbering
9and amendment of sections 48.33 (5) and 938.33 (5) of the statutes, and the creation
10of sections 48.33 (5) (b) and 938.33 (5) (b) of the statutes first apply to a petition filed
11under section 48.13, 938.12, 938.125, or 938.13 of the statutes on the effective date
12of this paragraph.
AB150,33,1613
(b)
Change-in-placement petition. The treatment of sections 48.357 (1) (am)
141. and 1r. and (c) 2. and 2g. and (2m) (b) and (bg) and 938.357 (1) (am) 1. and 1r. and
15(c) 2. and 2g. and (2m) (b) and (bg) of the statutes first applies to a request for a change
16in placement filed on the effective date of this paragraph.
Note: This subsection specifies that the disclosure provisions related to the name
and address of an out-of-home placement that are included in the CHIPS petition,
petition filed under the Juvenile Justice Code court report, or dispositional order are
prospective as they apply to a petition filed on or after the effective date of the bill.
Similarly, the disclosure provisions related to a requested change in placement apply to
a request for a change in placement that is filed on or after the effective date of the bill.
AB150,34,3
1(3)
Home studies of an adoptive parent. The treatment of sections 48.837 (1r)
2(c) and 48.88 (2) (a) (intro.) and (d) of the statutes first applies to an adoption petition
3filed on the effective date of this subsection.
Note: This subsection specifies that the provisions of the bill specifying when a
home study of a proposed adoptive parent is not required are prospective as they apply
to an adoption petition filed on or after the effective date of the bill.
AB150,34,6
4(4)
Disclosure of last-known address of an adoptive parent or proposed
5adoptive parent. The treatment of section 48.93 (1m) of the statutes first applies to
6an adoption petition filed on the effective date of this subsection.
Note: This subsection specifies that the provision of the bill permitting the
disclosure of records and papers pertaining to an adoption for purposes of determining
the availability of a placement for a sibling of an adopted child with an adoptive parent
or proposed adoptive parent applies to an adoption petition filed on or after the effective
date of the bill.
AB150,34,98
(1) This act takes effect on the first day of the 6th month beginning after
9publication.
Note: This Section delays the effective date of the bill until the first day of the 6th
month following publication.