LRB-3542/1
GMM:kjf:jf
2013 - 2014 LEGISLATURE
December 20, 2013 - Introduced by Representatives Kleefisch, Johnson, Tittl,
Goyke, Sanfelippo, Kessler, Spiros, Hesselbein, Zepnick, Thiesfeldt,
Milroy, Kulp, T. Larson, A. Ott, Berceau, Ohnstad, Ringhand, Vruwink,
Sinicki, Bies, Richards, Pridemore, LeMahieu, Kaufert and Wright,
cosponsored by Senators Leibham, Harris, Lassa, Miller, Lehman and
Carpenter. Referred to Committee on Family Law.
AB581,1,7
1An Act to amend 48.825 (1) (a), 48.825 (2) (a), 48.825 (2) (b), 48.825 (2) (c), 48.825
2(3) (a), 48.825 (3) (e), 48.979 (1) (a) and 48.979 (2); and
to create 48.979 (1) (am),
348.979 (1m) and 948.25 of the statutes;
relating to: advertising related to
4adoption or other permanent physical placements of a child, delegation of
5parental power regarding the care and custody of a child for more than one year,
6unauthorized interstate placements of children, requesting a study of adoption
7disruption and dissolution, and providing penalties.
Analysis by the Legislative Reference Bureau
Introduction
This bill makes various changes relating to advertising related to adoption or
other permanent physical placements of a child, delegation of parental power
regarding the care and custody of a child for more than one year, and unauthorized
interstate placements of children. The bill also requests the Joint Legislative
Council (JLC) to study adoption disruption and dissolution in this state.
Advertising related to adoption or other permanent physical placements
Under current law, subject to certain exceptions, no person may communicate
by any public medium that originates within this state, including by newspaper,
periodical, telephone book listing, outdoor advertising sign, radio, or television: 1)
for the purpose of finding a child to adopt; 2) that the person will find an adoptive
home for a child or arrange for or assist in the adoption of adoptive placement of a
child; or 3) that the person will place a child for adoption (advertising related to
adoption). That prohibition, however, does not apply to the Department of Children
and Families (DCF), a county department of human services or social services that
is authorized to place children for adoption (county department), or a child welfare
agency that is licensed to place children for adoption; the State Adoption Information
Exchange or the State Adoption Center; a foster care and adoption resource center
or a postadoption resource center funded by this state; an individual who has
received a favorable recommendation regarding his or her fitness to be an adoptive
parent from DCF, a county department, a child welfare agency, or an entity of another
jurisdiction that is authorized to conduct adoption home studies; or an individual
seeking to place his or her own child for adoption.
This bill expands the prohibition against advertising related to adoption to
include communicating by any computerized communication system, including by
electronic mail, Internet site, Internet profile, or any similar medium of
communication provided via the Internet.
The bill also expands the prohibition against advertising related to adoption to
prohibit a person from advertising: 1) for the purpose of finding a child to otherwise
take into permanent physical custody; 2) that the person will find any other
permanent physical placement for a child or arrange for or assist in any other
permanent physical placement of a child; or 3) that the person will place a child in
any other permanent physical placement.
In addition, the bill limits the current exception to the prohibition against
advertising related to adoption that permits an individual seeking to place his or her
own child for adoption to permit such an individual to advertise for adoption only if
the child is under one year of age.
Delegation of parental powers
Under current law, subject to certain exceptions, a parent who has legal custody
of a child may, by a properly executed power of attorney, delegate to an agent, for no
longer than one year, any of his or her powers regarding the care and custody of the
child (parental powers).
This bill permits a parent who has legal custody of a child, by a properly
executed power of attorney, to delegate to an agent, for longer than one year, any of
his or her parental powers, but only if the court assigned to exercise jurisdiction
under the Children's Code (juvenile court) approves that delegation.
Under the bill, a parent who wishes to delegate his or her parental powers to
an agent for longer than one year, the agent to whom the parent wishes to delegate
those powers, or an organization that is facilitating that delegation must file a
petition with the juvenile court requesting the court's approval of that delegation.
The petition must have a draft copy of the power of attorney delegating those powers
attached to the petition and must state, among other things, all of the following: 1)
the relationship of the agent to the child; 2) whether the parent wishes to delegate
to the agent full parental power or partial parental power and, if the parent wishes
to delegate partial parental power, the specific powers that the parent wishes to
delegate and any limitations on those powers; 3) the proposed term of the delegation
of parental powers, the reasons for the delegation of parental powers, and whether
the parent proposes to provide any support to the agent during that term; and 4) facts
and circumstances showing that the delegation of parental powers would be in the
best interests of the child and that the person nominated as agent is fit, willing, and
able to exercise those powers.
The juvenile court must hold a hearing on a petition requesting the court's
approval of a proposed delegation of parental powers. In determining the
appropriate disposition of such a petition, the juvenile court must consider the best
interests of the child as the prevailing factor and must also consider whether the
person nominated as agent would be fit, willing, and able to exercise the parental
powers to be delegated, the reasons for the delegation of parental powers, and the
amount of support that the parent is willing and able to provide to the agent during
the term of the delegation of parental powers. If the juvenile court determines that
the proposed delegation of parental powers is in the best interests of the child, the
juvenile court may approve the proposed delegation of parental powers and may also
designate an amount of support to be paid by the child's parents to the agent. If the
juvenile court approves the proposed delegation of parental powers, the parent and
the person nominated as agent may execute a power of attorney delegating those
powers as approved by the juvenile court.
Under the bill, any person who delegates his or her powers regarding the care
and custody of a child for longer than one year without first obtaining the approval
of the juvenile court is subject to a fine not to exceed $10,000 or imprisonment not
to exceed nine months, or both.
Unauthorized interstate placements of children
Under current law, the Interstate Compact on the Placement of Children and
certain other statutory provisions govern the interstate placement of children.
This bill prohibits any person from sending a child out of this state, bringing
a child into this state, or causing a child to be sent out of this state or brought into
this state for the purpose of permanently transferring physical custody of the child
to a person who is not a relative of the child. A person who violates that prohibition
is subject to a fine not to exceed $10,000 or imprisonment not to exceed nine months,
or both. That prohibition, however, does not apply to a placement of a child that is
authorized under the Interstate Compact on the Placement of Children or any other
statutory provisions governing the interstate placement of children or a placement
of a child that is approved by a court of competent jurisdiction of the sending state
or receiving state.
Study of adoption disruption and dissolution
Finally, the bill requests the JLC to study adoption disruption and dissolution
in this state. If the JLC undertakes such a study, the JLC must do all of the following:
1) study the extent of adoption disruption and dissolution in this state and the efforts
by DCF, counties, and child welfare agencies to prevent such disruption and
dissolution; 2) recommend legislation to define adoption disruption and adoption
dissolution, to prevent adoption disruption and adoption dissolution in this state, to
require DCF, county departments, and child welfare agencies to track and report on
disrupted or dissolved adoptions; 3) consider legislative options to prepare
prospective adoptive parents for adoption and to support adoptive parents after an
adoption; and 4) submit its findings, conclusions, and recommendations to the 2015
legislature when it commences.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB581,1
1Section
1. 48.825 (1) (a) of the statutes is amended to read:
AB581,4,62
48.825
(1) (a) "Advertise" means to communicate by any public medium that
3originates within this state, including by newspaper, periodical, telephone book
4listing, outdoor advertising sign, radio
, or television
, or by any computerized
5communication system, including by electronic mail, Internet site, Internet profile,
6or any similar medium of communication provided via the Internet.
AB581,2
7Section
2. 48.825 (2) (a) of the statutes is amended to read:
AB581,4,98
48.825
(2) (a) Advertise for the purpose of finding a child to adopt
or to
9otherwise take into permanent physical custody.
AB581,3
10Section
3. 48.825 (2) (b) of the statutes is amended to read:
AB581,4,1311
48.825
(2) (b) Advertise that the person will find an adoptive home
or any other
12permanent physical placement for a child or arrange for or assist in the adoption
or, 13adoptive placement
, or any other permanent physical placement of a child.
AB581,4
14Section
4. 48.825 (2) (c) of the statutes is amended to read:
AB581,4,1615
48.825
(2) (c) Advertise that the person will place a child for adoption
or in any
16other permanent physical placement.
AB581,5
17Section
5. 48.825 (3) (a) of the statutes is amended to read:
AB581,5,3
148.825
(3) (a) The department, a county department
, or a child welfare agency
2licensed under s. 48.60 to place children for adoption
, in licensed foster homes or
3group homes, or in the homes of guardians under s. 48.977 (2).
AB581,6
4Section
6. 48.825 (3) (e) of the statutes is amended to read:
AB581,5,65
48.825
(3) (e) An individual seeking to place his or her child
under one year of
6age for adoption.
AB581,7
7Section
7. 48.979 (1) (a) of the statutes is amended to read:
AB581,5,168
48.979
(1) (a) A parent who has legal custody of a child, by a power of attorney
9that is properly executed by all parents who have legal custody of the child, may
10delegate to an agent,
for a period not to exceed one year as provided in par. (am), any
11of his or her powers regarding the care and custody of the child, except the power to
12consent to the marriage or adoption of the child, the performance or inducement of
13an abortion on or for the child, the termination of parental rights to the child, or the
14enlistment of the child in the U.S. armed forces. A delegation of powers under this
15paragraph does not deprive the parent of any of his or her powers regarding the care
16and custody of the child.
AB581,8
17Section
8. 48.979 (1) (am) of the statutes is created to read:
AB581,5,2118
48.979
(1) (am) A delegation of powers to an agent under par. (a) may remain
19in effect for no longer than one year, except that such a delegation may remain in
20effect for longer than one year if the delegation is approved by the court as provided
21in sub. (1m).
AB581,9
22Section
9. 48.979 (1m) of the statutes is created to read:
AB581,6,523
48.979
(1m) (a) A parent who wishes a delegation of powers to an agent under
24sub. (1) (a) to remain in effect for longer than one year, the agent to whom the parent
25wishes to delegate those powers, or an organization that is facilitating that
1delegation shall file a petition with the court requesting the court's approval of that
2delegation. The petition shall be entitled "In the interest of .... (child's name), a
3person under the age of 18." The petitioner shall attach a draft copy of the power of
4attorney delegating those powers to the petition and shall state in the petition all of
5the following:
AB581,6,76
1. The name, address, and date of birth of the child who is the subject of the
7delegation of powers.
AB581,6,88
2. The names and addresses of the parents of the child.
AB581,6,109
3. The name and address of the person nominated as agent and the relationship
10of the agent to the child.
AB581,6,1511
4. Whether the parent wishes to delegate to the agent full parental power
12regarding the care and custody of the child or partial parental power regarding the
13care and custody of the child and, if the parent wishes to delegate partial parental
14power, the specific powers that the parent wishes to delegate and any limitations on
15those powers.
AB581,6,1816
5. The proposed term of the delegation of powers, the reasons for the delegation
17of powers, and whether the parent proposes to provide any support to the agent
18during that term. If so, the petition shall indicate the amount of that support.