Amendment ASA1-AB53

LRBs0258/3

GMM:jlg&kaf:hmh

1997 - 1998 LEGISLATURE

ASSEMBLY SUBSTITUTE AMENDMENT 1, TO 1997 ASSEMBLY BILL 53

October 30, 1997 - Offered by Committee on Children and Families.

AB53-ASA1,1,4 An Act to amend 20.435 (3) (jj), 48.427 (6) (a), 48.78 (2) (a), 48.93 (1d) and 69.15 (6) (b); and to create 48.434 of the statutes; relating to: disclosure of identifying information about birth siblings, granting rule-making authority and making an appropriation.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB53-ASA1, s. 1 Section 1. 20.435 (3) (jj) of the statutes is amended to read:

AB53-ASA1,2,2 20.435 (3) (jj) (title) Searches for birth parents and birth siblings and adoption record information; foreign adoptions. The amounts in the schedule for paying the cost of searches for birth parents under ss. 48.432 (4) and 48.433 (6), for paying the cost of searches for birth siblings and birth parents under s. 48.434 (6) and for paying the costs of reviewing, certifying and approving foreign adoption documents under s. 48.838 (2) and (3). All moneys received as fees paid by persons requesting a search under s. 48.432 (3) (c) or (4), 48.433 (6), 48.434 (6) or 48.93 (1r) and paid by persons for the review, certification and approval of foreign adoption documents under s. 48.838 (2) and (3) shall be credited to this appropriation.

AB53-ASA1, s. 2 Section 2. 48.427 (6) (a) of the statutes is amended to read:

AB53-ASA1,2,6 48.427 (6) (a) Inform each birth parent, as defined under s. 48.432 (1) (am), whose rights have been terminated of the provisions of ss. 48.432 and, 48.433 and 48.434.

AB53-ASA1, s. 3 Section 3. 48.434 of the statutes is created to read:

AB53-ASA1,2,9 48.434 Access to identifying information about siblings. (1) In this section:

AB53-ASA1,2,10 (a) "Agency" has the meaning given under s. 48.432 (1) (ag).

AB53-ASA1,2,15 (b) "Birth parent" means either the mother designated on a birth sibling's original birth certificate or the adjudicated father of a birth sibling or, if the birth sibling has no adjudicated father, the husband of the mother at the time the birth sibling is conceived or born, or when the parents of the birth sibling intermarry under s. 767.60.

AB53-ASA1,2,17 (c) "Birth sibling" means a brother or sister by birth or a half brother or half sister by birth.

AB53-ASA1,2,25 (2) (a) Any birth sibling 21 years of age or over with respect to whom the parental rights of one or both of his or her birth parents have been terminated in this state at any time, or who was adopted in this state with the consent of one or both of his or her birth parents before February 1, 1982, may file with the department or agency contracted with under sub. (11) an affidavit authorizing the department or agency to provide any available information about the birth sibling's identity and location to any person who requests that information and who meets all of the following criteria:

AB53-ASA1,3,2 1. The person is a brother or sister by birth or a half brother or half sister by birth of the birth sibling.

AB53-ASA1,3,3 2. The person is 21 years of age or over at the time of the request.

AB53-ASA1,3,5 (b) An affidavit filed under par. (a) may be revoked at any time by notifying the department or agency in writing.

AB53-ASA1,3,12 (2m) (a) Any birth parent whose parental rights to his or her child have been terminated in this state at any time, or who has consented to the adoption of his or her child in this state before February 1, 1982, may file with the department or agency contracted with under sub. (11) an affidavit authorizing the department or agency to provide any available information about the identity and location of that child to any person who requests that information and who meets all of the following criteria:

AB53-ASA1,3,14 1. The person is a brother or sister by birth or a half brother or half sister by birth of the child.

AB53-ASA1,3,15 2. The person is 21 years of age or over at the time of the request.

AB53-ASA1,3,17 (b) An affidavit filed under par. (a) may be revoked at any time by notifying the department or agency in writing.

AB53-ASA1,3,21 (3) Any person 21 years of age or over may request the department or agency contracted with under sub. (11) to provide the person with any available information about the identity and location of any of that person's birth siblings who meets all of the following criteria:

AB53-ASA1,3,22 (a) The birth sibling is 21 years of age or over at the time of the request.

AB53-ASA1,4,2 (b) The parental rights to the birth sibling of one or both of the birth parents of the birth sibling have been terminated in this state at any time or one or both of the birth parents of the birth sibling consented to the adoption of the birth sibling in this state before February 1, 1982.

AB53-ASA1,4,4 (4) Before acting on the request, the department or agency contracted with under sub. (11) shall require the requester to provide adequate identification.

AB53-ASA1,4,9 (5) The department or agency contracted with under sub. (11) shall disclose to the requester any information available concerning the identity and location of any of the requester's birth siblings who meets the criteria specified under sub. (3) (a) and (b) and who has filed an unrevoked affidavit under sub. (2) under the following circumstances:

AB53-ASA1,4,15 (a) 1. If both birth parents of the birth sibling who is the subject of the request have had their parental rights to the birth sibling terminated in this state at any time or have consented to the adoption of the birth sibling in this state before February 1, 1982, and are known to be alive, the department or agency contracted with under sub. (11) has on file unrevoked affidavits under sub. (2m) from both of those birth parents.

AB53-ASA1,4,23 2. If both birth parents of the birth sibling who is the subject of the request have had their parental rights to the birth sibling terminated in this state at any time or have consented to the adoption of the birth sibling in this state before February 1, 1982, and one of those birth parents is known to be alive and the other of those birth parents was unknown at the time of the proceeding for termination of parental rights or consent to adoption, the department or agency contracted with under sub. (11) has on file an unrevoked affidavit under sub. (2m) from the known birth parent of that birth sibling.

AB53-ASA1,5,7 3. If one birth parent of the birth sibling who is the subject of the request has had his or her parental rights to the birth sibling terminated in this state at any time or has consented to the adoption of the birth sibling in this state before February 1, 1982, and is known to be alive, and the other birth parent of the birth sibling has not had his or her parental rights to the birth sibling terminated in this state at any time or did not consent to the adoption of the birth sibling in this state before February 1, 1982, the department or agency contracted with under sub. (11) has on file an unrevoked affidavit under sub. (2m) from the birth parent who has had those parental rights terminated or who consented to that adoption.

AB53-ASA1,5,13 (b) 1. If both birth parents of the birth sibling who is the subject of the request have had their parental rights to the birth sibling terminated in this state at any time or have consented to the adoption of the birth sibling in this state before February 1, 1982, and are known to be deceased, the department or agency contracted with under sub. (11) has on file unrevoked affidavits under sub. (2m) or s. 48.433 (2) from both of those birth parents.

AB53-ASA1,5,21 2. If both birth parents of the birth sibling who is the subject of the request have had their parental rights to the birth sibling terminated in this state at any time or have consented to the adoption of the birth sibling in this state before February 1, 1982, and one of those birth parents is known to be deceased and the other of those birth parents was unknown at the time of the proceeding for termination of parental rights or consent to adoption, the department or agency contracted with under sub. (11) has on file an unrevoked affidavit under sub. (2m) or s. 48.433 (2) from the known birth parent of that birth sibling.

AB53-ASA1,6,5 3. If one birth parent of the birth sibling who is the subject of the request has had his or her parental rights to the birth sibling terminated in this state at any time or has consented to the adoption of the birth sibling in this state before February 1, 1982, and is known to be deceased, and the other birth parent of the birth sibling has not had his or her parental rights to the birth sibling terminated in this state at any time or did not consent to the adoption of the birth sibling in this state before February 1, 1982, the department or agency contracted with under sub. (11) has on file an unrevoked affidavit under sub. (2m) or s. 48.433 (2) from the birth parent who had had those parental rights terminated or who consented to that adoption.

AB53-ASA1,6,15 (c) If one birth parent of the birth sibling who is the subject of the request has had his or her parental rights to the birth sibling terminated in this state at any time or has consented to the adoption of the birth sibling in this state before February 1, 1982, and is known to be alive and the other birth parent of that birth sibling has had his or her parental rights to the birth sibling terminated in this state at any time or has consented to the adoption of the birth sibling in this state before February 1, 1982, and is known to be deceased, the department or agency contracted with under sub. (11) has on file an unrevoked affidavit filed under sub. (2m) from the birth parent who is known to be alive and has on file an unrevoked affidavit filed under sub. (2m) or s. 48.433 (2) from the birth parent who is known to be deceased.

AB53-ASA1,6,21 (d) If one birth parent of the birth sibling who is the subject of the request has not had his or her parental rights to the birth sibling terminated in this state at any time or did not consent to the adoption of the birth sibling in this state before February 1, 1982, and the other birth parent was unknown at the time of the proceeding for termination of parental rights or consent to adoption, the department or agency contracted with under sub. (11) shall disclose the requested information.

AB53-ASA1,7,15 (6) (a) If the department or agency contracted with under sub. (11) does not have on file an unrevoked affidavit under sub. (2) from each of the requester's known birth siblings who meet the criteria specified under sub. (3) (a) and (b) and an unrevoked affidavit under sub. (2m) from each birth parent of each of those birth siblings who has had his or her parental rights to any of those birth siblings terminated in this state at any time or who has consented to the adoption of any of those birth siblings in this state before February 1, 1982, the department or agency shall, within 3 months after the date of the original request, undertake a diligent search for each birth sibling who meets the criteria specified under sub. (3) (a) and (b) and who has not filed an unrevoked affidavit under sub. (2) and for each birth parent of each of those birth siblings who has had his or her parental rights to any of those birth siblings terminated in this state at any time or who has consented to the adoption of any of those birth siblings in this state before February 1, 1982, and who has not filed an unrevoked affidavit under sub. (2m). The search shall be completed within 6 months after the date of the request, unless the search falls within one of the exceptions established by the department by rule. If any information has been provided under sub. (5) about a particular birth sibling, the department or agency is not required to conduct a search for that birth sibling or for the birth parents of that birth sibling.

AB53-ASA1,7,18 (b) Employes of the department and any agency conducting a search under this subsection may not inform any person other than the birth sibling or birth parent who is the subject of the search of the purpose of the search.

AB53-ASA1,7,24 (c) The department or agency conducting the search shall charge the requester a reasonable fee for the cost of the search. When the department or agency determines that the fee will exceed $100 for any birth sibling or birth parent, the department or agency shall notify the requester. No fee in excess of $100 per birth sibling or birth parent may be charged unless the requester, after receiving notification under this paragraph, has given consent to proceed with the search.

AB53-ASA1,8,3 (7) (a) The department or agency conducting the search shall, upon locating a birth sibling or birth parent, make at least one verbal contact and notify the birth sibling or birth parent of all of the following:

AB53-ASA1,8,4 1. The nature of the information requested.

AB53-ASA1,8,5 2. The date of the request.

AB53-ASA1,8,8 3. The fact that the birth sibling has the right to file with the department or agency the affidavit under sub. (2) or that the birth parent has the right to file with the department or agency the affidavit under sub. (2m).

AB53-ASA1,8,12 (b) Within 3 working days after contacting a birth sibling or birth parent, the department or agency conducting the search shall send the birth sibling or birth parent a written copy of the information specified under par. (a) and a blank copy of the affidavit.

AB53-ASA1,8,15 (c) If the birth sibling or birth parent files the affidavit, the department or agency conducting the search shall disclose the requested information if permitted under sub. (5).

AB53-ASA1,8,19 (d) If the department or agency conducting the search has contacted a birth sibling or birth parent under this subsection, and the birth sibling or birth parent does not file the affidavit, the department or agency may not disclose the requested information regarding that birth sibling.

AB53-ASA1,8,22 (e) If, after a search under sub. (6) (a), a known birth sibling or a known birth parent cannot be located, the department or agency conducting the search may not disclose the requested information regarding that birth sibling.

AB53-ASA1,9,2 (f) The department or agency conducting a search under sub. (6) (a) may not contact a birth sibling or a birth parent again on behalf of the same requester until at least 12 months after the date of the previous contact. Further contacts with a birth sibling or a birth parent under this subsection on behalf of the same requester may be made only if 5 years have elapsed since the date of the last contact.

AB53-ASA1,9,6 (8) If a birth sibling is known to be deceased and has not filed an unrevoked affidavit under sub. (2), the department or agency contracted with under sub. (11) shall so inform the requester and shall disclose the requested information as permitted under sub. (5) (a) 1., 2. or 3., (b) 1., 2. or 3., (c) or (d), whichever is applicable.

AB53-ASA1,9,10 (8m) If the department or agency contracted with under sub. (11) may not disclose the information requested under sub. (3), the department or agency shall provide the requester with any nonidentifying social history information about any of the requester's birth siblings that the department or agency has on file.