Amendment ASA1-AB53

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.

AB53-ASA1,9,13 (9) The requester may petition the circuit court to order the department or agency contracted with under sub. (11) to disclose any information that may not be disclosed under this section. The court shall grant the petition for good cause shown.

AB53-ASA1,9,18 (10) Any person, including this state or any political subdivision of this state, who participates in good faith in any requirement of this section shall have immunity from any liability, civil or criminal, that results from that person's actions. In any proceeding, civil or criminal, the good faith of any person participating in the requirements of this section shall be presumed.

AB53-ASA1,9,20 (11) The department shall promulgate rules to implement this section and may contract with an agency to administer this section.

AB53-ASA1, s. 4 Section 4. 48.78 (2) (a) of the statutes is amended to read:

AB53-ASA1,9,25 48.78 (2) (a) No agency may make available for inspection or disclose the contents of any record kept or information received about an individual in its care or legal custody, except as provided under s. 48.371, 48.38 (5) (b) or (d), 48.432, 48.433, 48.434, 48.93 or 48.981 (7) or by order of the court.

AB53-ASA1, s. 5 Section 5. 48.93 (1d) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB53-ASA1,10,6 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) or (1r), s. 46.03 (29), 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.

AB53-ASA1, s. 6 Section 6. 69.15 (6) (b) of the statutes is amended to read:

AB53-ASA1,10,16 69.15 (6) (b) The state registrar shall register a new certificate created under this section and shall impound the original certificate or the certificate registered under sub. (5) and all correspondence, affidavits, court orders and other related materials and prohibit access except by court order or except by the state registrar for processing purposes or except when authorized under ss. s. 48.432 and, 48.433 or 48.434. The state registrar shall send a copy of any new certificate registered under this section to the local registrar who filed the original of the replaced certificate. Upon receipt of the copy, the local registrar shall destroy his or her copy of the replaced certificate and file the new certificate.

AB53-ASA1, s. 7 Section 7. Nonstatutory provisions; health and family services.

AB53-ASA1,10,24 (1) The authorized FTE positions for the department of health and family services are increased by 1.0 PR position, to be funded from the appropriation under section 20.435 (3) (jj) of the statutes, as affected by this act, for the purpose of performing searches for birth siblings, as defined in section 48.434 (1) (c) of the statutes, as created by this act, and birth parents, as defined in section 48.434 (1) (b) of the statutes, as created by this act, under section 48.434 (6) of the statutes, as created by this act.

AB53-ASA1, s. 8 Section 8. Initial applicability.

AB53-ASA1,11,4 (1) The treatment of section 48.434 of the statutes first applies to requests for access to identifying information about birth siblings, as defined in section 48.434 (1) (c) of the statutes, as created by this act, that are received by the department of health and family services on the effective date of this subsection.

AB53-ASA1, s. 9 Section 9. Effective date.

AB53-ASA1,11,7 (1) This act takes effect on January 1, 1998, or on the day after publication, whichever is later.

AB53-ASA1,11,8 (End)