AB150: Bill Text

AB150,934,15 48.38 (1) (a) "Agency" means the department of health and social services, the department of corrections, a county department or a licensed child welfare agency.

AB150, s. 2475 Section 2475 . 48.38 (3) (a) of the statutes, as affected by 1993 Wisconsin Acts 377, 385 and 491, is amended to read:

AB150,935,2 48.38 (3) (a) If the child is alleged to be delinquent and is being held in a secure detention facility, juvenile portion of a county jail or shelter care facility, and the agency intends to recommend that the child be placed in a secured correctional facility or the department of corrections intends to recommend that custody of the child be transferred to the department of corrections for participation in the youthful serious juvenile offender program, the agency is not required to submit the permanency plan unless the court does not accept the recommendation of the agency or the department of corrections. If the court places the child in any facility outside of the child's home other than a secured correctional facility, the agency shall file the permanency plan with the court within 60 days after the date of disposition.

AB150, s. 2476 Section 2476. 48.38 (3) (a) of the statutes, as affected by 1993 Wisconsin Acts 377, 385 and 491 and 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

AB150,935,13 48.38 (3) (a) If the child is alleged to be delinquent and is being held in a secure detention facility, juvenile portion of a county jail or shelter care facility, and the agency intends to recommend that the child be placed in a secured correctional facility or in the serious juvenile offender program, the agency is not required to submit the permanency plan unless the court does not accept the recommendation of the agency. If the court places the child in any facility outside of the child's home other than a secured correctional facility, the agency shall file the permanency plan with the court within 60 days after the date of disposition.

****Note: This is reconciled s. 48.38 (3) (a). This Section has been affected by drafts with the following LRB numbers: 2479/4 and 2481/3.

AB150, s. 2477 Section 2477. 48.38 (5m) of the statutes is repealed.

AB150, s. 2478 Section 2478. 48.39 of the statutes is amended to read:

AB150,935,20 48.39 Disposition by court bars criminal proceeding. Disposition by the court of any violation of state law coming within its jurisdiction under s. 48.12 bars any future criminal proceeding on the same matter in circuit court when the child reaches the age of 18 17. This section does not affect criminal proceedings in circuit court which were transferred under s. 48.18.

AB150, s. 2479 Section 2479. 48.396 (1) of the statutes is amended to read:

AB150,936,7 48.396 (1) Peace officers' records of children shall be kept separate from records of persons 18 or older adults. Peace officers' records of children shall not be open to inspection or their contents disclosed except under sub. (1m) or (5) or s. 48.293 or by order of the court. This subsection does not apply to the representatives of newspapers or other reporters of news who wish to obtain information for the purpose of reporting news without revealing the identity of the child involved, to the confidential exchange of information between the police and officials of the school attended by the child or other law enforcement or social welfare agencies or to children 16 or older who are transferred to the criminal courts.

AB150, s. 2480 Section 2480. 48.396 (2) (b) of the statutes is amended to read:

AB150,936,14 48.396 (2) (b) Upon request of the department of health and social services, the department of corrections or a federal agency to review court records for the purpose of monitoring and conducting periodic evaluations of activities as required by and implemented under 45 CFR 1355, 1356 and 1357, the court shall open those records for inspection by authorized representatives of the requesting department or federal agency.

AB150, s. 2481 Section 2481. 48.415 (1) (a) 2. of the statutes is amended to read:

AB150,936,19 48.415 (1) (a) 2. The child has been placed, or continued in a placement, outside the parent's home by a court order containing the notice required by s. 48.356 (2) and the parent has failed to visit or communicate with the child for a period of 6 3 months or longer; or

AB150, s. 2482 Section 2482. 48.415 (1) (a) 3. of the statutes is amended to read:

AB150,936,24 48.415 (1) (a) 3. The child has been left by the parent with a relative or other person, the parent knows or could discover the whereabouts of the child and the parent has failed to visit or communicate with the child for a period of one year 6 months or longer.

AB150, s. 2483 Section 2483. 48.415 (1) (b) of the statutes is amended to read:

AB150,937,5 48.415 (1) (b) Incidental or occasional contact between parent and child shall not preclude the court from finding that the parent has failed to visit or communicate with the child under par. (a) 2. or 3. The time periods under par. (a) 2. or 3. shall not include any periods during which the parent has been prohibited by judicial order from visiting or communicating with the child.

AB150, s. 2484 Section 2484. 48.415 (1) (c) of the statutes is amended to read:

AB150,937,10 48.415 (1) (c) A showing under par. (a) that abandonment has occurred may be rebutted by other evidence that the parent has not disassociated himself or herself from the child or relinquished made a voluntary effort to fulfill his or her responsibility for the child's care and well-being.

AB150, s. 2485 Section 2485. 48.415 (2m) of the statutes is created to read:

AB150,937,13 48.415 (2m) Continuing alcohol or other drug abuse. Continuing alcohol or other drug abuse may be established by a showing of all of the following:

AB150,937,19 (a) That the child has been adjudged to be in need of protection or services and placed, or continued in a placement, outside his or her home pursuant to one or more court orders under s. 48.345, 48.357, 48.363 or 48.365 containing the notice required by s. 48.356 (2) and the parent's abuse of alcohol or other drugs contributed to the court's decision to place the child, or continue the child's placement, outside his or her home.

AB150,937,23 (b) That a condition for the return of the child to the home is the parent's participation in alcohol or other drug abuse treatment and the agency responsible for the care of the child and the family has made a diligent effort to provide that treatment.

AB150,938,3 (c) That the child has been outside the home for a cumulative total period of 6 months or longer under those orders and the parent has failed to participate actively and voluntarily in that treatment and continues to abuse alcohol or other drugs.

AB150, s. 2486 Section 2486. 48.415 (5) (intro.) of the statutes is amended to read:

AB150,938,8 48.415 (5) Child abuse. (intro.) Child abuse may be established by a showing that the parent has exhibited a pattern of abusive behavior which is a substantial threat to the health of the child who is the subject of the petition and a showing of either of any of the following:

AB150, s. 2487 Section 2487. 48.415 (6) (a) (intro.) and 1. of the statutes are consolidated, renumbered 48.415 (6) (b) and amended to read:

AB150,938,18 48.415 (6) (b) Failure to assume parental responsibility may be established by a showing that a child is a nonmarital child who has not been adopted or whose parents have not subsequently intermarried under s. 767.60, that paternity was not adjudicated before the filing of the petition for termination of parental rights and: 1. The person or persons who may be the father of the child have been given notice under s. 48.42 but have failed to appear or otherwise submit to the jurisdiction of the court and that such person or persons have the parent or a person who may be the parent has never had a substantial parental relationship with the child; or.

AB150, s. 2488 Section 2488. 48.415 (6) (a) 2. of the statutes is repealed.

AB150, s. 2489 Section 2489. 48.415 (6) (b) of the statutes is renumbered 48.615 (6) (a) and amended to read:

AB150,938,24 48.615 (6) (a) In this subsection, "substantial parental relationship" means the acceptance and exercise of significant responsibility for the daily supervision, education, protection and care of the child.

AB150,939,9 (c) In evaluating whether the person has had a substantial parental relationship with the child, the court may consider such factors, including, but not limited to, whether the person has ever expressed concern for or interest in the support, care or well-being of the child or the mother during her pregnancy and whether the person has neglected or refused to provide care or support. If the person is or may be the father of the child, the court may also consider, in evaluating whether the person has had a substantial parental relationship with the child, whether the person has ever expressed concern for or interest in the support, care or well-being of the mother during her pregnancy.

AB150, s. 2490 Section 2490. 48.415 (8) of the statutes is amended to read:

AB150,939,16 48.415 (8) (title) Intentional homicide of parent or sibling. Intentional homicide of a parent or sibling may be established by a showing that a parent or sibling of the child has been a victim of first-degree intentional homicide in violation of s. 940.01 or of 2nd-degree intentional homicide in violation of s. 940.05 and that the person whose parental rights are sought to be terminated has been convicted of that intentional homicide.

AB150, s. 2491 Section 2491. 48.42 (1) (intro.) of the statutes is amended to read:

AB150,939,22 48.42 (1) Petition. (intro.) A proceeding for the termination of parental rights shall be initiated by petition which may be filed by the child's parent, an agency or a person authorized to file a petition under s. 48.235 (4) (a) 3., 48.25 or 48.835. The petition shall be entitled "In the interest of .......... (child's name), a person under the age of 18" and shall set forth with specificity:

AB150, s. 2492 Section 2492. 48.42 (1) (d) of the statutes is created to read:

AB150,939,25 48.42 (1) (d) A statement of whether the child may be subject to the federal Indian child welfare act, 25 USC 1911 to 1963.

AB150, s. 2493 Section 2493. 48.43 (1) (d) of the statutes is created to read:

AB150,940,7 48.43 (1) (d) The court's finding as to whether a county department which provides social services or the agency primarily responsible for the provision of services has made reasonable efforts to prevent the removal of the child from the home or, if applicable, that the agency primarily responsible for the provision of services has made reasonable efforts to make it possible for the child to return to his or her home.

AB150, s. 2494 Section 2494. 48.43 (1) (e) of the statutes is created to read:

AB150,940,10 48.43 (1) (e) The court's finding that the continuation of the child in the home of the parent is contrary to the welfare of the child.

AB150, s. 2495 Section 2495. 48.432 (2) (a) of the statutes is amended to read:

AB150,940,14 48.432 (2) (a) The department, or agency contracted with under sub. (9), shall maintain all information obtained under s. 48.427 (6) (b) in a centralized birth record file.

AB150, s. 2496 Section 2496. 48.432 (2) (b) of the statutes is amended to read:

AB150,940,21 48.432 (2) (b) Any birth parent whose rights to a child have been terminated in this state at any time, or who consented to the adoption of a child before February 1, 1982, may file with the department, or agency contracted with under sub. (9), any relevant medical or genetic information about the child or the child's birth parents, and the department or agency shall maintain the information in the centralized birth record file.

AB150, s. 2497 Section 2497. 48.432 (3) (a) (intro.) of the statutes is amended to read:

AB150,940,25 48.432 (3) (a) (intro.) The department, or agency contracted with under sub. (9), shall release the medical information under sub. (2) to any of the following persons upon request:

AB150, s. 2498 Section 2498. 48.432 (3) (b) of the statutes is amended to read:

AB150,941,5 48.432 (3) (b) Before releasing the information under par. (a), the department, or agency contracted with under sub. (9), shall delete the name and address of the birth parent and the identity of any provider of health care to the individual or adoptee or to the birth parent.

AB150, s. 2499 Section 2499. 48.432 (3) (c) of the statutes is amended to read:

AB150,941,11 48.432 (3) (c) The person making a request under this subsection shall pay a fee for the cost of locating, verifying, purging, summarizing, copying and mailing the medical or genetic information according to a fee schedule established by the department, or agency contracted with under sub. (9), based on ability to pay. The fee may not be more than $150 and may be waived by the department or agency.

AB150, s. 2500 Section 2500. 48.432 (4) (a) of the statutes is amended to read:

AB150,941,23 48.432 (4) (a) Whenever any person specified under sub. (3) wishes to obtain medical and genetic information about an individual whose birth parent's rights have been terminated in this state at any time, or whose birth parent consented to his or her adoption before February 1, 1982, or medical and genetic information about the birth parents of such an individual or adoptee, and the information is not on file with the department, or agency contracted with under sub. (9), the person may request that the department or agency conduct a search for the birth parents to obtain the information. The request shall be accompanied by a statement from a physician certifying either that the individual or adoptee has or may have acquired a genetically transferable disease or that the individual's or adoptee's medical condition requires access to the information.

AB150, s. 2501 Section 2501. 48.432 (4) (b) of the statutes is amended to read:

AB150,942,6 48.432 (4) (b) Upon receipt of a request under par. (a), the department, or agency contracted with under sub. (9), shall undertake a diligent search for the individual's or adoptee's parents. Upon request by the department, an agency shall cooperate in the search and shall make its records available to the department. The department may not require an agency to conduct the search, but may designate an agency to do so with the agency's consent.

AB150, s. 2502 Section 2502. 48.432 (4) (d) of the statutes is amended to read:

AB150,942,13 48.432 (4) (d) The department, or agency designated by the department contracted with under par. (b) sub. (9), 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 either birth parent, it shall notify the requester. No fee in excess of $100 per birth parent may be charged unless the requester, after receiving notification under this paragraph, has given consent to proceed with the search.

AB150, s. 2503 Section 2503. 48.432 (4) (f) of the statutes is amended to read:

AB150,942,18 48.432 (4) (f) The department, or agency contracted with under sub. (9), shall release to the requester any medical or genetic information provided by a birth parent under this subsection without disclosing the birth parent's identity or location.

AB150, s. 2504 Section 2504. 48.432 (4) (g) of the statutes is amended to read:

AB150,942,24 48.432 (4) (g) If a birth parent is located but refuses to provide the information requested, the department, or agency contracted with under sub. (9), shall notify the requester, without disclosing the birth parent's identity or location, and the requester may petition the circuit court to order the birth parent to disclose the information. The court shall grant the motion for good cause shown.

AB150, s. 2505 Section 2505. 48.432 (8m) (intro.) of the statutes is amended to read:

AB150,943,2 48.432 (8m) (intro.)  The department , or agency contracted with under sub. (9), shall give priority to all of the following:

AB150, s. 2506 Section 2506. 48.432 (9) of the statutes is amended to read:

AB150,943,5 48.432 (9) The department shall promulgate rules to implement this section and may contract with an agency to administer this section.

AB150, s. 2507 Section 2507. 48.433 (2) of the statutes is amended to read:

AB150,943,14 48.433 (2) Any birth parent whose rights 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 the child with his or her original birth certificate and with any other available information about the birth parent's identity and location. An affidavit filed under this subsection may be revoked at any time by notifying the department or agency in writing.

AB150, s. 2508 Section 2508. 48.433 (3) (intro.) of the statutes is amended to read:

AB150,943,20 48.433 (3) (intro.)  Any person 21 years of age or over whose birth parent's rights have been terminated in this state or who has been adopted in this state with the consent of his or her birth parent or parents before February 1, 1982, may request the department, or agency contracted with under sub. (11), to provide the person with the following:

AB150, s. 2509 Section 2509. 48.433 (4) of the statutes is amended to read:

AB150,943,23 48.433 (4) Before acting on the request, the department , or agency contracted with under sub. (11), shall require the requester to provide adequate identification.

AB150, s. 2510 Section 2510. 48.433 (5) (intro.) of the statutes is amended to read:

AB150,944,2 48.433 (5) (intro.)  The department, or agency contracted with under sub. (11), shall disclose the requested information in either of the following circumstances:

AB150, s. 2511 Section 2511. 48.433 (5) (a) of the statutes is amended to read:

AB150,944,5 48.433 (5) (a) The department, or agency contracted with under sub. (11), has on file unrevoked affidavits filed under sub. (2) from both birth parents.

AB150, s. 2512 Section 2512. 48.433 (6) (a) of the statutes is amended to read:

AB150,944,13 48.433 (6) (a) If the department, or agency contracted with under sub. (11), does not have on file an affidavit from each known birth parent, it shall, within 3 months after the date of the original request, undertake a diligent search for each birth parent who has not filed an affidavit. 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), the department or agency is not required to conduct a search.

AB150, s. 2513 Section 2513. 48.433 (6) (b) of the statutes is repealed.

AB150, s. 2514 Section 2514. 48.433 (6) (d) of the statutes is amended to read:

AB150,944,21 48.433 (6) (d) The department, or agency designated by the department contracted with under par. (b) sub. (11), 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 either birth parent, it shall notify the requester. No fee in excess of $100 per birth parent may be charged unless the requester, after receiving notification under this paragraph, has given consent to proceed with the search.

AB150, s. 2515 Section 2515. 48.433 (7) (b) of the statutes is amended to read:

AB150,945,2 48.433 (7) (b) Within 3 working days after contacting a birth parent, the department, or agency contracted with under sub. (11), shall send the birth parent a written copy of the information specified under par. (a) and a blank copy of the affidavit.

AB150, s. 2516 Section 2516. 48.433 (7) (c) of the statutes is amended to read:

AB150,945,6 48.433 (7) (c) If the birth parent files the affidavit, the department, or agency contracted with under sub. (11), shall disclose the requested information if permitted under sub. (5).

AB150, s. 2517 Section 2517. 48.433 (7) (e) of the statutes is amended to read:

AB150,945,11 48.433 (7) (e) If, after a search under this subsection, a known birth parent cannot be located, the department, or agency contracted with under sub. (11), may disclose the requested information if the other birth parent has filed an unrevoked affidavit under sub. (2).