LRB-1431/1
GMM:kaf:jf
1997 - 1998 LEGISLATURE
February 3, 1997 - Introduced by Representatives Notestein, Freese, Ladwig,
Williams, Musser, Bock, Albers, Riley, Powers, Boyle, Gunderson, Ryba and
Baldwin, cosponsored by Senators Plache, Buettner and Breske. Referred
to Committee on Children and Families.
AB54,1,2
1An Act to repeal and recreate 48.433 (8) of the statutes;
relating to: disclosure
2of identifying information about deceased birth parents.
Analysis by the Legislative Reference Bureau
Current law provides a procedure by which a person whose birth parent's rights
have been terminated, or who has been adopted, in this state may require the
department of health and family services (DHFS) or an agency such as a county
department of human services or social services or a child welfare agency that has
contracted with DHFS to administer the adoption search program (agency) to
provide the person, after the person reaches 21 years of age, with any information
that is available to DHFS or the agency regarding the identity and location of the
person's birth parents. DHFS or the agency may provide the identity and location
of a birth parent only if DHFS or the agency has on file an unrevoked affidavit from
the birth parent authorizing DHFS or the agency to disclose that information. If
DHFS or the agency does not have on file an unrevoked affidavit from each known
birth parent, DHFS or the agency must search for each birth parent who has not filed
an affidavit. Upon locating a birth parent, DHFS or the agency must give the birth
parent an opportunity to file an affidavit. If a known birth parent cannot be located,
DHFS or the agency may disclose identifying information concerning that birth
parent if the other birth parent has filed an unrevoked affidavit. If a birth parent
who has not filed an affidavit is known to be deceased, DHFS or the agency may not
provide the identity of that birth parent but may provide the identity and location
of the other birth parent if the other birth parent has filed an unrevoked affidavit and
if one year has elapsed since the death of the birth parent.
This bill provides that if a birth parent is deceased, DHFS or the agency must
disclose the identity of the deceased birth parent and, if the other birth parent has
filed an unrevoked affidavit, was unknown at the time of the termination of parental
rights or adoption or is known to be deceased, DHFS or the agency must provide the
requester with his or her original birth certificate and with the identity and location
of the other birth parent, with no one-year waiting period as under current law. If
the other birth parent has not filed an affidavit, DHFS or the agency must disclose
the identity of the deceased birth parent and undertake a search for the other birth
parent, but may not provide the requester with his or her original birth certificate
or with the identity or location of the other birth parent.
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:
AB54, s. 1
1Section
1. 48.433 (8) of the statutes is repealed and recreated to read:
AB54,2,52
48.433
(8) If a birth parent is known to be deceased, the department, or agency
3contracted with under sub. (11), shall so inform the requester. The department or
4agency shall provide the requester with the identity of the deceased birth parent and,
5in addition, take the following actions under the following circumstances:
AB54,2,106
(a) If the other birth parent was unknown at the time of the proceeding for
7termination of parental rights or consent to adoption or is known to be deceased, the
8department or agency shall provide the requester with his or her original birth
9certificate and with any available information that the department or agency has on
10file regarding the identity and location of the other birth parent.
AB54,2,1611
(b) If the other birth parent was known at the time of the termination of
12parental rights or consent to adoption and is not known to be deceased and has filed
13an unrevoked affidavit under sub. (2), the department or agency shall provide the
14requester with his or her original birth certificate and with any available information
15that the department or agency has on file regarding the identity and location of the
16other birth parent.
AB54,3,6
1(c) If the other birth parent was known at the time of the termination of
2parental rights or consent to adoption and is not known to be deceased, but has not
3filed an affidavit under sub. (2), the department or agency may not provide the
4requester with his or her original birth certificate or with the identity or location of
5the other birth parent, but shall conduct a search under sub. (6) for the other birth
6parent.
AB54,3,108
(1) This act first applies to requests for access to identifying information about
9birth parents, as defined in section 48.433 (1) (b) of the statutes, that are received by
10the department of health and family services on the effective date of this subsection.
