AB600: Bill Text

1. DHFS.

2. A county department.

3. A child welfare agency licensed under s. 48.60, stats., to place children for adoption.

4. An individual or agency providing adoption information exchange services under s. 48.55, stats.

5. An individual or agency providing adoption information under s. 48.551, stats.

6. An individual who has received a favorable home study in this state or in another jurisdiction.

7. An individual seeking to place his or her own child for adoption.

This Section provides that a person who violates the prohibitions on advertising created by this Section may be fined not more than $10,000 or imprisoned for not more than 9 months or both. (This is equivalent to the current punishment for a Class A misdemeanor.)

This Section also provides that the prohibition on advertising does not prohibit an attorney licensed to practice in this state from advertising his or her availability to practice or to provide services relating to the adoption of children.

AB600, s. 11 Section 11. 48.835 (2) of the statutes is amended to read:

AB600,23,8 48.835 (2) Adoptive placement. A parent having custody of a child may place the child for adoption in the home of a relative of the child without a court order.

Note: Under current s. 48.835 (2), stats., a parent having custody of a child may place the child for adoption in the home of a relative without a court order. Current s. 48.835 (2), stats., however, does not specify who the person with whom the child may be placed must be a relative of. Section 48.02 (15), stats., which defines "relative" for general purposes in ch. 48, stats., defines that term in terms of specific relationships, such as parent, grandparent, and so on, without specifying who the relationship is to. This Section specifies that the person with whom the child is placed under this provision must be a relative of the child.

AB600, s. 12 Section 12. 48.837 (1m) of the statutes is repealed.

Note: This Section repeals the provision in current law which requires a petition for adoptive placement in an independent adoption by a nonrelative to include any agreement between the birth parent and adoptive parent that relates to certain payments. The repealed provision reads as follows:

"48.837 (1m) Written agreement. Any agreement between the birth parent and adoptive parent that relates to the payment of any expenses described in sub. (2) (d) shall be in writing, with the amount and purpose of the expenses enumerated, and made part of the petition filed under sub. (2).".

The repealed provision is replaced with s. 48.913 (6) and (7), stats., as created by this bill.

AB600, s. 13 Section 13. 48.837 (2) (d) of the statutes is repealed.

Note: This Section repeals the provision in current law which requires a petition for adoptive placement in an independent adoption by a nonrelative to include a report of certain transfers of value made or agreed to be made by the proposed adoptive parents or on their behalf. The repealed provision reads as follows:

"48.837 (2) (d) A report of all transfers of anything of value made or agreed to be made by the proposed adoptive parents or on their behalf in connection with the birth of the child, the placement of the child with the proposed adoptive parents, the medical or hospital care received by the child or by the child's mother in connection with the birth of the child and any other expenses, including the estimated legal expenses, of either the child's parent or the proposed adoptive parents. The report shall be itemized and shall show the services relating to the adoption or to the placement of the child for adoption which were received by the proposed adoptive parents, by either parent, by the child or by any other person to whom payment was made by or on behalf of the proposed adoptive parents. The report shall also include the dates of each payment, the names and addresses of each attorney, doctor, hospital, agency or other person or organization receiving any funds from the proposed adoptive parents in connection with the adoption or the placement of the child with them.".

The repealed provision is replaced with s. 48.913 (6) and (7), stats., as created by this bill.

AB600, s. 14 Section 14. 48.837 (4) (a) of the statutes is amended to read:

AB600,24,6 48.837 (4) (a) Notwithstanding s. 48.422 (1), shall schedule Shall hold a hearing within 60 days of 30 days after the date of filing of the petitions, except that the hearing may not be held before the birth of the child.

Note: This Section provides that when a TPR petition is filed with a petition for independent adoptive placement of a child with a nonrelative, a juvenile court must hold, rather than schedule, a hearing on both petitions within 30 days after the date of filing of the petitions, rather than within 60 days after that date, except that the hearing may not be held before the birth of the child.

AB600, s. 15 Section 15. 48.837 (6) (b) (intro.), 1. and 2. of the statutes are consolidated, renumbered 48.837 (6) (b) and amended to read:

AB600,25,16 48.837 (6) (b) At the beginning of the hearing held under sub. (2), the court shall review any agreement that is attached to the petition in accordance with sub. (1m) the report that is submitted under s. 48.913 (6). The court shall determine whether any payments or the conditions specified in the any agreement to make payments are coercive to the birth parent of the child or to an alleged or presumed father of the child or are impermissible under s. 48.913 (4). Making the any payment to or on behalf of the birth parent's expenses that are permitted under s. 948.24 (1) (a) or (c) parent of the child, an alleged or presumed father of the child or the child conditional in any part upon transfer or surrender of the child or the termination of parental rights or the finalization of the adoption creates a rebuttable presumption of coercion. Upon a finding of coercion, the court shall do one of the following: 1. Dismiss dismiss the petitions under subs. (2) and (3). 2. Amend or amend the agreement under sub. (1m) to delete any coercive conditions, if the parties agree to the amendment. Upon a finding that payments which are impermissible under s. 48.913 (4) have been made, the court may dismiss the petition and may refer the matter to the district attorney for prosecution under s. 948.24 (1).

Note: This Section does all of the following:

1. Changes cross-references in current law to reflect changes made by the bill.

2. Provides that making any payments to or on behalf of the birth parent of the child, an alleged or presumed father of the child or the child conditional in any part upon the transfer or surrender of the child or the TPR or the finalization of the adoption creates a rebuttable presumption of coercion. Current law applies the presumption only to the payment of the birth parent's expenses that are permitted under s. 948.24 (1) (a) or (c), stats.

3. Provides that if the juvenile court finds that the proposed adoptive parent, or a person acting on behalf of the proposed adoptive parent, has made any payments in connection with the pregnancy, the birth of the child or the placement of the child with the proposed adoptive parents that are not permissible under the law, the juvenile court may dismiss the petition or refer the matter to the district attorney for prosecution under s. 948.24 (1), stats.

AB600, s. 16 Section 16 . 48.913 of the statutes is created to read:

AB600,26,4 48.913 Payments by adoptive or proposed adoptive parents to a birth parent or child or on behalf of a birth parent or child. (1) Payments allowed. The proposed adoptive parents of a child, or a person acting on behalf of the proposed adoptive parents, may pay the actual cost of any of the following:

AB600,26,6 (a) Preadoptive counseling for a birth parent of the child or an alleged or presumed father of the child.

AB600,26,8 (b) Post-adoptive counseling for a birth parent of the child or an alleged or presumed father of the child.

AB600,26,10 (c) Maternity clothes for the child's birth mother, not to exceed a reasonable amount.

AB600,26,12 (d) Local transportation expenses of a birth parent of the child that are related to the pregnancy or adoption.

AB600,26,14 (e) Services provided by a licensed child welfare agency in connection with the adoption.

AB600,26,17 (f) Medical and hospital care received by the child's birth mother in connection with the pregnancy or birth of the child. Medical and hospital care does not include lost wages or living expenses.

AB600,26,18 (g) Medical and hospital care received by the child.

AB600,26,20 (h) Legal and other services received by a birth parent of the child, an alleged or presumed father of the child or the child in connection with the adoption.

AB600,26,24 (i) Living expenses of the child's birth mother, in an amount not to exceed $1,000, if payment of the expenses by the proposed adoptive parents or a person acting on their behalf is necessary to protect the health and welfare of the birth mother or the fetus.

AB600,27,2 (j) Any investigation ordered under s. 48.837 (4) (c), according to a fee schedule established by the department based on ability to pay.

AB600,27,4 (k) If the adoption is completed, the cost of any care provided for the child under s. 48.837 (4) (d).

AB600,27,5 (L) Birthing classes.

AB600,27,7 (m) A gift to the child's birth mother from the proposed adoptive parents, of no greater than $50 in value.

AB600,27,13 (2) Payment of expenses when birth parent is residing in another state. Notwithstanding sub. (1), the proposed adoptive parents of a child or a person acting on behalf of the proposed adoptive parents of a child may pay for an expense of a birth parent of the child or an alleged or presumed father of the child if the birth parent or the alleged or presumed father was residing in another state when the payment was made and when the expense was incurred and if all of the following apply:

AB600,27,14 (a) The child was placed for adoption in this state in accordance with s. 48.988.

AB600,27,17 (b) The state in which the birth parent or the alleged or presumed father was residing when the payment was made permits the payment of that expense by the proposed adoptive parents of the child.

AB600,27,25 (c) A listing of all payments made under this subsection, a copy of the statutory provisions of the state in which the birth parent or the alleged or presumed father was residing when the payments were made that permit those payments to be made by the proposed adoptive parents of the child and a copy of all orders entered in the state in which the birth parent or the alleged or presumed father was residing when the payments were made that relate to the payment of expenses of the birth parent or the alleged or presumed father by the proposed adoptive parents of the child is submitted to the court as follows:

AB600,28,2 1. With the report under sub. (6), if the parental rights of either birth parent of the child are terminated in this state.

AB600,28,5 2. With a petition under s. 48.837 (2), if the parental rights of both birth parents of the child are terminated in another state and the child is placed for adoption under s. 48.837 (2).

AB600,28,8 3. With a petition under s. 48.90, if the parental rights of both parents of the child are terminated in another state and the child is placed for adoption under s. 48.833.

AB600,28,14 (3) Method of payment. Any payment under sub. (1) or (2) shall be made directly to the provider of a good or service except that a payment under sub. (1) or (2) may be made to a birth parent of the child or to an alleged or presumed father of the child as reimbursement of an amount previously paid by the birth parent or by the alleged or presumed father if documentation is provided showing that the birth parent or alleged or presumed father has made the previous payment.

AB600,28,18 (4) Other payments prohibited. The proposed adoptive parents of a child or a person acting on behalf of the proposed adoptive parents may not make any payments to or on behalf of a birth parent of the child, an alleged or presumed father of the child or the child except as provided in subs. (1) and (2).

AB600,28,23 (5) Payments after finalization of adoption. The adoptive parents of a child or a person acting on behalf of the proposed adoptive parents may make a payment that is authorized under subs. (1) and (2) after finalization of the adoption, if the payment is included in the report under sub. (6) or an amendment to that report filed with the court.

AB600,29,2 (6) Report to the court; when required. A report containing the information specified in sub. (7) shall be provided to the court at the time of the hearing on the petition for adoptive placement under s. 48.837 (2) or upon the order of the court under s. 48.422 (7) (bm).

AB600,29,17 (7) Report to the court; contents required. The report required under sub. (6) shall include a list of all transfers of anything of value made or agreed to be made by the proposed adoptive parents or by a person acting on their behalf to a birth parent of the child, an alleged or presumed father of the child or the child, on behalf of a birth parent of the child, an alleged or presumed father of the child or the child, or to any other person in connection with the pregnancy, the birth of the child, the placement of the child with the proposed adoptive parents or the adoption of the child by the proposed adoptive parents. The report shall be itemized and shall show the goods or services for which payment was made or agreed to be made. The report shall include the dates of each payment, the names and addresses of each attorney, doctor, hospital, agency or other person or organization receiving any payment from the proposed adoptive parents or a person acting on behalf of the proposed adoptive parents in connection with the pregnancy, the birth of the child, the placement of the child with the proposed adoptive parents or the adoption of the child by the proposed adoptive parents.

AB600,29,21 (8) Adoption of foreign children and adoption by relatives of the child. This section does not apply to an adoptive or proposed adoptive parent of a child with whom the child has been placed under s. 48.839 or to an adoptive or proposed adoptive parent of a child who is a relative of the child.

Note: This Section creates several new provisions regarding payments by or on behalf of adoptive or proposed adoptive parents of a child to or on behalf of a birth parent of the child, an alleged or presumed father of the child or the child, which are described below. These provisions do not apply to foreign adoptions or to the adoption of a child by a relative of the child.

Payments by Proposed Adoptive Parents Which Are Allowed

This Section permits the proposed adoptive parents of a child, or a person acting on behalf of the proposed adoptive parents, to pay the actual cost of any of the following:

1. Preadoptive counseling for a birth parent of the child or an alleged or presumed father of the child.

2. Post-adoptive counseling for a birth parent of the child or an alleged or presumed father of the child.

3. Maternity clothes for the child's birth mother, not to exceed a reasonable amount.

4. Local transportation expenses of a birth parent of the child that are related to the pregnancy or adoption.

5. Services provided by a licensed child welfare agency in connection with the adoption.

6. Medical and hospital care received by the child's birth mother in connection with the pregnancy or birth of the child.

7. Medical and hospital care received by the child.

8. Legal and other services received by a birth parent of the child, an alleged or presumed father of the child or the child in connection with the adoption.

9. Living expenses of the child's birth mother, in an amount not to exceed $1,000, if payment of the living expenses by the proposed adoptive parents or a person acting on their behalf is necessary to protect the health and welfare of the birth mother or the fetus.

10. Any investigation of the proposed adoptive home ordered by the court, according to a fee schedule established by DHFS based on ability to pay.

11. If the adoption is completed, the cost of any foster care provided for the child.

12. Birthing classes.

13. A gift to the child's birth mother from the proposed adoptive parents, of no greater than $50 in value.

Payment of Expenses When the Birth Parent Is Residing in Another State

This Section also permits, even if payment for an expense is not permitted as discussed above, the proposed adoptive parents of a child to pay the expenses of a birth parent of the child or an alleged or presumed father of the child if the birth parent or the alleged or presumed father was residing in another state when the payment was made and when the expense was incurred and if all of the following apply:

1. The child was placed for adoption in this state in accordance with the ICPC.

2. The state in which the birth parent or the alleged or presumed father was residing when the payment was made permits the payment of that expense by the proposed adoptive parents of the child.

3. The proposed adoptive parents provide all of the following to the juvenile court:

a. A listing of the payments that the proposed adoptive parents of the child or a person acting on their behalf have made or have agreed to make to or on behalf of the birth parent of the child or an alleged or presumed father of the child.

b. A copy of the statutory provisions of the state in which the birth parent or the alleged or presumed father was residing when those payments were made that permit those payments to be made by the proposed adoptive parents of the child.

c. A copy of all orders entered in the state in which the birth parent or the alleged or presumed father was residing when those payments were made that relate to the payment of expenses of the birth parent or the alleged or presumed father by the proposed adoptive parents or by a person acting on their behalf.

The information listed above must be provided to the juvenile court as follows:

1. If the parental rights of either parent of the child are terminated in this state, the information must be provided at the hearing on the TPR petition.

2. If the parental rights of both parents of the child are terminated in another state and the child is placed for adoption with a nonrelative in an independent adoptive placement, the information must be provided with the petition for adoptive placement.

3. If the parental rights of both parents of the child have been terminated in another state and the child is placed for adoption in this state by an agency, the information must be provided with the petition for adoption.

Methods by Which Payments May Be Made

This Section requires a payment by or on behalf of a proposed adoptive parent to be made either directly to the provider of a good or service or to the birth parent of the child or an alleged or presumed father of the child as reimbursement of amounts previously paid by the birth parent or by the alleged or presumed father if documentation is provided showing that the birth parent or the alleged or presumed father has made the previous payment.

Payments by Proposed Adoptive Parents Which Are Prohibited

This Section prohibits the proposed adoptive parents of a child or a person acting on their behalf from making any payments to or on behalf of a birth parent of the child, an alleged or presumed father of the child or the child other than those listed as allowed above.