AB526: Bill Text

AB526,116,18 (2) Whenever possible, in making a determination under sub. (1), the court shall consider the wishes of the adopted child.

AB526,116,20 (3) This section applies to every child in this state who has been adopted by a stepparent or relative regardless of the date of the adoption.

AB526,116,24 (4) Any person who interferes with visitation rights granted under sub. (1) may be proceeded against for contempt of court under ch. 785, except that a court may impose only the remedial sanctions specified in s. 785.04 (1) (a) and (c) against that person.

AB526, s. 68 Section 68. 48.976 of the statutes is created to read:

AB526,117,3 48.976 Foreign adoption fees. (1) In this section, "foreign adoption" means the adoption of a child, who is a citizen of a foreign country, in accordance with any of the types of adoption procedures specified under subchapter XIX.

AB526,117,6 (2) The department may charge a fee of not more than $75 to the adoptive parents for reviewing foreign adoption documents and for providing necessary certifications required by state and federal law.

AB526,117,9 (3) The department may also charge a fee of not more than $75 to the adoptive parents for the review and certification of adoption documents for adoptions that occur in a foreign country.

AB526, s. 69 Section 69. 48.979 of the statutes is created to read:

AB526,117,18 48.979 Appointment of guardian for child without a living parent for adoptability finding. (1) Type of guardianship. This section may be used for the appointment of a guardian of a child who does not have a living parent if a finding as to the adoptability of a child is sought. Except as provided in ss. 48.977 and 48.978, ch. 880 applies to the appointment of a guardian for a child who does not have a living parent for all other purposes. An appointment of a guardian of the estate of a child who does not have a living parent shall be conducted in accordance with the procedures specified in ch. 880.

AB526,117,21 (1m) Petition. Any of the following may file a petition for appointment of a guardian for a child who is believed to be in need of protection or services because he or she is without a living parent as described under s. 48.13 (1):

AB526,117,22 (a) The department.

AB526,117,23 (b) A county department.

AB526,117,24 (c) A child welfare agency licensed under s. 48.61 (5) to accept guardianship.

AB526,118,2 (d) A relative or family member of the child or a person whom the child has resided with and who has also acted as a parent of the child.

AB526,118,4 (e) A guardian appointed under ch. 880 whose resignation as guardian has been accepted by a court under s. 880.17 (1).

AB526,118,13 (2) Report. If the department, county department or child welfare agency files a petition, it shall submit a report to the court containing as much of the information specified under s. 48.425 (1) (a) and (am) as is reasonably ascertainable and, if applicable, the information specified under s. 48.425 (1) (g). If the petition is filed by a relative or other person specified under sub. (1m) (d), the court shall order the department or a child welfare agency, if the department or agency consents, or a county department to file a report containing the information specified in this subsection. The department, county department or child welfare agency shall file the report at least 5 days before the date of the fact-finding hearing on the petition.

AB526,118,18 (3) Fact-finding hearing. The court shall hold a fact-finding hearing on the petition, at which any party may present evidence relevant to the issue of whether the child has a living parent. If the court finds that the child has a living parent, the court shall dismiss the petition or grant the petitioner leave to amend the petition to a petition under s. 48.42 (1).

AB526,118,23 (4) Dispositional hearing. (a) If the court, at the conclusion of the fact-finding hearing, finds that the child has no living parent, the court shall proceed to a dispositional hearing. Any party may present evidence, including expert testimony, relevant to the issue of disposition. In determining the appropriate disposition, the court shall consider any factors under s. 48.426 (3) (a) to (d) that are applicable.

AB526,118,25 (b) If the court finds that adoption is in the child's best interest, the court shall order that the child be placed in the guardianship and custody of one of the following:

AB526,119,2 1. A county department authorized to accept guardianship under s. 48.57 (1) (e) or (hm).

AB526,119,3 2. A child welfare agency licensed under s. 48.61 (5) to accept guardianship.

AB526,119,4 3. The department.

AB526,119,9 (c) If the court finds that adoption is not in the child's best interest, the court shall order that the child be placed in the guardianship of the department and place the child in the custody of a county department or, in a county having a population of 500,000 or more, the department or an agency under contract with the department.

AB526,119,10 (d) Section 48.43 (5), (5m) and (7) applies to orders under pars. (b) and (c).

AB526,119,18 (e) The court shall order the custodian appointed under par. (b) or (c) to prepare a permanency plan under s. 48.38 for the child within 60 days after the date of the order. A permanency plan ordered under this paragraph is subject to review under s. 48.38 (5). In preparing a permanency plan, the department, county department or child welfare agency need not include any information specified in s. 48.38 (4) that relates to the child's parents or returning the child to his or her home. In reviewing a permanency plan, a court or panel need not make any determination under s. 48.38 (5) (c) that relates to the child's parents or returning the child to his or her home.

AB526, s. 70 Section 70. 48.9795 of the statutes is created to read:

AB526,120,9 48.9795 Transfer of guardianship upon revocation of guardian's license or contract. If the department revokes the license of a county department licensed under s. 48.57 (1) (hm) to accept guardianship, or of a child welfare agency licensed under s. 48.61 (5) to accept guardianship, or if the department terminates the contract of a county department licensed under s. 48.57 (1) to (e) to accept guardianship, the department shall file a motion in the court that appointed the guardian for each child in the guardianship of the county department or agency, requesting that the court transfer guardianship and custody of the child. The motion may specify a county department or child welfare agency that has consented to accept guardianship of the child. The court shall transfer guardianship and custody of the child either to the county department or child welfare agency specified in the motion or to another county department under s. 48.57 (1) (e) or (hm) or a child welfare agency under s. 48.61 (5) which consents to the transfer. If no county department or child welfare agency consents, the court shall transfer guardianship and custody of the child to the department.

AB526, s. 71 Section 71. 48.98 (4) (b) of the statutes is amended to read:

AB526,120,13 48.98 (4) (b) Section 48.839 48.82 (8) governs the placement of children who are not U.S. citizens and not under agency guardianship who are brought into this state from a foreign jurisdiction for the purpose of adoption.

AB526, s. 72 Section 72. 48.981 (7) (a) 13. of the statutes is amended to read:

AB526,120,17 48.981 (7) (a) 13. The department, a county department under s. 48.57 (1) (e) or (hm) or a licensed child welfare agency ordered to conduct a screening or an investigation an evaluation of a stepparent under s. 48.88 (2) (c) 48.94 (11).

AB526, s. 73 Section 73. 49.32 (1) (b) of the statutes is amended to read:

AB526,120,25 49.32 (1) (b) Any person receiving services provided or purchased under par. (a) or the spouse of the person and, in the case of a minor, the parents of the person, and, in the case of a foreign child described in s. 48.839 (1) 48.82 (8) who became dependent on public funds for his or her primary support before an order granting his or her adoption, the resident of this state appointed guardian of the child by a foreign court who brought the child into this state for the purpose of adoption, shall be liable for the services in the amount of the fee established under par. (a).

AB526, s. 74 Section 74. 51.30 (4) (b) 18. c. of the statutes is amended to read:

AB526,121,16 51.30 (4) (b) 18. c. If the patient, regardless of age, has a guardian appointed under s. 880.33, or if the patient is a minor with developmental disability who has a parent or has a guardian appointed under s. 48.831 48.979 and does not have a guardian appointed under s. 880.33, information concerning the patient that is obtainable by staff members of the agency or nonprofit corporation with which the agency has contracted is limited, except as provided in subd. 18. e., to the nature of an alleged rights violation, if any; the name, birth date and county of residence of the patient; information regarding whether the patient was voluntarily admitted, involuntarily committed or protectively placed and the date and place of admission, placement or commitment; and the name, address and telephone number of the guardian of the patient and the date and place of the guardian's appointment or, if the patient is a minor with developmental disability who has a parent or has a guardian appointed under s. 48.831 48.979 and does not have a guardian appointed under s. 880.33, the name, address and telephone number of the parent or guardian appointed under s. 48.831 48.979 of the patient.

AB526, s. 75 Section 75. 69.14 (3) (c) of the statutes is amended to read:

AB526,121,25 69.14 (3) (c) If at any time after a birth certificate is filed for a registrant under this subsection a birth certificate filed for the registrant at the time of birth of the registrant is found or the registrant is adopted and the adoptive parents sign a birth record giving their names as the adoptive parents, the state registrar shall impound the birth certificate filed under this subsection and prohibit access to the birth certificate for 99 years after the date of birth of the registrant except by court order or except by the state registrar for processing purposes or except when authorized under s. 48.432, 48.433 or 48.95 (7).

AB526, s. 76 Section 76. 69.15 (2) (a) (intro.) of the statutes is amended to read:

AB526,122,9 69.15 (2) (a) (intro.) Except as provided under par. (b), if the state registrar receives an order under sub. (1) which provides for an adoption, the state registrar shall prepare, under sub. (6), a new certificate for the subject of the adoption unless the court orders, or the adoptive parents or the subject of the adoption who has attained the age of 12 years, requests, under s. 48.94 48.93 (1) (a) 2., that no new certificate be prepared. If the order is from a court in this state, the order shall include a certified copy of the original birth certificate registered for the subject of the adoption. The new certificate shall show:

AB526, s. 77 Section 77. 69.15 (2) (b) of the statutes is amended to read:

AB526,122,21 69.15 (2) (b) If the state registrar receives an order under sub. (1) which provides for an adoption of any person born outside of the United States by any person who is a resident of this state at the time of adoption, and if the adoptive parents present proof of the facts of birth to the state registrar, the state registrar shall prepare a certification of birth data for the subject of the adoption. The certification shall indicate the date and place of birth, the child's adoptive name, the adoptive parents' names, and the sources of information of each of these facts. If neither of the birth parents of the subject of the adoption are U.S. citizens, the new certification may include proof of the naturalization of the subject of the adoption the state registrar shall issue a certificate of foreign birth as provided in s. 48.93 (2) (a) 3.

AB526, s. 78 Section 78. 69.15 (6) (b) of the statutes is amended to read:

AB526,123,7 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 to the original birth certificate for 99 years after the date of birth of the registrant 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 48.95 (7). 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.

AB526, s. 79 Section 79. 71.05 (6) (b) 22. of the statutes is amended to read:

AB526,123,14 71.05 (6) (b) 22. For taxable years beginning after December 31, 1995, an amount up to $5,000 that is expended during the period that consists of the year to which the claim relates and the prior 2 taxable years, by a full-year resident of this state who is an adoptive parent, for adoption fees, court costs or legal fees relating to the adoption of a child, for whom a final order of adoption has been entered under s. 48.91 (3) 48.92 or 48.94 during the taxable year.

AB526, s. 80 Section 80. 103.10 (3) (b) 2. of the statutes is amended to read:

AB526,123,18 103.10 (3) (b) 2. The placement of a child with the employe for adoption or as a precondition to adoption under s. 48.90 (2), but not both under s. 48.82, if the leave begins within 16 weeks of the child's placement.

AB526, s. 81 Section 81. 146.82 (2) (a) 9. c. of the statutes is amended to read:

AB526,124,9 146.82 (2) (a) 9. c. If the patient, regardless of age, has a guardian appointed under s. 880.33, or if the patient is a minor with developmental disability, as defined in s. 51.01 (5) (a), who has a parent or has a guardian appointed under s. 48.831 48.979 and does not have a guardian appointed under s. 880.33, information concerning the patient that is obtainable by staff members of the agency or nonprofit corporation with which the agency has contracted is limited, except as provided in subd. 9. e., to the nature of an alleged rights violation, if any; the name, birth date and county of residence of the patient; information regarding whether the patient was voluntarily admitted, involuntarily committed or protectively placed and the date and place of admission, placement or commitment; and the name, address and telephone number of the guardian of the patient and the date and place of the guardian's appointment or, if the patient is a minor with developmental disability who has a parent or has a guardian appointed under s. 48.831 48.979 and does not have a guardian appointed under s. 880.33, the name, address and telephone number of the parent or guardian appointed under s. 48.831 48.979 of the patient.

AB526, s. 82 Section 82. 146.82 (2) (a) 18m. of the statutes is amended to read:

AB526,125,4 146.82 (2) (a) 18m. If the subject of the patient health care records is a child or juvenile who has been placed in a foster home, treatment foster home, group home, child caring institution or a secured correctional facility, including a placement under s. 48.205, 48.21, 938.205 or 938.21 or for whom placement in a foster home, treatment foster home, group home, child caring institution or secured correctional facility is recommended under s. 48.33 (4), 48.425 (1) (g), 48.837 (4) (c) or 938.33 (3) or (4), to an agency directed by a court to prepare a court report under s. 48.33 (1), 48.424 (4) (b), 48.425 (3), 48.831 (2), 48.837 (4) (c) 48.979 (2) or 938.33 (1), to an agency responsible for preparing a court report under s. 48.365 (2g), 48.425 (1), 48.831 (2), 48.837 (4) (c) 48.979 (2) or 938.365 (2g), to an agency responsible for preparing a permanency plan under s. 48.355 (2e), 48.38, 48.43 (1) (c) or (5) (c), 48.63 (4), 48.831 (4) (e) 48.979 (4) (e), 938.355 (2e) or 938.38 regarding the child or juvenile or to an agency that placed the child or juvenile or arranged for the placement of the child or juvenile in any of those placements and, by any of those agencies, to any other of those agencies and, by the agency that placed the child or juvenile or arranged for the placement of the child or juvenile in any of those placements, to the foster parent or treatment foster parent of the child or juvenile or the operator of the group home, child caring institution or secured correctional facility in which the child or juvenile is placed, as provided in s. 48.371 or 938.371.

AB526, s. 83 Section 83. 252.15 (5) (a) 19. of the statutes is amended to read:

AB526,125,23 252.15 (5) (a) 19. If the test was administered to a child who has been placed in a foster home, treatment foster home, group home, child caring institution or secured correctional facility, as defined in s. 938.02 (15m), including a placement under s. 48.205, 48.21, 938.205 or 938.21 or for whom placement in a foster home, treatment foster home, group home, child caring institution or secured correctional facility is recommended under s. 48.33 (4), 48.425 (1) (g), 48.837 (4) (c) or 938.33 (3) or (4), to an agency directed by a court to prepare a court report under s. 48.33 (1), 48.424 (4) (b), 48.425 (3), 48.831 (2), 48.837 (4) (c) 48.979 (2) or 938.33 (1), to an agency responsible for preparing a court report under s. 48.365 (2g), 48.425 (1), 48.831 (2), 48.837 (4) (c) 48.979 (2) or 938.365 (2g), to an agency responsible for preparing a permanency plan under s. 48.355 (2e), 48.38, 48.43 (1) (c) or (5) (c), 48.63 (4), 48.831 (4) (e) 48.979 (4) (e), 938.355 (2e) or 938.38 regarding the child or to an agency that placed the child or arranged for the placement of the child in any of those placements and, by any of those agencies, to any other of those agencies and, by the agency that placed the child or arranged for the placement of the child in any of those placements, to the child's foster parent or treatment foster parent or the operator of the group home, child caring institution or secured correctional facility in which the child is placed, as provided in s. 48.371 or 938.371.

AB526, s. 84 Section 84. 252.15 (5) (a) 20. of the statutes is created to read:

AB526,126,4 252.15 (5) (a) 20. If the test was administered to a child who has been placed for adoption under s. 48.82 (3) or who is proposed to be placed for adoption under s. 48.82 (3), to the agency that placed the child or that is arranging the placement of the child and, by that agency, to the proposed adoptive parents of the child.

AB526, s. 85 Section 85. 301.03 (18) (b) of the statutes is amended to read:

AB526,126,13 301.03 (18) (b) Except as provided in s. 301.12 (14) (b) and (c), hold liable for the services provided or purchased under par. (a) in the amount of the fee established under par. (a) any person receiving those services or the spouse of the person and, in the case of a minor, the parents of the person, and, in the case of a foreign child described in s. 48.839 (1) 48.82 (8) who became dependent on public funds for his or her primary support before an order granting his or her adoption, the resident of this state appointed guardian of the child by a foreign court who brought the child into this state for the purpose of adoption.

AB526, s. 86 Section 86. 301.12 (2) of the statutes is amended to read:

AB526,127,11 301.12 (2) Except as provided in subs. (2m) and (14) (b) and (c), any person, including but not limited to a person placed under s. 48.366, 938.183, 938.34 (4h) or (4m) or 938.357 (4) or (5) (e), receiving care, maintenance, services and supplies provided by any institution in this state operated or contracted for by the department, in which the state is chargeable with all or part of the person's care, maintenance, services and supplies, and the person's property and estate, including the homestead, and the spouse of the person, and the spouse's property and estate, including the homestead, and, in the case of a minor child, the parents of the person, and their property and estates, including their homestead, and, in the case of a foreign child described in s. 48.839 (1) 48.82 (8) who became dependent on public funds for his or her primary support before an order granting his or her adoption, the resident of this state appointed guardian of the child by a foreign court who brought the child into this state for the purpose of adoption, and his or her property and estate, including his or her homestead, shall be liable for the cost of the care, maintenance, services and supplies in accordance with the fee schedule established by the department under s. 301.03 (18). If a spouse, widow or minor, or an incapacitated person may be lawfully dependent upon the property for their support, the court shall release all or such part of the property and estate from the charges that may be necessary to provide for those persons. The department shall make every reasonable effort to notify the liable persons as soon as possible after the beginning of the maintenance, but the notice or the receipt of the notice is not a condition of liability.

AB526, s. 87 Section 87. 632.896 (1) (c) 1. of the statutes is amended to read:

AB526,127,16 632.896 (1) (c) 1. The department, a county department under s. 48.57 (1) (e) or (hm) or, a child welfare agency licensed under s. 48.60 or a child's parent or guardian places a child in the insured's home for adoption and enters into an agreement under s. 48.833 with the insured under s. 48.82.

AB526, s. 88 Section 88. 632.896 (1) (c) 2. of the statutes is repealed.

AB526, s. 89 Section 89. 632.896 (1) (c) 5. of the statutes is amended to read:

AB526,127,22 632.896 (1) (c) 5. A court of a foreign jurisdiction appoints the insured as guardian of a child who is a citizen of that jurisdiction, and the child arrives in the insured's home for the purpose of adoption by the insured under s. 48.839 48.92 or 48.94.

AB526, s. 90 Section 90. 785.05 of the statutes is amended to read:

AB526,128,3 785.05 Limitation on imprisonment. In any case in which the contempt of court is based upon interference with visitation rights granted under s. 48.925 (1) 48.973 (1), or upon failure to respond to a citation, summons or warrant under s. 345.28 or any other failure to pay or to appear in court for a nonmoving traffic violation, the court may not impose imprisonment as a sanction under this chapter.

AB526, s. 91 Section 91. 806.07 (3) of the statutes is amended to read:

AB526,128,10 806.07 (3) A motion under this section may not be made by an adoptive parent to relieve the adoptive parent from a judgment or order under s. 48.91 (3) 48.92 or 48.94 granting adoption of a child. A petition for termination of parental rights under s. 48.42 or 48.90 and an appeal to the court of appeals shall be the exclusive remedies for an adoptive parent who wishes to end his or her parental relationship with his or her adoptive child.

AB526, s. 92 Section 92. 808.04 (7) of the statutes is amended to read:

AB526,128,16 808.04 (7) An appeal by a party other than the state from a judgment or order granting adoption, or terminating or denying termination of parental rights under s. 48.90, shall be initiated by filing the notice required by s. 809.30 (2) (b) within 40 days of the date of entry of the judgment or order appealed from. Notwithstanding s. 809.82 (2) (b), this time may not be enlarged.

AB526, s. 93 Section 93. Chapter 882 of the statutes is repealed and recreated to read:

AB526,128,20 Chapter 882 Adoption of adults and emancipated minors

AB526,128,22 882.01 Who may adopt adult or emancipated minor. (1) An adult may adopt another adult or an emancipated minor under this chapter, except as follows:

AB526,128,23 (a) An adult may not adopt his or her spouse.

AB526,128,25 (b) An incompetent person of any age may be adopted only in accordance with ss. 48.82 to 48.94.

AB526,129,3 (2) An individual who has adopted an adult or an emancipated minor may not adopt another adult or emancipated minor within one year after the adoption, unless the prospective adoptee is a sibling of the adoptee.

AB526,129,7 882.02 Legal consequences of adoption. The legal consequences of an adoption of an adult or emancipated minor are the same as those specified in s. 48.81 (3) to (6), except that the legal consequences of an adoption of an adult stepchild by an adult stepparent are the same as those specified in s. 48.94 (3).

AB526,129,9 882.03 Consent to adoption. (1) Consent to the adoption of an adult or an emancipated minor is required of only the following persons:

AB526,129,10 (a) The adoptee.

AB526,129,11 (b) The prospective adoptive parent.

AB526,129,15 (c) The spouse of the prospective adoptive parent, unless the prospective adoptive parent and his or her spouse are legally separated or the court finds that the spouse is not capable of giving consent or is withholding consent contrary to the best interest of the adoptee and the prospective adoptive parent.

AB526,129,17 (2) The consent of the adoptee and the prospective adoptive parent shall meet all of the following requirements:

AB526,129,20 (a) The consent shall be in writing and shall be signed or confirmed by the adoptee and the prospective adoptive parent in the presence of the court or an individual authorized to take acknowledgements.

AB526,129,23 (b) The consent shall state that the adoptee and the prospective adoptive parent agree to assume toward each other the legal relationship of parent and child and to have all of the rights and be subject to all of the duties of that relationship.

AB526,130,3 (c) The consent shall state that the adoptee and the proposed adoptive parent understand the consequences that the adoption may have on any right of inheritance, property or support that each has.

AB526,130,9 (3) The consent of the spouse of the prospective adoptive parent shall be in writing, shall be signed or confirmed in the presence of the court or an individual authorized to take acknowledgements, shall state that the spouse consents to the proposed adoption and understands the consequences that the adoption may have on any right of inheritance, property or support that the spouse has and may contain a waiver of notice of the proceeding for adoption.

AB526,130,13 882.04 Jurisdiction and venue. (1) The circuit court has jurisdiction over a proceeding for the adoption of an adult or emancipated minor under this chapter if a petitioner has lived in this state for at least 90 days immediately preceding the filing of the petition for adoption.

AB526,130,15 (2) A petition for adoption under this chapter may be filed in the circuit court of the county in which a petitioner lives.

AB526,130,18 882.05 Petition for adoption. (1) A prospective adoptive parent and an adoptee petitioning for adoption under this chapter shall jointly file the petition for adoption.