AB489: Bill Text

Analysis by the Legislative Reference Bureau

Current law provides a procedure by which a person whose birth parent's parental rights to that person have been terminated in this state at any time, or who has been adopted in this state before February 1, 1982, (birth child) may request the Department of Health and Family Services (DHFS), or 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 birth child, after he or she reaches 18 years of age, with any information that is available to DHFS or the agency regarding the identity and location of his or her 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 unrevoked affidavits from all known birth parents 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 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 establishes a similar procedure by which a birth parent may request DHFS or an agency to provide the birth parent, after his or her birth child reaches 18 years of age, with any information that is available to DHFS or the agency regarding the identity and location of the birth child. DHFS or the agency may provide that information with respect to a birth child only if DHFS or the agency has on file an unrevoked affidavit from the birth child authorizing the disclosure of that information. To file an affidavit, a birth child must be 18 years of age or over. If DHFS or an agency does not have on file an unrevoked affidavit from a birth child, DHFS or the agency may not search for the birth child and may not disclose identifying information concerning the birth child. If a birth child who has not filed an affidavit is known to be deceased, DHFS or the agency must so inform the requester and provide the requester with the identity of that birth child.

The bill also prohibits a birth parent from contacting a birth child who has not filed an unrevoked affidavit and any person from providing such a birth parent with any information about the identity or location of the birth child, except that this prohibition does not apply if, before the birth child reaches 18 years of age, the adoptive parents of the birth child authorized the release of that information to the birth parent. Any person who contacts a birth child in violation of the bill or who provides information to a birth parent in violation of the bill may be required to forfeit not more than $5,000 for each violation.

For further information see the state 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:

AB489, s. 1 Section 1. 48.433 (title) of the statutes is amended to read:

AB489,2,3 48.433 (title) Access to identifying information about birth parents and birth children.

AB489, s. 2 Section 2. 48.433 (1) (a) of the statutes is amended to read:

AB489,3,3 48.433 (1) (a) "Agency" has the meaning given under s. 48.432 (1) (ag) means a county department or a licensed child welfare agency that has contracted with the department under sub. (11) to administer this section.

AB489, s. 3 Section 3. 48.433 (1) (am) of the statutes is created to read:

AB489,3,8 48.433 (1) (am) "Birth child" means a person either of whose birth parent's parental rights to the person have been terminated in this state at any time or who has been adopted in this state with the consent of his or her birth parent or parents before February 1, 1982.

AB489, s. 4 Section 4. 48.433 (2) of the statutes is amended to read:

AB489,3,17 48.433 (2) Any birth parent whose parental rights to his or her birth child have been terminated in this state at any time, or who has consented to the adoption of his or her birth child in this state before February 1, 1982, may file with the department, or an agency contracted with under sub. (11), an affidavit authorizing the department or agency to provide the birth child with a copy of 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.

AB489, s. 5 Section 5. 48.433 (2m) of the statutes is created to read:

AB489,3,23 48.433 (2m) Any birth child 18 years of age or over may file with the department or an agency an affidavit authorizing the department or agency to provide his or her birth parent with any available information about the birth child's identity and location. An affidavit filed under this subsection may be revoked at any time by notifying the department or agency in writing.

AB489, s. 6 Section 6. 48.433 (3) (intro.) of the statutes is amended to read:

AB489,4,5 48.433 (3) (intro.) Any person birth child 18 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 an agency contracted with under sub. (11), to provide the person birth child with all of the following:

AB489, s. 7 Section 7. 48.433 (3) (a) of the statutes is amended to read:

AB489,4,7 48.433 (3) (a) The person's A copy of the birth child's original birth certificate.

AB489, s. 8 Section 8. 48.433 (3m) of the statutes is created to read:

AB489,4,12 48.433 (3m) Any birth parent of a birth child who is 18 years of age or over at the time of the request may request the department or an agency to provide the birth parent with any available information regarding the identity and location of the birth child.

AB489, s. 9 Section 9. 48.433 (4) of the statutes is amended to read:

AB489,4,16 48.433 (4) Before acting on the a request under sub. (3) or (3m), the department, or agency contracted with under sub. (11), shall require the requester to provide adequate identification.

AB489, s. 10 Section 10. 48.433 (5) (intro.) of the statutes is amended to read:

AB489,4,20 48.433 (5) (intro.) The department, or agency contracted with under sub. (11), shall disclose the requested information requested under sub. (3) in either of the following circumstances:

AB489, s. 11 Section 11. 48.433 (5) (a) of the statutes is amended to read:

AB489,4,23 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.

AB489, s. 12 Section 12. 48.433 (5) (b) of the statutes is amended to read:

AB489,5,3 48.433 (5) (b) One of the birth parents was unknown at the time of the proceeding for termination of parental rights or the consent to adoption and the known birth parent has filed an unrevoked affidavit under sub. (2).

AB489, s. 13 Section 13. 48.433 (5m) of the statutes is created to read:

AB489,5,11 48.433 (5m) The department or agency shall disclose to a birth parent who requests information under sub. (3m) any available information concerning the identity and location of any of the requester's birth children who has filed an unrevoked affidavit under sub. (2m). The department or agency may not disclose to a birth parent who requests information under sub. (3m) any information concerning the identity and location of any birth child of the requester who has not filed an unrevoked affidavit under sub. (2m) and may not search for that birth child.

AB489, s. 14 Section 14. 48.433 (6) (a) of the statutes is amended to read:

AB489,5,20 48.433 (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 known birth parent, it the department or agency shall, within 3 months after the date of the original request under sub. (3), undertake a diligent search for each birth parent who has not filed an affidavit under sub. (2). 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.

AB489, s. 15 Section 15. 48.433 (6) (d) of the statutes is amended to read:

AB489,6,2 48.433 (6) (d) The department, or agency contracted with under 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 the department or agency 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.

AB489, s. 16 Section 16. 48.433 (7) (a) 3. of the statutes is amended to read:

AB489,6,5 48.433 (7) (a) 3. The fact that the birth parent has the right to may file with the department the affidavit under sub. (2).

AB489, s. 17 Section 17. 48.433 (7) (b) of the statutes is amended to read:

AB489,6,10 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 under sub. (2).

AB489, s. 18 Section 18. 48.433 (7) (c) of the statutes is amended to read:

AB489,6,14 48.433 (7) (c) If the birth parent files the affidavit under sub. (2), the department, or agency contracted with under sub. (11), shall disclose the requested information if permitted under sub. (5).

AB489, s. 19 Section 19. 48.433 (7) (d) of the statutes is amended to read:

AB489,6,18 48.433 (7) (d) If the department or an agency has contacted a birth parent under this subsection, and the birth parent does not file the affidavit under sub. (2), the department or agency may not disclose the requested information.

AB489, s. 20 Section 20. 48.433 (7) (e) of the statutes is amended to read:

AB489,6,23 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).

AB489, s. 21 Section 21. 48.433 (8) (a) (intro.) of the statutes is amended to read:

AB489,7,7 48.433 (8) (a) (intro.) If a birth parent is known to be dead 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. The department or agency may not provide the requester with a copy of his or her original birth certificate or with the identity of that birth parent, but shall provide the requester with any available information it that the department or agency has on file regarding the identity and location of the other birth parent if both of the following conditions exist:

AB489, s. 22 Section 22. 48.433 (8) (b) of the statutes is amended to read:

AB489,7,13 48.433 (8) (b) If a birth parent is known to be dead deceased, the department, or agency contracted with under sub. (11), in addition to the information provided under par. (a), shall provide the requester with any nonidentifying social history information about the deceased birth parent that is on file with the department or agency.

AB489, s. 23 Section 23. 48.433 (8) (c) of the statutes is created to read:

AB489,7,17 48.433 (8) (c) If a birth child is known to be deceased, the department or agency shall so inform the requester and shall provide the requester with the identity of that birth child.

AB489, s. 24 Section 24. 48.433 (8m) of the statutes is amended to read:

AB489,7,22 48.433 (8m) If the department, or agency contracted with under sub. (11), may not disclose the information requested under this section, it sub. (3), the department or agency shall provide the requester with any nonidentifying social history information about either of the birth parents that it has on file.

AB489, s. 25 Section 25. 48.433 (9) of the statutes is amended to read:

AB489,8,3 48.433 (9) The requester may petition the circuit court to order the department or agency designated by the department to disclose any information that may not be disclosed under this section. The court shall grant the petition for good cause shown.

AB489, s. 26 Section 26. 48.433 (9m) of the statutes is created to read:

AB489,8,7 48.433 (9m) (a) Subject to par. (b), no birth parent may contact a birth child who has not filed an unrevoked affidavit under sub. (2m) and no person may provide such a birth parent with any information about the identity or location of the birth child.

AB489,8,10 (b) Paragraph (a) does not apply if, before the birth child reaches 18 years of age, the adoptive parents of the birth child authorize under s. 48.434 (3) or otherwise the release of the information specified in par. (a) to the birth parent.

AB489,8,12 (c) Subject to sub. (10), any person who violates par. (a) may be required to forfeit not more than $5,000 for each violation.

AB489, s. 27 Section 27. 48.434 (7) of the statutes is amended to read:

AB489,8,15 48.434 (7) This section does not apply if the adopted child is 21 18 years of age or over.

AB489, s. 28 Section 28. Nonstatutory provisions.

AB489,8,25 (1) Notice to birth children. The department of health and family services shall, no later than 3 months after the effective date of this subsection, publish in the official state newspaper designated under section 985.04 of the statutes a notice informing birth children, as defined in section 48.433 (1) (am) of the statutes, as created by this act, of their right to file with that department or an agency, as defined in section 48.433 (1) (a) of the statutes, as affected by this act, under section 48.433 (2m) of the statutes, as created by this act, an affidavit authorizing the disclosure to their birth parents, as defined in section 48.433 (1) (b) of the statutes, of information about their identity and location.

AB489, s. 29 Section 29. Fiscal changes.

AB489,9,8 (1) Birth child affidavit registry. In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of health and family services under section 20.435 (3) (a) of the statutes, as affected by the acts of 2007, the dollar amount is increased by $37,500 for fiscal year 2007-08 and the dollar amount is increased by $37,500 for fiscal year 2008-09 to increase the authorized FTE positions for the department by 1.0 GPR office associate position for the purpose of administering the birth child affidavit registry created under this act.

AB489, s. 30 Section 30. Initial applicability.

AB489,9,14 (1) Access to identifying information about adoptive parents and birth parents. The treatment of section 48.434 (7) of the statutes first applies to requests for access to identifying information about adoptive parents or birth parents that are received by an agency under section 48.434 (5) or (6) of the statutes on the effective date of this subsection.

AB489, s. 31 Section 31. Effective date.

AB489,9,18 (1) Birth child affidavit registry. This act takes effect on the day after publication, or on the 2nd day after publication of the 2007-09 biennial budget act, whichever is later.

AB489,9,19 (End)