AB489: Bill Text

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)