48.432(8m)(b)
(b) A request or a court order for medical or genetic information under
subs. (3) and
(4) if it is accompanied by a statement from a physician certifying that a child has acquired or may have a genetically transferable disease.
48.432(8m)(c)
(c) Any reports and requests specified by the department by rule.
48.432(9)
(9) The department shall promulgate rules to implement this section and may contract with an agency to administer this section.
48.433
48.433
Access to identifying information about parents. 48.433(2)
(2) Any birth parent whose rights have been terminated in this state at any time, or who has consented to the adoption of his or her child in this state before February 1, 1982, may file with the department, or agency contracted with under
sub. (11), an affidavit authorizing the department or agency to provide the child with 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.
48.433(3)
(3) Any person 21 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 agency contracted with under
sub. (11), to provide the person with the following:
48.433(3)(b)
(b) Any available information regarding the identity and location of his or her birth parents.
48.433(4)
(4) Before acting on the request, the department, or agency contracted with under
sub. (11), shall require the requester to provide adequate identification.
48.433(5)
(5) The department, or agency contracted with under
sub. (11), shall disclose the requested information in either of the following circumstances:
48.433(5)(a)
(a) The department, or agency contracted with under
sub. (11), has on file unrevoked affidavits filed under
sub. (2) from both birth parents.
48.433(5)(b)
(b) One of the birth parents was unknown at the time of the proceeding for termination of parental rights or consent adoption and the known birth parent has filed an unrevoked affidavit under
sub. (2).
48.433(6)(a)(a) If the department, or agency contracted with under
sub. (11), does not have on file an affidavit from each known birth parent, it shall, within 3 months after the date of the original request, undertake a diligent search for each birth parent who has not filed an affidavit. 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.
48.433(6)(c)
(c) Employes of the department and any agency conducting a search under this subsection may not inform any person other than the birth parents of the purpose of the search.
48.433(6)(d)
(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 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.
48.433(7)(a)(a) The department or agency conducting the search shall, upon locating a birth parent, make at least one verbal contact and notify him or her of the following:
48.433(7)(a)3.
3. The fact that the birth parent has the right to file with the department the affidavit under
sub. (2).
48.433(7)(b)
(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.
48.433(7)(c)
(c) If the birth parent files the affidavit, the department, or agency contracted with under
sub. (11), shall disclose the requested information if permitted under
sub. (5).
48.433(7)(d)
(d) If the department or an agency has contacted a birth parent under this subsection, and the birth parent does not file the affidavit, the department may not disclose the requested information.
48.433(7)(e)
(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).
48.433(7)(f)
(f) The department or agency conducting a search under this subsection may not contact a birth parent again on behalf of the same requester until at least 12 months after the date of the previous contact. Further contacts with a birth parent under this subsection on behalf of the same requester may be made only if 5 years have elapsed since the date of the last contact.
48.433(8)(a)(a) If a birth parent is known to be dead 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 his or her original birth certificate or with the identity of that parent, but shall provide the requester with any available information it has on file regarding the identity and location of the other birth parent if both of the following conditions exist:
48.433(8)(a)1.
1. The other birth parent has filed an unrevoked affidavit under
sub. (2).
48.433(8)(a)2.
2. One year has elapsed since the death of the deceased birth parent.
48.433(8)(b)
(b) If a birth parent is known to be dead, 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 parent on file with the department or agency.
48.433(8m)
(8m) If the department, or agency contracted with under
sub. (11), may not disclose the information requested under this section, it shall provide the requester with any nonidentifying social history information about either of the birth parents that it has on file.
48.433(9)
(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.
48.433(10)
(10) Any person, including this state or any political subdivision of this state, who participates in good faith in any requirement of this section shall have immunity from any liability, civil or criminal, that results from his or her actions. In any proceeding, civil or criminal, the good faith of any person participating in the requirements of this section shall be presumed.
48.433(11)
(11) The department shall promulgate rules to implement this section and may contract with an agency to administer this section.
48.435
48.435
Custody of children. The mother of a nonmarital child has legal custody of the child unless the court grants legal custody to another person or transfers legal custody to an agency.
48.435 History
History: 1979 c. 330;
1983 a. 447.
JURISDICTION OVER PERSON 17 OR OLDER
48.44
48.44
Jurisdiction over persons 17 or older. 48.44(1)
(1) The court has jurisdiction over persons 17 or older as provided under
ss. 48.355 (4) and
48.45 and as otherwise specifically provided in this chapter.
48.44(2)
(2) The court has jurisdiction over a person subject to an order under
s. 48.366 for all matters relating to that order.
48.45
48.45
Orders applicable to adults. 48.45(1)(a)(a) If in the hearing of a case of a child alleged to be in a condition described in
s. 48.13 it appears that any person 17 or older has been guilty of contributing to, encouraging, or tending to cause by any act or omission, such condition of the child, the judge may make orders with respect to the conduct of such person in his or her relationship to the child, including orders determining the ability of the person to provide for the maintenance or care of the child and directing when, how and where funds for the maintenance or care shall be paid.
48.45(1)(b)
(b) An act or failure to act contributes to a condition of a child as described in
s. 48.13, although the child is not actually adjudicated to come within the provisions of
s. 48.13, if the natural and probable consequences of that act or failure to act would be to cause the child to come within the provisions of
s. 48.13.
48.45(1m)(a)(a) In a proceeding in which a child has been found to be in need of protection or services under
s. 48.13, the judge may order the child's parent, guardian or legal custodian to comply with any conditions determined by the judge to be necessary for the child's welfare. An order under this paragraph may include an order to participate in mental health treatment, anger management, individual or family counseling or parent training and education and to make a reasonable contribution, based on ability to pay, toward the cost of those services.
48.45(1m)(b)
(b) A judge may not order inpatient treatment under
par. (a) for a child's parent, guardian or legal custodian. All inpatient treatment commitments or admissions must be conducted in accordance with
ch. 51.
48.45(2)
(2) No order under
sub. (1) (a) or
(1m) (a) may be entered until the person who is the subject of the contemplated order is given an opportunity to be heard on the contemplated order. The court shall cause notice of the time, place and purpose of the hearing to be served on the person personally at least 10 days before the date of hearing. The procedure in these cases shall, as far as practicable, be the same as in other cases in the court. At the hearing the person may be represented by counsel and may produce and cross-examine witnesses. Any person who fails to comply with any order issued by a court under
sub. (1) (a) or
(1m) (a) may be proceeded against for contempt of court. If the person's conduct involves a crime, the person may be proceeded against under the criminal law.
48.45(3)
(3) If it appears at a court hearing that any person 17 or older has violated
s. 948.40, the judge shall refer the record to the district attorney for criminal proceedings as may be warranted in the district attorney's judgment. This subsection does not prevent prosecution of violations of
s. 948.40 without the prior reference by the judge to the district attorney, as in other criminal cases.
48.45 Annotation
Involuntary commitment was not authorized by this section. Contempt In Interest of J. S., 137 W (2d) 217, 404 NW (2d) 79 (Ct. App. 1987).
REHEARING AND APPEAL
48.46
48.46
New evidence; relief from judgment terminating parental rights. 48.46(1)(1) Except as provided in
sub. (2), the parent, guardian or legal custodian of the child or the child whose status is adjudicated by the court may at any time within one year after the entering of the court's order petition the court for a rehearing on the ground that new evidence has been discovered affecting the advisability of the court's original adjudication. Upon a showing that such evidence does exist, the court shall order a new hearing.
48.46(2)
(2) A parent who has consented to the termination of his or her parental rights under
s. 48.41 or who did not contest the petition initiating the proceeding in which his or her parental rights were terminated may move the court for relief from the judgment on any of the grounds specified in
s. 806.07 (1) (a),
(b),
(c),
(d) or
(f). Any such motion shall be filed within 30 days after the entry of the judgment or order terminating parental rights, unless the parent files a timely notice of intent to pursue relief from the judgment under
s. 808.04 (7m), in which case the motion shall be filed within the time permitted by
s. 809.107 (5). A motion under this subsection does not affect the finality or suspend the operation of the judgment or order terminating parental rights. Motions under this subsection and appeals to the court of appeals shall be the exclusive remedies for such a parent to obtain a new hearing in a termination of parental rights proceeding.
48.46 History
History: 1977 c. 449;
1979 c. 300;
1987 a. 383; Sup. Ct. Order, 146 W (2d) xxxiii (1988);
1995 a. 275.
48.46 Note
Judicial Council Note, 1988: Sub. (2) limits the remedies for relief from a judgment or order terminating parental rights when the aggrieved party is a parent whose rights were terminated by consent or who has failed to contest the petition. The motion for relief from the judgment or order must be filed within 40 days after entry of the judgment or order terminating parental rights, unless the appellate process is timely initiated, in which case the motion must be filed within 60 days after service of the transcript. The court must grant a rehearing upon a prima facie showing of one or more of the following grounds: mistake, inadvertence, surprise or excusable neglect; newly discovered evidence justifying a new hearing under s. 805.15 (3); fraud, misrepresentation or other misconduct of an adverse party; the judgment or order is void; the judgment or order is based upon a prior judgment which has been reversed or otherwise vacated. [Re Order effective Jan. 1, 1989]
48.46 Annotation
An affidavit by the mother that she consented under duress and one by her attorney as to what he expected to prove are not sufficient to reopen the case. Schroud v. Milw. County Dept. of Pub. Welfare, 53 W (2d) 650, 193 NW (2d) 671.
AUTHORITY
48.48
48.48
Authority of department of health and family services. The department of health and family services shall have authority:
48.48(1)
(1) To promote the enforcement of the laws relating to nonmarital children and children in need of protection or services including developmentally disabled children and to take the initiative in all matters involving the interests of such children where adequate provision therefor is not made. This duty shall be discharged in cooperation with the courts, county departments, licensed child welfare agencies and with parents and other individuals interested in the welfare of children.
48.48(2)
(2) To assist in extending and strengthening child welfare services with appropriate federal agencies and in conformity with the federal social security act and in cooperation with parents, other individuals and other agencies so that all children needing such services are reached.
48.48(3)
(3) To accept guardianship of children when appointed by the court, and to provide special treatment and care when directed by the court. A court may not direct the department to administer psychotropic medications to children who receive special treatment or care under this subsection.
48.48(3m)
(3m) To accept appointment by an American Indian tribal court in this state as guardian of a child for the purpose of making an adoptive placement for the child if all of the following conditions exist:
48.48(3m)(a)
(a) The child does not have parents or a guardian or the parental rights to the child have been terminated by a tribal court in accordance with procedures that are substantially equivalent to the procedures specified in
subch. VIII.
48.48(3m)(b)
(b) The tribal court has transferred the guardianship or legal custody, or both, of the child to the department, if the child does not have parents or a guardian.
48.48(3m)(c)
(c) The tribal court's judgment for termination of parental rights identifies the department as the agency that will receive guardianship or legal custody, or both, of the child upon termination, if the parental rights to the child have been terminated.
48.48(3m)(d)
(d) The tribal court has signed a written contract that addresses federal and state law and that provides that the tribal court will accept the return of the legal custody or the legal custody and guardianship of the child if the department petitions the tribal court to do so under
s. 48.485.
48.48(7)
(7) To accept guardianship of children when appointed by the court.
48.48(8)
(8) To place children under its guardianship for adoption.
48.48(8m)
(8m) To enter into agreements with American Indian tribes in this state to implement the Indian child welfare act,
25 USC 1911 to
1963.
48.48(9)
(9) To license foster homes or treatment foster homes as provided in
s. 48.66 (1) for its own use or for the use of licensed child welfare agencies or, if requested to do so, for the use of county departments.
48.48(10)
(10) To license child welfare agencies and day care centers as provided in
s. 48.66 (1).
48.48(11)
(11) When notified of the birth or expected birth of a child who is or is likely to be a nonmarital child, to see that the interests of the child are safeguarded, that steps are taken to establish the child's paternity and that there is secured for the child, if possible, the care, support and education the child would receive if he or she were a marital child.
48.48(12)(a)(a) To enter into an agreement to assist in the cost of care of a child after legal adoption when the department has determined that such assistance is necessary to assure the child's adoption. Agreements under this paragraph shall be made in accordance with
s. 48.975. Payments shall be made from the appropriation under
s. 20.435 (3) (dd).
48.48(12)(b)
(b) This subsection shall be administered by the department according to criteria, standards and review procedures which it shall establish.
48.48(13)
(13) To promulgate rules for the payment of an allowance to children in its institutions and a cash grant to a child being discharged from its institutions.
