48.92 Annotation
Except in the case of stepparent adoption, the parental rights of both birth parents are terminated, effectively preventing a birth parent's nonmarital partner from adopting the birth parent's child. This provision does not violate the constitutional rights of either the child or nonmarital partner. Interest of Angel Lace M. 184 W (2d) 492, 516 NW (2d) 678 (1994).
48.925
48.925
Visitation rights of certain persons. 48.925(1)
(1) Upon petition by a relative who has maintained a relationship similar to a parent-child relationship with a child who has been adopted by a stepparent or relative, the court may grant reasonable visitation rights to that person if the petitioner has maintained such a relationship within 2 years prior to the filing of the petition, if the adoptive parent or parents, or, if a birth parent is the spouse of an adoptive parent, the adoptive parent and birth parent, have notice of the hearing and if the court determines all of the following:
48.925(1)(a)
(a) That visitation is in the best interest of the child.
48.925(1)(b)
(b) That the petitioner will not undermine the adoptive parent's or parents' relationship with the child or, if a birth parent is the spouse of an adoptive parent, the adoptive parent's and birth parent's relationship with the child.
48.925(1)(c)
(c) That the petitioner will not act in a manner that is contrary to parenting decisions that are related to the child's physical, emotional, educational or spiritual welfare and that are made by the adoptive parent or parents or, if a birth parent is the spouse of an adoptive parent, by the adoptive parent and birth parent.
48.925(2)
(2) Whenever possible, in making a determination under
sub. (1), the court shall consider the wishes of the adopted child.
48.925(3)
(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.
48.925(4)
(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.
48.925 History
History: 1991 a. 191.
48.925 Annotation
Grandparents' Visitation Rights Following Adoption: Expanding Traditional Boundaries in Wisconsin. Hintz. 1994 WLR 484.
48.925 Annotation
Grandparent Visitation Rights. Rothstein. Wis. Law. Nov. 1992.
48.925 Annotation
The Effect of C.G.F. and Section 48.925 on Grandparental Visitation Petitions. Hughes. Wis. Law. Nov. 1992.
48.93
48.93
Records closed. 48.93(1d)
(1d) All records and papers pertaining to an adoption proceeding shall be kept in a separate locked file and may not be disclosed except under
sub. (1g) or
(1r),
s. 46.03 (29),
48.432,
48.433 or
48.57 (1) (j), or by order of the court for good cause shown.
48.93(1g)
(1g) At the time a court enters an order granting an adoption, it shall provide the adoptive parents with a copy of the child's medical record under
s. 48.425 (1) (am) or with any information provided to the court under
s. 48.422 (9) or
48.425 (2), after deleting the names and addresses of the child's birth parents and the identity of any provider of health care to the child or the child's birth parents.
48.93(1r)
(1r) Any agency which has placed a child for adoption shall, at the request of an adoptive parent or of the adoptee, after he or she has reached age 18, provide the requester without charge, except for the actual cost of reproduction, with medical or genetic information about the adoptee or about the adoptee's birth parents which it has on file and with nonidentifying social history information about the adoptee's family which it has on file, after deleting the names and addresses of the birth parents and any provider of health care to the adoptee or the adoptee's birth parents. The agency may charge a requester a fee for the cost of verifying, purging, summarizing, copying and mailing the information according to the fee schedule established by the department under
s. 48.432 (3) (c). The fee may not be more than $150 and may be waived by the agency.
48.93(2)
(2) All correspondence and papers, relating to the investigation, which are not a part of the court record, except those in the custody of agencies authorized to place children for adoption shall be transferred to the department and placed in its closed files.
48.93 Annotation
Adoption records reform: Impact on adoptees. 67 MLR 110 (1983).
48.94
48.94
New birth certificate. After entry of the order granting the adoption the clerk of the court shall promptly mail a copy thereof to the state bureau of vital statistics and furnish any additional data needed for the new birth certificate. Whenever the parents by adoption, or the adopting parent and a birth parent who is the spouse of the adopting parent, request, that the birth certificate for the person adopted be not changed, then the court shall so order. In such event no new birth certificate shall be filed by the state registrar of vital statistics, notwithstanding the provisions of
s. 69.15 (2) or any other law of this state.
48.95
48.95
Withdrawal or denial of petition. Except as provided under
s. 48.839 (3) (b), if the petition is withdrawn or denied, the circuit court shall order the case transferred to the court assigned to exercise jurisdiction under this chapter and
ch. 938 for appropriate action, except that if parental rights have been terminated and the guardian of the minor is the department, a licensed child welfare agency or a county department under
s. 48.57 (1) (e) or
(hm), the minor shall remain in the legal custody of the guardian.
48.96
48.96
Subsequent adoption. The adoption of an adopted person is authorized and, in that case, the references to parent and birth parent are to adoptive parent.
48.96 History
History: 1981 c. 359 s.
16.
48.97
48.97
Adoption orders of other jurisdictions. When the relationship of parent and child has been created by an order of adoption of a court of any other state or nation, the rights and obligations of the parties as to matters within the jurisdiction of this state shall be determined by
s. 48.92. If the adoptive parents were residents of this state at the time of the foreign adoption, the preceding sentence applies only if the department has approved the placement. A child whose adoption would otherwise be valid under this section may be readopted in accordance with this chapter.
48.975
48.975
Adoption assistance. 48.975(1)(1)
Definition. In this section, "adoption assistance" means payments by the department to the adoptive or proposed adoptive parents of a child which are designed to assist in the cost of care of that child after an agreement under
sub. (4) has been signed and the child has been placed for adoption with the adoptive or proposed adoptive parents.
48.975(2)
(2) Applicability. The department may provide adoption assistance only when it has determined that such assistance is necessary to assure the child's adoption.
48.975(3)
(3) Types. The department may provide adoption assistance for maintenance, medical care or nonrecurring adoption expenses, or for any combination of those types of adoption assistance, according to the following criteria:
48.975(3)(a)
(a)
Maintenance. For support of a child who was in foster care or treatment foster care immediately prior to adoption, the adoption assistance for maintenance shall be equivalent to the amount of that child's foster care or treatment foster care payment. For support of a child not in foster care or treatment foster care immediately prior to placement with a subsidy, the adoption assistance for maintenance shall be equivalent to the uniform foster care rate.
48.975(3)(b)
(b)
Medical. The adoption assistance for medical care shall be sufficient to pay expenses due to a physical, mental or emotional condition of the child which is not covered by a health insurance policy insuring the child or the parent.
48.975(3)(c)
(c)
Nonrecurring adoption expenses. Subject to any maximum amount provided by the department by rule promulgated under
sub. (5), the adoption assistance for nonrecurring adoption expenses shall be sufficient to pay the reasonable and necessary adoption fees, court costs, legal fees and other expenses that are directly related to the adoption of the child and that are not incurred in violation of any state or federal law.
48.975(4)
(4) Procedure. A written agreement to provide adoption assistance shall be made prior to legal adoption only for children in the guardianship of the department or other agency authorized to place children for adoption or for children in the guardianship of an American Indian tribal agency in this state. The adoption assistance may be continued after the child reaches the age of 18 if that child is a full-time high school student.
48.975(5)
(5) Rules. The department shall promulgate rules necessary to implement this section.
48.977
48.977
Appointment of relatives as guardians for certain children in need of protection or services. 48.977(2)
(2) Type of guardianship. This section may be used for the appointment of a relative of a child as a guardian of the person for the child if the court finds all of the following:
48.977(2)(a)
(a) That the child has been adjudged to be in need of protection or services under
s. 48.13 (1),
(2),
(3),
(3m),
(4),
(5),
(8),
(9),
(10),
(10m),
(11) or
(11m) or
938.13 (4) and been placed, or continued in a placement, outside of his or her home pursuant to one or more court orders under
s. 48.345,
48.357,
48.363,
48.365,
938.345,
938.357,
938.363 or
938.365 for a cumulative total period of one year or longer.
48.977(2)(b)
(b) That the person nominated as the guardian of the child is a relative of the child with whom the child has been placed and that it is likely that the child will continue to be placed with that relative for an extended period of time or until the child attains the age of 18 years.
48.977(2)(c)
(c) That, if appointed, it is likely that the relative would be willing and able to serve as the child's guardian for an extended period of time or until the child attains the age of 18 years.
48.977(2)(d)
(d) That it is not in the best interests of the child that a petition to terminate parental rights be filed with respect to the child.
48.977(2)(e)
(e) That the child's parent is neglecting, refusing or unable to carry out the duties of a guardian or, if the child has 2 parents, both parents are neglecting, refusing or unable to carry out the duties of a guardian.
48.977(2)(f)
(f) That the agency primarily responsible for providing services to the child under a court order has made reasonable efforts to make it possible for the child to return to his or her home but that reunification of the child with the child's parent or parents is unlikely or contrary to the best interests of the child and that further reunification efforts are unlikely to be made or are contrary to the best interests of the child.
48.977(3)
(3) Designation as a permanent placement. If a court appoints a guardian for a child under
sub. (2), the court may designate the child's placement with that guardian as the child's permanent foster placement, but only for purposes of
s. 48.368 (2).
48.977(4)(a)(a)
Who may file petition. Any of the following persons may file a petition for the appointment of a guardian for a child under
sub. (2):
48.977(4)(a)1.
1. The child or the child's guardian or legal custodian.
48.977(4)(a)4.
4. The relative with whom the child is placed if the relative is nominated as the guardian of the child in the petition.
48.977(4)(a)7.
7. A licensed child welfare agency that has been assigned primary responsibility for providing services to the child under a court order.
48.977(4)(b)
(b) Contents of petition. A proceeding for the appointment of a guardian for a child under
sub. (2) shall be initiated by a petition which shall be entitled "In the interest of .... (child's name), a person under the age of 18" and shall set forth all of the following with specificity:
48.977(4)(b)2.
2. The names and addresses of the child's parent or parents, guardian and legal custodian.
48.977(4)(b)3.
3. The date the child was adjudged in need of protection or services under
s. 48.13 (1),
(2),
(3),
(3m),
(4),
(5),
(8),
(9),
(10),
(10m),
(11) or
(11m) or
938.13 (4) and the dates that the child has been placed, or continued in a placement, outside of his or her home pursuant to one or more court orders under
s. 48.345,
48.357,
48.363,
48.365,
938.345,
938.357,
938.363 or
938.365.
48.977(4)(b)4.
4. A statement of the facts and circumstances which the petition alleges establish that the conditions specified in
sub. (2) (b) to
(f) are met.
48.977(4)(b)5.
5. A statement of whether the proceedings are subject to the uniform child custody jurisdiction act under
ch. 822.
48.977(4)(c)1.1. The petitioner shall cause the petition and notice of the time and place of the hearing under
par. (cm) to be served upon all of the following persons:
48.977(4)(c)1.g.
g. The relative with whom the child is placed if the relative is nominated as the guardian of the child in the petition.
48.977(4)(c)1.i.
i. The agency primarily responsible for providing services to the child under a court order.
48.977(4)(c)2.
2. Service shall be made by 1st class mail at least 7 days before the hearing or by personal service at least 7 days before the hearing or, if with reasonable diligence a party specified in
subd. 1. cannot be served by mail or personal service, service shall be made by publication of a notice published as a class 1 notice under
ch. 985. In determining which newspaper is likely to give notice as required under
s. 985.02 (1), the petitioner shall consider the residence of the party, if known, or the residence of the relatives of the party, if known, or the last-known location of the party.
48.977(4)(cm)1.1. A hearing to determine whether any party wishes to contest a petition filed under
par. (a) shall take place on a date which allows reasonable time for the parties to prepare but is no more than 30 days after the filing of the petition. At the hearing, the nonpetitioning parties and the child, if he or she is 12 years of age or over or is otherwise competent to do so, shall state whether they wish to contest the petition. Before accepting a plea of no contest to the allegations in the petition, the court shall do all of the following:
48.977(4)(cm)1.a.
a. Address the parties present and determine that the plea is made voluntarily and with understanding of the nature of the facts alleged in the petition, the nature of the potential disposition and the nature of the legal consequences of that disposition.
48.977(4)(cm)1.b.
b. Establish whether any promises or threats were made to elicit the plea of no contest and alert all unrepresented parties to the possibility that an attorney may discover grounds to contest the petition that would not be apparent to those parties.
48.977(4)(cm)1.c.
c. Make inquiries to establish to the satisfaction of the court that there is a factual basis for the plea of no contest.
48.977(4)(cm)2.
2. If the petition is not contested and if the court accepts the plea of no contest, the court may immediately proceed to a dispositional hearing under
par. (f) [(fm)], unless an adjournment is requested. If a party requests an adjournment, the court shall set a date for the dispositional hearing which allows reasonable time for the parties to prepare but is no more than 30 days after the plea hearing.
48.977 Note
NOTE: The bracketed language indicates the correct cross-reference. Corrective legislation is pending.
48.977(4)(cm)3.
3. If the petition is contested or if the court does not accept the plead of no contest, the court shall set a date for a fact-finding hearing under
par. (d) which allows reasonable time for the parties to prepare but is not more than 30 days after the plea hearing.
48.977(4)(d)
(d) Fact-finding hearing. The court shall hold a fact-finding hearing on the petition on the date set by the court under
par. (cm) 3., at which any party may present evidence relevant to the issue of whether the conditions specified in
sub. (2) (a) to
(f) have been met. If the court, at the conclusion of the fact-finding hearing, finds by clear and convincing evidence that the conditions specified in
sub. (2) (a) to
(f) have been met, the court shall immediately proceed to a dispositional hearing unless an adjournment is requested. If a party requests an adjournment, the court shall set a date for the dispositional hearing which allows reasonable time for the parties to prepare but is no more than 30 days after the fact-finding hearing.
48.977(4)(e)
(e) Court report. The court shall order the person or agency primarily responsible for providing services to the child under a court order to file with the court a report containing the written summary under
s. 48.38 (5) (e) and as much information relating to the appointment of a guardian as is reasonably ascertainable. The agency shall file the report at least 48 hours before the date of the dispositional hearing under
par. (f) [
par. (fm)].
48.977 Note
NOTE: The bracketed language indicates the correct cross-reference. Corrective legislation is pending.
