48.81(1)
(1) Both of the child's parents are deceased.
48.81(2)
(2) The parental rights of both of the child's parents with respect to the child have been terminated under
subch. VIII or in another state or a foreign jurisdiction.
48.81(3)
(3) The parental rights of one of the child's parents with respect to the child have been terminated under
subch. VIII or in another state or a foreign jurisdiction and the child's other parent is deceased.
48.81(4)
(4) The person filing the petition for adoption is the spouse of the child's parent with whom the child and the child's parent reside and either of the following applies:
48.81(4)(b)
(b) The parental rights of the child's other parent with respect to the child have been terminated under
subch. VIII or in another state or a foreign jurisdiction.
48.81 Note
NOTE: 1997 Wis. Act 104, which affected this section, contains explanatory notes.
48.82
48.82
Who may adopt. 48.82(1)(1) The following persons are eligible to adopt a minor if they are residents of this state:
48.82(1)(a)
(a) A husband and wife jointly, or either the husband or wife if the other spouse is a parent of the minor.
48.82(3)
(3) When practicable and if requested by the birth parent, the adoptive parents shall be of the same religious faith as the birth parents of the person to be adopted.
48.82(4)
(4) No person may be denied the benefits of this subchapter because of a religious belief in the use of spiritual means through prayer for healing.
48.82(5)
(5) Although otherwise qualified, no person shall be denied the benefits of this section because the person is deaf, blind or has other physical handicaps.
48.82(6)
(6) No otherwise qualified person may be denied the benefits of this subchapter because of his or her race, color, ancestry or national origin.
48.82 Annotation
Standing to object to adoption proceedings turns on the right to petition for adoption; grandparents excluded from petitioning under s. 48.90 (1) (a) had no standing to object to the adoption of their grandchildren. Adoption of J.C.G. 177 W (2d) 424, 501 NW (2d) 908 (Ct. App. 1993).
48.825
48.825
Advertising related to adoption. 48.825(1)(a)
(a) "Advertise" means to communicate by any public medium that originates within this state, including by newspaper, periodical, telephone book listing, outdoor advertising sign, radio or television.
48.825(1)(b)
(b) "Another jurisdiction" means a state of the United States other than Wisconsin, the District of Columbia, the Commonwealth of Puerto Rico, any territory or insular possession subject to the jurisdiction of the United States or a federally recognized American Indian tribe or band.
48.825(2)
(2) Except as provided in
sub. (3), no person may do any of the following:
48.825(2)(a)
(a) Advertise for the purpose of finding a child to adopt.
48.825(2)(b)
(b) Advertise that the person will find an adoptive home for a child or arrange for or assist in the adoption or adoptive placement of a child.
48.825(2)(c)
(c) Advertise that the person will place a child for adoption.
48.825(3)
(3) This section does not apply to any of the following:
48.825(3)(a)
(a) The department, a county department or a child welfare agency licensed under
s. 48.60 to place children for adoption.
48.825(3)(b)
(b) An individual or agency providing adoption information exchange services under
s. 48.55.
48.825(3)(d)
(d) An individual who has received a favorable recommendation regarding his or her fitness to be an adoptive parent in this state from the department, a county department or a child welfare agency licensed under
s. 48.60 or in another jurisdiction from an entity authorized by that jurisdiction to conduct studies of potential adoptive homes.
48.825(3)(e)
(e) An individual seeking to place his or her child for adoption.
48.825(4)
(4) Nothing in this section prohibits an attorney licensed to practice in this state from advertising his or her availability to practice or provide services relating to the adoption of children.
48.825(5)
(5) Any person who violates
sub. (2) may be fined not more than $10,000 or imprisoned not more than 9 months or both.
48.825 History
History: 1997 a. 104.
48.825 Note
NOTE: 1997 Wis. Act 104, which affected this section, contains explanatory notes.
48.83
48.83
Jurisdiction and venue. 48.83(1)
(1) The court of the county where the proposed adoptive parent or child resides, upon the filing of a petition for adoption or for the adoptive placement of a child, has jurisdiction over the child until the petition is withdrawn, denied or granted. Venue shall be in the county where the proposed adoptive parent or child resides at the time the petition is filed. The court may transfer the case to a court in the county in which the proposed adoptive parents reside.
48.83(2)
(2) If the adoption is denied, jurisdiction over the child shall immediately revert to the court which appointed the guardian, unless the appointing court is a court of another state or foreign jurisdiction, in which case the court of the county where the child is shall have jurisdiction.
48.831
48.831
Appointment of guardian for child without a living parent for adoptability finding. 48.831(1)
(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.
48.831(1m)
(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):
48.831(1m)(d)
(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.
48.831(1m)(e)
(e) A guardian appointed under
ch. 880 whose resignation as guardian has been accepted by a court under
s. 880.17 (1).
48.831(2)
(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.
48.831(3)
(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).
48.831(4)(a)(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.
48.831(4)(b)
(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:
48.831(4)(c)
(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.
48.831(4)(e)
(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.
48.832
48.832
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) (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.
48.832 History
History: 1989 a. 161;
1997 a. 27.
48.833
48.833
Placement of children for adoption by the department, county departments and child welfare agencies. The department, a county department under
s. 48.57 (1) (e) or
(hm) or a child welfare agency licensed under
s. 48.60 may place a child for adoption in a licensed foster home or a licensed treatment foster home without a court order if the department, county department under
s. 48.57 (1) (e) or
(hm) or the child welfare agency is the guardian of the child or makes the placement at the request of another agency which is the guardian of the child. Before placing a child for adoption under this section, the department, county department or child welfare agency making the placement shall consider the availability of a placement for adoption with a relative of the child who is identified in the child's permanency plan under
s. 48.38 or
938.38 or who is otherwise known by the department, county department or child welfare agency. When a child is placed under this section in a licensed foster home or a licensed treatment foster home for adoption, the department, county department or child welfare agency making the placement shall enter into a written agreement with the adoptive parent, which shall state the date on which the child is placed in the licensed foster home or licensed treatment foster home for adoption by the adoptive parent.
48.835
48.835
Placement of children with relatives for adoption. 48.835(1)(1)
Definition. In this section and
s. 48.837, "custody" means physical custody of a child by the child's parent not in violation of a custody order issued by a court. "Custody" does not include physical custody of a child during a period of physical placement with a parent who does not have legal custody of the child.
48.835(2)
(2) Adoptive placement. A parent having custody of a child may place the child for adoption in the home of a relative of the child without a court order.
48.835(3)
(3) Petition for termination of parental rights required; exception. 48.835(3)(a)(a) If the child's parent has not filed a petition for the termination of parental rights under
s. 48.42, the relative with whom the child is placed shall file a petition for the termination of the parents' rights at the same time the petition for adoption is filed, except as provided under
par. (b).
48.835(3)(b)
(b) If the person filing the adoption petition is a stepparent with whom the child and the child's parent reside, the stepparent shall file only a petition to terminate the parental rights of the parent who does not have custody of the child.
48.835(4)
(4) Hearings. Notwithstanding
s. 48.90 (1) (a), the court may hold the hearing on the adoption petition immediately after entering the order to terminate parental rights under
s. 48.427 (3).
48.835 Annotation
Concurrent TPR/adoption proceedings under s. 48.835 are subject to the requirement under s. 48.422 that the initial hearing be held within 30 days of filing the petition. In re J.L.F. 168 (2d) 634, 484 NW (2d) 359 (Ct. App. 1992).
48.835 Annotation
Grandparents excluded from petitioning under s. 48.90 (1) (a) had no standing under this section to object to the adoption of their grandchildren. Adoption of J.C.G. 177 W (2d) 424, 501 NW (2d) 908 (Ct. App. 1993).
48.837
48.837
Placement of children with nonrelatives for adoption. 48.837(1)(1)
Adoptive placement. A parent having custody of a child and the proposed adoptive parent or parents of the child may petition the court for placement of the child for adoption in the home of a person who is not a relative of the child if the home is licensed as a foster home or treatment foster home under
s. 48.62.
48.837(2)
(2) Petition for placement. The petition for adoptive placement shall be verified and shall allege all of the following:
48.837(2)(a)
(a) The name, address and age of the child or the expected birth date of the child.
48.837(2)(b)
(b) The name, address and age of the birth parents and the proposed adoptive parents.
48.837(2)(c)
(c) The identity of any person or agency which solicited, negotiated or arranged the placement of the child with the proposed adoptive parents.
48.837(3)
(3) Petition for termination of parental rights required. The petition under
sub. (2) shall be filed with a petition under
s. 48.42 for the voluntary consent to the termination of any existing rights of the petitioning parent or parents.
48.837(4)
(4) Responsibilities of court. On the filing of the petitions under this section the court:
48.837(4)(a)
(a) Shall hold a hearing within 30 days after the date of filing of the petitions, except that the hearing may not be held before the birth of the child.
48.837(4)(b)
(b) Shall appoint counsel or guardians ad litem when required under
s. 48.23.
48.837(4)(c)
(c) Shall order the department or a county department under
s. 48.57 (1) (e) or
(hm) to investigate the proposed adoptive placement, to interview each petitioner, to provide counseling if requested and to report its recommendation to the court at least 5 days before the hearing on the petition. If a licensed child welfare agency has investigated the proposed adoptive placement and interviewed the petitioners, the court may accept a report and recommendation from the child welfare agency in place of the court-ordered report required under this paragraph.
48.837(4)(d)
(d) May, at the request of a petitioning parent, or on its own motion after ordering the child taken into custody under
s. 48.19 (1) (c), order the department or a county department under
s. 48.57 (1) (e) or
(hm) to place the child, pending the hearing on the petition, in any home licensed under
s. 48.62 except the home of the proposed adoptive parents or a relative of the proposed adoptive parents.
48.837(4)(e)
(e) Shall, before hearing the petitions under
subs. (2) and
(3), ascertain whether the child's paternity has been acknowledged under
s. 767.62 (1) or a substantially similar law of another state or adjudicated in this state or another jurisdiction. If any person has filed a declaration of paternal interest under
s. 48.025, the court shall determine the rights of that person. If the child's paternity has not been acknowledged or adjudicated and if no person has filed a declaration under
s. 48.025, the court shall attempt to ascertain the paternity of the child. The court may not proceed with the hearing on the petitions under this section unless the parental rights of the nonpetitioning parent, whether known or unknown, have been terminated.
