48.427(7)(b)
(b) In addition to the notice permitted under
par. (a), any written order under
sub. (3) may notify the parent or parents of the information specified in
par. (a).
48.427 Annotation
Despite jury findings, the court may dismiss a termination petition if evidence does not support a finding or unfitness evidence is not so egregious as to warrant termination; whether evidence supports termination is matter of discretion. In Interest of K.D.J.
163 Wis. 2d 90,
470 N.W.2d 914 (1991).
48.428
48.428
Sustaining care. 48.428(1)(1) A court may place a child in sustaining care if the court has terminated the parental rights of the parent or parents of the child or has appointed a guardian for the child under
s. 48.831 and the court finds that the child is unlikely to be adopted or that adoption is not in the best interest of the child.
48.428(2)(a)(a) Except as provided in
par. (b), when a court places a child in sustaining care after an order under
s. 48.427 (4), the court shall transfer legal custody of the child to the county department, the department, in a county having a population of 500,000 or more, or a licensed child welfare agency, transfer guardianship of the child to an agency listed in
s. 48.427 (3m) (a) 1. to
4. and place the child in the home of a licensed foster parent, licensed treatment foster parent or kinship care relative with whom the child has resided for 6 months or longer. Pursuant to such a placement, this licensed foster parent, licensed treatment foster parent or kinship care relative shall be a sustaining parent with the powers and duties specified in
sub. (3).
48.428(2)(b)
(b) When a court places a child in sustaining care after an order under
s. 48.427 (4) with a person who has been appointed as the guardian of the child under
s. 48.977 (2), the court may transfer legal custody of the child to the county department, the department, in a county having a population of 500,000 or more, or a licensed child welfare agency, transfer guardianship of the child to an agency listed in
s. 48.427 (3m) (a) 1. to
4. and place the child in the home of a licensed foster parent, licensed treatment foster parent or kinship care relative with whom the child has resided for 6 months or longer. Pursuant to such a placement, that licensed foster parent, licensed treatment foster parent or kinship care relative shall be a sustaining parent with the powers and duties specified in
sub. (3). If the court transfers guardianship of the child to an agency listed in
s. 48.427 (3m) (a) 1. to
4., the court shall terminate the guardianship under
s. 48.977.
48.428(3)
(3) Subject to the authority of the guardian and legal custodian of the child and to any treatment or dispositional plans for the child established by the court, the sustaining parent has the rights and responsibilities necessary for the day-to-day care of the child, including but not limited to:
48.428(3)(a)
(a) The authority to consent to routine and emergency health care for the child.
48.428(3)(b)
(b) The authority to sign the child's application for a license under
s. 343.15.
48.428(3)(c)
(c) The authority to approve the child's participation in school and youth group activities.
48.428(3)(d)
(d) The authority to travel out of state with the child and consent to the child's travel out of state.
48.428(4)
(4) Before a licensed foster parent, licensed treatment foster parent or kinship care relative may be appointed as a sustaining parent, the foster parent, treatment foster parent or kinship care relative shall execute a contract with the agency responsible for providing services to the child, in which the foster parent, treatment foster parent or kinship care relative agrees to provide care for the child until the child's 18th birthday unless the placement order is changed by the court because the court finds that the sustaining parents are no longer able or willing to provide the sustaining care or the court finds that the behavior of the sustaining parents toward the child would constitute grounds for the termination of parental rights if the sustaining parent was the birth parent of the child.
48.428(6)(a)(a) Except as provided in
par. (b), the court may order or prohibit visitation by a birth parent of a child placed in sustaining care.
48.428(6)(b)1.1. Except as provided in
subd. 2., the court may not grant visitation under
par. (a) to a birth parent of a child who has been placed in sustaining care if the birth parent has been convicted under
s. 940.01 of the first-degree intentional homicide, or under
s. 940.05 of the 2nd-degree intentional homicide, of the child's other birth parent, and the conviction has not been reversed, set aside or vacated.
48.428(6)(b)1m.
1m. Except as provided in
subd. 2., if a birth parent who is granted visitation rights with a child under
par. (a) is convicted under
s. 940.01 of the first-degree intentional homicide, or under
s. 940.05 of the 2nd-degree intentional homicide, of the child's other birth parent, and the conviction has not been reversed, set aside or vacated, the court shall issue an order prohibiting the birth parent from having visitation with the child on petition of the child, the guardian or legal custodian of the child, or the district attorney or corporation counsel of the county in which the dispositional order was entered, or on the court's own motion, and on notice to the birth parent.
48.428(6)(b)2.
2. Subdivisions 1. and
1m. do not apply if the court determines by clear and convincing evidence that the visitation would be in the best interests of the child. The court shall consider the wishes of the child in making that determination.
48.43
48.43
Court orders; contents and effect; review. 48.43(1)(1) The court shall enter a judgment setting forth its findings and disposition in accordance with
s. 48.426 in an order implementing the disposition chosen. If the court dismisses the petition under
s. 48.427 (2), the order shall contain the reasons for dismissal. If the disposition is for the termination of parental rights under
s. 48.427 (3), the order shall contain all of the following:
48.43(1)(a)
(a) The identity of any agency or individual that has received guardianship of the child or will receive guardianship or custody of the child upon termination and the identity of the agency which will be responsible for securing the adoption of the child or establishing the child in a permanent family setting.
48.43(1)(b)
(b) If the child will be in need of continued care and treatment after termination, the agencies and persons responsible.
48.43(1)(c)
(c) If an agency receives custody of the child under
par. (a), the child's permanency plan prepared under
s. 48.38 by the agency. If a permanency plan has not been prepared at the time the order is entered, or if the court enters an order that is not consistent with the permanency plan, the agency shall prepare a permanency plan that is consistent with the order or revise the permanency plan to conform to the order and shall file the plan with the court within 60 days from the date of the order.
48.43(1)(d)
(d) A finding that the termination of parental rights is in the best interests of the child.
48.43(2)
(2) An order terminating parental rights permanently severs all legal rights and duties between the parent and the child.
48.43(3)
(3) If only one parent consents under
s. 48.41 or if the grounds specified in
s. 48.415 are found to exist as to only one parent, the rights of only that parent may be terminated without affecting the rights of the other parent.
48.43(4)
(4) A certified copy of the order terminating parental rights shall be furnished by the court to the agency given guardianship for placement for adoption of the child or to the person or agency given custodianship or guardianship for placement of the child in sustaining care and to the person appointed as the guardian of the child under
s. 48.977 (2). The court shall, upon request, furnish a certified copy of the child's birth certificate and a transcript of the testimony in the termination of parental rights hearing to the same person or agency.
48.43(5)(a)(a) If the custodian specified in
sub. (1) (a) is an agency, the agency shall report to the court on the status of the child at least once each year until the child is adopted or reaches 18 years of age, whichever is sooner. The agency shall file an annual report no less than 30 days before the anniversary of the date of the order. An agency may file an additional report at any time if it determines that more frequent reporting is appropriate. A report shall summarize the child's permanency plan and the recommendations of the review panel under
s. 48.38 (5), if any, and shall describe any progress that has been made in finding a permanent placement for the child.
48.43(5)(b)
(b) The court shall hold a hearing to review the permanency plan within 30 days after receiving a report under
par. (a). At least 10 days before the date of the hearing, the court shall provide notice of the time, date and purpose of the hearing to the agency that prepared the report, the child's guardian, the child, if he or she is 12 years of age or over, and the child's foster parent, treatment foster parent, other physical custodian described in
s. 48.62 (2) or the operator of the facility in which the child is living.
48.43(5)(c)
(c) Following the hearing, the court shall make all of the determinations specified under
s. 48.38 (5) (c), except the determinations relating to the child's parents. The court may amend the order under
sub. (1) to transfer the child's guardianship and custody to any agency specified under
s. 48.427 (3m) (a) 1. to
4. which consents to the transfer, if the court determines that the transfer is in the child's best interest. If an order is amended, the agency that prepared the permanency plan shall revise the plan to conform to the order and shall file a copy of the revised plan with the court. Each plan filed under this paragraph shall be made a part of the court order.
48.43(5m)
(5m) Either the court or the agency that prepared the permanency plan shall furnish a copy of the original plan and each revised plan to the child, if he or she is 12 years of age or over, and to the child's foster parent, the child's treatment foster parent or the operator of the facility in which the child is living.
48.43(6)
(6) Judgments under this subchapter terminating parental rights are final and are appealable under
s. 808.03 (1) according to the procedure specified in
s. 809.107.
48.43(7)
(7) If the agency specified under
sub. (1) (a) is the department and a permanent adoptive placement is not in progress 2 years after entry of the order, the department may petition the court to transfer legal custody of the child to a county department. The court shall transfer the child's custody to the county department specified in the petition. The department shall remain the child's guardian.
48.43 Annotation
The appeal process in a termination case must be commenced within 30 days after the order is entered. In Interest of J.D.
106 Wis. 2d 126,
315 N.W.2d 365 (1982).
48.43 Annotation
Termination has the same effect on relationships between members of the biological parents' families and the child as it has on the parent-child relationship. Equitable considerations did not form a basis to allow biological grandparents to obtain visitation rights after termination and adoption. Elgin and Carol W. v. DHFS,
221 Wis. 2d 36,
584 N.W.2d 195 (Ct. App. 1998).
48.432
48.432
Access to medical information. 48.432(1)(a)
(a) "Adoptee" means a person who has been adopted in this state with the consent of his or her birth parent or parents before February 1, 1982.
48.432(1)(ag)
(ag) "Agency" means a county department or a licensed child welfare agency.
48.432(1)(am)1.
1. The mother designated on the individual's or adoptee's original birth certificate.
48.432(1)(am)2.b.
b. If there is no adjudicated father, the husband of the mother at the time the individual or adoptee is conceived or born, or when the parents intermarry under
s. 767.60.
48.432(1)(b)
(b) "Individual" means a person whose birth parent's rights have been terminated in this state at any time.
48.432(2)(a)(a) The department, or agency contracted with under
sub. (9), shall maintain all information obtained under
s. 48.427 (6) (b) in a centralized birth record file.
48.432(2)(b)
(b) Any birth parent whose rights to a child have been terminated in this state at any time, or who consented to the adoption of a child before February 1, 1982, may file with the department, or agency contracted with under
sub. (9), any relevant medical or genetic information about the child or the child's birth parents, and the department or agency shall maintain the information in the centralized birth record file.
48.432(3)(a)(a) The department, or agency contracted with under sub, (9), shall release the medical information under
sub. (2) to any of the following persons upon request:
48.432(3)(a)3.
3. The guardian or legal custodian of an individual or adoptee.
48.432(3)(a)4.
4. The offspring of an individual or adoptee if the requester is 18 years of age or older.
48.432(3)(a)5.
5. An agency or social worker assigned to provide services to the individual or adoptee or place the individual for adoption.
48.432(3)(b)
(b) Before releasing the information under
par. (a), the department, or agency contracted with under
sub. (9), shall delete the name and address of the birth parent and the identity of any provider of health care to the individual or adoptee or to the birth parent.
48.432(3)(c)
(c) The person making a request under this subsection shall pay a fee for the cost of locating, verifying, purging, summarizing, copying and mailing the medical or genetic information according to a fee schedule established by the department, or agency contracted with under
sub. (9), based on ability to pay. The fee may not be more than $150 and may be waived by the department or agency.
48.432(4)(a)(a) Whenever any person specified under
sub. (3) wishes to obtain medical and genetic information about an individual whose birth parent's rights have been terminated in this state at any time, or whose birth parent consented to his or her adoption before February 1, 1982, or medical and genetic information about the birth parents of such an individual or adoptee, and the information is not on file with the department, or agency contracted with under
sub. (9), the person may request that the department or agency conduct a search for the birth parents to obtain the information. The request shall be accompanied by a statement from a physician certifying either that the individual or adoptee has or may have acquired a genetically transferable disease or that the individual's or adoptee's medical condition requires access to the information.
48.432(4)(b)
(b) Upon receipt of a request under
par. (a), the department, or agency contracted with under
sub. (9), shall undertake a diligent search for the individual's or adoptee's parents.
48.432(4)(c)
(c) Employees 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.
48.432(4)(d)
(d) The department, or agency contracted with under
sub. (9), 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.
48.432(4)(e)
(e) The department or agency conducting the search shall, upon locating a birth parent, notify him or her of the request and of the need for medical and genetic information.
48.432(4)(f)
(f) The department, or agency contracted with under
sub. (9), shall release to the requester any medical or genetic information provided by a birth parent under this subsection without disclosing the birth parent's identity or location.
48.432(4)(g)
(g) If a birth parent is located but refuses to provide the information requested, the department, or agency contracted with under
sub. (9), shall notify the requester, without disclosing the birth parent's identity or location, and the requester may petition the circuit court to order the birth parent to disclose the information. The court shall grant the motion for good cause shown.
48.432(7)(a)(a) If the department or another agency that maintains records relating to the adoption of an adoptee or the termination of parental rights receives a report from a physician stating that a birth parent or another offspring of the birth parent has acquired or may have a genetically transferable disease, the department or agency shall notify the individual or adoptee of the existence of the disease, if he or she is 18 years of age or over, or notify the individual's or adoptee's guardian, custodian or adoptive parent if the individual or adoptee is under age 18.
48.432(7)(b)
(b) If the department or agency receives a report from a physician that an individual or adoptee has acquired or may have a genetically transferable disease, the department or agency shall notify the individual's or adoptee's birth parent of the existence of the disease.
48.432(7)(c)
(c) Notice under
par. (a) or
(b) shall be sent to the most recent address on file with the agency or the department.
48.432(8)
(8) 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.
48.432(8m)
(8m) The department, or agency contracted with under
sub. (9), shall give priority to all of the following:
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:
