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.
48.434
48.434
Release of identifying information by an agency when authorization is granted. 48.434(1)(a)
(a) "Adoptive parent" means a person who has adopted a child in this state or who has adopted in another state a child who was placed for adoption with that person in this state.
48.434(2)
(2) Any birth parent of a child may file with the agency that placed the child for adoption under
s. 48.833 or that was appointed the guardian of the child under
s. 48.837 (6) (d) a written authorization for the agency to release any available information about the birth parent's identity and location to one or both adoptive parents of the child.
48.434(3)
(3) Any adoptive parent of a child may file with the agency that placed the child for adoption under
s. 48.833 or that was appointed the guardian of the child under
s. 48.837 (6) (d) a written authorization for the agency to release any available information about the adoptive parent's identity and location to one or both birth parents of the child.
48.434(4)
(4) A written authorization filed under
sub. (2) or
(3) may be revoked at any time by notifying the agency in writing.
48.434(5)
(5) Upon the request of an adoptive parent of a child, the agency receiving the request shall provide to the adoptive parent any available information about the identity and location of a birth parent of the child if the agency has on file an unrevoked written authorization filed by that birth parent under
sub. (2) authorizing the release of that information to the adoptive parent.
48.434(6)
(6) Upon the request of a birth parent of a child, the agency receiving the request shall provide to the birth parent any available information about the identity and location of an adoptive parent of the child if the agency has on file an unrevoked written authorization filed by that adoptive parent under
sub. (3) authorizing the release of that information to the birth parent.
48.434(7)
(7) This section does not apply if the adopted child is 21 years of age or over.
48.434(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.
48.434(9)
(9) An agency may assess a reasonable fee for responding to a request for information or a request to file a written authorization under this section.
48.434(10)
(10) No agency may contact any person for the purpose of determining whether the person wishes to authorize the agency to release information under this section. An agency may contact the birth parent or adoptive parent of a child who was adopted before April 29, 1998, one time, by mail, to inform them of the procedure by which identifying information may be released under this section.
48.434(11)
(11) A written authorization filed with an agency under this section shall be notarized.
48.434 History
History: 1997 a. 104.
48.434 Note
NOTE: 1997 Wis. Act 104, which affected this section, contains explanatory notes.
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 years of age or older as provided under
ss. 48.133,
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 years of age 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)(am)
(am) If in the hearing of a case of an unborn child and the unborn child's expectant mother alleged to be in a condition described in
s. 48.133 it appears that any person 17 years of age or over has been guilty of contributing to, encouraging, or tending to cause by any act or omission, such condition of the unborn child and expectant mother, the judge may make orders with respect to the conduct of such person in his or her relationship to the unborn child and expectant mother.
48.45(1)(b)
(b) An act or failure to act contributes to a condition of a child as described in
s. 48.13 or an unborn child and the unborn child's expectant mother as described in
s. 48.133, although the child is not actually adjudicated to come within the provisions of
s. 48.13 or the unborn child and expectant mother are not actually adjudicated to come within the provisions of
s. 48.133, 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 or the unborn child and expectant mother to come within the provisions of
s. 48.133.
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(1r)
(1r) In a proceeding in which an unborn child has been found to be in need of protection or services under
s. 48.133, the judge may impose on the expectant mother any disposition permitted under
s. 48.347 (1) to
(6).
48.45(2)
(2) No order under
sub. (1) (a) or
(am) 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
(am) 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 years of age 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 Wis. 2d 217,
404 N.W.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
subs. (1m),
(2) and
(3), the child whose status is adjudicated by the court, the parent, guardian or legal custodian of that child, the unborn child whose status is adjudicated by the court or the expectant mother of that unborn child 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(1m)
(1m) 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 in an order entered under
s. 48.43 or an order adjudicating paternity under
subch. VIII may, within the time permitted under this subsection, petition the court for a rehearing on the ground that new evidence has been discovered affecting the advisability of the court's adjudication. Upon a showing that such evidence does exist, the court shall order a new hearing. A petition under this subsection shall be filed within one year after the date on which the order under
s. 48.43 or order adjudicating paternity under
subch. VIII is entered, unless within that one-year period a court in this state or in another jurisdiction enters an order granting adoption of the child, in which case a petition under this subsection shall be filed before the date on which the order granting adoption is entered or within 30 days after the date on which the order under
s. 48.43 or order adjudicating paternity under
subch. VIII is entered, whichever is later.
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(3)
(3) An adoptive parent who has been granted adoption of a child under
s. 48.91 (3) may not petition the court for a rehearing under
sub. (1) or move the court under
s. 806.07 for relief from the order granting adoption. A petition for termination of parental rights under
s. 48.42 and an appeal to the court of appeals shall be the exclusive remedies for an adoptive parent who wishes to end his or her parental relationship with his or her adopted child.
48.46 History
History: 1977 c. 449;
1979 c. 300;
1987 a. 383; Sup. Ct. Order, 146 Wis. 2d xxxiii (1988);
1995 a. 275;
1997 a. 104,
114,
252,
292.
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
Affidavit by the mother that she consented under duress and by her attorney as to what he expected to prove were not sufficient to reopen the case. Schroud v. Milw. County Dept. of Pub. Welfare,
53 Wis. 2d 650,
193 N.W.2d 671.
AUTHORITY
48.48
48.48
Authority of department. The department shall have authority:
48.48(1)
(1) To promote the enforcement of the laws relating to nonmarital children, children in need of protection or services including developmentally disabled children and unborn children in need of protection or services and to take the initiative in all matters involving the interests of those children and unborn children when adequate provision for those interests is not made. This duty shall be discharged in cooperation with the courts, county departments, licensed child welfare agencies and with parents, expectant mothers and other individuals interested in the welfare of children and unborn 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) (a) 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(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.
48.48(16m)
(16m) To employ under the unclassified service in an office of the department that is located in a 1st class city a director of the office of urban development who shall be appointed by the secretary to serve at the pleasure of the secretary and who shall coordinate the provision of child welfare services in a county having a population of 500,000 or more with the implementation of the Wisconsin works program under
ss. 49.141 to
49.161 in a county having a population of 500,000 or more.
48.48(17)(a)(a) In a county having a population of 500,000 or more, to administer child welfare services and to expend such amounts as may be necessary out of any moneys which may be appropriated for child welfare services by the legislature, which may be donated by individuals or private organizations or which may be otherwise provided. The department shall also have authority to do all of the following:
48.48(17)(a)1.
1. Investigate the conditions surrounding nonmarital children, children in need of protection or services and unborn children in need of protection or services within the county and to take every reasonable action within its power to secure for them the full benefit of all laws enacted for their benefit. Unless provided by another agency, the department shall offer social services to the caretaker of any child, and to the expectant mother of any unborn child, who is referred to the department under the conditions specified in this subdivision. This duty shall be discharged in cooperation with the court and with the public officers or boards legally responsible for the administration and enforcement of these laws.
48.48(17)(a)2.
2. Accept legal custody of children transferred to it by the court under
s. 48.355, to accept supervision over expectant mothers of unborn children who are placed under its supervision under
s. 48.355 and to provide special treatment and care for children and expectant mothers if ordered by the court and if providing special treatment and care is not the responsibility of the county department under
s. 46.215,
51.42 or
51.437. A court may not order the department to administer psychotropic medications to children and expectant mothers who receive special treatment or care under this subdivision.
48.48(17)(a)3.
3. Provide appropriate protection and services for children and the expectant mothers of unborn children in its care, including providing services for those children and their families and for those expectant mothers in their own homes, placing the children in licensed foster homes, treatment foster homes or group homes in this state or another state within a reasonable proximity to the agency with legal custody or contracting for services for those children by licensed child welfare agencies, except that the department may not purchase the educational component of private day treatment programs unless the department, the school board as defined in
s. 115.001 (7) and the state superintendent of public instruction all determine that an appropriate public education program is not available. Disputes between the department and the school district shall be resolved by the state superintendent of public instruction.
48.48(17)(a)4.
4. Provide for the moral and religious training of children in its care according to the religious belief of the child or of his or her parents.
48.48(17)(a)5.
5. Place children in a county children's home in the county, to accept guardianship of children when appointed by the court and to place children under its guardianship for adoption.
48.48(17)(a)7.
7. Contract with any parent or guardian or other person for the care and maintenance of any child.
