48.92(3)
(3) Rights of inheritance by, from and through an adopted child are governed by
ss. 854.20 and
854.21.
48.92(4)
(4) Nothing in this section shall be construed to abrogate the right of the department to make payments to adoptive families under
s. 48.48 (12).
48.92 Annotation
A valid adoption of the petitioner by his aunt would preclude his right to inherit as the son of his natural mother, although he would be entitled to inherit as a nephew. Estate of Komarr,
68 Wis. 2d 473,
228 N.W.2d 681 (1975).
48.92 Annotation
Biological grandparents had no right to visitation following termination of their son's parental rights and adoption by the child's stepfather. In re Marriage of Soergel,
154 Wis. 2d 564,
453 N.W.2d 624 (1990).
48.92 Annotation
Adoption of the child of a deceased parent does not terminate the decedent's parents' grandparental visitation rights under s. 880.155 [now s. 54.56]. Grandparental Visitation of C.G.F.,
168 Wis. 2d 62,
483 N.W.2d 803 (1992).
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 Wis. 2d 492,
516 N.W.2d 678 (1994).
48.92 Annotation
Adoption proceedings confer all parental rights on the adoptive parents and therefore resolve all issues relating to the biological grandparents' rights to assert claims for custody and guardianship. Following adoption, a change requires a showing of unfitness in the adoptive parents. Elgin and Carol W. v. DHFS,
221 Wis. 2d 36,
584 N.W.2d 195 (Ct. App. 1998),
97-3595.
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, subject to
subs. (1m) and
(2), 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(1m)(a)(a) Except as provided in
par. (b), the court may not grant visitation rights under
sub. (1) to a relative who has maintained a relationship similar to a parent-child relationship with a child if the relative 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 a parent of the child, and the conviction has not been reversed, set aside or vacated.
48.925(1m)(am)
(am) Except as provided in
par. (b), if a relative who is granted visitation rights with a child under
sub. (1) is convicted under
s. 940.01 of the first-degree intentional homicide, or under
s. 940.05 of the 2nd-degree intentional homicide, of a parent of the child, and the conviction has not been reversed, set aside or vacated, the court shall issue an order prohibiting the relative from having visitation with the child on petition of the child or the parent, guardian or legal custodian of the child, or on the court's own motion, and on notice to the relative.
48.925(1m)(b)
(b) Paragraphs (a) and
(am) 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.
48.925(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;
1999 a. 9.
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(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(1v)(a)(a) At the time a court enters an order granting adoption of an Indian child, the court shall provide the U.S. secretary of the interior with the information specified in
s. 48.028 (9) (a) and
(b).
48.93(1v)(b)
(b) At the request of an Indian adoptee who is 18 years of age or older, the court that entered the order granting adoption of the adoptee shall provide or arrange to provide the adoptee with the information specified in
s. 48.028 (9) (c).
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.
48.94 Annotation
Fundamental Rights Debate: Should Wisconsin Allow Adult Adoptees Unconditional Access to Adoption Records and Original Birth Certificates? Racine. 2002 WLR 1437.
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 for a child with special needs and only when the department 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)1.1. Except as provided in
subd. 3., for support of a child who was in foster care or subsidized guardianship care immediately prior to placement for adoption, the initial amount of adoption assistance for maintenance shall be equivalent to the amount of that child's foster care or subsidized guardianship care payment at the time that the agreement under
sub. (4) (a) is signed or a lesser amount if agreed to by the proposed adoptive parents and specified in that agreement.
48.975(3)(a)2.
2. Except as provided in
subd. 3., for support of a child not in foster care or subsidized guardianship care immediately prior to placement for adoption, the initial amount of adoption assistance for maintenance shall be equivalent to the uniform foster care rate applicable to the child that is in effect at the time that the agreement under
sub. (4) (a) is signed or a lesser amount if agreed to by the proposed adoptive parents and specified in that agreement.
48.975(3)(a)3.
3. For support of a child who is defined under rules promulgated by the department under
sub. (5) (b) as a child with special needs based solely on being at high risk of developing moderate or intensive difficulty-of-care problems, the initial amount of adoption assistance for maintenance shall be $0.
48.975(3)(a)4.
4. The amount of adoption assistance for maintenance may be changed under an amended agreement under
sub. (4) (b) or
(c). If an agreement is amended under
sub. (4) (b) or
(c), the amount of adoption assistance for maintenance shall be the amount specified in the amended agreement but may not exceed the uniform foster care rate that would be applicable to the child if the child were in foster care during the time for which the adoption assistance for maintenance is paid.
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(3m)
(3m) Duration. The adoption assistance may be continued after the adoptee reaches the age of 18 if that adoptee is a full-time high school student.
48.975(4)(a)(a) Except in extenuating circumstances, as defined by the department by rule promulgated under
sub. (5) (a), a written agreement to provide adoption assistance shall be made prior to adoption. An agreement to provide adoption assistance may be made only for a child who, at the time of placement for adoption, is in the guardianship of the department or other agency authorized to place children for adoption, in the guardianship of an American Indian tribal agency in this state, or in a subsidized guardianship under
s. 48.623.
48.975(4)(b)
(b) If an agreement to provide adoption assistance is in effect and if the adoptive or proposed adoptive parents of the child who is the subject of the agreement believe there has been a substantial change in circumstances, as defined by the department by rule promulgated under
sub. (5) (c), the adoptive or proposed adoptive parents may request that the agreement be amended to increase the amount of adoption assistance for maintenance. If a request is received under this paragraph, the department shall do all of the following:
48.975(4)(b)1.
1. Determine whether there has been a substantial change in circumstances, as defined by the department by rule promulgated under
sub. (5) (c) and whether there has been a substantiated report of abuse or neglect of the child by the adoptive or proposed adoptive parents.
48.975(4)(b)2.
2. If there has been a substantial change in circumstances and if there has been no substantiated report of abuse or neglect of the child by the adoptive or proposed adoptive parents, offer to increase the amount of adoption assistance for maintenance based on criteria established by the department by rule promulgated under
sub. (5) (d).
48.975(4)(b)3.
3. If an increased amount of adoption assistance for maintenance is agreed to by the adoptive or proposed adoptive parents, amend the agreement in writing to specify the increased amount of adoption assistance for maintenance.
48.975(4)(bm)
(bm) Annually, the department shall review an agreement that has been amended under
par. (b) to determine whether the substantial change in circumstances that was the basis for amending the agreement continues to exist. If that substantial change in circumstances continues to exist, the agreement, as amended, shall remain in effect. If that substantial change in circumstances no longer exists, the department shall offer to decrease the amount of adoption assistance for maintenance based on criteria established by the department under
sub. (5) (dm). If the decreased amount of adoption assistance for maintenance is agreed to by the adoptive or proposed adoptive parents, the department shall amend the agreement in writing to specify the decreased amount of adoption assistance for maintenance. If the decreased amount of adoption assistance for maintenance is not agreed to by the adoptive or proposed adoptive parents, the adoptive or proposed adoptive parents may appeal the decision of the department regarding the decrease under the procedure established by the department under
sub. (5) (dm).
48.975(4)(c)
(c) The department may propose to the adoptive or proposed adoptive parents that an agreement to provide adoption assistance be amended to adjust the amount of adoption assistance for maintenance. If an adjustment in the amount of adoption assistance for maintenance is agreed to by the adoptive or proposed adoptive parents, the agreement shall be amended in writing to specify the adjusted amount of adoption assistance for maintenance.
48.975(4)(d)
(d) An agreement to provide adoption assistance may be amended more than once under
par. (b) or
(c).
48.975(4m)
(4m) Recovery of incorrect payments. The department may recover an overpayment of adoption assistance from an adoptive parent who continues to receive adoption assistance for maintenance by reducing the amount of the adoptive parent's monthly payment of adoption assistance for maintenance. The department may by rule specify other methods for recovering overpayments of adoption assistance.
48.975(5)
(5) Rules. The department shall promulgate rules necessary to implement this section, which shall include all of the following:
48.975(5)(a)
(a) A rule defining the extenuating circumstances under which an initial agreement to provide adoption assistance under
sub. (4) (a) may be made after adoption. This definition shall include all circumstances under which federal statutes, regulations or guidelines provide that federal matching funds for adoption assistance are available to the state if an initial agreement is made after adoption, but may not include circumstances under which federal statutes, regulations or guidelines provide that federal matching funds for adoption assistance are not available if an initial agreement is made after adoption.
48.975(5)(b)
(b) A rule defining a child with special needs, which shall include a child who the department determines has, at the time of placement for adoption, moderate or intensive difficulty-of-care problems, as defined by the department, or who the department determines is, at the time of placement for adoption, at high risk of developing those problems.
48.975(5)(c)
(c) A rule defining the substantial change in circumstances under which adoptive or proposed adoptive parents may request that an agreement made under
sub. (4) be amended to increase the amount of adoption assistance for maintenance. The definition shall include all of the following:
48.975(5)(c)1.
1. Situations in which a child who was defined as a child with special needs based solely on being at high risk of developing moderate or intensive difficulty-of-care problems has developed those problems.
48.975(5)(c)2.
2. Situations in which a child's difficulty-of-care problems have increased from the moderate level to the intensive level as set forth in the department's schedule of difficulty-of-care levels promulgated by rule.
48.975(5)(d)
(d) Rules establishing requirements for submitting a request under
sub. (4) (b), criteria for determining the amount of the increase in adoption assistance for maintenance that the department shall offer if there has been a substantial change in circumstances and if there has been no substantiated report of abuse or neglect of the child by the adoptive or proposed adoptive parents, and the procedure to appeal the decision of the department regarding the request.
48.975(5)(dm)
(dm) Rules establishing the criteria for determining the amount of the decrease in adoption assistance for maintenance that the department shall offer under
sub. (4) (bm) if a substantial change in circumstances no longer exists and the procedure to appeal the decision of the department regarding the decrease. The criteria shall provide that the amount of the decrease offered by the department under
sub. (4) (bm) may not result in an amount of adoption assistance for maintenance that is less than the initial amount of adoption assistance for maintenance provided for the child under
sub. (3) (a) 1.,
2. or
3.
48.975(5)(e)
(e) A rule regarding when a child must be photolisted with the adoption information exchange under
s. 48.55 in order to be eligible for adoption assistance. The rule may not require photolisting under any circumstances in which photolisting is not required by federal statutes, regulations or guidelines as a prerequisite for the state to receive federal matching funds for adoption assistance.
48.975 Cross-reference
Cross-reference: See also ch.
DCF 50, Wis. adm. code.
48.977
48.977
Appointment of 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 guardian of the person for a 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),
(4m),
(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 or that the child has been so adjudged and placement of the child in the home of a guardian under this section has been recommended under
s. 48.33 (1) or
938.33 (1).
48.977(2)(b)
(b) That the person nominated as the guardian of the child is a person with whom the child has been placed or in whose home placement of the child is recommended under
par. (a) and that it is likely that the child will continue to be placed with that person 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 person 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, while assuring that the child's health and safety are the paramount concerns, 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 or that the agency primarily responsible for providing services to the child under a court order has made reasonable efforts to prevent the removal of the child from his or her home, while assuring the child's health and safety, but that continued placement of the child in the home would be contrary to the welfare of the child, except that the court is not required to find that the agency has made those reasonable efforts with respect to a parent of the child if any of the circumstances specified in
s. 48.355 (2d) (b) 1. to
5. applies to that parent. The court shall make the findings specified in this paragraph on a case-by-case basis based on circumstances specific to the child and shall document or reference the specific information on which those findings are based in the guardianship order. A guardianship order that merely references this paragraph without documenting or referencing that specific information in the order or an amended guardianship order that retroactively corrects an earlier guardianship order that does not comply with this paragraph is not sufficient to comply with this paragraph.
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) or
938.368 (2).
48.977(3r)
(3r) Subsidized guardianship. Subsidized guardianship payments under
s. 48.623 (1) may not be made to a guardian of a child unless a subsidized guardianship agreement under
s. 48.623 (2) is entered into before the guardianship order is granted and the court either terminates any order specified in
sub. (2) (a) or dismisses any proceeding in which the child has been adjudicated in need of protection or services as specified in
sub. (2) (a). If a child's permanency plan calls for placement of the child in the home of a guardian and the provision of monthly subsidized guardianship payments to the guardian, the petitioner under
sub. (4) (a) shall include in the petition under
sub. (4) (b) a statement of the determinations made under
s. 48.623 (1) and a request for the court to include in the court's findings under
sub. (4) (d) a finding confirming those determinations. If the court confirms those determinations, appoints a guardian for the child under
sub. (2), and either terminates any order specified in
sub. (2) (a) or dismisses any proceeding in which the child is adjudicated to be in need of protection or services as specified in
sub. (2) (a), the county department or, in a county having a population of 750,000 or more, department shall provide monthly subsidized guardianship payments to the guardian under
s. 48.623 (1).
