GENERAL PROVISIONS ON RECORDS
48.78
48.78
Confidentiality of records. 48.78(1)
(1) In this section, unless otherwise qualified, "agency" means the department, a county department, a licensed child welfare agency, or a licensed child care center.
48.78(2)(a)(a) No agency may make available for inspection or disclose the contents of any record kept or information received about an individual who is or was in its care or legal custody, except as provided under
s. 48.371,
48.38 (5) (b) or
(d) or
(5m) (d),
48.396 (3) (bm) or
(c) 1r.,
48.432,
48.433,
48.48 (17) (bm),
48.57 (2m),
48.93,
48.981 (7),
938.396 (2m) (c) 1r.,
938.51, or
938.78 or by order of the court.
48.78(2)(ag)
(ag) Paragraph (a) does not prohibit an agency from making available for inspection or disclosing the contents of a record, upon the request of the parent, guardian, or legal custodian of the child who is the subject of the record or upon the request of the child, if 14 years of age or over, to the parent, guardian, legal custodian, or child, unless the agency determines that inspection of the record by the child, parent, guardian, or legal custodian would result in imminent danger to anyone.
48.78(2)(aj)
(aj) Paragraph (a) does not prohibit an agency from making available for inspection or disclosing the contents of a record, upon the request of a parent, guardian, or legal custodian of a child expectant mother of an unborn child who is the subject of the record, upon the request of an expectant mother of an unborn child who is the subject of the record, if 14 years of age or over, or upon the request of an unborn child's guardian ad litem, to the parent, guardian, legal custodian, expectant mother, or unborn child's guardian ad litem, unless the agency determines that inspection of the record by the parent, guardian, legal custodian, expectant mother, or unborn child's guardian ad litem would result in imminent danger to anyone.
48.78(2)(am)
(am) Paragraph (a) does not prohibit an agency from making available for inspection or disclosing the contents of a record, upon the written permission of the parent, guardian, or legal custodian of the child who is the subject of the record or upon the written permission of the child, if 14 years of age or over, to the person named in the permission if the parent, guardian, legal custodian, or child specifically identifies the record in the written permission, unless the agency determines that inspection of the record by the person named in the permission would result in imminent danger to anyone.
48.78(2)(ap)
(ap) Paragraph (a) does not prohibit an agency from making available for inspection or disclosing the contents of a record, upon the written permission of the parent, guardian, or legal custodian of a child expectant mother of an unborn child who is the subject of the record, or of an expectant mother of an unborn child who is the subject of the record, if 14 years of age or over, and of the unborn child's guardian ad litem, to the person named in the permission if the parent, guardian, legal custodian, or expectant mother, and unborn child's guardian ad litem, specifically identify the record in the written permission, unless the agency determines that inspection of the record by the person named in the permission would result in imminent danger to anyone.
48.78(2)(b)
(b) Paragraph (a) does not apply to the confidential exchange of information between an agency and another social welfare agency, a law enforcement agency, a health care provider, as defined in
s. 146.81 (1) (a) to
(p), a public school, or a private school regarding an individual in the care or legal custody of the agency. A social welfare agency that obtains information under this paragraph shall keep the information confidential as required under this section and
s. 938.78. A law enforcement agency that obtains information under this paragraph shall keep the information confidential as required under
ss. 48.396 (1) and
938.396 (1) (a). A health care provider that obtains information under this paragraph shall keep the information confidential as provided under
s. 146.82. A public school that obtains information under this paragraph shall keep the information confidential as required under
s. 118.125, and a private school that obtains information under this paragraph shall keep the information confidential in the same manner as is required of a public school under
s. 118.125.
Paragraph (a) does not apply to the confidential exchange of information between an agency and officials of a tribal school regarding an individual in the care or legal custody of the agency if the agency determines that enforceable protections are provided by a tribal school policy or tribal law that requires tribal school officials to keep the information confidential in a manner at least as stringent as is required of a public school official under
s. 118.125.
48.78(2)(c)
(c) Paragraph (a) does not prohibit the department or a county department from using in the media a picture or description of a child in the guardianship of the department or a county department for the purpose of finding adoptive parents for that child.
48.78(2)(d)
(d) Paragraph (a) does not prohibit the department of health services or a county department from disclosing information about an individual formerly in the legal custody or under the supervision of that department under s.
48.34 (4m), 1993 stats., or formerly under the supervision of that department or county department under s.
48.34 (4n), 1993 stats., to the department of corrections, if the individual is at the time of disclosure any of the following:
48.78(2)(e)
(e) Notwithstanding
par. (a), an agency shall, upon request, disclose information to authorized representatives of the department of corrections, the department of health services, the department of justice, or a district attorney for use in the prosecution of any proceeding or any evaluation conducted under
ch. 980, if the information involves or relates to an individual who is the subject of the proceeding or evaluation. The court in which the proceeding under
ch. 980 is pending may issue any protective orders that it determines are appropriate concerning information made available or disclosed under this paragraph. Any representative of the department of corrections, the department of health services, the department of justice, or a district attorney may disclose information obtained under this paragraph for any purpose consistent with any proceeding under
ch. 980.
48.78(2)(g)
(g) Paragraph (a) does not prohibit an agency from disclosing information about an individual in its care or legal custody on the written request of the department of safety and professional services or of any interested examining board or affiliated credentialing board in that department for use in any investigation or proceeding relating to any alleged misconduct by any person who is credentialed or who is seeking credentialing under
ch. 448,
455 or
457. Unless authorized by an order of the court, the department of safety and professional services and any examining board or affiliated credentialing board in that department shall keep confidential any information obtained under this paragraph and may not disclose the name of or any other identifying information about the individual who is the subject of the information disclosed, except to the extent that redisclosure of that information is necessary for the conduct of the investigation or proceeding for which that information was obtained.
48.78(2)(h)
(h) Paragraph (a) does not prohibit the department, a county department, or a licensed child welfare agency from entering the content of any record kept or information received by the department, county department, or licensed child welfare agency into the statewide automated child welfare information system established under
s. 48.47 (7g) or the department from transferring any information maintained in that system to the court under
s. 48.396 (3) (bm). If the department transfers that information to the court, the court and the director of state courts may allow access to that information as provided in
s. 48.396 (3) (c) 2.
48.78(2)(i)
(i) Paragraph (a) does not prohibit an agency from disclosing information to a relative of a child placed outside of his or her home only to the extent necessary to facilitate the establishment of a relationship between the child and the relative or a placement of the child with the relative or from disclosing information under
s. 48.21 (5) (e),
48.355 (2) (cm), or
48.357 (2v) (d). In this paragraph, "relative" includes a relative whose relationship is derived through a parent of the child whose parental rights are terminated.
48.78(2)(j)
(j) Paragraph (a) does not prohibit an agency from disclosing information to any public or private agency in this state or any other state that is investigating a person for purposes of licensing the person to operate a foster home or placing a child for adoption in the home of the person.
48.78(2)(k)
(k) Paragraph (a) does not prohibit the department of children and families from providing to the department of revenue, upon request, information concerning a recipient of payments under
s. 48.57 (3m) or
(3n) or aid under
s. 48.645, including information contained in the electronic records of the department of children and families, solely for the purposes of administering state taxes, including verifying a claim for a state tax refund or a refundable state tax credit, and collecting debts owed to the department of revenue. Any information obtained by the department of revenue under this paragraph is subject to the confidentiality provisions specified in
s. 71.78.
48.78 History
History: 1979 c. 34;
1981 c. 359;
1983 a. 471 s.
7;
1985 a. 29 s.
3202 (23);
1985 a. 176,
292,
332;
1987 a. 332;
1989 a. 31,
107,
336;
1991 a. 17,
39;
1993 a. 16,
92,
95,
218,
227,
377,
385,
395,
479,
491;
1995 a. 27 ss.
2610 to
2614p,
9126 (19);
1995 a. 77,
230,
352;
1997 a. 205,
207,
283,
292;
2001 a. 38,
69,
104,
109;
2005 a. 25,
293,
344,
406,
434;
2007 a. 20 ss.
1364,
9121 (6) (a);
2009 a. 79,
185,
302,
338;
2011 a. 32,
260,
270;
2013 a. 20,
170,
334.
48.78 Annotation
The juvenile court must make a threshold relevancy determination by an in camera review when confronted with: 1) a discovery request under s. 48.293 (2); 2) an inspection request of juvenile records under ss. 48.396 (2) and 938.396 (2); or 3) an inspection request of agency records under ss. 48.78 (2) (a) and 938.78 (2) (a). The test for permissible discovery is whether the information sought appears reasonably calculated to lead to the discovery of admissible evidence. Courtney F. v. Ramiro M.C.
2004 WI App 36,
269 Wis. 2d 709,
676 N.W.2d 545,
03-3018.
COMMUNITY SERVICES
48.79
48.79
Powers of the department. The department has authority and power:
48.79(4)
(4) To assist communities in setting up recreational commissions and to assist them in extending and broadening recreational programs so as to reach all children.
48.79(5)
(5) To assist in extending the local child care programs so as to reach all homes needing such help.
48.79(6)
(6) To assist in recruiting and training voluntary leaders for youth-serving organizations.
48.79(7)
(7) To assist localities in securing needed specialized services such as medical, psychiatric, psychological and social work services when existing agencies are not able to supply them.
48.79(8)
(8) To assist localities in making surveys of needs and available resources.
48.79(9)
(9) To assist in appraising the achievement of local programs.
48.79(10)
(10) To serve in a general consultative capacity, acting as a clearing house, developing materials, arranging conferences and participating in public addresses and radio programs.
48.79 History
History: 1989 a. 31,
107;
1995 a. 27,
77.
48.80
48.80
Municipalities may sponsor activities. 48.80(1)
(1) Any municipality is hereby authorized and empowered to sponsor the establishment and operation of any committee, agency or council for the purpose of coordinating and supplementing the activities of public and private agencies devoted in whole or in part to the welfare of youth therein. Any municipality may appropriate, raise and expend funds for the purpose of establishing and of providing an executive staff to such committees, agencies or councils; may levy taxes and appropriate money for recreation and welfare projects; and may also receive and expend moneys from the state or federal government or private persons for such purposes.
48.80(2)
(2) No provision of this section shall be construed as vesting in any youth committee, council or agency any power, duty or function enjoined by law upon any municipal officer, board or department or as vesting in such committee, council or agency any supervisory or other authority over such officer, board or department.
48.80(3)
(3) In this section municipality means a county, city, village or town.
ADOPTION OF MINORS; GUARDIANSHIP
48.81
48.81
Who may be adopted. Any child who is present in this state at the time the petition for adoption is filed may be adopted if any of the following criteria are met:
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 Wis. 2d 424,
501 N.W.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, or by any computerized communication system, including by electronic mail, Internet site, Internet account, or any similar medium of communication provided via the Internet.
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 an Indian tribe.
48.825(1)(c)
(c) "Internet account" means an account created within a bounded system established by an Internet-based service that requires a user to input or store access information in an electronic device in order to view, create, use, or edit the user's account information, profile, display, communications, or stored data.
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 or to otherwise take into permanent physical custody.
48.825(2)(b)
(b) Advertise that the person will find an adoptive home or any other permanent physical placement for a child or arrange for or assist in the adoption, adoptive placement, or any other permanent physical placement of a child.
48.825(2)(c)
(c) Advertise that the person will place a child for adoption or in any other permanent physical placement.
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, in licensed foster homes or group homes, or in the homes of guardians under
s. 48.977 (2).
48.825(3)(b)
(b) An individual or agency providing adoption information under
s. 48.55.
48.825(3)(c)
(c) A foster care and adoption resource center funded by this state or a postadoption resource center funded by this state.
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(3m)
(3m) No person may publish by a public medium an advertisement that violates this section. If the owner, agent, or employee of the public medium receives a copy of the license of the person or agency requesting the advertisement that indicates that the person or agency is licensed to provide adoption services in this state, there is a rebuttable presumption that the advertisement does not violate this section.
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) or
(3m) may be fined not more than $10,000 or imprisoned not more than 9 months or both.
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) Except as provided in
s. 48.028 (3) (b), 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. 54 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. 54.
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):
