Note: Current law provides that if a child who has been placed outside the home is living more than 60 miles from his or her home, the permanency plan prepared for the child must include documentation that placement within 60 miles of the child's home is either unavailable or inappropriate.

Sections 1 [1m] and 2 permit a permanency plan to include documentation that placement more than 60 miles from a child's home is in the child's best interests and provide that the placement of a child in a licensed foster home or licensed treatment foster home more than 60 miles from the child's home is presumed to be in the best interests of the child if documentation is provided showing all of the following:

1. That the placement is made pursuant to a voluntary agreement under s. 48.63 (1), stats.

2. That the voluntary agreement provides that the child may be placed more than 60 miles from the child's home.

3. That the placement is made to facilitate the anticipated adoptive placement of the child under s. 48.833, stats., which governs adoptive placement of children by DHFS, county departments and child welfare agencies, or s. 48.837, stats., which governs independent adoptive placements of children with nonrelatives.

Note: This Section requires the juvenile court, at the hearing on a petition for TPR which is not filed with a petition for independent adoptive placement with a nonrelative, to determine whether a proposed adoptive parent of the child who is not a relative of the child has been identified. If the juvenile court so finds, the juvenile court must order the petitioner to submit a report regarding payments related to the adoption made by or on behalf of the proposed adoptive parents. The report requirements are set forth in detail in the Note following the Section creating s. 48.913, stats., below.

This Section requires the juvenile court to review the report and determine whether any payments or agreement to make payments are coercive to the birth parent or to an alleged or presumed father of the child. The Section provides that making any payment to or on behalf of the birth parent of the child, an alleged or presumed father of the child or the child conditional in any part upon transfer or surrender of the child or TPR or the finalization of the adoption creates a rebuttable presumption of coercion. The Section also provides that upon a finding of coercion, the juvenile court must either dismiss the petition for TPR or amend the agreement to delete any coercive conditions, if the parties agree to the amendment.

This Section also provides that, if the juvenile court finds that the proposed adoptive parent, or a person acting on behalf of the proposed adoptive parent, has made any payments in connection with the pregnancy, the birth of the child or the placement of the child with the proposed adoptive parents that are not permissible under the law, the juvenile court may dismiss the petition or refer the matter to the district attorney for prosecution under s. 948.24 (1), stats.

Note: Under current law, at the time a TPR order is entered, the juvenile court is required to inform each birth parent whose rights have been terminated of the provisions of the law governing the adoption search program administered by DHFS. This Section requires the juvenile court at that time to also inform the birth parents of the statutory provisions created by Section 5 of this bill.

Note: Release of information to an adoptive parent; requirement for written authorization. This Section requires an agency to provide to an adoptive parent of a child, at the request of the adoptive parent, any available information about the identity and location of a birth parent of the child if the agency has on file the unrevoked written authorization of that birth parent to release that information to the adoptive parent.

This Section permits any birth parent whose child was adopted or placed for adoption in this state to grant written authorization to the agency that placed the child for adoption or that was appointed the guardian of the child in an independent adoption to release any available information about the birth parent's identity and location to an adoptive parent of the child.

Release of information to a birth parent; requirement for written authorization. Similarly, this Section requires an agency to provide to a birth parent of a child, at the request of the birth parent, any available information about the identity and location of an adoptive parent of the child if the agency has on file the unrevoked written authorization of that adoptive parent to release that information to the birth parent.

This Section permits any adoptive parent who has adopted a child in this state or who has adopted in another state a child who was placed for adoption with the adoptive parent in this state to grant written authorization to the agency that placed the child for adoption or that was appointed the guardian of the child in an independent adoption to release any available information about the adoptive parent's identity and location to a birth parent of the child.

Notarization required. This Section requires a written authorization for the release of identifying information by an agency to be notarized.

Revocation of authorization. This Section permits a birth parent or an adoptive parent to revoke a written authorization filed by the birth parent or adoptive parent at any time by notifying the agency in writing.

Adoptee must be less than 21 years old. This Section authorizes the release of information as described above only if the child who the agency placed for adoption, or was appointed the guardian of, is less than 21 years of age.

Immunity from liability. This Section provides that any person, including the state or any political subdivision of the state, who participates in good faith in any requirement created by this Section is immune from any liability, civil or criminal, that results from his or her actions. This Section further provides that in any proceeding, civil or criminal, the good faith of any person participating in the requirements of this Section must be presumed.

Reasonable fees may be assessed. This Section permits an agency to assess reasonable fees for responding to requests for information or requests by a birth parent or adoptive parent to file a written authorization.

Agency may not contact parties who have not filed an authorization. This Section prohibits agencies from contacting birth parents or adoptive parents for the purpose of determining whether they wish to file a written authorization authorizing the release of information about themselves. This Section, however, permits agencies to contact one time, by mail, the birth parents or adoptive parents of a child who was adopted before this Section becomes effective, to inform them of the new procedure for the release of identifying information created by this Section.

Note: Sections 6 and 7 provide an exception to the requirement that a petition for rehearing under s. 48.46 (1), stats., must be filed within one year after the entering of the juvenile court's order. Under Section 7, a petition for rehearing with respect to a TPR order or an order adjudicating paternity under subch. VIII of ch. 48, stats., based on newly discovered evidence must be filed within one year after the date on which the order is entered, unless within that one-year period a juvenile court in this state or a court in another jurisdiction enters an order granting adoption of the child, in which case the petition for rehearing must be filed before the date on which a juvenile court in Wisconsin or in another jurisdiction enters the order granting adoption of the child or within 30 days after the date on which the TPR order or paternity order is entered, whichever is later. Thus, such a petition may be filed up to one year after the TPR order or paternity order is entered unless the child is adopted within the year after the TPR order or paternity order is entered. In that case, such a petition cannot be filed after the adoption order is entered, unless the adoption order is entered less than 30 days after the date on which the TPR order or paternity order is entered, in which case the petition may be filed within 30 days after the date on which the TPR order or paternity order is entered. This provision does not apply to a TPR order if the parent consented to the TPR or did not contest the TPR petition; in that case, s. 48.46 (2), stats., applies.

Note: This Section provides that if a child has been in a foster home, treatment foster home or group home for 6 months or more and if the reason for removal is to place the child for adoption under s. 48.833, stats., the provision in current law that, absent safety considerations requiring immediate removal, the child may not be removed before completion of the hearing under s. 48.64 (4) (a) or (c), stats., if requested, or 30 days after the receipt of the notice of intent to remove, whichever is later, does not apply if written waivers of objection to the proposed removal are signed by all of the persons who have the right to request a hearing under s. 48.64 (4) (a) or (c), stats. (Sections 48.64 (4) (a) and (c) and 48.833, stats., are discussed in the Prefatory note to the bill.)

Note: This Section repeals and recreates the provision under current law that any minor who meets all of the following criteria may be adopted:

“(1) Except as provided under s. 48.839 (3) (b) [relating to certain cases involving the adoption of a child from a foreign country] or if an appointment of guardianship has been made under s. 48.831 [relating to appointment of a guardian for a child without a living parent for an adoptability finding], a minor whose parental rights have been terminated under subch. VIII [relating to TPR] or in another state or foreign jurisdiction.

(2) A minor who is present within this state at the time the petition for adoption is filed." [s. 48.81, stats.].

Comments regarding a decision of the Wisconsin Supreme Court interpreting s. 48.81, stats., and further comments on s. 48.81, stats., are included in the Prefatory note to the bill.

This Section permits any child who is present in this state at the time the petition for adoption is filed to be adopted if any of the following criteria are met:

1. Both of the child's parents are deceased.

2. The parental rights of both of the child's parents with respect to the child have been terminated under subch. VIII of ch. 48, stats., or in another state or a foreign jurisdiction.

3. The parental rights of one of the child's parents with respect to the child have been terminated under subch. VIII of ch. 48, stats., or in another state or a foreign jurisdiction and the child's other parent is deceased.

4. The spouse of the child's parent (the child's stepparent) with whom the child and the child's parent reside files the adoption petition and either: (a) the child's other parent is deceased; or (b) the parental rights of the child's other parent with respect to the child have been terminated under subch. VIII of ch. 48, stats., or in another state or a foreign jurisdiction.

5. Section 48.839 (3) (b), stats., applies, which provides that in certain cases involving the adoption of a child from a foreign country, a TPR is not required, but proof must be available to show that the child has been freed for adoption.

6. The child is being readopted under s. 48.97, stats.