AB150,940,2116 48.432 (2) (b) Any birth parent whose rights to a child have been terminated
17in this state at any time, or who consented to the adoption of a child before February
181, 1982, may file with the department, or agency contracted with under sub. (9), any
19relevant medical or genetic information about the child or the child's birth parents,
20and the department or agency shall maintain the information in the centralized birth
21record file.
AB150, s. 2497 22Section 2497. 48.432 (3) (a) (intro.) of the statutes is amended to read:
AB150,940,2523 48.432 (3) (a) (intro.) The department, or agency contracted with under sub.
24(9),
shall release the medical information under sub. (2) to any of the following
25persons upon request:
AB150, s. 2498
1Section 2498. 48.432 (3) (b) of the statutes is amended to read:
AB150,941,52 48.432 (3) (b) Before releasing the information under par. (a), the department,
3or agency contracted with under sub. (9),
shall delete the name and address of the
4birth parent and the identity of any provider of health care to the individual or
5adoptee or to the birth parent.
AB150, s. 2499 6Section 2499. 48.432 (3) (c) of the statutes is amended to read:
AB150,941,117 48.432 (3) (c) The person making a request under this subsection shall pay a
8fee for the cost of locating, verifying, purging, summarizing, copying and mailing the
9medical or genetic information according to a fee schedule established by the
10department, or agency contracted with under sub. (9), based on ability to pay. The
11fee may not be more than $150 and may be waived by the department or agency.
AB150, s. 2500 12Section 2500. 48.432 (4) (a) of the statutes is amended to read:
AB150,941,2313 48.432 (4) (a) Whenever any person specified under sub. (3) wishes to obtain
14medical and genetic information about an individual whose birth parent's rights
15have been terminated in this state at any time, or whose birth parent consented to
16his or her adoption before February 1, 1982, or medical and genetic information
17about the birth parents of such an individual or adoptee, and the information is not
18on file with the department, or agency contracted with under sub. (9), the person may
19request that the department or agency conduct a search for the birth parents to
20obtain the information. The request shall be accompanied by a statement from a
21physician certifying either that the individual or adoptee has or may have acquired
22a genetically transferable disease or that the individual's or adoptee's medical
23condition requires access to the information.
AB150, s. 2501 24Section 2501. 48.432 (4) (b) of the statutes is amended to read:
AB150,942,6
148.432 (4) (b) Upon receipt of a request under par. (a), the department, or
2agency contracted with under sub. (9),
shall undertake a diligent search for the
3individual's or adoptee's parents. Upon request by the department, an agency shall
4cooperate in the search and shall make its records available to the department. The
5department may not require an agency to conduct the search, but may designate an
6agency to do so with the agency's consent
.
AB150, s. 2502 7Section 2502. 48.432 (4) (d) of the statutes is amended to read:
AB150,942,138 48.432 (4) (d) The department, or agency designated by the department
9contracted with under par. (b) sub. (9), shall charge the requester a reasonable fee
10for the cost of the search. When the department or agency determines that the fee
11will exceed $100 for either birth parent, it shall notify the requester. No fee in excess
12of $100 per birth parent may be charged unless the requester, after receiving
13notification under this paragraph, has given consent to proceed with the search.
AB150, s. 2503 14Section 2503. 48.432 (4) (f) of the statutes is amended to read:
AB150,942,1815 48.432 (4) (f) The department, or agency contracted with under sub. (9), shall
16release to the requester any medical or genetic information provided by a birth
17parent under this subsection without disclosing the birth parent's identity or
18location.
AB150, s. 2504 19Section 2504. 48.432 (4) (g) of the statutes is amended to read:
AB150,942,2420 48.432 (4) (g) If a birth parent is located but refuses to provide the information
21requested, the department, or agency contracted with under sub. (9), shall notify the
22requester, without disclosing the birth parent's identity or location, and the
23requester may petition the circuit court to order the birth parent to disclose the
24information. The court shall grant the motion for good cause shown.
AB150, s. 2505 25Section 2505. 48.432 (8m) (intro.) of the statutes is amended to read:
AB150,943,2
148.432 (8m) (intro.)  The department , or agency contracted with under sub. (9),
2shall give priority to all of the following:
AB150, s. 2506 3Section 2506. 48.432 (9) of the statutes is amended to read:
AB150,943,54 48.432 (9) The department shall promulgate rules to implement this section
5and may contract with an agency to administer this section.
AB150, s. 2507 6Section 2507. 48.433 (2) of the statutes is amended to read:
AB150,943,147 48.433 (2) Any birth parent whose rights have been terminated in this state
8at any time, or who has consented to the adoption of his or her child in this state
9before February 1, 1982, may file with the department, or agency contracted with
10under sub. (11),
an affidavit authorizing the department or agency to provide the
11child with his or her original birth certificate and with any other available
12information about the birth parent's identity and location. An affidavit filed under
13this subsection may be revoked at any time by notifying the department or agency
14in writing.
AB150, s. 2508 15Section 2508. 48.433 (3) (intro.) of the statutes is amended to read:
AB150,943,2016 48.433 (3) (intro.)  Any person 21 years of age or over whose birth parent's
17rights have been terminated in this state or who has been adopted in this state with
18the consent of his or her birth parent or parents before February 1, 1982, may request
19the department, or agency contracted with under sub. (11), to provide the person with
20the following:
AB150, s. 2509 21Section 2509. 48.433 (4) of the statutes is amended to read:
AB150,943,2322 48.433 (4) Before acting on the request, the department , or agency contracted
23with under sub. (11),
shall require the requester to provide adequate identification.
AB150, s. 2510 24Section 2510. 48.433 (5) (intro.) of the statutes is amended to read:
AB150,944,2
148.433 (5) (intro.)  The department, or agency contracted with under sub. (11),
2shall disclose the requested information in either of the following circumstances:
AB150, s. 2511 3Section 2511. 48.433 (5) (a) of the statutes is amended to read:
AB150,944,54 48.433 (5) (a) The department, or agency contracted with under sub. (11), has
5on file unrevoked affidavits filed under sub. (2) from both birth parents.
AB150, s. 2512 6Section 2512. 48.433 (6) (a) of the statutes is amended to read:
AB150,944,137 48.433 (6) (a) If the department, or agency contracted with under sub. (11), does
8not have on file an affidavit from each known birth parent, it shall, within 3 months
9after the date of the original request, undertake a diligent search for each birth
10parent who has not filed an affidavit. The search shall be completed within 6 months
11after the date of the request, unless the search falls within one of the exceptions
12established by the department by rule. If any information has been provided under
13sub. (5), the department or agency is not required to conduct a search.
AB150, s. 2513 14Section 2513. 48.433 (6) (b) of the statutes is repealed.
AB150, s. 2514 15Section 2514. 48.433 (6) (d) of the statutes is amended to read:
AB150,944,2116 48.433 (6) (d) The department, or agency designated by the department
17contracted with under par. (b) sub. (11), shall charge the requester a reasonable fee
18for the cost of the search. When the department or agency determines that the fee
19will exceed $100 for either birth parent, it shall notify the requester. No fee in excess
20of $100 per birth parent may be charged unless the requester, after receiving
21notification under this paragraph, has given consent to proceed with the search.
AB150, s. 2515 22Section 2515. 48.433 (7) (b) of the statutes is amended to read:
AB150,945,223 48.433 (7) (b) Within 3 working days after contacting a birth parent, the
24department, or agency contracted with under sub. (11), shall send the birth parent

1a written copy of the information specified under par. (a) and a blank copy of the
2affidavit.
AB150, s. 2516 3Section 2516. 48.433 (7) (c) of the statutes is amended to read:
AB150,945,64 48.433 (7) (c) If the birth parent files the affidavit, the department, or agency
5contracted with under sub. (11),
shall disclose the requested information if permitted
6under sub. (5).
AB150, s. 2517 7Section 2517. 48.433 (7) (e) of the statutes is amended to read:
AB150,945,118 48.433 (7) (e) If, after a search under this subsection, a known birth parent
9cannot be located, the department, or agency contracted with under sub. (11), may
10disclose the requested information if the other birth parent has filed an unrevoked
11affidavit under sub. (2).
AB150, s. 2518 12Section 2518. 48.433 (8) (a) (intro.) of the statutes is amended to read:
AB150,945,1913 48.433 (8) (a) (intro.) If a birth parent is known to be dead and has not filed
14an unrevoked affidavit under sub. (2), the department, or agency contracted with
15under sub. (11),
shall so inform the requester. The department or agency may not
16provide the requester with his or her original birth certificate or with the identity of
17that parent, but shall provide the requester with any available information it has on
18file regarding the identity and location of the other birth parent if both of the
19following conditions exist:
AB150, s. 2519 20Section 2519. 48.433 (8) (b) of the statutes is amended to read:
AB150,945,2421 48.433 (8) (b) If a birth parent is known to be dead, the department, or agency
22contracted with under sub. (11)
, in addition to the information provided under par.
23(a), shall provide the requester with any nonidentifying social history information
24about the deceased parent on file with the department or agency.
AB150, s. 2520 25Section 2520. 48.433 (8m) of the statutes is amended to read:
AB150,946,4
148.433 (8m) If the department, or agency contracted with under sub. (11), may
2not disclose the information requested under this section, it shall provide the
3requester with any nonidentifying social history information about either of the
4birth parents that it has on file.
AB150, s. 2521 5Section 2521. 48.433 (11) of the statutes is amended to read:
AB150,946,76 48.433 (11) The department shall promulgate rules to implement this section
7and may contract with an agency to administer this section.
AB150, s. 2522 8Section 2522. Subchapter IX (title) of chapter 48 [precedes 48.44] of the
9statutes is amended to read:
AB150,946,1010 CHAPTER 48
AB150,946,1311 SUBCHAPTER IX
12 JURISDICTION OVER PERSON 18 17
13OR OLDER
AB150, s. 2523 14Section 2523. 48.44 (title) and (1) of the statutes are amended to read:
AB150,946,17 1548.44 (title) Jurisdiction over persons 18 17 or older. (1) The court has
16jurisdiction over persons 18 17 or older as provided under ss. 48.355 (4) and 48.45 and
17as otherwise specifically provided in this chapter.
AB150, s. 2524 18Section 2524. 48.45 (1) (a) of the statutes is amended to read:
AB150,946,2519 48.45 (1) (a) If in the hearing of a case of a child alleged to be in a condition
20described in s. 48.12 or 48.13 it appears that any person 18 17 or older has been guilty
21of contributing to, encouraging, or tending to cause by any act or omission, such
22condition of the child, the judge may make orders with respect to the conduct of such
23person in his or her relationship to the child, including orders determining the ability
24of the person to provide for the maintenance or care of the child and directing when,
25how and where funds for the maintenance or care shall be paid.
AB150, s. 2525
1Section 2525. 48.45 (3) of the statutes is amended to read:
AB150,947,62 48.45 (3) If it appears at a court hearing that any person 18 17 or older has
3violated s. 948.40, the judge shall refer the record to the district attorney for criminal
4proceedings as may be warranted in the district attorney's judgment. This
5subsection does not prevent prosecution of violations of s. 948.40 without the prior
6reference by the judge to the district attorney, as in other criminal cases.
AB150, s. 2526 7Section 2526. 48.48 (intro.) of the statutes is amended to read:
AB150,947,9 848.48 (title) Authority of department of health and social services.
9(intro.) The department of health and social services shall have authority:
AB150, s. 2527 10Section 2527. 48.48 (3) of the statutes is amended to read:
AB150,947,1511 48.48 (3) To accept legal custody supervision of children transferred to it by the
12court under s. 48.355 48.34 (4m) and guardianship of children when appointed by the
13court, and to provide special treatment and care when directed by the court. A court
14may not direct the department to administer psychotropic medications to children
15who receive special treatment or care under this subsection.
AB150, s. 2528 16Section 2528. 48.48 (4) of the statutes, as affected by 1993 Wisconsin Act 385,
17is amended to read:
AB150,948,518 48.48 (4) To provide appropriate care and training for children in its legal
19custody or under its supervision under s. 48.34 (4m) or (4n); including serving those
20children in their own homes, placing them in licensed foster homes or licensed
21treatment foster homes in accordance with s. 48.63 or licensed group homes,
22contracting for their care by licensed child welfare agencies or replacing them in
23juvenile correctional institutions operated by the department in accordance with
24rules promulgated under ch. 227, except that the department shall not purchase the
25educational component of private day treatment programs for children in its custody

1unless the department, the school board as defined in s. 115.001 (7) and the state
2superintendent
department of public instruction education all determine that an
3appropriate public education program is not available. Disputes between the
4department and the school district shall be resolved by the state superintendent
5department of public instruction education.
AB150, s. 2529 6Section 2529. 48.48 (4m) (a) of the statutes is amended to read:
AB150,948,77 48.48 (4m) (a) Is at least 18 17 years of age;
AB150, s. 2530 8Section 2530. 48.48 (4m) (b) of the statutes, as affected by 1993 Wisconsin Act
9385
, is amended to read:
AB150,948,1110 48.48 (4m) (b) Was in the legal custody of the department or under its
11supervision under s. 48.34 (4m) or (4n) when the person reached 18 17 years of age;
AB150, s. 2531 12Section 2531. 48.48 (12) (a) of the statutes is amended to read:
AB150,948,1713 48.48 (12) (a) To enter into an agreement to assist in the cost of care of a child
14after legal adoption when the department has determined that such assistance is
15necessary to assure the child's adoption. Agreements under this paragraph shall be
16made in accordance with s. 48.975. Payments shall be made from the appropriation
17under s. 20.435 (7) (3) (dd).
AB150, s. 2532 18Section 2532 . 48.48 (14) of the statutes, as affected by 1993 Wisconsin Act 385,
19is amended to read:
AB150,949,220 48.48 (14) To pay maintenance, tuition and related expenses from the
21appropriations under s. 20.435 (3) (ho) and (7) (dd) for persons who when they
22reached 18 17 years of age were students regularly attending a school, college or
23university or regularly attending a course of vocational or technical training
24designed to fit them for gainful employment, and who when reaching that age were

1in the legal custody of the department or under its supervision under s. 48.34 (4m)
2or (4n) as a result of a judicial decision.
AB150, s. 2533 3Section 2533. 48.48 (14) of the statutes, as affected by 1993 Wisconsin Act 385
4and 1995 Wisconsin Act .... (this act), is repealed and recreated to read:
AB150,949,115 48.48 (14) To pay maintenance, tuition and related expenses from the
6appropriations under s. 20.435 (3) (dd) and (ho) for persons who, when they reached
717 years of age, were students regularly attending a school, college or university or
8regularly attending a course of vocational or technical training designed to fit them
9for gainful employment, and who when reaching that age were in the legal custody
10of the department or under its supervision under s. 48.34 (4m) or (4n) as a result of
11a judicial decision.
****Note: This is reconciled s. 48.48 (14). This Section has been affected by drafts with the
following LRB numbers: -2402/2 and -2478/2.
AB150, s. 2534 12Section 2534. 48.48 (16) of the statutes is amended to read:
AB150,949,1513 48.48 (16) To establish and enforce standards for services provided under ss.
1448.34 and 48.345 (1) (a) and (e). This authority does not apply to services provided
15by the department of corrections under s. 48.366 (8) or 48.537.
AB150, s. 2535 16Section 2535. 48.49 of the statutes, as affected by 1993 Wisconsin Acts 377,
17385 and 491, is amended to read:
AB150,950,6 1848.49 (title) Notification by court of transfer to department of
19corrections or of
placement with department of health and social services;
20information for
those departments department. (1) When the court places a
21child in a secured correctional facility under the supervision of the department of
22health and social services or transfers legal custody of a child to the department of
23corrections
, the court shall immediately notify the that department to which the

1child's legal custody is transferred or under whose supervision the child is placed
of
2that action. The court shall, in accordance with procedures established by the
3department to which the child's legal custody is transferred or under whose
4supervision the child is placed
of health and social services, provide transportation
5for the child to a receiving center designated by that department or deliver the child
6to personnel of that department.
AB150,950,14 7(2) When the court places a child in a secured correctional facility under the
8supervision of the department of health and social services or transfers legal custody
9of a child to the department of corrections
, the court and all other public agencies
10shall also immediately transfer to the that department to which the child's legal
11custody is transferred or under whose supervision the child is placed
a copy of the
12report submitted to the court under s. 48.33 and all other pertinent data in their
13possession and shall immediately notify the child's last school district in writing of
14its obligation under s. 118.125 (4).
AB150, s. 2536 15Section 2536. 48.50 (1) of the statutes, as affected by 1993 Wisconsin Acts 385
16and 491, is amended to read:
AB150,951,317 48.50 (1) The department shall examine every child who is placed under its
18supervision under s. 48.34 (4m) or (4n) or whose legal custody is transferred to it by
19the court to determine the type of placement best suited to the child and, in the case
20of a child who has violated a state law, to the protection of the public. This
21examination shall include an investigation of the personal and family history of the
22child and his or her environment, any physical or mental examinations considered
23necessary to determine the type of placement that is necessary for the child and the
24evaluation under s. 48.533 (1) or (2) to determine whether the child is eligible for
25corrective sanctions supervision. A child who is examined under this subsection

1shall be screened to determine whether the child is in need of special treatment or
2care because of alcohol or other drug abuse, mental illness or severe emotional
3disturbance.
AB150, s. 2537 4Section 2537 . 48.505 of the statutes, as created by 1993 Wisconsin Act 385,
5is amended to read:
AB150,951,17 648.505 (title) Children placed in a secured correctional facility or on
7aftercare under supervision of department of health and social services or
8county department
. The When a child is under the supervision of the department
9of health and social services under s. 48.34 (4m) or (4n), 48.357 (4) or (5) (e) or 48.366
10or under the supervision of a county department under s. 48.34 (4n), the
department
11or county department having supervision over the child shall have the right and duty
12to protect, train, discipline, treat and confine a child who is placed in a secured
13correctional facility under s. 48.34 (4m), 48.357 (4) or (5) (e) or 48.366,
the child and
14to provide food, shelter, legal services, education and ordinary medical and dental
15care for the child, subject to the rights, duties and responsibilities of the guardian of
16the child and subject to any residual parental rights and responsibilities and the
17provisions of any court order.
AB150, s. 2538 19Section 2538. 48.51 (title) of the statutes, as affected by 1993 Wisconsin Acts
20377 and 385, is amended to read:
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