AB150,937,5

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148.415 (1) (b) Incidental or occasional contact between parent and child shall
2not preclude the court from finding that the parent has failed to visit or communicate
3with the child under par. (a) 2. or 3. The time periods under par. (a) 2. or 3. shall not
4include any periods during which the parent has been prohibited by judicial order
5from visiting or communicating with the child.

AB150,937,107 48.415 (1) (c) A showing under par. (a) that abandonment has occurred may be
8rebutted by other evidence that the parent has not disassociated himself or herself
9from the child or relinquished made a voluntary effort to fulfill his or her
10responsibility for the child's care and well-being.

AB150,937,1312 48.415 (2m) Continuing alcohol or other drug abuse. Continuing alcohol or
13other drug abuse may be established by a showing of all of the following:

AB150,937,1914 (a) That the child has been adjudged to be in need of protection or services and
15placed, or continued in a placement, outside his or her home pursuant to one or more
16court orders under s. 48.345, 48.357, 48.363 or 48.365 containing the notice required
17by s. 48.356 (2) and the parent's abuse of alcohol or other drugs contributed to the
18court's decision to place the child, or continue the child's placement, outside his or her
19home.

AB150,937,2320 (b) That a condition for the return of the child to the home is the parent's
21participation in alcohol or other drug abuse treatment and the agency responsible
22for the care of the child and the family has made a diligent effort to provide that
23treatment.

AB150,938,3

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1(c) That the child has been outside the home for a cumulative total period of 6
2months or longer under those orders and the parent has failed to participate actively
3and voluntarily in that treatment and continues to abuse alcohol or other drugs.

AB150,938,85 48.415 (5) Child abuse. (intro.) Child abuse may be established by a showing
6that the parent has exhibited a pattern of abusive behavior which is a substantial
7threat to the health of the child who is the subject of the petition and a showing of
8either of any of the following:

AB150,938,1811 48.415 (6) (b) Failure to assume parental responsibility may be established by
12a showing that a child is a nonmarital child who has not been adopted or whose
13parents have not subsequently intermarried under s. 767.60, that paternity was not
14adjudicated before the filing of the petition for termination of parental rights and:
151. The person or persons who may be the father of the child have been given notice
16under s. 48.42 but have failed to appear or otherwise submit to the jurisdiction of the
17court and that such person or persons have the parent or a person who may be the
18parent has never had a substantial parental relationship with the child; or.

AB150,938,2422 48.615 (6) (a) In this subsection, "substantial parental relationship" means the
23acceptance and exercise of significant responsibility for the daily supervision,
24education, protection and care of the child.

AB150,939,9

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1(c) In evaluating whether the person has had a substantial parental
2relationship with the child, the court may consider such factors, including, but not
3limited to, whether the person has ever expressed concern for or interest in the
4support, care or well-being of the child or the mother during her pregnancy and
5whether the person has neglected or refused to provide care or support. If the person
6is or may be the father of the child, the court may also consider, in evaluating whether
7the person has had a substantial parental relationship with the child, whether the
8person has ever expressed concern for or interest in the support, care or well-being
9of the mother during her pregnancy.

AB150,939,1611 48.415 (8) (title) Intentional homicide of parent or sibling. Intentional
12homicide of a parent or sibling may be established by a showing that a parent or
13sibling of the child has been a victim of first-degree intentional homicide in violation
14of s. 940.01 or of 2nd-degree intentional homicide in violation of s. 940.05 and that
15the person whose parental rights are sought to be terminated has been convicted of
16that intentional homicide.

AB150,939,2218 48.42 (1) Petition. (intro.) A proceeding for the termination of parental rights
19shall be initiated by petition which may be filed by the child's parent, an agency or
20a person authorized to file a petition under s. 48.235 (4) (a) 3., 48.25 or 48.835. The
21petition shall be entitled "In the interest of .......... (child's name), a person under the
22age of 18" and shall set forth with specificity:

AB150,939,2524 48.42 (1) (d) A statement of whether the child may be subject to the federal
25Indian child welfare act, 25 USC 1911 to 1963.

AB150,940,72 48.43 (1) (d) The court's finding as to whether a county department which
3provides social services or the agency primarily responsible for the provision of
4services has made reasonable efforts to prevent the removal of the child from the
5home or, if applicable, that the agency primarily responsible for the provision of
6services has made reasonable efforts to make it possible for the child to return to his
7or her home.

AB150,940,109 48.43 (1) (e) The court's finding that the continuation of the child in the home
10of the parent is contrary to the welfare of the child.

AB150,940,1412 48.432 (2) (a) The department, or agency contracted with under sub. (9), shall
13maintain all information obtained under s. 48.427 (6) (b) in a centralized birth record
14file.

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.

AB150,940,2523 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:

AB150,941,52 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.

AB150,941,117 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.

AB150,941,2313 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.

AB150,942,6

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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.

AB150,942,138 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.

AB150,942,1815 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.

AB150,942,2420 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.

AB150,943,2

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148.432 (8m) (intro.)  The department , or agency contracted with under sub. (9),
2shall give priority to all of the following:

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.

AB150,943,147 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.

AB150,943,2016 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:

AB150,943,2322 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.

AB150,944,2

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148.433 (5) (intro.)  The department, or agency contracted with under sub. (11),
2shall disclose the requested information in either of the following circumstances:

AB150,944,54 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.

AB150,944,137 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.

AB150,944,2116 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.

AB150,945,223 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

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1a written copy of the information specified under par. (a) and a blank copy of the
2affidavit.

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).

AB150,945,118 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).

AB150,945,1913 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:

AB150,945,2421 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.

AB150,946,4

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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.

AB150,946,76 48.433 (11) The department shall promulgate rules to implement this section
7and may contract with an agency to administer this section.

AB150,946,17 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.

AB150,946,2519 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.

AB150,947,62 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.