48.432(2)(b)
(b) Any birth parent whose rights to a child have been terminated in this state at any time, or who consented to the adoption of a child before February 1, 1982, may file with the department, or agency contracted with under
sub. (9), any relevant medical or genetic information about the child or the child's birth parents, and the department or agency shall maintain the information in the centralized birth record file.
48.432(3)(a)(a) The department, or agency contracted with under sub, (9), shall release the medical information under
sub. (2) to any of the following persons upon request:
48.432(3)(a)3.
3. The guardian or legal custodian of an individual or adoptee.
48.432(3)(a)4.
4. The offspring of an individual or adoptee if the requester is 18 years of age or older.
48.432(3)(a)5.
5. An agency or social worker assigned to provide services to the individual or adoptee or place the individual for adoption.
48.432(3)(b)
(b) Before releasing the information under
par. (a), the department, or agency contracted with under
sub. (9), shall delete the name and address of the birth parent and the identity of any provider of health care to the individual or adoptee or to the birth parent.
48.432(3)(c)
(c) The person making a request under this subsection shall pay a fee for the cost of locating, verifying, purging, summarizing, copying and mailing the medical or genetic information according to a fee schedule established by the department, or agency contracted with under
sub. (9), based on ability to pay. The fee may not be more than $150 and may be waived by the department or agency.
48.432(4)(a)(a) Whenever any person specified under
sub. (3) wishes to obtain medical and genetic information about an individual whose birth parent's rights have been terminated in this state at any time, or whose birth parent consented to his or her adoption before February 1, 1982, or medical and genetic information about the birth parents of such an individual or adoptee, and the information is not on file with the department, or agency contracted with under
sub. (9), the person may request that the department or agency conduct a search for the birth parents to obtain the information. The request shall be accompanied by a statement from a physician certifying either that the individual or adoptee has or may have acquired a genetically transferable disease or that the individual's or adoptee's medical condition requires access to the information.
48.432(4)(b)
(b) Upon receipt of a request under
par. (a), the department, or agency contracted with under
sub. (9), shall undertake a diligent search for the individual's or adoptee's parents.
48.432(4)(c)
(c) Employes of the department and any agency conducting a search under this subsection may not inform any person other than the birth parents of the purpose of the search.
48.432(4)(d)
(d) The department, or agency contracted with under
sub. (9), shall charge the requester a reasonable fee for the cost of the search. When the department or agency determines that the fee will exceed $100 for either birth parent, it shall notify the requester. No fee in excess of $100 per birth parent may be charged unless the requester, after receiving notification under this paragraph, has given consent to proceed with the search.
48.432(4)(e)
(e) The department or agency conducting the search shall, upon locating a birth parent, notify him or her of the request and of the need for medical and genetic information.
48.432(4)(f)
(f) The department, or agency contracted with under
sub. (9), shall release to the requester any medical or genetic information provided by a birth parent under this subsection without disclosing the birth parent's identity or location.
48.432(4)(g)
(g) If a birth parent is located but refuses to provide the information requested, the department, or agency contracted with under
sub. (9), shall notify the requester, without disclosing the birth parent's identity or location, and the requester may petition the circuit court to order the birth parent to disclose the information. The court shall grant the motion for good cause shown.
48.432(7)(a)(a) If the department or another agency that maintains records relating to the adoption of an adoptee or the termination of parental rights receives a report from a physician stating that a birth parent or another offspring of the birth parent has acquired or may have a genetically transferable disease, the department or agency shall notify the individual or adoptee of the existence of the disease, if he or she is 18 years of age or over, or notify the individual's or adoptee's guardian, custodian or adoptive parent if the individual or adoptee is under age 18.
48.432(7)(b)
(b) If the department or agency receives a report from a physician that an individual or adoptee has acquired or may have a genetically transferable disease, the department or agency shall notify the individual's or adoptee's birth parent of the existence of the disease.
48.432(7)(c)
(c) Notice under
par. (a) or
(b) shall be sent to the most recent address on file with the agency or the department.
48.432(8)
(8) Any person, including this state or any political subdivision of this state, who participates in good faith in any requirement of this section shall have immunity from any liability, civil or criminal, that results from his or her actions. In any proceeding, civil or criminal, the good faith of any person participating in the requirements of this section shall be presumed.
48.432(8m)
(8m) The department, or agency contracted with under
sub. (9), shall give priority to all of the following:
48.432(8m)(b)
(b) A request or a court order for medical or genetic information under
subs. (3) and
(4) if it is accompanied by a statement from a physician certifying that a child has acquired or may have a genetically transferable disease.
48.432(8m)(c)
(c) Any reports and requests specified by the department by rule.
48.432(9)
(9) The department shall promulgate rules to implement this section and may contract with an agency to administer this section.
48.433
48.433
Access to identifying information about parents. 48.433(2)
(2) Any birth parent whose rights have been terminated in this state at any time, or who has consented to the adoption of his or her child in this state before February 1, 1982, may file with the department, or agency contracted with under
sub. (11), an affidavit authorizing the department or agency to provide the child with his or her original birth certificate and with any other available information about the birth parent's identity and location. An affidavit filed under this subsection may be revoked at any time by notifying the department or agency in writing.
48.433(3)
(3) Any person 21 years of age or over whose birth parent's rights have been terminated in this state or who has been adopted in this state with the consent of his or her birth parent or parents before February 1, 1982, may request the department, or agency contracted with under
sub. (11), to provide the person with the following:
48.433(3)(b)
(b) Any available information regarding the identity and location of his or her birth parents.
48.433(4)
(4) Before acting on the request, the department, or agency contracted with under
sub. (11), shall require the requester to provide adequate identification.
48.433(5)
(5) The department, or agency contracted with under
sub. (11), shall disclose the requested information in either of the following circumstances:
48.433(5)(a)
(a) The department, or agency contracted with under
sub. (11), has on file unrevoked affidavits filed under
sub. (2) from both birth parents.
48.433(5)(b)
(b) One of the birth parents was unknown at the time of the proceeding for termination of parental rights or consent adoption and the known birth parent has filed an unrevoked affidavit under
sub. (2).
48.433(6)(a)(a) If the department, or agency contracted with under
sub. (11), does not have on file an affidavit from each known birth parent, it shall, within 3 months after the date of the original request, undertake a diligent search for each birth parent who has not filed an affidavit. The search shall be completed within 6 months after the date of the request, unless the search falls within one of the exceptions established by the department by rule. If any information has been provided under
sub. (5), the department or agency is not required to conduct a search.
48.433(6)(c)
(c) Employes of the department and any agency conducting a search under this subsection may not inform any person other than the birth parents of the purpose of the search.
48.433(6)(d)
(d) The department, or agency contracted with under
sub. (11), shall charge the requester a reasonable fee for the cost of the search. When the department or agency determines that the fee will exceed $100 for either birth parent, it shall notify the requester. No fee in excess of $100 per birth parent may be charged unless the requester, after receiving notification under this paragraph, has given consent to proceed with the search.
48.433(7)(a)(a) The department or agency conducting the search shall, upon locating a birth parent, make at least one verbal contact and notify him or her of the following:
48.433(7)(a)3.
3. The fact that the birth parent has the right to file with the department the affidavit under
sub. (2).
48.433(7)(b)
(b) Within 3 working days after contacting a birth parent, the department, or agency contracted with under
sub. (11), shall send the birth parent a written copy of the information specified under
par. (a) and a blank copy of the affidavit.
48.433(7)(c)
(c) If the birth parent files the affidavit, the department, or agency contracted with under
sub. (11), shall disclose the requested information if permitted under
sub. (5).
48.433(7)(d)
(d) If the department or an agency has contacted a birth parent under this subsection, and the birth parent does not file the affidavit, the department may not disclose the requested information.
48.433(7)(e)
(e) If, after a search under this subsection, a known birth parent cannot be located, the department, or agency contracted with under
sub. (11), may disclose the requested information if the other birth parent has filed an unrevoked affidavit under
sub. (2).
48.433(7)(f)
(f) The department or agency conducting a search under this subsection may not contact a birth parent again on behalf of the same requester until at least 12 months after the date of the previous contact. Further contacts with a birth parent under this subsection on behalf of the same requester may be made only if 5 years have elapsed since the date of the last contact.
48.433(8)(a)(a) If a birth parent is known to be dead and has not filed an unrevoked affidavit under
sub. (2), the department, or agency contracted with under
sub. (11), shall so inform the requester. The department or agency may not provide the requester with his or her original birth certificate or with the identity of that parent, but shall provide the requester with any available information it has on file regarding the identity and location of the other birth parent if both of the following conditions exist:
48.433(8)(a)1.
1. The other birth parent has filed an unrevoked affidavit under
sub. (2).
48.433(8)(a)2.
2. One year has elapsed since the death of the deceased birth parent.
48.433(8)(b)
(b) If a birth parent is known to be dead, the department, or agency contracted with under
sub. (11), in addition to the information provided under
par. (a), shall provide the requester with any nonidentifying social history information about the deceased parent on file with the department or agency.
48.433(8m)
(8m) If the department, or agency contracted with under
sub. (11), may not disclose the information requested under this section, it shall provide the requester with any nonidentifying social history information about either of the birth parents that it has on file.
48.433(9)
(9) The requester may petition the circuit court to order the department or agency designated by the department to disclose any information that may not be disclosed under this section. The court shall grant the petition for good cause shown.
48.433(10)
(10) Any person, including this state or any political subdivision of this state, who participates in good faith in any requirement of this section shall have immunity from any liability, civil or criminal, that results from his or her actions. In any proceeding, civil or criminal, the good faith of any person participating in the requirements of this section shall be presumed.
48.433(11)
(11) The department shall promulgate rules to implement this section and may contract with an agency to administer this section.
48.435
48.435
Custody of children. The mother of a nonmarital child has legal custody of the child unless the court grants legal custody to another person or transfers legal custody to an agency.
48.435 History
History: 1979 c. 330;
1983 a. 447.
JURISDICTION OVER PERSON 17 OR OLDER
48.44
48.44
Jurisdiction over persons 17 or older. 48.44(1)
(1) The court has jurisdiction over persons 17 or older as provided under
ss. 48.355 (4) and
48.45 and as otherwise specifically provided in this chapter.
48.44(2)
(2) The court has jurisdiction over a person subject to an order under
s. 48.366 for all matters relating to that order.
48.45
48.45
Orders applicable to adults. 48.45(1)(a)(a) If in the hearing of a case of a child alleged to be in a condition described in
s. 48.13 it appears that any person 17 or older has been guilty of contributing to, encouraging, or tending to cause by any act or omission, such condition of the child, the judge may make orders with respect to the conduct of such person in his or her relationship to the child, including orders determining the ability of the person to provide for the maintenance or care of the child and directing when, how and where funds for the maintenance or care shall be paid.
48.45(1)(b)
(b) An act or failure to act contributes to a condition of a child as described in
s. 48.13, although the child is not actually adjudicated to come within the provisions of
s. 48.13, if the natural and probable consequences of that act or failure to act would be to cause the child to come within the provisions of
s. 48.13.
48.45(1m)(a)(a) In a proceeding in which a child has been found to be in need of protection or services under
s. 48.13, the judge may order the child's parent, guardian or legal custodian to comply with any conditions determined by the judge to be necessary for the child's welfare. An order under this paragraph may include an order to participate in mental health treatment, anger management, individual or family counseling or parent training and education and to make a reasonable contribution, based on ability to pay, toward the cost of those services.
48.45(1m)(b)
(b) A judge may not order inpatient treatment under
par. (a) for a child's parent, guardian or legal custodian. All inpatient treatment commitments or admissions must be conducted in accordance with
ch. 51.
48.45(2)
(2) No order under
sub. (1) (a) or
(1m) (a) may be entered until the person who is the subject of the contemplated order is given an opportunity to be heard on the contemplated order. The court shall cause notice of the time, place and purpose of the hearing to be served on the person personally at least 10 days before the date of hearing. The procedure in these cases shall, as far as practicable, be the same as in other cases in the court. At the hearing the person may be represented by counsel and may produce and cross-examine witnesses. Any person who fails to comply with any order issued by a court under
sub. (1) (a) or
(1m) (a) may be proceeded against for contempt of court. If the person's conduct involves a crime, the person may be proceeded against under the criminal law.
48.45(3)
(3) If it appears at a court hearing that any person 17 or older has violated
s. 948.40, the judge shall refer the record to the district attorney for criminal proceedings as may be warranted in the district attorney's judgment. This subsection does not prevent prosecution of violations of
s. 948.40 without the prior reference by the judge to the district attorney, as in other criminal cases.
48.45 Annotation
Involuntary commitment was not authorized by this section. Contempt In Interest of J. S., 137 W (2d) 217, 404 NW (2d) 79 (Ct. App. 1987).
REHEARING AND APPEAL
48.46
48.46
New evidence; relief from judgment terminating parental rights. 48.46(1)(1) Except as provided in
sub. (2), the parent, guardian or legal custodian of the child or the child whose status is adjudicated by the court may at any time within one year after the entering of the court's order petition the court for a rehearing on the ground that new evidence has been discovered affecting the advisability of the court's original adjudication. Upon a showing that such evidence does exist, the court shall order a new hearing.
48.46(2)
(2) A parent who has consented to the termination of his or her parental rights under
s. 48.41 or who did not contest the petition initiating the proceeding in which his or her parental rights were terminated may move the court for relief from the judgment on any of the grounds specified in
s. 806.07 (1) (a),
(b),
(c),
(d) or
(f). Any such motion shall be filed within 30 days after the entry of the judgment or order terminating parental rights, unless the parent files a timely notice of intent to pursue relief from the judgment under
s. 808.04 (7m), in which case the motion shall be filed within the time permitted by
s. 809.107 (5). A motion under this subsection does not affect the finality or suspend the operation of the judgment or order terminating parental rights. Motions under this subsection and appeals to the court of appeals shall be the exclusive remedies for such a parent to obtain a new hearing in a termination of parental rights proceeding.
