SB695: Bill Text

LRB-5294/1

EAW:kjf

2019 - 2020 LEGISLATURE

2019 Senate BILL 695

January 16, 2020 - Introduced by Senators Smith, Bewley, Wirch and Larson, cosponsored by Representatives L. Myers, Considine, Crowley, Doyle, Subeck, Zamarripa, C. Taylor, Sinicki, Sargent, Neubauer, Hebl, Emerson, Brostoff, Bowen, Billings and Anderson. Referred to Committee on Universities, Technical Colleges, Children and Families.

SB695,1,8 An Act to renumber and amend 48.433 (8r) (b) and 48.433 (8r) (c); to amend 20.437 (1) (jj), 48.433 (title), 48.433 (1) (a), 48.433 (2), 48.433 (3) (intro.), 48.433 (5) (intro.), 48.433 (5) (a), 48.433 (6) (a), 48.433 (6) (d), 48.433 (7) (a) (intro.) and 3., (b), (c), (d), (e) and (f), 48.433 (8) (a), 48.433 (8) (b), 48.433 (8m), 48.433 (8r) (d) and 48.433 (11); and to create 48.433 (1) (am), 48.433 (8r) (b) 1. and 2., 48.433 (8r) (bm), 48.433 (8r) (c) (intro.), 48.433 (8r) (cm) 2. and 3. and 48.433 (8r) (e) of the statutes; relating to: searching for a biological sibling who has been adopted, granting rule-making authority, and making an appropriation.

Analysis by the Legislative Reference Bureau

Under current law, a person 18 years of age or over whose birth parent's rights have been terminated or who has been adopted in this state may file an affidavit with the Department of Children and Families allowing DCF to release contact information about that person to his or her birth parents if they request it. Under current law, only a birth parent is allowed to request the information about his or her birth child.

This bill allows an adult biological sibling or the parent, guardian, or legal custodian of a biological sibling who is a minor child to request information about a person whose birth parent's parental rights have been terminated in this state, or about that person's adoptive parents, if that person is a minor child. Under the bill, DCF is required to release the information about an adult biological sibling or the adoptive parent of a minor biological sibling if the information is requested and if the adult sibling or adoptive parent has filed an affidavit authorizing the release of the information.

Under the bill, if there is no affidavit on file for a sibling or adoptive parent of a sibling, DCF or an agency contracted with by DCF is required to search for any biological siblings or adoptive parents of a biological sibling of the requester or the requester's child. If a search is conducted and an adult biological sibling or adoptive parent of a minor biological sibling of the requester or the requester's child is found, DCF or the contracted agency is required to inform the biological sibling or adoptive parent of the purpose of the search and to give him or her the opportunity to file an affidavit allowing his or her information to be released to the requester.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB695,1 Section 1 . 20.437 (1) (jj) of the statutes is amended to read:

SB695,2,10 20.437 (1) (jj) Searches for birth parents, siblings, and adoption record information; foreign adoptions. The amounts in the schedule for paying the cost of searches for birth parents under ss. 48.432 (4) and 48.433 (6) and for biological siblings under s. 48.433 (8r) and for paying the costs of reviewing, certifying and approving foreign adoption documents under s. 48.838 (2) and (3). All moneys received as fees paid by persons requesting a search under s. 48.432 (3) (c) or (4), 48.433 (6) or (8r) (e), or 48.93 (1r) and paid by persons for the review, certification and approval of foreign adoption documents under s. 48.838 (2) and (3) shall be credited to this appropriation.

SB695,2 Section 2 . 48.433 (title) of the statutes is amended to read:

SB695,2,13 48.433 (title) Access to identifying information about parents and biological siblings.

SB695,3 Section 3 . 48.433 (1) (a) of the statutes is amended to read:

SB695,3,3 48.433 (1) (a) “Agency" has the meaning given under s. 48.432 (1) (ag) means a county department or a licensed child welfare agency that the department contracts with under sub. (11).

SB695,4 Section 4. 48.433 (1) (am) of the statutes is created to read:

SB695,3,6 48.433 (1) (am) “Biological sibling” means a person with whom an individual shares at least one birth parent.

SB695,5 Section 5 . 48.433 (2) of the statutes is amended to read:

SB695,3,15 48.433 (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 an affidavit 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.

SB695,6 Section 6 . 48.433 (3) (intro.) of the statutes is amended to read:

SB695,3,21 48.433 (3) (intro.) Any person 18 years of age or over adult 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:

SB695,7 Section 7 . 48.433 (5) (intro.) of the statutes is amended to read:

SB695,3,24 48.433 (5) (intro.) The department, or agency contracted with under sub. (11), shall disclose the requested information in either of the following circumstances:

SB695,8 Section 8 . 48.433 (5) (a) of the statutes is amended to read:

SB695,4,2 48.433 (5) (a) The department, or agency contracted with under sub. (11), has on file unrevoked affidavits filed under sub. (2) from both birth parents.

SB695,9 Section 9 . 48.433 (6) (a) of the statutes is amended to read:

SB695,4,10 48.433 (6) (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.

SB695,10 Section 10 . 48.433 (6) (d) of the statutes is amended to read:

SB695,4,17 48.433 (6) (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.

SB695,11 Section 11 . 48.433 (7) (a) (intro.) and 3., (b), (c), (d), (e) and (f) of the statutes are amended to read:

SB695,4,23 48.433 (7) (a) (intro.) The department or agency conducting the search shall, upon locating a birth parent, adult biological sibling, or adoptive parent of a minor biological sibling, make at least one verbal contact and notify him or her of the following:

SB695,5,3 3. The fact that the birth parent, adult biological sibling, or adoptive parent of a minor biological sibling has the right to file with the department the affidavit under sub. (2) or (8r) (b).

SB695,5,8 (b) Within 3 working days after contacting a birth parent, adult biological sibling, or adoptive parent of a minor biological sibling, the department, or agency contracted with under sub. (11), shall send the birth parent, adult biological sibling, or adoptive parent of a minor biological sibling a written copy of the information specified under par. (a) and a blank copy of the appropriate affidavit.

SB695,5,11 (c) If the birth parent, adult biological sibling, or adoptive parent of a minor biological sibling files the affidavit, the department, or agency contracted with under sub. (11), shall disclose the requested information if permitted under sub. (5) or (8r).

SB695,5,16 (d) If the department or an agency has contacted a birth parent , adult biological sibling, or adoptive parent of a minor biological sibling under this subsection, and the birth parent, adult biological sibling, or adoptive parent of a minor biological sibling does not file the affidavit, the department may not disclose the requested information.

SB695,5,20 (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).

SB695,6,2 (f) The department or agency conducting a search under this subsection may not contact a birth parent, adult biological sibling, or adoptive parent of a minor biological sibling 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 , adult biological sibling, or adoptive parent of a minor biological sibling 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.

SB695,12 Section 12 . 48.433 (8) (a) of the statutes is amended to read:

SB695,6,12 48.433 (8) (a) If a birth parent is known to be deceased, the department, or agency contracted with under sub. (11), shall so inform the requester. The department or agency shall provide the requester with the identity of the deceased parent. If both birth parents are known to be deceased, the department or agency shall provide the requester with his or her original birth certificate. If only one birth parent is known to be deceased, the department or agency shall provide the requester with his or her original birth certificate and any available information it has on file regarding the identity and location of the other birth parent if the other birth parent has filed an unrevoked affidavit under sub. (2).

SB695,13 Section 13 . 48.433 (8) (b) of the statutes is amended to read:

SB695,6,17 48.433 (8) (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.

SB695,14 Section 14 . 48.433 (8m) of the statutes is amended to read:

SB695,6,22 48.433 (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.

SB695,15 Section 15 . 48.433 (8r) (b) of the statutes is renumbered 48.433 (8r) (b) (intro.) and amended to read:

SB695,7,9 48.433 (8r) (b) (intro.) Any person 18 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, of the following may file with the department, or agency contracted with under sub. (11), an affidavit authorizing the department or agency to provide the person's birth parent with any available release information about the his or her identity and location of the person. An affidavit filed under this subsection may be revoked at any time by notifying the department or agency in writing. in accordance with this section:

SB695,16 Section 16 . 48.433 (8r) (b) 1. and 2. of the statutes are created to read:

SB695,7,13 48.433 (8r) (b) 1. An adult 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 parents before February 1, 1982.

SB695,7,15 2. An adoptive parent of a minor child whose birth parent's rights have been terminated in this state.

SB695,17 Section 17 . 48.433 (8r) (bm) of the statutes is created to read:

SB695,7,18 48.433 (8r) (bm) An affidavit filed under this subsection may be revoked at any time by notifying the department or agency in writing.

SB695,18 Section 18. 48.433 (8r) (c) (intro.) of the statutes is created to read:

SB695,7,22 48.433 (8r) (c) (intro.) With respect to an individual who has filed an affidavit under par. (b), any of the following requests for information may be submitted to the department or agency:

SB695,19 Section 19 . 48.433 (8r) (c) of the statutes is renumbered 48.433 (8r) (c) 1. and amended to read:

SB695,8,7 48.433 (8r) (c) 1. 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 request the department, or agency contracted with under sub. (11), to provide him or her with any available information about the identity and location of any person 18 years of age or over adult who was or may have been his or her child. Before acting on the request, the department or agency shall require the requester to provide adequate identification.

SB695,20 Section 20 . 48.433 (8r) (cm) 2. and 3. of the statutes are created to read:

SB695,8,13 48.433 (8r) (cm) 2. Any adult who is or may be the biological sibling of a person whose birth parent's rights have been terminated or who was adopted in this state may request any available information about the identity and location of any adult who is or may be the requester's biological sibling or of the adoptive parent of a minor child who is or may be the requester's biological sibling.

SB695,8,17 3. The parent, guardian, or legal custodian of a minor child may request any available information about the identity and location of any adult who is or may be the biological sibling of the requester's minor child or of the adoptive parent of a minor child who is or may be a biological sibling of the requester's minor child.

SB695,21 Section 21 . 48.433 (8r) (d) of the statutes is amended to read:

SB695,9,2 48.433 (8r) (d) If the department, or agency contracted with under sub. (11), has on file an unrevoked affidavit filed under par. (a) (b) by a person 18 years of age or over who was or may have been a child of the requester, the department or agency shall disclose the information requested under par. (b) (c) related to the person who filed the affidavit. Before acting on a request under this subsection, the department or agency shall require the requester to provide adequate identification. In disclosing information under this paragraph, the department or agency may not disclose any information that would reveal the identity or location of a birth parent other than the a birth parent who is requesting the information.

SB695,22 Section 22 . 48.433 (8r) (e) of the statutes is created to read:

SB695,9,9 48.433 (8r) (e) 1. If the department or agency does not have on file an affidavit from any person described in a request for information under par. (c) 2. or 3., it shall, within 3 months after the date of the request, undertake a diligent search for any adult biological sibling or adoptive parent of a minor biological sibling. 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.

SB695,9,13 2. Employees of the department and any agency conducting a search under this subsection may not inform any person other than the adult birth sibling of the requester or the adoptive parent of a minor biological sibling of the requester of the purpose of the search.

SB695,9,16 3. Upon locating an adult biological sibling or the adoptive parent of a minor biological sibling, the department or agency shall follow the procedure described under sub. (7).