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LRB-5294/1
EAW:kjf
2019 - 2020 LEGISLATURE
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 1An Act to renumber and amend 48.433 (8r) (b) and 48.433 (8r) (c); to amend
220.437 (1) (jj), 48.433 (title), 48.433 (1) (a), 48.433 (2), 48.433 (3) (intro.), 48.433
3(5) (intro.), 48.433 (5) (a), 48.433 (6) (a), 48.433 (6) (d), 48.433 (7) (a) (intro.) and
43., (b), (c), (d), (e) and (f), 48.433 (8) (a), 48.433 (8) (b), 48.433 (8m), 48.433 (8r)
5(d) and 48.433 (11); and to create 48.433 (1) (am), 48.433 (8r) (b) 1. and 2.,
648.433 (8r) (bm), 48.433 (8r) (c) (intro.), 48.433 (8r) (cm) 2. and 3. and 48.433 (8r)
7(e) of the statutes; relating to: searching for a biological sibling who has been
8adopted, 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 1Section 1 . 20.437 (1) (jj) of the statutes is amended to read:
SB695,2,102 20.437 (1) (jj) Searches for birth parents, siblings, and adoption record
3information; foreign adoptions.
The amounts in the schedule for paying the cost of
4searches for birth parents under ss. 48.432 (4) and 48.433 (6) and for biological
5siblings under s. 48.433 (8r)
and for paying the costs of reviewing, certifying and
6approving foreign adoption documents under s. 48.838 (2) and (3). All moneys
7received as fees paid by persons requesting a search under s. 48.432 (3) (c) or (4),
848.433 (6) or (8r) (e), or 48.93 (1r) and paid by persons for the review, certification and
9approval of foreign adoption documents under s. 48.838 (2) and (3) shall be credited
10to this appropriation.
SB695,2 11Section 2 . 48.433 (title) of the statutes is amended to read:
SB695,2,13 1248.433 (title) Access to identifying information about parents and
13biological siblings
.
SB695,3 14Section 3 . 48.433 (1) (a) of the statutes is amended to read:
SB695,3,3
148.433 (1) (a) “Agency" has the meaning given under s. 48.432 (1) (ag) means
2a county department or a licensed child welfare agency that the department
3contracts with under sub. (11)
.
SB695,4 4Section 4. 48.433 (1) (am) of the statutes is created to read:
SB695,3,65 48.433 (1) (am) “Biological sibling” means a person with whom an individual
6shares at least one birth parent.
SB695,5 7Section 5 . 48.433 (2) of the statutes is amended to read:
SB695,3,158 48.433 (2) Any birth parent whose rights have been terminated in this state
9at any time, or who has consented to the adoption of his or her child in this state
10before February 1, 1982, may file an affidavit with the department, or agency
11contracted with under sub. (11), an affidavit authorizing the department or agency
12to provide the child with his or her original birth certificate and with any other
13available information about the birth parent's identity and location. An affidavit
14filed under this subsection may be revoked at any time by notifying the department
15or agency in writing.
SB695,6 16Section 6 . 48.433 (3) (intro.) of the statutes is amended to read:
SB695,3,2117 48.433 (3) (intro.) Any person 18 years of age or over adult whose birth parent's
18rights have been terminated in this state or who has been adopted in this state with
19the consent of his or her birth parent or parents before February 1, 1982, may request
20the department, or agency contracted with under sub. (11), to provide the person with
21the following:
SB695,7 22Section 7 . 48.433 (5) (intro.) of the statutes is amended to read:
SB695,3,2423 48.433 (5) (intro.) The department, or agency contracted with under sub. (11),
24shall disclose the requested information in either of the following circumstances:
SB695,8 25Section 8 . 48.433 (5) (a) of the statutes is amended to read:
SB695,4,2
148.433 (5) (a) The department, or agency contracted with under sub. (11), has
2on file unrevoked affidavits filed under sub. (2) from both birth parents.
SB695,9 3Section 9 . 48.433 (6) (a) of the statutes is amended to read:
SB695,4,104 48.433 (6) (a) If the department, or agency contracted with under sub. (11), does
5not have on file an affidavit from each known birth parent, it shall, within 3 months
6after the date of the original request, undertake a diligent search for each birth
7parent who has not filed an affidavit. The search shall be completed within 6 months
8after the date of the request, unless the search falls within one of the exceptions
9established by the department by rule. If any information has been provided under
10sub. (5), the department or agency is not required to conduct a search.
SB695,10 11Section 10 . 48.433 (6) (d) of the statutes is amended to read:
SB695,4,1712 48.433 (6) (d) The department, or agency contracted with under sub. (11), shall
13charge the requester a reasonable fee for the cost of the search. When the
14department or agency determines that the fee will exceed $100 for either birth
15parent, it shall notify the requester. No fee in excess of $100 per birth parent may
16be charged unless the requester, after receiving notification under this paragraph,
17has given consent to proceed with the search.
SB695,11 18Section 11 . 48.433 (7) (a) (intro.) and 3., (b), (c), (d), (e) and (f) of the statutes
19are amended to read:
SB695,4,2320 48.433 (7) (a) (intro.) The department or agency conducting the search shall,
21upon locating a birth parent, adult biological sibling, or adoptive parent of a minor
22biological sibling,
make at least one verbal contact and notify him or her of the
23following:
SB695,5,3
13. The fact that the birth parent, adult biological sibling, or adoptive parent of
2a minor biological sibling
has the right to file with the department the affidavit under
3sub. (2) or (8r) (b).
SB695,5,84 (b) Within 3 working days after contacting a birth parent, adult biological
5sibling, or adoptive parent of a minor biological sibling
, the department, or agency
6contracted with under sub. (11), shall send the birth parent, adult biological sibling,
7or adoptive parent of a minor biological sibling
a written copy of the information
8specified under par. (a) and a blank copy of the appropriate affidavit.
SB695,5,119 (c) If the birth parent, adult biological sibling, or adoptive parent of a minor
10biological sibling
files the affidavit, the department, or agency contracted with under
11sub. (11),
shall disclose the requested information if permitted under sub. (5) or (8r).
SB695,5,1612 (d) If the department or an agency has contacted a birth parent , adult biological
13sibling, or adoptive parent of a minor biological sibling
under this subsection, and the
14birth parent, adult biological sibling, or adoptive parent of a minor biological sibling
15does not file the affidavit, the department may not disclose the requested
16information.
SB695,5,2017 (e) If, after a search under this subsection, a known birth parent cannot be
18located, the department, or agency contracted with under sub. (11), may disclose the
19requested information if the other birth parent has filed an unrevoked affidavit
20under sub. (2).
SB695,6,221 (f) The department or agency conducting a search under this subsection may
22not contact a birth parent, adult biological sibling, or adoptive parent of a minor
23biological sibling
again on behalf of the same requester until at least 12 months after
24the date of the previous contact. Further contacts with a birth parent , adult
25biological sibling, or adoptive parent of a minor biological sibling
under this

1subsection on behalf of the same requester may be made only if 5 years have elapsed
2since the date of the last contact.
SB695,12 3Section 12 . 48.433 (8) (a) of the statutes is amended to read:
SB695,6,124 48.433 (8) (a) If a birth parent is known to be deceased, the department, or
5agency contracted with under sub. (11), shall so inform the requester. The
6department or agency shall provide the requester with the identity of the deceased
7parent. If both birth parents are known to be deceased, the department or agency
8shall provide the requester with his or her original birth certificate. If only one birth
9parent is known to be deceased, the department or agency shall provide the requester
10with his or her original birth certificate and any available information it has on file
11regarding the identity and location of the other birth parent if the other birth parent
12has filed an unrevoked affidavit under sub. (2).
SB695,13 13Section 13 . 48.433 (8) (b) of the statutes is amended to read:
SB695,6,1714 48.433 (8) (b) If a birth parent is known to be dead, the department, or agency
15contracted with under sub. (11), in addition to the information provided under par.
16(a), shall provide the requester with any nonidentifying social history information
17about the deceased parent on file with the department or agency.
SB695,14 18Section 14 . 48.433 (8m) of the statutes is amended to read:
SB695,6,2219 48.433 (8m) If the department, or agency contracted with under sub. (11), may
20not disclose the information requested under this section, it shall provide the
21requester with any nonidentifying social history information about either of the
22birth parents that it has on file.
SB695,15 23Section 15 . 48.433 (8r) (b) of the statutes is renumbered 48.433 (8r) (b) (intro.)
24and amended to read:
SB695,7,9
148.433 (8r) (b) (intro.) Any person 18 years of age or over whose birth parent's
2rights have been terminated in this state or who has been adopted in this state with
3the consent of his or her birth parent or parents before February 1, 1982,
of the
4following
may file with the department, or agency contracted with under sub. (11),
5an affidavit authorizing the department or agency to provide the person's birth
6parent with any available
release information about the his or her identity and
7location of the person. An affidavit filed under this subsection may be revoked at any
8time by notifying the department or agency in writing.
in accordance with this
9section:
SB695,16 10Section 16 . 48.433 (8r) (b) 1. and 2. of the statutes are created to read:
SB695,7,1311 48.433 (8r) (b) 1. An adult whose birth parent's rights have been terminated
12in this state or who has been adopted in this state with the consent of his or her birth
13parents before February 1, 1982.
SB695,7,1514 2. An adoptive parent of a minor child whose birth parent's rights have been
15terminated in this state.
SB695,17 16Section 17 . 48.433 (8r) (bm) of the statutes is created to read:
SB695,7,1817 48.433 (8r) (bm) An affidavit filed under this subsection may be revoked at any
18time by notifying the department or agency in writing.
SB695,18 19Section 18. 48.433 (8r) (c) (intro.) of the statutes is created to read:
SB695,7,2220 48.433 (8r) (c) (intro.) With respect to an individual who has filed an affidavit
21under par. (b), any of the following requests for information may be submitted to the
22department or agency:
SB695,19 23Section 19 . 48.433 (8r) (c) of the statutes is renumbered 48.433 (8r) (c) 1. and
24amended to read:
SB695,8,7
148.433 (8r) (c) 1. Any birth parent whose rights have been terminated in this
2state at any time, or who has consented to the adoption of his or her child in this state
3before February 1, 1982, may request the department, or agency contracted with
4under sub. (11), to provide him or her with
any available information about the
5identity and location of any person 18 years of age or over adult who was or may have
6been his or her child. Before acting on the request, the department or agency shall
7require the requester to provide adequate identification.
SB695,20 8Section 20 . 48.433 (8r) (cm) 2. and 3. of the statutes are created to read:
SB695,8,139 48.433 (8r) (cm) 2. Any adult who is or may be the biological sibling of a person
10whose birth parent's rights have been terminated or who was adopted in this state
11may request any available information about the identity and location of any adult
12who is or may be the requester's biological sibling or of the adoptive parent of a minor
13child who is or may be the requester's biological sibling.
SB695,8,1714 3. The parent, guardian, or legal custodian of a minor child may request any
15available information about the identity and location of any adult who is or may be
16the biological sibling of the requester's minor child or of the adoptive parent of a
17minor child who is or may be a biological sibling of the requester's minor child.
SB695,21 18Section 21 . 48.433 (8r) (d) of the statutes is amended to read:
SB695,9,219 48.433 (8r) (d) If the department, or agency contracted with under sub. (11),
20has on file an unrevoked affidavit filed under par. (a) (b) by a person 18 years of age
21or over who was or may have been a child of the requester
, the department or agency
22shall disclose the information requested under par. (b) (c) related to the person who
23filed the affidavit. Before acting on a request under this subsection, the department
24or agency shall require the requester to provide adequate identification.
In
25disclosing information under this paragraph, the department or agency may not

1disclose any information that would reveal the identity or location of a birth parent
2other than the a birth parent who is requesting the information.
SB695,22 3Section 22 . 48.433 (8r) (e) of the statutes is created to read:
SB695,9,94 48.433 (8r) (e) 1. If the department or agency does not have on file an affidavit
5from any person described in a request for information under par. (c) 2. or 3., it shall,
6within 3 months after the date of the request, undertake a diligent search for any
7adult biological sibling or adoptive parent of a minor biological sibling. The search
8shall be completed within 6 months after the date of the request, unless the search
9falls within one of the exceptions established by the department by rule.
SB695,9,1310 2. Employees of the department and any agency conducting a search under this
11subsection may not inform any person other than the adult birth sibling of the
12requester or the adoptive parent of a minor biological sibling of the requester of the
13purpose of the search.
SB695,9,1614 3. Upon locating an adult biological sibling or the adoptive parent of a minor
15biological sibling, the department or agency shall follow the procedure described
16under sub. (7).
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