Chapter DCF 53

Chapter DCF 53

ADOPTION INFORMATION SEARCH AND DISCLOSURE

DCF 53.01   Introduction.

DCF 53.02   Provision of adoption search program information.

DCF 53.03   Centralized birth record file.

DCF 53.04   Department and agency responsibilities.

DCF 53.05   Adoption searches.

DCF 53.06   Release of adoption information.

DCF 53.07   Adoption records.

DCF 53.08   Complaints.

Ch. DCF 53 Note Note: Chapter HSS 53 was created by emergency rule effective December 14, 1982. Chapter HSS 53 was renumbered chapter HFS 53 under s. 13.93 (2m) (b) 1., Stats., and corrections made under s. 13.93 (2m) (b) 6. and 7., Stats., Register, June, 1999, No. 522. Chapter HFS 53 was renumbered to chapter DCF 53 under s. 13.92 (4) (b) 1., Stats., Register November 2008 No. 635.

DCF 53.01 DCF 53.01 Introduction.

DCF 53.01(1) (1) This chapter is promulgated under the authority of ss. 48.432 (9) and 48.433 (11), Stats., to establish procedures for the way in which searches for information about adopted persons and birth parents are carried out, access is permitted to medical and genetic information and to information about birth parent identity and location, and information is recorded and reported to the department by adoption agencies and courts when parental rights are terminated. This chapter also establishes procedures to ensure sensitive treatment of adopted persons, birth parents, adoptive parents, agencies and all others who may be affected by the search for and disclosure of medical and genetic information about adopted persons and birth parents and about birth parent identity and location.

DCF 53.01(2) (2) Definitions. As used in this chapter:

DCF 53.01(2)(a) (a) “Adopted person” means a person whose birth parents have had their parental rights terminated in this state at any time or who has been adopted in this state with the consent of his or her birth parent or parents before February 1, 1982.

DCF 53.01(2)(b) (b) “Adoption record information” means all records that the department or agency has accumulated pertaining to the termination of parental rights, the development of an adoption case plan and the supervision and monitoring of an adoption placement, including the adoptive home study, birth parent and family records, foster home placement records, planning card files and adoptive placement materials.

DCF 53.01(2)(c) (c) “Adoption search” means the functions and activities of department or agency staff carried out to locate specific birth parents, birth parent relatives or other persons or agencies who could assist in locating birth parents, for the purpose of obtaining medical and genetic information or birth parent identity and location information.

DCF 53.01(2)(d) (d) “Adoption search program” means the department program responsible for either conducting searches or delegating responsibility to agencies to conduct searches for medical and genetic information and birth parent identity and location on behalf of persons specified under ss. 48.432 (3) (a) and 48.433 (3) (b), Stats.

DCF 53.01(2)(e) (e) “Affidavit” means a sworn written statement from a birth parent giving the department authorization to release that birth parent’s identity and location to the requesting adopted person who is at least 21 years of age.

DCF 53.01(2)(f) (f) “Agency” means a county agency providing child welfare services under s. 48.56 (1), Stats., or a child-placing agency licensed under s. 48.60, Stats.

DCF 53.01(2)(g) (g) “Birth parent” means either the mother designated on the adopted person’s original birth certificate or the adjudicated father or, if there is no adjudicated father, the husband of the mother at the time of the adopted person’s conception, birth or subsequent legitimation, whose rights to the adopted person have been terminated in this state or who consented to the adoption of his or her child before February 1, 1982.

DCF 53.01(2)(h) (h) “Birth relatives” means the adopted person’s birth parents, grandparents, aunts, uncles, brothers and sisters.

DCF 53.01(2)(i) (i) “Centralized birth record file” means the file established by the department containing affidavits, medical and genetic information, birth parent identity and location and other information received by the department which pertains to the birth family and the adopted person.

DCF 53.01(2)(j) (j) “Department” means the Wisconsin department of children and families.

DCF 53.01(2)(k) (k) “Fee for service” means the charge made by the department or agency to the requester for the cost of an adoption search for birth parents in order to obtain medical and genetic information and birth parent identity and location, as required under ss. 48.432 (4) (d) and 48.433 (6) (d), Stats.

DCF 53.01(2)(L) (L) “Identifying information” means any information which discloses the name, location or identity of a birth parent.

DCF 53.01(2)(m) (m) “Medical and genetic information” means any available medical, genetic, psychiatric or psychological history of the adopted person’s birth parents and the adopted person’s other birth relatives and is not limited to information contained in the medical record as defined in s. 48.425 (1) (am), Stats.

DCF 53.01(2)(n) (n) “Medical emergency” means a situation in which a licensed physician has determined that the life or health of the adopted person is in imminent danger or that treatment without the medical and genetic information could be injurious to the adopted person’s health.

DCF 53.01(2)(o) (o) “Nonidentifying social history information” has the meaning prescribed in s. 48.02 (12m), Stats.

DCF 53.01(2)(p) (p) “Program information” means information about the adoption search program which the department provides to requesters, agencies, courts and the general public, except that it does not include adoption record information.

DCF 53.01(2)(q) (q) “Requester” means a person specified in s. 48.432 (3) (a), Stats., who is seeking medical and genetic information, or a person specified in s. 48.433 (3), Stats., who wants his or her original birth certificate or is seeking information about birth parent identity and location.

DCF 53.01(2)(r) (r) “Sibling” means a brother or sister having at least one birth parent in common with the adopted person.

DCF 53.01 History History: Cr. Register, October, 1984, No. 346, eff. 11-1-84; am. (1), (2) (a), (e), (g), (h), (i), (m), (n) and (r), Register, January, 1993, No. 445, eff. 2-1-93; correction in (2) (j) made under s. 13.92 (4) (b) 6., Stats., Register November 2008 No. 635.

DCF 53.02 DCF 53.02 Provision of adoption search program information. The department shall provide information about the adoption search program to courts, agencies, requesters and the general public as required under this section.

DCF 53.02(1) (1) Provision of program information to requesters.

DCF 53.02(1)(a) (a) Program information shall be sent to requesters within 14 days after receiving written or oral inquiry for this material; and

DCF 53.02(1)(b) (b) Information regarding additional provisions under the Indian Child Welfare Act shall be provided to all applicable requesters.

DCF 53.02(2) (2) Provision of program information to agencies and courts.

DCF 53.02(2)(a) (a) The department shall provide agencies and courts with a recommended standard format and procedures for use in obtaining information from birth parents prior to the termination of parental rights and for reporting this information to the department.

DCF 53.02(2)(b) (b) The department shall provide agencies and courts with a model medical record form and periodically revise the form as increased medical and genetic knowledge dictates.

DCF 53.02(2)(c) (c) The department shall provide information to the courts and agencies regarding their responsibilities under Wisconsin statutes concerning medical and genetic information about adopted persons, information about birth parent identity and location and non-identifying social history information.

DCF 53.02(2)(d) (d) The department shall provide or arrange for assistance and consultation to agencies and courts regarding the centralized birth record file and the adoption search program.

DCF 53.02 Note Note: Requests for forms, procedures and consultation should be sent to: Adoption Records Search Program, Division of Safety and Permanence, P.O. Box 8916, Madison, WI 53708-8916.

DCF 53.02 History History: Cr. Register, October, 1984, No. 346, eff. 11-1-84; am. (2) (c), Register, January, 1993, No. 445, eff. 2-1-93.

DCF 53.03 DCF 53.03 Centralized birth record file.

DCF 53.03(1) (1) General. The department’s adoption search program shall establish, organize, and maintain a centralized birth record file and shall control disclosure of information from the file in accordance with s. DCF 53.06.

DCF 53.03(2) (2) Organization of the centralized file. The centralized file shall be organized to consist of individual files containing:

DCF 53.03(2)(a) (a) Information received in the course of administering ss. 48.432 and 48.433, Stats.;

DCF 53.03(2)(b) (b) Medical and genetic information and birth parent identity and location information received from the courts for each adopted person whose birth parent’s or parents’ rights were terminated on or after May 7, 1982;

DCF 53.03(2)(c) (c) Relevant updated medical or genetic information about the adopted person and the adopted person’s birth relatives received from any birth parent or agency;

DCF 53.03(2)(d) (d) Reports from physicians which state that an adopted person, birth parent or sibling has or may have a genetically transferable disease;

DCF 53.03(2)(e) (e) Affidavits or revocations of affidavits received from any birth parent; and

DCF 53.03(2)(f) (f) Any other relevant information received about the adopted person or birth relatives.

DCF 53.03(3) (3) Information from courts. When a petition for termination of parental rights is granted, the court shall provide the adoptive parents with a copy of the adopted person’s medical record and other information as required under s. 48.93 (1g), Stats., and shall ensure that the following information is submitted to the department for inclusion in the centralized file:

DCF 53.03(3)(a) (a) Information listed in the department’s model court report form;

DCF 53.03(3)(b) (b) Medical and genetic history of the birth parents and any medical and genetic information furnished by the birth parents about the adopted person’s other birth relatives obtained under s. 48.422 (9) or 48.425 (1) (am) or (2), Stats.; and

DCF 53.03(3)(c) (c) Any current reports on birth parent medical examinations, information on the adopted person’s prenatal care and medical condition of the adopted person at birth.

DCF 53.03 History History: Cr. Register, October, 1984, No. 346, eff. 11-1-84; am. (2) (b) to (d), (f), (3) (intro.), (b) and (c), Register, January, 1993, No. 445, eff. 2-1-93; correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635.

DCF 53.04 DCF 53.04 Department and agency responsibilities. An effective and responsible adoption search program depends on a cooperative working relationship between the department and agencies and a clear delineation of their respective responsibilities as specific under this section.

DCF 53.04(1) (1) Department responsibilities.

DCF 53.04(1)(a) (a) The department shall diligently conduct adoption searches in accordance with ss. 48.432 (4) (b) and 48.433 (6) (a), Stats., when specifically requested to conduct a search or when a request is received but no existing agency provided services for the adoption or the agency that provided adoption services does not have a current interagency agreement with the department under par. (b).

DCF 53.04(1)(b) (b) The department may delegate authority granted under ss. 48.432 and 48.433, Stats., to an agency to conduct adoption searches but only through a written interagency agreement signed by authorized representatives of the department and the agency. The department shall monitor adoption searches conducted by the agency.

DCF 53.04(1)(c) (c) The department shall, upon request, provide adoption search assistance to the agency conducting a search under the interagency agreement in accordance with specific provisions of the interagency agreement.

DCF 53.04(2) (2) Agency responsibilities.

DCF 53.04(2)(a) (a) Agencies shall direct all requests for adoption searches that they receive to the department for processing, except as provided by court order. At no time may an agency act on its own in providing requesters with adoption information except under the terms and conditions of an interagency agreement, as allowed by s. 48.432 (7), Stats., in response to a court order or if the information is already on file and disclosure is allowed by s. 48.93 (1r), Stats.

DCF 53.04(2)(b) (b) All agencies shall make adoption record information available to department staff conducting searches and cooperate in searches upon request of the department as specified in s. 48.432 (4) (b), Stats., s. DCF 54.05 (1) and this chapter.

DCF 53.04(2)(c) (c) When a petition for termination of parental rights is filed with a court, the agency required under s. 48.425 (1), Stats., or directed by the court under s. 48.425 (3), Stats., to file a report with the court shall prepare a medical record on the child for the court on a form provided by the department within 60 days of the petition for termination of parental rights.

DCF 53.04(2)(d) (d) Agencies operating under an interagency agreement shall diligently conduct adoption searches, except when the requester specifies that he or she prefers that the department conduct the search.

DCF 53.04(2)(e) (e) When any agency is asked to disclose information from a record of final adoption, the agency may disclose the information only as allowed under ss. 48.432, 48.433 and 48.93 (1r), Stats., and s. DCF 53.06.

DCF 53.04 History History: Cr. Register, October, 1984, No. 346, eff. 11-1-84; correction in (2) (b) made under s. 13.93 (2m) (b) 7., Stats., Register, June, 2001, No. 546; corrections in (2) (b) and (e) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635.

DCF 53.05 DCF 53.05 Adoption searches.