LRB-4667/1

EAW:kjf

2019 - 2020 LEGISLATURE

2019 Assembly BILL 625

November 21, 2019 - Introduced by Representatives L. Myers, Considine, Crowley, Doyle, Subeck, Zamarripa, C. Taylor, Sinicki, Sargent, Neubauer, Hebl, Emerson, Brostoff, Bowen, Billings and Anderson, cosponsored by Senators Smith, Bewley, Wirch and Larson. Referred to Committee on Family Law.

AB625,1,8 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:

AB625,1 Section 1 . 20.437 (1) (jj) of the statutes is amended to read:

AB625,2,10 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.