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.

AB625,2 Section 2 . 48.433 (title) of the statutes is amended to read:

AB625,2,13 48.433 (title) Access to identifying information about parents and biological siblings.

AB625,3 Section 3 . 48.433 (1) (a) of the statutes is amended to read:

AB625,3,3 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).

AB625,4 Section 4. 48.433 (1) (am) of the statutes is created to read:

AB625,3,6 48.433 (1) (am) “Biological sibling” means a person with whom an individual shares at least one birth parent.

AB625,5 Section 5 . 48.433 (2) of the statutes is amended to read:

AB625,3,15 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.

AB625,6 Section 6 . 48.433 (3) (intro.) of the statutes is amended to read:

AB625,3,21 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:

AB625,7 Section 7 . 48.433 (5) (intro.) of the statutes is amended to read:

AB625,3,24 48.433 (5) (intro.) The department, or agency contracted with under sub. (11), shall disclose the requested information in either of the following circumstances:

AB625,8 Section 8 . 48.433 (5) (a) of the statutes is amended to read:

AB625,4,2 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.

AB625,9 Section 9 . 48.433 (6) (a) of the statutes is amended to read:

AB625,4,10 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.

AB625,10 Section 10 . 48.433 (6) (d) of the statutes is amended to read:

AB625,4,17 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.

AB625,11 Section 11 . 48.433 (7) (a) (intro.) and 3., (b), (c), (d), (e) and (f) of the statutes are amended to read:

AB625,4,23 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:

AB625,5,3 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).