(Part 1) (Part 2) (PART
3) (PART 4) (PART 5)
48.825 - ANNOT.
NOTE: 1997 Wis. Act 104, which affected this section, contains explanatory notes.
48.83
48.83 Jurisdiction and venue.
48.83(1)
(1) The court of the county where the proposed adoptive parent or child resides, upon the filing of a petition for adoption or for the adoptive placement
of a child, has jurisdiction over the child until the petition is withdrawn, denied or granted. Venue shall be in the county where the proposed adoptive
parent or child resides at the time the petition is filed. The court may transfer the case to a court in the county in which the proposed adoptive parents
reside.
48.83(2)
(2) If the adoption is denied, jurisdiction over the child shall immediately revert to the court which appointed the guardian, unless the appointing court
is a court of another state or foreign jurisdiction, in which case the court of the county where the child is shall have jurisdiction.
48.83 - ANNOT.
History: 1975 c. 39; 1977 c. 449 s. 497; 1981 c. 81, 391; 1989 a. 161.
48.831
48.831 Appointment of guardian for child without a living parent for adoptability finding.
48.831(1)
(1) Type of guardianship. This section may be used for the appointment of a guardian of a child who does not have a living parent if a finding as to the
adoptability of a child is sought. Except as provided in ss. 48.977 and 48.978, ch. 880 applies to the appointment of a guardian for a child who does not
have a living parent for all other purposes. An appointment of a guardian of the estate of a child who does not have a living parent shall be conducted
in accordance with the procedures specified in ch. 880.
48.831(1m)
(1m) Petition. Any of the following may file a petition for appointment of a guardian for a child who is believed to be in need of protection or services
because he or she is without a living parent as described under s. 48.13 (1):
48.831(1m)(a)
(a) The department.
48.831(1m)(b)
(b) A county department.
48.831(1m)(c)
(c) A child welfare agency licensed under s. 48.61 (5) to accept guardianship.
48.831(1m)(d)
(d) A relative or family member of the child or a person whom the child has resided with and who has also acted as a parent of the child.
48.831(1m)(e)
(e) A guardian appointed under ch. 880 whose resignation as guardian has been accepted by a court under s. 880.17 (1).
48.831(2)
(2) Report. If the department, county department or child welfare agency files a petition, it shall submit a report to the court containing as much of the
information specified under s. 48.425 (1) (a) and (am) as is reasonably ascertainable and, if applicable, the information specified under s. 48.425 (1)
(g). If the petition is filed by a relative or other person specified under sub. (1m) (d), the court shall order the department or a child welfare agency,
if the department or agency consents, or a county department to file a report containing the information specified in this subsection. The department, county
department or child welfare agency shall file the report at least 5 days before the date of the fact-finding hearing on the petition.
48.831(3)
(3) Fact-finding hearing. The court shall hold a fact-finding hearing on the petition, at which any party may present evidence relevant to the issue of
whether the child has a living parent. If the court finds that the child has a living parent, the court shall dismiss the petition or grant the petitioner
leave to amend the petition to a petition under s. 48.42 (1).
48.831(4)
(4) Dispositional hearing.
48.831(4)(a)
(a) If the court, at the conclusion of the fact-finding hearing, finds that the child has no living parent, the court shall proceed to a dispositional hearing.
Any party may present evidence, including expert testimony, relevant to the issue of disposition. In determining the appropriate disposition, the court
shall consider any factors under s. 48.426 (3) (a) to (d) that are applicable.
48.831(4)(b)
(b) If the court finds that adoption is in the child's best interest, the court shall order that the child be placed in the guardianship and custody of
one of the following:
48.831(4)(b)1.
1. A county department authorized to accept guardianship under s. 48.57 (1) (e) or (hm).
48.831(4)(b)2.
2. A child welfare agency licensed under s. 48.61 (5) to accept guardianship.
48.831(4)(b)3.
3. The department.
48.831(4)(c)
(c) If the court finds that adoption is not in the child's best interest, the court shall order that the child be placed in the guardianship of the department
and place the child in the custody of a county department or, in a county having a population of 500,000 or more, the department or an agency under contract
with the department.
48.831(4)(d)
(d) Section 48.43 (5), (5m) and (7) applies to orders under pars. (b) and (c).
48.831(4)(e)
(e) The court shall order the custodian appointed under par. (b) or (c) to prepare a permanency plan under s. 48.38 for the child within 60 days after the
date of the order. A permanency plan ordered under this paragraph is subject to review under s. 48.38 (5). In preparing a permanency plan, the department,
county department or child welfare agency need not include any information specified in s. 48.38 (4) that relates to the child's parents or returning the
child to his or her home. In reviewing a permanency plan, a court or panel need not make any determination under s. 48.38 (5) (c) that relates to the child's
parents or returning the child to his or her home.
48.831 - ANNOT.
History: 1989 a. 161; 1995 a. 73, 275; 1997 a. 27, 334.
48.832
48.832 Transfer of guardianship upon revocation of guardian's license or contract. If the department revokes the license of a county department licensed
under s. 48.57 (1) (hm) to accept guardianship, or of a child welfare agency licensed under s. 48.61 (5) to accept guardianship, or if the department terminates
the contract of a county department licensed under s. 48.57 (1) (e) to accept guardianship, the department shall file a motion in the court that appointed
the guardian for each child in the guardianship of the county department or agency, requesting that the court transfer guardianship and custody of the child.
The motion may specify a county department or child welfare agency that has consented to accept guardianship of the child. The court shall transfer guardianship
and custody of the child either to the county department or child welfare agency specified in the motion or to another county department under s. 48.57
(1) (e) or (hm) or a child welfare agency under s. 48.61 (5) which consents to the transfer. If no county department or child welfare agency consents, the
court shall transfer guardianship and custody of the child to the department.
48.832 - ANNOT.
History: 1989 a. 161; 1997 a. 27.
48.833
48.833 Placement of children for adoption by the department, county departments and child welfare agencies. The department, a county department under s.
48.57 (1) (e) or (hm) or a child welfare agency licensed under s. 48.60 may place a child for adoption in a licensed foster home or a licensed treatment
foster home without a court order if the department, county department under s. 48.57 (1) (e) or (hm) or the child welfare agency is the guardian of the
child or makes the placement at the request of another agency which is the guardian of the child. Before placing a child for adoption under this section,
the department, county department or child welfare agency making the placement shall consider the availability of a placement for adoption with a relative
of the child who is identified in the child's permanency plan under s. 48.38 or 938.38 or who is otherwise known by the department, county department or
child welfare agency. When a child is placed under this section in a licensed foster home or a licensed treatment foster home for adoption, the department,
county department or child welfare agency making the placement shall enter into a written agreement with the adoptive parent, which shall state the date
on which the child is placed in the licensed foster home or licensed treatment foster home for adoption by the adoptive parent.
48.833 - ANNOT.
History: 1981 c. 81, 384; 1985 a. 176; 1989 a. 336; 1993 a. 446; 1995 a. 275.
48.835
48.835 Placement of children with relatives for adoption.
48.835(1)
(1) Definition. In this section and s. 48.837, "custody" means physical custody of a child by the child's parent not in violation of a custody
order issued by a court. "Custody" does not include physical custody of a child during a period of physical placement with a parent who does not
have legal custody of the child.
48.835(2)
(2) Adoptive placement. A parent having custody of a child may place the child for adoption in the home of a relative of the child without a court order.
48.835(3)
(3) Petition for termination of parental rights required; exception.
48.835(3)(a)
(a) If the child's parent has not filed a petition for the termination of parental rights under s. 48.42, the relative with whom the child is placed shall
file a petition for the termination of the parents' rights at the same time the petition for adoption is filed, except as provided under par. (b).
48.835(3)(b)
(b) If the person filing the adoption petition is a stepparent with whom the child and the child's parent reside, the stepparent shall file only a petition
to terminate the parental rights of the parent who does not have custody of the child.
48.835(4)
(4) Hearings. Notwithstanding s. 48.90 (1) (a), the court may hold the hearing on the adoption petition immediately after entering the order to terminate
parental rights under s. 48.427 (3).
48.835 - ANNOT.
History: 1981 c. 81; 1987 a. 355; 1997 a. 104.
48.835 - ANNOT.
Concurrent TPR/adoption proceedings under s. 48.835 are subject to the requirement under s. 48.422 that the initial hearing be held within 30 days of filing
the petition. In re J.L.F. 168 Wis. 2d 634, 484 N.W.2d 359 (Ct. App. 1992).
48.835 - ANNOT.
Grandparents excluded from petitioning under s. 48.90 (1) (a) had no standing under this section to object to the adoption of their grandchildren. Adoption
of J.C.G. 177 Wis. 2d 424, 501 N.W.2d 908 (Ct. App. 1993).
48.837
48.837 Placement of children with nonrelatives for adoption.
48.837(1)
(1) Adoptive placement. A parent having custody of a child and the proposed adoptive parent or parents of the child may petition the court for placement
of the child for adoption in the home of a person who is not a relative of the child if the home is licensed as a foster home or treatment foster home under
s. 48.62.
48.837(2)
(2) Petition for placement. The petition for adoptive placement shall be verified and shall allege all of the following:
48.837(2)(a)
(a) The name, address and age of the child or the expected birth date of the child.
48.837(2)(b)
(b) The name, address and age of the birth parents and the proposed adoptive parents.
48.837(2)(c)
(c) The identity of any person or agency which solicited, negotiated or arranged the placement of the child with the proposed adoptive parents.
48.837(3)
(3) Petition for termination of parental rights required. The petition under sub. (2) shall be filed with a petition under s. 48.42 for the voluntary consent
to the termination of any existing rights of the petitioning parent or parents.
48.837(4)
(4) Responsibilities of court. On the filing of the petitions under this section the court:
48.837(4)(a)
(a) Shall hold a hearing within 30 days after the date of filing of the petitions, except that the hearing may not be held before the birth of the child.
48.837(4)(b)
(b) Shall appoint counsel or guardians ad litem when required under s. 48.23.
48.837(4)(c)
(c) Shall order the department or a county department under s. 48.57 (1) (e) or (hm) to investigate the proposed adoptive placement, to interview each petitioner,
to provide counseling if requested and to report its recommendation to the court at least 5 days before the hearing on the petition. If a licensed child
welfare agency has investigated the proposed adoptive placement and interviewed the petitioners, the court may accept a report and recommendation from the
child welfare agency in place of the court-ordered report required under this paragraph.
48.837(4)(d)
(d) May, at the request of a petitioning parent, or on its own motion after ordering the child taken into custody under s. 48.19 (1) (c), order the department
or a county department under s. 48.57 (1) (e) or (hm) to place the child, pending the hearing on the petition, in any home licensed under s. 48.62 except
the home of the proposed adoptive parents or a relative of the proposed adoptive parents.
48.837(4)(e)
(e) Shall, before hearing the petitions under subs. (2) and (3), ascertain whether the child's paternity has been acknowledged under s. 767.62 (1) or a
substantially similar law of another state or adjudicated in this state or another jurisdiction. If any person has filed a declaration of paternal interest
under s. 48.025, the court shall determine the rights of that person. If the child's paternity has not been acknowledged or adjudicated and if no person
has filed a declaration under s. 48.025, the court shall attempt to ascertain the paternity of the child. The court may not proceed with the hearing on
the petitions under this section unless the parental rights of the nonpetitioning parent, whether known or unknown, have been terminated.
48.837(5)
(5) Attendance at hearing. The child, if he or she is 12 years of age or over, and each petitioner shall attend the hearing on the petition under sub. (2).
The child, if he or she is 12 years of age or over, and each parent having custody of the child shall attend the hearing on the petition under sub. (3).
If the parent who has custody of the child consents and the court approves, the proposed adoptive parents may be present at the hearing on the petition
under sub. (3). The court may, for good cause, waive the requirement that the child attend either of the hearings.
48.837(6)
(6) Order of hearings.
48.837(6)(a)
(a) The court shall hold the hearing on the petition under sub. (2) before the hearing on the petition required under sub. (3).
48.837(6)(b)
(b) At the beginning of the hearing held under sub. (2), the court shall review the report that is submitted under s. 48.913 (6). The court shall determine
whether any payments or the conditions specified in any agreement to make payments are coercive to the birth parent of the child or to an alleged or presumed
father of the child or are impermissible under s. 48.913 (4). Making any payment to or on behalf of the birth parent of the child, an alleged or presumed
father of the child or the child conditional in any part upon transfer or surrender of the child or the termination of parental rights or the finalization
of the adoption creates a rebuttable presumption of coercion. Upon a finding of coercion, the court shall dismiss the petitions under subs. (2) and (3)
or amend the agreement to delete any coercive conditions, if the parties agree to the amendment. Upon a finding that payments which are impermissible under
s. 48.913 (4) have been made, the court may dismiss the petition and may refer the matter to the district attorney for prosecution under s. 948.24 (1).
48.837(6)(c)
(c) After the hearing on the petition under sub. (2), the court shall make findings on the allegations of the petition and the report ordered under sub.
(4) (c) and make a conclusion as to whether placement in the home is in the best interest of the child.
48.837(6)(d)
(d) If the proposed placement is approved, the court shall proceed immediately to a hearing on the petition required under sub. (3). If the parental rights
of the parent are terminated, the court shall order the child placed with the proposed adoptive parent or parents and appoint as guardian of the child the
department, a county department under s. 48.57 (1) (e) or (hm) or a child welfare agency licensed to accept guardianship under s. 48.61 (5).
48.837(7)
(7) Investigation and care costs. The proposed adoptive parents shall pay the cost of any investigation ordered under sub. (4) (c), according to a fee schedule
established by the department based on ability to pay, and shall also, if the adoption is completed, pay the cost of any care provided for the child under
sub. (4) (d).
48.837(8)
(8) Attorney representation. The same attorney may not represent the adoptive parents and the birth mother or birth father.
48.837 - ANNOT.
History: 1981 c. 81; 1985 a. 176; 1989 a. 161; 1993 a. 446; 1997 a. 27, 104, 191.
48.837 - ANNOT.
NOTE: 1997 Wis. Act 104, which affected this section, contains explanatory notes.
48.837 - ANNOT.
Cross Reference: See also s. HFS 1.01, Wis. adm. code.
48.837 - ANNOT.
Grandparents are not parties under this section. However, grandparent testimony may be necessary to determine the child's best interest. In Interest of
Brandon S.S. 179 Wis. 2d 114, 507 N.W.2d 94 (1993).
48.837 - ANNOT.
Adoption and termination proceedings in Wisconsin: A reply proposing limiting judicial discretion. Cooper and Nelson, 66 MLR 641 (1983).
48.838
48.838 Foreign adoption fees.
48.838(1)
(1) In this section, "foreign adoption" means the adoption of a child, who is a citizen of a foreign country, in accordance with any of the types
of adoption procedures specified under this subchapter.
48.838(2)
(2) The department may charge a fee of not more than $75 to the adoptive parents for reviewing foreign adoption documents and for providing necessary certifications
and approvals required by state and federal law.
48.838(3)
(3) The department may also charge a fee of not more than $75 to the adoptive parents for the review and certification of adoption documents, and for the
provision of departmental approval of placements as specified in s. 48.97, for adoptions that occur in a foreign country.
48.838 - ANNOT.
History: 1989 a. 31.
48.839
48.839 Adoption of foreign children.
48.839(1)
(1) Bond required.
48.839(1)(a)
(a) Any resident of this state who has been appointed by a court of a foreign jurisdiction as guardian of a child who is a citizen of that jurisdiction,
before bringing the child into this state for the purpose of adopting the child, shall file with the department a $1,000 noncancelable bond in favor of
this state, furnished by a surety company licensed to do business in this state. The condition of the bond shall be that the child will not become dependent
on public funds for his or her primary support before he or she is adopted.
48.839(1)(b)
(b) By filing the bond required under par. (a), the child's guardian and the surety submit to the jurisdiction of the court in the county in which the guardian
resides for purposes of liability on the bond, and appoint the clerk of the court as their agent upon whom any papers affecting their bond liability may
be served. Their liability on the bond may be enforced without the commencement of an independent action.
48.839(1)(c)
(c) If upon affidavit of the department it appears to the court that the condition of the bond has been violated, the court shall order the guardian and
the surety to show cause why judgment on the bond should not be entered for the department. If neither the guardian nor the surety appear for the hearing
on the order to show cause, or if the court concludes after the hearing that the condition of the bond has been violated, the court shall enter judgment
on the bond for the department against the guardian and the surety.
48.839(1)(d)
(d) If custody of the child is transferred under sub. (4) (b) to a county department or child welfare agency before the child is adopted, the department
shall periodically bill the guardian and the surety under s. 46.03 (18) (b) or 46.10 for the cost of care and maintenance of the child until the child is
adopted or becomes age 18, whichever is earlier. The guardian and surety shall also be liable under the bond for costs incurred by the department in enforcing
the bond against the guardian and surety.
48.839(1)(e)
(e) This section does not preclude the department or any other agency given custody of a child under sub. (4) (b) from collecting under s. 46.03 (18) (b)
or 46.10 from the former guardian for costs in excess of the amount recovered under the bond incurred in enforcing the bond and providing care and maintenance
for the child until he or she reaches age 18 or is adopted.
48.839(1)(f)
(f) The department may waive the bond requirement under this subsection.
48.839(2)
(2) Evidence of availability for adoption required.
48.839(2)(a)
(a) Any resident of this state who has been appointed by a court of a foreign jurisdiction as guardian of a child who is a citizen of that jurisdiction
and who intends to bring the child into this state for the purpose of adopting the child shall file with the department a certified copy of the judgment
or order of a court of the foreign jurisdiction or other instrument having the effect under the laws of the foreign jurisdiction of freeing the child for
adoption. If the instrument is not a judgment or order of a court, the guardian shall also file with the department a copy of the law under which the instrument
was issued, unless the department waives this requirement. The guardian shall also file English translations of the court judgment or order or other instrument
and of the law. The department shall return the originals to the guardian and keep on file a copy of each document.
48.839(2)(b)
(b) If the guardian files a judgment or order of a court under par. (a), the department shall review the judgment or order. If the department determines
that the judgment or order has the effect of freeing the child for adoption, if the department has been furnished with a copy of a home study recommending
the guardian as an adoptive parent, if a licensed child welfare agency has been identified to provide the services required under sub. (5) and if the guardian
has filed the bond required under sub. (1), the department shall certify to the U.S. immigration and naturalization service that all preadoptive requirements
of this state that can be met before the child's arrival in the United States have been met.
48.839(2)(c)
(c) If the guardian files an instrument other than a judgment or order of a court under par. (a), the department shall review the instrument. If the department
determines that the instrument has the effect under the laws of the foreign jurisdiction of freeing the child for adoption, if the department has been furnished
with a copy of a home study recommending the adoptive parents, if a licensed child welfare agency has been identified to provide the services required under
sub. (5) and if the guardian has filed the bond required under sub. (1), the department shall certify to the U.S. immigration and naturalization service
that all preadoptive requirements of this state that can be met prior to the child's arrival in the United States have been met.
48.839(3)
(3) Petition for adoption or termination of parental rights required.
48.839(3)(a)
(a) Within 60 days after the arrival of a child brought into this state from a foreign jurisdiction for the purpose of adoption, the individual who is the
child's guardian shall file a petition to adopt the child, a petition to terminate parental rights to the child, or both. If only a petition to terminate
parental rights to the child is filed under this paragraph, the individual guardian shall file a petition for adoption within 60 days of the order terminating
parental rights. The individual guardian shall file with the court the documents filed with the department under sub. (2) (a).
48.839(3)(b)
(b) Except as provided in par. (a) and sub. (4) (a), the termination of a parent's parental rights to a child who is a citizen of a foreign jurisdiction
is not required prior to the child's adoption by his or her guardian.
48.839(3)(c)
(c) If a petition for adoption is filed under par. (a), the individual guardian filing the petition shall file a copy of the petition with the department
at the time the petition is filed with the court. If the individual guardian filed an instrument other than a court order or judgment under sub. (2) (a),
the department may make a recommendation to the court as to whether the instrument filed has the effect under the laws of the foreign jurisdiction of freeing
the child for adoption.
48.839(3)(d)
(d) If a petition for adoption is filed under par. (a) and the individual guardian filing the petition filed an instrument other than a court order or judgment
under sub. (2) (a), the court shall determine whether the instrument filed has the effect under the laws of the foreign jurisdiction of freeing the child
for adoption. The court shall presume that the instrument has that effect unless there are substantial irregularities on the face of the document or unless
the department shows good cause for believing that the instrument does not have that effect. If the court determines that the instrument does not have the
effect of freeing the child for adoption, the court shall order the petitioner to file a petition to terminate parental rights under s. 48.42 within 10
days.
48.839(3)(e)
(e) If a petition for adoption is filed under par. (a) and the individual guardian filing the petition filed a court order or judgment under sub. (2) (a),
the court order or judgment shall be legally sufficient evidence that the child is free for adoption.
48.839(4)
(4) Transfer of guardianship; forfeiture of bond. If a guardian does not file a petition as required under sub. (3) (a) or (d), or if the petition for adoption
under sub. (3) is withdrawn or denied, the court:
48.839(4)(a)
(a) Shall transfer guardianship of the child to the department, to a county department under s. 48.57 (1) (e) or (hm) or to a child welfare agency under
s. 48.61 (5) and order the guardian to file a petition for termination of parental rights under s. 48.42 within 10 days.
48.839(4)(b)
(b) Shall transfer legal custody of the child to the department, in a county having a population of 500,000 or more, to a county department or to a child
welfare agency licensed under s. 48.60.
48.839(4)(c)
(c) Shall order the guardian who filed the bond under sub. (1) (a) to show cause why the bond should not be forfeited.
48.839(4)(d)
(d) May order that physical custody of the child remain with a suitable individual with whom the child has been living.
48.839(5)
(5) Child welfare services required. Any child welfare agency licensed under s. 48.60 that negotiates or arranges the placement of a child for adoption
under this section shall provide services to the child and to the proposed adoptive parents until the child's adoption is final.
48.839 - ANNOT.
History: 1981 c. 81; 1985 a. 176; 1997 a. 27.
48.839 - ANNOT.
Cross Reference: See also s. HFS 1.01, Wis. adm. code.
48.841
48.841 Persons required to file recommendation as to adoption.
48.841(1)
(1) No adoption of a minor may be ordered without the written recommendation, favorable or unfavorable, of the guardian of the minor, if there is one, as
set forth in s. 48.85.
48.841(2)
(2) If the guardian refuses or neglects to file its recommendation within the time specified in s. 48.85, the court may proceed as though the guardian had
filed a favorable recommendation.
48.85
48.85 Recommendation of guardian.
48.85(1)
(1) At least 10 days prior to the hearing, the guardian shall file its recommendation with the court.
48.85(2)
(2) The guardian's recommendation shall be presumed to be in the best interests of the child unless the fair preponderance of the credible evidence is to
the contrary. If the guardian's recommendation is in opposition to the granting of the petition, the court shall take testimony as to whether or not the
proposed adoption is in the best interests of the child.
48.85(3)
(3) At the conclusion of the hearing, the court shall enter its order in accordance with s. 48.91 (3).
48.85 - ANNOT.
History: 1973 c. 263.
48.871
48.871 Filing of recommendation by guardian. In the case of a recommendation by a guardian, the guardian shall file with its recommendation satisfactory
evidence of its authority to file such recommendation relative to the adoption of the minor. In the case where the parents' rights have been judicially
terminated, this evidence shall be a certified copy of the order terminating their rights and appointing the guardian. In other cases of a guardian appointed
by a court, this evidence shall be a certified copy of the order appointing it guardian. In the case of a guardian having the authority to consent or file
its recommendation under an instrument other than a court order, valid under the laws of another state, that instrument shall serve as evidence of the authority
to consent or file its recommendation.
48.88
48.88 Notice of hearing; investigation.
48.88(1)
(1) In this section, unless otherwise qualified, "agency" means any public or private entity except an individual.
48.88(1m)
(1m) Upon the filing of a petition for adoption, the court shall schedule a hearing within 90 days of the filing. Notice of the hearing shall be mailed,
not later than 3 days from the date of the order for hearing and investigation, to the guardian of the child, if any, to the agency making the investigation
under sub. (2), to the department when its recommendation is required by s. 48.89 and to the child if the child is 12 years of age or over.
48.88(2)
(2)
48.88(2)(a)
(a) Except as provided under par. (c), when a petition to adopt a child is filed, the court shall order an investigation to determine whether the child
is a proper subject for adoption and whether the petitioner's home is suitable for the child. The court shall order one of the following to conduct the
investigation:
48.88(2)(a)1.
1. If an agency has guardianship of the child, the guardianship agency, unless the agency has already filed its recommendation under s. 48.85 and has filed
with the recommendation a report of an investigation as required under this paragraph.
48.88(2)(a)2.
2. If no agency has guardianship of the child and a relative other than a stepparent has filed the petition for adoption, the department, a county department
under s. 48.57 (1) (e) or (hm) or a licensed child welfare agency.
48.88(2)(a)4.
4. If the child is a citizen of a foreign jurisdiction and is under the guardianship of an individual, the agency which conducted the home study required
under federal law prior to the child's entry into the United States.
48.88(2)(b)
(b) The agency making the investigation shall file its report with the court at least 10 days before the hearing unless the time is reduced for good cause
shown by the petitioner. The report shall be part of the record of the proceedings.
48.88(2)(c)
(c) If a stepparent has filed a petition for adoption and no agency has guardianship of the child, the court shall order the department, in a county having
a population of 500,000 or more, or a county department or, with the consent of the department in a county having a population of less than 500,000 or a
licensed child welfare agency, order the department or the child welfare agency to conduct a screening, consisting of no more than one interview with the
petitioner and a check of the petitioner's background through public records, including records maintained by the department or any county department under
s. 48.981. The department, county department or child welfare agency that conducts the screening shall file a report of the screening with the court within
30 days. After reviewing the report, the court may proceed to act on the petition, may order the department in a county having a population of 500,000 or
more or the county department to conduct an investigation as described under par. (a) (intro.) or may order the department in a county having a population
of less than 500,000 or a licensed child welfare agency to make the investigation if the department or child welfare agency consents.
48.88(3)
(3) If the report of the investigation is unfavorable or if it discloses a situation which, in the opinion of the court, raises a serious question as to
the suitability of the proposed adoption, the court may appoint a guardian ad litem for the minor whose adoption is proposed. The guardian ad litem may
have witnesses subpoenaed and present proof at the hearing.
48.88 - ANNOT.
History: 1975 c. 39, 199, 307; 1977 c. 271; 1981 c. 81, 384; 1983 a. 190; 1985 a. 176; 1997 a. 27.
48.89
48.89 Recommendation of the department.
48.89(1)
(1) The recommendation of the department is required for the adoption of a child if the child is not under the guardianship of a county department under
s. 48.57 (1) (e) or (hm) or a child welfare agency under s. 48.61 (5).
48.89(2)
(2) The department shall make its recommendation to the court at least 10 days before the hearing unless the time is extended by the court. The recommendation
shall be part of the record of the proceedings.
48.89(3)
(3) The recommendation of the department shall not be required if the recommendation of the department, a licensed child welfare agency or a county department
under s. 48.57 (1) (e) or (hm) is required by s. 48.841, if a report of an investigation by the department, a county department under s. 48.57 (1) (e) or
(hm) or a licensed child welfare agency is required by s. 48.88 (2) (a) 2. or if one of the petitioners is a relative of the child.
48.89 - ANNOT.
History: 1973 c. 263; 1977 c. 271; 1981 c. 81; 1983 a. 447; 1985 a. 176; 1995 a. 443.
48.90
48.90 Filing of adoption petition; preadoption residence.
48.90(1)
(1) A petition for adoption may be filed at any time if:
48.90(1)(a)
(a) One of the petitioners is a relative of the child by blood or by adoption, excluding parents whose parental rights have been terminated and persons
whose relationship to the child is derived through such parents.
48.90(1)(b)
(b) The petitioner is the child's stepparent.
48.90(1)(c)
(c) The petition is accompanied by a written approval of the guardian.
48.90(1)(d)
(d) The petitioner is the proposed adoptive parent with whom the child has been placed under s. 48.839.
48.90(2)
(2) Except as provided under sub. (1), no petition for adoption may be filed unless the child has been in the home of the petitioners for 6 months or more.
48.90(3)
(3) No petition for adoption may be filed unless the petitioners have complied with all applicable provisions of this chapter relating to adoptive placements.
48.90 - ANNOT.
History: 1973 c. 263; 1977 c. 354; 1977 c. 418 s. 929 (18); 1981 c. 81; 1997 a. 104.
48.90 - ANNOT.
Once administrative proceedings have commenced under s. 48.64 and the person with whom the child had been placed is seeking a review of the removal order,
a children's court has no jurisdiction of an attempted adoption. Adoption of Shawn, 65 Wis. 2d 190, 222 N.W.2d 139 (1974).
48.90 - ANNOT.
Standing to object to adoption proceedings turns on the right to petition for adoption; grandparents excluded from petitioning under sub. (1) (a) had no
standing to object to the adoption of their grandchildren. Adoption of J.C.G. 177 Wis. 2d 424, 501 N.W.2d 908 (Ct. App. 1993).
48.91
48.91 Hearing; order.
48.91(1)
(1) The hearing may be in chambers unless an interested person objects. The petitioner and the minor to be adopted, if 14 or older, shall attend unless
the court orders otherwise.
48.91(2)
(2) In an adoption proceeding for a nonmarital child who is not adopted or whose parents do not subsequently intermarry under s. 767.60, the court shall
establish whether the rights of any persons who have filed declarations of paternal interest under s. 48.025 have been determined or whether paternity has
been acknowledged under s. 767.62 (1) or a substantially similar law of another state or adjudicated in this state or in another jurisdiction. If the court
finds that no such determination has been made, the court shall proceed, prior to any action on the petition for adoption, to attempt to ascertain the paternity
of the child and the rights of any person who has filed a declaration under s. 48.025.
48.91(3)
(3) If after the hearing and a study of the report required by s. 48.88 and the recommendation required by s. 48.841 or 48.89, the court is satisfied that
the necessary consents or recommendations have been filed and that the adoption is in the best interests of the child, the court shall make an order granting
the adoption. The order may change the name of the minor to that requested by petitioners.
48.91 - ANNOT.
History: 1973 c. 263; 1979 c. 330; 1981 c. 81; 1983 a. 447; 1987 a. 383; 1995 a. 443; 1997 a. 191.
48.91 - ANNOT.
Meaning of "best interests of the child" is discussed. Adoption of Tachick, 60 Wis. 2d 540, 210 N.W.2d 865.
48.913
48.913 Payments by adoptive or proposed adoptive parents to a birth parent or child or on behalf of a birth parent or child.
48.913(1)
(1) Payments allowed. The proposed adoptive parents of a child, or a person acting on behalf of the proposed adoptive parents, may pay the actual cost of
any of the following:
48.913(1)(a)
(a) Preadoptive counseling for a birth parent of the child or an alleged or presumed father of the child.
48.913(1)(b)
(b) Post-adoptive counseling for a birth parent of the child or an alleged or presumed father of the child.
48.913(1)(c)
(c) Maternity clothes for the child's birth mother, not to exceed a reasonable amount.
48.913(1)(d)
(d) Local transportation expenses of a birth parent of the child that are related to the pregnancy or adoption.
48.913(1)(e)
(e) Services provided by a licensed child welfare agency in connection with the adoption.
48.913(1)(f)
(f) Medical and hospital care received by the child's birth mother in connection with the pregnancy or birth of the child. Medical and hospital care does
not include lost wages or living expenses.
48.913(1)(g)
(g) Medical and hospital care received by the child.
48.913(1)(h)
(h) Legal and other services received by a birth parent of the child, an alleged or presumed father of the child or the child in connection with the adoption.
48.913(1)(i)
(i) Living expenses of the child's birth mother, in an amount not to exceed $1,000, if payment of the expenses by the proposed adoptive parents or a person
acting on their behalf is necessary to protect the health and welfare of the birth mother or the fetus.
48.913(1)(j)
(j) Any investigation ordered under s. 48.837 (4) (c), according to a fee schedule established by the department based on ability to pay.
48.913(1)(k)
(k) If the adoption is completed, the cost of any care provided for the child under s. 48.837 (4) (d).
48.913(1)(L)
(L) Birthing classes.
48.913(1)(m)
(m) A gift to the child's birth mother from the proposed adoptive parents, of no greater than $50 in value.
48.913(2)
(2) Payment of expenses when birth parent is residing in another state. Notwithstanding sub. (1), the proposed adoptive parents of a child or a person acting
on behalf of the proposed adoptive parents of a child may pay for an expense of a birth parent of the child or an alleged or presumed father of the child
if the birth parent or the alleged or presumed father was residing in another state when the payment was made and when the expense was incurred and if all
of the following apply:
48.913(2)(a)
(a) The child was placed for adoption in this state in accordance with s. 48.988.
48.913(2)(b)
(b) The state in which the birth parent or the alleged or presumed father was residing when the payment was made permits the payment of that expense by
the proposed adoptive parents of the child.
48.913(2)(c)
(c) A listing of all payments made under this subsection, a copy of the statutory provisions of the state in which the birth parent or the alleged or presumed
father was residing when the payments were made that permit those payments to be made by the proposed adoptive parents of the child and a copy of all orders
entered in the state in which the birth parent or the alleged or presumed father was residing when the payments were made that relate to the payment of
expenses of the birth parent or the alleged or presumed father by the proposed adoptive parents of the child is submitted to the court as follows:
48.913(2)(c)1.
1. With the report under sub. (6), if the parental rights of either birth parent of the child are terminated in this state.
48.913(2)(c)2.
2. With a petition under s. 48.837 (2), if the parental rights of both birth parents of the child are terminated in another state and the child is placed
for adoption under s. 48.837 (2).
48.913(2)(c)3.
3. With a petition under s. 48.90, if the parental rights of both parents of the child are terminated in another state and the child is placed for adoption
under s. 48.833.
48.913(3)
(3) Method of payment. Any payment under sub. (1) or (2) shall be made directly to the provider of a good or service except that a payment under sub. (1)
or (2) may be made to a birth parent of the child or to an alleged or presumed father of the child as reimbursement of an amount previously paid by the
birth parent or by the alleged or presumed father if documentation is provided showing that the birth parent or alleged or presumed father has made the
previous payment.
48.913(4)
(4) Other payments prohibited. The proposed adoptive parents of a child or a person acting on behalf of the proposed adoptive parents may not make any payments
to or on behalf of a birth parent of the child, an alleged or presumed father of the child or the child except as provided in subs. (1) and (2).
48.913(5)
(5) Payments after finalization of adoption. The adoptive parents of a child or a person acting on behalf of the proposed adoptive parents may make a payment
that is authorized under subs. (1) and (2) after finalization of the adoption, if the payment is included in the report under sub. (6) or an amendment to
that report filed with the court.
.913(6)
(6) Report to the court; when required. A report containing the information specified in sub. (7) shall be provided to the court at the time of the hearing
on the petition for adoptive placement under s. 48.837 (2) or upon the order of the court under s. 48.422 (7) (bm).
48.913(7)
(7) Report to the court; contents required. The report required under sub. (6) shall include a list of all transfers of anything of value made or agreed
to be made by the proposed adoptive parents or by a person acting on their behalf to a birth parent of the child, an alleged or presumed father of the child
or the child, on behalf of a birth parent of the child, an alleged or presumed father of the child or the child, or to any other person in connection with
the pregnancy, the birth of the child, the placement of the child with the proposed adoptive parents or the adoption of the child by the proposed adoptive
parents. The report shall be itemized and shall show the goods or services for which payment was made or agreed to be made. The report shall include the
dates of each payment, the names and addresses of each attorney, doctor, hospital, agency or other person or organization receiving any payment from the
proposed adoptive parents or a person acting on behalf of the proposed adoptive parents in connection with the pregnancy, the birth of the child, the placement
of the child with the proposed adoptive parents or the adoption of the child by the proposed adoptive parents.
48.913(8)
(8) Adoption of foreign children and adoption by relatives of the child. This section does not apply to an adoptive or proposed adoptive parent of a child
with whom the child has been placed under s. 48.839 or to an adoptive or proposed adoptive parent of a child who is a relative of the child.
48.913 - ANNOT.
History: 1997 a. 104.
48.913 - ANNOT.
NOTE: 1997 Wis. Act 104, which affected this section, contains explanatory notes.
48.915
48.915 Adoption appeals given preference. An appeal from a judgment granting or denying an adoption shall be given preference.
48.915 - ANNOT.
History: 1987 a. 383; 1993 a. 395 s. 30; Stats. 1993 s. 48.915.
48.92
48.92 Effect of adoption.
48.92(1)
(1) After the order of adoption is entered the relation of parent and child and all the rights, duties and other legal consequences of the natural relation
of child and parent thereafter exists between the adopted person and the adoptive parents.
48.92(2)
(2) After the order of adoption is entered the relationship of parent and child between the adopted person and the adopted person's birth parents, unless
the birth parent is the spouse of the adoptive parent, shall be completely altered and all the rights, duties and other legal consequences of the relationship
shall cease to exist. Notwithstanding the extinction of all parental rights under this subsection, a court may order reasonable visitation under s. 48.925.
48.92(3)
(3) Rights of inheritance by, from and through an adopted child are governed by ss. 854.20 and 854.21.
48.92(4)
(4) Nothing in this section shall be construed to abrogate the right of the department to make payments to adoptive families under s. 48.48 (12).
48.92 - ANNOT.
History: 1973 c. 90; 1981 c. 359 s. 16; 1991 a. 191, 316; 1997 a. 35, 188.
48.92 - ANNOT.
A valid adoption of the petitioner by his aunt would preclude his right to inherit as the son of his natural mother, although he would be entitled to inherit
as a nephew. Estate of Komarr, 68 Wis. 2d 473, 228 N.W.2d 681 (1975).
48.92 - ANNOT.
Biological grandparents had no right to visitation following termination of their son's parental rights and adoption by the child's stepfather. In re Marriage
of Soergel, 154 Wis. 2d 564, 453 N.W.2d 624 (1990).
48.92 - ANNOT.
Adoption of the child of a deceased parent does not terminate the decedent's parents' grandparental visitation rights under s. 880.115. Grandparental Visitation
of C.G.F., 168 Wis. 2d 62, 483 N.W.2d 803 (1992).
48.92 - ANNOT.
Except in the case of stepparent adoption, the parental rights of both birth parents are terminated, effectively preventing a birth parent's nonmarital
partner from adopting the birth parent's child. This provision does not violate the constitutional rights of either the child or nonmarital partner. Interest
of Angel Lace M. 184 Wis. 2d 492, 516 N.W.2d 678 (1994).
48.92 - ANNOT.
Adoption proceedings confer all parental rights on the adoptive parents and therefore resolve all issues relating to the biological grandparents' rights
to assert claims for custody and guardianship. Following adoption, a change requires a showing of unfitness in the adoptive parents. Elgin and Carol W.
v. DHFS, 221 Wis. 2d 36, 584 N.W.2d 195 (Ct. App. 1998), 97-3595.
48.925
48.925 Visitation rights of certain persons.
48.925(1)
(1) Upon petition by a relative who has maintained a relationship similar to a parent-child relationship with a child who has been adopted by a stepparent
or relative, the court, subject to subs. (1m) and (2), may grant reasonable visitation rights to that person if the petitioner has maintained such a relationship
within 2 years prior to the filing of the petition, if the adoptive parent or parents, or, if a birth parent is the spouse of an adoptive parent, the adoptive
parent and birth parent, have notice of the hearing and if the court determines all of the following:
48.925(1)(a)
(a) That visitation is in the best interest of the child.
48.925(1)(b)
(b) That the petitioner will not undermine the adoptive parent's or parents' relationship with the child or, if a birth parent is the spouse of an adoptive
parent, the adoptive parent's and birth parent's relationship with the child.
48.925(1)(c)
(c) That the petitioner will not act in a manner that is contrary to parenting decisions that are related to the child's physical, emotional, educational
or spiritual welfare and that are made by the adoptive parent or parents or, if a birth parent is the spouse of an adoptive parent, by the adoptive parent
and birth parent.
48.925(1m)
(1m)
48.925(1m)(a)
(a) Except as provided in par. (b), the court may not grant visitation rights under sub. (1) to a relative who has maintained a relationship similar to
a parent-child relationship with a child if the relative has been convicted under s. 940.01 of the first-degree intentional homicide, or under s. 940.05
of the 2nd-degree intentional homicide, of a parent of the child, and the conviction has not been reversed, set aside or vacated.
48.925(1m)(am)
(am) Except as provided in par. (b), if a relative who is granted visitation rights with a child under sub. (1) is convicted under s. 940.01 of the first-degree
intentional homicide, or under s. 940.05 of the 2nd-degree intentional homicide, of a parent of the child, and the conviction has not been reversed, set
aside or vacated, the court shall issue an order prohibiting the relative from having visitation with the child on petition of the child or the parent,
guardian or legal custodian of the child, or on the court's own motion, and on notice to the relative.
48.925(1m)(b)
(b) Paragraphs (a) and (am) do not apply if the court determines by clear and convincing evidence that the visitation would be in the best interests of
the child. The court shall consider the wishes of the child in making that determination.
48.925(2)
(2) Whenever possible, in making a determination under sub. (1), the court shall consider the wishes of the adopted child.
48.925(3)
(3) This section applies to every child in this state who has been adopted, by a stepparent or relative, regardless of the date of the adoption.
48.925(4)
(4) Any person who interferes with visitation rights granted under sub. (1) may be proceeded against for contempt of court under ch. 785, except that a
court may impose only the remedial sanctions specified in s. 785.04 (1) (a) and (c) against that person.
48.925 - ANNOT.
History: 1991 a. 191; 1999 a. 9.
48.925 - ANNOT.
Grandparents' Visitation Rights Following Adoption: Expanding Traditional Boundaries in Wisconsin. Hintz. 1994 WLR 484.
48.925 - ANNOT.
Grandparent Visitation Rights. Rothstein. Wis. Law. Nov. 1992.
48.925 - ANNOT.
The Effect of C.G.F. and Section 48.925 on Grandparental Visitation Petitions. Hughes. Wis. Law. Nov. 1992.
48.93
48.93 Records closed.
48.93(1)
(1) In this section, "adoptee" has the meaning given in s. 48.432 (1) (a).
48.93(1d)
(1d) All records and papers pertaining to an adoption proceeding shall be kept in a separate locked file and may not be disclosed except under sub. (1g)
or (1r), s. 46.03 (29), 48.432, 48.433, 48.434, 48.48 (17) (a) 9. or 48.57 (1) (j), or by order of the court for good cause shown.
48.93(1g)
(1g) At the time a court enters an order granting an adoption, it shall provide the adoptive parents with a copy of the child's medical record under s.
48.425 (1) (am) or with any information provided to the court under s. 48.422 (9) or 48.425 (2), after deleting the names and addresses of the child's birth
parents and the identity of any provider of health care to the child or the child's birth parents.
48.93(1r)
(1r) Any agency which has placed a child for adoption shall, at the request of an adoptive parent or of the adoptee, after he or she has reached age 18,
provide the requester without charge, except for the actual cost of reproduction, with medical or genetic information about the adoptee or about the adoptee's
birth parents which it has on file and with nonidentifying social history information about the adoptee's family which it has on file, after deleting the
names and addresses of the birth parents and any provider of health care to the adoptee or the adoptee's birth parents. The agency may charge a requester
a fee for the cost of verifying, purging, summarizing, copying and mailing the information according to the fee schedule established by the department under
s. 48.432 (3) (c). The fee may not be more than $150 and may be waived by the agency.
48.93(2)
(2) All correspondence and papers, relating to the investigation, which are not a part of the court record, except those in the custody of agencies authorized
to place children for adoption shall be transferred to the department and placed in its closed files.
48.93 - ANNOT.
History: 1979 c. 34; 1981 c. 359; 1983 a. 471; 1989 a. 31; 1997 a. 27, 104, 252.
48.93 - ANNOT.
Adoption records reform: Impact on adoptees. 67 MLR 110 (1983).
48.94
48.94 New birth certificate. After entry of the order granting the adoption the clerk of the court shall promptly mail a copy thereof to the state bureau
of vital statistics and furnish any additional data needed for the new birth certificate. Whenever the parents by adoption, or the adopting parent and a
birth parent who is the spouse of the adopting parent, request, that the birth certificate for the person adopted be not changed, then the court shall so
order. In such event no new birth certificate shall be filed by the state registrar of vital statistics, notwithstanding the provisions of s. 69.15 (2)
or any other law of this state.
48.94 - ANNOT.
History: 1981 c. 359 s. 16; 1985 a. 315 s. 22; 1991 a. 316.
48.94 - ANNOT.
Fundamental Rights Debate: Should Wisconsin Allow Adult Adoptees Unconditional Access to Adoption Records and Original Birth Certificates? Racine. 2002
WLR 1437.
48.95
48.95 Withdrawal or denial of petition. Except as provided under s. 48.839 (3) (b), if the petition is withdrawn or denied, the circuit court shall order
the case transferred to the court assigned to exercise jurisdiction under this chapter and ch. 938 for appropriate action, except that if parental rights
have been terminated and the guardian of the minor is the department, a licensed child welfare agency or a county department under s. 48.57 (1) (e) or (hm),
the minor shall remain in the legal custody of the guardian.
48.95 - ANNOT.
History: 1977 c. 271, 449; 1981 c. 81; 1985 a. 176; 1995 a. 77.
48.96
48.96 Subsequent adoption. The adoption of an adopted person is authorized and, in that case, the references to parent and birth parent are to adoptive
parent.
48.96 - ANNOT.
History: 1981 c. 359 s. 16.
48.97
48.97 Adoption orders of other jurisdictions. When the relationship of parent and child has been created by an order of adoption of a court of any other
state or nation, the rights and obligations of the parties as to matters within the jurisdiction of this state shall be determined by s. 48.92. If the adoptive
parents were residents of this state at the time of the foreign adoption, the preceding sentence applies only if the department has approved the placement.
A child whose adoption would otherwise be valid under this section may be readopted in accordance with this chapter.
48.97 - ANNOT.
History: 1971 c. 187; 1981 c. 81; 1995 a. 443.
48.975
48.975 Adoption assistance.
48.975(1)
(1) Definition. In this section, "adoption assistance" means payments by the department to the adoptive or proposed adoptive parents of a child
which are designed to assist in the cost of care of that child after an agreement under sub. (4) has been signed and the child has been placed for adoption
with the adoptive or proposed adoptive parents.
48.975(2)
(2) Applicability. The department may provide adoption assistance only for a child with special needs and only when the department has determined that such
assistance is necessary to assure the child's adoption.
48.975(3)
(3) Types. The department may provide adoption assistance for maintenance, medical care or nonrecurring adoption expenses, or for any combination of those
types of adoption assistance, according to the following criteria:
48.975(3)(a)
(a) Maintenance.
48.975(3)(a)1.
1. Except as provided in subd. 3., for support of a child who was in foster care, treatment foster care, or subsidized guardianship care immediately prior
to placement for adoption, the initial amount of adoption assistance for maintenance shall be equivalent to the amount of that child's foster care, treatment
foster care, or subsidized guardianship care payment at the time that the agreement under sub. (4) (a) is signed or a lesser amount if agreed to by the
proposed adoptive parents and specified in that agreement.
48.975(3)(a)2.
2. Except as provided in subd. 3., for support of a child not in foster care, treatment foster care, or subsidized guardianship care immediately prior to
placement for adoption, the initial amount of adoption assistance for maintenance shall be equivalent to the uniform foster care rate in effect at the time
that the agreement under sub. (4) (a) is signed or a lesser amount if agreed to by the proposed adoptive parents and specified in that agreement.
48.975(3)(a)3.
3. For support of a child who is defined under rules promulgated by the department under sub. (5) (b) as a child with special needs based solely on being
at high risk of developing moderate or intensive difficulty-of-care problems, the initial amount of adoption assistance for maintenance shall be $0.
48.975(3)(a)4.
4. The amount of adoption assistance for maintenance may be changed under an amended agreement under sub. (4) (b) or (c). If an agreement is amended under
sub. (4) (b) or (c), the amount of adoption assistance for maintenance shall be the amount specified in the amended agreement but may not exceed the uniform
foster care rate that would be applicable to the child if the child were in foster care during the time for which the adoption assistance for maintenance
is paid.
3)(b)
(b) Medical. The adoption assistance for medical care shall be sufficient to pay expenses due to a physical, mental or emotional condition of the child
which is not covered by a health insurance policy insuring the child or the parent.
48.975(3)(c)
(c) Nonrecurring adoption expenses. Subject to any maximum amount provided by the department by rule promulgated under sub. (5), the adoption assistance
for nonrecurring adoption expenses shall be sufficient to pay the reasonable and necessary adoption fees, court costs, legal fees and other expenses that
are directly related to the adoption of the child and that are not incurred in violation of any state or federal law.
48.975(3m)
(3m) Duration. The adoption assistance may be continued after the adoptee reaches the age of 18 if that adoptee is a full-time high school student.
48.975(4)
(4) Procedure.
48.975(4)(a)
(a) Except in extenuating circumstances, as defined by the department by rule promulgated under sub. (5) (a), a written agreement to provide adoption assistance
shall be made prior to adoption. An agreement to provide adoption assistance may be made only for a child who, at the time of placement for adoption, is
in the guardianship of the department or other agency authorized to place children for adoption, in the guardianship of an American Indian tribal agency
in this state, or in a subsidized guardianship under s. 48.62 (5).
48.975(4)(b)
(b) If an agreement to provide adoption assistance is in effect and if the adoptive or proposed adoptive parents of the child who is the subject of the
agreement believe there has been a substantial change in circumstances, as defined by the department by rule promulgated under sub. (5) (c), the adoptive
or proposed adoptive parents may request that the agreement be amended to increase the amount of adoption assistance for maintenance. If a request is received
under this paragraph, the department shall do all of the following:
48.975(4)(b)1.
1. Determine whether there has been a substantial change in circumstances, as defined by the department by rule promulgated under sub. (5) (c) and whether
there has been a substantiated report of abuse or neglect of the child by the adoptive or proposed adoptive parents.
48.975(4)(b)2.
2. If there has been a substantial change in circumstances and if there has been no substantiated report of abuse or neglect of the child by the adoptive
or proposed adoptive parents, offer to increase the amount of adoption assistance for maintenance based on criteria established by the department by rule
promulgated under sub. (5) (d).
48.975(4)(b)3.
3. If an increased amount of adoption assistance for maintenance is agreed to by the adoptive or proposed adoptive parents, amend the agreement in writing
to specify the increased amount of adoption assistance for maintenance.
48.975(4)(bm)
(bm) Annually, the department shall review an agreement that has been amended under par. (b) to determine whether the substantial change in circumstances
that was the basis for amending the agreement continues to exist. If that substantial change in circumstances continues to exist, the agreement, as amended,
shall remain in effect. If that substantial change in circumstances no longer exists, the department shall offer to decrease the amount of adoption assistance
for maintenance based on criteria established by the department under sub. (5) (dm). If the decreased amount of adoption assistance for maintenance is agreed
to by the adoptive or proposed adoptive parents, the department shall amend the agreement in writing to specify the decreased amount of adoption assistance
for maintenance. If the decreased amount of adoption assistance for maintenance is not agreed to by the adoptive or proposed adoptive parents, the adoptive
or proposed adoptive parents may appeal the decision of the department regarding the decrease under the procedure established by the department under sub.
(5) (dm).
48.975(4)(c)
(c) The department may propose to the adoptive or proposed adoptive parents that an agreement to provide adoption assistance be amended to adjust the amount
of adoption assistance for maintenance. If an adjustment in the amount of adoption assistance for maintenance is agreed to by the adoptive or proposed adoptive
parents, the agreement shall be amended in writing to specify the adjusted amount of adoption assistance for maintenance.
48.975(4)(d)
(d) An agreement to provide adoption assistance may be amended more than once under par. (b) or (c).
48.975(4m)
(4m) Recovery of incorrect payments. The department may recover an overpayment of adoption assistance from an adoptive parent who continues to receive adoption
assistance for maintenance by reducing the amount of the adoptive parent's monthly payment of adoption assistance for maintenance. The department may by
rule specify other methods for recovering overpayments of adoption assistance.
48.975(5)
(5) Rules. The department shall promulgate rules necessary to implement this section, which shall include all of the following:
48.975(5)(a)
(a) A rule defining the extenuating circumstances under which an initial agreement to provide adoption assistance under sub. (4) (a) may be made after adoption.
This definition shall include all circumstances under which federal statutes, regulations or guidelines provide that federal matching funds for adoption
assistance are available to the state if an initial agreement is made after adoption, but may not include circumstances under which federal statutes, regulations
or guidelines provide that federal matching funds for adoption assistance are not available if an initial agreement is made after adoption.
48.975(5)(b)
(b) A rule defining a child with special needs, which shall include a child who the department determines has, at the time of placement for adoption, moderate
or intensive difficulty-of-care problems, as defined by the department, or who the department determines is, at the time of placement for adoption, at high
risk of developing those problems.
48.975(5)(c)
(c) A rule defining the substantial change in circumstances under which adoptive or proposed adoptive parents may request that an agreement made under sub.
(4) be amended to increase the amount of adoption assistance for maintenance. The definition shall include all of the following:
48.975(5)(c)1.
1. Situations in which a child who was defined as a child with special needs based solely on being at high risk of developing moderate or intensive difficulty-of-care
problems has developed those problems.
48.975(5)(c)2.
2. Situations in which a child's difficulty-of-care problems have increased from the moderate level to the intensive level as set forth in the department's
schedule of difficulty-of-care levels promulgated by rule.
48.975(5)(d)
(d) Rules establishing requirements for submitting a request under sub. (4) (b), criteria for determining the amount of the increase in adoption assistance
for maintenance that the department shall offer if there has been a substantial change in circumstances and if there has been no substantiated report of
abuse or neglect of the child by the adoptive or proposed adoptive parents, and the procedure to appeal the decision of the department regarding the request.
48.975(5)(dm)
(dm) Rules establishing the criteria for determining the amount of the decrease in adoption assistance for maintenance that the department shall offer under
sub. (4) (bm) if a substantial change in circumstances no longer exists and the procedure to appeal the decision of the department regarding the decrease.
The criteria shall provide that the amount of the decrease offered by the department under sub. (4) (bm) may not result in an amount of adoption assistance
for maintenance that is less than the initial amount of adoption assistance for maintenance provided for the child under sub. (3) (a) 1., 2. or 3.
48.975(5)(e)
(e) A rule regarding when a child must be photolisted with the adoption information exchange under s. 48.55 in order to be eligible for adoption assistance.
The rule may not require photolisting under any circumstances in which photolisting is not required by federal statutes, regulations or guidelines as a
prerequisite for the state to receive federal matching funds for adoption assistance.
48.975 - ANNOT.
History: 1977 c. 418; 1985 a. 308; 1989 a. 31; 1993 a. 16, 446; 1997 a. 308; 2005 a. 25.
48.975 - ANNOT.
Cross Reference: See also ch. HFS 50, Wis. adm. code.
48.977
48.977 Appointment of guardians for certain children in need of protection or services.
48.977(2)
(2) Type of guardianship. This section may be used for the appointment of a guardian of the person for a child if the court finds all of the following:
48.977(2)(a)
(a) That the child has been adjudged to be in need of protection or services under s. 48.13 (1), (2), (3), (3m), (4), (5), (8), (9), (10), (10m), (11),
or (11m) or 938.13 (4) and been placed, or continued in a placement, outside of his or her home pursuant to one or more court orders under s. 48.345, 48.357,
48.363, 48.365, 938.345, 938.357, 938.363, or 938.365 or that the child has been so adjudged and placement of the child in the home of a guardian under
this section has been recommended under s. 48.33 (1) or 938.33 (1).
48.977(2)(b)
(b) That the person nominated as the guardian of the child is a person with whom the child has been placed or in whose home placement of the child is recommended
under par. (a) and that it is likely that the child will continue to be placed with that person for an extended period of time or until the child attains
the age of 18 years.
48.977(2)(c)
(c) That, if appointed, it is likely that the person would be willing and able to serve as the child's guardian for an extended period of time or until
the child attains the age of 18 years.
48.977(2)(d)
(d) That it is not in the best interests of the child that a petition to terminate parental rights be filed with respect to the child.
977(2)(e)
(e) That the child's parent is neglecting, refusing or unable to carry out the duties of a guardian or, if the child has 2 parents, both parents are neglecting,
refusing or unable to carry out the duties of a guardian.
48.977(2)(f)
(f) That the agency primarily responsible for providing services to the child under a court order has made reasonable efforts to make it possible for the
child to return to his or her home, while assuring that the child's health and safety are the paramount concerns, but that reunification of the child with
the child's parent or parents is unlikely or contrary to the best interests of the child and that further reunification efforts are unlikely to be made
or are contrary to the best interests of the child or that the agency primarily responsible for providing services to the child under a court order has
made reasonable efforts to prevent the removal of the child from his or her home, while assuring the child's health and safety, but that continued placement
of the child in the home would be contrary to the welfare of the child, except that the court is not required to find that the agency has made those reasonable
efforts with respect to a parent of the child if any of the circumstances specified in s. 48.355 (2d) (b) 1. to 5. applies to that parent. The court shall
make the findings specified in this paragraph on a case-by-case basis based on circumstances specific to the child and shall document or reference the specific
information on which those findings are based in the guardianship order. A guardianship order that merely references this paragraph without documenting
or referencing that specific information in the order or an amended guardianship order that retroactively corrects an earlier guardianship order that does
not comply with this paragraph is not sufficient to comply with this paragraph.
48.977(3)
(3) Designation as a permanent placement. If a court appoints a guardian for a child under sub. (2), the court may designate the child's placement with
that guardian as the child's permanent foster placement, but only for purposes of s. 48.368 (2) or 938.368 (2).
48.977(3r)
(3r) Subsidized guardianship. Subject to s. 48.62 (5) (d), if a county department or, in a county having a population of 500,000 or more, the department
has determined under s. 48.62 (5) (a) 2. that appointing a guardian under sub. (2) for a child who does not meet the conditions specified under s. 48.62
(5) (a) 1. and providing monthly subsidized guardianship payments to the guardian are in the best interests of the child, the petitioner under sub. (4)
(a) shall include in the petition under sub. (4) (b) a statement of that determination and a request for the court to include in the court's findings under
sub. (4) (d) a finding confirming that determination. If the court confirms that determination and appoints a guardian for the child under sub. (2), the
county department or department shall provide monthly subsidized guardianship payments to the guardian under s. 48.62 (5).
48.977(4)
(4) Procedure and disposition.
48.977(4)(a)
(a) Who may file petition. Any of the following persons may file a petition for the appointment of a guardian for a child under sub. (2):
48.977(4)(a)1.
1. The child or the child's guardian or legal custodian.
48.977(4)(a)2.
2. The child's guardian ad litem.
48.977(4)(a)3.
3. The child's parent.
48.977(4)(a)4.
4. The person with whom the child is placed or in whose home placement of the child is recommended as described in sub. (2) (a), if the person is nominated
as the guardian of the child in the petition.
48.977(4)(a)5.
5. The department.
48.977(4)(a)6.
6. A county department under s. 46.22 or 46.23 or, if the child has been placed pursuant to an order under ch. 938 or the child's placement with the guardian
is recommended under ch. 938, a county department under s. 46.215, 46.22, or 46.23.
48.977(4)(a)7.
7. A licensed child welfare agency that has been assigned primary responsibility for providing services to the child under a court order.
48.977(4)(a)8.
8. The person representing the interests of the public under s. 48.09.
48.977(4)(b)
(b) Contents of petition. A proceeding for the appointment of a guardian for a child under sub. (2) shall be initiated by a petition which shall be entitled
"In the interest of .... (child's name), a person under the age of 18" and shall set forth all of the following with specificity:
48.977(4)(b)1.
1. The name, birth date and address of the child.
48.977(4)(b)2.
2. The names and addresses of the child's parent or parents, guardian and legal custodian.
48.977(4)(b)3.
3. The date on which the child was adjudged in need of protection or services under s. 48.13 (1), (2), (3), (3m), (4), (5), (8), (9), (10), (10m), (11),
or (11m) or 938.13 (4) and the dates on which the child has been placed, or continued in a placement, outside of his or her home pursuant to one or more
court orders under s. 48.345, 48.357, 48.363, 48.365, 938.345, 938.357, 938.363, or 938.365 or, if the child has been so adjudged, but not so placed, the
date of the report under s. 48.33 (1) or 938.33 (1) in which placement of the child in the home of the person is recommended.
48.977(4)(b)4.
4. A statement of the facts and circumstances which the petition alleges establish that the conditions specified in sub. (2) (b) to (f) are met.
48.977(4)(b)5.
5. A statement of whether the proceedings are subject to the uniform child custody jurisdiction act under ch. 822.
48.977(4)(b)6.
6. A statement of whether the child may be subject to the federal Indian child welfare act, 25 USC 1911 to 1963.
48.977(4)(c)
(c) Service of petition and notice.
48.977(4)(c)1.
1. The petitioner shall cause the petition and notice of the time and place of the hearing under par. (cm) to be served upon all of the following persons:
48.977(4)(c)1.a.
a. The child if the child is 12 years of age or older.
48.977(4)(c)1.b.
b. The child's guardian and legal custodian.
48.977(4)(c)1.c.
c. The child's guardian ad litem.
48.977(4)(c)1.d.
d. The child's counsel.
48.977(4)(c)1.e.
e. The child's parent.
48.977(4)(c)1.f.
f. The persons to whom notice is required to be given under s. 48.27 (3) (b) 1.
48.977(4)(c)1.g.
g. The person with whom the child is placed or in whose home placement of the child is recommended as described in sub. (2) (a), if the person is nominated
as the guardian of the child in the petition.
Subch. XIX of Ch. 48
SUBCHAPTER XIX
ADOPTION OF MINORS; GUARDIANSHIP
48.81
48.81 Who may be adopted. Any child who is present in this state at the time the petition for adoption is filed may be adopted if any of the following criteria
are met:
48.81(1)
(1) Both of the child's parents are deceased.
48.81(2)
(2) The parental rights of both of the child's parents with respect to the child have been terminated under subch. VIII or in another state or a foreign
jurisdiction.
48.81(3)
(3) The parental rights of one of the child's parents with respect to the child have been terminated under subch. VIII or in another state or a foreign
jurisdiction and the child's other parent is deceased.
48.81(4)
(4) The person filing the petition for adoption is the spouse of the child's parent with whom the child and the child's parent reside and either of the
following applies:
48.81(4)(a)
(a) The child's other parent is deceased.
48.81(4)(b)
(b) The parental rights of the child's other parent with respect to the child have been terminated under subch. VIII or in another state or a foreign jurisdiction.
48.81(5)
(5) Section 48.839 (3) (b) applies.
48.81(6)
(6) The child is being readopted under s. 48.97.
48.81 - ANNOT.
History: 1987 a. 383; 1989 a. 161; 1997 a. 104.
48.81 - ANNOT.
NOTE: 1997 Wis. Act 104, which affected this section, contains explanatory notes.
48.82
48.82 Who may adopt.
48.82(1)
(1) The following persons are eligible to adopt a minor if they are residents of this state:
48.82(1)(a)
(a) A husband and wife jointly, or either the husband or wife if the other spouse is a parent of the minor.
48.82(1)(b)
(b) An unmarried adult.
48.82(3)
(3) When practicable and if requested by the birth parent, the adoptive parents shall be of the same religious faith as the birth parents of the person
to be adopted.
48.82(4)
(4) No person may be denied the benefits of this subchapter because of a religious belief in the use of spiritual means through prayer for healing.
48.82(5)
(5) Although otherwise qualified, no person shall be denied the benefits of this section because the person is deaf, blind or has other physical handicaps.
48.82(6)
(6) No otherwise qualified person may be denied the benefits of this subchapter because of his or her race, color, ancestry or national origin.
48.82 - ANNOT.
History: 1981 c. 359 s. 16; 1983 a. 350; 1989 a. 161; 1991 a. 316.
48.82 - ANNOT.
Standing to object to adoption proceedings turns on the right to petition for adoption; grandparents excluded from petitioning under s. 48.90 (1) (a) had
no standing to object to the adoption of their grandchildren. Adoption of J.C.G. 177 Wis. 2d 424, 501 N.W.2d 908 (Ct. App. 1993).
48.825
48.825 Advertising related to adoption.
48.825(1)
(1) In this section:
48.825(1)(a)
(a) "Advertise" means to communicate by any public medium that originates within this state, including by newspaper, periodical, telephone book
listing, outdoor advertising sign, radio or television.
48.825(1)(b)
(b) "Another jurisdiction" means a state of the United States other than Wisconsin, the District of Columbia, the Commonwealth of Puerto Rico,
any territory or insular possession subject to the jurisdiction of the United States or a federally recognized American Indian tribe or band.
48.825(2)
(2) Except as provided in sub. (3), no person may do any of the following:
48.825(2)(a)
(a) Advertise for the purpose of finding a child to adopt.
48.825(2)(b)
(b) Advertise that the person will find an adoptive home for a child or arrange for or assist in the adoption or adoptive placement of a child.
.825(2)(c)
(c) Advertise that the person will place a child for adoption.
48.825(3)
(3) This section does not apply to any of the following:
48.825(3)(a)
(a) The department, a county department or a child welfare agency licensed under s. 48.60 to place children for adoption.
48.825(3)(b)
(b) An individual or agency providing adoption information under s. 48.55.
48.825(3)(d)
(d) An individual who has received a favorable recommendation regarding his or her fitness to be an adoptive parent in this state from the department, a
county department or a child welfare agency licensed under s. 48.60 or in another jurisdiction from an entity authorized by that jurisdiction to conduct
studies of potential adoptive homes.
48.825(3)(e)
(e) An individual seeking to place his or her child for adoption.
48.825(4)
(4) Nothing in this section prohibits an attorney licensed to practice in this state from advertising his or her availability to practice or provide services
relating to the adoption of children.
48.825(5)
(5) Any person who violates sub. (2) may be fined not more than $10,000 or imprisoned not more than 9 months or both.
48.825 - ANNOT.
History: 1997 a. 104; 1999 a. 9.
48.825 - ANNOT.
NOTE: 1997 Wis. Act 104, which affected this section, contains explanatory notes.
48.83
48.83 Jurisdiction and venue.
48.83(1)
(1) The court of the county where the proposed adoptive parent or child resides, upon the filing of a petition for adoption or for the adoptive placement
of a child, has jurisdiction over the child until the petition is withdrawn, denied or granted. Venue shall be in the county where the proposed adoptive
parent or child resides at the time the petition is filed. The court may transfer the case to a court in the county in which the proposed adoptive parents
reside.
48.83(2)
(2) If the adoption is denied, jurisdiction over the child shall immediately revert to the court which appointed the guardian, unless the appointing court
is a court of another state or foreign jurisdiction, in which case the court of the county where the child is shall have jurisdiction.
48.83 - ANNOT.
History: 1975 c. 39; 1977 c. 449 s. 497; 1981 c. 81, 391; 1989 a. 161.
48.831
48.831 Appointment of guardian for child without a living parent for adoptability finding.
48.831(1)
(1) Type of guardianship. This section may be used for the appointment of a guardian of a child who does not have a living parent if a finding as to the
adoptability of a child is sought. Except as provided in ss. 48.977 and 48.978, ch. 880 applies to the appointment of a guardian for a child who does not
have a living parent for all other purposes. An appointment of a guardian of the estate of a child who does not have a living parent shall be conducted
in accordance with the procedures specified in ch. 880.
48.831(1m)
(1m) Petition. Any of the following may file a petition for appointment of a guardian for a child who is believed to be in need of protection or services
because he or she is without a living parent as described under s. 48.13 (1):
48.831(1m)(a)
(a) The department.
48.831(1m)(b)
(b) A county department.
48.831(1m)(c)
(c) A child welfare agency licensed under s. 48.61 (5) to accept guardianship.
48.831(1m)(d)
(d) A relative or family member of the child or a person whom the child has resided with and who has also acted as a parent of the child.
48.831(1m)(e)
(e) A guardian appointed under ch. 880 whose resignation as guardian has been accepted by a court under s. 880.17 (1).
48.831(2)
(2) Report. If the department, county department or child welfare agency files a petition, it shall submit a report to the court containing as much of the
information specified under s. 48.425 (1) (a) and (am) as is reasonably ascertainable and, if applicable, the information specified under s. 48.425 (1)
(g). If the petition is filed by a relative or other person specified under sub. (1m) (d), the court shall order the department or a child welfare agency,
if the department or agency consents, or a county department to file a report containing the information specified in this subsection. The department, county
department or child welfare agency shall file the report at least 5 days before the date of the fact-finding hearing on the petition.
48.831(3)
(3) Fact-finding hearing. The court shall hold a fact-finding hearing on the petition, at which any party may present evidence relevant to the issue of
whether the child has a living parent. If the court finds that the child has a living parent, the court shall dismiss the petition or grant the petitioner
leave to amend the petition to a petition under s. 48.42 (1).
48.831(4)
(4) Dispositional hearing.
48.831(4)(a)
(a) If the court, at the conclusion of the fact-finding hearing, finds that the child has no living parent, the court shall proceed to a dispositional hearing.
Any party may present evidence, including expert testimony, relevant to the issue of disposition. In determining the appropriate disposition, the court
shall consider any factors under s. 48.426 (3) (a) to (d) that are applicable.
48.831(4)(b)
(b) If the court finds that adoption is in the child's best interest, the court shall order that the child be placed in the guardianship and custody of
one of the following:
48.831(4)(b)1.
1. A county department authorized to accept guardianship under s. 48.57 (1) (e) or (hm).
48.831(4)(b)2.
2. A child welfare agency licensed under s. 48.61 (5) to accept guardianship.
48.831(4)(b)3.
3. The department.
831(4)(c)
(c) If the court finds that adoption is not in the child's best interest, the court shall order that the child be placed in the guardianship of the department
and place the child in the custody of a county department or, in a county having a population of 500,000 or more, the department or an agency under contract
with the department.
48.831(4)(d)
(d) Section 48.43 (5), (5m) and (7) applies to orders under pars. (b) and (c).
48.831(4)(e)
(e) The court shall order the custodian appointed under par. (b) or (c) to prepare a permanency plan under s. 48.38 for the child within 60 days after the
date of the order. A permanency plan ordered under this paragraph is subject to review under s. 48.38 (5). In preparing a permanency plan, the department,
county department or child welfare agency need not include any information specified in s. 48.38 (4) that relates to the child's parents or returning the
child to his or her home. In reviewing a permanency plan, a court or panel need not make any determination under s. 48.38 (5) (c) that relates to the child's
parents or returning the child to his or her home.
48.831 - ANNOT.
History: 1989 a. 161; 1995 a. 73, 275; 1997 a. 27, 334.
48.832
48.832 Transfer of guardianship upon revocation of guardian's license or contract. If the department revokes the license of a county department licensed
under s. 48.57 (1) (hm) to accept guardianship, or of a child welfare agency licensed under s. 48.61 (5) to accept guardianship, or if the department terminates
the contract of a county department licensed under s. 48.57 (1) (e) to accept guardianship, the department shall file a motion in the court that appointed
the guardian for each child in the guardianship of the county department or agency, requesting that the court transfer guardianship and custody of the child.
The motion may specify a county department or child welfare agency that has consented to accept guardianship of the child. The court shall transfer guardianship
and custody of the child either to the county department or child welfare agency specified in the motion or to another county department under s. 48.57
(1) (e) or (hm) or a child welfare agency under s. 48.61 (5) which consents to the transfer. If no county department or child welfare agency consents, the
court shall transfer guardianship and custody of the child to the department.
48.832 - ANNOT.
History: 1989 a. 161; 1997 a. 27.
48.833
48.833 Placement of children for adoption by the department, county departments and child welfare agencies. The department, a county department under s.
48.57 (1) (e) or (hm) or a child welfare agency licensed under s. 48.60 may place a child for adoption in a licensed foster home or a licensed treatment
foster home without a court order if the department, county department under s. 48.57 (1) (e) or (hm) or the child welfare agency is the guardian of the
child or makes the placement at the request of another agency which is the guardian of the child. Before placing a child for adoption under this section,
the department, county department or child welfare agency making the placement shall consider the availability of a placement for adoption with a relative
of the child who is identified in the child's permanency plan under s. 48.38 or 938.38 or who is otherwise known by the department, county department or
child welfare agency. When a child is placed under this section in a licensed foster home or a licensed treatment foster home for adoption, the department,
county department or child welfare agency making the placement shall enter into a written agreement with the adoptive parent, which shall state the date
on which the child is placed in the licensed foster home or licensed treatment foster home for adoption by the adoptive parent.
48.833 - ANNOT.
History: 1981 c. 81, 384; 1985 a. 176; 1989 a. 336; 1993 a. 446; 1995 a. 275.
48.835
48.835 Placement of children with relatives for adoption.
48.835(1)
(1) Definition. In this section and s. 48.837, "custody" means physical custody of a child by the child's parent not in violation of a custody
order issued by a court. "Custody" does not include physical custody of a child during a period of physical placement with a parent who does not
have legal custody of the child.
48.835(2)
(2) Adoptive placement. A parent having custody of a child may place the child for adoption in the home of a relative of the child without a court order.
48.835(3)
(3) Petition for termination of parental rights required; exception.
48.835(3)(a)
(a) If the child's parent has not filed a petition for the termination of parental rights under s. 48.42, the relative with whom the child is placed shall
file a petition for the termination of the parents' rights at the same time the petition for adoption is filed, except as provided under par. (b).
48.835(3)(b)
(b) If the person filing the adoption petition is a stepparent with whom the child and the child's parent reside, the stepparent shall file only a petition
to terminate the parental rights of the parent who does not have custody of the child.
48.835(4)
(4) Hearings. Notwithstanding s. 48.90 (1) (a), the court may hold the hearing on the adoption petition immediately after entering the order to terminate
parental rights under s. 48.427 (3).
48.835 - ANNOT.
History: 1981 c. 81; 1987 a. 355; 1997 a. 104.
48.835 - ANNOT.
Concurrent TPR/adoption proceedings under s. 48.835 are subject to the requirement under s. 48.422 that the initial hearing be held within 30 days of filing
the petition. In re J.L.F. 168 Wis. 2d 634, 484 N.W.2d 359 (Ct. App. 1992).
48.835 - ANNOT.
Grandparents excluded from petitioning under s. 48.90 (1) (a) had no standing under this section to object to the adoption of their grandchildren. Adoption
of J.C.G. 177 Wis. 2d 424, 501 N.W.2d 908 (Ct. App. 1993).
48.837
48.837 Placement of children with nonrelatives for adoption.
48.837(1)
(1) Adoptive placement. A parent having custody of a child and the proposed adoptive parent or parents of the child may petition the court for placement
of the child for adoption in the home of a person who is not a relative of the child if the home is licensed as a foster home or treatment foster home under
s. 48.62.
48.837(2)
(2) Petition for placement. The petition for adoptive placement shall be verified and shall allege all of the following:
48.837(2)(a)
(a) The name, address and age of the child or the expected birth date of the child.
48.837(2)(b)
(b) The name, address and age of the birth parents and the proposed adoptive parents.
48.837(2)(c)
(c) The identity of any person or agency which solicited, negotiated or arranged the placement of the child with the proposed adoptive parents.
48.837(3)
(3) Petition for termination of parental rights required. The petition under sub. (2) shall be filed with a petition under s. 48.42 for the voluntary consent
to the termination of any existing rights of the petitioning parent or parents.
48.837(4)
(4) Responsibilities of court. On the filing of the petitions under this section the court:
48.837(4)(a)
(a) Shall hold a hearing within 30 days after the date of filing of the petitions, except that the hearing may not be held before the birth of the child.
48.837(4)(b)
(b) Shall appoint counsel or guardians ad litem when required under s. 48.23.
48.837(4)(c)
(c) Shall order the department or a county department under s. 48.57 (1) (e) or (hm) to investigate the proposed adoptive placement, to interview each petitioner,
to provide counseling if requested and to report its recommendation to the court at least 5 days before the hearing on the petition. If a licensed child
welfare agency has investigated the proposed adoptive placement and interviewed the petitioners, the court may accept a report and recommendation from the
child welfare agency in place of the court-ordered report required under this paragraph.
48.837(4)(d)
(d) May, at the request of a petitioning parent, or on its own motion after ordering the child taken into custody under s. 48.19 (1) (c), order the department
or a county department under s. 48.57 (1) (e) or (hm) to place the child, pending the hearing on the petition, in any home licensed under s. 48.62 except
the home of the proposed adoptive parents or a relative of the proposed adoptive parents.
)(e)
(e) Shall, before hearing the petitions under subs. (2) and (3), ascertain whether the child's paternity has been acknowledged under s. 767.62 (1) or a
substantially similar law of another state or adjudicated in this state or another jurisdiction. If any person has filed a declaration of paternal interest
under s. 48.025, the court shall determine the rights of that person. If the child's paternity has not been acknowledged or adjudicated and if no person
has filed a declaration under s. 48.025, the court shall attempt to ascertain the paternity of the child. The court may not proceed with the hearing on
the petitions under this section unless the parental rights of the nonpetitioning parent, whether known or unknown, have been terminated.
48.837(5)
(5) Attendance at hearing. The child, if he or she is 12 years of age or over, and each petitioner shall attend the hearing on the petition under sub. (2).
The child, if he or she is 12 years of age or over, and each parent having custody of the child shall attend the hearing on the petition under sub. (3).
If the parent who has custody of the child consents and the court approves, the proposed adoptive parents may be present at the hearing on the petition
under sub. (3). The court may, for good cause, waive the requirement that the child attend either of the hearings.
48.837(6)
(6) Order of hearings.
48.837(6)(a)
(a) The court shall hold the hearing on the petition under sub. (2) before the hearing on the petition required under sub. (3).
48.837(6)(b)
(b) At the beginning of the hearing held under sub. (2), the court shall review the report that is submitted under s. 48.913 (6). The court shall determine
whether any payments or the conditions specified in any agreement to make payments are coercive to the birth parent of the child or to an alleged or presumed
father of the child or are impermissible under s. 48.913 (4). Making any payment to or on behalf of the birth parent of the child, an alleged or presumed
father of the child or the child conditional in any part upon transfer or surrender of the child or the termination of parental rights or the finalization
of the adoption creates a rebuttable presumption of coercion. Upon a finding of coercion, the court shall dismiss the petitions under subs. (2) and (3)
or amend the agreement to delete any coercive conditions, if the parties agree to the amendment. Upon a finding that payments which are impermissible under
s. 48.913 (4) have been made, the court may dismiss the petition and may refer the matter to the district attorney for prosecution under s. 948.24 (1).
48.837(6)(c)
(c) After the hearing on the petition under sub. (2), the court shall make findings on the allegations of the petition and the report ordered under sub.
(4) (c) and make a conclusion as to whether placement in the home is in the best interest of the child.
48.837(6)(d)
(d) If the proposed placement is approved, the court shall proceed immediately to a hearing on the petition required under sub. (3). If the parental rights
of the parent are terminated, the court shall order the child placed with the proposed adoptive parent or parents and appoint as guardian of the child the
department, a county department under s. 48.57 (1) (e) or (hm) or a child welfare agency licensed to accept guardianship under s. 48.61 (5).
48.837(7)
(7) Investigation and care costs. The proposed adoptive parents shall pay the cost of any investigation ordered under sub. (4) (c), according to a fee schedule
established by the department based on ability to pay, and shall also, if the adoption is completed, pay the cost of any care provided for the child under
sub. (4) (d).
48.837(8)
(8) Attorney representation. The same attorney may not represent the adoptive parents and the birth mother or birth father.
48.837 - ANNOT.
History: 1981 c. 81; 1985 a. 176; 1989 a. 161; 1993 a. 446; 1997 a. 27, 104, 191.
48.837 - ANNOT.
NOTE: 1997 Wis. Act 104, which affected this section, contains explanatory notes.
48.837 - ANNOT.
Cross Reference: See also s. HFS 1.01, Wis. adm. code.
48.837 - ANNOT.
Grandparents are not parties under this section. However, grandparent testimony may be necessary to determine the child's best interest. In Interest of
Brandon S.S. 179 Wis. 2d 114, 507 N.W.2d 94 (1993).
48.837 - ANNOT.
Adoption and termination proceedings in Wisconsin: A reply proposing limiting judicial discretion. Cooper and Nelson, 66 MLR 641 (1983).
48.838
48.838 Foreign adoption fees.
48.838(1)
(1) In this section, "foreign adoption" means the adoption of a child, who is a citizen of a foreign country, in accordance with any of the types
of adoption procedures specified under this subchapter.
48.838(2)
(2) The department may charge a fee of not more than $75 to the adoptive parents for reviewing foreign adoption documents and for providing necessary certifications
and approvals required by state and federal law.
48.838(3)
(3) The department may also charge a fee of not more than $75 to the adoptive parents for the review and certification of adoption documents, and for the
provision of departmental approval of placements as specified in s. 48.97, for adoptions that occur in a foreign country.
48.838 - ANNOT.
History: 1989 a. 31.
48.839
48.839 Adoption of foreign children.
48.839(1)
(1) Bond required.
48.839(1)(a)
(a) Any resident of this state who has been appointed by a court of a foreign jurisdiction as guardian of a child who is a citizen of that jurisdiction,
before bringing the child into this state for the purpose of adopting the child, shall file with the department a $1,000 noncancelable bond in favor of
this state, furnished by a surety company licensed to do business in this state. The condition of the bond shall be that the child will not become dependent
on public funds for his or her primary support before he or she is adopted.
48.839(1)(b)
(b) By filing the bond required under par. (a), the child's guardian and the surety submit to the jurisdiction of the court in the county in which the guardian
resides for purposes of liability on the bond, and appoint the clerk of the court as their agent upon whom any papers affecting their bond liability may
be served. Their liability on the bond may be enforced without the commencement of an independent action.
48.839(1)(c)
(c) If upon affidavit of the department it appears to the court that the condition of the bond has been violated, the court shall order the guardian and
the surety to show cause why judgment on the bond should not be entered for the department. If neither the guardian nor the surety appear for the hearing
on the order to show cause, or if the court concludes after the hearing that the condition of the bond has been violated, the court shall enter judgment
on the bond for the department against the guardian and the surety.
48.839(1)(d)
(d) If custody of the child is transferred under sub. (4) (b) to a county department or child welfare agency before the child is adopted, the department
shall periodically bill the guardian and the surety under s. 46.03 (18) (b) or 46.10 for the cost of care and maintenance of the child until the child is
adopted or becomes age 18, whichever is earlier. The guardian and surety shall also be liable under the bond for costs incurred by the department in enforcing
the bond against the guardian and surety.
48.839(1)(e)
(e) This section does not preclude the department or any other agency given custody of a child under sub. (4) (b) from collecting under s. 46.03 (18) (b)
or 46.10 from the former guardian for costs in excess of the amount recovered under the bond incurred in enforcing the bond and providing care and maintenance
for the child until he or she reaches age 18 or is adopted.
48.839(1)(f)
(f) The department may waive the bond requirement under this subsection.
48.839(2)
(2) Evidence of availability for adoption required.
48.839(2)(a)
(a) Any resident of this state who has been appointed by a court of a foreign jurisdiction as guardian of a child who is a citizen of that jurisdiction
and who intends to bring the child into this state for the purpose of adopting the child shall file with the department a certified copy of the judgment
or order of a court of the foreign jurisdiction or other instrument having the effect under the laws of the foreign jurisdiction of freeing the child for
adoption. If the instrument is not a judgment or order of a court, the guardian shall also file with the department a copy of the law under which the instrument
was issued, unless the department waives this requirement. The guardian shall also file English translations of the court judgment or order or other instrument
and of the law. The department shall return the originals to the guardian and keep on file a copy of each document.
48.839(2)(b)
(b) If the guardian files a judgment or order of a court under par. (a), the department shall review the judgment or order. If the department determines
that the judgment or order has the effect of freeing the child for adoption, if the department has been furnished with a copy of a home study recommending
the guardian as an adoptive parent, if a licensed child welfare agency has been identified to provide the services required under sub. (5) and if the guardian
has filed the bond required under sub. (1), the department shall certify to the U.S. immigration and naturalization service that all preadoptive requirements
of this state that can be met before the child's arrival in the United States have been met.
Unofficial text from Wis Stats. database. See printed Statutes and Wis. Acts for official text under s. 35.18(2) stats. Report errors to the Revisor
of Statutes at (608) 266-2011, FAX 264-6978, send email to the Revisor's Bureau
839(2)(c)
(c) If the guardian files an instrument other than a judgment or order of a court under par. (a), the department shall review the instrument. If the department
determines that the instrument has the effect under the laws of the foreign jurisdiction of freeing the child for adoption, if the department has been furnished
with a copy of a home study recommending the adoptive parents, if a licensed child welfare agency has been identified to provide the services required under
sub. (5) and if the guardian has filed the bond required under sub. (1), the department shall certify to the U.S. immigration and naturalization service
that all preadoptive requirements of this state that can be met prior to the child's arrival in the United States have been met.
48.839(3)
(3) Petition for adoption or termination of parental rights required.
48.839(3)(a)
(a) Within 60 days after the arrival of a child brought into this state from a foreign jurisdiction for the purpose of adoption, the individual who is the
child's guardian shall file a petition to adopt the child, a petition to terminate parental rights to the child, or both. If only a petition to terminate
parental rights to the child is filed under this paragraph, the individual guardian shall file a petition for adoption within 60 days of the order terminating
parental rights. The individual guardian shall file with the court the documents filed with the department under sub. (2) (a).
48.839(3)(b)
(b) Except as provided in par. (a) and sub. (4) (a), the termination of a parent's parental rights to a child who is a citizen of a foreign jurisdiction
is not required prior to the child's adoption by his or her guardian.
48.839(3)(c)
(c) If a petition for adoption is filed under par. (a), the individual guardian filing the petition shall file a copy of the petition with the department
at the time the petition is filed with the court. If the individual guardian filed an instrument other than a court order or judgment under sub. (2) (a),
the department may make a recommendation to the court as to whether the instrument filed has the effect under the laws of the foreign jurisdiction of freeing
the child for adoption.
48.839(3)(d)
(d) If a petition for adoption is filed under par. (a) and the individual guardian filing the petition filed an instrument other than a court order or judgment
under sub. (2) (a), the court shall determine whether the instrument filed has the effect under the laws of the foreign jurisdiction of freeing the child
for adoption. The court shall presume that the instrument has that effect unless there are substantial irregularities on the face of the document or unless
the department shows good cause for believing that the instrument does not have that effect. If the court determines that the instrument does not have the
effect of freeing the child for adoption, the court shall order the petitioner to file a petition to terminate parental rights under s. 48.42 within 10
days.
48.839(3)(e)
(e) If a petition for adoption is filed under par. (a) and the individual guardian filing the petition filed a court order or judgment under sub. (2) (a),
the court order or judgment shall be legally sufficient evidence that the child is free for adoption.
48.839(4)
(4) Transfer of guardianship; forfeiture of bond. If a guardian does not file a petition as required under sub. (3) (a) or (d), or if the petition for adoption
under sub. (3) is withdrawn or denied, the court:
48.839(4)(a)
(a) Shall transfer guardianship of the child to the department, to a county department under s. 48.57 (1) (e) or (hm) or to a child welfare agency under
s. 48.61 (5) and order the guardian to file a petition for termination of parental rights under s. 48.42 within 10 days.
48.839(4)(b)
(b) Shall transfer legal custody of the child to the department, in a county having a population of 500,000 or more, to a county department or to a child
welfare agency licensed under s. 48.60.
48.839(4)(c)
(c) Shall order the guardian who filed the bond under sub. (1) (a) to show cause why the bond should not be forfeited.
48.839(4)(d)
(d) May order that physical custody of the child remain with a suitable individual with whom the child has been living.
48.839(5)
(5) Child welfare services required. Any child welfare agency licensed under s. 48.60 that negotiates or arranges the placement of a child for adoption
under this section shall provide services to the child and to the proposed adoptive parents until the child's adoption is final.
48.839 - ANNOT.
History: 1981 c. 81; 1985 a. 176; 1997 a. 27.
48.839 - ANNOT.
Cross Reference: See also s. HFS 1.01, Wis. adm. code.
48.841
48.841 Persons required to file recommendation as to adoption.
48.841(1)
(1) No adoption of a minor may be ordered without the written recommendation, favorable or unfavorable, of the guardian of the minor, if there is one, as
set forth in s. 48.85.
48.841(2)
(2) If the guardian refuses or neglects to file its recommendation within the time specified in s. 48.85, the court may proceed as though the guardian had
filed a favorable recommendation.
48.85
48.85 Recommendation of guardian.
48.85(1)
(1) At least 10 days prior to the hearing, the guardian shall file its recommendation with the court.
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3) (PART 4) (PART 5)
