LRB-1029/1
GMM&EHS:kjf:jm
2015 - 2016 LEGISLATURE
February 17, 2015 - Introduced by
Joint Legislative Council. Referred to
Committee on Children and Families.
AB41,1,7
1An Act to repeal 48.838 (3);
to renumber and amend 48.839 (1) and 48.97;
to
2amend 20.437 (1) (jj), 46.03 (18) (b), 46.10 (2), 48.36 (1) (a), 48.81 (6), 48.839 (2),
348.839 (3), 48.839 (4) (intro.), (a) and (c), 48.88 (2) (a) 4., 48.91 (3), 49.32 (1) (b),
449.345 (2), 54.52 (1), 301.03 (18) (b), 301.12 (2) and 632.896 (1) (c) 5.; and
to
5create 48.839 (1d), 48.91 (4) and 48.97 (2) of the statutes;
relating to:
6readoption of a child adopted by a resident of this state under an order of a court
7of a foreign jurisdiction.
Analysis by the Legislative Reference Bureau
This bill is explained in the Notes provided by the Joint Legislative Council in
the bill.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
Joint Legislative Council prefatory note: This bill was prepared for the Joint
Legislative Council's Study Committee on Adoption Disruption and Dissolution.
Under current law, if a child who is a citizen of another country has been adopted
in that country before being brought to Wisconsin, the adoption is legally recognized
under state law only if the Department of Children and Families (DCF) first approved the
placement of the child with the adoptive parents. As is the case with domestic adoptions,
a home study must be completed in order for DCF to approve the placement, but other
aspects of state adoption procedures are not required. The parents then may, but are not
required to, readopt the child under Wisconsin procedures. The child must be readopted,
however, in order to obtain a birth certificate that is recognized by the state for purposes
such as obtaining a driver's license.
This bill requires that, when a child who is a citizen of another country has been
adopted in that country by a parent who is a Wisconsin resident, the child must be
readopted in Wisconsin. The bill provides that the readoption must follow the same
procedure provided under current law for the adoption of a child by a resident of this state
who has been appointed as guardian of the child by a court of the child's home country.
Under this procedure, the parents must file a certified copy of the foreign court's
judgment with DCF and must post a $1,000 bond before bringing the child into the United
States. DCF must then certify to U.S. Citizenship and Immigration Services in the
Department of Homeland Security that all preadoptive requirements under Wisconsin
law have been met, including that the child has been adopted by order of the foreign court,
that the bond has been filed, that DCF has received a copy of a home study recommending
the adoptive parents, that the adoptive parents are receiving services from a licensed
adoption agency, and that the adoptive parents have received the preadoptive training
required under current law. After bringing the child into Wisconsin, the parents are then
required to file a petition to readopt the child within 60 days after that arrival. If the court
is satisfied that the necessary procedural requirements have been met and that the
foreign court order is effective, the court must recognize the adoption granted by the
foreign court and must grant readoption of the child under Wisconsin law.
AB41,1
1Section
1. 20.437 (1) (jj) of the statutes is amended to read:
AB41,2,92
20.437
(1) (jj)
Searches for birth parents and adoption record information;
3foreign adoptions. The amounts in the schedule for paying the cost of searches for
4birth parents under ss. 48.432 (4) and 48.433 (6) and for paying the costs of
5reviewing, certifying
, and approving foreign adoption documents under s. 48.838 (2)
6and (3). All moneys received as fees paid by persons requesting a search under s.
748.432 (3) (c) or (4), 48.433 (6)
, or 48.93 (1r) and paid by persons for the review,
8certification
, and approval of foreign adoption documents under s. 48.838 (2)
and (3) 9shall be credited to this appropriation.
AB41,2
10Section
2. 46.03 (18) (b) of the statutes is amended to read:
AB41,3,811
46.03
(18) (b) Except as provided in s. 46.10 (14) (b) and (c), any person
12receiving services provided or purchased under par. (a) or the spouse of the person
1and, in the case of a minor, the parents of the person, and, in the case of a foreign child
2described in s. 48.839
(1) (1m) who became dependent on public funds for his or her
3primary support before an order granting his or her adoption, the resident of this
4state appointed guardian
or granted adoption of the child by a foreign court who
5brought the child into this state for the purpose of adoption, shall be liable for the
6services in the amount of the fee established under par. (a). If a minor receives
7services without consent of a parent or guardian under s. 51.47, the department shall
8base the fee solely on the minor's ability to pay.
Note: This Section adjusts a cross-reference to the intercountry adoption
procedure that is revised and renumbered under this bill and amends the reference to
include an adoption granted by a court of the child's home country.
AB41,3
9Section
3. 46.10 (2) of the statutes is amended to read:
AB41,4,1510
46.10
(2) Except as provided in subs. (2m) and (14) (b) and (c), any person,
11including
but not limited to a person admitted, committed, protected, or placed under
12s. 975.01, 1977 stats., s. 975.02, 1977 stats., s. 975.17, 1977 stats., s. 55.05 (5), 2003
13stats., and 55.06, 2003 stats., and ss. 51.10, 51.13, 51.15, 51.20, 51.35 (3), 51.37 (5),
1451.45 (10), (11), (12)
, and (13), 55.05, 55.055, 55.12, 55.13, 55.135, 971.14 (2) and (5),
15971.17 (1), 975.06
, and 980.06, receiving care, maintenance, services
, and supplies
16provided by any institution in this state
, including University of Wisconsin Hospitals
17and Clinics, in which the state is chargeable with all or part of the person's care,
18maintenance, services
, and supplies, any person receiving care and services from a
19county department established under s. 51.42 or 51.437 or from a facility established
20under s. 49.73, and any person receiving treatment and services from a public or
21private agency under s. 980.06 (2) (c), 1997 stats., s. 980.08 (5), 2003 stats., or s.
22971.17 (3) (d) or (4) (e) or 980.08 (4) (g) and the person's property and estate, including
23the homestead, and the spouse of the person, and the spouse's property and estate,
1including the homestead, and, in the case of a minor child, the parents of the person,
2and their property and estates, including their homestead, and, in the case of a
3foreign child described in s. 48.839
(1) (1m) who became dependent on public funds
4for his or her primary support before an order granting his or her adoption, the
5resident of this state appointed guardian
or granted adoption of the child by a foreign
6court who brought the child into this state for the purpose of adoption, and his or her
7property and estate, including his or her homestead, shall be liable for the cost of the
8care, maintenance, services
, and supplies in accordance with the fee schedule
9established by the department under s. 46.03 (18). If a spouse, widow
or, minor, or
10an incapacitated person may be lawfully dependent upon the property for
their his
11or her support, the court shall release all or such part of the property and estate from
12the charges that may be necessary to provide for those persons. The department
13shall make every reasonable effort to notify the liable persons as soon as possible
14after the beginning of the maintenance, but the notice or the receipt
thereof of the
15notice is not a condition of liability.
Note: This Section adjusts a cross-reference to the intercountry adoption
procedure that is revised and renumbered under this bill and amends the reference to
include an adoption granted by a court of the child's home country.
AB41,4
16Section
4. 48.36 (1) (a) of the statutes is amended to read:
AB41,5,817
48.36
(1) (a) If legal custody is transferred from the parent or guardian or the
18court otherwise designates an alternative placement for the child by a disposition
19made under s. 48.345 or by a change in placement under s. 48.357, the duty of the
20parent or guardian or, in the case of a transfer of guardianship and custody under
21s. 48.839 (4), the duty of the former guardian
or parent to provide support shall
22continue even though the legal custodian or the placement designee may provide the
23support. A copy of the order transferring custody or designating alternative
1placement for the child shall be submitted to the agency or person receiving custody
2or placement and the agency or person may apply to the court for an order to compel
3the parent or guardian to provide the support. Support payments for residential
4services, when purchased or otherwise funded or provided by the department or a
5county department, shall be determined under s. 49.345 (14). Support payments for
6residential services, when purchased or otherwise funded by the department of
7health services or a county department under s. 51.42 or 51.437, shall be determined
8under s. 46.10 (14).
Note: This Section amends a cross-reference to the intercountry adoption
procedure that is revised under this bill to include the parent in an adoption granted by
a court of the child's home country.
AB41,5
9Section
5. 48.81 (6) of the statutes is amended to read:
AB41,5,1010
48.81
(6) The child is being readopted under s. 48.97
(2).
Note: This Section adjusts a cross-reference to the provision recognizing
adoptions from other jurisdictions that is revised and renumbered under this bill.
AB41,6
11Section
6. 48.838 (3) of the statutes is repealed.
Note: This Section removes the authority for DCF to charge a fee for approval of
a placement under the procedure for statutory recognition of an adoption granted by a
court of a foreign jurisdiction that is replaced in this bill by the requirement to readopt
the child, for which the same fee is already allowed.
AB41,7
12Section
7. 48.839 (1) of the statutes is renumbered 48.839 (1m) and amended
13to read:
AB41,6,214
48.839
(1m) Bond required. (a)
Any Before a resident of this state who has
15been appointed
by a court as guardian or granted adoption of a child who is a citizen 16of a foreign jurisdiction
as guardian of a child who is a citizen by a court of that
17jurisdiction
, before bringing may bring the child into this state for the purpose of
18adopting the child,
the resident shall file with the department a $1,000
19noncancelable bond in favor of this state, furnished by a surety company licensed to
20do business in this state. The condition of the bond shall be that the child will not
1become dependent on public funds for his or her primary support before he or she is
2adopted.
AB41,6,83
(b) By filing the bond required under par. (a), the child's guardian
or parent and
4the surety submit to the jurisdiction of the court in the county in which the guardian
5or parent resides for purposes of liability on the bond, and appoint the clerk of the
6court as their agent upon whom any papers affecting their bond liability may be
7served. Their liability on the bond may be enforced without the commencement of
8an independent action.
AB41,6,159
(c) If upon affidavit of the department it appears to the court that the condition
10of the bond has been violated, the court shall order the guardian
or parent and the
11surety to show cause why judgment on the bond should not be entered for the
12department. If neither the guardian
or parent nor the surety appear for the hearing
13on the order to show cause, or if the court concludes after the hearing that the
14condition of the bond has been violated, the court shall enter judgment on the bond
15for the department against the guardian
or parent and the surety.
AB41,6,2216
(d) If custody of the child is transferred under sub. (4) (b) to a county
17department or child welfare agency before the child is adopted, the department shall
18periodically bill the guardian
or parent and the surety under s. 49.32 (1) (b) or 49.345
19for the cost of care and maintenance of the child until the child is adopted or becomes
20age 18, whichever is earlier. The guardian
or parent and surety shall also be liable
21under the bond for costs incurred by the department in enforcing the bond against
22the guardian
or parent and surety.
AB41,7,223
(e) This section does not preclude the department or any other agency given
24custody of a child under sub. (4) (b) from collecting under s. 49.32 (1) (b) or 49.345
25from the former guardian
or parent for costs in excess of the amount recovered under
1the bond incurred in enforcing the bond and providing care and maintenance for the
2child until he or she reaches age 18 or is adopted.
AB41,7,43
(f) The department may waive the bond requirement under
this subsection par.
4(a).
Note: This Section and the following four Section incorporate readoption of a
child by a resident of this state who has been granted an adoption in the child's home
country into the procedure provided under current law for the adoption of a child by a
resident of this state who has been appointed guardian of the child in the child's home
country.
AB41,8
5Section
8. 48.839 (1d) of the statutes is created to read:
AB41,7,66
48.839
(1d) Definitions. In this section:
AB41,7,97
(a) "Adoption" includes a readoption by a resident of this state who has been
8granted an adoption by a court of a foreign jurisdiction of a child who is a citizen of
9that jurisdiction.
AB41,7,1110
(b) "Parent" means a resident of this state who has been granted an adoption
11by a court of a foreign jurisdiction of a child who is a citizen of that jurisdiction.
Note: This Section specifies that, for purposes of adopting a child who is a citizen
of another country, the "adoption" procedure applies to "readoption" of a child who was
adopted in the child's home country.
AB41,9
12Section
9. 48.839 (2) of the statutes is amended to read:
AB41,8,513
48.839
(2) Evidence of availability for adoption required. (a)
Any A resident
14of this state who has been appointed
by a court as guardian or granted adoption of
15a child who is a citizen of a foreign jurisdiction
as guardian of a child who is a citizen 16by a court of that jurisdiction and who intends to bring the child into this state for
17the purpose of adopting the child shall file with the department a certified copy of the
18judgment or order of a court of the foreign jurisdiction or other instrument having
19the effect under the laws of the foreign jurisdiction of freeing the child for adoption
20or of granting adoption to the parent. If the instrument is not a judgment or order
1of a court, the guardian
or parent shall also file with the department a copy of the
2law under which the instrument was issued, unless the department waives this
3requirement. The guardian
or parent shall also file English translations of the court
4judgment or order or other instrument and of the law. The department shall return
5the originals to the guardian
or parent and keep on file a copy of each document.
AB41,8,186
(b) If the guardian
or parent files a judgment or order of a court under par. (a),
7the department shall review the judgment or order. If the department determines
8that the judgment or order has the effect of freeing the child for adoption
or of
9granting adoption to the parent, if the department has been furnished with a copy
10of a home study
that was conducted as provided in s. 48.88 (2) recommending the
11guardian
or parent as an adoptive parent, if a licensed child welfare agency has been
12identified to provide the services required under sub. (5), if the guardian
or parent 13has filed the bond required under sub.
(1) (1m), and if the guardian
or parent has
14completed the preadoption preparation required under s. 48.84 (1) or the department
15has determined that the guardian
or parent is not required to complete that
16preparation, the department shall certify to the U.S.
citizenship and immigration
17and naturalization service services that all preadoptive requirements of this state
18that can be met before the child's arrival in the United States have been met.
AB41,9,719
(c) If the guardian
or parent files an instrument other than a judgment or order
20of a court under par. (a), the department shall review the instrument. If the
21department determines that the instrument has the effect under the laws of the
22foreign jurisdiction of freeing the child for adoption
or of granting adoption to the
23parent, if the department has been furnished with a copy of a home study
that was
24conducted as provided in s. 48.88 (2) recommending the adoptive parents, if a
25licensed child welfare agency has been identified to provide the services required
1under sub. (5), if the guardian
or parent has filed the bond required under sub.
(1) 2(1m), and if the guardian
or parent has completed the preadoption preparation
3required under s. 48.84 (1) or the department has determined that the guardian
or
4parent is not required to complete that preparation, the department shall certify to
5the U.S.
citizenship and immigration
and naturalization service services that all
6preadoptive requirements of this state that can be met prior to the child's arrival in
7the United States have been met.
AB41,10
8Section
10. 48.839 (3) of the statutes is amended to read:
AB41,9,179
48.839
(3) Petition for adoption or termination of parental rights required. 10(a) Within 60 days after the arrival of a child brought into this state from a foreign
11jurisdiction for the purpose of adoption, the individual who is the child's guardian
or
12parent shall file a petition to adopt the child, a petition to terminate parental rights
13to the child, or both. If only a petition to terminate parental rights to the child is filed
14under this paragraph, the individual guardian
or parent shall file a petition for
15adoption within 60 days of the order terminating parental rights. The individual
16guardian
or parent shall file with the court the documents filed with the department
17under sub. (2) (a).
