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Bills · 2015-2016 Regular Session

SB 386

Became law Official bill text Atom feed

Relating to: access by a birth parent whose parental rights have been terminated in this state to identifying information about his or her child and access to medical and genetic information about such a birth parent. (FE)

Children — Adoption Children — Protection and services Children and families, department of Death Family

  1. Introduced, completed
  2. Passes Senate, completed
  3. Passes Assembly, completed
  4. Governor signs, completed
  5. Law, completed

Unfamiliar terms? Glossary

What this bill does

Plain-language analysis by the nonpartisan Legislative Reference Bureau

Introduction

This bill: 1) permits a person 18 years of age or over whose birth parent's

parental rights have been terminated in this state to file an affidavit with the

Department of Children and Families (DCF) authorizing DCF to provide the person's

birth parent with identifying information about the person; and 2) makes certain

changes with regard to access to medical and genetic information about such a birth

parent.

Access to identifying information

Under current law, DCF administers an adoption search program under which

a person 18 years of age or over whose birth parent's parental rights have been

terminated in this state may request DCF to provide the person with any information

that is available to DCF regarding the identity and location of the person's birth

parents. DCF may provide the identity and location of a birth parent only if DCF has

on file an unrevoked affidavit from each known birth parent authorizing DCF to

disclose that information. If DCF does not have on file an unrevoked affidavit from

each known birth parent, DCF must search for each birth parent who has not filed

an affidavit and, upon locating a birth parent, must give the birth parent an

opportunity to file an affidavit. If a known birth parent cannot be located, DCF may

disclose the requested information if the other birth parent has filed an unrevoked

affidavit. If a birth parent who has not filed an affidavit is known to be deceased,

DCF may not provide the identity of that birth parent but may provide the identity

and location of the other birth parent if the other birth parent has filed an unrevoked

affidavit and if one year has elapsed since the death of the deceased birth parent.

This bill requires DCF to disclose the identity of a birth parent who is known

to be deceased, including the requester's original birth certificate if both parents are

deceased or if one parent is deceased and the other has an affidavit on file authorizing

the release of the original birth certificate.

Current law does not include a comparable procedure under which a birth

parent, or a person who may be a biological parent and whose parental rights to a

person have been terminated (possible parent), may obtain identifying information

about a person who was, or may have been, his or her child. This bill establishes such

a procedure.

Specifically, the bill: 1) permits any person 18 years of age or over whose birth

parent's or possible parent's parental rights have been terminated in this state to file

with DCF an affidavit authorizing DCF to provide the birth parent or possible parent

with any available information about the identity and location of the person; 2)

permits any birth parent or possible parent whose parental rights have been

terminated in this state to request DCF to provide the birth parent or possible parent

with any available information about the identity and location of any person 18 years

of age or over who was, or may have been, his or her child; and 3) requires DCF to

What it would cost

Fiscal estimates filed by state agencies, as official PDFs

Sponsors

Introduced by: Darling (R) , Marklein (R) , Nass (R) , Olsen (R) , Ringhand (D)

15 cosponsors

A. Ott (R) , Ballweg (R) , Bowen (D) , Czaja (R) , E. Brooks (R) , Harris Dodd (D) , Horlacher (R) , Jacque (R) , Kitchens (R) , L. Taylor (D) , Lassa (D) , Novak (R) , R. Brooks (R) , Rohrkaste (R) , Steffen (R)

Votes

Senate: Report passage recommended by Committee on Health and Human Services, Ayes 5, Noes 0

Passed 5–0 Jan 8, 2016 official source full page

No individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.

Full history

  1. Nov 12, 2015 · Senate

    Introduced by Senators Olsen, Darling, Marklein, Nass and Ringhand; cosponsored by Representatives Novak, Ballweg, Bowen, E. Brooks, R. Brooks, Czaja, Horlacher, Jacque, Kitchens, A. Ott, Rohrkaste and Steffen

  2. Nov 12, 2015 · Senate

    Read first time and referred to Committee on Health and Human Services

  3. Dec 8, 2015 · Senate

    Fiscal estimate received

  4. Jan 6, 2016 · Senate

    Public hearing held

  5. Jan 6, 2016 · Senate

    Executive action taken

  6. Jan 8, 2016 · Senate

    Senator Harris Dodd added as a coauthor

  7. Jan 8, 2016 · Senate

    Report passage recommended by Committee on Health and Human Services, Ayes 5, Noes 0

  8. Jan 8, 2016 · Senate

    Available for scheduling

  9. Jan 11, 2016 · Senate

    Placed on calendar 1-12-2016 pursuant to Senate Rule 18(1)

  10. Jan 12, 2016 · Senate

    Senator Lassa added as a coauthor

  11. Jan 12, 2016 · Senate

    Read a second time

  12. Jan 12, 2016 · Senate

    Ordered to a third reading

  13. Jan 12, 2016 · Senate

    Rules suspended

  14. Jan 12, 2016 · Senate

    Read a third time and passed

  15. Jan 12, 2016 · Senate

    Ordered immediately messaged

  16. Jan 12, 2016 · Assembly

    Received from Senate

  17. Jan 12, 2016 · Senate

    Senator L. Taylor added as a coauthor

  18. Jan 14, 2016 · Assembly

    Read first time and referred to committee on Rules

  19. Jan 14, 2016 · Assembly

    Placed on calendar 1-19-2016 by Committee on Rules

  20. Jan 19, 2016 · Assembly

    Rules suspended to withdraw from calendar and take up

  21. Jan 19, 2016 · Assembly

    Read a second time

  22. Jan 19, 2016 · Assembly

    Ordered to a third reading

  23. Jan 19, 2016 · Assembly

    Rules suspended

  24. Jan 19, 2016 · Assembly

    Read a third time and concurred in

  25. Jan 19, 2016 · Assembly

    Ordered immediately messaged

  26. Jan 19, 2016 · Senate

    Received from Assembly concurred in

  27. Feb 3, 2016 · Senate

    Report correctly enrolled

  28. Feb 3, 2016 · Senate

    Presented to the Governor on 2-3-2016

  29. Feb 4, 2016 · Senate

    Report approved by the Governor on 2-4-2016. 2015 Wisconsin Act 134

  30. Feb 4, 2016 · Senate

    Published 2-5-2016