Wisconsin Administrative Code
Department of Children and Families
DCF 021-99 - Safety and Permanence
Chapter DCF 53 - Adoption information search and disclosure
Section DCF 53.01 - Introduction
Universal Citation: WI Admin Code ยง DCF 53.01
Current through August 26, 2024
(1) This chapter is promulgated under the authority of ss. 48.432(9) and 48.433(11), Stats., to establish procedures for the way in which searches for information about adopted persons and birth parents are carried out, access is permitted to medical and genetic information and to information about birth parent identity and location, and information is recorded and reported to the department by adoption agencies and courts when parental rights are terminated. This chapter also establishes procedures to ensure sensitive treatment of adopted persons, birth parents, adoptive parents, agencies and all others who may be affected by the search for and disclosure of medical and genetic information about adopted persons and birth parents and about birth parent identity and location.
(2) DEFINITIONS. As used in this chapter:
(a) "Adopted person" means a
person whose birth parents have had their parental rights terminated in this
state at any time or who has been adopted in this state with the consent of his
or her birth parent or parents before February 1, 1982.
(b) "Adoption record information" means all
records that the department or agency has accumulated pertaining to the
termination of parental rights, the development of an adoption case plan and
the supervision and monitoring of an adoption placement, including the adoptive
home study, birth parent and family records, foster home placement records,
planning card files and adoptive placement materials.
(c) "Adoption search" means the functions and
activities of department or agency staff carried out to locate specific birth
parents, birth parent relatives or other persons or agencies who could assist
in locating birth parents, for the purpose of obtaining medical and genetic
information or birth parent identity and location information.
(d) "Adoption search program" means the
department program responsible for either conducting searches or delegating
responsibility to agencies to conduct searches for medical and genetic
information and birth parent identity and location on behalf of persons
specified under ss.
48.432(3) (a) and
48.433(3) (b), Stats.
(e) "Affidavit" means a sworn written
statement from a birth parent giving the department authorization to release
that birth parent's identity and location to the requesting adopted person who
is at least 21 years of age.
(f)
"Agency" means a county agency providing child welfare services under s.
48.56(1),
Stats., or a child-placing agency licensed under s.
48.60,
Stats.
(g) "Birth parent" means
either the mother designated on the adopted person's original birth certificate
or the adjudicated father or, if there is no adjudicated father, the husband of
the mother at the time of the adopted person's conception, birth or subsequent
legitimation, whose rights to the adopted person have been terminated in this
state or who consented to the adoption of his or her child before February 1,
1982.
(h) "Birth relatives" means
the adopted person's birth parents, grandparents, aunts, uncles, brothers and
sisters.
(i) "Centralized birth
record file" means the file established by the department containing
affidavits, medical and genetic information, birth parent identity and location
and other information received by the department which pertains to the birth
family and the adopted person.
(j)
"Department" means the Wisconsin department of children and families.
(k) "Fee for service" means the charge made
by the department or agency to the requester for the cost of an adoption search
for birth parents in order to obtain medical and genetic information and birth
parent identity and location, as required under ss.
48.432(4) (d) and
48.433(6) (d), Stats.
(L) "Identifying information" means any
information which discloses the name, location or identity of a birth
parent.
(m) "Medical and genetic
information" means any available medical, genetic, psychiatric or psychological
history of the adopted person's birth parents and the adopted person's other
birth relatives and is not limited to information contained in the medical
record as defined in s.
48.425(1) (am), Stats.
(n) "Medical emergency" means a situation in
which a licensed physician has determined that the life or health of the
adopted person is in imminent danger or that treatment without the medical and
genetic information could be injurious to the adopted person's
health.
(o) "Nonidentifying social
history information" has the meaning prescribed in s.
48.02(12m),
Stats.
(p) "Program information"
means information about the adoption search program which the department
provides to requesters, agencies, courts and the general public, except that it
does not include adoption record information.
(q) "Requester" means a person specified in
s.
48.432(3) (a), Stats., who is seeking medical and
genetic information, or a person specified in s.
48.433(3),
Stats., who wants his or her original birth certificate or is seeking
information about birth parent identity and location.
(r) "Sibling" means a brother or sister
having at least one birth parent in common with the adopted person.
Disclaimer: These regulations may not be the most recent version. Wisconsin may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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