Wisconsin Administrative Code
Department of Children and Families
DCF 021-99 - Safety and Permanence
Chapter DCF 53 - Adoption information search and disclosure
Section DCF 53.04 - Department and agency responsibilities
Universal Citation: WI Admin Code § DCF 53.04
Current through November 25, 2024
An effective and responsible adoption search program depends on a cooperative working relationship between the department and agencies and a clear delineation of their respective responsibilities as specific under this section.
(1) DEPARTMENT RESPONSIBILITIES.
(a) The department shall
diligently conduct adoption searches in accordance with ss.
48.432(4) (b)
and 48.433(6) (a),
Stats., when specifically requested to conduct a search or when a request is
received but no existing agency provided services for the adoption or the
agency that provided adoption services does not have a current interagency
agreement with the department under par. (b).
(b) The department may delegate authority
granted under ss. 48.432 and
48.433, Stats., to an agency to
conduct adoption searches but only through a written interagency agreement
signed by authorized representatives of the department and the agency. The
department shall monitor adoption searches conducted by the agency.
(c) The department shall, upon request,
provide adoption search assistance to the agency conducting a search under the
interagency agreement in accordance with specific provisions of the interagency
agreement.
(2) AGENCY RESPONSIBILITIES.
(a) Agencies shall direct
all requests for adoption searches that they receive to the department for
processing, except as provided by court order. At no time may an agency act on
its own in providing requesters with adoption information except under the
terms and conditions of an interagency agreement, as allowed by s.
48.432(7),
Stats., in response to a court order or if the information is already on file
and disclosure is allowed by s.
48.93(1r),
Stats.
(b) All agencies shall make
adoption record information available to department staff conducting searches
and cooperate in searches upon request of the department as specified in s.
48.432(4) (b), Stats., s.
DCF
54.05(1) and this chapter.
(c) When a petition for termination of
parental rights is filed with a court, the agency required under s.
48.425(1),
Stats., or directed by the court under s.
48.425(3),
Stats., to file a report with the court shall prepare a medical record on the
child for the court on a form provided by the department within 60 days of the
petition for termination of parental rights.
(d) Agencies operating under an interagency
agreement shall diligently conduct adoption searches, except when the requester
specifies that he or she prefers that the department conduct the
search.
(e) When any agency is
asked to disclose information from a record of final adoption, the agency may
disclose the information only as allowed under ss.
48.432, 48.433 and 48.93(1r),
Stats., and s.
DCF
53.06.
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