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

Current through June 24, 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.