Section DCF 53.01 - Introduction(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.Wis. Admin. Code Department of Children and Families DCF 53.01
Cr. Register, October, 1984, No. 346, eff. 11-1-84; am. (1), (2) (a), (e), (g), (h), (i), (m), (n) and (r), Register, January, 1993, No. 445, eff. 2-1-93; correction in (2) (j) made under s. 13.92(4) (b) 6, Stats., Register November 2008 No. 635.