Wisconsin 2019-2020 Regular Session Status: Passed Assembly 9 R cosponsors

AB 561 — Relating to: postadoption contact agreements.

Last action — Failed to concur in pursuant to Senate Joint Resolution 1

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Assembly
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2019-2020 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

174 added · 29 removed

Plain-language change summary

The recent amendments to Bill AB 561 focus on clarifying how post-adoption contact agreements between birth parents and adoptive parents can be formed and enforced. The key changes include provisions for either a mutual agreement between the parties or, if they cannot reach an agreement, a court's involvement to appoint a mediator or arbitrator. Additionally, the bill specifies that these contact agreements cannot be enforced during certain circumstances, such as when the child is placed outside of the adoptive home or if the birth parent is denied physical placement. These updates aim to protect the rights of all parties involved while providing a structured framework for maintaining relationships after adoption.

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- 2020 LEGISLATURE LRBa0689/3 EAW:skw&wlj ASSEMBLY AMENDMENT 1, TO ASSEMBLY BILL 561 December 6, 2019 - Offered by Representative ITTRIC.
- 2020 LEGISLATURE LRB-4080/1 EAW:skw ASSEMBLY BILL 561 October 23, 2019 - Introduced by Representatives DITTRICH, LUMER , BALLWEG , FELZKOWSKI , AMES , KERKMAN , KUL, M AGNAFIC, M ILRO, M URPHY, MURSAU , R AMTHUN , TUSLER, THIESFELDT, TRANEL , BORN , VANDERM EER and T ITTL, cosponsored by Senators OLSEN , ACQUE, DARLING and C OWLES.
At the locations indicated, amend the bill as follows:
Referred to Committee on Family Law.
A N A CT to amend 48.426 (3) (c) and 48.92 (2);
andto create 48.425 (1) (h), 48.43 (2) (c) and 48.905 of the statutes;
relating to:
postadoption contact agreements.
Analysis by the Legislative Reference Bureau This bill allows a proposed adoptive parent and a birth parent or other relative with whom a child has a substantial relationship to enter into an agreement for postadoption contact and allows a court to approve such an agreement.
Under current law, there is no mechanism to formalize or enforce an agreement entered into between a birth parent or other relative and a proposed adoptive parent for postadoption contact, commonly known as an “open adoption.” Under current law, a termination of parental rights order and an adoption permanently severs the child's legal relationship with the birth parent and other relatives and creates the legal relationship of parent and child between the child and the adoptive parent.
However, the Wisconsin Supreme Court has stated that in a proceeding for the termination of parental rights, when considering the impact on the child of severing the legal relationship between a parent or other relatives, a court may, in its discretion, afford due weight to an adoptive parent's stated intent to permit continued visitation between the child and the parent or other relatives, while bearing in mind that such a promise is legally unenforceable after the termination of parental rights and adoption.
State v.
Margaret H., 2000 WI 42, ¶¶ 29-30.
Under the bill, a proposed adoptive parent and a birth parent or other relative with whom the child has a substantial relationship may enter into an agreement for - 2020 Legislature - 2 - LRB-4080/1 EAW:skw ASSEMBLY BILL 561 postadoption contact privileges.
Under the bill, a court is required to consider the terms of any such agreement when considering the impact on the child of severing the child's relationship with the parent or other relative.
Under the bill, a postadoption contact agreement may control the types and frequency of contact that the parties agree to.
A court in an action to terminate parental rights may approve a postadoption contact agreement if the agreement meets certain requirements, as specified under the bill.
The bill also specifies how an agreement may be modified, terminated, or enforced.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
S ECTION 1.
48.425 (1) (h) of the statutes is created to read:
48.425(1) (h) A statement as to whether a postadoption contact agreement has been entered into under s.
48.905.
If such an agreement has been entered into, the agency or tribal child welfare department shall attach a copy of the agreement to the report.
S ECTION 2.
48.426 (3) (c) of the statutes is amended to read:
48.426 (3) (c) Whether the child has substantial relationships with the parent or other family members, and whether it would be harmful to the child to sever these those relationships.
In determining whether it would be harmful to the child to sever those relationships, the court shall consider the terms of any postadoption contact agreement that has been entered into under s.
48.905.
S ECTION 3.
48.43 (2) (c) of the statutes is created to read:
48.43 (2) (c) A court may approve a postadoption contact agreement entered into under s.
48.905.
S ECTION 4.
48.905 of the statutes is created to read:
48.905 Postadoption contact agreement.
(1) P ARTIES.A proposed adoptive parent may enter into a postadoption contact agreement with a parent of the child LRB-4080/1 - 2020 Legislature - 3 - EAW:skw SECTION 4 ASSEMBLY BILL 561 who is the subject of the adoption or with another relative with whom the child has a substantial relationship.
(2) ERMS.
A postadoption contact agreement shall contain all of the following provisions:
(a) An acknowledgment by the parent or relative that failure to comply with the terms of the agreement is not grounds to revoke the termination of the parent's rights or the adoption.
An acknowledgment under this paragraph is not required if s.
48.028 and the federal Indian Child Welfare Act, 25 USC 1901 to 1963, apply to the proceeding.
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(b) A statement by each party to the agreement that the agreement was entered into voluntarily, that the terms of the agreement are understood, that no promises or threats were made to coerce a party to enter into the agreement, and that no representations have been relied upon other than those contained in the agreement.
(c) An acknowledgment that if a dispute arises about fulfillment of the terms of the agreement, the parties shall participate, or attempt to participate, in good faith, in mediation or an alternative dispute resolution process, with the mediator or arbitrator to be selected by the adoptive parent.
(d) A description of the postadoption contact and frequency of contact agreed to by the proposed adoptive parent.
Contact may include any of the following:
Page 3, line 17:
Sharing of information about the child between the adoptive parent and parent or relative.
delete “the adoptive parent" and substitute “mutual agreement of the parties or, if the parties cannot agree, the court".
Page 5, line 23:
Sharing of the parent's or relative's medical history.
afterNFORCEMENT." insert “(a)".
Page 6, line 8:
Written, oral, or electronic communication between the child and parent or relative.
delete that line and substitute “by mutual agreement of the parties.
- 2020 Legislature - 4 - LRB-4080/1 EAW:skw ASSEMBLY BILL 561 SECTION 4 4.
If the parties cannot agree on a mediator or arbitrator, the court shall appoint the mediator or arbitrator within 30 days of a request by any party.
Visitation by the parent or relative with the child under specified conditions or conditions that may be set by the proposed adoptive parent at the time of visitation.
The mediator or arbitrator's fees shall be paid equally by”.
(3) APPROVAL.
In a proceeding to terminate parental rights or a proceeding to grant an adoption, a court may approve a postadoption contact agreement if it finds all of the following:
(a) The agreement contains all of the provisions specified in sub.
(2), and the court is satisfied that the proposed adoptive parent and the parent or relative understand those provisions.
(b) The agreement is signed by the proposed adoptive parent and parent or relative.
(c) An agency having guardianship, legal custody, or supervision of the child, the child's guardian ad litem, and, in the case of an Indian child, the Indian child's tribe, have submitted favorable recommendations for approval of the postadoption contact agreement.
(d) The court determines that the parent or relative will not undermine the proposed adoptive parent's relationship with the child.
(e) The court determines that the parent or relative will not act in a manner that is contrary to the proposed adoptive parent's parenting decisions that are related to the child's physical, emotional, educational, or spiritual welfare.
(f) The court determines by clear and convincing evidence that approval of the agreement is in the best interests of the child.
In considering the best interests of the child under this section, the court shall consider all of the following:
1.
Whether the child has a substantial relationship with the parent or relative, and whether it would be harmful to the child not to preserve that relationship.
LRB-4080/1 - 2020 Legislature - 5 - EAW:skw SECTION 4 ASSEMBLY BILL 561 2.
The needs of the child and how those needs would be affected by postadoption contact with the parent or relative as provided under the agreement.
3.
The wishes of the child, which may be communicated by the child, or through the child's guardian ad litem or other appropriate professional.
Page 6, line 10:
Any other factor that the court determines is relevant to the best interests of the child.
after that line insert:
(4) STIPULATED MODIFICATIO.
“(b) An agreement under this section is not enforceable for any period during which the child has been placed outside of the adoptive parent's home under ch.
At any time after approval of an agreement by a court, an adoptive parent may agree to modify the postadoption contact agreement with the former parent or relative.
48 or 938, or during which the parent is denied physical placement with the child in a court order under ch.
The modified agreement shall be in writing, signed by the parties, and shall be submitted to the court.
767.
The court may approve the modified agreement, without a hearing, if it finds by clear and convincing evidence that modification of the agreement is in the best interests of the child.
LRBa0689/3 - 2020 Legislature - 2 - EAW:skw&wlj (7) LIMITATION.
(5) P ETITION TO MODIFY OR TERMINATE.
An agreement under this section does not affect a tribal right under s.
At any time after approval of an agreement by a court, an adoptive parent may petition the court for modification or termination of the postadoption contact agreement.
48.028 or under the federal Indian Child Welfare Act, 25 USC 1901 to 1963, and may not impair a cultural contact agreement or other agreement made between the adoptive parents of a child and an Indian tribe.”.
The court shall schedule a hearing on the petition, with notice to the adoptive parent, former parent or relative, an agency that had guardianship, legal custody, or supervision of the child before the adoption, and, in the case of an Indian child, the Indian child's tribe.
5.
The court may modify or terminate the agreement, after a hearing, if it finds by clear and convincing evidence that modification or termination of the agreement is in the best interests of the child and that there has been a substantial change in circumstances since the agreement was approved by the court.
Page 6, line 23:
(6) ENFORCEMENT .
after that line insert:
A party may petition the court for enforcement of the terms of the agreement after attempting mediation or an alternative dispute resolution process in good faith to obtain specific performance of the terms of the agreement.
“SECTION 6m.
- 2020 Legislature - 6 - LRB-4080/1 EAW:skw ASSEMBLY BILL 561 SECTION 4 The court shall schedule a hearing on the petition, with notice to the adoptive parent, former parent or relative, an agency that had guardianship, legal custody, or supervision of the child before the adoption, and, in the case of an Indian child, the Indian child's tribe.
0Initial applicability.
The court may order specific performance of the terms of the agreement, after a hearing, if it finds by clear and convincing evidence that enforcement is in the best interests of the child.
(1) This act first applies to a termination of parental rights petition filed on the effective date of this subsection.”.
In first attempting mediation or an alternative dispute resolution process, the mediator or arbitrator shall be selected by the adoptive parent, with the mediator or arbitrator's fees to be paid equally by the adoptive parent and former parent or relative unless agreed otherwise in the mediation or ordered otherwise by the arbitrator or the court.
SECTION 5.
48.92 (2) of the statutes is amended to read:
48.92 (2) After the order of adoption is entered the relationship of parent and child between the adopted person and the adopted person's birth parents and the relationship between the adopted person and all persons whose relationship to the adopted person is derived through those birth parents shall be completely altered and all the rights, duties, and other legal consequences of those relationships shall cease to exist, unless the birth parent is the spouse of the adoptive parent, in which case those relationships shall be completely altered and those rights, duties, and other legal consequences shall cease to exist only with respect to the birth parent who is not the spouse of the adoptive parent and all persons whose relationship to the adopted person is derived through that birth parent.
Notwithstanding the extinction of all parental rights under this subsection, a court may approve a postadoption contact agreement under s.
48.905 or order reasonable visitation under s.
48.925.
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Action History

  1. Failed to concur in pursuant to Senate Joint Resolution 1

  2. Read first time and referred to committee on Universities, Technical Colleges, Children and Families

  3. Received from Assembly

  4. Ordered immediately messaged

  5. Read a third time and passed

  6. Rules suspended

  7. Ordered to a third reading

  8. Assembly Amendment 1 adopted

  9. Read a second time

  10. Representative Milroy withdrawn as a coauthor

  11. Placed on calendar 1-15-2020 by Committee on Rules

  12. Referred to committee on Rules

  13. Report passage as amended recommended by Committee on Family Law, Ayes 7, Noes 2

  14. Report Assembly Amendment 1 adoption recommended by Committee on Family Law, Ayes 9, Noes 0

  15. Executive action taken

  16. Representative Snyder added as a coauthor

  17. Assembly Amendment 1 offered by Representative Dittrich

  18. Representative Edming added as a coauthor

  19. Public hearing held

  20. Read first time and referred to Committee on Family Law

  21. Introduced by Representatives Dittrich, Plumer, Ballweg, Felzkowski, James, Kerkman, Kulp, Magnafici, Milroy, Murphy, Mursau, Ramthun, Tusler, Thiesfeldt, Tranel, Born, VanderMeer and Tittl; cosponsored by Senators Olsen, Jacque, Darling and Cowles

Sponsors

Sponsorship breakdown

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18 sponsors · 0 co-sponsors · 114 not signed on

Sponsors (18)

Co-sponsors (0)

None.

Not signed on (114)

114 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Frequently asked questions

Who sponsors AB 561?
AB 561 is sponsored by Plumer, Ballweg, Felzkowski, Mary (Republican), James, Kerkman, Kulp, Magnafici, Milroy, Murphy, David (Republican), Mursau, Jeffrey (Republican), Ramthun, Tusler, Ron (Republican), Thiesfeldt, Tranel, Travis (Republican), Born, Mark (Republican), VanderMeer, Nancy (Republican), Tittl, Paul (Republican), and Dittrich, Barbara (Republican).
What is the current status of AB 561?
This bill died with 2019-2020 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 561?
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