Section 53.04. Department and agency responsibilities.

  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 .

History: Cr. Register, October, 1984, No. 346 , eff. 11-1-84; correction in (2) (b) made under s. 13.93 (2m) (b) 7., Stats., Register, June, 2001, No. 546 ; corrections in (2) (b) and (e) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635 .