48.825 Advertising related to adoption.
(1) In this section:
(a) “Advertise" means to communicate by any public medium that originates within this state, including by newspaper, periodical, telephone book listing, outdoor advertising sign, radio, or television, or by any computerized communication system, including by electronic mail, Internet site, Internet account, or any similar medium of communication provided via the Internet.
(b) “Another jurisdiction" means a state of the United States other than Wisconsin, the District of Columbia, the Commonwealth of Puerto Rico, any territory or insular possession subject to the jurisdiction of the United States or an Indian tribe.
(c) “Internet account" means an account created within a bounded system established by an Internet-based service that requires a user to input or store access information in an electronic device in order to view, create, use, or edit the user's account information, profile, display, communications, or stored data.
(2) Except as provided in sub. (3), no person may do any of the following:
(a) Advertise for the purpose of finding a child to adopt or to otherwise take into permanent physical custody.
(b) Advertise that the person will find an adoptive home or any other permanent physical placement for a child or arrange for or assist in the adoption, adoptive placement, or any other permanent physical placement of a child.
(c) Advertise that the person will place a child for adoption or in any other permanent physical placement.
(3) This section does not apply to any of the following:
(a) The department, a county department, or a child welfare agency licensed under s. 48.60 to place children for adoption, in licensed foster homes or group homes, or in the homes of guardians under s. 48.977 (2).
(b) An individual or agency providing adoption information under s. 48.55.
(c) A foster care and adoption resource center funded by this state or a postadoption resource center funded by this state.
(d) An individual who has received a favorable recommendation regarding his or her fitness to be an adoptive parent in this state from the department, a county department or a child welfare agency licensed under s. 48.60 or in another jurisdiction from an entity authorized by that jurisdiction to conduct studies of potential adoptive homes.
(3m) No person may publish by a public medium an advertisement that violates this section. If the owner, agent, or employee of the public medium receives a copy of the license of the person or agency requesting the advertisement that indicates that the person or agency is licensed to provide adoption services in this state, there is a rebuttable presumption that the advertisement does not violate this section.
(4) Nothing in this section prohibits an attorney licensed to practice in this state from advertising his or her availability to practice or provide services relating to the adoption of children.
(5) Any person who violates sub. (2) or (3m) may be fined not more than $10,000 or imprisoned not more than 9 months or both.
History: 1997 a. 104; 1999 a. 9; 2005 a. 293; 2009 a. 94; 2013 a. 314.
NOTE: 1997 Wis. Act 104, which affected this section, contains explanatory notes.
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
48.01 - Title and legislative purpose.
48.025 - Declaration of paternal interest in matters affecting children.
48.027 - Child custody jurisdiction.
48.028 - Indian child welfare.
48.029 - Pregnancy testing prohibited.
48.03 - Time and place of court; absence or disability of judge; court of record.
48.035 - Court; Menominee and Shawano counties.
48.067 - Powers and duties of intake workers.
48.069 - Powers and duties of disposition staff.
48.07 - Additional sources of court services.
48.08 - Duties of person furnishing services to court.
48.09 - Representation of the interests of the public.
48.10 - Power of the judge to act as intake worker.
48.13 - Jurisdiction over children alleged to be in need of protection or services.
48.14 - Jurisdiction over other matters relating to children.
48.15 - Jurisdiction of other courts to determine legal custody.
48.16 - Jurisdiction over petitions for waiver of parental consent to a minor's abortion.
48.19 - Taking a child into custody.
48.193 - Taking an adult expectant mother into custody.
48.195 - Taking a newborn child into custody.
48.20 - Release or delivery of child from custody.
48.203 - Release or delivery of adult expectant mother from custody.
48.205 - Criteria for holding a child or expectant mother in physical custody.
48.207 - Places where a child or expectant mother may be held in nonsecure custody.
48.208 - Criteria for holding a child in a juvenile detention facility.
48.209 - Criteria for holding a child in a county jail.
48.21 - Hearing for child in custody.
48.213 - Hearing for adult expectant mother in custody.
48.215 - Mother-young child care program.
48.217 - Change in placement; child or expectant mother held in custody.
48.233 - Five-county pilot program.
48.236 - Court-appointed special advocate.
48.24 - Receipt of jurisdictional information; intake inquiry.
48.243 - Basic rights: duty of intake worker.
48.245 - Informal disposition.
48.25 - Petition: authorization to file.
48.255 - Petition; form and content.
48.257 - Petition to initiate a procedure to waive parental consent prior to a minor's abortion.
48.263 - Amendment of petition.
48.273 - Service of summons or notice; expense.
48.275 - Parents' contribution to cost of court and legal services.
48.28 - Failure to obey summons; capias.
48.29 - Substitution of judge.
48.295 - Physical, psychological, mental or developmental examination.
48.297 - Motions before trial.
48.299 - Procedures at hearings.
48.305 - Hearing upon the involuntary removal of a child or expectant mother.
48.315 - Delays, continuances and extensions.
48.335 - Dispositional hearings.
48.35 - Effect of judgment and disposition.
48.355 - Dispositional orders.
48.356 - Duty of court to warn.
48.357 - Change in placement; child or expectant mother subject to dispositional order.
48.361 - Payment for alcohol and other drug abuse services.
48.362 - Payment for certain special treatment or care services.
48.363 - Revision of dispositional orders.
48.366 - Extended out-of-home care.
48.368 - Continuation of dispositional orders.
48.371 - Access to certain information by substitute care provider.
48.373 - Medical authorization.
48.375 - Parental consent required prior to abortion; judicial waiver procedure.
48.383 - Reasonable and prudent parent standard.
48.385 - Plan for transition to independent living.
48.41 - Voluntary consent to termination of parental rights.
48.415 - Grounds for involuntary termination of parental rights.
48.417 - Petition for termination of parental rights; when required.
48.422 - Hearing on the petition.
48.423 - Rights of persons alleging paternity.
48.424 - Fact-finding hearing.
48.425 - Court report by an agency.
48.426 - Standard and factors.
48.43 - Court orders; contents and effect; review.
48.432 - Access to medical information.
48.433 - Access to identifying information about parents.
48.434 - Release of identifying information by an agency when authorization is granted.
48.437 - Change in placement; posttermination of parental rights.
48.44 - Jurisdiction over persons 17 or older.
48.45 - Orders applicable to adults.
48.46 - New evidence; relief from judgment terminating parental rights.
48.465 - Motion for postdisposition relief and appeal.
48.468 - Purpose of department.
48.48 - Authority of department.
48.481 - Grants for children's community programs.
48.485 - Transfer of Indian children to department for adoption.
48.487 - Tribal family services.
48.52 - Facilities for care of children and adult expectant mothers in care of department.
48.526 - Community youth and family aids.
48.527 - Community youth and family aids; bonus for county facilities.
48.528 - Community intervention program.
48.545 - Brighter futures initiative.
48.546 - Family treatment court grant program.
48.547 - Alcohol and other drug abuse program.
48.548 - Multidisciplinary screen and assessment criteria.
48.55 - State adoption information exchange and state adoption center.
48.56 - Child welfare services in counties having populations of less than 750,000.
48.561 - Child welfare services in a county having a population of 750,000 or more.
48.562 - Milwaukee child welfare partnership council.
48.563 - Children and family aids funding.
48.565 - Carry-over of children and family aids funds.
48.568 - Allocation of federal funds for children and family aids and child welfare.
48.569 - Distribution of children and family aids funds to counties.
48.57 - Powers and duties of department and county departments providing child welfare services.
48.576 - Shelter care facilities; general supervision and inspection by department.
48.578 - Shelter care facilities; establishment, approval, inspection.
48.58 - County children's home in populous counties.
48.59 - Examination and records.
48.60 - Child welfare agencies licensed.
48.61 - Powers and duties of child welfare agencies.
48.615 - Child welfare agency licensing fees.
48.62 - Licensing of foster homes; rates.
48.623 - Subsidized guardianships.
48.625 - Licensing of group homes; fees.
48.627 - Foster parent insurance and liability.
48.63 - Restrictions on placements.
48.64 - Placement of children in out-of-home care.
48.65 - Child care centers licensed; fees.
48.651 - Certification of child care providers.
48.653 - Information for child care providers.
48.656 - Parent's right to know.
48.657 - Child care center reports.
48.658 - Child safety alarms in child care vehicles.
48.659 - Child care quality rating system.
48.66 - Licensing duties of the department.
48.675 - Qualified residential treatment programs.
48.68 - Investigation of applicant; issuing of license.
48.685 - Criminal history and child abuse record search.
48.686 - Criminal history and child abuse record search; child care.
48.69 - Probationary licenses.
48.70 - Provisions of licenses.
48.715 - Sanctions and penalties.
48.73 - Inspection of licensees and school district child care programs.
48.735 - Immunization requirements; child care centers.
48.737 - Lead screening, inspection and reduction requirements; child care centers.
48.74 - Authority of department to investigate alleged violations.
48.743 - Community living arrangements for children.
48.745 - Formal complaints regarding child welfare agencies and group homes.
48.75 - Foster homes licensed by public licensing agencies and by child welfare agencies.
48.77 - Injunction against violations.
48.78 - Confidentiality of records.
48.79 - Powers of the department.
48.80 - Municipalities may sponsor activities.
48.825 - Advertising related to adoption.
48.83 - Jurisdiction and venue.
48.831 - Appointment of guardian for child without a living parent for adoptability finding.
48.832 - Transfer of guardianship upon revocation of guardian's license or contract.
48.835 - Placement of children with relatives for adoption.
48.837 - Placement of children with nonrelatives for adoption.
48.838 - Foreign adoption fees.
48.839 - Adoption of foreign children.
48.84 - Preadoption preparation for proposed adoptive parents.
48.841 - Persons required to file recommendation as to adoption.
48.85 - Recommendation of guardian.
48.871 - Filing of recommendation by guardian.
48.88 - Notice of hearing; investigation.
48.89 - Recommendation of the department.
48.90 - Filing of adoption petition; preadoption residence.
48.915 - Adoption appeals given preference.
48.925 - Visitation rights of certain persons.
48.95 - Withdrawal or denial of petition.
48.97 - Adoption and guardianship orders of other jurisdictions.
48.977 - Appointment of guardians for certain children in need of protection or services.
48.978 - Appointment or designation of standby guardian of a child.
48.979 - Delegation of power by parent.
48.9795 - Appointment of guardian of the person for a child.
48.98 - Interstate placement of children.
48.981 - Abused or neglected children and abused unborn children.
48.982 - Child abuse and neglect prevention board.
48.983 - Child abuse and neglect prevention program.
48.986 - Child abuse and neglect and unborn child abuse services.
48.987 - Earnings of self-supporting minors.
48.9875 - Minor consent for housing.
48.988 - Interstate compact on the placement of children.
48.989 - Interstate compact on the placement of children: additional procedure.
48.9895 - Withdrawal from Interstate Compact on the Placement of Children.
48.99 - Interstate Compact for the Placement of Children.