a. The person is the child's biological parent.
b. The child is an Indian child.
c. The child has not attained the age of 11 days.
4. An explanation of the importance to the future well-being of a child of 17
knowing information regarding the child's social and health history.
5. An explanation of the importance to an Indian child of maintaining a social 19
and cultural connection to the Indian child's tribe and clan and the potential benefits 20
of tribal enrollment.
6. A form on which to provide all of the following information:
a. The name, address, telephone number, and any other identifying 23
information of each parent and any person assisting a parent in the relinquishment.
b. Information on the ethnicity and race of the child.
c. Information regarding any tribal affiliation of the child, including the 2
identity, tribal affiliation, and birth dates of the child's parents and grandparents.
d. Information regarding the social and health history of the child and of each 4
7. A postage-paid envelope addressed to the county department of the county 6
in which the relinquishment occurs or, if the relinquishment occurs in a county 7
having a population of 750,000 or more, the department and instructions to use the 8
envelope to return the completed forms.
48.195 (3) (am) of the statutes is created to read:
(am) Subject to par. (b), a law enforcement officer, emergency 11
medical technician, or hospital staff member who takes a child into custody under 12
sub. (1) shall, at the time of taking custody of the child, make a reasonable effort to 13
do all of the following:
1. Review the information provided under par. (a) with the parent who 15
relinquishes custody of the child, including the explanation required under par. (a) 16
2. Read aloud or play a recording of the explanation under par. (a) 5. to the 18
parent who relinquishes custody of the child.
3. Assist the parent in completing the form described in par. (a) 6. and in 20
returning the completed form to the county department of the county in which the 21
relinquishment occurs or, if the relinquishment occurs in a county having a 22
population of 750,000 or more, the department.
4. If the parent declines to review the materials under subd. 1. or to complete 24
the form under subd. 3., encourage the parent to take the materials, to review them 25
at a later time, and to return the completed form in the return envelope.
48.195 (3) (b) of the statutes is amended to read:
(b) The decision
whether to accept the information made 3
available under par. (a) is, to engage in the review of that information under par. (am)
41., and to provide that information under par. (am) 3. or 4. are
entirely voluntary on 5
the part of the parent. No person may induce or
coerce or attempt to induce or
coerce 6or, except as provided in par. (am), induce or attempt to induce
any parent into 7
accepting that the
information made available under par. (a), engaging in the review
8under par. (am) 1., or providing the information under par. (am) 3. or 4
48.195 (4) (a) of the statutes is amended to read:
(a) Any parent who relinquishes custody of his or her child under 11
sub. (1) and any person who assists the parent in that relinquishment are immune 12
from any civil or criminal liability for any good faith act or omission in connection 13
with that relinquishment. The immunity granted under this paragraph includes 14
immunity for exercising the right to remain anonymous under sub. (2) (a), the right 15
to leave at any time under sub. (2) (b), and
the right not to accept any information 16
under sub. (3) (b), the right not to engage in the review under sub. (3) (am) 1., and
17the right not to complete the form under sub. (3) (am) 3.
and immunity from 18
prosecution under s. 948.20 for abandonment of a child or under s. 948.21 for 19
neglecting a child.
48.195 (4m) of the statutes is created to read:
48.195 (4m) Restoration of Indian child to parental custody.
(a) Except as 22
provided in par. (b), on the request of a biological parent of an Indian child who has 23
been relinquished under sub. (1), a county department or, in a county having a 24
population of 750,000 or more, the department shall restore physical custody of the 25
child to the biological parent without conditions or further proceedings if the
biological parent provides evidence to the satisfaction of the county department or 2
department that all of the following apply:
1. The person is the child's biological parent.
2. The child is an Indian child.
3. The child has not attained the age of 11 days.
(b) The requirement to restore physical custody of an Indian child to a parent 7
in par. (a) does not prevent the child from being taken into and held in custody under 8
ss. 48.19 to 48.21 in order to prevent imminent physical harm or damage to the 9
48.195 (6) of the statutes is renumbered 48.195 (6) (a).
48.195 (6) (b) of the statutes is created to read:
(b) The department shall develop written materials for inclusion in 13
the brochure under sub. (3) (a). The department shall consult with the Indian tribes 14
in this state in developing the materials described in sub. (3) (a) 5. and the portion 15
of the form under sub. (3) (a) 6. described in sub. (3) (a) 6. c. To the extent practicable, 16
the department shall include in the portion of the form under sub. (3) (a) 6. described 17
in sub. (3) (a) 6. c. the option for identification of an individual by a tribally issued 18
identification number or other method that does not reveal the individual's name.
48.355 (2d) (b) 5. of the statutes is amended to read:
(b) 5. That the parent has been found under s. 48.13 (2m) to have 21
relinquished custody of the child under s. 48.195 (1) when the child was 72 hours old 22
or younger and not to have had physical custody restored under s. 48.195 (4m) (a)
as evidenced by a final order of a court of competent jurisdiction making that finding.
48.415 (1m) of the statutes is amended to read:
48.415 (1m) Relinquishment.
Relinquishment, which shall be established by 2
proving that a court of competent jurisdiction has found under s. 48.13 (2m) that the 3
parent has relinquished custody of the child under s. 48.195 (1) when the child was 4
72 hours old or younger and has not had physical custody restored under s. 48.195