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AB113,5,1313 a. The person is the child's biological parent.
AB113,5,1414 b. The child is an Indian child.
AB113,5,1515 c. The child has not attained the age of 11 days.
AB113,5,1716 4. An explanation of the importance to the future well-being of a child of
17knowing information regarding the child's social and health history.
AB113,5,2018 5. An explanation of the importance to an Indian child of maintaining a social
19and cultural connection to the Indian child's tribe and clan and the potential benefits
20of tribal enrollment.
AB113,5,2121 6. A form on which to provide all of the following information:
AB113,5,2322 a. The name, address, telephone number, and any other identifying
23information of each parent and any person assisting a parent in the relinquishment.
AB113,5,2424 b. Information on the ethnicity and race of the child.
AB113,6,2
1c. Information regarding any tribal affiliation of the child, including the
2identity, tribal affiliation, and birth dates of the child's parents and grandparents.
AB113,6,43 d. Information regarding the social and health history of the child and of each
4parent.
AB113,6,85 7. A postage-paid envelope addressed to the county department of the county
6in which the relinquishment occurs or, if the relinquishment occurs in a county
7having a population of 750,000 or more, the department and instructions to use the
8envelope to return the completed forms.
AB113,8 9Section 8. 48.195 (3) (am) of the statutes is created to read:
AB113,6,1310 48.195 (3) (am) Subject to par. (b), a law enforcement officer, emergency
11medical technician, or hospital staff member who takes a child into custody under
12sub. (1) shall, at the time of taking custody of the child, make a reasonable effort to
13do all of the following:
AB113,6,1614 1. Review the information provided under par. (a) with the parent who
15relinquishes custody of the child, including the explanation required under par. (a)
164.
AB113,6,1817 2. Read aloud or play a recording of the explanation under par. (a) 5. to the
18parent who relinquishes custody of the child.
AB113,6,2219 3. Assist the parent in completing the form described in par. (a) 6. and in
20returning the completed form to the county department of the county in which the
21relinquishment occurs or, if the relinquishment occurs in a county having a
22population of 750,000 or more, the department.
AB113,6,2523 4. If the parent declines to review the materials under subd. 1. or to complete
24the form under subd. 3., encourage the parent to take the materials, to review them
25at a later time, and to return the completed form in the return envelope.
AB113,9
1Section 9. 48.195 (3) (b) of the statutes is amended to read:
AB113,7,82 48.195 (3) (b) The decision decisions whether to accept the information made
3available 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
5the 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
7accepting 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
.
AB113,10 9Section 10. 48.195 (4) (a) of the statutes is amended to read:
AB113,7,1910 48.195 (4) (a) Any parent who relinquishes custody of his or her child under
11sub. (1) and any person who assists the parent in that relinquishment are immune
12from any civil or criminal liability for any good faith act or omission in connection
13with that relinquishment. The immunity granted under this paragraph includes
14immunity for exercising the right to remain anonymous under sub. (2) (a), the right
15to leave at any time under sub. (2) (b), and the right not to accept any information
16under 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
18prosecution under s. 948.20 for abandonment of a child or under s. 948.21 for
19neglecting a child.
AB113,11 20Section 11. 48.195 (4m) of the statutes is created to read:
AB113,8,221 48.195 (4m) Restoration of Indian child to parental custody. (a) Except as
22provided in par. (b), on the request of a biological parent of an Indian child who has
23been relinquished under sub. (1), a county department or, in a county having a
24population of 750,000 or more, the department shall restore physical custody of the
25child to the biological parent without conditions or further proceedings if the

1biological parent provides evidence to the satisfaction of the county department or
2department that all of the following apply:
AB113,8,33 1. The person is the child's biological parent.
AB113,8,44 2. The child is an Indian child.
AB113,8,55 3. The child has not attained the age of 11 days.
AB113,8,96 (b) The requirement to restore physical custody of an Indian child to a parent
7in par. (a) does not prevent the child from being taken into and held in custody under
8ss. 48.19 to 48.21 in order to prevent imminent physical harm or damage to the
9Indian child.
AB113,12 10Section 12. 48.195 (6) of the statutes is renumbered 48.195 (6) (a).
AB113,13 11Section 13. 48.195 (6) (b) of the statutes is created to read:
AB113,8,1812 48.195 (6) (b) The department shall develop written materials for inclusion in
13the brochure under sub. (3) (a). The department shall consult with the Indian tribes
14in this state in developing the materials described in sub. (3) (a) 5. and the portion
15of the form under sub. (3) (a) 6. described in sub. (3) (a) 6. c. To the extent practicable,
16the department shall include in the portion of the form under sub. (3) (a) 6. described
17in sub. (3) (a) 6. c. the option for identification of an individual by a tribally issued
18identification number or other method that does not reveal the individual's name.
AB113,14 19Section 14. 48.355 (2d) (b) 5. of the statutes is amended to read:
AB113,8,2320 48.355 (2d) (b) 5. That the parent has been found under s. 48.13 (2m) to have
21relinquished custody of the child under s. 48.195 (1) when the child was 72 hours old
22or younger and not to have had physical custody restored under s. 48.195 (4m) (a),
23as evidenced by a final order of a court of competent jurisdiction making that finding.
AB113,15 24Section 15. 48.415 (1m) of the statutes is amended to read:
AB113,9,5
148.415 (1m) Relinquishment. Relinquishment, which shall be established by
2proving that a court of competent jurisdiction has found under s. 48.13 (2m) that the
3parent has relinquished custody of the child under s. 48.195 (1) when the child was
472 hours old or younger and has not had physical custody restored under s. 48.195
5(4m) (a)
.
AB113,9,66 (End)
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