This is the preview version of the Wisconsin State Legislature site.
Please see http://docs.legis.wisconsin.gov for the production version.
SB232-SSA2,1,3 1An Act to amend 48.46 (2), 48.837 (5) and 48.91 (3); and to create 48.41 (2) (bm)
2and 48.913 (1) (em) of the statutes; relating to: a disclaimer of parental rights
3and payments allowed in connection with an adoption.
Analysis by the Legislative Reference Bureau
This bill provides a method by which a mother, father, or alleged or presumed
father may disclaim his or her parental rights with respect to a child under the age
of one who is not an Indian child in writing as an alternative to appearing in court
to consent to the termination of his or her parental rights. The bill also allows
payments to be made to a licensed out-of-state private child placing agency for
services provided in connection with an adoption.
Disclaimer of parental rights
Subject to certain exceptions, current law generally requires a birth parent to
appear in court to consent to the termination of his or her parental rights. This bill
adds an exception that allows a mother, father, or alleged or presumed father to avoid
appearing in court if he or she files with the court an affidavit disclaiming his or her
parental rights with respect to a child under the age of one who he or she knows is
not, or has no reason to know is, an Indian child. A minor may use such an affidavit
of disclaimer only after the TPR petition has been filed, he or she has been offered
legal counseling, and he or she has been appointed a guardian ad litem and only if

the guardian ad litem approves the disclaimer. The affidavit must comply with
certain requirements, including that it must be witnessed and notarized and must
include a statement that the parent understands the effect of an order to terminate
parental rights and that he or she voluntarily disclaims any rights that he or she may
have to the child.
Under the bill, the affidavit containing a disclaimer of parental rights may be
executed before the birth of the child by the father or alleged or presumed father but
not the mother, may not be executed by either parent between the birth and 120
hours after the birth or on or after the child's first birthday, and may be executed by
either parent 120 hours or more after the birth. If not revoked by the applicable time
limit, the disclaimer is irrevocable unless obtained by fraud or duress. Under the bill,
no action to invalidate a disclaimer, including an action based on fraud or duress,
may be commenced more than three months after the affidavit was executed. If
parental rights to a child are terminated based upon such a disclaimer of parental
rights, the bill prohibits a court from entering an order granting adoption of the child
until three months have passed since the affidavit was executed.
The bill requires the agency making the placement of the child for adoption,
whether the Department of Children and Families, the county department of human
services or social services (county department), or a licensed child welfare agency, to
offer both counseling and legal counseling to the person disclaiming his or her
parental rights, at the agency's expense, prior to execution of the affidavit. The
person must acknowledge in the affidavit that he or she has been offered these
counseling and legal counseling sessions and whether or not he or she accepted them.
Payments relating to adoption
This bill allows payments to be made to an out-of-state private child placing
agency that is licensed in the state in which it operates for services provided in
connection with an adoption and, where applicable, in compliance with the federal
Indian Child Welfare Act, as certified to DCF. The bill defines a private child placing
agency as a private corporation, agency, foundation, institution, or charitable
organization, or any private person or attorney, that facilitates, causes, or is involved
in the placement of a child from one state to another state. Current law allows
payments for such services only to a child welfare agency licensed in this state.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB232-SSA2,1 1Section 1. 48.41 (2) (bm) of the statutes is created to read:
SB232-SSA2,3,22 48.41 (2) (bm) 1. Subject to subd. 1m., a mother, father, or presumed or alleged
3father may consent to the termination of any parental rights that he or she may have
4with respect to a child who is under one year of age and who he or she knows is not,
5or has no reason to know is, an Indian child as provided in par. (a) or (b) or by filing

1with the court an affidavit of disclaimer of parental rights that is signed by 2
2witnesses and notarized and that meets the requirements under subds. 2. to 8.
SB232-SSA2,3,73 1m. A minor may consent to the termination of any parental rights that he or
4she may have with respect to a child by using an affidavit of disclaimer under subd.
51. only after the petition to terminate parental rights has been filed, the agency has
6offered the minor legal counseling under subd. 11., and he or she has been appointed
7a guardian ad litem and only if the guardian ad litem approves the disclaimer.
SB232-SSA2,3,98 2. All of the following apply to the affidavit of disclaimer of parental rights
9under subd. 1.:
SB232-SSA2,3,1310 a. The affidavit may not be executed after the birth of the child until 120 hours
11after the birth of the child and may not be executed on or after the child's first
12birthday. The father or presumed or alleged father may, but the mother may not,
13execute the affidavit before the birth of the child.
SB232-SSA2,3,1814 b. If executed by the father or presumed or alleged father before the birth of the
15child, the affidavit is revocable for any reason until 24 hours after execution or 120
16hours after the birth of the child, whichever is later, as provided under subd. 9. If
17executed by the mother, the affidavit is revocable for any reason until 24 hours after
18execution, as provided in subd. 9.
SB232-SSA2,3,2119 c. The affidavit is irrevocable if not revoked for any reason by the mother,
20father, or presumed or alleged father by the applicable time limit provided under
21subd. 2. b., unless it was obtained by fraud or duress.
SB232-SSA2,3,2422 d. Except as provided in s. 48.028 (5) (b) and (c) and (6), no action to invalidate
23the affidavit, including an action based on fraud or duress, may be commenced more
24than 3 months after the date the affidavit was executed.
SB232-SSA2,3,2525 3. An affidavit under subd. 1. shall contain all of the following:
SB232-SSA2,4,2
1a. The name, county of residence, and age of the parent whose parental rights
2are being terminated.
SB232-SSA2,4,33 b. The name, age, and birth date of the child, if born.
SB232-SSA2,4,54 c. The names and addresses of the guardians of the person and of the estate of
5the child, if any.
SB232-SSA2,4,86 d. A statement of whether the person whose parental rights are being
7terminated is or is not presently obligated by court order to make payments for the
8support of the child.
SB232-SSA2,4,109 e. A full description and statement of value of all property the child owns or
10possesses.
SB232-SSA2,4,1211 f. An allegation that termination of parental rights is in the best interest of the
12child.
SB232-SSA2,4,1513 g. The name and county of residence of any other parent or presumed or alleged
14father or a statement that the child has no other parent or presumed or alleged
15father.
SB232-SSA2,4,1716 h. If applicable, a statement that the parental rights of the other parent or
17presumed or alleged father have been terminated by death or court order.
SB232-SSA2,4,1918 i. A statement containing the information and understandings specified in
19subd. 4.
SB232-SSA2,4,2020 j. A statement that the child is not an Indian child.
SB232-SSA2,4,2221 4. An affidavit under subd. 1. shall contain a statement in substantially the
22following form:
SB232-SSA2,4,23 23“I have been informed of and understand all of the following:
SB232-SSA2,5,3
1A. That a court order terminating parental rights will permanently end all
2legal rights and duties that exist between me and the child, such as the duty to
3support, the right to custody and visitation, and the right to inherit.
SB232-SSA2,5,54 B. That there are parenting-related services that would be available to me if
5I chose not to consent to the termination of my parental rights.
SB232-SSA2,5,86 C. That this affidavit may not be executed less than 120 hours after the birth
7of the child, on or after the child's first birthday, or by the child's mother before the
8birth of the child.
SB232-SSA2,5,129 D. That the child's father or presumed or alleged father has the right to revoke
10an affidavit of disclaimer for any reason until 24 hours after execution or 120 hours
11after the birth of the child, whichever is later, and the child's mother may revoke the
12affidavit for any reason until 24 hours after execution.
SB232-SSA2,5,1513 E. That the affidavit is irrevocable if not revoked for any reason by the mother,
14father, or presumed or alleged father by the applicable time limit under D., above,
15unless it was obtained by fraud or duress.
SB232-SSA2,5,1816 F. That no action to invalidate the affidavit, including an action based on fraud
17or duress, may be commenced more than 3 months after the date the affidavit was
18executed.
SB232-SSA2,5,2119 G. Prior to executing this affidavit I have been offered counseling at the
20expense of the agency that is placing the child for adoption. I have accepted/refused
21(circle one) this counseling.
SB232-SSA2,5,2422 H. If I am younger than 18 years of age, prior to executing this affidavit I have
23been offered legal counseling at the expense of the agency that is placing the child
24for adoption. I have accepted/refused (circle one) this legal counseling.”
SB232-SSA2,6,3
15. An affidavit under subd. 1. shall contain a statement that the person
2voluntarily disclaims any rights that he or she may have to the child, including the
3right to notice of proceedings under this chapter.
SB232-SSA2,6,84 6. If a guardian has not been appointed under s. 48.977, an affidavit under
5subd. 1. may contain the nomination of the department, a county department
6authorized to accept guardianship under s. 48.57 (1) (e) or (hm), or a child welfare
7agency licensed under s. 48.61 (5) to accept guardianship to serve as guardian of the
8child and the individual's address.
SB232-SSA2,6,129 6m. The person disclaiming his or her parental rights shall choose at least one
10of the witnesses to the affidavit, and that witness shall certify that he or she was
11chosen by that person. Each witness to the affidavit shall certify to all of the
12following:
SB232-SSA2,6,1413 a. That he or she has no professional or fiduciary interest in the disclaimer or
14the adoption of the child.
SB232-SSA2,6,1615 b. That he or she has knowledge of the relationship between the person
16disclaiming his or her parental rights and the child.
SB232-SSA2,6,1917 c. That he or she has discussed the decision to execute the affidavit with the
18person disclaiming his or her parental rights and that, to the best of the witness's
19knowledge, the affidavit is being signed voluntarily.
SB232-SSA2,6,2020 d. That he or she is neutral.
SB232-SSA2,6,2221 7. A copy of the affidavit shall be provided to the person at the time he or she
22signs the affidavit.
SB232-SSA2,6,2523 8. The affidavit may not contain terms for post-termination contact between
24the child and the person whose parental rights are to be terminated as a condition
25of the disclaimer of parental rights.
SB232-SSA2,7,6
19. To revoke a disclaimer of parental rights in an affidavit under subd. 1., the
2mother, father, or presumed or alleged father shall sign a statement revoking the
3disclaimer of parental rights that is notarized. A copy of the revocation shall be filed
4with the clerk of court. The revocation is not valid unless it is executed and filed
5before 24 hours after execution of the affidavit or 120 hours after the birth of the
6child, whichever is later.
SB232-SSA2,7,107 10. The agency that is making the placement of the child for adoption shall offer
8counseling to a mother, father, or presumed or alleged father who intends to execute
9an affidavit under this subsection prior to executing the affidavit with a counselor
10who is qualified to provide such counseling.
SB232-SSA2,7,1411 11. The agency that is making the placement of the child for adoption shall offer
12to a mother, father, or presumed or alleged father who is a minor and who intends
13to execute an affidavit under this subsection legal counseling with an attorney who
14does not represent the agency or adoptive parents prior to executing the affidavit.
SB232-SSA2,7,1715 12. An affidavit of disclaimer of parental rights under subd. 1. is not effective
16if it would violate s. 48.028 or if the agency that is making the placement of the child
17for adoption has reason to know the child is an Indian child.
SB232-SSA2,2 18Section 2 . 48.46 (2) of the statutes is amended to read:
SB232-SSA2,8,1119 48.46 (2) A parent who has consented to the termination of his or her parental
20rights under s. 48.41 or who did not contest the petition initiating the proceeding in
21which his or her parental rights were terminated may move the court for relief from
22the judgment on any of the grounds specified in s. 806.07 (1) (a), (b), (c), (d) or (f). Any
23such motion shall be filed within 30 days after the entry of the judgment or order
24terminating parental rights, unless the parent files a timely notice of intent to
25pursue relief from the judgment under s. 808.04 (7m), in which case the motion shall

1be filed within the time permitted by s. 809.107 (5). A motion under this subsection
2does not affect the finality or suspend the operation of the judgment or order
3terminating parental rights. A parent who has consented to the termination of his
4or her parental rights to an Indian child under s. 48.41 (2) (e) may also move for relief
5from the judgment under s. 48.028 (5) (c) or (6). A parent who has consented to the
6termination of his or her parental rights to a child by filing an affidavit of disclaimer
7of parental rights under s. 48.41 (2) (bm) may also bring an action to invalidate the
8affidavit as provided under s. 48.41 (2) (bm) 2. d.
Motions under this subsection or
9s. 48.028 (5) (c) or (6) or 48.41 (2) (bm) 2. d. and appeals to the court of appeals shall
10be the exclusive remedies for such a parent to obtain a new hearing in a termination
11of parental rights proceeding.
SB232-SSA2,3 12Section 3 . 48.837 (5) of the statutes is amended to read:
SB232-SSA2,8,2113 48.837 (5) Attendance at hearing. The child, if he or she is 12 years of age or
14over, and each petitioner shall attend the hearing on the petition under sub. (2). The
15child, if he or she is 12 years of age or over, and each parent having custody of the child
16shall attend the hearing on the petition under sub. (3), except that a parent who has
17consented to the termination of his or her parental rights in writing under s. 48.41
18(2) (b), (bm), or (d) is not required to attend the hearing
. If the parent who has custody
19of the child consents and the court approves, the proposed adoptive parents may be
20present at the hearing on the petition under sub. (3). The court may, for good cause,
21waive the requirement that the child attend either of the hearings.
SB232-SSA2,4 22Section 4 . 48.91 (3) of the statutes is amended to read:
SB232-SSA2,9,923 48.91 (3) If Subject to this subsection, if after the hearing and a study of the
24report required by s. 48.88 and the recommendation required by s. 48.841 or 48.89,
25the court is satisfied that the necessary consents or recommendations have been filed

1and that the adoption is in the best interests of the child, the court shall make an
2order granting the adoption. If parental rights to the child were terminated based
3upon an affidavit under s. 48.41 (2) (bm), the court may not make an order granting
4adoption until 3 months have passed since the date the affidavit was executed.
In
5determining whether the adoption is in the best interests of an Indian child, the court
6shall comply with the order of placement preference under s. 48.028 (7) (a) or, if
7applicable, s. 48.028 (7) (c), unless the court finds good cause, as described in s. 48.028
8(7) (e), for departing from that order. The order may change the name of the minor
9to that requested by petitioners.
SB232-SSA2,5 10Section 5. 48.913 (1) (em) of the statutes is created to read:
SB232-SSA2,9,1411 48.913 (1) (em) Services provided in connection with the adoption by a private
12child placing agency, as defined in s. 48.99 (2) (p), that is licensed under the laws of
13the state in which it operates, and, where applicable, in compliance with the federal
14Indian Child Welfare Act, 25 USC 1901 to 1963, as certified to the department.
Loading...
Loading...