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LRB-3158/1
EAW:klm
2021 - 2022 LEGISLATURE
October 21, 2021 - Introduced by Representatives Dittrich, Novak, Mursau,
Gundrum, Subeck, Snyder, Thiesfeldt and Tusler, cosponsored by Senators
Ballweg and Marklein. Referred to Committee on Family Law.
AB631,1,8 1An Act to renumber 48.195 (6); to renumber and amend 48.195 (1) and 48.195
2(3) (a); to amend 48.14 (2) (a), 48.14 (2) (b), 48.185 (2), 48.195 (2) (a), 48.195 (2)
3(b), 48.195 (3) (title), 48.195 (3) (b), 48.195 (4) (a), 48.195 (4) (b), 48.205 (1)
4(intro.), 48.21 (4) (intro.), 48.355 (2d) (b) 5., 48.415 (1m), 48.417 (3), 48.417 (4),
569.14 (3) (a) (intro.) and 69.14 (3) (c); and to create 48.195 (1) (b), 48.195 (1m),
648.195 (2) (d) 8., 48.195 (2) (e), 48.195 (3) (a) 2. to 8., 48.195 (3) (am), 48.195 (6)
7(b), 48.205 (1) (bd), 48.21 (4m), 48.417 (1m), 69.14 (1) (i), 69.14 (3) (bm) and
869.14 (3) (d) of the statutes; relating to: various changes to the safe haven law.
Analysis by the Legislative Reference Bureau
Relinquishment of a newborn under the Safe Haven law
Under current law, a parent may relinquish a newborn child who is 72 hours
old or younger to a law enforcement officer, emergency medical services practitioner,
or hospital staff member, and that person is required to protect the health and safety
of the child and deliver the child to the intake worker for the juvenile court. Once
the child is in the custody of the intake worker, the juvenile court must determine
whether to continue to hold the newborn child in custody and, within 30 days of that
determination, to establish a permanency plan for the child that ensures a placement
or home for the child that provides long-term stability. Under current law, the

juvenile court may terminate parental rights of the parents of a child who has been
relinquished. Under current law, a parent who relinquishes a newborn in this
manner is entitled to anonymity. This law is commonly referred to as the safe haven
law.
This bill makes various changes to the safe haven law. The bill applies the safe
haven law to a newborn child who is 30 days old or less, and allows a parent of an
Indian child to relinquish the child to a tribal official.
The bill requires a person who takes custody of a relinquished child to make a
reasonable effort to provide the relinquishing parent with a brochure that includes
a statement of the parent's right to remain anonymous, the steps to take if the parent
changes his or her mind about relinquishment, an explanation of the importance of
knowing the child's social and health history, an explanation of the importance to an
Indian child of maintaining a social and cultural connection to his or her tribe, and
a form on which to provide identifying information for each parent and information
about the child's social and health history and tribal affiliation, if any.
Under the bill, a person who takes custody of a relinquished child must make
a reasonable effort to solicit certain information about the social and health history
of the child and any tribal affiliation of the child and, if the parent declines to provide
the information solicited, must encourage the parent to submit the information to the
county or, in Milwaukee County, to DCF at a later date. Under the bill, a person who
obtains information relating to the tribal affiliation of a relinquished child must
promptly transmit the information to the appropriate child welfare department, and
the bill requires the child welfare department that obtains information relating to
the tribal affiliation of a relinquished child to promptly transmit the information to
the tribal agent of the child's tribe.
Under the bill, after the juvenile court finds that a relinquished newborn child
should continue to be held in custody, the court must transfer guardianship and legal
custody of the child to the appropriate public adoption agency for placement in a
licensed foster home, and the court must include in the continuation of custody order
a finding that there is probable cause to believe that the newborn has been
relinquished. The proposed adoptive parent must sign a statement acknowledging
that the proposed adoptive parent understands that there is no guarantee that the
adoption will be finalized. The bill specifies that any child welfare proceeding
regarding an Indian child who has been relinquished under the safe haven law must
comply with the state and federal Indian Child Welfare Acts.
Under the bill, the district attorney, corporation counsel, or other official
designated by a county must file a petition to terminate the parental rights of a
parent of a relinquished newborn child or, if a petition has already been filed, to join
in the petition. Under the bill, the petition must be filed in the county in which the
relinquishment occurred no sooner than 30 days after the date on which the child was
relinquished and no later than 60 days after the date on which the juvenile court
found probable cause to believe that the child was relinquished.
Birth records for relinquished newborns
Under current law, a birth record must be prepared and filed within five days
after an infant's birth. In the case of an infant with unknown parents (foundling),

any person who assumes custody of the foundling must file a birth record within five
days after assuming custody. A birth record for a foundling is not required to contain
the name of the mother or the father of the infant but is required to be marked
foundling by the local registrar. Currently, if the birth record filed at the time of birth
for a foundling is found or the foundling is adopted and the adoptive parents sign a
birth record giving their names as the adoptive parents, the state registrar is
required to impound the foundling birth record.
The bill clarifies that a person must file a foundling birth record for an infant
who is relinquished under the safe haven law in addition to filing a foundling birth
record for a live born infant of unknown parentage. The bill requires any person who
is required to file a foundling birth record and either files or knows of the filing of a
birth record at the time of birth to notify the state registrar that the birth record filed
at the time of birth and the foundling birth record are for the same infant so that the
state registrar may impound a birth record. Under the bill, when a birth record filed
at the time of birth is located for a foundling or if a person notifies the state registrar
of the birth record filed at the time of birth for a foundling, the state registrar must
impound the birth record filed at the time of birth instead of the foundling birth
record. The bill maintains the current requirement for the state registrar to impound
the foundling birth record for foundlings who are adopted and for whom the adoptive
parents sign a birth record giving their names as the adoptive parents.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB631,1 1Section 1. 48.14 (2) (a) of the statutes is amended to read:
AB631,3,32 48.14 (2) (a) For a minor, where parental rights have been terminated under
3subch. VIII; or.
AB631,2 4Section 2. 48.14 (2) (b) of the statutes is amended to read:
AB631,3,95 48.14 (2) (b) The appointment and removal of a guardian of the person for a
6child under ss. 48.427, 48.43, 48.831, 48.832, 48.839 (4) (a), 48.977, and 48.978, and
7for a child found to be in need of protection or services under s. 48.13 because the child
8is without a parent or guardian or because custody of the child has been relinquished
9under s. 48.195 (1)
.
AB631,3 10Section 3. 48.185 (2) of the statutes is amended to read:
AB631,4,13
148.185 (2) In an action under s. 48.41, venue shall be in the county where the
2birth parent or child resides at the time that the petition is filed. Subject to sub. (5),
3venue for any proceeding under s. 48.977, or any proceeding under subch. VIII when
4the child has been placed outside the home pursuant to a dispositional order under
5s. 48.345 or 48.347, shall be in the county where the dispositional order was issued,
6unless the child's county of residence has changed or the parent of the child has
7resided in a different county of this state for 6 months. In either case, the Venue for
8any proceeding under s. 48.13 (2m) concerning a child whose custody has been
9relinquished under s. 48.195 (1) shall be in the county in which the relinquishment
10occurred. Notwithstanding the venue specified in this subsection, the
court may,
11upon a motion and for good cause shown, transfer the case any action or proceeding
12specified in this subsection
, along with all appropriate records, to the county of
13residence of the child or parent.
AB631,4 14Section 4. 48.195 (1) of the statutes is renumbered 48.195 (1) (a) and amended
15to read:
AB631,5,1016 48.195 (1) (a) In addition to being taken into custody under s. 48.19, a child
17whom a law enforcement officer, emergency medical services practitioner, as defined
18in s. 256.01 (5), or hospital staff member reasonably believes to be 72 hours 30 days
19old or younger may be taken into custody under circumstances in which a parent of
20the child relinquishes custody of the child to the law enforcement officer, emergency
21medical services practitioner, or hospital staff member and does not express an
22intent to return for the child. If a parent who wishes to relinquish custody of his or
23her child under this subsection paragraph is unable to travel to a sheriff's office,
24police station, fire station, hospital, or other place where a law enforcement officer,
25emergency medical services practitioner, or hospital staff member is located, the

1parent may dial the telephone number “911" or, in an area in which the telephone
2number “911" is not available, the number for an emergency medical service
3provider, and the person receiving the call shall dispatch a law enforcement officer
4or emergency medical services practitioner to meet the parent and take the child into
5custody. A law enforcement officer, emergency medical services practitioner, or
6hospital staff member who takes a child into custody under this subsection shall take
7any action necessary to protect the health and safety of the child, shall, within 24
8hours after taking the child into custody, deliver the child to the intake worker under
9s. 48.20, and shall, within 5 days after taking the child into custody, file a birth record
10for the child under s. 69.14 (3).
AB631,5 11Section 5. 48.195 (1) (b) of the statutes is created to read:
AB631,5,2012 48.195 (1) (b) In addition to being taken into custody under par. (a) or s. 48.19,
13an Indian child whom a tribal official reasonably believes to be 30 days old or younger
14may be taken into custody under circumstances in which a parent of the Indian child
15relinquishes custody of the child to the tribal official and does not express an intent
16to return for the child. A tribal official who takes an Indian child into custody under
17this paragraph shall take any action necessary to protect the health and safety of the
18child, shall, within 24 hours after taking the child into custody, deliver the child to
19the intake worker under s. 48.20, and shall, within 5 days after taking the child into
20custody, file a birth record for the child under s. 69.14 (3).
AB631,6 21Section 6. 48.195 (1m) of the statutes is created to read:
AB631,6,222 48.195 (1m) Indian child. If the intake worker to whom a child is delivered as
23provided in sub. (1) knows or has reason to know that the child is an Indian child,
24the intake worker shall notify the Indian child's tribe as provided in s. 48.028 (4) (a),

1and s. 48.028 and the federal Indian Child Welfare Act, 25 USC 1901 to 1963, shall
2apply to any Indian child custody proceeding involving the Indian child.
AB631,7 3Section 7 . 48.195 (2) (a) of the statutes is amended to read:
AB631,6,144 48.195 (2) (a) Except as provided in this paragraph, a parent who relinquishes
5custody of a child under sub. (1) and any person who assists the parent in that
6relinquishment have the right to remain anonymous. The exercise of that right shall
7not affect the manner in which a law enforcement officer, emergency medical services
8practitioner, as defined in s. 256.01 (5), or hospital staff member performs his or her
9duties under this section. No person may induce or coerce or attempt to induce or
10coerce or, except as provided under sub. (3) (am), induce or attempt to induce a parent
11or person assisting a parent who wishes to remain anonymous into revealing his or
12her identity, unless the person has reasonable cause to suspect that the child has
13been the victim of abuse or neglect or that the person assisting the parent is coercing
14the parent into relinquishing custody of the child.
AB631,8 15Section 8. 48.195 (2) (b) of the statutes is amended to read:
AB631,6,2316 48.195 (2) (b) A parent who relinquishes custody of a child under sub. (1) and
17any person who assists the parent in that relinquishment may leave the presence of
18the law enforcement officer, emergency medical services practitioner, as defined in
19s. 256.01 (5), or hospital staff member, or tribal official who took custody of the child
20at any time, and no person may follow or pursue the parent or person assisting the
21parent, unless the person has reasonable cause to suspect that the child has been the
22victim of abuse or neglect or that the person assisting the parent has coerced the
23parent into relinquishing custody of the child.
AB631,9 24Section 9 . 48.195 (2) (d) 8. of the statutes is created to read:
AB631,7,3
148.195 (2) (d) 8. In the case of a child who the person has reason to believe is
2an Indian child, the tribal agent, as defined in s. 48.981 (1) (i), of the Indian child's
3tribe.
AB631,10 4Section 10 . 48.195 (2) (e) of the statutes is created to read:
AB631,7,125 48.195 (2) (e) Notwithstanding par. (d), a person who obtains information
6relating to the tribal affiliation of a child relinquished under sub. (1) shall promptly
7transmit the information to the county department in the county where the child was
8relinquished or, if the child was relinquished in a county having a population of
9750,000 or more, to the department. The department or a county department that
10obtains information relating to the tribal affiliation of a child relinquished under
11sub. (1) shall promptly transmit the information to the tribal agent, as defined in s.
1248.981 (1) (i), of the Indian child's tribe.
AB631,11 13Section 11 . 48.195 (3) (title) of the statutes is amended to read:
AB631,7,1414 48.195 (3) (title) Information for parent; information regarding child.
AB631,12 15Section 12 . 48.195 (3) (a) of the statutes is renumbered 48.195 (3) (a) (intro.)
16and amended to read:
AB631,7,2117 48.195 (3) (a) (intro.) Subject to par. (b), a law enforcement officer, emergency
18medical services practitioner, as defined in s. 256.01 (5), or hospital staff member, or
19tribal official
who takes a child into custody under sub. (1) shall make available to
20the parent who relinquishes custody of the child the and any person present with the
21parent during relinquishment a brochure that includes all of the following:
AB631,7,23 221. The maternal and child health toll-free telephone number maintained by the
23department under 42 USC 705 (a) (5) (E).
AB631,13 24Section 13 . 48.195 (3) (a) 2. to 8. of the statutes are created to read:
AB631,7,2525 48.195 (3) (a) 2. A statement advising the parent of all of the following:
AB631,8,1
1a. That the parent has the right to remain anonymous.
AB631,8,42 b. That the provision of any identifying information is voluntary on the part of
3the parent, and the choice to not provide that information will not affect the parent's
4ability to relinquish the child.
AB631,8,65 c. That any identifying information provided by the parent will be treated as
6confidential.
AB631,8,87 3. An explanation of the steps the parent is required to take if the parent
8changes his or her mind about relinquishing the child.
AB631,8,109 4. An explanation of the importance to the future well-being of a child of
10knowing information regarding the child's social and health history.
AB631,8,1311 5. An explanation of the importance to an Indian child of maintaining a social
12and cultural connection to the Indian child's tribe and clan and the potential benefits
13of tribal enrollment.
AB631,8,1414 6. A form on which to provide all of the following information:
AB631,8,1615 a. The name, address, telephone number, and any other identifying
16information of each parent and any person assisting a parent in the relinquishment.
AB631,8,1717 b. Information on the ethnicity and race of the child.
AB631,8,1918 c. Information regarding any tribal affiliation of the child, including the
19identity, tribal affiliation, and birth dates of the child's parents and grandparents.
AB631,8,2120 d. Information regarding the social and health history of the child and of each
21parent.
AB631,8,2522 7. A postage-paid envelope addressed to the county department of the county
23in which the relinquishment occurs or, if the relinquishment occurs in a county
24having a population of 750,000 or more, the department, and instructions to use the
25envelope to return the completed forms.
AB631,14
1Section 14. 48.195 (3) (am) of the statutes is created to read:
AB631,9,52 48.195 (3) (am) Subject to par. (b), a law enforcement officer, emergency
3medical services practitioner, hospital staff member, or tribal official who takes a
4child into custody under sub. (1) shall, at the time of taking custody of the child, make
5a reasonable effort to do all of the following:
AB631,9,76 1. Review the information provided under par. (a) 1. to 5. with, or play a video
7recording of that information for, the parent who relinquishes custody of the child.
AB631,9,98 2. Read aloud or play a video recording of the explanation under par. (a) 5. for
9the parent who relinquishes custody of the child.
AB631,9,1310 3. Assist the parent in completing the form described in par. (a) 6. and in
11returning the completed form to the county department of the county in which the
12relinquishment occurs or, if the relinquishment occurs in a county having a
13population of 750,000 or more, the department.
AB631,9,1614 4. If the parent declines to review the materials under subd. 1. or to complete
15the form under subd. 3., encourage the parent to take the materials, to review them
16at a later time, and to return the completed form in the return envelope.
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