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2021 - 2022 LEGISLATURE
ASSEMBLY AMENDMENT 1,
TO ASSEMBLY BILL 138
March 25, 2021 - Offered by Representative Brandtjen.
AB138-AA1,1,11 At the locations indicated, amend the bill as follows:
AB138-AA1,1,2 21. Page 2, line 1: before that line insert:
AB138-AA1,1,3 3 Section 1c. 48.41 (1) of the statutes is amended to read:
AB138-AA1,1,94 48.41 (1) The court may terminate the parental rights of a parent after the
5parent has given his or her consent as specified in this section. When such voluntary
6consent is given as provided in this section sub. (2) (a), (b), or (c) to (e) or when an
7affidavit of disclaimer of parental rights executed under sub. (2) (bm) is irrevocable
,
8the judge may proceed immediately to a disposition of the matter after considering
9the standard and factors specified in s. 48.426.”.
AB138-AA1,1,13 102. Page 2, line 4: delete lines 4 and 5 and substitute “with respect to a child
11who is under one year of age if no participant in the court proceeding, including the
12mother, father, or presumed or alleged father, knows or has reason to know that the
13child is an Indian child by the method provided in par. (a) or (b)”.
AB138-AA1,2,1
13. Page 3, line 14: delete lines 14 to 18 and substitute:
AB138-AA1,2,6 2“b. If executed by the father or presumed or alleged father, the affidavit is
3revocable for any reason until 72 hours after execution or 120 hours after the birth
4of the child, whichever is later, as provided under subd. 9. If executed by the mother,
5the affidavit is revocable for any reason until 72 hours after execution, as provided
6in subd. 9.”.
AB138-AA1,2,7 74. Page 4, line 21: delete that line and substitute:
AB138-AA1,2,9 8“j. A statement that there is or is not any reason to believe that the child is an
9Indian child.
AB138-AA1,2,1010 k. The date and time that the affidavit is executed.”.
AB138-AA1,2,11 115. Page 5, line 9: on lines 9 and 12, delete “24" and substitute “72".
AB138-AA1,2,12 126. Page 6, line 4: after “49.977" insert “or 48.979".
AB138-AA1,2,13 137. Page 7, line 5: on lines 5 and 7, delete “24" and substitute “72".
AB138-AA1,2,14 148. Page 7, line 16: delete lines 16 to 18 and substitute:
AB138-AA1,2,19 15“12. An affidavit of disclaimer of parental rights under this paragraph is not
16effective if it would violate s. 48.028 or the federal Indian Child Welfare Act, 25 USC
171901
to 1963, or any regulations promulgated thereunder or if the agency responsible
18for securing the adoption of the child knows or has reason to know the child is an
19Indian child.
AB138-AA1,3,220 13. The court shall review an affidavit of disclaimer of parental rights to ensure
21it meets the requirements under subds. 2 to 8. The court shall make findings on the
22record stating whether the affidavit meets those requirements and whether all
23participants in the court proceeding, including the mother, father, or presumed or

1alleged father, have stated that they do not know or have reason to know that the
2child is an Indian child.
AB138-AA1,1m 3Section 1m. 48.42 (2) (a) of the statutes is amended to read:
AB138-AA1,3,64 48.42 (2) (a) The parent or parents of the child, unless the child's parent has
5waived the right to notice under s. 48.41 (2) (d), or the child's parent or presumed or
6alleged father has waived the right to notice under s. 48.41 (2) (bm)
.” .
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