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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.
AB631,15 17Section 15 . 48.195 (3) (b) of the statutes is amended to read:
AB631,9,2418 48.195 (3) (b) The decision decisions whether to accept the information made
19available under par. (a) is, to engage in the review of that information under par. (am)
201., and to provide the information under par. (am) 3. or 4. are
entirely voluntary on
21the part of the parent. No person may induce or coerce or attempt to induce or coerce
22or, except as provided in par. (am), induce or attempt to induce any parent into
23accepting that the information made available under par. (a), engaging in the review
24under par. (am) 1., or providing the information under par. (am) 3. or 4
.
AB631,16 25Section 16 . 48.195 (4) (a) of the statutes is amended to read:
AB631,10,10
148.195 (4) (a) Any parent who relinquishes custody of his or her child under
2sub. (1) and any person who assists the parent in that relinquishment are immune
3from any civil or criminal liability for any good faith act or omission in connection
4with that relinquishment. The immunity granted under this paragraph includes
5immunity for exercising the right to remain anonymous under sub. (2) (a), the right
6to leave at any time under sub. (2) (b), and the right not to accept any information
7under sub. (3) (b), the right not to engage in the review under sub. (3) (am) 1., and
8the right not to complete the form under sub. (3) (am) 3.
and immunity from
9prosecution under s. 948.20 for abandonment of a child or under s. 948.21 for
10neglecting a child.
AB631,17 11Section 17. 48.195 (4) (b) of the statutes is amended to read:
AB631,10,1812 48.195 (4) (b) Any law enforcement officer, emergency medical services
13practitioner, as defined in s. 256.01 (5), or hospital staff member, or tribal official who
14takes a child into custody under sub. (1) is immune from any civil liability to the
15child's parents, or any criminal liability, for any good faith act or omission occurring
16solely in connection with the act of receiving custody of the child from the child's
17parents, but is not immune from any civil or criminal liability for any act or omission
18occurring in subsequently providing care for the child.
AB631,18 19Section 18 . 48.195 (6) of the statutes is renumbered 48.195 (6) (a).
AB631,19 20Section 19 . 48.195 (6) (b) of the statutes is created to read:
AB631,11,321 48.195 (6) (b) The department shall develop written materials for inclusion in
22the brochure under sub. (3) (a) and a video recording of the information under sub.
23(3) (a) 1. to 5. The department shall consult with the Indian tribes in this state in
24developing the materials described in sub. (3) (a) 5. and the portion of the form under
25sub. (3) (a) 6. described in sub. (3) (a) 6. c. To the extent practicable, the department

1shall include in the portion of the form under sub. (3) (a) 6. described in sub. (3) (a)
26. c. the option for identification of an individual by a tribally issued identification
3number or other method that does not reveal the individual's name.
AB631,20 4Section 20. 48.205 (1) (intro.) of the statutes is amended to read:
AB631,11,75 48.205 (1) (intro.) A child may be held under s. 48.207 (1), 48.208 or 48.209 if
6the intake worker determines that there is probable cause to believe the child is
7within the jurisdiction of the court and one of the following applies:
AB631,21 8Section 21. 48.205 (1) (bd) of the statutes is created to read:
AB631,11,109 48.205 (1) (bd) Probable cause exists to believe that a parent of the child has
10relinquished custody of the child under s. 48.195 (1).
AB631,22 11Section 22. 48.21 (4) (intro.) of the statutes is amended to read:
AB631,11,1512 48.21 (4) Continuation of custody. (intro.) If Subject to sub. (4m), if the judge
13or circuit court commissioner finds that the child should be continued in custody
14under the criteria of s. 48.205, he or she 48.205 (bd), the judge or circuit court
15commissioner
shall enter one of the following orders:
AB631,23 16Section 23. 48.21 (4m) of the statutes is created to read:
AB631,12,517 48.21 (4m) Continuation of custody; relinquished newborn child. If the
18judge or circuit court commissioner finds that a child who has been taken into
19custody under s. 48.195 (1) should be continued in custody under the criteria of s.
2048.205, the judge or circuit court commissioner shall transfer guardianship and legal
21custody of the child to the department, a child welfare agency licensed under s. 48.61
22(5), or a county department authorized to accept guardianship under s. 48.57 (1) (e)
23or (hm), order the department, child welfare agency, or county department to place
24the child for adoption under s. 48.833, and include in the continuation of custody
25order a finding that there is probable cause to believe that a parent of the child has

1relinquished custody of the child as described in s. 48.13 (2m). The department, child
2welfare agency, or county department making the placement shall require any
3proposed adoptive parent to sign a statement acknowledging that the proposed
4adoptive parent understands that there is no guarantee that the adoption will be
5finalized.
AB631,24 6Section 24. 48.355 (2d) (b) 5. of the statutes is amended to read:
AB631,12,107 48.355 (2d) (b) 5. That the parent has been found under s. 48.13 (2m) to have
8relinquished custody of the child under s. 48.195 (1) when the child was 72 hours 30
9days
old or younger, as evidenced by a final order of a court of competent jurisdiction
10making that finding.
AB631,25 11Section 25. 48.415 (1m) of the statutes is amended to read:
AB631,12,1512 48.415 (1m) Relinquishment. Relinquishment, which shall be established by
13proving that a court of competent jurisdiction has found under s. 48.13 (2m) that the
14parent has relinquished custody of the child under s. 48.195 (1) when the child was
1572 hours 30 days old or younger.
AB631,26 16Section 26. 48.417 (1m) of the statutes is created to read:
AB631,13,217 48.417 (1m) Relinquished child; when petition required. If the court has
18found, under s. 48.21 (4m), probable cause to believe that a parent of the child has
19relinquished custody of the child as described in s. 48.13 (2m), the district attorney,
20corporation counsel, or other appropriate official designated under s. 48.09 of the
21county in which the relinquishment occurred shall file a petition under s. 48.42 (1)
22to terminate the parental rights of the parent or parents of the child or, if a petition
23under s. 48.42 (1) to terminate those parental rights has already been filed, shall join
24in the petition no earlier than 30 days after the date on which the child was

1relinquished and no later than 60 days after the date on which the court found
2probable cause to believe that the child was relinquished.
AB631,27 3Section 27. 48.417 (3) of the statutes is amended to read:
AB631,13,94 48.417 (3) Concurrent adoption efforts required. If a petition is filed or
5joined in as required under sub. (1) or (1m), the agency primarily responsible for
6providing services to the child under a court order shall, during the pendency of the
7proceeding on the petition, work with the agency identified in the report under s.
848.425 (1) (f) that would be responsible for accomplishing the adoption of the child
9in processing and approving a qualified family for the adoption of the child.
AB631,28 10Section 28. 48.417 (4) of the statutes is amended to read:
AB631,13,1311 48.417 (4) Notice to department. If a petition is filed or joined in as required
12under sub. (1) or (1m), the person who filed or joined in the petition shall notify the
13department of that filing or joinder.
AB631,29 14Section 29 . 69.14 (1) (i) of the statutes is created to read:
AB631,13,1715 69.14 (1) (i) Relinquished child. The filing of a birth record under this
16subsection does not affect the obligation of a person to file a birth record under sub.
17(3) if the person assumes custody of a child relinquished under s. 48.195.
AB631,30 18Section 30 . 69.14 (3) (a) (intro.) of the statutes is amended to read:
AB631,13,2219 69.14 (3) (a) (intro.) Any person who assumes custody of a live born infant of
20unknown parentage or an infant relinquished under s. 48.195 shall file a birth record
21for the infant within 5 days after assuming custody and shall file the birth record
22with the following information:
AB631,31 23Section 31 . 69.14 (3) (bm) of the statutes is created to read:
AB631,14,324 69.14 (3) (bm) Notwithstanding s. 48.195 (2) (d), any person who is required
25to file a birth record under this subsection and who is required to file a birth record

1under sub. (1), or who knows of the existence of a birth record filed under sub. (1),
2shall notify the state registrar that the registrant of the birth record filed under sub.
3(1) and the registrant of the birth record filed under this subsection are the same.
AB631,32 4Section 32 . 69.14 (3) (c) of the statutes is amended to read:
AB631,14,165 69.14 (3) (c) If at any time after a birth record is filed for a registrant under this
6subsection a birth record filed for the registrant at the time of birth of the registrant
7is found or the registrant is adopted and the adoptive parents sign a birth record
8giving their names as the adoptive parents
or if the state registrar is notified under
9par. (bm) of a birth record filed under sub. (1)
, the state registrar shall impound the
10birth record filed under this subsection at the time of birth or under sub. (1) and
11prohibit access except by court order or except by the state registrar for processing
12purposes. If the registrant of a birth record filed under this subsection is adopted and
13the adoptive parents sign a birth record giving their names as the adoptive parents,
14the state registrar shall impound the birth record filed under this subsection and
15prohibit access except by court order or except by the state registrar for processing
16purposes.
AB631,33 17Section 33 . 69.14 (3) (d) of the statutes is created to read:
AB631,14,2018 69.14 (3) (d) The filing of a birth record under this subsection does not affect
19the obligation of a filing party, as described under sub. (1) (c), to file a birth record
20under sub. (1).
AB631,34 21Section 34. Initial applicability.
AB631,14,2422 (1) Termination of parental rights and adoptive placement of newborn child
23whose custody has been relinquished.
This act first applies to a child whose custody
24is relinquished, as described in s. 48.195 (1), on the effective date of this subsection.
AB631,35 25Section 35. Effective date.
AB631,15,2
1(1) This act takes effect on the first day of the 6th month beginning after
2publication.
AB631,15,33 (End)
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