This is the preview version of the Wisconsin State Legislature site.
Please see http://docs.legis.wisconsin.gov for the production version.
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)
Loading...
Loading...