AB631: Bill Text

AB631,10,10 48.195 (4) (a) Any parent who relinquishes custody of his or her child under sub. (1) and any person who assists the parent in that relinquishment are immune from any civil or criminal liability for any good faith act or omission in connection with that relinquishment. The immunity granted under this paragraph includes immunity for exercising the right to remain anonymous under sub. (2) (a), the right to leave at any time under sub. (2) (b), and the right not to accept any information under sub. (3) (b), the right not to engage in the review under sub. (3) (am) 1., and the right not to complete the form under sub. (3) (am) 3. and immunity from prosecution under s. 948.20 for abandonment of a child or under s. 948.21 for neglecting a child.

AB631,17 Section 17. 48.195 (4) (b) of the statutes is amended to read:

AB631,10,18 48.195 (4) (b) Any law enforcement officer, emergency medical services practitioner, as defined in s. 256.01 (5), or hospital staff member, or tribal official who takes a child into custody under sub. (1) is immune from any civil liability to the child's parents, or any criminal liability, for any good faith act or omission occurring solely in connection with the act of receiving custody of the child from the child's parents, but is not immune from any civil or criminal liability for any act or omission occurring in subsequently providing care for the child.

AB631,18 Section 18 . 48.195 (6) of the statutes is renumbered 48.195 (6) (a).

AB631,19 Section 19 . 48.195 (6) (b) of the statutes is created to read:

AB631,11,3 48.195 (6) (b) The department shall develop written materials for inclusion in the brochure under sub. (3) (a) and a video recording of the information under sub. (3) (a) 1. to 5. The department shall consult with the Indian tribes in this state in developing the materials described in sub. (3) (a) 5. and the portion of the form under sub. (3) (a) 6. described in sub. (3) (a) 6. c. To the extent practicable, the department shall include in the portion of the form under sub. (3) (a) 6. described in sub. (3) (a) 6. c. the option for identification of an individual by a tribally issued identification number or other method that does not reveal the individual's name.

AB631,20 Section 20. 48.205 (1) (intro.) of the statutes is amended to read:

AB631,11,7 48.205 (1) (intro.) A child may be held under s. 48.207 (1), 48.208 or 48.209 if the intake worker determines that there is probable cause to believe the child is within the jurisdiction of the court and one of the following applies:

AB631,21 Section 21. 48.205 (1) (bd) of the statutes is created to read:

AB631,11,10 48.205 (1) (bd) Probable cause exists to believe that a parent of the child has relinquished custody of the child under s. 48.195 (1).

AB631,22 Section 22. 48.21 (4) (intro.) of the statutes is amended to read:

AB631,11,15 48.21 (4) Continuation of custody. (intro.) If Subject to sub. (4m), if the judge or circuit court commissioner finds that the child should be continued in custody under the criteria of s. 48.205, he or she 48.205 (bd), the judge or circuit court commissioner shall enter one of the following orders:

AB631,23 Section 23. 48.21 (4m) of the statutes is created to read:

AB631,12,5 48.21 (4m) Continuation of custody; relinquished newborn child. If the judge or circuit court commissioner finds that a child who has been taken into custody under s. 48.195 (1) should be continued in custody under the criteria of s. 48.205, the judge or circuit court commissioner shall transfer guardianship and legal custody of the child to the department, a child welfare agency licensed under s. 48.61 (5), or a county department authorized to accept guardianship under s. 48.57 (1) (e) or (hm), order the department, child welfare agency, or county department to place the child for adoption under s. 48.833, and include in the continuation of custody order a finding that there is probable cause to believe that a parent of the child has relinquished custody of the child as described in s. 48.13 (2m). The department, child welfare agency, or county department making the placement shall require any proposed adoptive parent to sign a statement acknowledging that the proposed adoptive parent understands that there is no guarantee that the adoption will be finalized.

AB631,24 Section 24. 48.355 (2d) (b) 5. of the statutes is amended to read:

AB631,12,10 48.355 (2d) (b) 5. That the parent has been found under s. 48.13 (2m) to have relinquished custody of the child under s. 48.195 (1) when the child was 72 hours 30 days old or younger, as evidenced by a final order of a court of competent jurisdiction making that finding.

AB631,25 Section 25. 48.415 (1m) of the statutes is amended to read:

AB631,12,15 48.415 (1m) Relinquishment. Relinquishment, which shall be established by proving that a court of competent jurisdiction has found under s. 48.13 (2m) that the parent has relinquished custody of the child under s. 48.195 (1) when the child was 72 hours 30 days old or younger.

AB631,26 Section 26. 48.417 (1m) of the statutes is created to read:

AB631,13,2 48.417 (1m) Relinquished child; when petition required. If the court has found, under s. 48.21 (4m), probable cause to believe that a parent of the child has relinquished custody of the child as described in s. 48.13 (2m), the district attorney, corporation counsel, or other appropriate official designated under s. 48.09 of the county in which the relinquishment occurred shall file a petition under s. 48.42 (1) to terminate the parental rights of the parent or parents of the child or, if a petition under s. 48.42 (1) to terminate those parental rights has already been filed, shall join in the petition no earlier than 30 days after the date on which the child was relinquished and no later than 60 days after the date on which the court found probable cause to believe that the child was relinquished.

AB631,27 Section 27. 48.417 (3) of the statutes is amended to read:

AB631,13,9 48.417 (3) Concurrent adoption efforts required. If a petition is filed or joined in as required under sub. (1) or (1m), the agency primarily responsible for providing services to the child under a court order shall, during the pendency of the proceeding on the petition, work with the agency identified in the report under s. 48.425 (1) (f) that would be responsible for accomplishing the adoption of the child in processing and approving a qualified family for the adoption of the child.

AB631,28 Section 28. 48.417 (4) of the statutes is amended to read:

AB631,13,13 48.417 (4) Notice to department. If a petition is filed or joined in as required under sub. (1) or (1m), the person who filed or joined in the petition shall notify the department of that filing or joinder.

AB631,29 Section 29 . 69.14 (1) (i) of the statutes is created to read:

AB631,13,17 69.14 (1) (i) Relinquished child. The filing of a birth record under this subsection does not affect the obligation of a person to file a birth record under sub. (3) if the person assumes custody of a child relinquished under s. 48.195.

AB631,30 Section 30 . 69.14 (3) (a) (intro.) of the statutes is amended to read:

AB631,13,22 69.14 (3) (a) (intro.) Any person who assumes custody of a live born infant of unknown parentage or an infant relinquished under s. 48.195 shall file a birth record for the infant within 5 days after assuming custody and shall file the birth record with the following information:

AB631,31 Section 31 . 69.14 (3) (bm) of the statutes is created to read:

AB631,14,3 69.14 (3) (bm) Notwithstanding s. 48.195 (2) (d), any person who is required to file a birth record under this subsection and who is required to file a birth record under sub. (1), or who knows of the existence of a birth record filed under sub. (1), shall notify the state registrar that the registrant of the birth record filed under sub. (1) and the registrant of the birth record filed under this subsection are the same.

AB631,32 Section 32 . 69.14 (3) (c) of the statutes is amended to read:

AB631,14,16 69.14 (3) (c) If at any time after a birth record is filed for a registrant under this subsection a birth record filed for the registrant at the time of birth of the registrant is found or the registrant is adopted and the adoptive parents sign a birth record giving their names as the adoptive parents or if the state registrar is notified under par. (bm) of a birth record filed under sub. (1), the state registrar shall impound the birth record filed under this subsection at the time of birth or under sub. (1) and prohibit access except by court order or except by the state registrar for processing purposes. If the registrant of a birth record filed under this subsection is adopted and the adoptive parents sign a birth record giving their names as the adoptive parents, the state registrar shall impound the birth record filed under this subsection and prohibit access except by court order or except by the state registrar for processing purposes.

AB631,33 Section 33 . 69.14 (3) (d) of the statutes is created to read:

AB631,14,20 69.14 (3) (d) The filing of a birth record under this subsection does not affect the obligation of a filing party, as described under sub. (1) (c), to file a birth record under sub. (1).

AB631,34 Section 34. Initial applicability.

AB631,14,24 (1) Termination of parental rights and adoptive placement of newborn child whose custody has been relinquished. This act first applies to a child whose custody is relinquished, as described in s. 48.195 (1), on the effective date of this subsection.

AB631,35 Section 35. Effective date.

AB631,15,2 (1) This act takes effect on the first day of the 6th month beginning after publication.

AB631,15,3 (End)