AB138,2 Section 2 . 48.46 (2) of the statutes is amended to read:

AB138,8,12 48.46 (2) A parent who has consented to the termination of his or her parental rights under s. 48.41 or who did not contest the petition initiating the proceeding in which his or her parental rights were terminated may move the court for relief from the judgment on any of the grounds specified in s. 806.07 (1) (a), (b), (c), (d) or (f). Any such motion shall be filed within 30 days after the entry of the judgment or order terminating parental rights, unless the parent files a timely notice of intent to pursue relief from the judgment under s. 808.04 (7m), in which case the motion shall be filed within the time permitted by s. 809.107 (5). A motion under this subsection does not affect the finality or suspend the operation of the judgment or order terminating parental rights. A parent who has consented to the termination of his or her parental rights to an Indian child under s. 48.41 (2) (e) may also move for relief from the judgment under s. 48.028 (5) (c) or (6). A parent who has consented to the termination of his or her parental rights to a child by filing an affidavit of disclaimer of parental rights under s. 48.41 (2) (bm) may also bring an action to invalidate the affidavit as provided under s. 48.41 (2) (bm) 2. d. Motions under this subsection or s. 48.028 (5) (c) or (6) or 48.41 (2) (bm) 2. d. and appeals to the court of appeals shall be the exclusive remedies for such a parent to obtain a new hearing in a termination of parental rights proceeding.

AB138,3 Section 3 . 48.837 (5) of the statutes is amended to read:

AB138,8,22 48.837 (5) Attendance at hearing. The child, if he or she is 12 years of age or over, and each petitioner shall attend the hearing on the petition under sub. (2). The child, if he or she is 12 years of age or over, and each parent having custody of the child shall attend the hearing on the petition under sub. (3), except that a parent who has consented to the termination of his or her parental rights in writing under s. 48.41 (2) (b), (bm), or (d) is not required to attend the hearing. If the parent who has custody of the child consents and the court approves, the proposed adoptive parents may be present at the hearing on the petition under sub. (3). The court may, for good cause, waive the requirement that the child attend either of the hearings.

AB138,4 Section 4 . 48.91 (3) of the statutes is amended to read:

AB138,9,10 48.91 (3) If Subject to this subsection, if after the hearing and a study of the report required by s. 48.88 and the recommendation required by s. 48.841 or 48.89, the court is satisfied that the necessary consents or recommendations have been filed and that the adoption is in the best interests of the child, the court shall make an order granting the adoption. If parental rights to the child were terminated based upon an affidavit under s. 48.41 (2) (bm), the court may not make an order granting adoption until 3 months have passed since the date the affidavit was executed. In determining whether the adoption is in the best interests of an Indian child, the court shall comply with the order of placement preference under s. 48.028 (7) (a) or, if applicable, s. 48.028 (7) (c), unless the court finds good cause, as described in s. 48.028 (7) (e), for departing from that order. The order may change the name of the minor to that requested by petitioners.

AB138,5 Section 5. 48.913 (1) (em) of the statutes is created to read:

AB138,9,15 48.913 (1) (em) Services provided in connection with the adoption by a private child placing agency, as defined in s. 48.99 (2) (p), that is licensed under the laws of the state in which it operates, and, where applicable, in compliance with the federal Indian Child Welfare Act, 25 USC 1901 to 1963, as certified to the department.

AB138,9,16 (End)