AB631,1,8 1An Act to renumber 48.195 (6); to renumber and amend 48.195 (1) and 48.195
2(3) (a); to amend 48.14 (2) (a), 48.14 (2) (b), 48.185 (2), 48.195 (2) (a), 48.195 (2)
3(b), 48.195 (3) (title), 48.195 (3) (b), 48.195 (4) (a), 48.195 (4) (b), 48.205 (1)
4(intro.), 48.21 (4) (intro.), 48.355 (2d) (b) 5., 48.415 (1m), 48.417 (3), 48.417 (4),
569.14 (3) (a) (intro.) and 69.14 (3) (c); and to create 48.195 (1) (b), 48.195 (1m),
648.195 (2) (d) 8., 48.195 (2) (e), 48.195 (3) (a) 2. to 8., 48.195 (3) (am), 48.195 (6)
7(b), 48.205 (1) (bd), 48.21 (4m), 48.417 (1m), 69.14 (1) (i), 69.14 (3) (bm) and
869.14 (3) (d) of the statutes; relating to: various changes to the safe haven law.

Under current law, a parent may relinquish a newborn child who is 72 hours
old or younger to a law enforcement officer, emergency medical services practitioner,
or hospital staff member, and that person is required to protect the health and safety
of the child and deliver the child to the intake worker for the juvenile court. Once
the child is in the custody of the intake worker, the juvenile court must determine
whether to continue to hold the newborn child in custody and, within 30 days of that
determination, to establish a permanency plan for the child that ensures a placement
or home for the child that provides long-term stability. Under current law, the

juvenile court may terminate parental rights of the parents of a child who has been
relinquished. Under current law, a parent who relinquishes a newborn in this
manner is entitled to anonymity. This law is commonly referred to as the safe haven
law.

This bill makes various changes to the safe haven law. The bill applies the safe
haven law to a newborn child who is 30 days old or less, and allows a parent of an
Indian child to relinquish the child to a tribal official.

The bill requires a person who takes custody of a relinquished child to make a
reasonable effort to provide the relinquishing parent with a brochure that includes
a statement of the parent's right to remain anonymous, the steps to take if the parent
changes his or her mind about relinquishment, an explanation of the importance of
knowing the child's social and health history, an explanation of the importance to an
Indian child of maintaining a social and cultural connection to his or her tribe, and
a form on which to provide identifying information for each parent and information
about the child's social and health history and tribal affiliation, if any.

Under the bill, a person who takes custody of a relinquished child must make
a reasonable effort to solicit certain information about the social and health history
of the child and any tribal affiliation of the child and, if the parent declines to provide
the information solicited, must encourage the parent to submit the information to the
county or, in Milwaukee County, to DCF at a later date. Under the bill, a person who
obtains information relating to the tribal affiliation of a relinquished child must
promptly transmit the information to the appropriate child welfare department, and
the bill requires the child welfare department that obtains information relating to
the tribal affiliation of a relinquished child to promptly transmit the information to
the tribal agent of the child's tribe.

Under the bill, after the juvenile court finds that a relinquished newborn child
should continue to be held in custody, the court must transfer guardianship and legal
custody of the child to the appropriate public adoption agency for placement in a
licensed foster home, and the court must include in the continuation of custody order
a finding that there is probable cause to believe that the newborn has been
relinquished. The proposed adoptive parent must sign a statement acknowledging
that the proposed adoptive parent understands that there is no guarantee that the
adoption will be finalized. The bill specifies that any child welfare proceeding
regarding an Indian child who has been relinquished under the safe haven law must
comply with the state and federal Indian Child Welfare Acts.

Under the bill, the district attorney, corporation counsel, or other official
designated by a county must file a petition to terminate the parental rights of a
parent of a relinquished newborn child or, if a petition has already been filed, to join
in the petition. Under the bill, the petition must be filed in the county in which the
relinquishment occurred no sooner than 30 days after the date on which the child was
relinquished and no later than 60 days after the date on which the juvenile court
found probable cause to believe that the child was relinquished.

Under current law, a birth record must be prepared and filed within five days
after an infant's birth. In the case of an infant with unknown parents (foundling),

any person who assumes custody of the foundling must file a birth record within five
days after assuming custody. A birth record for a foundling is not required to contain
the name of the mother or the father of the infant but is required to be marked
foundling by the local registrar. Currently, if the birth record filed at the time of birth
for a foundling is found or the foundling is adopted and the adoptive parents sign a
birth record giving their names as the adoptive parents, the state registrar is
required to impound the foundling birth record.

The bill clarifies that a person must file a foundling birth record for an infant
who is relinquished under the safe haven law in addition to filing a foundling birth
record for a live born infant of unknown parentage. The bill requires any person who
is required to file a foundling birth record and either files or knows of the filing of a
birth record at the time of birth to notify the state registrar that the birth record filed
at the time of birth and the foundling birth record are for the same infant so that the
state registrar may impound a birth record. Under the bill, when a birth record filed
at the time of birth is located for a foundling or if a person notifies the state registrar
of the birth record filed at the time of birth for a foundling, the state registrar must
impound the birth record filed at the time of birth instead of the foundling birth
record. The bill maintains the current requirement for the state registrar to impound
the foundling birth record for foundlings who are adopted and for whom the adoptive
parents sign a birth record giving their names as the adoptive parents.