SB232-SSA2,1,3 1An Act to amend 48.46 (2), 48.837 (5) and 48.91 (3); and to create 48.41 (2) (bm)
2and 48.913 (1) (em) of the statutes; relating to: a disclaimer of parental rights
3and payments allowed in connection with an adoption.

This bill provides a method by which a mother, father, or alleged or presumed
father may disclaim his or her parental rights with respect to a child under the age
of one who is not an Indian child in writing as an alternative to appearing in court
to consent to the termination of his or her parental rights. The bill also allows
payments to be made to a licensed out-of-state private child placing agency for
services provided in connection with an adoption.

Subject to certain exceptions, current law generally requires a birth parent to
appear in court to consent to the termination of his or her parental rights. This bill
adds an exception that allows a mother, father, or alleged or presumed father to avoid
appearing in court if he or she files with the court an affidavit disclaiming his or her
parental rights with respect to a child under the age of one who he or she knows is
not, or has no reason to know is, an Indian child. A minor may use such an affidavit
of disclaimer only after the TPR petition has been filed, he or she has been offered
legal counseling, and he or she has been appointed a guardian ad litem and only if

the guardian ad litem approves the disclaimer. The affidavit must comply with
certain requirements, including that it must be witnessed and notarized and must
include a statement that the parent understands the effect of an order to terminate
parental rights and that he or she voluntarily disclaims any rights that he or she may
have to the child.

Under the bill, the affidavit containing a disclaimer of parental rights may be
executed before the birth of the child by the father or alleged or presumed father but
not the mother, may not be executed by either parent between the birth and 120
hours after the birth or on or after the child's first birthday, and may be executed by
either parent 120 hours or more after the birth. If not revoked by the applicable time
limit, the disclaimer is irrevocable unless obtained by fraud or duress. Under the bill,
no action to invalidate a disclaimer, including an action based on fraud or duress,
may be commenced more than three months after the affidavit was executed. If
parental rights to a child are terminated based upon such a disclaimer of parental
rights, the bill prohibits a court from entering an order granting adoption of the child
until three months have passed since the affidavit was executed.

The bill requires the agency making the placement of the child for adoption,
whether the Department of Children and Families, the county department of human
services or social services (county department), or a licensed child welfare agency, to
offer both counseling and legal counseling to the person disclaiming his or her
parental rights, at the agency's expense, prior to execution of the affidavit. The
person must acknowledge in the affidavit that he or she has been offered these
counseling and legal counseling sessions and whether or not he or she accepted them.

This bill allows payments to be made to an out-of-state private child placing
agency that is licensed in the state in which it operates for services provided in
connection with an adoption and, where applicable, in compliance with the federal
Indian Child Welfare Act, as certified to DCF. The bill defines a private child placing
agency as a private corporation, agency, foundation, institution, or charitable
organization, or any private person or attorney, that facilitates, causes, or is involved
in the placement of a child from one state to another state. Current law allows
payments for such services only to a child welfare agency licensed in this state.

SB232-SSA2,3,22 48.41 (2) (bm) 1. Subject to subd. 1m., a mother, father, or presumed or alleged
3father may consent to the termination of any parental rights that he or she may have
4with respect to a child who is under one year of age and who he or she knows is not,
5or has no reason to know is, an Indian child as provided in par. (a) or (b) or by filing

1with the court an affidavit of disclaimer of parental rights that is signed by 2
2witnesses and notarized and that meets the requirements under subds. 2. to 8.

SB232-SSA2,3,73 1m. A minor may consent to the termination of any parental rights that he or
4she may have with respect to a child by using an affidavit of disclaimer under subd.
51. only after the petition to terminate parental rights has been filed, the agency has
6offered the minor legal counseling under subd. 11., and he or she has been appointed
7a guardian ad litem and only if the guardian ad litem approves the disclaimer.

SB232-SSA2,3,1310 a. The affidavit may not be executed after the birth of the child until 120 hours
11after the birth of the child and may not be executed on or after the child's first
12birthday. The father or presumed or alleged father may, but the mother may not,
13execute the affidavit before the birth of the child.

SB232-SSA2,3,1814 b. If executed by the father or presumed or alleged father before the birth of the
15child, the affidavit is revocable for any reason until 24 hours after execution or 120
16hours after the birth of the child, whichever is later, as provided under subd. 9. If
17executed by the mother, the affidavit is revocable for any reason until 24 hours after
18execution, as provided in subd. 9.

SB232-SSA2,3,2119 c. The affidavit is irrevocable if not revoked for any reason by the mother,
20father, or presumed or alleged father by the applicable time limit provided under
21subd. 2. b., unless it was obtained by fraud or duress.