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.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB631,1 Section 1. 48.14 (2) (a) of the statutes is amended to read:

AB631,3,3 48.14 (2) (a) For a minor, where parental rights have been terminated under subch. VIII; or.

AB631,2 Section 2. 48.14 (2) (b) of the statutes is amended to read:

AB631,3,9 48.14 (2) (b) The appointment and removal of a guardian of the person for a child under ss. 48.427, 48.43, 48.831, 48.832, 48.839 (4) (a), 48.977, and 48.978, and for a child found to be in need of protection or services under s. 48.13 because the child is without a parent or guardian or because custody of the child has been relinquished under s. 48.195 (1).

AB631,3 Section 3. 48.185 (2) of the statutes is amended to read:

AB631,4,13 48.185 (2) In an action under s. 48.41, venue shall be in the county where the birth parent or child resides at the time that the petition is filed. Subject to sub. (5), venue for any proceeding under s. 48.977, or any proceeding under subch. VIII when the child has been placed outside the home pursuant to a dispositional order under s. 48.345 or 48.347, shall be in the county where the dispositional order was issued, unless the child's county of residence has changed or the parent of the child has resided in a different county of this state for 6 months. In either case, the Venue for any proceeding under s. 48.13 (2m) concerning a child whose custody has been relinquished under s. 48.195 (1) shall be in the county in which the relinquishment occurred. Notwithstanding the venue specified in this subsection, the court may, upon a motion and for good cause shown, transfer the case any action or proceeding specified in this subsection, along with all appropriate records, to the county of residence of the child or parent.

AB631,4 Section 4. 48.195 (1) of the statutes is renumbered 48.195 (1) (a) and amended to read:

AB631,5,10 48.195 (1) (a) In addition to being taken into custody under s. 48.19, a child whom a law enforcement officer, emergency medical services practitioner, as defined in s. 256.01 (5), or hospital staff member reasonably believes to be 72 hours 30 days old or younger may be taken into custody under circumstances in which a parent of the child relinquishes custody of the child to the law enforcement officer, emergency medical services practitioner, or hospital staff member and does not express an intent to return for the child. If a parent who wishes to relinquish custody of his or her child under this subsection paragraph is unable to travel to a sheriff's office, police station, fire station, hospital, or other place where a law enforcement officer, emergency medical services practitioner, or hospital staff member is located, the parent may dial the telephone number “911" or, in an area in which the telephone number “911" is not available, the number for an emergency medical service provider, and the person receiving the call shall dispatch a law enforcement officer or emergency medical services practitioner to meet the parent and take the child into custody. A law enforcement officer, emergency medical services practitioner, or hospital staff member who takes a child into custody under this subsection shall take any action necessary to protect the health and safety of the child, shall, within 24 hours after taking the child into custody, deliver the child to the intake worker under s. 48.20, and shall, within 5 days after taking the child into custody, file a birth record for the child under s. 69.14 (3).

AB631,5 Section 5. 48.195 (1) (b) of the statutes is created to read:

AB631,5,20 48.195 (1) (b) In addition to being taken into custody under par. (a) or s. 48.19, an Indian child whom a tribal official reasonably believes to be 30 days old or younger may be taken into custody under circumstances in which a parent of the Indian child relinquishes custody of the child to the tribal official and does not express an intent to return for the child. A tribal official who takes an Indian child into custody under this paragraph shall take any action necessary to protect the health and safety of the child, shall, within 24 hours after taking the child into custody, deliver the child to the intake worker under s. 48.20, and shall, within 5 days after taking the child into custody, file a birth record for the child under s. 69.14 (3).

AB631,6 Section 6. 48.195 (1m) of the statutes is created to read:

AB631,6,2 48.195 (1m) Indian child. If the intake worker to whom a child is delivered as provided in sub. (1) knows or has reason to know that the child is an Indian child, the intake worker shall notify the Indian child's tribe as provided in s. 48.028 (4) (a), and s. 48.028 and the federal Indian Child Welfare Act, 25 USC 1901 to 1963, shall apply to any Indian child custody proceeding involving the Indian child.

AB631,7 Section 7 . 48.195 (2) (a) of the statutes is amended to read:

AB631,6,14 48.195 (2) (a) Except as provided in this paragraph, a parent who relinquishes custody of a child under sub. (1) and any person who assists the parent in that relinquishment have the right to remain anonymous. The exercise of that right shall not affect the manner in which a law enforcement officer, emergency medical services practitioner, as defined in s. 256.01 (5), or hospital staff member performs his or her duties under this section. No person may induce or coerce or attempt to induce or coerce or, except as provided under sub. (3) (am), induce or attempt to induce a parent or person assisting a parent who wishes to remain anonymous into revealing his or her identity, unless the person has reasonable cause to suspect that the child has been the victim of abuse or neglect or that the person assisting the parent is coercing the parent into relinquishing custody of the child.

AB631,8 Section 8. 48.195 (2) (b) of the statutes is amended to read:

AB631,6,23 48.195 (2) (b) A parent who relinquishes custody of a child under sub. (1) and any person who assists the parent in that relinquishment may leave the presence of the law enforcement officer, emergency medical services practitioner, as defined in s. 256.01 (5), or hospital staff member, or tribal official who took custody of the child at any time, and no person may follow or pursue the parent or person assisting the parent, unless the person has reasonable cause to suspect that the child has been the victim of abuse or neglect or that the person assisting the parent has coerced the parent into relinquishing custody of the child.

AB631,9 Section 9 . 48.195 (2) (d) 8. of the statutes is created to read:

AB631,7,3 48.195 (2) (d) 8. In the case of a child who the person has reason to believe is an Indian child, the tribal agent, as defined in s. 48.981 (1) (i), of the Indian child's tribe.

AB631,10 Section 10 . 48.195 (2) (e) of the statutes is created to read:

AB631,7,12 48.195 (2) (e) Notwithstanding par. (d), a person who obtains information relating to the tribal affiliation of a child relinquished under sub. (1) shall promptly transmit the information to the county department in the county where the child was relinquished or, if the child was relinquished in a county having a population of 750,000 or more, to the department. The department or a county department that obtains information relating to the tribal affiliation of a child relinquished under sub. (1) shall promptly transmit the information to the tribal agent, as defined in s. 48.981 (1) (i), of the Indian child's tribe.

AB631,11 Section 11 . 48.195 (3) (title) of the statutes is amended to read:

AB631,7,14 48.195 (3) (title) Information for parent; information regarding child.

AB631,12 Section 12 . 48.195 (3) (a) of the statutes is renumbered 48.195 (3) (a) (intro.) and amended to read:

AB631,7,21 48.195 (3) (a) (intro.) Subject to par. (b), a 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) shall make available to the parent who relinquishes custody of the child the and any person present with the parent during relinquishment a brochure that includes all of the following: