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e. A full description and statement of value of all property the child owns or
17possesses.
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f. An allegation that termination of parental rights is in the best interest of the
19child.
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g. The name and county of residence of any other parent or presumed or alleged
21father, a statement that the parental rights of the other parent or presumed or
22alleged father have been terminated by death or court order, or a statement that the
23child has no other parent or presumed or alleged father.
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h. A statement containing the information and understandings specified in
25subd. 4.
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1i. A statement that the child is not an Indian child.
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4. An affidavit under subd. 1. shall contain a statement in substantially the
3following form:
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4“I have been informed of and understand all of the following:
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A. That a court order terminating parental rights will permanently end all
6legal rights and duties that exist between me and the child, such as the duty to
7support, the right to custody and visitation, and the right to inherit.
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B. That there are parenting-related services that would be available to me if
9I chose not to consent to the termination of my parental rights.
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C. That this affidavit may not be executed less than 72 hours after the birth
11of the child, on or after the child's first birthday, or by the child's mother before the
12birth of the child.
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D. That the child's father or presumed or alleged father has the right to revoke
14an affidavit of disclaimer until 72 hours after the birth of the child.
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E. That the affidavit is irrevocable if executed 72 hours or more after the birth
16of the child or if not revoked before 72 hours after the birth of the child, unless it was
17obtained by fraud or duress.
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F. That no action to invalidate the affidavit, including an action based on fraud
19or duress, may be commenced more than 6 months after the date the affidavit was
20executed, except that, if the petition to terminate parental rights is granted, no
21action to invalidate the affidavit may be commenced later than the time limits
22allowed for filing a motion for relief from judgment under s. 48.46 (2).”
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5. An affidavit under subd. 1. shall contain a statement that the person
24voluntarily disclaims any rights that he or she may have to the child, including the
25right to notice of proceedings under this chapter.
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16. If a guardian has not been appointed under s. 48.977, an affidavit under
2subd. 1. may contain the nomination of the department, a county department
3authorized to accept guardianship under s. 48.57 (1) (e) or (hm), or a child welfare
4agency licensed under s. 48.61 (5) to accept guardianship to serve as guardian of the
5child and the individual's address.
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7. A copy of the affidavit shall be provided to the person at the time he or she
7signs the affidavit.
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8. The affidavit may not contain terms for post-termination contact between
9the child and the person whose parental rights are to be terminated as a condition
10of the disclaimer of parental rights.
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9. To revoke a disclaimer of parental rights in an affidavit under subd. 1., the
12father or presumed or alleged father shall sign a statement revoking the disclaimer
13of parental rights that is notarized. A copy of the revocation shall be filed with the
14clerk of court. The revocation is not valid unless it is executed and filed before 72
15hours after the birth of the child.
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16Section
2. 48.41 (2) (cm) of the statutes is created to read:
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48.41
(2) (cm) 1. Except as provided in subd. 2., a person who is eligible to file
18a declaration of paternal interest in matters affecting a child under s. 48.025 and who
19fails to do so as provided in that section is deemed to have irrevocably consented to
20the termination of any parental rights that he may have and is deemed to have
21disclaimed any rights that he may have to the child, including the right to notice of
22proceedings under this subchapter.
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2. Subdivision 1. does not apply if, at the time a petition under s. 48.42 is filed,
24any of the following applies:
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1a. An action or motion to determine if the person is the child's father has been
2filed and has not been resolved.
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b. The person has been acknowledged as the child's father under s. 767.805 or
4a substantially similar law of another state and the acknowledgment has not been
5rescinded.
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c. The person meets the conditions specified in s. 48.423 (2).
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7Section
3. 48.415 (intro.) of the statutes is amended to read:
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848.415 Grounds for involuntary termination of parental rights. (intro.)
9At the fact-finding
portion of the fact-finding and dispositional hearing the court or
10jury shall determine whether grounds exist for the termination of parental rights.
11If the child is an Indian child, the court or jury shall also determine at the
12fact-finding
portion of the fact-finding and dispositional hearing whether continued
13custody of the Indian child by the Indian child's parent or Indian custodian is likely
14to result in serious emotional or physical damage to the Indian child under s. 48.028
15(4) (e) 1. and whether active efforts under s. 48.028 (4) (e) 2. have been made to
16prevent the breakup of the Indian child's family and whether those efforts have
17proved unsuccessful, unless partial summary judgment on the grounds for
18termination of parental rights is granted, in which case the court shall make those
19determinations at the dispositional
portion of the fact-finding and dispositional 20hearing. Grounds for termination of parental rights shall be one of the following:
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21Section
4. 48.415 (1) (a) 4. of the statutes is created to read:
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48.415
(1) (a) 4. That a person who is or may be the father of the child failed
23without reasonable cause to provide care and support for the mother during her
24pregnancy.
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25Section
5. 48.415 (1) (a) 5. of the statutes is created to read: