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1c. The names and addresses of the guardians of the person and of the estate of
2the child, if any.
SB232,8,53 d. A statement of whether the person whose parental rights are being
4terminated is or is not presently obligated by court order to make payments for the
5support of the child.
SB232,8,76 e. A full description and statement of value of all property the child owns or
7possesses.
SB232,8,98 f. An allegation that termination of parental rights is in the best interest of the
9child.
SB232,8,1310 g. The name and county of residence of any other presumed or alleged parent,
11a statement that the parental rights of the other presumed or alleged parent have
12been terminated by death or court order, or a statement that the child has no
13presumed father.
SB232,8,1514 h. A statement containing the information and understandings specified in
15subd. 4.
SB232,8,1616 i. A statement that the child is not an Indian child.
SB232,8,1917 4. An affidavit under subd. 1. shall contain a statement that the person whose
18parental rights are being terminated has been informed of and understands all of the
19following:
SB232,8,2020 a. His or her potential parental rights and duties.
SB232,8,2221 am. The parenting-related services that would be available to him or her if he
22or she chose not to consent to the termination of his or her parental rights.
SB232,8,2323 b. The effect of an order to terminate parental rights.
SB232,8,2524 c. That he or she voluntarily disclaims any rights that he or she may have to
25the child, including the right to notice of proceedings under this chapter.
SB232,9,2
1d. That the disclaimer may not be executed less than 72 hours after the birth
2of the child or executed by the mother before the birth of the child.
SB232,9,43 e. That the presumed or alleged father has the right to revoke a disclaimer in
4an affidavit until 72 hours after the birth of the child.
SB232,9,75 f. That the disclaimer is irrevocable if the affidavit is executed 72 hours or more
6after the birth of the child or if not not revoked before 72 hours after the birth of the
7child, unless it was obtained by fraud or duress.
SB232,9,128 g. That no action to invalidate the disclaimer, including an action based on
9fraud or duress, may be commenced more than 6 months after the date the affidavit
10was executed, except that, if the petition to terminate parental rights is granted, no
11action to invalidate the disclaimer may be commenced later than the time limits
12allowed for filing a motion for relief from judgment under s. 48.46 (2).
SB232,9,1313 5. An affidavit under subd. 1. may contain any of the following:
SB232,9,1514 a. A waiver of process in a petition for termination of parental rights or a
15petition for termination of parental rights joined with a petition for adoption.
SB232,9,1916 b. If a guardian has not been appointed under s. 48.977, the nomination of the
17department, a county department authorized to accept guardianship under s. 48.57
18(1) (e) or (hm), or a child welfare agency licensed under s. 48.61 (5) to accept
19guardianship to serve as guardian of the child and the individual's address.
SB232,9,2120 6. A copy of the affidavit shall be provided to the person at the time he or she
21signs the affidavit.
SB232,9,2422 7. The affidavit may not contain terms for post-termination contact between
23the child and the person whose parental rights are to be terminated as a condition
24of the disclaimer of parental rights.
SB232,10,5
18. To revoke a disclaimer of parental rights in an affidavit under subd. 1., the
2alleged or presumed father shall sign a statement revoking the disclaimer of
3parental rights that is witnessed by 2 persons and notarized. A copy of the revocation
4shall be filed with the clerk of court. The revocation is not valid unless it is executed
5and filed before 72 hours after the birth of the child.
SB232,4 6Section 4. 48.41 (2) (cm) of the statutes is created to read:
SB232,10,127 48.41 (2) (cm) 1. Except as provided in subd. 2., a person who is eligible to file
8a declaration of paternal interest in matters affecting a child under s. 48.025 and who
9fails to do so as provided in that section is deemed to have irrevocably consented to
10the termination of any parental rights that he may have and is deemed to have
11disclaimed any rights that he may have to the child, including the right to notice of
12proceedings under this subchapter.
SB232,10,1413 2. Subdivision 1. does not apply if, at the time a petition under s. 48.42 is filed,
14any of the following applies:
SB232,10,1615 a. An action or motion to determine if the person is the child's father has been
16filed and has not been resolved.
SB232,10,1917 b. The person has been acknowledged as the child's father under s. 767.805 or
18a substantially similar law of another state and the acknowledgment has not been
19rescinded.