LRB-0355/1
GMM:kmg:jf
2003 - 2004 LEGISLATURE
February 18, 2003 - Introduced by Representatives Ladwig, Jeskewitz, Ainsworth,
Freese, Friske, Gielow, Gronemus, Gunderson, Hahn, Hines, Huebsch,
Jensen, Kerkman, Krawczyk, F. Lasee, M. Lehman, McCormick, Montgomery,
Musser, Olsen, Ott, Owens, Petrowski, Plouff, Seratti, Townsend, Vrakas

and J. Wood, cosponsored by Senators Stepp, Cowles, Kanavas, Lazich,
Roessler
and Schultz. Referred to Committee on Children and Families.
AB73,1,4 1An Act to amend 48.21 (4) (intro.); and to create 48.21 (4m) and 48.417 (1) (bm)
2of the statutes; relating to: termination of parental rights and adoptive
3placement of a newborn child whose custody has been relinquished by his or her
4parent.
Analysis by the Legislative Reference Bureau
Under current law, a child whom a law enforcement officer, emergency medical
technician, or hospital staff member reasonably believes to be 72 hours old or
younger (newborn child) may be taken into custody under circumstances in which
a parent of the newborn child relinquishes custody of the newborn child to the law
enforcement officer, emergency medical technician, or hospital staff member and
does not indicate an intent to return for the newborn child. Within 24 hours after
taking the newborn child into custody, the law enforcement officer, emergency
medical technician, or hospital staff member must deliver the newborn child to the
intake worker of the court assigned to exercise jurisdiction under the Children's Code
(juvenile court), and the intake worker must determine whether to hold the newborn
child in custody. If the intake worker determines to hold the newborn child in
custody, a hearing must be held within 48 hours of that determination to determine
whether the newborn child shall continue to be held in custody. If the juvenile court
finds that the newborn child should continue to be held in custody, the juvenile court
must include in its order continuing the newborn child in custody a determination
that reasonable efforts to make it possible for the newborn child to return safely
home are not required and must hold a hearing within 30 days after that

determination to determine a permanency plan for the newborn child, which is a plan
designed to ensure that a child quickly attains a placement or home providing
long-term stability. Current law also permits the juvenile court to involuntarily
terminate the parental rights of a parent of a newborn child on the grounds that the
parent relinquished custody of the newborn child when the newborn child was 72
hours old or younger.
This bill provides that if a juvenile court determines that a newborn child whose
custody has been relinquished as provided under current law should be continued
to be held in custody, the juvenile court must transfer guardianship and legal custody
of the newborn child to the Department of Health and Family Services (DHFS), a
child welfare agency that is licensed to accept guardianship of children and to place
children for adoption, or a county department of human services or social services
(county department) that is authorized to accept guardianship of children and to
place children for adoption and must order DHFS, the child welfare agency, or the
county department (collectively, "agency") to place the newborn child for adoption in
a licensed foster home or a licensed treatment foster home. Under the bill, the agency
making the placement must require the proposed adoptive parent to sign a
statement acknowledging that the proposed adoptive parent understands that there
is no guarantee that the adoption will be finalized. The bill also requires a petition
to terminate the parental rights of a parent of a newborn child who has been
relinquished as provided under current law to be filed no earlier 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 that the child was relinquished.
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:
AB73, s. 1 1Section 1. 48.21 (4) (intro.) of the statutes is amended to read:
AB73,2,52 48.21 (4) Continuation of custody. (intro.) If Subject to sub. (4m), if the judge
3or circuit court commissioner finds that the child should be continued in custody
4under the criteria of s. 48.205, he or she the judge or circuit court commissioner shall
5enter one of the following orders:
AB73, s. 2 6Section 2. 48.21 (4m) of the statutes is created to read:
AB73,3,97 48.21 (4m) Continuation of custody; relinquished newborn child. If the
8judge or circuit court commissioner finds that a child who has been taken into

1custody under s. 48.195 (1) should be continued in custody under the criteria of s.
248.205, the judge or circuit court commissioner shall transfer guardianship and legal
3custody of the child to the department, a child welfare agency licensed under s. 48.61
4(5), or a county department authorized to accept guardianship under s. 48.57 (1) (e)
5and shall order the department, child welfare agency, or county department to place
6the child for adoption under s. 48.833. The department, child welfare agency, or
7county department making the placement shall require the proposed adoptive
8parent to sign a statement acknowledging that the proposed adoptive parent
9understands that there is no guarantee that the adoption will be finalized.
AB73, s. 3 10Section 3. 48.417 (1) (bm) of the statutes is created to read:
AB73,3,1711 48.417 (1) (bm) A court of competent jurisdiction has found that a parent of the
12child relinquished custody of the child under s. 48.195 (1) or under the law of any
13other state or a federal law that is comparable to s. 48.195 (1). If the circumstances
14specified in this paragraph apply, the petition shall be filed or joined in no earlier
15than 30 days after the date on which the child was relinquished as described in this
16paragraph and no later than 60 days after the date on which the court of competent
17jurisdiction found that the child was relinquished as described in this paragraph.
AB73, s. 4 18Section 4. Initial applicability.
AB73,3,2219 (1) Termination of parental rights and adoptive placement of newborn child
20whose custody has been relinquished.
This act first applies to a child whose custody
21is relinquished, as described in section 48.195 (1) of the statutes, on the effective date
22of this subsection.
AB73,3,2323 (End)
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