AB526: Bill Text

A consent entitles the prospective adoptive parent to custody of the child and imposes on him or her the duty to support the child. A relinquishment entitles the agency to custody of the child and empowers the agency to place the child for adoption, consent to the child's adoption and delegate the duty to support the child to the prospective adoptive parents. Both a consent and a relinquishment terminate any duty that the parent had to the child, except to pay child support arrears, and terminate the right of the parent to object to the adoption and to receive notice of the adoption proceeding.

A consent or relinquishment may be revoked if the parent notifies the prospective adoptive parent or agency within 192 hours (eight days) after the birth of the child or complies with any other instructions for revocation specified in the consent or relinquishment or if the parent and prospective adoptive parent agree to the revocation. The juvenile court must set aside a consent or relinquishment if the parent proves by clear and convincing evidence that the consent or relinquishment was obtained by fraud or duress or proves by a preponderance of the evidence that a condition permitting revocation, as provided for in the consent or relinquishment, has occurred. A consent may also be set aside if the parent proves by a preponderance of the evidence that a petition for adoption has not been filed within 30 days after the placement. If the consent or relinquishment of a parent who had custody of the minor when the consent or relinquishment was executed is set aside on the grounds of fraud or duress or revoked, the juvenile court must dismiss the adoption proceeding and return the child to the parent. If the consent or relinquishment of a parent who had custody of the minor when the consent or relinquishment was executed is set aside because a condition permitting revocation, as provided for in the consent or relinquishment, has occurred or because a petition has not been filed within 30 days after the placement, the juvenile court must dismiss any petition that may be pending and return the child to the parent, unless returning the child would be detrimental to the child. If the consent or relinquishment of a parent who did not have custody of the child when the consent or relinquishment was executed is set aside, the juvenile court must dismiss any petition that may be pending and issue an order for the care and custody of the child according to the best interest of the child.

Juvenile court procedures

The bill specifies the procedures that the juvenile court must follow in processing a petition for adoption.

A juvenile court in this state has jurisdiction over a proceeding for adoption if the child has lived in this state for six consecutive months immediately before the commencement of the proceeding or, if the child is less than six months of age, from soon after birth; the prospective adoptive parent has lived in this state for six consecutive months immediately before the commencement of the proceeding, the agency that placed the child is located in this state and the child and his or her parent, or the child and prospective adoptive parent, have a significant connection with this state; the child is physically present in this state and has been abandoned or it is necessary in an emergency to protect the child; or no other state has jurisdiction or another state has declined jurisdiction because this state is the more appropriate forum for the proceeding. A juvenile court in this state, however, does not have jurisdiction if a proceeding for the custody or adoption of the child is pending in a court in another state or a court in another state has issued a decree concerning the custody of the child, unless that court does not have continuing jurisdiction to modify the decree or has declined to exercise that jurisdiction or does not have jurisdiction over the adoption of the child or has declined to exercise that jurisdiction.

The bill requires a minor parent, an incompetent parent or an indigent parent to be represented by counsel, unless the indigent parent declines. The bill permits the juvenile court to appoint a guardian ad litem for the child if the proceeding is uncontested and requires the juvenile court to appoint a guardian ad litem for the child if the proceeding is contested.

The bill requires a proceeding for adoption or TPR to be heard by a court without a jury and to be closed to the general public. The bill also permits the juvenile court to make an interim order for the custody of the child in an uncontested proceeding and requires the juvenile court to make such an order in a contested proceeding. The bill prohibits a petitioner from removing the child from this state for more than 30 days without the permission of the court or, if an agency adoption, the permission of the agency.

A person with whom a child has been placed for adoption or who has been selected as a prospective adoptive parent or a person with whom a child has not been placed for adoption or who has not been selected as a prospective adoptive parent, but who has had physical custody of the child for at least six months immediately before filing the petition, has standing to petition for adoption. A person with whom a child is placed for adoption must file the petition within 30 days after the placement.

The bill specifies what information must be contained in the petition for adoption and what documents must be filed with the juvenile court before the hearing on the petition. Those documents include the child's birth certificate; any consent, relinquishment or disclaimer of parental interest that has been executed; any TPR order or order concerning custody or visitation with the child; any evaluation of the prospective adoptive parent; the background information provided by the parent; a document indicating that the parent does not wish to have any indentifying information about the parent disclosed; and a document stating the name and address of any person entitled to receive notice of the proceeding.

The bill requires notice of the adoption proceeding to be served, within 20 days after the filing of the petition, on any individual or agency whose consent to the adoption is required; on any possible father of the child; on any person who has custody of or visitation rights with the child; on the spouse of the petitioner, if the spouse has not joined in the petition; on the child's grandparent, if the child's parent is deceased and has not consented to the adoption, relinquished the child or had his or her parental rights terminated; on any person who has revoked his or her consent or relinquishment; and on any person who can provide relevant information about the adoption. If a person fails to respond to a notice within 20 days after its service, the person may not appear in the proceeding and is not entitled to receive any further notice of the proceeding. If at any time in the proceeding the juvenile court finds that an unknown father may not have received notice of the proceeding, the juvenile court must determine if the unknown father can be identified. If the father is identified, the juvenile court must require notice to be served on him. If the father is not identified or his whereabouts are unknown, the juvenile court must order publication of the notice, if the juvenile court determines that publication is likely to lead to receipt of notice by the father, or may dispense with publication if the juvenile court determines that publication is not likely to lead to receipt of notice.

After the filing of the petition for adoption, but before the decree of adoption is entered, a parent, guardian or agency that intends to place, or has placed, a child for adoption, a parent who is the spouse of a stepparent who intends to adopt the child or a prospective adoptive parent may file a petition to terminate the parental rights of a parent of the child. Under the bill, a person's parental rights may be terminated on any of the following grounds:

1. If the person fails to respond or claim paternity within 20 days after service of the notice of the TPR proceeding.

2. If the juvenile court dispenses with notice because publication of the notice is not likely to lead to the person receiving notice.

3. If the person has failed to support and visit regularly with the child and has not manifested an ability and willingness to assume custody of the child, unless the person proves that he or she had a compelling reason for not doing so.

4. If the person has been convicted of abandonment, torture, chronic abuse, sexual abuse or homicide of a child or of violating a domestic abuse, child abuse or harassment restraining order and the facts of the crime or violation show that the person is unfit to maintain a parental relationship with the child.

5. The person was not married to the child's mother when the child was conceived or born and is not the biological or adoptive father of the child.

6. If termination of the person's parental rights is justified on any of the grounds specified in current law, for example, abandonment, continuing need of protection or services, continuing parental disability, continuing denial of periods of physical placement, failure to assume parental responsibility, incestuous parenthood, intentional homicide of a parent, parenthood as a result of a sexual assault, commission of a serious felony against one of the person's children or prior involuntary TPR to another child.

Even if the respondent had a compelling reason for not supporting, visiting and being able to assume custody of the child and even if a TPR is not otherwise justified, the juvenile court may still order a TPR on any of the following grounds:

1. If the respondent is not able or willing promptly to assume custody and pay for the child's support.

2. If the respondent is not able or willing promptly to establish and maintain contact with the child and to pay for the child's support.

3. If placing the child with the respondent would pose a substantial risk to the well-being of the child.

4. If failure to TPR would be detrimental to the child.

If a TPR order is granted, the relationship of parent and child between the respondent and the child is terminated, except for the obligation to pay child support arrears, the right of the respondent to withhold his or her consent to the adoption and to receive notice of the adoption proceeding is extinguished and the order is a final order for purposes of appeal. If a TPR petition is denied, the juvenile court must dismiss the underlying petition for adoption and determine the custody of the child.

After a petition for adoption is filed, the juvenile court must order an evaluator certified by DHFS to make an evaluation of the child's placement with the prospective adoptive parent. The evaluation must be based on a personal interview with the prospective adoptive parent in his or her residence, observation of the relationship between the child and the prospective adoptive parent and certain information that must be included in the report on the evaluation. That information includes any changes in the life of the prospective adoptive parent since the preplacement evaluation; the condition of the child; the expenses incurred, paid or to be paid and anything of value exchanged or to be exchanged in connection with the adoption; any specific concerns about the suitability of the prospective adoptive parent or his or her home; the finding of the evaluator about that suitability; and the recommendation of the evaluator about granting the petition. The evaluation must be filed within 60 days after it is ordered, unless the evaluator has specific concerns about the well-being of the child, in which case the evaluation must be filed immediately.

The juvenile court must hold a hearing on the petition for adoption not less than 90 days nor more than 180 days after the petition is filed, unless the juvenile court sets an earlier or later date for good cause shown. At least ten days before the hearing the prospective adoptive parent must file with the juvenile court an accounting of any payments made in connection with the adoption and the attorney for the prospective adoptive parent, the attorney for the parent or guardian, the agency, if an agency is involved, and the guardian of the child must file affidavits with the court itemizing any fees received in connection with the adoption.

The juvenile court must grant the adoption if it finds that the adoption will be in the best interest of the child, that the petitioner is a suitable adoptive parent for the child and that the various requirements governing an adoption proceeding have been met, for example, notice has been served on everyone entitled to receive notice or dispensed with; all necessary consents, relinquishments, disclaimers and TPR's have been obtained; any required evaluations have been filed; the Indian Child Welfare Act and any interstate or intercountry compact on adoption, if applicable, have been complied with; the juvenile court has reviewed the accounting of payments and affidavits of fees and has denied, modified or ordered reimbursement of any unauthorized, unreasonable or unnecessary payments; the petitioner has received the report on the child's background; and any document signed by the birth parent prohibiting the disclosure of his or her identity has been filed. Even if the juvenile court finds that a prohibited activity has occurred, the juvenile court must still grant the adoption, if the juvenile court finds that the adoption is in the best interest of the child, the petitioner is suitable and the other requirements have been met, and report the prohibited activity to the appropriate authorities.

After the adoption, the relationship of parent and child between the former parent and the adoptee terminates, except for the duty to pay child support arrears, and any existing order for visitation or communication ceases. After the adoption, the adoptive parent and child have the relationship of parent and child.

The bill limits the challenges that may be made to a decree of adoption as follows:

1. A person who waived notice of the adoption proceeding or who failed to respond in the proceeding may not move to vacate or annul the decree.

2. No person may challenge the decree on the ground that another person failed to comply with an agreement for visitation with the child.

3. No person may challenge the decree more than six months after it is entered. If a person challenges a decree, the person must show by clear and convincing evidence that the decree is not in the best interest of the child.

Within 30 days after a decree of adoption becomes final, the clerk of the juvenile court must send to the state registrar a report of the adoption containing the information necessary to issue a new birth certificate. The state registrar must issue a new birth certificate for a child born in this state, unless the juvenile court orders, or the adoptive parents or child, if 12 years of age or over, request, that a new birth certificate not be issued. If the state registrar issues a new birth certificate, the state registrar must seal the original birth certificate for 99 years after the child's date of birth.

Confidentiality of records

Under the bill, all records pertaining to an adoption, whether in the possession of the juvenile court, an agency, the state registrar, an attorney or another provider of professional services, are confidential and may not be disclosed, except by order of the juvenile court or as otherwise provided in the bill.

The bill requires the juvenile court or an agency to disclose nonidentifying information about an adoptee, the adoptee's former parents and the adoptee's genetic history to the parent or guardian of an adoptee under 18 years of age, the adoptee, if 18 years of age or over, an emancipated adoptee, the direct descendant of a deceased adoptee, if 18 years of age or over, or the parent or guardian of a direct descendant of a deceased adoptee, if the direct descendant is under 18 years of age.

If the juvenile court receives a statement from a physician explaining how a health condition may seriously affect the health of an adoptee or a direct descendant of an adoptee, the juvenile court must make a diligent effort to notify the adoptee, if 18 years of age or over, the parent or guardian of the adoptee, if the adoptee is under 18 years of age or a direct descendant of a deceased adoptee that nonidentifying information about the health condition may be requested from the juvenile court. Similarly, if the juvenile court receives a statement from a physician explaining why a serious health condition of an adoptee or a direct descendant of an adoptee should be communicated to the adoptee's genetic parent or sibling to enable them to make an informed reproductive decision, the juvenile court must make a diligent effort to notify the genetic parent or sibling that nonidentifying information about the health condition may be requested from the juvenile court.

If the state registrar receives a request for additional information about an adoptee, the state registrar must refer the requester to the court or agency that has the records about the adoptee. If no court or agency has the information, the state registrar must, on request, conduct a search for the birth parent to obtain the information as under current law.

The bill requires the state registrar to disclose identifying information about an adoptee's former parent to the adoptee, if 18 years of age or over, the adoptee's parent or guardian, if the adoptee is under 18 years of age, a direct descendant of a deceased adoptee, if 18 years of age or over, or the parent or guardian of a direct descendant of a deceased adoptee, if the direct descendant is under 18 years of age, on request unless the former parent or an adult descendant of a deceased or incompetent former parent has prohibited that disclosure.

The bill also requires the state registrar to disclose identifying information about an adoptee or a direct descendant of a deceased adoptee to the adoptee's former parent on request if the adoptee, or direct descendant has attained 18 years of age.

In addition, the bill requires the state registrar to disclose identifying information about an adult sibling of an adoptee who is 18 years of age or over if the sibling is also an adoptee. In disclosing information about an adult sibling, the state registrar may not also disclose information about the adoptee's former parent if the former parent has prohibited that disclosure.

The state registrar must also disclose the original birth certificate of an adoptee to the adoptee, if 18 years of age or over, the parent or guardian of an adoptee, if under 18 years of age, a direct descendant of a deceased adoptee, if 18 years of age or over, or the parent or guardian of a direct descendant of a deceased adoptee, if the direct descendent is under 18 years of age, unless any individual named as a parent on the birth certificate has prohibited that disclosure. Ninety-nine years after an adoptee's birth, however, the adoptee's original birth certificate is unsealed and may be disclosed in the same manner as any public record.

A person who is eligible to obtain information about an adoption may petition the juvenile court to obtain information not otherwise available under the bill. In determining whether to grant the petition, the juvenile court must make specific findings as to why the petitioner is seeking the information, if the petitioner is an adoptee under 18 years of age or the parent or guardian of an adoptee under 18 years of age, whether the subject of the information has requested that the information not be disclosed, whether the subject of the information is alive, whether the petitioner's request can be satisfied without disclosing the information and the likely effect on the adoptee and his or her original and adoptive families of disclosing the information. The juvenile court may order the information to be disclosed if the juvenile court determines that good cause exists for disclosing the information, that there is a compelling reason for disclosing the information and that the benefit of disclosing the information is greater than the harm.

Prohibited and permissible activities

The bill prohibits certain activities in connection with an adoption. Under the bill:

1. No person, other than a parent, a guardian, an agency, or a person providing adoption information exchange services or adoption information, may place a child for adoption or advertise that a child is available for adoption.

2. No person, other than an individual with a favorable preplacement evaluation or an agency, may advertise that the person is willing to accept a child for adoption.

3. No person, other than a person with a favorable preplacement evaluation or a waiver of that requirement, a relative or a stepparent, may obtain custody of a child for the purposes of adoption.

4. No person may place a child for adoption with a person, other than a stepparent or relative, unless the person has a favorable preplacement evaluation or a waiver of that requirement.

The bill prohibits certain payments in connection with an adoption. Under the bill, no person may pay, give or offer to pay or give, and no person may request, receive or accept, money or anything of value for the placement of a child for adoption, a consent to an adoption or a relinquishment for the purposes of adoption. The bill also prohibits a parent from receiving any payment, even a lawful payment, with the intent not to consent to an adoption or to relinquish his or her child for adoption.

The bill expressly permits an adoptive parent to make certain payments in connection with an adoption. Those payments include payments for the services of an agency, advertising to locate a child for adoption, medical and other expenses incurred in connection with the birth or any illness of the child, counseling for the birth parent and child, the mother's living expenses for a reasonable time before the birth of the child and for no more than six weeks after the child's birth, expenses incurred in obtaining background information about the child, legal fees, court costs, travel and other administrative expenses, expenses incurred in obtaining evaluations of the adoptive parent and any other services that the juvenile court finds are reasonably necessary. The payment of those expenses may not be made contingent on placement of the child for adoption, relinquishment of the child for adoption or consent to the adoption. If the adoption is not finalized, a person who is authorized to make a payment is not liable for that payment unless the person has agreed to make the payment regardless of the outcome of the adoption proceeding.

Similarly, the bill expressly permits an agency to charge a prospective adoptive parent for the cost of certain services rendered in connection with an adoption. Those costs include the cost of medical and other expenses incurred in connection with the child's birth, counseling, the mother's living expenses, expenses incurred in obtaining background information about the child, legal fees and other administrative expenses and expenses incurred in obtaining evaluations of the adoptive parent.

The bill also provides penalties for certain violations committed in connection with an adoption. Under the bill, the following persons are subject to penalties:

1. A person, other than a parent, who has a duty to disclose background information about a child and who intentionally fails to disclose that information.

2. An employe of an agency, the juvenile court or the state registrar who intentionally destroys background information about a child.

3. A prospective adoptive parent who knowingly fails to furnish information or who knowingly furnishes false information to an evaluator.

4. An evaluator who knowingly prepares a false evaluation.

5. A parent who knowingly misidentifies the other parent.

6. A person who knowingly makes an unauthorized disclosure of confidential information, whether identifying or nonidentifying, or who gives or offers to give, or who accepts or agrees to accept, anything of value for that disclosure.

Stepparent and adult adoptions

Finally, the bill makes special provisions for stepparent and adult adoptions.

In general, the procedures of a stepparent adoption are similar to those of a stranger adoption, except that certain procedures are relaxed for a stepparent adoption. For example, a preplacement evaluation is not required for a stepparent adoption and the juvenile court may, but is not required to, order a postpetition evaluation of a stepparent. The legal consequences of a stepparent adoption differ from those of a stranger adoption in that a stepparent adoption does not terminate the relationship between the child and the parent who is the stepparent's spouse, an existing visitation order for a relative of the stepparent's spouse survives the adoption decree, the juvenile court may approve an existing visitation agreement for the former parent or a grandparent through the former parent and the stepchild continues to have the right of inheritance or intestate succession from or through the former parent.

The bill permits an adult to adopt another adult in order to create a parent-child relationship. An adult may not, however, adopt his or her spouse and, if the adult adoptee is incompetent, the procedures for the adoption of a child must be followed. Because an adult may consent to his or her own adoption, notices to, and the consent of, the adoptee's parents are not required. Instead, the consent only of the adoptee, the prospective adoptive parent and the parent's spouse is required.

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:

AB526, s. 1 Section 1. 20.435 (3) (jj) of the statutes is amended to read:

AB526,16,6 20.435 (3) (jj) Searches for birth parents and adoption record information; foreign adoptions. The amounts in the schedule for paying the cost of searches for birth parents under ss. 48.432 (4) and 48.433 (6) and for paying the costs of reviewing, certifying and approving and certifying foreign adoption documents under s. 48.838 48.976 (2) and (3). All moneys received as fees paid by persons requesting a search under s. 48.432 (3) (c) or (4), or 48.433 (6) or 48.93 (1r) requesting information under s. 48.95 and paid by persons for the review, and certification and approval of foreign adoption documents under s. 48.838 48.976 (2) and (3) shall be credited to this appropriation.

AB526, s. 2 Section 2. 46.03 (18) (am) of the statutes is amended to read:

AB526,16,10 46.03 (18) (am) Paragraph (a) does not prevent the department from charging and collecting the cost of adoptive placement investigations and child care as authorized under s. 48.837 (7) 48.96 (3) (a) 8.

AB526, s. 3 Section 3. 46.03 (18) (b) of the statutes is amended to read:

AB526,16,21 46.03 (18) (b) Except as provided in s. 46.10 (14) (b) and (c), any person receiving services provided or purchased under par. (a) or the spouse of the person and, in the case of a minor, the parents of the person, and, in the case of a foreign child described in s. 48.839 (1) 48.82 (8) who became dependent on public funds for his or her primary support before an order granting his or her adoption, the resident of this state appointed guardian of the child by a foreign court who brought the child into this state for the purpose of adoption, shall be liable for the services in the amount of the fee established under par. (a). If a minor receives services without consent of a parent or guardian under s. 51.47, the department shall base the fee solely on the minor's ability to pay.

AB526, s. 4 Section 4. 46.10 (2) of the statutes is amended to read:

AB526,17,24 46.10 (2) Except as provided in subs. (2m) and (14) (b) and (c), any person, including but not limited to a person admitted, committed or placed under s. 975.01, 1977 stats., s. 975.02, 1977 stats., and s. 975.17, 1977 stats., and ss. 51.10, 51.13, 51.15, 51.20, 51.35 (3), 51.37 (5), 51.45 (10), (11), (12) and (13), 55.05, 55.06, 971.14 (2) and (5), 971.17 (1), 975.06 and 980.06, receiving care, maintenance, services and supplies provided by any institution in this state including University of Wisconsin Hospitals and Clinics, in which the state is chargeable with all or part of the person's care, maintenance, services and supplies, any person receiving care and services from a county department established under s. 51.42 or 51.437 or from a facility established under s. 49.73, and any person receiving treatment and services from a public or private agency under s. 971.17 (3) (d) or (4) (e), 980.06 (2) (c) or 980.08 (5) and the person's property and estate, including the homestead, and the spouse of the person, and the spouse's property and estate, including the homestead, and, in the case of a minor child, the parents of the person, and their property and estates, including their homestead, and, in the case of a foreign child described in s. 48.839 (1) 48.82 (8) who became dependent on public funds for his or her primary support before an order granting his or her adoption, the resident of this state appointed guardian of the child by a foreign court who brought the child into this state for the purpose of adoption, and his or her property and estate, including his or her homestead, shall be liable for the cost of the care, maintenance, services and supplies in accordance with the fee schedule established by the department under s. 46.03 (18). If a spouse, widow or minor, or an incapacitated person may be lawfully dependent upon the property for their support, the court shall release all or such part of the property and estate from the charges that may be necessary to provide for those persons. The department shall make every reasonable effort to notify the liable persons as soon as possible after the beginning of the maintenance, but the notice or the receipt thereof is not a condition of liability.

AB526, s. 5 Section 5. 46.215 (1) (h) of the statutes is amended to read:

AB526,18,5 46.215 (1) (h) To administer juvenile welfare services under s. 938.57; and, if contracted to do so by the department, to accept custody and guardianship of children upon the order of a competent court, and to place children for adoption and to make recommendations relating to the adoption of children under s. 48.85 under s. 48.82 (3).

AB526, s. 6 Section 6. 46.215 (1) (i) of the statutes is amended to read:

AB526,18,9 46.215 (1) (i) To make such investigations as the evaluations that are provided for in s. 48.88 (2) (a) and (c), if contracted to do so by the department and if the court having jurisdiction so directs ss. 48.83, 48.91 and 48.94 (11).

AB526, s. 7 Section 7. 46.22 (1) (c) 4. of the statutes is amended to read:

AB526,18,13 46.22 (1) (c) 4. Make investigations which the evaluations that are provided for under s. 48.88 (2) (a) and (c), if the court having jurisdiction so directs ss. 48.83, 48.91 and 48.94 (11).

AB526, s. 8 Section 8. 48.025 (2) of the statutes is amended to read:

AB526,18,20 48.025 (2) The declaration provided in sub. (1) may be filed at any time except after a termination of the father's rights under subch. VIII or s. 48.90. The declaration shall be in writing, signed by the person filing the declaration and shall contain the person's name and address, the name and last-known address of the mother, the month and year of the birth or expected birth of the child and a statement that he has reason to believe that he may be the father of the child.

AB526, s. 9 Section 9. 48.14 (1) of the statutes is amended to read:

AB526,18,23 48.14 (1) The termination of parental rights to a minor in accordance with subch. VIII or s. 48.90.

AB526, s. 10 Section 10. 48.14 (2) (b) of the statutes is amended to read:

AB526,19,4 48.14 (2) (b) The appointment and removal of a guardian of the person for a child under ss. 48.427, 48.428, 48.43, 48.831, 48.832, 48.839 (4) (a), 48.977 and, 48.978, 48.979 and 48.9795 and ch. 880 and for a child found to be in need of protection or services under s. 48.13 because the child is without parent or guardian.

AB526, s. 11 Section 11. 48.23 (2) of the statutes is amended to read:

AB526,19,15 48.23 (2) Right of parents to counsel. Whenever a child is the subject of a proceeding involving a contested adoption or the involuntary termination of parental rights or a contested adoption, any parent under 18 years of age who appears before the court shall be represented by counsel; but no such parent may waive counsel. A minor parent petitioning for the voluntary termination of parental rights shall be represented by a guardian ad litem. If a proceeding involves a contested adoption or the involuntary termination of parental rights or a contested adoption, any parent 18 years old or older who appears before the court shall be represented by counsel; but the parent may waive counsel provided the court is satisfied such waiver is knowingly and voluntarily made.

AB526, s. 12 Section 12. 48.23 (4) of the statutes is amended to read:

AB526,20,14 48.23 (4) Providing counsel. In any situation under this section in which a person child or a parent under 18 years of age has a right to be represented by counsel or is provided counsel at the discretion of the court and counsel is not knowingly and voluntarily waived, the court shall refer the person to the state public defender and counsel shall be appointed by the state public defender under s. 977.08 without a determination of indigency. If the referral is of a person who has filed a petition under s. 48.375 (7), the state public defender shall appoint counsel within 24 hours after that referral. Any counsel appointed in a petition filed under s. 48.375 (7) shall continue to represent the child in any appeal brought under s. 809.105 unless the child requests substitution of counsel or extenuating circumstances make it impossible for counsel to continue to represent the child. In any situation under sub. (2) or (2m) in which a parent 18 years of age or over or an adult expectant mother is entitled to representation by counsel; counsel is not knowingly and voluntarily waived; and it appears that the parent or adult expectant mother is unable to afford counsel in full, or the parent or adult expectant mother so indicates; the court shall refer the parent or adult expectant mother to the authority for indigency determinations specified under s. 977.07 (1). In any other situation under this section in which a person has a right to be represented by counsel or is provided counsel at the discretion of the court, competent and independent counsel shall be provided and reimbursed in any manner suitable to the court regardless of the person's ability to pay, except that the court may not order a person who files a petition under s. 813.122 or 813.125 to reimburse counsel for the child who is named as the respondent in that petition.