AB926: Bill Text

AB926,8,10 (5) Immunity from liability. (a) Any parent who relinquishes custody of his or her child under sub. (1) and any person who assists the parent in that relinquishment are immune from any civil or criminal liability for any good faith act or omission in connection with that relinquishment. The immunity granted under this paragraph includes immunity for exercising the right to remain anonymous under sub. (2) (a), the right to leave at any time under sub. (2) (b) and the right not to accept any information or written materials and not to complete any affidavit or form under sub. (3) (b).

AB926,8,14 (b) Any law enforcement officer, emergency medical technician or hospital emergency room staff member who takes a child into custody under sub. (1) is immune from any civil or criminal liability for any good faith act or omission occurring within the scope of his or her duties under this section.

AB926,8,17 (c) In any civil or criminal proceeding, the good faith of a person specified in par. (a) or (b) is presumed. This presumption may be overcome only by clear and convincing evidence.

AB926, s. 3 Section 3. 48.355 (2d) (b) 5. of the statutes is created to read:

AB926,8,23 48.355 (2d) (b) 5. That the parent has been found under s. 48.13 (2m) or under a law of any other state or a federal law that is comparable to s. 48.13 (2m) to have relinquished custody of the child under s. 48.195 (1) or under a law of any other state or a federal law that is comparable to s. 48.195 (1) when the child was 30 days old or younger.

AB926, s. 4 Section 4. 48.355 (2d) (c) of the statutes is amended to read:

AB926,9,5 48.355 (2d) (c) If the court makes a finding specified in par. (b) 1., 2., 3. or, 4. or 5., the court shall hold a hearing within 30 days after the date of that finding to determine the permanency plan for the child. If a hearing is held under this paragraph, the agency responsible for preparing the permanency plan shall file the permanency plan with the court not less than 5 days before the date of the hearing.

AB926, s. 5 Section 5. 48.38 (4) (a) of the statutes is amended to read:

AB926,9,13 48.38 (4) (a) The services offered and any service provided in an effort to prevent holding or placing the child outside of his or her home, while assuring that the health and safety of the child are the paramount concerns, and to make it possible for the child to return safely home, except that the permanency plan need not include a description of those services offered or provided with respect to a parent of the child if any of the circumstances specified in s. 48.355 (2d) (b) 1., 2., 3. or, 4. or 5. apply to that parent.

AB926, s. 6 Section 6. 48.38 (5) (c) 7. of the statutes is amended to read:

AB926,9,19 48.38 (5) (c) 7. Whether reasonable efforts were made by the agency to make it possible for the child to return safely to his or her home, except that the court or panel need not determine whether those reasonable efforts were made with respect to a parent of the child if any of the circumstances specified in s. 48.355 (2d) (b) 1., 2., 3. or, 4. or 5. apply to that parent.

AB926, s. 7 Section 7. 48.41 (2) (e) of the statutes is created to read:

AB926,9,24 48.41 (2) (e) The person filing the petition under s. 48.42 files with the court an affidavit signed by a parent who has relinquished custody of his or her child under s. 48.195 (1) and witnessed by 2 persons stating that the parent has been informed and understands the effect of an order to terminate parental rights and that the parent voluntarily disclaims all rights to the child, including the right to notice of proceedings under this subchapter.

AB926, s. 8 Section 8. 48.415 (1m) of the statutes is created to read:

AB926,10,9 48.415 (1m) Relinquishment. Relinquishment, which shall be established by proving that a court of competent jurisdiction has found under s. 48.13 (2m) or under a law of any other state or a federal law that is comparable to s. 48.13 (2m) that the parent has relinquished custody of the child under s. 48.195 (1) or under a law of any other state or a federal law that is comparable to s. 48.195 (1) when the child was 30 days old or younger.

AB926, s. 9 Section 9. 48.42 (2) (a) of the statutes is amended to read:

AB926,10,12 48.42 (2) (a) The parent or parents of the child, unless the child's parent has waived the right to notice under s. 48.41 (2) (d) or (e).

AB926, s. 10 Section 10. 48.422 (9) (a) of the statutes is amended to read:

AB926,10,19 48.422 (9) (a) If a petition for termination of the rights of a birth parent, as defined under s. 48.432 (1) (am), is filed by a person other than an agency enumerated under s. 48.069 (1) or (2) or if the court waives the report required under s. 48.425, the court shall order any parent whose rights may be terminated to file with the court the information specified under s. 48.425 (1) (am), unless the parent has chosen under s. 48.195 (3) (b) not to disclose the information.

AB926, s. 11 Section 11. 48.425 (2) of the statutes is amended to read:

AB926,10,24 48.425 (2) The court may waive the report required under this section if consent is given under s. 48.41, but shall order the birth parent or parents to provide the department with the information specified under sub. (1) (am), unless the parent has chosen under s. 48.195 (3) (b) not to disclose the information.

AB926, s. 12 Section 12. 48.977 (2) (f) of the statutes is amended to read:

AB926,11,9 48.977 (2) (f) That the agency primarily responsible for providing services to the child under a court order has made reasonable efforts to make it possible for the child to return to his or her home, while assuring that the child's health and safety are the paramount concerns, but that reunification of the child with the child's parent or parents is unlikely or contrary to the best interests of the child and that further reunification efforts are unlikely to be made or are contrary to the best interests of the child, except that the court need not find that the agency has made those reasonable efforts with respect to a parent of the child if any of the circumstances specified in s. 48.355 (2d) (b) 1., 2., 3. or , 4. or 5. apply to that parent.

AB926, s. 13 Section 13. 938.355 (2d) (b) 5. of the statutes is created to read:

AB926,11,15 938.355 (2d) (b) 5. That the parent has been found under s. 48.13 (2m) or under a law of any other state or a federal law that is comparable to s. 48.13 (2m) to have relinquished custody of the juvenile under s. 48.195 (1) or under a law of any other state or a federal law that is comparable to s. 48.195 (1) when the juvenile was 30 days old or younger.

AB926, s. 14 Section 14. 938.355 (2d) (c) of the statutes is amended to read:

AB926,11,21 938.355 (2d) (c) If the court makes a finding specified in par. (b) 1., 2., 3., or 4. or 5., the court shall hold a hearing within 30 days after the date of that finding to determine the permanency plan for the juvenile. If a hearing is held under this paragraph, the agency responsible for preparing the permanency plan shall file the permanency plan with the court not less than 5 days before the date of the hearing.

AB926, s. 15 Section 15. 938.38 (4) (a) of the statutes is amended to read:

AB926,12,4 938.38 (4) (a) The services offered and any service provided in an effort to prevent holding or placing the juvenile outside of his or her home, while assuring that the health and safety of the juvenile are the paramount concerns, and to make it possible for the juvenile to return safely home, except that the permanency plan need not include a description of those services offered or provided with respect to a parent of the juvenile if any of the circumstances specified in s. 938.355 (2d) (b) 1., 2., 3. or, 4. or 5. apply to that parent.

AB926, s. 16 Section 16. 938.38 (5) (c) 7. of the statutes is amended to read:

AB926,12,10 938.38 (5) (c) 7. Whether reasonable efforts were made by the agency to make it possible for the juvenile to return safely to his or her home, except that the court or panel need not determine whether those reasonable efforts were made with respect to a parent of the juvenile if any of the circumstances specified in s. 938.355 (2d) (b) 1., 2., 3. or, 4. or 5. apply to that parent.

AB926, s. 17 Section 17. Initial applicability.

AB926,12,14 (1) Relinquishment of newborn child. This act first applies to a child whose custody is relinquished, as described in section 48.195 (1) of the statutes, as created by this act, on the effective date of this subsection.

AB926,12,15 (End)