AB30-SA1,2,85
48.028
(5) (a)
Out-of-home care placement. A voluntary consent by a parent
6or Indian custodian to an out-of-home care placement of an Indian child under s.
748.63 (1) or (5) (b)
or a delegation of powers by a parent regarding the care and
8custody of an Indian child under s. 48.979 is not valid unless the consent
or
9delegation is executed in writing, recorded before a judge, and accompanied by a
10written certification by the judge that the terms and consequences of the consent
or
11delegation were fully explained in detail to and were fully understood by the parent
12or Indian custodian. The judge shall also certify that the parent or Indian custodian
13fully understood the explanation in English or that the explanation was interpreted
1into a language that the parent or Indian custodian understood. Any consent
or
2delegation of powers given under this paragraph prior to or within 10 days after the
3birth of the Indian child is not valid. A parent or Indian custodian who has executed
4a consent
or delegation of powers under this paragraph may withdraw the consent
5or delegation for any reason at any time, and the Indian child shall be returned to
6the parent or Indian custodian. A parent or Indian custodian who has executed a
7consent
or delegation of powers under this paragraph may also move to invalidate
8the out-of-home care placement
or delegation of powers under sub. (6).
AB30-SA1,2,1910
48.028
(6) Invalidation of action. Any Indian child who is the subject of an
11out-of-home care placement
, of a delegation of powers under s. 48.979, or of a
12termination of parental rights proceeding, any parent or Indian custodian from
13whose custody that Indian child was removed, or the Indian child's tribe may move
14the court to invalidate that out-of-home care placement
, delegation of powers, or
15termination of parental rights on the grounds that the out-of-home care placement
16or delegation of powers was made or the termination of parental rights was ordered
17in violation of
25 USC 1911,
1912, or
1913. If the court finds that those grounds exist,
18the court shall invalidate the out-of-home care placement
, delegation of powers, or
19termination of parental rights.
AB30-SA1,2,24
22"(bm) A parent may not delegate under par. (a) his or her powers regarding the
23care and custody of a child who is subject to the jurisdiction of the court under s.
2448.13, 48.14, 938.12, 938.13, or 938.14 unless the court approves the delegation.".
AB30-SA1,3,3
2"(dm) A delegation of powers under par. (a) regarding the care and custody of
3an Indian child is subject to the requirements of s. 48.028 (5) (a).".