Amendment SSA1-SB313

SB313-SSA1,5,12 48.195 (2) (a) Except as provided in this paragraph, a parent who relinquishes custody of a child under sub. (1) and any person who assists the parent in that relinquishment have the right to remain anonymous. The exercise of that right shall not affect the manner in which a law enforcement officer, emergency medical technician, or hospital or health care clinic staff member performs his or her duties under this section or, if applicable, maintains any medical record. No person may induce or coerce or attempt to induce or coerce a parent or person assisting a parent who wishes to remain anonymous into revealing his or her identity, unless the person has reasonable cause to suspect that the child has been the victim of abuse or neglect or that the person assisting the parent is coercing the parent into relinquishing custody of the child.

SB313-SSA1, s. 4 Section 4. 48.195 (2) (b) of the statutes is amended to read:

SB313-SSA1,5,21 48.195 (2) (b) A parent who relinquishes custody of a child under sub. (1) and any person who assists the parent in that relinquishment may leave the presence of the law enforcement officer, emergency medical technician, or hospital or health care clinic staff member who took custody of the child at any time, and no person may follow or pursue the parent or person assisting the parent, unless the person has reasonable cause to suspect that the child has been the victim of abuse or neglect or that the person assisting the parent has coerced the parent into relinquishing custody of the child.

SB313-SSA1, s. 5 Section 5. 48.195 (2) (d) 1m. of the statutes is created to read:

SB313-SSA1,6,2 48.195 (2) (d) 1m. A child welfare department or other appropriate agency of an Indian tribe for the purpose of determining whether the child is a member of or is eligible for membership in that Indian tribe and for the purpose of providing notice to the Indian tribe under s. 48.028 (4) (a).

SB313-SSA1, s. 6 Section 6. 48.195 (2) (d) 2. of the statutes is amended to read:

SB313-SSA1,6,6 48.195 (2) (d) 2. Appropriate staff of the department, a county department, or a licensed child welfare agency, or a tribal child welfare department that is authorized to provide or is providing services to the child.

SB313-SSA1, s. 7 Section 7. 48.195 (2) (d) 7. of the statutes is amended to read:

SB313-SSA1,6,13 48.195 (2) (d) 7. A tribal court, or other adjudicative body authorized by an Indian tribe to perform child welfare functions, that is authorized to exercise or is exercising jurisdiction over proceedings relating to the child, an attorney who is authorized to represent or is representing the interests of the Indian tribe in those proceedings, or an attorney who is representing the interests of the child in those proceedings.

SB313-SSA1, s. 8 Section 8. 48.195 (2) (e) of the statutes is created to read:

SB313-SSA1,6,18 48.195 (2) (e) No medical records and papers retained by a hospital or health care clinic pertaining to a child relinquished under this section may be disclosed except under s. 48.432 or 48.93 (1g), (1r), or (1v), under circumstances described in s. 146.82 (2) (a) 1., 2., or 3., or by order of the court for good cause shown.

SB313-SSA1, s. 9 Section 9. 48.195 (3) (a) of the statutes is amended to read:

SB313-SSA1,6,24 48.195 (3) (a) Subject to par. (b), a law enforcement officer, emergency medical technician, or hospital or health care clinic staff member who takes a child into custody under sub. (1) shall make available to the parent who relinquishes custody of the child the maternal and child health toll-free telephone number maintained by the department under 42 USC 705 (a) (5) (E).

SB313-SSA1, s. 10 Section 10. 48.195 (4) (b) of the statutes is amended to read:

SB313-SSA1,7,7 48.195 (4) (b) Any law enforcement officer, emergency medical technician, or hospital or health care clinic staff member who takes a child into custody under sub. (1) is immune from any civil liability to the child's parents, or any criminal liability for any good faith act or omission occurring solely in connection with the act of receiving custody of the child from the child's parents, but is not immune from any civil or criminal liability for any act or omission occurring in subsequently providing care for the child.

SB313-SSA1, s. 11 Section 11. 48.355 (2d) (b) 5. of the statutes is amended to read:

SB313-SSA1,7,12 48.355 (2d) (b) 5. That the parent has been found under s. 48.13 (2m) to have relinquished custody of the child under s. 48.195 (1) when the child was 72 hours 30 days old or younger, as evidenced by a final order of a court of competent jurisdiction making that finding.

SB313-SSA1, s. 12 Section 12. 48.415 (1m) of the statutes is amended to read:

SB313-SSA1,7,17 48.415 (1m) Relinquishment. Relinquishment, which shall be established by proving that a court of competent jurisdiction has found under s. 48.13 (2m) that the parent has relinquished custody of the child under s. 48.195 (1) when the child was 72 hours 30 days old or younger.

SB313-SSA1, s. 13 Section 13. 69.14 (1) (i) of the statutes is created to read:

SB313-SSA1,7,21 69.14 (1) (i) Relinquished child. The filing of a birth certificate under this subsection does not affect the obligation of a person to file a birth certificate under sub. (3) if the person assumes custody of a child relinquished under s. 48.195.

SB313-SSA1, s. 14 Section 14. 69.14 (3) (a) (intro.) of the statutes is amended to read:

SB313-SSA1,8,2 69.14 (3) (a) (intro.) Any person who assumes custody of a live born infant of unknown parentage or an infant relinquished under s. 48.195 shall file a birth certificate for the infant within 5 days after assuming custody and shall file the birth certificate with the following information:

SB313-SSA1, s. 15 Section 15. 69.14 (3) (bm) of the statutes is created to read:

SB313-SSA1,8,9 69.14 (3) (bm) Notwithstanding s. 48.195 (2) (d), any person who is required to file a birth certificate under this subsection and who is required to file a birth certificate under sub. (1), or who knows of the existence of a birth certificate filed under sub. (1), shall notify the state registrar that the registrant of the birth certificate filed under sub. (1) and the registrant of the birth certificate filed under this subsection are the same.

SB313-SSA1, s. 16 Section 16. 69.14 (3) (c) of the statutes is amended to read:

SB313-SSA1,8,22 69.14 (3) (c) If at any time after a birth certificate is filed for a registrant under this subsection a birth certificate filed for the registrant at the time of birth of the registrant is found or the registrant is adopted and the adoptive parents sign a birth record giving their names as the adoptive parents or if the state registrar is notified under par. (bm) of a birth certificate filed under sub. (1), the state registrar shall impound the birth certificate filed under this subsection at the time of birth or under sub. (1) and prohibit access except by court order or except by the state registrar for processing purposes. If the registrant of a birth certificate filed under this subsection is adopted and the adoptive parents sign a birth record giving their names as the adoptive parents, the state registrar shall impound the birth certificate filed under this subsection and prohibit access except by court order or except by the state registrar for processing purposes.

SB313-SSA1, s. 17 Section 17. 69.14 (3) (d) of the statutes is created to read:

SB313-SSA1,9,3 69.14 (3) (d) The filing of a birth certificate under this subsection does not affect the obligation of a filing party, as described under sub. (1) (c), to file a birth certificate under sub. (1).

SB313-SSA1, s. 18 Section 18. Initial applicability.

SB313-SSA1,9,7 (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 affected by this act, on the effective date of this subsection.

SB313-SSA1,9,8 (End)