AB113: Bill Text

AB113,4,14 48.195 (3) (title) Information for parent; information regarding child.

AB113,6 Section 6. 48.195 (3) (a) of the statutes is renumbered 48.195 (3) (a) (intro.) and amended to read:

AB113,4,21 48.195 (3) (a) (intro.) Subject to par. (b), a law enforcement officer, emergency medical technician, or hospital staff member who takes a child into custody under sub. (1) shall make available to the parent who relinquishes custody of the child the and any person present with the parent during relinquishment a brochure that includes all of the following:

AB113,4,23 1. The maternal and child health toll-free telephone number maintained by the department under 42 USC 705 (a) (5) (E).

AB113,7 Section 7. 48.195 (3) (a) 2. to 8. of the statutes are created to read:

AB113,4,25 48.195 (3) (a) 2. A statement advising the parent of all of the following:

AB113,5,1 a. That the parent has a right to remain anonymous.

AB113,5,4 b. That the provision of any identifying information is voluntary on the part of the parent and the choice to not provide that information will not affect the parent's ability to relinquish the child.

AB113,5,6 c. That any identifying information provided by the parent will be treated as confidential.

AB113,5,12 3. An explanation that, on the request of a biological parent of an Indian child who has been relinquished under sub. (1), a county department or, in a county having a population of 750,000 or more, the department is required to restore physical custody of the child to the biological parent without conditions or further proceedings if the biological parent provides evidence to the satisfaction of the county department or department that all of the following apply:

AB113,5,13 a. The person is the child's biological parent.

AB113,5,14 b. The child is an Indian child.

AB113,5,15 c. The child has not attained the age of 11 days.

AB113,5,17 4. An explanation of the importance to the future well-being of a child of knowing information regarding the child's social and health history.

AB113,5,20 5. An explanation of the importance to an Indian child of maintaining a social and cultural connection to the Indian child's tribe and clan and the potential benefits of tribal enrollment.

AB113,5,21 6. A form on which to provide all of the following information:

AB113,5,23 a. The name, address, telephone number, and any other identifying information of each parent and any person assisting a parent in the relinquishment.

AB113,5,24 b. Information on the ethnicity and race of the child.

AB113,6,2 c. Information regarding any tribal affiliation of the child, including the identity, tribal affiliation, and birth dates of the child's parents and grandparents.

AB113,6,4 d. Information regarding the social and health history of the child and of each parent.

AB113,6,8 7. A postage-paid envelope addressed to the county department of the county in which the relinquishment occurs or, if the relinquishment occurs in a county having a population of 750,000 or more, the department and instructions to use the envelope to return the completed forms.

AB113,8 Section 8. 48.195 (3) (am) of the statutes is created to read:

AB113,6,13 48.195 (3) (am) Subject to par. (b), a law enforcement officer, emergency medical technician, or hospital staff member who takes a child into custody under sub. (1) shall, at the time of taking custody of the child, make a reasonable effort to do all of the following:

AB113,6,16 1. Review the information provided under par. (a) with the parent who relinquishes custody of the child, including the explanation required under par. (a) 4.

AB113,6,18 2. Read aloud or play a recording of the explanation under par. (a) 5. to the parent who relinquishes custody of the child.

AB113,6,22 3. Assist the parent in completing the form described in par. (a) 6. and in returning the completed form to the county department of the county in which the relinquishment occurs or, if the relinquishment occurs in a county having a population of 750,000 or more, the department.

AB113,6,25 4. If the parent declines to review the materials under subd. 1. or to complete the form under subd. 3., encourage the parent to take the materials, to review them at a later time, and to return the completed form in the return envelope.

AB113,9 Section 9. 48.195 (3) (b) of the statutes is amended to read:

AB113,7,8 48.195 (3) (b) The decision decisions whether to accept the information made available under par. (a) is, to engage in the review of that information under par. (am) 1., and to provide that information under par. (am) 3. or 4. are entirely voluntary on the part of the parent. No person may induce or coerce or attempt to induce or coerce or, except as provided in par. (am), induce or attempt to induce any parent into accepting that the information made available under par. (a), engaging in the review under par. (am) 1., or providing the information under par. (am) 3. or 4.

AB113,10 Section 10 . 48.195 (4) (a) of the statutes is amended to read:

AB113,7,19 48.195 (4) (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 under sub. (3) (b), the right not to engage in the review under sub. (3) (am) 1., and the right not to complete the form under sub. (3) (am) 3. and immunity from prosecution under s. 948.20 for abandonment of a child or under s. 948.21 for neglecting a child.

AB113,11 Section 11. 48.195 (4m) of the statutes is created to read:

AB113,8,2 48.195 (4m) Restoration of Indian child to parental custody. (a) Except as provided in par. (b), on the request of a biological parent of an Indian child who has been relinquished under sub. (1), a county department or, in a county having a population of 750,000 or more, the department shall restore physical custody of the child to the biological parent without conditions or further proceedings if the biological parent provides evidence to the satisfaction of the county department or department that all of the following apply:

AB113,8,3 1. The person is the child's biological parent.

AB113,8,4 2. The child is an Indian child.

AB113,8,5 3. The child has not attained the age of 11 days.

AB113,8,9 (b) The requirement to restore physical custody of an Indian child to a parent in par. (a) does not prevent the child from being taken into and held in custody under ss. 48.19 to 48.21 in order to prevent imminent physical harm or damage to the Indian child.

AB113,12 Section 12. 48.195 (6) of the statutes is renumbered 48.195 (6) (a).

AB113,13 Section 13. 48.195 (6) (b) of the statutes is created to read:

AB113,8,18 48.195 (6) (b) The department shall develop written materials for inclusion in the brochure under sub. (3) (a). The department shall consult with the Indian tribes in this state in developing the materials described in sub. (3) (a) 5. and the portion of the form under sub. (3) (a) 6. described in sub. (3) (a) 6. c. To the extent practicable, the department shall include in the portion of the form under sub. (3) (a) 6. described in sub. (3) (a) 6. c. the option for identification of an individual by a tribally issued identification number or other method that does not reveal the individual's name.

AB113,14 Section 14 . 48.355 (2d) (b) 5. of the statutes is amended to read:

AB113,8,23 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 old or younger and not to have had physical custody restored under s. 48.195 (4m) (a), as evidenced by a final order of a court of competent jurisdiction making that finding.

AB113,15 Section 15 . 48.415 (1m) of the statutes is amended to read:

AB113,9,5 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 old or younger and has not had physical custody restored under s. 48.195 (4m) (a).

AB113,9,6 (End)