Various changes to the safe haven law. (FE)

The bill requires a person who takes custody of a relinquished child to make a reasonable effort to provide the relinquishing parent with a brochure that includes a statement of the parent's right to remain anonymous, the steps to take if the parent changes his or her mind about relinquishment, an explanation of the importance of knowing the child's social and health history, an explanation of the importance to an Indian child of maintaining a social and cultural connection to his or her tribe, and a form on which to provide identifying information for each parent and information about the child's social and health history and tribal affiliation, if any.

Under the bill, a person who takes custody of a relinquished child must make a reasonable effort to solicit certain information about the social and health history of the child and any tribal affiliation of the child and, if the parent declines to provide the information solicited, must encourage the parent to submit the information to the county or, in Milwaukee County, to DCF at a later date. Under the bill, a person who obtains information relating to the tribal affiliation of a relinquished child must promptly transmit the information to the appropriate child welfare department, and the bill requires the child welfare department that obtains information relating to the tribal affiliation of a relinquished child to promptly transmit the information to the tribal agent of the child's tribe.

Under the bill, after the juvenile court finds that a relinquished newborn child should continue to be held in custody, the court must transfer guardianship and legal custody of the child to the appropriate public adoption agency for placement in a licensed foster home, and the court must include in the continuation of custody order a finding that there is probable cause to believe that the newborn has been relinquished. The proposed adoptive parent must sign a statement acknowledging that the proposed adoptive parent understands that there is no guarantee that the adoption will be finalized. The bill specifies that any child welfare proceeding regarding an Indian child who has been relinquished under the safe haven law must comply with the state and federal Indian Child Welfare Acts.

Under the bill, the district attorney, corporation counsel, or other official designated by a county must file a petition to terminate the parental rights of a parent of a relinquished newborn child or, if a petition has already been filed, to join in the petition. Under the bill, the petition must be filed in the county in which the relinquishment occurred no sooner than 30 days after the date on which the child was relinquished and no later than 60 days after the date on which the juvenile court found probable cause to believe that the child was relinquished.

Birth records for relinquished newborns Under current law, a birth record must be prepared and filed within five days after an infant's birth. In the case of an infant with unknown parents (foundling), any person who assumes custody of the foundling must file a birth record within five days after assuming custody. A birth record for a foundling is not required to contain the name of the mother or the father of the infant but is required to be marked foundling by the local registrar. Currently, if the birth record filed at the time of birth for a foundling is found or the foundling is adopted and the adoptive parents sign a birth record giving their names as the adoptive parents, the state registrar is required to impound the foundling birth record.

The bill clarifies that a person must file a foundling birth record for an infant who is relinquished under the safe haven law in addition to filing a foundling birth record for a live born infant of unknown parentage. The bill requires any person who is required to file a foundling birth record and either files or knows of the filing of a birth record at the time of birth to notify the state registrar that the birth record filed at the time of birth and the foundling birth record are for the same infant so that the state registrar may impound a birth record. Under the bill, when a birth record filed at the time of birth is located for a foundling or if a person notifies the state registrar of the birth record filed at the time of birth for a foundling, the state registrar must impound the birth record filed at the time of birth instead of the foundling birth record. The bill maintains the current requirement for the state registrar to impound the foundling birth record for foundlings who are adopted and for whom the adoptive parents sign a birth record giving their names as the adoptive parents.