Termination of parental rights under the safe haven law, the official text

2025 - 2026 LEGISLATURE
LRB-5822/1
MDE:cdc

2025 ASSEMBLY BILL 903
January 23, 2026 - Introduced by Representatives Moses, Dittrich, Doyle, Gundrum, Hurd, Knodl, Maxey, Nedweski, O'Connor and Piwowarczyk, cosponsored by Senators James and Jacque. Referred to Committee on Children and Families.

An Act to amend 48.14 (2) (a), 48.14 (2) (b) and 48.185 (2); to create 48.417 (1m) of the statutes; relating to: termination of parental rights under the safe haven law.

Analysis by the Legislative Reference Bureau
Under current law, a parent may relinquish a newborn child who is 72 hours old or younger to a law enforcement officer, emergency medical services practitioner, or hospital staff member, and that person is required to protect the health and safety of the child and deliver the child to the intake worker for the juvenile court. Once the child is in the custody of the intake worker, the juvenile court must determine whether to continue to hold the newborn child in custody and, within 30 days of that determination, to establish a permanency plan for the child that ensures a placement or home for the child that provides long-term stability. Under current law, the juvenile court may terminate parental rights of the parents of a child who has been relinquished. This law is commonly referred to as the safe haven law.
Under this bill, the district attorney, corporation counsel, or other official designated by a county is required to file a petition to terminate the parental rights of a relinquished newborn child or, if a petition has already been filed, to join 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.
For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

Section 1. 48.14 (2) (a) of the statutes is amended to read:
48.14 (2) (a) For a minor, where parental rights have been terminated under subch. VIII; or.
Section 2. 48.14 (2) (b) of the statutes is amended to read:
48.14 (2) (b) The appointment and removal of a guardian of the person for a child under ss. 48.427, 48.43, 48.831, 48.832, 48.839 (4) (a), 48.977, and 48.978, and for a child found to be in need of protection or services under s. 48.13 because the child is without parent or guardian or because custody of the child has been relinquished under s. 48.195.
Section 3. 48.185 (2) of the statutes is amended to read:
48.185 (2) Guardianship and termination of parental rights proceedings. In an action under s. 48.41, venue shall be in the county where the birth parent or child resides at the time that the petition is filed. Subject to sub. (5), venue for any proceeding under s. 48.977 or any proceeding under subch. VIII when the child has been placed outside the home pursuant to a dispositional order under s. 48.345 or 48.347, shall be in the county where the dispositional order was issued, unless the child’s county of residence has changed or the parent of the child has resided in a different county of this state for 6 months. In either case, the Venue for any proceeding under s. 48.13 (2m) concerning a child whose custody has been
relinquished under s. 48.195 shall be in the county in which the relinquishment occurred. Notwithstanding the venue specified in this subsection, the court may, upon a motion and for good cause shown, transfer the case any action or proceeding specified in this subsection, along with all appropriate records, to the county of residence of the child or parent.
Section 4. 48.417 (1m) of the statutes is created to read:
48.417 (1m) Relinquished child; when petition required. If the court has found probable cause to believe that a parent of the child has relinquished custody of the child as described in s. 48.13 (2m), the district attorney, corporation counsel, or other appropriate official designated under s. 48.09 of the county in which the relinquishment occurred shall file a petition under s. 48.42 (1) to terminate the parental rights of the parent or parents of the child or, if a petition under s. 48.42 (1) to terminate those parental rights has already been filed, shall join in the petition no earlier than 30 days after the date on which the child was relinquished and no later than 60 days after the date on which the court found probable cause to believe that the child was relinquished.
Section 5. Initial applicability.
(1) Termination of parental rights of newborn child whose custody has been relinquished. This act first applies to a child whose custody is relinquished, as described in s. 48.195, on the effective date of this subsection.
Section 6. Effective date.
(1) This act takes effect on the first day of the 6th month beginning after publication.
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