Assembly Bill 70 introduces a new process for parents to disclaim their parental rights for children under one year of age without needing to appear in court. This bill allows a mother, father, or alleged or presumed father to file a written affidavit to terminate their parental rights, provided certain conditions are met, including that no participant in the court proceeding knows or has reason to know that the child is an Indian child. The affidavit must be witnessed and notarized, and it includes specific requirements regarding the understanding of the implications of terminating parental rights. The bill also stipulates that the affidavit can be executed by the father before the child's birth and by either parent within a specified timeframe after birth, with conditions for revocation.
Additionally, the bill permits payments to be made to licensed out-of-state private child placing agencies for services related to adoption, expanding the current law that only allows payments to in-state agencies. This change aims to facilitate adoption processes while ensuring compliance with the federal Indian Child Welfare Act. The bill amends several sections of the statutes and creates new provisions to accommodate these changes, including the establishment of a new section that outlines the requirements and procedures for the affidavit of disclaimer of parental rights.
Statutes affected: Bill Text: 48.41(1), 48.41