This is the preview version of the Wisconsin State Legislature site.
Please see http://docs.legis.wisconsin.gov for the production version.
SB232-SSA1,9 6Section 9. 48.42 (2) (b) 2. of the statutes is repealed.
SB232-SSA1,10 7Section 10. 48.42 (2) (b) 3. of the statutes is repealed.
SB232-SSA1,11 8Section 11. 48.42 (2) (bm) (intro.) and 1. of the statutes are consolidated,
9renumbered 48.42 (2) (bm) and amended to read:
SB232-SSA1,11,1610 48.42 (2) (bm) If the child is a nonmarital child who is under one year of age
11at the time the petition is filed and who is not adopted or whose parents do not
12subsequently intermarry under s. 767.803 and whose paternity has not been
13established and if an affidavit under sub. (1g) (a) is filed with the petition: 1. A , a
14person who has filed an unrevoked declaration of paternal interest under s. 48.025
15before the birth of the child, within 14 days after the birth of the child, or within 21
16days after a notice under sub. (1g) (b) is mailed, whichever is later.
SB232-SSA1,12 17Section 12. 48.42 (2) (bm) 2. of the statutes is repealed.
SB232-SSA1,13 18Section 13. 48.422 (6) (a) of the statutes is amended to read:
SB232-SSA1,12,319 48.422 (6) (a) In the case of a nonmarital child who is not adopted or whose
20parents do not subsequently intermarry under s. 767.803 and for whom paternity
21has not been established, or for whom a declaration of paternal interest has not been
22filed under s. 48.025 within 14 days after the date of birth of the child or, if s. 48.42
23(1g) (b) applies, within 21 days after the date on which the notice under s. 48.42 (1g)
24(b) is mailed, the court shall hear testimony concerning the paternity of the child.
25Based on the testimony, the court shall determine whether all interested parties who

1are known have been notified for whom notice is required under s. 48.42 (2) and (2g)
2(ag) have been notified. If not, the court shall adjourn the hearing and order
3appropriate notice to be given.
SB232-SSA1,14 4Section 14. 48.424 (title) of the statutes is amended to read:
SB232-SSA1,12,5 548.424 (title) Fact-finding and dispositional hearing.
SB232-SSA1,15 6Section 15. 48.424 (1) (intro.) of the statutes is amended to read:
SB232-SSA1,12,97 48.424 (1) (intro.) The purpose of the fact-finding portion of the fact-finding
8and dispositional
hearing is to determine in cases in which the petition was contested
9at the hearing on the petition under s. 48.422 all of the following:
SB232-SSA1,16 10Section 16. 48.424 (2) (intro.) of the statutes is amended to read:
SB232-SSA1,12,1211 48.424 (2) (intro.) The fact-finding and dispositional hearing shall be
12conducted according to the procedure specified in s. 48.31 except as follows:
SB232-SSA1,17 13Section 17. 48.424 (4) (intro.) of the statutes is amended to read:
SB232-SSA1,12,2514 48.424 (4) (intro.) The court or jury shall hear all evidence relevant to the issues
15under sub. (1) and to the issue of disposition under s. 48.427 before making a
16determination of whether there are grounds for the termination of parental rights.

17If grounds for the termination of parental rights are found by the court or jury, the
18court shall find the parent unfit. A finding of unfitness shall not preclude a dismissal
19of a petition under s. 48.427 (2). Except as provided in s. 48.23 (2) (b) 3., the The court
20shall then proceed immediately to hear evidence and motions related to the
21dispositions enumerated in
make a disposition under s. 48.427. Except as provided
22in s. 48.42 (2g) (ag), the court may delay making a determination of whether the
23parent is unfit and making
the disposition and set a date for a dispositional hearing
24by granting a continuance of no later longer than 45 days after the fact-finding
25hearing
if any of the following apply:
SB232-SSA1,18
1Section 18. 48.424 (5) of the statutes is amended to read:
SB232-SSA1,13,82 48.424 (5) If the court delays making a determination of whether the parent
3is unfit and making
a permanent disposition under sub. (4), it may transfer
4temporary custody of the child to an agency for placement of the child until the
5fact-finding and dispositional hearing is continued. Placement of an Indian child
6under this subsection shall comply with the order of placement preference under s.
748.028 (7) (b) or, if applicable, s. 48.028 (7) (c), unless the agency finds good cause,
8as described in s. 48.028 (7) (e), for departing from that order.
SB232-SSA1,19 9Section 19. 48.427 (1m) of the statutes is amended to read:
SB232-SSA1,13,2010 48.427 (1m) In addition to any evidence presented under sub. (1), the court
11shall give the foster parent or other physical custodian described in s. 48.62 (2) of the
12child a right to be heard at the dispositional portion of the fact-finding and
13dispositional
hearing by permitting the foster parent or other physical custodian to
14make a written or oral statement during the dispositional portion of the fact-finding
15and dispositional
hearing, or to submit a written statement prior to disposition,
16relevant to the issue of disposition. A foster parent or other physical custodian
17described in s. 48.62 (2) who receives notice of a hearing under s. 48.42 (2g) (a) and
18a right to be heard under this subsection does not become a party to the proceeding
19on which the hearing is held solely on the basis of receiving that notice and right to
20be heard.
SB232-SSA1,20 21Section 20. 48.828 of the statutes is created to read:
SB232-SSA1,14,2 2248.828 Consent to adoption. (1) Except as provided in subs. (2) and (3), a
23person who is eligible to file a declaration of paternal interest in matters affecting
24a child under s. 48.025 and who fails to do so as provided in that section is deemed
25to have irrevocably consented to the adoption of the child and to have disclaimed any

1rights that he may have to the child, including the right to notice of proceedings
2under this subchapter.
SB232-SSA1,14,3 3(2) Subsection (1) does not apply with respect to the adoption of an Indian child.
SB232-SSA1,14,5 4(3) Subsection (1) does not apply if, at the time a petition for adoption is filed,
5any of the following applies:
SB232-SSA1,14,76 (a) An action or motion to determine if the person is the child's father has been
7filed and has not been resolved.
SB232-SSA1,14,108 (b) The person has been acknowledged as the child's father under s. 767.805 or
9a substantially similar law of another state and the acknowledgment has not been
10rescinded.
SB232-SSA1,14,1111 (c) The person meets the conditions specified in s. 48.423 (2).
SB232-SSA1,21 12Section 21 . 48.837 (5) of the statutes is amended to read:
SB232-SSA1,14,2113 48.837 (5) Attendance at hearing. The child, if he or she is 12 years of age or
14over, and each petitioner shall attend the hearing on the petition under sub. (2). The
15child, if he or she is 12 years of age or over, and each parent having custody of the child
16shall attend the hearing on the petition under sub. (3), except that a parent who has
17consented to the termination of his or her parental rights in writing under s. 48.41
18(2) (b), (bm), or (d) is not required to attend the hearing
. If the parent who has custody
19of the child consents and the court approves, the proposed adoptive parents may be
20present at the hearing on the petition under sub. (3). The court may, for good cause,
21waive the requirement that the child attend either of the hearings.
SB232-SSA1,22 22Section 22. 48.913 (1) (em) of the statutes is created to read:
SB232-SSA1,14,2523 48.913 (1) (em) Services provided in connection with the adoption by a private
24child placing agency, as defined in s. 48.99 (2) (p), that is licensed under the laws of
25the state in which it operates.
SB232-SSA1,23
1Section 23. Initial applicability.
SB232-SSA1,15,62 (1) Combining fact-finding and dispositional hearings in termination of
3parental rights proceedings.
The treatment of ss. 48.415 (intro.) and (9) (a), 48.424
4(title), (1) (intro.), (2) (intro.), (4) (intro.), and (5), and 48.427 (1m) first applies to a
5termination of parental rights proceeding in which the initial hearing under s.
648.422 (1) is held on the effective date of this subsection.
SB232-SSA1,15,107 (2) Termination of parental rights. The treatment of ss. 48.41 (2) (cm), 48.415
8(1) (a) 4. and 5. and (6) (b), 48.42 (2) (b) (intro.), 1., 2., and 3. and (bm) (intro.), 1., and
92., and 48.422 (6) (a) first applies to a termination of parental rights proceeding for
10which the petition is filed on the effective date of this subsection.
SB232-SSA1,15,1211 (3) Consent to adoption. The treatment of s. 48.828 first applies to an adoption
12for which the petition is filed on the effective date of this subsection.
Loading...
Loading...