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AB263-ASA1,5,2119 b. The affidavit, if executed by the father or presumed or alleged father before
20the birth of the child, is revocable until 72 hours after the birth of the child, as
21provided under subd. 9.
AB263-ASA1,5,2422 c. The affidavit is irrevocable if executed 72 hours or more after the birth of the
23child or if not revoked before 72 hours after the birth of the child, unless it was
24obtained by fraud or duress.
AB263-ASA1,6,3
1d. Except as provided in subd. 2. e. and s. 48.028 (5) (b) and (c) and (6), no action
2to invalidate the affidavit, including an action based on fraud or duress, may be
3commenced more than 6 months after the date the affidavit was executed.
AB263-ASA1,6,64 e. If the petition to terminate parental rights is granted, no action to invalidate
5the affidavit may be commenced later than the time limits allowed for filing a motion
6for relief from judgment under s. 48.46 (2).
AB263-ASA1,6,77 3. An affidavit under subd. 1. shall contain all of the following:
AB263-ASA1,6,98 a. The name, county of residence, and age of the parent whose parental rights
9are being terminated.
AB263-ASA1,6,1010 b. The name, age, and birth date of the child, if born.
AB263-ASA1,6,1211 c. The names and addresses of the guardians of the person and of the estate of
12the child, if any.
AB263-ASA1,6,1513 d. A statement of whether the person whose parental rights are being
14terminated is or is not presently obligated by court order to make payments for the
15support of the child.
AB263-ASA1,6,1716 e. A full description and statement of value of all property the child owns or
17possesses.
AB263-ASA1,6,1918 f. An allegation that termination of parental rights is in the best interest of the
19child.
AB263-ASA1,6,2320 g. The name and county of residence of any other parent or presumed or alleged
21father, a statement that the parental rights of the other parent or presumed or
22alleged father have been terminated by death or court order, or a statement that the
23child has no other parent or presumed or alleged father.
AB263-ASA1,6,2524 h. A statement containing the information and understandings specified in
25subd. 4.
AB263-ASA1,7,1
1i. A statement that the child is not an Indian child.
AB263-ASA1,7,32 4. An affidavit under subd. 1. shall contain a statement in substantially the
3following form:
AB263-ASA1,7,4 4“I have been informed of and understand all of the following:
AB263-ASA1,7,75 A. That a court order terminating parental rights will permanently end all
6legal rights and duties that exist between me and the child, such as the duty to
7support, the right to custody and visitation, and the right to inherit.
AB263-ASA1,7,98 B. That there are parenting-related services that would be available to me if
9I chose not to consent to the termination of my parental rights.
AB263-ASA1,7,1210 C. That this affidavit may not be executed less than 72 hours after the birth
11of the child, on or after the child's first birthday, or by the child's mother before the
12birth of the child.
AB263-ASA1,7,1413 D. That the child's father or presumed or alleged father has the right to revoke
14an affidavit of disclaimer until 72 hours after the birth of the child.
AB263-ASA1,7,1715 E. That the affidavit is irrevocable if executed 72 hours or more after the birth
16of the child or if not revoked before 72 hours after the birth of the child, unless it was
17obtained by fraud or duress.
AB263-ASA1,7,2218 F. That no action to invalidate the affidavit, including an action based on fraud
19or duress, may be commenced more than 6 months after the date the affidavit was
20executed, except that, if the petition to terminate parental rights is granted, no
21action to invalidate the affidavit may be commenced later than the time limits
22allowed for filing a motion for relief from judgment under s. 48.46 (2).”
AB263-ASA1,7,2523 5. An affidavit under subd. 1. shall contain a statement that the person
24voluntarily disclaims any rights that he or she may have to the child, including the
25right to notice of proceedings under this chapter.
AB263-ASA1,8,5
16. If a guardian has not been appointed under s. 48.977, an affidavit under
2subd. 1. may contain the nomination of the department, a county department
3authorized to accept guardianship under s. 48.57 (1) (e) or (hm), or a child welfare
4agency licensed under s. 48.61 (5) to accept guardianship to serve as guardian of the
5child and the individual's address.
AB263-ASA1,8,76 7. A copy of the affidavit shall be provided to the person at the time he or she
7signs the affidavit.
AB263-ASA1,8,108 8. The affidavit may not contain terms for post-termination contact between
9the child and the person whose parental rights are to be terminated as a condition
10of the disclaimer of parental rights.
AB263-ASA1,8,1511 9. To revoke a disclaimer of parental rights in an affidavit under subd. 1., the
12father or presumed or alleged father shall sign a statement revoking the disclaimer
13of parental rights that is notarized. A copy of the revocation shall be filed with the
14clerk of court. The revocation is not valid unless it is executed and filed before 72
15hours after the birth of the child.
AB263-ASA1,2 16Section 2. 48.41 (2) (cm) of the statutes is created to read:
AB263-ASA1,8,2217 48.41 (2) (cm) 1. Except as provided in subd. 2., a person who is eligible to file
18a declaration of paternal interest in matters affecting a child under s. 48.025 and who
19fails to do so as provided in that section is deemed to have irrevocably consented to
20the termination of any parental rights that he may have and is deemed to have
21disclaimed any rights that he may have to the child, including the right to notice of
22proceedings under this subchapter.
AB263-ASA1,8,2423 2. Subdivision 1. does not apply if, at the time a petition under s. 48.42 is filed,
24any of the following applies:
AB263-ASA1,9,2
1a. An action or motion to determine if the person is the child's father has been
2filed and has not been resolved.
AB263-ASA1,9,53 b. The person has been acknowledged as the child's father under s. 767.805 or
4a substantially similar law of another state and the acknowledgment has not been
5rescinded.
AB263-ASA1,9,66 c. The person meets the conditions specified in s. 48.423 (2).
AB263-ASA1,3 7Section 3. 48.415 (intro.) of the statutes is amended to read:
AB263-ASA1,9,20 848.415 Grounds for involuntary termination of parental rights. (intro.)
9At the fact-finding portion of the fact-finding and dispositional hearing the court or
10jury shall determine whether grounds exist for the termination of parental rights.
11If the child is an Indian child, the court or jury shall also determine at the
12fact-finding portion of the fact-finding and dispositional hearing whether continued
13custody of the Indian child by the Indian child's parent or Indian custodian is likely
14to result in serious emotional or physical damage to the Indian child under s. 48.028
15(4) (e) 1. and whether active efforts under s. 48.028 (4) (e) 2. have been made to
16prevent the breakup of the Indian child's family and whether those efforts have
17proved unsuccessful, unless partial summary judgment on the grounds for
18termination of parental rights is granted, in which case the court shall make those
19determinations at the dispositional portion of the fact-finding and dispositional
20hearing. Grounds for termination of parental rights shall be one of the following:
AB263-ASA1,4 21Section 4. 48.415 (1) (a) 4. of the statutes is created to read:
AB263-ASA1,9,2422 48.415 (1) (a) 4. That a person who is or may be the father of the child failed
23without reasonable cause to provide care and support for the mother during her
24pregnancy.
AB263-ASA1,5 25Section 5. 48.415 (1) (a) 5. of the statutes is created to read:
AB263-ASA1,10,2
148.415 (1) (a) 5. That the parent has failed without reasonable cause to pay
2court-ordered payments of child support.
AB263-ASA1,6 3Section 6. 48.415 (6) (b) of the statutes is amended to read:
AB263-ASA1,10,134 48.415 (6) (b) In this subsection, “substantial parental relationship" means the
5acceptance and exercise of significant responsibility for the daily supervision,
6education, protection, and care of the child. In evaluating whether the person has
7had a substantial parental relationship with the child, the court may consider such
8factors, including, but not limited to, whether the person has expressed concern for
9or interest in the
provided care or support , care or well-being of for the child, and
10whether the person has neglected or refused to provide care or support for the child
11and whether, with respect to a person who is or may be the father of the child, the
12person has expressed concern for or interest in the support, care or well-being of the
13mother during her pregnancy
.
AB263-ASA1,7 14Section 7. 48.415 (9) (a) of the statutes is amended to read:
AB263-ASA1,10,2215 48.415 (9) (a) Parenthood as a result of sexual assault, which shall be
16established by proving that the child was conceived as a result of a sexual assault in
17violation of s. 940.225 (1), (2) or (3), 948.02 (1) or (2), 948.025, or 948.085. Conception
18as a result of sexual assault as specified in this paragraph may be proved by a final
19judgment of conviction or other evidence produced at the fact-finding portion of a
20fact-finding and dispositional hearing under s. 48.424 indicating that the person
21who may be the father of the child committed, during a possible time of conception,
22a sexual assault as specified in this paragraph against the mother of the child.
AB263-ASA1,8 23Section 8. 48.42 (2) (b) (intro.) and 1. of the statutes are consolidated,
24renumbered 48.42 (2) (b) and amended to read:
AB263-ASA1,11,5
148.42 (2) (b) Except as provided in par. (bm), if the child is a nonmarital child
2who is not adopted or whose parents do not subsequently intermarry under s.
3767.803 and whose paternity has not been established: 1. A , a person who has filed
4an unrevoked declaration of paternal interest under s. 48.025 before the birth of the
5child or within 14 days after the birth of the child.
AB263-ASA1,9 6Section 9. 48.42 (2) (b) 2. of the statutes is repealed.
AB263-ASA1,10 7Section 10. 48.42 (2) (b) 3. of the statutes is repealed.
AB263-ASA1,11 8Section 11. 48.42 (2) (bm) (intro.) and 1. of the statutes are consolidated,
9renumbered 48.42 (2) (bm) and amended to read:
AB263-ASA1,11,1610 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.
AB263-ASA1,12 17Section 12. 48.42 (2) (bm) 2. of the statutes is repealed.
AB263-ASA1,13 18Section 13. 48.422 (6) (a) of the statutes is amended to read:
AB263-ASA1,12,319 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.
AB263-ASA1,14 4Section 14. 48.424 (title) of the statutes is amended to read:
AB263-ASA1,12,5 548.424 (title) Fact-finding and dispositional hearing.
AB263-ASA1,15 6Section 15. 48.424 (1) (intro.) of the statutes is amended to read:
AB263-ASA1,12,97 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:
AB263-ASA1,16 10Section 16. 48.424 (2) (intro.) of the statutes is amended to read:
AB263-ASA1,12,1211 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:
AB263-ASA1,17 13Section 17. 48.424 (4) (intro.) of the statutes is amended to read:
AB263-ASA1,12,2514 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:
AB263-ASA1,18
1Section 18. 48.424 (5) of the statutes is amended to read:
AB263-ASA1,13,82 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.
AB263-ASA1,19 9Section 19. 48.427 (1m) of the statutes is amended to read:
AB263-ASA1,13,2010 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.
AB263-ASA1,20 21Section 20. 48.828 of the statutes is created to read:
AB263-ASA1,14,2 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.
AB263-ASA1,14,3 3(2) Subsection (1) does not apply with respect to the adoption of an Indian child.
AB263-ASA1,14,5 4(3) Subsection (1) does not apply if, at the time a petition for adoption is filed,
5any of the following applies:
AB263-ASA1,14,76 (a) An action or motion to determine if the person is the child's father has been
7filed and has not been resolved.
AB263-ASA1,14,108 (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.
AB263-ASA1,14,1111 (c) The person meets the conditions specified in s. 48.423 (2).
AB263-ASA1,21 12Section 21 . 48.837 (5) of the statutes is amended to read:
AB263-ASA1,14,2113 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.
AB263-ASA1,22 22Section 22. 48.913 (1) (em) of the statutes is created to read:
AB263-ASA1,14,2523 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.
AB263-ASA1,23
1Section 23. Initial applicability.
AB263-ASA1,15,62 (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.
AB263-ASA1,15,107 (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.
AB263-ASA1,15,1211 (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.
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