This is the preview version of the Wisconsin State Legislature site.
Please see http://docs.legis.wisconsin.gov for the production version.
AB566-ASA1,12,128 48.42 (1) Petition. (intro.) A Except as provided under sub. (1d), a proceeding
9for the termination of parental rights shall be initiated by petition which may be filed
10by the child's parent, an agency or a person authorized to file a petition under s. 48.25
11or 48.835. The petition shall be entitled “In the interest of .......... (child's name), a
12person under the age of 18" and shall set forth with specificity:
AB566-ASA1,29 13Section 29 . 48.42 (1d) of the statutes is created to read:
AB566-ASA1,12,2114 48.42 (1d) Motion to terminate parental rights if child or juvenile alleged
15to be in need of protection or services.
If there is an open proceeding under s. 48.13
16or 938.13 for the child, the termination of parental rights may be initiated by filing
17a motion in that open proceeding. A motion under this subsection may be filed by the
18child's parent, an agency, or a person authorized to file a petition under s. 48.25 or
1948.835, who is a party to the open proceeding, and shall set forth with specificity the
20information required in sub. (1) (c) and (e). A motion filed under this subsection is
21subject to the procedures of this subchapter.
AB566-ASA1,30 22Section 30. 48.42 (1g) (a) (intro.) of the statutes is amended to read:
AB566-ASA1,13,823 48.42 (1g) (a) (intro.) Except as provided in par. (c), if the petition or motion to
24terminate parental rights
is filed by a person or agency other than the district
25attorney, corporation counsel, or other appropriate official under s. 48.09; if the

1petition or motion seeks to terminate the parental rights of a person who may be the
2father of a nonmarital child who is under one year of age at the time the petition or
3motion
is filed, who is not adopted or whose parents do not subsequently intermarry
4under s. 767.803, and whose paternity has not been established; and if the mother
5of the child has voluntarily consented to or seeks to voluntarily consent to the
6termination of her parental rights to the child, the petitioner or movant may file with
7the petition or motion an affidavit signed by the mother that includes all of the
8following:
AB566-ASA1,31 9Section 31. 48.42 (1g) (b) of the statutes is amended to read:
AB566-ASA1,13,1810 48.42 (1g) (b) The petitioner or movant shall notify any man identified in the
11affidavit under par. (a) as an alleged father of his right to file a declaration of paternal
12interest under s. 48.025 before the birth of the child, within 14 days after the birth
13of the child, or within 21 days after the date on which the notice is mailed, whichever
14is later; of the birth date or anticipated birth date of the child; and of the
15consequences of filing or not filing a declaration of paternal interest. The petitioner
16or movant shall include with the notice a copy of the form required to file a
17declaration of paternal interest under s. 48.025. The notice shall be sent by certified
18mail to the last-known address of the alleged father.
AB566-ASA1,32 19Section 32. 48.42 (1g) (c) of the statutes is amended to read:
AB566-ASA1,13,2120 48.42 (1g) (c) If an affidavit under par. (a) is not filed with the petition or
21motion
, notice shall be given to an alleged father under sub. (2).
AB566-ASA1,33 22Section 33 . 48.42 (1m) (a) of the statutes is amended to read:
AB566-ASA1,14,623 48.42 (1m) (a) If the petition filed under sub. (1) or motion filed under sub. (1d)
24includes a statement of the grounds for involuntary termination of parental rights
25under sub. (1) (c) 2., the petitioner or movant may, at the time the petition under sub.

1(1) or motion under sub. (1d) is filed, also petition the court for a temporary order and
2an injunction prohibiting the person whose parental rights are sought to be
3terminated from visiting or contacting the child who is the subject of the petition
4under sub. (1) or motion. Any petition under this paragraph shall allege facts
5sufficient to show that prohibiting visitation or contact would be in the best interests
6of the child.
AB566-ASA1,34 7Section 34. 48.42 (1m) (b) of the statutes is amended to read:
AB566-ASA1,14,138 48.42 (1m) (b) Subject to par. (e), the court may issue the temporary order ex
9parte or may refuse to issue the temporary order and hold a hearing on whether to
10issue an injunction. The temporary order is in effect until a hearing is held on the
11issuance of an injunction. The court shall hold a hearing on the issuance of an
12injunction on or before the date of the hearing on the petition or motion to terminate
13parental rights under s. 48.422 (1).
AB566-ASA1,35 14Section 35. 48.42 (1m) (c) of the statutes is amended to read:
AB566-ASA1,14,2115 48.42 (1m) (c) Notwithstanding any other order under s. 48.355 (3), the court,
16subject to par. (e), may grant an injunction prohibiting the respondent from visiting
17or contacting the child if the court determines that the prohibition would be in the
18best interests of the child. An injunction under this subsection is effective according
19to its terms but may not remain in effect beyond the date the court dismisses the
20petition or motion for termination of parental rights under s. 48.427 (2) or issues an
21order terminating parental rights under s. 48.427 (3).
AB566-ASA1,36 22Section 36. 48.42 (2) (intro.) of the statutes is amended to read:
AB566-ASA1,14,2523 48.42 (2) Who must be summoned. (intro.) Except as provided in sub. (2m), the
24petitioner or movant shall cause the summons and petition or motion to terminate
25parental rights
to be served upon the following persons:
AB566-ASA1,37
1Section 37. 48.42 (2) (bm) (intro.) of the statutes is amended to read:
AB566-ASA1,15,62 48.42 (2) (bm) (intro.) If the child is a nonmarital child who is under one year
3of age at the time the petition or motion to terminate parental rights is filed and who
4is not adopted or whose parents do not subsequently intermarry under s. 767.803 and
5whose paternity has not been established and if an affidavit under sub. (1g) (a) is filed
6with the petition or motion to terminate parental rights:
AB566-ASA1,38 7Section 38. 48.42 (2g) (a) of the statutes is amended to read:
AB566-ASA1,15,198 48.42 (2g) (a) In addition to causing the summons and petition or motion to
9terminate parental rights
to be served as required under sub. (2), the petitioner or
10movant
shall also notify any foster parent or other physical custodian described in
11s. 48.62 (2) of the child of all hearings on the petition or motion. The first notice to
12any foster parent or other physical custodian described in s. 48.62 (2) shall be
13written, shall have a copy of the petition or motion attached to it, shall state the
14nature, location, date, and time of the initial hearing and shall be mailed to the
15last-known address of the foster parent or other physical custodian described in s.
1648.62 (2). Thereafter, notice of hearings may be given by telephone at least 72 hours
17before the time of the hearing. The person giving telephone notice shall place in the
18case file a signed statement of the time notice was given and the person to whom he
19or she spoke.
AB566-ASA1,39 20Section 39. 48.42 (2g) (ag) of the statutes is amended to read:
AB566-ASA1,16,1021 48.42 (2g) (ag) In the case of an involuntary termination of parental rights to
22a child whom the petitioner or movant knows or has reason to know is an Indian
23child, the petitioner or movant shall cause the summons and petition or motion to be
24served on the Indian child's parent and Indian custodian in the manner specified in
25s. 48.028 (4) (a). In like manner, the petitioner or movant shall also notify the Indian

1child's tribe of all hearings on the petition or motion. The first notice to an Indian
2child's tribe shall be written, shall have a copy of the petition or motion attached to
3it, and shall state the nature, location, date, and time of the initial hearing. No
4hearing may be held on the petition or motion until at least 10 days after receipt of
5notice of the hearing by the Indian child's parent, Indian custodian, and tribe or, if
6the identity or location of the Indian child's parent, Indian custodian, or tribe cannot
7be determined, until at least 15 days after receipt of the notice by the U.S. secretary
8of the interior. On request of the Indian child's parent, Indian custodian, or tribe, the
9court shall grant a continuance of up to 20 additional days to enable the requester
10to prepare for the hearing.
AB566-ASA1,40 11Section 40. 48.42 (2m) of the statutes is amended to read:
AB566-ASA1,16,2512 48.42 (2m) Notice not required. (a) Parent as a result of sexual assault.
13Except as provided in this paragraph, notice is not required to be given to a person
14who may be the father of a child conceived as a result of a sexual assault in violation
15of s. 940.225 (1), (2) or (3), 948.02 (1) or (2), 948.025, or 948.085 if a physician attests
16to his or her belief that a sexual assault as specified in this paragraph has occurred
17or if the person who may be the father of the child has been convicted of sexual assault
18as specified in this paragraph for conduct which may have led to the child's
19conception. A person who under this paragraph is not given notice does not have
20standing to appear and contest a petition or motion for the termination of his
21parental rights, present evidence relevant to the issue of disposition, or make
22alternative dispositional recommendations. This paragraph does not apply to a
23person who may be the father of a child conceived as a result of a sexual assault in
24violation of s. 948.02 (1) or (2) if that person was under 18 years of age at the time
25of the sexual assault.
AB566-ASA1,17,11
1(b) Parent of nonmarital child. A person who may be the father of a nonmarital
2child who is not adopted or whose parents do not subsequently intermarry under s.
3767.803 and whose paternity has not been established, by virtue of the fact that he
4has engaged in sexual intercourse with the mother of the child, is considered to be
5on notice that a pregnancy and a termination of parental rights proceeding
6concerning the child may occur, and has the duty to protect his own rights and
7interests. He is therefore entitled to actual notice of such a proceeding only as
8provided in sub. (2) (b) or (bm). A person who is not entitled to notice under sub. (2)
9(b) or (bm) does not have standing to appear and contest a petition or motion for the
10termination of his parental rights, present evidence relevant to the issue of
11disposition, or make alternative dispositional recommendations.
AB566-ASA1,41 12Section 41. 48.42 (4) (title) of the statutes is amended to read:
AB566-ASA1,17,1413 48.42 (4) (title) Manner of serving summons and petition or motion to
14terminate parental rights
.
AB566-ASA1,42 15Section 42. 48.42 (4) (a) of the statutes is amended to read:
AB566-ASA1,17,2216 48.42 (4) (a) Personal service. Except as provided in this paragraph, par. (b),
17and sub. (2g) (ag), a copy of the summons and petition or motion to terminate
18parental rights
shall be served personally upon the parties specified in sub. (2), if
19known, at least 7 days before the date of the hearing. Service of summons is not
20required if the party submits to the jurisdiction of the court. Service upon parties
21who are not natural persons and upon persons under a disability shall be as
22prescribed in s. 801.11.
AB566-ASA1,43 23Section 43. 48.42 (4) (b) 3. of the statutes is amended to read:
AB566-ASA1,18,224 48.42 (4) (b) 3. At the time the petition or motion to terminate parental rights
25is filed, the petitioner or movant may move the court for an order waiving the

1requirement of constructive notice to a person who, although his identity is
2unknown, may be the father of a nonmarital child.
AB566-ASA1,44 3Section 44. 48.42 (4) (b) 4. (intro.) of the statutes is amended to read:
AB566-ASA1,18,174 48.42 (4) (b) 4. (intro.) A notice published under this subsection shall be
5published as a class 1 notice under ch. 985. In determining which newspaper is likely
6to give notice as required under s. 985.02 (1), the petitioner, movant, or court shall
7consider the residence of the party, if known, or the residence of the relatives of the
8party, if known, or the last-known location of the party. If the party's post-office
9address is known or can, with due diligence, be ascertained, a copy of the summons
10and petition or motion to terminate parental rights shall be mailed to the party upon
11or immediately prior to the first publication. The mailing may be omitted if the
12petitioner or movant shows that the post-office address cannot be obtained with due
13diligence. Except as provided in subd. 5., the notice shall include the date, place and
14circuit court branch for the hearing, the court file number, the name, address and
15telephone number of the petitioner's or movant's attorney and information the court
16determines to be necessary to give effective notice to the party or parties. Such
17information shall include the following, if known:
AB566-ASA1,45 18Section 45. 48.422 (title) of the statutes is amended to read:
AB566-ASA1,18,20 1948.422 (title) Hearing on the petition or motion to terminate parental
20rights
.
AB566-ASA1,46 21Section 46. 48.422 (1) of the statutes is amended to read:
AB566-ASA1,19,222 48.422 (1) Except as provided in s. 48.42 (2g) (ag), the hearing on the petition
23or motion to terminate parental rights shall be held within 30 days after the petition
24or motion is filed. At the hearing on the petition or motion to terminate parental

1rights the court shall determine whether any party wishes to contest the petition or
2motion
and inform the parties of their rights under sub. (4) and s. 48.423.
AB566-ASA1,47 3Section 47. 48.422 (2) of the statutes is amended to read:
AB566-ASA1,19,84 48.422 (2) Except as provided in s. 48.42 (2g) (ag), if the petition or motion to
5terminate parental rights
is contested the court shall set a date for a fact-finding
6hearing to be held within 45 days after the hearing on the petition or motion, unless
7all of the necessary parties agree to commence with the hearing on the merits
8immediately.
AB566-ASA1,48 9Section 48. 48.422 (3) of the statutes is amended to read:
AB566-ASA1,19,1210 48.422 (3) If the petition or motion to terminate parental rights is not contested
11the court shall hear testimony in support of the allegations in the petition or motion,
12including testimony as required in sub. (7).
AB566-ASA1,49 13Section 49. 48.422 (4) of the statutes is amended to read:
AB566-ASA1,19,1714 48.422 (4) Any party who is necessary to the proceeding or whose rights may
15be affected by an order terminating parental rights shall be granted a jury trial upon
16request if the request is made before the end of the initial hearing on the petition or
17motion to terminate parental rights
.
AB566-ASA1,50 18Section 50. 48.422 (6) (b) of the statutes is amended to read:
AB566-ASA1,20,319 48.422 (6) (b) If the court determines that an unknown person may be the
20father of the child and notice to that person has not been waived under s. 48.42 (4)
21(b) 3., the court shall determine whether constructive notice will substantially
22increase the likelihood of notice to that person. If the court does determine that it
23would substantially increase the likelihood of notice and the petitioner or movant
24has not already caused the notice to be published or the court determines that the
25publication used was not sufficient, the court shall adjourn the hearing for a period

1not to exceed 30 days and shall order constructive notice under s. 48.42 (4) (b). If the
2court determines that constructive notice will not substantially increase the
3likelihood of notice to that person, the court shall order that the hearing proceed.
AB566-ASA1,51 4Section 51. 48.422 (7) (intro.) of the statutes is amended to read:
AB566-ASA1,20,65 48.422 (7) (intro.) Before accepting an admission of the alleged facts in a
6petition or motion to terminate parental rights, the court shall:
AB566-ASA1,52 7Section 52. 48.422 (7) (a) of the statutes is amended to read:
AB566-ASA1,20,108 48.422 (7) (a) Address the parties present and determine that the admission
9is made voluntarily with understanding of the nature of the acts alleged in the
10petition or motion to terminate parental rights and the potential dispositions.
AB566-ASA1,53 11Section 53. 48.422 (7) (bm) of the statutes is amended to read:
AB566-ASA1,21,412 48.422 (7) (bm) Establish whether a proposed adoptive parent of the child has
13been identified. If a proposed adoptive parent of the child has been identified and
14the proposed adoptive parent is not a relative of the child, the court shall order the
15petitioner or movant to submit a report to the court containing the information
16specified in s. 48.913 (7). The court shall review the report to determine whether any
17payments or agreement to make payments set forth in the report are coercive to the
18birth parent of the child or to an alleged to presumed father of the child or are
19impermissible under s. 48.913 (4). Making any payment to or on behalf of the birth
20parent of the child, an alleged or presumed father of the child or the child conditional
21in any part upon transfer or surrender of the child or the termination of parental
22rights or the finalization of the adoption creates a rebuttable presumption of
23coercion. Upon a finding of coercion, the court shall dismiss the petition or motion
24to terminate parental rights
or amend the agreement to delete any coercive
25conditions, if the parties agree to the amendment. Upon a finding that payments

1which are impermissible under s. 48.913 (4) have been made, the court may dismiss
2the petition and may refer the matter to the district attorney for prosecution under
3s. 948.24 (1). This paragraph does not apply if the petition or motion was filed with
4a petition for adoptive placement under s. 48.837 (2).
AB566-ASA1,54 5Section 54. 48.422 (7) (br) of the statutes is amended to read:
AB566-ASA1,21,96 48.422 (7) (br) Establish whether any person has coerced a birth parent or any
7alleged or presumed father of the child in violation of s. 48.63 (3) (b) 5. Upon a finding
8of coercion, the court shall dismiss the petition or motion to terminate parental
9rights
.
AB566-ASA1,55 10Section 55. 48.422 (8) of the statutes is amended to read:
AB566-ASA1,21,1511 48.422 (8) If the petition or motion for termination of parental rights is filed
12by an agency enumerated in s. 48.069 (1) or (2), the court shall order the agency to
13file a report with the court as provided in s. 48.425 (1), except that, if the child is an
14Indian child, the court may order the agency or request the tribal child welfare
15department of the Indian child's tribe to file that report.
AB566-ASA1,56 16Section 56. 48.422 (9) (a) of the statutes is amended to read:
AB566-ASA1,21,2117 48.422 (9) (a) If a petition or motion for termination of the rights of a birth
18parent, as defined under s. 48.432 (1) (am), is filed by a person other than an agency
19enumerated under s. 48.069 (1) or (2) or if the court waives the report required under
20s. 48.425, the court shall order any parent whose rights may be terminated to file
21with the court the information specified under s. 48.425 (1) (am).
AB566-ASA1,57 22Section 57. 48.423 (2) (intro.) of the statutes is amended to read:
AB566-ASA1,22,423 48.423 (2) Rights of out-of-state fathers. (intro.) A person who may be the
24father of a nonmarital child who is not adopted or whose parents do not subsequently
25intermarry under s. 767.803 and whose paternity has not been established may

1contest the petition or motion to terminate parental rights, present evidence relevant
2to the issue of disposition, and make alternative dispositional recommendations if
3the person appears at the hearing, establishes paternity under sub. (1), and proves
4all of the following by a preponderance of the evidence:
AB566-ASA1,58 5Section 58. 48.424 (1) (intro.) of the statutes is amended to read:
AB566-ASA1,22,86 48.424 (1) (intro.) The purpose of the fact-finding hearing is to determine in
7cases in which the petition or motion was contested at the hearing on the petition or
8motion to terminate parental rights
under s. 48.422 all of the following:
AB566-ASA1,59 9Section 59. 48.424 (4) (intro.) of the statutes is amended to read:
AB566-ASA1,22,1710 48.424 (4) (intro.) If grounds for the termination of parental rights are found
11by the court or jury, the court shall find the parent unfit. A finding of unfitness shall
12not preclude a dismissal of a petition or motion to terminate parental rights under
13s. 48.427 (2). Except as provided in s. 48.23 (2) (b) 3., the court shall then proceed
14immediately to hear evidence and motions related to the dispositions enumerated in
15s. 48.427. Except as provided in s. 48.42 (2g) (ag), the court may delay making the
16disposition and set a date for a dispositional hearing no later than 45 days after the
17fact-finding hearing if any of the following apply:
AB566-ASA1,60 18Section 60. 48.424 (4) (b) of the statutes is amended to read:
AB566-ASA1,22,2419 48.424 (4) (b) The court has not yet received a report to the court on the history
20of the child as provided in s. 48.425 and the court now orders an agency enumerated
21in s. 48.069 (1) or (2) to file that report with the court, or, in the case of an Indian child,
22now orders that agency or requests the tribal child welfare department of the Indian
23child's tribe to file such a report, before the court makes the disposition on the
24petition or motion to terminate parental rights.
AB566-ASA1,61 25Section 61. 48.425 (1) (am) 2. of the statutes is amended to read:
AB566-ASA1,23,3
148.425 (1) (am) 2. A report of any medical examination which either birth
2parent had within one year before the date of the petition or motion to terminate
3parental rights
.
AB566-ASA1,62 4Section 62. 48.425 (1) (cm) of the statutes is amended to read:
AB566-ASA1,23,125 48.425 (1) (cm) If the petition or motion is seeking the involuntary termination
6of parental rights to an Indian child, specific information showing that continued
7custody of the child by the parent or Indian custodian is likely to result in serious
8emotional or physical damage to the child under s. 48.028 (4) (e) 1. and, if the Indian
9child has previously been adjudged to be in need of protection or services, specific
10information showing that active efforts under s. 48.028 (4) (e) 2. have been made to
11prevent the breakup of the Indian child's family and that those efforts have proved
12unsuccessful.
AB566-ASA1,63 13Section 63. 48.425 (1m) of the statutes is amended to read:
AB566-ASA1,23,1614 48.425 (1m) The agency required under sub. (1) to file the report shall prepare
15the medical record within 60 days after the date of the petition or motion for the
16termination of parental rights.
AB566-ASA1,64 17Section 64. 48.425 (3) of the statutes is amended to read:
AB566-ASA1,23,2018 48.425 (3) The court may order a report as specified under this section to be
19prepared by an agency in those cases where the petition or motion to terminate
20parental rights
is filed by someone other than an agency.
AB566-ASA1,65 21Section 65. 48.427 (2) of the statutes is amended to read:
AB566-ASA1,23,2422 48.427 (2) The court may dismiss the petition or motion to terminate parental
23rights
if it finds that the evidence does not warrant the termination of parental
24rights.
AB566-ASA1,66 25Section 66. 48.43 (1) (intro.) of the statutes is amended to read:
AB566-ASA1,24,6
148.43 (1) (intro.) The court shall enter a judgment setting forth its findings and
2disposition in accordance with s. 48.426 in an order implementing the disposition
3chosen. If the court dismisses the petition or motion to terminate parental rights
4under s. 48.427 (2), the order shall contain the reasons for dismissal. If the
5disposition is for the termination of parental rights under s. 48.427 (3), the order
6shall contain all of the following:
AB566-ASA1,67 7Section 67. 48.46 (2) of the statutes is amended to read:
AB566-ASA1,24,238 48.46 (2) A parent who has consented to the termination of his or her parental
9rights under s. 48.41 or who did not contest the petition or motion initiating the
10proceeding in which his or her parental rights were terminated termination of
11parental rights proceeding
may move the court for relief from the judgment on any
12of the grounds specified in s. 806.07 (1) (a), (b), (c), (d) or (f). Any such motion for relief
13shall be filed within 30 days after the entry of the judgment or order terminating
14parental rights, unless the parent files a timely notice of intent to pursue relief from
15the judgment under s. 808.04 (7m), in which case the motion for relief shall be filed
16within the time permitted by s. 809.107 (5). A motion for relief under this subsection
17does not affect the finality or suspend the operation of the judgment or order
18terminating parental rights. A parent who has consented to the termination of his
19or her parental rights to an Indian child under s. 48.41 (2) (e) may also move for relief
20from the judgment under s. 48.028 (5) (c) or (6). Motions A motion for relief under
21this subsection or s. 48.028 (5) (c) or (6) and appeals to the court of appeals shall be
22the exclusive remedies for such a parent to obtain a new hearing in a termination of
23parental rights proceeding.
AB566-ASA1,68 24Section 68. 48.46 (3) of the statutes is amended to read:
AB566-ASA1,25,6
148.46 (3) An adoptive parent who has been granted adoption of a child under
2s. 48.91 (3) may not petition the court for a rehearing under sub. (1) or move the court
3under s. 806.07 for relief from the order granting adoption. A petition or motion for
4termination of parental rights under s. 48.42 and an appeal to the court of appeals
5shall be the exclusive remedies for an adoptive parent who wishes to end his or her
6parental relationship with his or her adopted child.
AB566-ASA1,69 7Section 69. 48.83 (1) of the statutes is amended to read:
AB566-ASA1,25,188 48.83 (1) Except as provided in s. 48.028 (3) (b), the court of the county where
9the proposed adoptive parent or child resides or the court of the county where a
10petition or motion for termination of parental rights to the child was filed or granted
11under subch. VIII, upon the filing with that court of a petition for adoption or for the
12adoptive placement of a child, has jurisdiction over the child until the petition for
13adoption
is withdrawn, denied, or granted. Venue in a proceeding for adoption or
14adoptive placement of a child shall be in the county where the proposed adoptive
15parent or child resides at the time the petition for adoption is filed or in the county
16where a petition or motion for termination of parental rights to the child was filed
17or granted under subch. VIII. The court may transfer the case to a court in the county
18in which the proposed adoptive parents reside.
AB566-ASA1,70 19Section 70 . 48.835 (3) (title) of the statutes is amended to read:
AB566-ASA1,25,2120 48.835 (3) (title) Petition or motion for termination of parental rights
21required; exception.
AB566-ASA1,71 22Section 71. 48.835 (3) (a) of the statutes is amended to read:
AB566-ASA1,26,223 48.835 (3) (a) If the child's parent has not filed a petition or motion for the
24termination of parental rights under s. 48.42, the relative with whom the child is

1placed shall file a petition for the termination of the parents' rights at the same time
2the petition for adoption is filed, except as provided under par. (b).
AB566-ASA1,72 3Section 72. 48.837 (3) of the statutes is amended to read:
Loading...
Loading...