This is the preview version of the Wisconsin State Legislature site.
Please see http://docs.legis.wisconsin.gov for the production version.
AB263,9,43 e. That the presumed or alleged father has the right to revoke a disclaimer in
4an affidavit until 72 hours after the birth of the child.
AB263,9,75 f. That the disclaimer is irrevocable if the affidavit is executed 72 hours or more
6after the birth of the child or if not not revoked before 72 hours after the birth of the
7child, unless it was obtained by fraud or duress.
AB263,9,128 g. That no action to invalidate the disclaimer, including an action based on
9fraud or duress, may be commenced more than 6 months after the date the affidavit
10was executed, except that, if the petition to terminate parental rights is granted, no
11action to invalidate the disclaimer may be commenced later than the time limits
12allowed for filing a motion for relief from judgment under s. 48.46 (2).
AB263,9,1313 5. An affidavit under subd. 1. may contain any of the following:
AB263,9,1514 a. A waiver of process in a petition for termination of parental rights or a
15petition for termination of parental rights joined with a petition for adoption.
AB263,9,1916 b. If a guardian has not been appointed under s. 48.977, the nomination of the
17department, a county department authorized to accept guardianship under s. 48.57
18(1) (e) or (hm), or a child welfare agency licensed under s. 48.61 (5) to accept
19guardianship to serve as guardian of the child and the individual's address.
AB263,9,2120 6. A copy of the affidavit shall be provided to the person at the time he or she
21signs the affidavit.
AB263,9,2422 7. The affidavit may not contain terms for post-termination contact between
23the child and the person whose parental rights are to be terminated as a condition
24of the disclaimer of parental rights.
AB263,10,5
18. To revoke a disclaimer of parental rights in an affidavit under subd. 1., the
2alleged or presumed father shall sign a statement revoking the disclaimer of
3parental rights that is witnessed by 2 persons and notarized. A copy of the revocation
4shall be filed with the clerk of court. The revocation is not valid unless it is executed
5and filed before 72 hours after the birth of the child.
AB263,4 6Section 4. 48.41 (2) (cm) of the statutes is created to read:
AB263,10,127 48.41 (2) (cm) 1. Except as provided in subd. 2., a person who is eligible to file
8a declaration of paternal interest in matters affecting a child under s. 48.025 and who
9fails to do so as provided in that section is deemed to have irrevocably consented to
10the termination of any parental rights that he may have and is deemed to have
11disclaimed any rights that he may have to the child, including the right to notice of
12proceedings under this subchapter.
AB263,10,1413 2. Subdivision 1. does not apply if, at the time a petition under s. 48.42 is filed,
14any of the following applies:
AB263,10,1615 a. An action or motion to determine if the person is the child's father has been
16filed and has not been resolved.
AB263,10,1917 b. The person has been acknowledged as the child's father under s. 767.805 or
18a substantially similar law of another state and the acknowledgment has not been
19rescinded.
AB263,10,2020 c. The person meets the conditions specified in s. 48.423 (2).
AB263,5 21Section 5. 48.415 (intro.) of the statutes is amended to read:
AB263,11,9 2248.415 Grounds for involuntary termination of parental rights. (intro.)
23At the fact-finding portion of the fact-finding and dispositional hearing the court or
24jury
shall determine whether grounds exist for the termination of parental rights.
25If the child is an Indian child, the court or jury shall also determine at the

1fact-finding portion of the fact-finding and dispositional hearing whether continued
2custody of the Indian child by the Indian child's parent or Indian custodian is likely
3to result in serious emotional or physical damage to the Indian child under s. 48.028
4(4) (e) 1. and whether active efforts under s. 48.028 (4) (e) 2. have been made to
5prevent the breakup of the Indian child's family and whether those efforts have
6proved unsuccessful, unless partial summary judgment on the grounds for
7termination of parental rights is granted, in which case the court shall make those
8determinations at the dispositional portion of the fact-finding and dispositional
9hearing. Grounds for termination of parental rights shall be one of the following:
AB263,6 10Section 6. 48.415 (1) (a) 4. of the statutes is created to read:
AB263,11,1311 48.415 (1) (a) 4. That a person who is or may be the father of the child failed
12without reasonable cause to provide care and support for the mother during her
13pregnancy.
AB263,7 14Section 7. 48.415 (1) (a) 5. of the statutes is created to read:
AB263,11,1615 48.415 (1) (a) 5. That the parent has failed without reasonable cause to pay
16court-ordered payments of child support.
AB263,8 17Section 8. 48.415 (6) (b) of the statutes is amended to read:
AB263,12,218 48.415 (6) (b) In this subsection, “substantial parental relationship" means the
19acceptance and exercise of significant responsibility for the daily supervision,
20education, protection, and care of the child. In evaluating whether the person has
21had a substantial parental relationship with the child, the court may consider such
22factors, including, but not limited to, whether the person has expressed concern for
23or interest in the
provided care or support , care or well-being of for the child, and
24whether the person has neglected or refused to provide care or support for the child
25and whether, with respect to a person who is or may be the father of the child, the

1person has expressed concern for or interest in the support, care or well-being of the
2mother during her pregnancy
.
AB263,9 3Section 9. 48.415 (9) (a) of the statutes is amended to read:
AB263,12,114 48.415 (9) (a) Parenthood as a result of sexual assault, which shall be
5established by proving that the child was conceived as a result of a sexual assault in
6violation of s. 940.225 (1), (2) or (3), 948.02 (1) or (2), 948.025, or 948.085. Conception
7as a result of sexual assault as specified in this paragraph may be proved by a final
8judgment of conviction or other evidence produced at the fact-finding portion of a
9fact-finding and dispositional hearing under s. 48.424 indicating that the person
10who may be the father of the child committed, during a possible time of conception,
11a sexual assault as specified in this paragraph against the mother of the child.
AB263,10 12Section 10. 48.42 (2) (a) of the statutes is amended to read:
AB263,12,1413 48.42 (2) (a) The parent or parents of the child, unless the child's parent has
14waived the right to notice under s. 48.41 (2) (bm) or (d).
AB263,11 15Section 11. 48.42 (2) (b) (intro.) and 1. of the statutes are consolidated,
16renumbered 48.42 (2) (b) and amended to read:
AB263,12,2117 48.42 (2) (b) Except as provided in par. (bm), if the child is a nonmarital child
18who is not adopted or whose parents do not subsequently intermarry under s.
19767.803 and whose paternity has not been established: 1. A , a person who has filed
20an unrevoked declaration of paternal interest under s. 48.025 before the birth of the
21child or within 14 days after the birth of the child.
AB263,12 22Section 12. 48.42 (2) (b) 2. of the statutes is repealed.
AB263,13 23Section 13. 48.42 (2) (b) 3. of the statutes is repealed.
AB263,14 24Section 14. 48.42 (2) (bm) (intro.) and 1. of the statutes are consolidated,
25renumbered 48.42 (2) (bm) and amended to read:
AB263,13,7
148.42 (2) (bm) If the child is a nonmarital child who is under one year of age
2at the time the petition is filed and who is not adopted or whose parents do not
3subsequently intermarry under s. 767.803 and whose paternity has not been
4established and if an affidavit under sub. (1g) (a) is filed with the petition: 1. A , a
5person who has filed an unrevoked declaration of paternal interest under s. 48.025
6before the birth of the child, within 14 days after the birth of the child, or within 21
7days after a notice under sub. (1g) (b) is mailed, whichever is later.
AB263,15 8Section 15. 48.42 (2) (bm) 2. of the statutes is repealed.
AB263,16 9Section 16. 48.422 (1) of the statutes is amended to read:
AB263,13,1410 48.422 (1) Except as provided in s. 48.42 (2g) (ag), the hearing on the petition
11to terminate parental rights shall be held within 30 days after the petition is filed.
12At the hearing on the petition to terminate parental rights the court shall determine
13whether any party wishes to contest the petition and inform the parties of their
14rights under sub. (4) and s. 48.423.
AB263,17 15Section 17. 48.422 (4) of the statutes is repealed.
AB263,18 16Section 18. 48.422 (5) of the statutes is amended to read:
AB263,13,1917 48.422 (5) Any nonpetitioning party, including the child, shall be granted a
18continuance of the hearing for the purpose of consulting with an attorney on the
19request for a jury trial or
concerning a request for the substitution of a judge.
AB263,19 20Section 19. 48.422 (6) (a) of the statutes is amended to read:
AB263,14,521 48.422 (6) (a) In the case of a nonmarital child who is not adopted or whose
22parents do not subsequently intermarry under s. 767.803 and for whom paternity
23has not been established, or for whom a declaration of paternal interest has not been
24filed under s. 48.025 within 14 days after the date of birth of the child or, if s. 48.42
25(1g) (b) applies, within 21 days after the date on which the notice under s. 48.42 (1g)

1(b) is mailed, the court shall hear testimony concerning the paternity of the child.
2Based on the testimony, the court shall determine whether all interested parties who
3are known have been notified for whom notice is required under s. 48.42 (2) and (2g)
4(ag) have been notified. If not, the court shall adjourn the hearing and order
5appropriate notice to be given.
AB263,20 6Section 20. 48.424 (title) of the statutes is amended to read:
AB263,14,7 748.424 (title) Fact-finding and dispositional hearing.
AB263,21 8Section 21. 48.424 (1) (intro.) of the statutes is amended to read:
AB263,14,119 48.424 (1) (intro.) The purpose of the fact-finding portion of the fact-finding
10and dispositional
hearing is to determine in cases in which the petition was contested
11at the hearing on the petition under s. 48.422 all of the following:
AB263,22 12Section 22. 48.424 (2) (intro.) of the statutes is amended to read:
AB263,14,1413 48.424 (2) (intro.) The fact-finding and dispositional hearing shall be
14conducted according to the procedure specified in s. 48.31 except as follows:
AB263,23 15Section 23. 48.424 (3) of the statutes is amended to read:
AB263,14,2016 48.424 (3) If the facts are determined by a jury, the jury may only The court
17shall
decide whether any grounds for the termination of parental rights have been
18proved and, whether the allegations specified in s. 48.42 (1) (e) have been proved in
19cases involving the involuntary termination of parental rights to an Indian child.
20The court shall decide
, and what disposition is in the best interest of the child.
AB263,24 21Section 24. 48.424 (4) (intro.) of the statutes is amended to read:
AB263,15,722 48.424 (4) (intro.) The court shall hear all evidence relevant to the issues under
23sub. (1) and to the issue of disposition under s. 48.427 before making a determination
24of whether the parent is unfit.
If grounds for the termination of parental rights are
25found by the court or jury, the court shall find the parent unfit. A finding of unfitness

1shall not preclude a dismissal of a petition under s. 48.427 (2). Except as provided
2in s. 48.23 (2) (b) 3., the
The court shall then proceed immediately to hear evidence
3and motions related to the dispositions enumerated in
make a disposition under s.
448.427. Except as provided in s. 48.42 (2g) (ag), the court may delay making a
5determination of whether the parent is unfit and making
the disposition and set a
6date for a dispositional hearing
by granting a continuance of no later longer than 45
7days after the fact-finding hearing if any of the following apply:
AB263,25 8Section 25. 48.424 (5) of the statutes is amended to read:
AB263,15,159 48.424 (5) If the court delays making a determination of whether the parent
10is unfit and making
a permanent disposition under sub. (4), it may transfer
11temporary custody of the child to an agency for placement of the child until the
12fact-finding and dispositional hearing is continued. Placement of an Indian child
13under this subsection shall comply with the order of placement preference under s.
1448.028 (7) (b) or, if applicable, s. 48.028 (7) (c), unless the agency finds good cause,
15as described in s. 48.028 (7) (e), for departing from that order.
AB263,26 16Section 26. 48.427 (1m) of the statutes is amended to read:
AB263,16,217 48.427 (1m) In addition to any evidence presented under sub. (1), the court
18shall give the foster parent or other physical custodian described in s. 48.62 (2) of the
19child a right to be heard at the dispositional portion of the fact-finding and
20dispositional
hearing by permitting the foster parent or other physical custodian to
21make a written or oral statement during the dispositional portion of the fact-finding
22and dispositional
hearing, or to submit a written statement prior to disposition,
23relevant to the issue of disposition. A foster parent or other physical custodian
24described in s. 48.62 (2) who receives notice of a hearing under s. 48.42 (2g) (a) and
25a right to be heard under this subsection does not become a party to the proceeding

1on which the hearing is held solely on the basis of receiving that notice and right to
2be heard.
AB263,27 3Section 27. 48.828 of the statutes is created to read:
AB263,16,9 448.828 Consent to adoption. (1) Except as provided in subs. (2) and (3), a
5person who is eligible to file a declaration of paternal interest in matters affecting
6a child under s. 48.025 and who fails to do so as provided in that section is deemed
7to have irrevocably consented to the adoption of the child and to have disclaimed any
8rights that he may have to the child, including the right to notice of proceedings
9under this subchapter.
AB263,16,10 10(2) Subsection (1) does not apply with respect to the adoption of an Indian child.
AB263,16,12 11(3) Subsection (1) does not apply if, at the time a petition for adoption is filed,
12any of the following applies:
AB263,16,1413 (a) An action or motion to determine if the person is the child's father has been
14filed and has not been resolved.
AB263,16,1715 (b) The person has been acknowledged as the child's father under s. 767.805 or
16a substantially similar law of another state and the acknowledgment has not been
17rescinded.
AB263,16,1818 (c) The person meets the conditions specified in s. 48.423 (2).
AB263,28 19Section 28 . 48.837 (5) of the statutes is amended to read:
AB263,17,320 48.837 (5) Attendance at hearing. The child, if he or she is 12 years of age or
21over, and each petitioner shall attend the hearing on the petition under sub. (2). The
22child, if he or she is 12 years of age or over, and each parent having custody of the child
23shall attend the hearing on the petition under sub. (3), except that a parent who has
24consented to the termination of his or her parental rights in writing under s. 48.41
25(2) (b), (bm), or (d) is not required to attend the hearing
. If the parent who has custody

1of the child consents and the court approves, the proposed adoptive parents may be
2present at the hearing on the petition under sub. (3). The court may, for good cause,
3waive the requirement that the child attend either of the hearings.
AB263,29 4Section 29. 48.913 (1) (em) of the statutes is created to read:
AB263,17,75 48.913 (1) (em) Services provided in connection with the adoption by a private
6child placing agency, as defined in s. 48.99 (2) (p), operating lawfully under the laws
7of another state.
AB263,30 8Section 30. Initial applicability.
AB263,17,149 (1) Elimination of jury trials and combining fact-finding and dispositional
10hearings in termination of parental rights proceedings.
The treatment of ss. 48.31
11(2) and (4), 48.415 (intro.) and (9) (a), 48.422 (1), (4), and (5), 48.424 (title), (1) (intro.),
12(2) (intro.), (3), (4) (intro.), and (5), and 48.427 (1m) first applies to a termination of
13parental rights proceeding in which the initial hearing under s. 48.422 (1) is held on
14the effective date of this subsection.
AB263,17,1815 (2) Termination of parental rights. The treatment of ss. 48.41 (2) (cm), 48.415
16(1) (a) 4. and 5. and (6) (b), 48.42 (2) (b) (intro.), 1., 2., and 3. and (bm) (intro.), 1., and
172., and 48.422 (6) (a) first applies to a termination of parental rights proceeding for
18which the petition is filed on the effective date of this subsection.
AB263,17,2019 (3) Consent to adoption. The treatment of s. 48.828 first applies to an adoption
20for which the petition is filed on the effective date of this subsection.
AB263,17,2121 (End)
Loading...
Loading...