SB729: Bill Text

SB729,7,23 48.415 Grounds for involuntary termination of parental rights. (intro.) At the fact-finding hearing the court or jury shall determine whether grounds exist for the termination of parental rights. If the child is an Indian child, the court or jury shall also determine at the fact-finding hearing whether continued custody of the Indian child by the Indian child's parent or Indian custodian is likely to result in serious emotional or physical damage to the Indian child under s. 48.028 (4) (e) 1. and whether active efforts under s. 48.028 (4) (e) 2. have been made to prevent the breakup of the Indian child's family and whether those efforts have proved unsuccessful, unless partial summary judgment on the grounds for termination of parental rights is granted, in which case the court shall make those determinations at the dispositional hearing. Grounds for termination of parental rights shall be one of the following:

SB729,10 Section 10 . 48.415 (3m) of the statutes is created to read:

SB729,8,2 48.415 (3m) Parental incarceration. Parental incarceration, which shall be established by proving all of the following:

SB729,8,6 (a) That the child has been adjudged to be in need of protection or services and, while the parent is incarcerated, has been placed, or continued in a placement, outside his or her home pursuant to one or more court orders under s. 48.345, 48.357, 48.363, or 48.365 containing the notice required under s. 48.356 (2).

SB729,8,8 (b) That the parent is incarcerated at the time of the fact-finding hearing under s. 48.424.

SB729,8,12 (c) That the parent is likely to continue to be incarcerated for a substantial period of the child's minority. In determining whether the parent is likely to continue to be incarcerated for a substantial period of the child's minority, the court may consider whether the parent has a history of repeated incarceration.

SB729,11 Section 11. 48.415 (4) (a) of the statutes is amended to read:

SB729,8,18 48.415 (4) (a) That the parent has been denied periods of physical placement by court order in an action affecting the family or has been denied visitation under an order under s. 48.21 (4), 48.32, 48.345, 48.355 (3), 48.363, 48.365, 48.38, 938.21 (4), 938.32, 938.345, 938.355 (3), 938.363 or, 938.365, or 938.38 containing the notice required by s. 48.356 (2) or 938.356 (2).

SB729,12 Section 12 . 48.415 (11) of the statutes is created to read:

SB729,8,21 48.415 (11) Drug-affected child. The child is a drug-affected child, which shall be established by proving all of the following:

SB729,8,24 (a) That the child has been adjudged to be a child in need of protection or services under s. 48.13 (15) (b) and placed outside the home pursuant to one or more court orders under s. 48.345, 48.347, 48.357, 48.363, or 48.365.

SB729,8,25 (b) That one of the following applies:

SB729,9,4 1. The parent has not made reasonable efforts to enroll in a substance use disorder treatment or recovery program within 90 days of the placement of the child outside the home pursuant to one or more court orders under s. 48.345, 48.347, 48.357, 48.363, or 48.365.

SB729,9,8 2. The parent enrolled in a substance use disorder treatment or recovery program after placement of the child outside the home pursuant to one or more court orders under s. 48.345, 48.347, 48.357, 48.363, or 48.365 but has not maintained substantial compliance with the program.

SB729,9,10 (c) That the parent is not participating in a drug court program as described in s. 165.955 (1).

SB729,9,15 (d) That there is a substantial likelihood that the parent will not meet the conditions for the safe return of the child to the home by the date established by the court or a review panel under s. 48.38 (5) (c) 5. or by the court under s. 48.38 (5m) (e) at the child's most recent permanency review or permanency hearing prior to the filing of the petition for termination of parental rights.

SB729,13 Section 13 . 48.422 (1) of the statutes is amended to read:

SB729,9,21 48.422 (1) Except as provided in s. 48.42 (2g) (ag), the hearing on the petition to terminate parental rights shall be held within 30 days after the petition is filed. At the hearing on the petition to terminate parental rights the court shall determine whether any party wishes to contest the petition and inform the parties of their rights under sub. (4) and s. 48.423.

SB729,14 Section 14 . 48.422 (4) of the statutes is repealed.

SB729,15 Section 15 . 48.422 (5) of the statutes is amended to read:

SB729,10,3 48.422 (5) Any nonpetitioning party, including the child, shall be granted a continuance of the hearing for the purpose of consulting with an attorney on the request for a jury trial or concerning a request for the substitution of a judge.

SB729,16 Section 16 . 48.424 (3) of the statutes is amended to read:

SB729,10,9 48.424 (3) If the facts are determined by a jury, the jury may only The court shall decide whether any grounds for the termination of parental rights have been proved and, whether the allegations specified in s. 48.42 (1) (e) have been proved in cases involving the involuntary termination of parental rights to an Indian child. The court shall decide, and what disposition is in the best interest of the child.

SB729,17 Section 17 . 48.424 (4) (intro.) of the statutes is amended to read:

SB729,10,18 48.424 (4) (intro.) If the court finds grounds for the termination of parental rights are found by the court or jury, the court shall find the parent unfit. A finding of unfitness shall not preclude a dismissal of a petition under s. 48.427 (2). Except as provided in s. 48.23 (2) (b) 3., the court shall then proceed immediately to hear evidence and motions related to the dispositions enumerated in s. 48.427. Except as provided in s. 48.42 (2g) (ag), the court may delay making the disposition and set a date for a dispositional hearing no later than 45 days after the fact-finding hearing if any of the following apply:

SB729,18 Section 18 . 938.356 (1m) of the statutes is created to read:

SB729,10,23 938.356 (1m) Whenever the court orders a juvenile to be placed outside his or her home or denies a parent visitation in an order under s. 938.21 (4) or 938.32, the court shall orally inform the parent or parents who appear in court of any grounds for termination of parental rights under s. 48.415 that may be applicable.

SB729,19 Section 19 . 938.356 (2) of the statutes is amended to read:

SB729,11,4 938.356 (2) Written warning. In addition to the notice required under sub. (1) or (1m), any written order which places a juvenile outside the home or denies visitation under sub. (1) or (1m) shall notify the parent or parents of the information specified under sub. (1) or (1m).

SB729,20 Section 20 . 938.38 (5) (a) of the statutes is amended to read:

SB729,11,18 938.38 (5) (a) Except as provided in s. 48.63 (5) (d), the court or a panel appointed under par. (ag) shall review the permanency plan for each juvenile for whom a permanency plan is required under sub. (2) in the manner provided in this subsection not later than 6 months after the date on which the juvenile was first removed from his or her home of a hearing held under sub. (5m) and every 6 months after a previous review under this subsection for as long as the juvenile is placed outside the home, except that for the review that is required to be conducted not later than 12 months after the juvenile was first removed from his or her home and the reviews that are required to be conducted every 12 months after that review the initial hearing under sub. (5m), the court shall hold a hearing under sub. (5m) to review the permanency plan. The hearing may be instead of or in addition to the review under this subsection. The 6-month and 12-month periods referred to in this paragraph include trial reunifications under s. 938.358.

SB729,21 Section 21 . 938.38 (5m) (a) of the statutes is amended to read:

SB729,12,2 938.38 (5m) (a) The court shall hold a hearing to review the permanency plan and to make the determinations specified in sub. (5) (c) for each juvenile for whom a permanency plan is required under sub. (2) no later than 12 6 months after the date on which the juvenile was first removed from the home and every 12 months after a previous hearing under this subsection for as long as the juvenile is placed outside the home. The 6-month and 12-month periods referred to in this paragraph include trial reunifications under s. 938.358.

SB729,22 Section 22 . Nonstatutory provisions.

SB729,12,10 (1) Parental incarceration. A court assigned to exercise jurisdiction under ch. 48 may terminate parental rights to a child who was ordered to be placed outside the home before the effective date of this subsection on the grounds specified under s. 48.415 (3m) notwithstanding that the parent was not notified of those grounds under s. 48.356 (2) or 938.356 (2) when that placement was ordered so long as the parent is notified of those grounds under s. 48.356 (2) or 938.356 (2) before the filing of the termination of parental rights petition.

SB729,23 Section 23 . Initial applicability.

SB729,12,15 (1) Right to a jury trial. The treatment of ss. 48.31 (2) and (4), 48.415 (intro.), 48.422 (1), (4), and (5), and 48.424 (3) and (4) (intro.) first applies to a termination of parental rights proceeding for which the petition is filed on the effective date of this subsection.

SB729,12,18 (2) Child in need of protection or services ground. The treatment of s. 48.13 (15) first applies to a petition filed under s. 48.13 on the effective date of this subsection.

SB729,12,22 (3) Warnings for grounds of an involuntary termination of parental rights. The treatment of s. 48.415 (11) first applies to a court order required to contain the notice under s. 48.356 (2) or 938.356 (2) granted on the effective date of this subsection.

SB729,12,25 (4) Permanency plan reviews. The treatment of ss. 48.38 (5) (a) and (5m) (a) and 938.38 (5) (a) and (5m) (a) first applies to a permanency plan that is filed with the court under s. 48.38 (3) or 938.38 (3) on the effective date of this subsection.

SB729,13,3 (5) Parental incarceration. The treatment of s. 48.415 (3m) and Section 22 (1) of this act first apply to a petition for termination of parental rights filed on the effective date of this subsection.

SB729,13,4 (End)