LRBs0292/1
EAW:amn
2021 - 2022 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO ASSEMBLY BILL 632
February 10, 2022 - Offered by Representative Dittrich.
AB632-ASA1,1,3
1An Act to renumber 809.107 (5) (am);
to amend 809.107 (5) (am) (title); and
to
2create 809.107 (5) (am) 2. and 3. of the statutes;
relating to: notice of
3abandonment of appeal of an order terminating parental rights.
Analysis by the Legislative Reference Bureau
Under current law, when a person appeals an order in a termination of parental
rights (TPR) proceeding, the person must, within 30 days after the date of the order,
file a notice of intent to appeal with the circuit court and serve a copy of the notice
on the other parties to the TPR proceeding. After filing the notice of intent, the
person who filed the notice is entitled to receive a copy of the hearing transcript and
circuit court case record. Under current law, within 30 days after receiving the
transcript and case record, the person may file a notice of appeal with the appellate
court to initiate the appeal. If the person who filed the notice of intent to appeal
decides not to pursue the appeal, the person is required to notify, within 30 days of
receiving the transcript and case record from the circuit court, anyone who received
the notice of intent to appeal of the decision to abandon the appeal.
This bill creates a process for requesting the circuit court to find that a person
who has filed a notice of intent to appeal has abandoned the proceeding if the person
does not file a notice of appeal or provide notice of abandonment of the appeal. Under
the bill, the person representing the interest of the public or the opposing counsel in
the TPR proceeding may file a motion with the circuit court to find that the appeal
has been abandoned. Under the bill, the person who filed the notice of intent to
appeal has 10 days after receiving notice of the motion to request a hearing. If no
request for a hearing is made, the circuit court may rule on the motion without a
hearing.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB632-ASA1,1
1Section 1
. 809.107 (5) (am) (title) of the statutes is amended to read:
AB632-ASA1,2,22
809.107
(5) (am) (title)
Notice of abandonment Abandonment of appeal.
AB632-ASA1,2
3Section 2
. 809.107 (5) (am) of the statutes is renumbered 809.107 (5) (am) 1.
AB632-ASA1,3
4Section 3
. 809.107 (5) (am) 2. and 3. of the statutes are created to read:
AB632-ASA1,2,115
809.107
(5) (am) 2. If a person who filed a notice of intent to appeal under sub.
6(2) (bm) has not filed a notice of appeal or provided a notice of abandonment of appeal
7as of the deadline under subd. 1., the person representing the interests of the public
8or the opposing counsel in the termination of parental rights proceeding may file a
9motion with the circuit court requesting a finding that the appeal has been
10abandoned. A finding of abandonment under this subdivision has the same effect as
11a notice of abandonment under subd. 1.
AB632-ASA1,2,1612
3. If a motion requesting a finding of abandonment is filed under subd. 2., the
13circuit court shall provide notice of the motion to the person who filed the notice of
14intent to appeal. That person may request a hearing within 10 days of receiving
15notice. If no request for a hearing is filed, the circuit court may rule on the motion
16without a hearing.
AB632-ASA1,2,1918
(1) This act first applies to a notice of intent to appeal under s. 809.107 (2) (bm)
19that is filed on the effective date of this subsection.
