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AB630,4,65 (b) There has not been a prior request for substitution under sub. (1) in the
6proceeding.
AB630,4,87 (c) The request is filed before or during the hearing on the motion to terminate
8parental rights under s. 48.422 (1).
AB630,7 9Section 7 . 48.29 (3) of the statutes is amended to read:
AB630,4,1310 48.29 (3) Subsections (1) and to (1m) do not apply in any proceeding under s.
1148.375 (7). For proceedings under s. 48.375 (7), the minor may select the judge whom
12she wishes to be assigned to the proceeding and that judge shall be assigned to the
13proceeding.
AB630,8 14Section 8 . 48.30 (2) of the statutes is amended to read:
AB630,4,2415 48.30 (2) At the commencement of the hearing under this section the child and
16the parent, guardian, legal custodian, or Indian custodian; the child expectant
17mother, her parent, guardian, legal custodian, or Indian custodian, and the unborn
18child's guardian ad litem; or the adult expectant mother and the unborn child's
19guardian ad litem; shall be advised of the rights specified in s. 48.243 and shall be
20informed that a request for a jury trial or for a substitution of judge under s. 48.29
21must be made before the end of the plea hearing or is waived, except as provided in
22s. 48.29 (1d)
. Nonpetitioning parties, including the child, shall be granted a
23continuance of the plea hearing if they wish to consult with an attorney on the
24request for a jury trial or substitution of a judge.
AB630,9 25Section 9 . 48.31 (1) of the statutes is amended to read:
AB630,5,10
148.31 (1) In this section, “fact-finding hearing" means a hearing to determine
2if the allegations in a petition under s. 48.13 or 48.133 or a petition or motion to
3terminate parental rights are proved by clear and convincing evidence. In the case
4of a petition or motion to terminate parental rights to an Indian child, “fact-finding
5hearing" means a hearing to determine if the allegations in the petition, other than
6the allegations under s. 48.42 (1) (e) relating to serious emotional or physical
7damage, are proved by clear and convincing evidence and if the allegations under s.
848.42 (1) (e) relating to serious emotional or physical damage are proved beyond a
9reasonable doubt as provided in s. 48.028 (4) (e) 1., unless partial summary judgment
10on the grounds for termination of parental rights is granted.
AB630,10 11Section 10 . 48.31 (2) of the statutes is amended to read:
AB630,6,912 48.31 (2) The hearing shall be to the court unless the child, the child's parent,
13guardian, or legal custodian, the unborn child's guardian ad litem, or the expectant
14mother of the unborn child exercises the right to a jury trial by demanding a jury trial
15at any time before or during the plea hearing. If a jury trial is demanded in a
16proceeding under s. 48.13 or 48.133, the jury shall consist of 6 persons , unless a
17motion is filed under s. 48.42 (1d)
. If a jury trial is demanded in a proceeding under
18s. 48.42, including on a motion filed under s. 48.42 (1d), the jury shall consist of 12
19persons unless the parties agree to a lesser number. Chapters 756 and 805 shall
20govern the selection of jurors. If the hearing involves a child victim or witness, as
21defined in s. 950.02, the court may order that a deposition be taken by audiovisual
22means and allow the use of a recorded deposition under s. 967.04 (7) to (10) and, with
23the district attorney, shall comply with s. 971.105. At the conclusion of the hearing,
24the court or jury shall make a determination of the facts, except that in a case alleging
25a child or an unborn child to be in need of protection or services under s. 48.13 or

148.133, the court shall make the determination under s. 48.13 (intro.) or 48.133
2relating to whether the child or unborn child is in need of protection or services that
3can be ordered by the court. If the court finds that the child or unborn child is not
4within the jurisdiction of the court or, in a case alleging a child or an unborn child
5to be in need of protection or services under s. 48.13 or 48.133, that the child or
6unborn child is not in need of protection or services that can be ordered by the court,
7or if the court or jury finds that the facts alleged in the petition , or in a motion to
8terminate parental rights under s. 48.42 (1d),
have not been proved, the court shall
9dismiss the petition or motion with prejudice.
AB630,11 10Section 11 . 48.31 (4) of the statutes is amended to read:
AB630,7,611 48.31 (4) The court or jury shall make findings of fact and the court shall make
12conclusions of law relating to the allegations of a petition filed under s. 48.13, 48.133
13or 48.42 (1) or a motion to terminate parental rights under s. 48.42 (1d), except that
14the court shall make findings of fact relating to whether the child or unborn child is
15in need of protection or services which can be ordered by the court. In cases alleging
16a child to be in need of protection or services under s. 48.13 (11), the court may not
17find that the child is suffering emotional damage unless a licensed physician
18specializing in psychiatry or a licensed psychologist appointed by the court to
19examine the child has testified at the hearing that in his or her opinion the condition
20exists, and adequate opportunity for the cross-examination of the physician or
21psychologist has been afforded. The judge may use the written reports if the right
22to have testimony presented is voluntarily, knowingly and intelligently waived by
23the guardian ad litem or legal counsel for the child and the parent or guardian. In
24cases alleging a child to be in need of protection or services under s. 48.13 (11m) or
25an unborn child to be in need of protection or services under s. 48.133, the court may

1not find that the child or the expectant mother of the unborn child is in need of
2treatment and education for needs and problems related to the use or abuse of alcohol
3beverages, controlled substances or controlled substance analogs and its medical,
4personal, family or social effects unless an assessment for alcohol and other drug
5abuse that conforms to the criteria specified under s. 48.547 (4) has been conducted
6by an approved treatment facility.
AB630,12 7Section 12 . 48.368 (1) of the statutes is amended to read:
AB630,7,168 48.368 (1) If a petition or motion for termination of parental rights is filed
9under s. 48.41 or 48.415 48.42 or an appeal from a judgment terminating or denying
10termination of parental rights is filed during the year in which a dispositional order
11under s. 48.355, an extension order under s. 48.365, a voluntary agreement for
12placement of the child under s. 48.63, or a guardianship order under s. 48.977 or
1348.9795, ch. 54, 2017 stats., or ch. 880, 2003 stats., is in effect, the dispositional or
14extension order, voluntary agreement, or guardianship order shall remain in effect
15until all proceedings related to the filing of the petition or motion for termination of
16parental rights
or an appeal are concluded.
AB630,13 17Section 13 . 48.38 (5) (c) 6. b. of the statutes is amended to read:
AB630,7,1918 48.38 (5) (c) 6. b. Having a petition or motion for the involuntary termination
19of parental rights filed on behalf of the child.
AB630,14 20Section 14 . 48.40 (1r) of the statutes is amended to read:
AB630,8,321 48.40 (1r) “Parent" has the meaning given in s. 48.02 (13), except that for
22purposes of filing a petition or motion seeking the involuntary termination of
23parental rights under s. 48.415 to a nonmarital child who is not adopted or whose
24parents do not subsequently intermarry under s. 767.803 and whose paternity has
25not been established, of finding grounds under s. 48.415 for the involuntary

1termination of parental rights to such a child, and of terminating the parental rights
2to such a child on a ground specified in s. 48.415, “parent" includes a person who may
3be the parent of such a child.
AB630,15 4Section 15 . 48.415 (1) (a) 1. of the statutes is amended to read:
AB630,8,85 48.415 (1) (a) 1. That the child has been left without provision for the child's
6care or support, the petitioner or movant has investigated the circumstances
7surrounding the matter and for 60 days the petitioner or movant has been unable to
8find either parent.
AB630,16 9Section 16 . 48.415 (3) (a) of the statutes is amended to read:
AB630,8,1610 48.415 (3) (a) The parent is presently, and for a cumulative total period of at
11least 2 years within the 5 years immediately prior to the filing of the petition or
12motion to terminate parental rights
has been, an inpatient at one or more hospitals
13as defined in s. 50.33 (2) (a), (b) or (c), licensed treatment facilities as defined in s.
1451.01 (2) or state treatment facilities as defined in s. 51.01 (15) on account of mental
15illness as defined in s. 51.01 (13) (a) or (b), developmental disability as defined in s.
1655.01 (2), or other like incapacities, as defined in s. 55.01 (5);
AB630,17 17Section 17 . 48.415 (5) (intro.) of the statutes is amended to read:
AB630,8,2218 48.415 (5) Child abuse. (intro.) Child abuse, which shall be established by
19proving that the parent has exhibited a pattern of physically or sexually abusive
20behavior which is a substantial threat to the health of the child who is the subject
21of the petition or motion to terminate parental rights and proving either of the
22following:
AB630,18 23Section 18 . 48.415 (10) (a) of the statutes is amended to read:
AB630,9,324 48.415 (10) (a) That the child who is the subject of the petition or motion to
25terminate parental rights
has been adjudged to be in need of protection or services

1under s. 48.13 (2), (3) or (10); or that the child who is the subject of the petition or
2motion
was born after the filing of a petition or motion under this subsection whose
3subject is a sibling of the child.
AB630,19 4Section 19 . 48.415 (10) (b) of the statutes is amended to read:
AB630,9,115 48.415 (10) (b) That, within 3 years prior to the date the court adjudged the
6child to be in need of protection or services as specified in par. (a) or, in the case of
7a child born after the filing of a petition or motion to terminate parental rights as
8specified in par. (a), within 3 years prior to the date of birth of the child, a court has
9ordered the termination of parental rights with respect to another child of the person
10whose parental rights are sought to be terminated on one or more of the grounds
11specified in this section.
AB630,20 12Section 20 . 48.417 (1) (intro.) of the statutes is amended to read:
AB630,9,2013 48.417 (1) Filing or joining in petition or motion; when required. (intro.)
14Subject to sub. (2), an agency or the district attorney, corporation counsel, or other
15appropriate official designated under s. 48.09 shall file a petition under s. 48.42 (1)
16or a motion under s. 48.42 (1d) to terminate the parental rights of a parent or the
17parents of a child, or, if a petition under s. 48.42 (1) or motion under s. 48.42 (1d) to
18terminate those parental rights has already been filed, the agency, district attorney,
19corporation counsel or other appropriate official shall join in the petition or motion,
20if any of the following circumstances apply:
AB630,21 21Section 21 . 48.417 (1) (a) of the statutes is amended to read:
AB630,9,2522 48.417 (1) (a) The child has been placed outside of his or her home, as described
23in s. 48.365 (1) or 938.365 (1), in a foster home, group home, nonsecured residential
24care center for children and youth, or shelter care facility for 15 of the most recent
2522 months, not including any period during which the child was a runaway from the

1out-of-home placement or was residing in a trial reunification home. If the
2circumstances specified in this paragraph apply, the petition or motion to terminate
3parental rights
shall be filed or joined in by the last day of the 15th month, as
4described in this paragraph, for which the child was placed outside of his or her home.
AB630,22 5Section 22 . 48.417 (1) (b) of the statutes is amended to read:
AB630,10,156 48.417 (1) (b) A court of competent jurisdiction has found under s. 48.13 (2) or
7under a law of any other state or a federal law that is comparable to s. 48.13 (2) that
8the child was abandoned when he or she was under one year of age or has found that
9the parent abandoned the child when the child was under one year of age in violation
10of s. 948.20 or in violation of the law of any other state or federal law, if that violation
11would be a violation of s. 948.20 if committed in this state. If the circumstances
12specified in this paragraph apply, the petition or motion to terminate parental rights
13shall be filed or joined in within 60 days after the date on which the court of
14competent jurisdiction found that the child was abandoned as described in this
15paragraph.
AB630,23 16Section 23 . 48.417 (1) (c) of the statutes is amended to read:
AB630,11,217 48.417 (1) (c) A court of competent jurisdiction has found that the parent has
18committed, has aided or abetted the commission of, or has solicited, conspired, or
19attempted to commit, a violation of s. 940.01, 940.02, 940.03, or 940.05 or a violation
20of the law of any other state or federal law, if that violation would be a violation of
21s. 940.01, 940.02, 940.03, or 940.05 if committed in this state, and that the victim of
22that violation is a child of the parent. If the circumstances specified in this paragraph
23apply, the petition or motion to terminate parental rights shall be filed or joined in
24within 60 days after the date on which the court assigned to exercise jurisdiction
25under this chapter determines, based on a finding that a circumstance specified in

1this paragraph applies, that reasonable efforts to make it possible for the child to
2return safely to his or her home are not required.
AB630,24 3Section 24 . 48.417 (1) (d) of the statutes is amended to read:
AB630,11,174 48.417 (1) (d) A court of competent jurisdiction has found that the parent has
5committed a violation of s. 940.19 (3), 1999 stats., a violation of s. 940.19 (2), (4), or
6(5), 940.225 (1) or (2), 948.02 (1) or (2), 948.025, 948.03 (2) (a), (3) (a), or (5) (a) 1., 2.,
7or 3., 948.051, or 948.085, a violation of s. 940.302 (2) if s. 940.302 (2) (a) 1. b. applies,
8or a violation of the law of any other state or federal law, if that violation would be
9a violation listed under this paragraph if committed in this state, and that the
10violation resulted in great bodily harm, as defined in s. 939.22 (14), or in substantial
11bodily harm, as defined in s. 939.22 (38), to the child or another child of the parent.
12If the circumstances specified in this paragraph apply, the petition or motion to
13terminate parental rights
shall be filed or joined in within 60 days after the date on
14which the court assigned to exercise jurisdiction under this chapter determines,
15based on a finding that a circumstance specified in this paragraph applies, that
16reasonable efforts to make it possible for the child to return safely to his or her home
17are not required.
AB630,25 18Section 25 . 48.417 (2) (intro.) of the statutes is amended to read:
AB630,12,219 48.417 (2) Filing or joining in petition or motion; when not required. (intro.)
20Notwithstanding that any of the circumstances specified in sub. (1) (a), (b), (c) or (d)
21may apply, an agency or the district attorney, corporation counsel or other
22appropriate official designated under s. 48.09 need not file a petition under s. 48.42
23(1) or motion under s. 48.42 (1d) to terminate the parental rights of a parent or the
24parents of a child, or, if a petition under s. 48.42 (1) or motion to terminate those
25parental rights has already been filed, the agency, district attorney, corporation

1counsel or other appropriate official need not join in the petition, if any of the
2following circumstances apply:
AB630,26 3Section 26 . 48.417 (3) of the statutes is amended to read:
AB630,12,104 48.417 (3) Concurrent adoption efforts required. If a petition or motion to
5terminate parental rights
is filed or joined in as required under sub. (1), the agency
6primarily responsible for providing services to the child under a court order shall,
7during the pendency of the proceeding on the petition or motion, work with the
8agency identified in the report under s. 48.425 (1) (f) that would be responsible for
9accomplishing the adoption of the child in processing and approving a qualified
10family for the adoption of the child.
AB630,27 11Section 27 . 48.417 (4) of the statutes is amended to read:
AB630,12,1412 48.417 (4) Notice to department. If a petition or motion to terminate parental
13rights
is filed or joined in as required under sub. (1), the person who filed or joined
14in the petition or motion shall notify the department of that filing or joinder.
AB630,28 15Section 28 . 48.42 (1) (intro.) of the statutes is amended to read:
AB630,12,2016 48.42 (1) Petition. (intro.) A Except as provided under sub. (1d), a proceeding
17for the termination of parental rights shall be initiated by petition which may be filed
18by the child's parent, an agency or a person authorized to file a petition under s. 48.25
19or 48.835. The petition shall be entitled “In the interest of .......... (child's name), a
20person under the age of 18" and shall set forth with specificity:
AB630,29 21Section 29 . 48.42 (1d) of the statutes is created to read:
AB630,13,422 48.42 (1d) Motion to terminate parental rights of a child alleged to be in
23need of protection or services.
If there is an open proceeding under s. 48.13 for the
24child, the termination of parental rights may be initiated by filing a motion in that
25open proceeding. A motion under this subsection may be filed by the child's parent,

1an agency, or a person authorized to file a petition under s. 48.25, who is a party to
2the open proceeding, and shall set forth with specificity the information required in
3sub. (1) (c) and (e). A motion filed under this subsection is subject to the procedures
4of this subchapter.
AB630,30 5Section 30 . 48.42 (1g) (a) (intro.) of the statutes is amended to read:
AB630,13,166 48.42 (1g) (a) (intro.) Except as provided in par. (c), if the petition or motion to
7terminate parental rights
is filed by a person or agency other than the district
8attorney, corporation counsel, or other appropriate official under s. 48.09; if the
9petition or motion seeks to terminate the parental rights of a person who may be the
10father of a nonmarital child who is under one year of age at the time the petition or
11motion
is filed, who is not adopted or whose parents do not subsequently intermarry
12under s. 767.803, and whose paternity has not been established; and if the mother
13of the child has voluntarily consented to or seeks to voluntarily consent to the
14termination of her parental rights to the child, the petitioner or movant may file with
15the petition or motion an affidavit signed by the mother that includes all of the
16following:
AB630,31 17Section 31 . 48.42 (1g) (b) of the statutes is amended to read:
AB630,14,218 48.42 (1g) (b) The petitioner or movant shall notify any man identified in the
19affidavit under par. (a) as an alleged father of his right to file a declaration of paternal
20interest under s. 48.025 before the birth of the child, within 14 days after the birth
21of the child, or within 21 days after the date on which the notice is mailed, whichever
22is later; of the birth date or anticipated birth date of the child; and of the
23consequences of filing or not filing a declaration of paternal interest. The petitioner
24or movant shall include with the notice a copy of the form required to file a

1declaration of paternal interest under s. 48.025. The notice shall be sent by certified
2mail to the last-known address of the alleged father.
AB630,32 3Section 32 . 48.42 (1g) (c) of the statutes is amended to read:
AB630,14,54 48.42 (1g) (c) If an affidavit under par. (a) is not filed with the petition or
5motion
, notice shall be given to an alleged father under sub. (2).
AB630,33 6Section 33 . 48.42 (1m) (a) of the statutes is amended to read:
AB630,14,157 48.42 (1m) (a) If the petition filed under sub. (1) or motion filed under sub. (1d)
8includes a statement of the grounds for involuntary termination of parental rights
9under sub. (1) (c) 2., the petitioner or movant may, at the time the petition under sub.
10(1) or motion under sub. (1d) is filed, also petition the court for a temporary order and
11an injunction prohibiting the person whose parental rights are sought to be
12terminated from visiting or contacting the child who is the subject of the petition
13under sub. (1) or motion. Any petition under this paragraph shall allege facts
14sufficient to show that prohibiting visitation or contact would be in the best interests
15of the child.
AB630,34 16Section 34 . 48.42 (1m) (b) of the statutes is amended to read:
AB630,14,2217 48.42 (1m) (b) Subject to par. (e), the court may issue the temporary order ex
18parte or may refuse to issue the temporary order and hold a hearing on whether to
19issue an injunction. The temporary order is in effect until a hearing is held on the
20issuance of an injunction. The court shall hold a hearing on the issuance of an
21injunction on or before the date of the hearing on the petition or motion to terminate
22parental rights under s. 48.422 (1).
AB630,35 23Section 35 . 48.42 (1m) (c) of the statutes is amended to read:
AB630,15,524 48.42 (1m) (c) Notwithstanding any other order under s. 48.355 (3), the court,
25subject to par. (e), may grant an injunction prohibiting the respondent from visiting

1or contacting the child if the court determines that the prohibition would be in the
2best interests of the child. An injunction under this subsection is effective according
3to its terms but may not remain in effect beyond the date the court dismisses the
4petition or motion for termination of parental rights under s. 48.427 (2) or issues an
5order terminating parental rights under s. 48.427 (3).
AB630,36 6Section 36 . 48.42 (2) (intro.) of the statutes is amended to read:
AB630,15,97 48.42 (2) Who must be summoned. (intro.) Except as provided in sub. (2m), the
8petitioner or movant shall cause the summons and petition or motion to terminate
9parental rights
to be served upon the following persons:
AB630,37 10Section 37 . 48.42 (2) (bm) (intro.) of the statutes is amended to read:
AB630,15,1511 48.42 (2) (bm) (intro.) If the child is a nonmarital child who is under one year
12of age at the time the petition or motion to terminate parental rights is filed and who
13is not adopted or whose parents do not subsequently intermarry under s. 767.803 and
14whose paternity has not been established and if an affidavit under sub. (1g) (a) is filed
15with the petition or motion to terminate parental rights:
AB630,38 16Section 38 . 48.42 (2g) (a) of the statutes is amended to read:
AB630,16,317 48.42 (2g) (a) In addition to causing the summons and petition or motion to
18terminate parental rights
to be served as required under sub. (2), the petitioner or
19movant
shall also notify any foster parent or other physical custodian described in
20s. 48.62 (2) of the child of all hearings on the petition or motion. The first notice to
21any foster parent or other physical custodian described in s. 48.62 (2) shall be
22written, shall have a copy of the petition or motion attached to it, shall state the
23nature, location, date, and time of the initial hearing and shall be mailed to the
24last-known address of the foster parent or other physical custodian described in s.
2548.62 (2). Thereafter, notice of hearings may be given by telephone at least 72 hours

1before the time of the hearing. The person giving telephone notice shall place in the
2case file a signed statement of the time notice was given and the person to whom he
3or she spoke.
AB630,39 4Section 39 . 48.42 (2g) (ag) of the statutes is amended to read:
AB630,16,195 48.42 (2g) (ag) In the case of an involuntary termination of parental rights to
6a child whom the petitioner or movant knows or has reason to know is an Indian
7child, the petitioner or movant shall cause the summons and petition or motion to be
8served on the Indian child's parent and Indian custodian in the manner specified in
9s. 48.028 (4) (a). In like manner, the petitioner or movant shall also notify the Indian
10child's tribe of all hearings on the petition or motion. The first notice to an Indian
11child's tribe shall be written, shall have a copy of the petition or motion attached to
12it, and shall state the nature, location, date, and time of the initial hearing. No
13hearing may be held on the petition or motion until at least 10 days after receipt of
14notice of the hearing by the Indian child's parent, Indian custodian, and tribe or, if
15the identity or location of the Indian child's parent, Indian custodian, or tribe cannot
16be determined, until at least 15 days after receipt of the notice by the U.S. secretary
17of the interior. On request of the Indian child's parent, Indian custodian, or tribe, the
18court shall grant a continuance of up to 20 additional days to enable the requester
19to prepare for the hearing.
AB630,40 20Section 40 . 48.42 (2m) of the statutes is amended to read:
AB630,17,921 48.42 (2m) Notice not required. (a) Parent as a result of sexual assault.
22Except as provided in this paragraph, notice is not required to be given to a person
23who may be the father of a child conceived as a result of a sexual assault in violation
24of s. 940.225 (1), (2) or (3), 948.02 (1) or (2), 948.025, or 948.085 if a physician attests
25to his or her belief that a sexual assault as specified in this paragraph has occurred

1or if the person who may be the father of the child has been convicted of sexual assault
2as specified in this paragraph for conduct which may have led to the child's
3conception. A person who under this paragraph is not given notice does not have
4standing to appear and contest a petition or motion for the termination of his
5parental rights, present evidence relevant to the issue of disposition, or make
6alternative dispositional recommendations. This paragraph does not apply to a
7person who may be the father of a child conceived as a result of a sexual assault in
8violation of s. 948.02 (1) or (2) if that person was under 18 years of age at the time
9of the sexual assault.
AB630,17,2010 (b) Parent of nonmarital child. A person who may be the father of a nonmarital
11child who is not adopted or whose parents do not subsequently intermarry under s.
12767.803 and whose paternity has not been established, by virtue of the fact that he
13has engaged in sexual intercourse with the mother of the child, is considered to be
14on notice that a pregnancy and a termination of parental rights proceeding
15concerning the child may occur, and has the duty to protect his own rights and
16interests. He is therefore entitled to actual notice of such a proceeding only as
17provided in sub. (2) (b) or (bm). A person who is not entitled to notice under sub. (2)
18(b) or (bm) does not have standing to appear and contest a petition or motion for the
19termination of his parental rights, present evidence relevant to the issue of
20disposition, or make alternative dispositional recommendations.
AB630,41 21Section 41 . 48.42 (4) (title) of the statutes is amended to read:
AB630,17,2322 48.42 (4) (title) Manner of serving summons and petition or motion to
23terminate parental rights
.
AB630,42 24Section 42 . 48.42 (4) (a) of the statutes is amended to read:
AB630,18,7
148.42 (4) (a) Personal service. Except as provided in this paragraph, par. (b),
2and sub. (2g) (ag), a copy of the summons and petition or motion to terminate
3parental rights
shall be served personally upon the parties specified in sub. (2), if
4known, at least 7 days before the date of the hearing. Service of summons is not
5required if the party submits to the jurisdiction of the court. Service upon parties
6who are not natural persons and upon persons under a disability shall be as
7prescribed in s. 801.11.
AB630,43 8Section 43 . 48.42 (4) (b) 3. of the statutes is amended to read:
AB630,18,129 48.42 (4) (b) 3. At the time the petition or motion to terminate parental rights
10is filed, the petitioner or movant may move the court for an order waiving the
11requirement of constructive notice to a person who, although his identity is
12unknown, may be the father of a nonmarital child.
AB630,44 13Section 44 . 48.42 (4) (b) 4. (intro.) of the statutes is amended to read:
AB630,19,214 48.42 (4) (b) 4. (intro.) A notice published under this subsection shall be
15published as a class 1 notice under ch. 985. In determining which newspaper is likely
16to give notice as required under s. 985.02 (1), the petitioner, movant, or court shall
17consider the residence of the party, if known, or the residence of the relatives of the
18party, if known, or the last-known location of the party. If the party's post-office
19address is known or can, with due diligence, be ascertained, a copy of the summons
20and petition or motion to terminate parental rights shall be mailed to the party upon
21or immediately prior to the first publication. The mailing may be omitted if the
22petitioner or movant shows that the post-office address cannot be obtained with due
23diligence. Except as provided in subd. 5., the notice shall include the date, place and
24circuit court branch for the hearing, the court file number, the name, address and
25telephone number of the petitioner's or movant's attorney and information the court

1determines to be necessary to give effective notice to the party or parties. Such
2information shall include the following, if known:
AB630,45 3Section 45 . 48.422 (title) of the statutes is amended to read:
AB630,19,5 448.422 (title) Hearing on the petition or motion to terminate parental
5rights
.
AB630,46 6Section 46 . 48.422 (1) of the statutes is amended to read:
AB630,19,117 48.422 (1) Except as provided in s. 48.42 (2g) (ag), the hearing on the petition
8or motion to terminate parental rights shall be held within 30 days after the petition
9or motion is filed. At the hearing on the petition or motion to terminate parental
10rights the court shall determine whether any party wishes to contest the petition or
11motion
and inform the parties of their rights under sub. (4) and s. 48.423.
AB630,47 12Section 47 . 48.422 (2) of the statutes is amended to read:
AB630,19,1713 48.422 (2) Except as provided in s. 48.42 (2g) (ag), if the petition or motion to
14terminate parental rights
is contested the court shall set a date for a fact-finding
15hearing to be held within 45 days after the hearing on the petition or motion, unless
16all of the necessary parties agree to commence with the hearing on the merits
17immediately.
AB630,48 18Section 48 . 48.422 (3) of the statutes is amended to read:
AB630,19,2119 48.422 (3) If the petition or motion to terminate parental rights is not contested
20the court shall hear testimony in support of the allegations in the petition or motion,
21including testimony as required in sub. (7).
AB630,49 22Section 49 . 48.422 (4) of the statutes is amended to read:
AB630,20,223 48.422 (4) Any party who is necessary to the proceeding or whose rights may
24be affected by an order terminating parental rights shall be granted a jury trial upon

1request if the request is made before the end of the initial hearing on the petition or
2motion to terminate parental rights
.
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