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.
AB630,50
3Section 50
. 48.422 (6) (b) of the statutes is amended to read:
AB630,20,134
48.422
(6) (b) If the court determines that an unknown person may be the
5father of the child and notice to that person has not been waived under s. 48.42 (4)
6(b) 3., the court shall determine whether constructive notice will substantially
7increase the likelihood of notice to that person. If the court does determine that it
8would substantially increase the likelihood of notice and the petitioner
or movant 9has not already caused the notice to be published or the court determines that the
10publication used was not sufficient, the court shall adjourn the hearing for a period
11not to exceed 30 days and shall order constructive notice under s. 48.42 (4) (b). If the
12court determines that constructive notice will not substantially increase the
13likelihood of notice to that person, the court shall order that the hearing proceed.
AB630,51
14Section 51
. 48.422 (7) (intro.) of the statutes is amended to read:
AB630,20,1615
48.422
(7) (intro.) Before accepting an admission of the alleged facts in a
16petition
or motion to terminate parental rights, the court shall:
AB630,52
17Section 52
. 48.422 (7) (a) of the statutes is amended to read:
AB630,20,2018
48.422
(7) (a) Address the parties present and determine that the admission
19is made voluntarily with understanding of the nature of the acts alleged in the
20petition
or motion to terminate parental rights and the potential dispositions.
AB630,53
21Section 53
. 48.422 (7) (bm) of the statutes is amended to read:
AB630,21,1422
48.422
(7) (bm) Establish whether a proposed adoptive parent of the child has
23been identified. If a proposed adoptive parent of the child has been identified and
24the proposed adoptive parent is not a relative of the child, the court shall order the
25petitioner
or movant to submit a report to the court containing the information
1specified in s. 48.913 (7). The court shall review the report to determine whether any
2payments or agreement to make payments set forth in the report are coercive to the
3birth parent of the child or to an alleged
to presumed father of the child or are
4impermissible under s. 48.913 (4). Making any payment to or on behalf of the birth
5parent of the child, an alleged or presumed father of the child or the child conditional
6in any part upon transfer or surrender of the child or the termination of parental
7rights or the finalization of the adoption creates a rebuttable presumption of
8coercion. Upon a finding of coercion, the court shall dismiss the petition
or motion
9to terminate parental rights or amend the agreement to delete any coercive
10conditions, if the parties agree to the amendment. Upon a finding that payments
11which are impermissible under s. 48.913 (4) have been made, the court may dismiss
12the petition and may refer the matter to the district attorney for prosecution under
13s. 948.24 (1). This paragraph does not apply if the petition
or motion was filed with
14a petition for adoptive placement under s. 48.837 (2).
AB630,54
15Section 54
. 48.422 (7) (br) of the statutes is amended to read:
AB630,21,1916
48.422
(7) (br) Establish whether any person has coerced a birth parent or any
17alleged or presumed father of the child in violation of s. 48.63 (3) (b) 5. Upon a finding
18of coercion, the court shall dismiss the petition
or motion to terminate parental
19rights.
AB630,55
20Section 55
. 48.422 (8) of the statutes is amended to read:
AB630,21,2521
48.422
(8) If the petition
or motion for termination of parental rights is filed
22by an agency enumerated in s. 48.069 (1) or (2), the court shall order the agency to
23file a report with the court as provided in s. 48.425 (1), except that, if the child is an
24Indian child, the court may order the agency or request the tribal child welfare
25department of the Indian child's tribe to file that report.
AB630,56
1Section
56. 48.422 (9) (a) of the statutes is amended to read:
AB630,22,62
48.422
(9) (a) If a petition
or motion for termination of the rights of a birth
3parent, as defined under s. 48.432 (1) (am), is filed by a person other than an agency
4enumerated under s. 48.069 (1) or (2) or if the court waives the report required under
5s. 48.425, the court shall order any parent whose rights may be terminated to file
6with the court the information specified under s. 48.425 (1) (am).
AB630,57
7Section 57
. 48.423 (2) (intro.) of the statutes is amended to read:
AB630,22,148
48.423
(2) Rights of out-of-state fathers. (intro.) A person who may be the
9father of a nonmarital child who is not adopted or whose parents do not subsequently
10intermarry under s. 767.803 and whose paternity has not been established may
11contest the petition
or motion to terminate parental rights, present evidence relevant
12to the issue of disposition, and make alternative dispositional recommendations if
13the person appears at the hearing, establishes paternity under sub. (1), and proves
14all of the following by a preponderance of the evidence:
AB630,58
15Section 58
. 48.424 (1) (intro.) of the statutes is amended to read:
AB630,22,1816
48.424
(1) (intro.) The purpose of the fact-finding hearing is to determine in
17cases in which the petition
or motion was contested at the hearing on the petition
or
18motion to terminate parental rights under s. 48.422 all of the following:
AB630,59
19Section 59
. 48.424 (4) (intro.) of the statutes is amended to read:
AB630,23,220
48.424
(4) (intro.) If grounds for the termination of parental rights are found
21by the court or jury, the court shall find the parent unfit. A finding of unfitness shall
22not preclude a dismissal of a petition
or motion to terminate parental rights under
23s. 48.427 (2). Except as provided in s. 48.23 (2) (b) 3., the court shall then proceed
24immediately to hear evidence and motions related to the dispositions enumerated in
25s. 48.427. Except as provided in s. 48.42 (2g) (ag), the court may delay making the
1disposition and set a date for a dispositional hearing no later than 45 days after the
2fact-finding hearing if any of the following apply:
AB630,60
3Section 60
. 48.424 (4) (b) of the statutes is amended to read:
AB630,23,94
48.424
(4) (b) The court has not yet received a report to the court on the history
5of the child as provided in s. 48.425 and the court now orders an agency enumerated
6in s. 48.069 (1) or (2) to file that report with the court, or, in the case of an Indian child,
7now orders that agency or requests the tribal child welfare department of the Indian
8child's tribe to file such a report, before the court makes the disposition on the
9petition
or motion to terminate parental rights.
AB630,61
10Section 61
. 48.425 (1) (am) 2. of the statutes is amended to read:
AB630,23,1311
48.425
(1) (am) 2. A report of any medical examination which either birth
12parent had within one year before the date of the petition
or motion to terminate
13parental rights.
AB630,62
14Section 62
. 48.425 (1) (cm) of the statutes is amended to read:
AB630,23,2215
48.425
(1) (cm) If the petition
or motion is seeking the involuntary termination
16of parental rights to an Indian child, specific information showing that continued
17custody of the child by the parent or Indian custodian is likely to result in serious
18emotional or physical damage to the child under s. 48.028 (4) (e) 1. and, if the Indian
19child has previously been adjudged to be in need of protection or services, specific
20information showing that active efforts under s. 48.028 (4) (e) 2. have been made to
21prevent the breakup of the Indian child's family and that those efforts have proved
22unsuccessful.
AB630,63
23Section 63
. 48.425 (1m) of the statutes is amended to read:
AB630,24,3
148.425
(1m) The agency required under sub. (1) to file the report shall prepare
2the medical record within 60 days after the date of the petition
or motion for the
3termination of parental rights.
AB630,64
4Section 64
. 48.425 (3) of the statutes is amended to read:
AB630,24,75
48.425
(3) The court may order a report as specified under this section to be
6prepared by an agency in those cases where the petition
or motion to terminate
7parental rights is filed by someone other than an agency.
AB630,65
8Section 65
. 48.427 (2) of the statutes is amended to read:
AB630,24,119
48.427
(2) The court may dismiss the petition
or motion to terminate parental
10rights if it finds that the evidence does not warrant the termination of parental
11rights.
AB630,66
12Section 66
. 48.43 (1) (intro.) of the statutes is amended to read: