This is the preview version of the Wisconsin State Legislature site.
Please see http://docs.legis.wisconsin.gov for the production version.
AB559-ASA1,7,222 48.415 (4) (a) That the parent has been denied periods of physical placement
23by court order in an action affecting the family or has been denied visitation under
24an order under s. 48.21 (4), 48.32, 48.345, 48.355 (3), 48.363, 48.365, 48.38, 938.21

1(4), 938.32,
938.345, 938.355 (3), 938.363 or, 938.365, or 938.38 containing the notice
2required by s. 48.356 (2) or 938.356 (2).
AB559-ASA1,12 3Section 12 . 48.415 (11) of the statutes is created to read:
AB559-ASA1,7,54 48.415 (11) Drug-affected child. The child is a drug-affected child, which
5shall be established by proving all of the following:
AB559-ASA1,7,86 (a) That the child has been adjudged to be a child in need of protection or
7services under s. 48.13 (15) (b) and placed outside the home pursuant to one or more
8court orders under s. 48.345, 48.347, 48.357, 48.363, or 48.365.
AB559-ASA1,7,99 (b) That one of the following applies:
AB559-ASA1,7,1310 1. The parent has not made reasonable efforts to enroll in a substance use
11disorder treatment or recovery program within 90 days of the placement of the child
12outside the home pursuant to one or more court orders under s. 48.345, 48.347,
1348.357, 48.363, or 48.365.
AB559-ASA1,7,1714 2. The parent enrolled in a substance use disorder treatment or recovery
15program after placement of the child outside the home pursuant to one or more court
16orders under s. 48.345, 48.347, 48.357, 48.363, or 48.365 but has not maintained
17substantial compliance with the program.
AB559-ASA1,7,1918 (c) That the parent is not participating in a drug court program as described
19in s. 165.955 (1).
AB559-ASA1,7,2320 (d) That there is a substantial likelihood that the parent will not meet the
21conditions for the safe return of the child to the home by the anticipated date that
22the child's permanency goal will be achieved, as specified in the child's permanency
23plan under s. 48.38.
AB559-ASA1,13 24Section 13 . 48.422 (1) of the statutes is amended to read:
AB559-ASA1,8,5
148.422 (1) Except as provided in s. 48.42 (2g) (ag), the hearing on the petition
2to terminate parental rights shall be held within 30 days after the petition is filed.
3At the hearing on the petition to terminate parental rights the court shall determine
4whether any party wishes to contest the petition and inform the parties of their
5rights under sub. (4) and s. 48.423.
AB559-ASA1,14 6Section 14 . 48.422 (4) of the statutes is repealed.
AB559-ASA1,15 7Section 15 . 48.422 (5) of the statutes is amended to read:
AB559-ASA1,8,108 48.422 (5) Any nonpetitioning party, including the child, shall be granted a
9continuance of the hearing for the purpose of consulting with an attorney on the
10request for a jury trial or
concerning a request for the substitution of a judge.
AB559-ASA1,16 11Section 16 . 48.424 (3) of the statutes is amended to read:
AB559-ASA1,8,1612 48.424 (3) If the facts are determined by a jury, the jury may only The court
13shall
decide whether any grounds for the termination of parental rights have been
14proved and, whether the allegations specified in s. 48.42 (1) (e) have been proved in
15cases involving the involuntary termination of parental rights to an Indian child.
16The court shall decide
, and what disposition is in the best interest of the child.
AB559-ASA1,17 17Section 17 . 48.424 (4) (intro.) of the statutes is amended to read:
AB559-ASA1,8,2518 48.424 (4) (intro.) If the court finds grounds for the termination of parental
19rights are found by the court or jury, the court shall find the parent unfit. A finding
20of unfitness shall not preclude a dismissal of a petition under s. 48.427 (2). Except
21as provided in s. 48.23 (2) (b) 3., the court shall then proceed immediately to hear
22evidence and motions related to the dispositions enumerated in s. 48.427. Except as
23provided in s. 48.42 (2g) (ag), the court may delay making the disposition and set a
24date for a dispositional hearing no later than 45 days after the fact-finding hearing
25if any of the following apply:
AB559-ASA1,18
1Section 18. 938.356 (1m) of the statutes is created to read:
AB559-ASA1,9,52 938.356 (1m) Whenever the court orders a juvenile to be placed outside his or
3her home or denies a parent visitation in an order under s. 938.21 (4) or 938.32, the
4court shall orally inform the parent or parents who appear in court of any grounds
5for termination of parental rights under s. 48.415 that may be applicable.
AB559-ASA1,19 6Section 19 . 938.356 (2) of the statutes is amended to read:
AB559-ASA1,9,107 938.356 (2) Written warning. In addition to the notice required under sub. (1)
8or (1m), any written order which places a juvenile outside the home or denies
9visitation under sub. (1) or (1m) shall notify the parent or parents of the information
10specified under sub. (1) or (1m).
AB559-ASA1,20 11Section 20 . 938.38 (5) (a) of the statutes is amended to read:
AB559-ASA1,9,2412 938.38 (5) (a) Except as provided in s. 48.63 (5) (d), the court or a panel
13appointed under par. (ag) shall review the permanency plan for each juvenile for
14whom a permanency plan is required under sub. (2) in the manner provided in this
15subsection not later than 6 months after the date on which the juvenile was first
16removed from his or her home
of a hearing held under sub. (5m) and every 6 months
17after a previous review under this subsection for as long as the juvenile is placed
18outside the home, except that for the review that is required to be conducted not later
19than 12 months after the juvenile was first removed from his or her home and the

20reviews that are required to be conducted every 12 months after that review the
21initial hearing under sub. (5m)
, the court shall hold a hearing under sub. (5m) to
22review the permanency plan. The hearing may be instead of or in addition to the
23review under this subsection. The 6-month and 12-month periods referred to in this
24paragraph include trial reunifications under s. 938.358.
AB559-ASA1,21 25Section 21 . 938.38 (5m) (a) of the statutes is amended to read:
AB559-ASA1,10,7
1938.38 (5m) (a) The court shall hold a hearing to review the permanency plan
2and to make the determinations specified in sub. (5) (c) for each juvenile for whom
3a permanency plan is required under sub. (2) no later than 12 6 months after the date
4on which the juvenile was first removed from the home and every 12 months after
5a previous hearing under this subsection for as long as the juvenile is placed outside
6the home. The 6-month and 12-month periods referred to in this paragraph include
7trial reunifications under s. 938.358.
AB559-ASA1,22 8Section 22 . Nonstatutory provisions.
AB559-ASA1,10,159 (1) Parental incarceration. A court assigned to exercise jurisdiction under ch.
1048 may terminate parental rights to a child who was ordered to be placed outside the
11home before the effective date of this subsection on the grounds specified under s.
1248.415 (3m) notwithstanding that the parent was not notified of those grounds under
13s. 48.356 (2) or 938.356 (2) when that placement was ordered so long as the parent
14is notified of those grounds under s. 48.356 (2) or 938.356 (2) before the filing of the
15termination of parental rights petition.
AB559-ASA1,23 16Section 23 . Initial applicability.
AB559-ASA1,10,2017 (1) Right to a jury trial. The treatment of ss. 48.31 (2) and (4), 48.415 (intro.),
1848.422 (1), (4), and (5), and 48.424 (3) and (4) (intro.) first applies to a termination
19of parental rights proceeding for which the petition is filed on the effective date of this
20subsection.
AB559-ASA1,10,2321 (2) Child in need of protection or services ground. The treatment of s. 48.13
22(15) first applies to a petition filed under s. 48.13 on the effective date of this
23subsection.
AB559-ASA1,11,224 (3) Warnings for grounds of an involuntary termination of parental rights.
25The treatment of s. 48.415 (11) first applies to a court order required to contain the

1notice under s. 48.356 (2) or 938.356 (2) granted on the effective date of this
2subsection.
AB559-ASA1,11,53 (4) Permanency plan reviews. The treatment of ss. 48.38 (5) (a) and (5m) (a)
4and 938.38 (5) (a) and (5m) (a) first applies to a permanency plan that is filed with
5the court under s. 48.38 (3) or 938.38 (3) on the effective date of this subsection.
AB559-ASA1,11,86 (5) Parental incarceration. The treatment of s. 48.415 (3m) and Section 22
7(1) of this act first apply to a petition for termination of parental rights filed on the
8effective date of this subsection.
Loading...
Loading...