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2019 - 2020 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO ASSEMBLY BILL 559
December 6, 2019 - Offered by Representative Dittrich.
AB559-ASA1,1,7 1An Act to repeal 48.422 (4); to amend 48.31 (2), 48.31 (4), 48.356 (2), 48.38 (5)
2(a), 48.38 (5m) (a), 48.415 (intro.), 48.415 (4) (a), 48.422 (1), 48.422 (5), 48.424
3(3), 48.424 (4) (intro.), 938.356 (2), 938.38 (5) (a) and 938.38 (5m) (a); and to
4create
48.02 (5e), 48.13 (15), 48.356 (1m), 48.415 (3m), 48.415 (11) and 938.356
5(1m) of the statutes; relating to: grounds for finding a child in need of
6protection or services or for terminating parental rights, right to a jury trial in
7a termination of parental rights proceeding, and permanency plan reviews.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB559-ASA1,1 8Section 1 . 48.02 (5e) of the statutes is created to read:
AB559-ASA1,1,99 48.02 (5e) “Drug-affected child” means any of the following:
AB559-ASA1,2,410 (a) A child who suffered prenatal exposure to a controlled substance or alcohol,
11used by the mother for a nonmedical purpose, as evidenced by withdrawal symptoms

1in the child at birth, a positive result from a toxicology test of the mother or child at
2the time of the child's birth, or developmental delays or other symptoms during the
3child's first year of life that have been diagnosed as a fetal alcohol spectrum disorder
4or as caused by prenatal exposure to a controlled substance.
AB559-ASA1,2,75 (b) A child whose basic needs, as described in s. 48.01 (1) (ag), and safety have
6been adversely affected by a parent's or guardian's chronic and severe use of alcohol
7or a controlled substance.
AB559-ASA1,2 8Section 2 . 48.13 (15) of the statutes is created to read:
AB559-ASA1,2,109 48.13 (15) (a) The child is a drug-affected child, as defined in s. 48.02 (5e) (a),
10and the petition is filed within 18 months of the child's birth.
AB559-ASA1,2,1111 (b) The child is a drug-affected child, as defined in s. 48.02 (5e) (b).
AB559-ASA1,3 12Section 3 . 48.31 (2) of the statutes is amended to read:
AB559-ASA1,3,1113 48.31 (2) The A hearing on a termination of parental rights petition shall be
14to the court. A hearing on a petition under s. 48.13 or 48.133 shall be to the court
15unless the child, the child's parent, guardian, or legal custodian, the unborn child's
16guardian ad litem, or the expectant mother of the unborn child exercises the right
17to a jury trial by demanding a jury trial at any time before or during the plea hearing.
18If a jury trial is demanded in a proceeding under s. 48.13 or 48.133, the jury shall
19consist of 6 persons. If a jury trial is demanded in a proceeding under s. 48.42, the
20jury shall consist of 12 persons unless the parties agree to a lesser number.
Chapters
21756 and 805 shall govern the selection of jurors. If the hearing involves a child victim
22or witness, as defined in s. 950.02, the court may order that a deposition be taken by
23audiovisual means and allow the use of a recorded deposition under s. 967.04 (7) to
24(10) and, with the district attorney, shall comply with s. 971.105. At the conclusion
25of the a hearing on a termination of parental rights petition, the court shall make a

1determination of the facts. At the conclusion of a hearing on a petition under s. 48.13
2or 48.133, the court
or jury shall make a determination of the facts, except that in a
3case alleging a child or an unborn child to be in need of protection or services under
4s. 48.13 or 48.133, the court shall make the determination under s. 48.13 (intro.) or
548.133 relating to whether the child or unborn child is in need of protection or
6services that can be ordered by the court. If the court finds that the child or unborn
7child is not within the jurisdiction of the court or, in a case alleging a child or an
8unborn child to be in need of protection or services under s. 48.13 or 48.133, that the
9child or unborn child is not in need of protection or services that can be ordered by
10the court, or if the court or jury finds that the facts alleged in the petition have not
11been proved, the court shall dismiss the petition with prejudice.
AB559-ASA1,4 12Section 4 . 48.31 (4) of the statutes is amended to read:
AB559-ASA1,4,913 48.31 (4) The court shall make findings of fact and conclusions of law relating
14to the allegations of a petition filed under s. 48.42. The court
or jury shall make
15findings of fact and the court shall make conclusions of law relating to the allegations
16of a petition filed under s. 48.13, or 48.133 or 48.42, except that the court shall make
17findings of fact relating to whether the child or unborn child is in need of protection
18or services which that can be ordered by the court. In cases alleging a child to be in
19need of protection or services under s. 48.13 (11), the court may not find that the child
20is suffering emotional damage unless a licensed physician specializing in psychiatry
21or a licensed psychologist appointed by the court to examine the child has testified
22at the hearing that in his or her opinion the condition exists, and adequate
23opportunity for the cross-examination of the physician or psychologist has been
24afforded. The judge may use the written reports if the right to have testimony
25presented is voluntarily, knowingly, and intelligently waived by the guardian ad

1litem or legal counsel for the child and the parent or guardian. In cases alleging a
2child to be in need of protection or services under s. 48.13 (11m) or an unborn child
3to be in need of protection or services under s. 48.133, the court may not find that the
4child or the expectant mother of the unborn child is in need of treatment and
5education for needs and problems related to the use or abuse of alcohol beverages,
6controlled substances, or controlled substance analogs and its medical, personal,
7family, or social effects unless an assessment for alcohol and other drug abuse that
8conforms to the criteria specified under s. 48.547 (4) has been conducted by an
9approved treatment facility.
AB559-ASA1,5 10Section 5 . 48.356 (1m) of the statutes is created to read:
AB559-ASA1,4,1711 48.356 (1m) Whenever the court orders a child or expectant mother of an
12unborn child to be placed outside his or her home or denies a parent visitation in an
13order under s. 48.21 (4) or 48.32, the court shall orally inform the parent or parents
14who appear in court or the expectant mother who appears in court of any grounds for
15termination of parental rights under s. 48.415 that may be applicable and, if any
16conditions are established for the parent or parents to be granted visitation with the
17child, the court shall orally inform the parent or parents of those conditions.
AB559-ASA1,6 18Section 6. 48.356 (2) of the statutes is amended to read:
AB559-ASA1,4,2219 48.356 (2) In addition to the notice required under sub. (1) or (1m), any written
20order which places a child or an expectant mother outside the home or denies
21visitation under sub. (1) or (1m) shall notify the parent or parents or expectant
22mother of the information specified under sub. (1) or (1m).
AB559-ASA1,7 23Section 7 . 48.38 (5) (a) of the statutes is amended to read:
AB559-ASA1,5,1124 48.38 (5) (a) Except as provided in s. 48.63 (5) (d), the court or a panel appointed
25under par. (ag) shall review the permanency plan for each child for whom a

1permanency plan is required under sub. (2) in the manner provided in this subsection
2not later than 6 months after the date on which the child was first removed from his
3or her home
of a hearing held under sub. (5m) and every 6 months after a previous
4review under this subsection for as long as the child is placed outside the home,
5except that for the review that is required to be conducted not later than 12 months
6after the child was first removed from his or her home and the
reviews that are
7required to be conducted every 12 months after that review the initial hearing under
8sub. (5m),
the court shall hold a hearing under sub. (5m) to review the permanency
9plan, which. The hearing may be instead of or in addition to the review under this
10subsection. The 6-month and 12-month periods referred to in this paragraph
11include trial reunifications under s. 48.358.
AB559-ASA1,8 12Section 8 . 48.38 (5m) (a) of the statutes is amended to read:
AB559-ASA1,5,1913 48.38 (5m) (a) The court shall hold a hearing to review the permanency plan
14and to make the determinations specified in sub. (5) (c) for each child for whom a
15permanency plan is required under sub. (2) no later than 12 6 months after the date
16on which the child was first removed from the home and every 12 months after a
17previous hearing under this subsection for as long as the child is placed outside the
18home. The 6-month and 12-month periods referred to in this paragraph include
19trial reunifications under s. 48.358.
AB559-ASA1,9 20Section 9 . 48.415 (intro.) of the statutes is amended to read:
AB559-ASA1,6,7 2148.415 Grounds for involuntary termination of parental rights. (intro.)
22At the fact-finding hearing the court or jury shall determine whether grounds exist
23for the termination of parental rights. If the child is an Indian child, the court or jury
24shall also determine at the fact-finding hearing whether continued custody of the
25Indian child by the Indian child's parent or Indian custodian is likely to result in

1serious emotional or physical damage to the Indian child under s. 48.028 (4) (e) 1. and
2whether active efforts under s. 48.028 (4) (e) 2. have been made to prevent the
3breakup of the Indian child's family and whether those efforts have proved
4unsuccessful, unless partial summary judgment on the grounds for termination of
5parental rights is granted, in which case the court shall make those determinations
6at the dispositional hearing. Grounds for termination of parental rights shall be one
7of the following:
AB559-ASA1,10 8Section 10 . 48.415 (3m) of the statutes is created to read:
AB559-ASA1,6,109 48.415 (3m) Parental incarceration. Parental incarceration, which shall be
10established by proving all of the following:
AB559-ASA1,6,1411 (a) That the child has been adjudged to be in need of protection or services and,
12while the parent is incarcerated, has been placed, or continued in a placement,
13outside his or her home pursuant to one or more court orders under s. 48.345, 48.357,
1448.363, or 48.365 containing the notice required under s. 48.356 (2).
AB559-ASA1,6,1615 (b) That the parent is incarcerated at the time of the fact-finding hearing under
16s. 48.424.
AB559-ASA1,6,2017 (c) That the parent is likely to continue to be incarcerated for a substantial
18period of the child's minority. In determining whether the parent is likely to continue
19to be incarcerated for a substantial period of the child's minority, the court may
20consider whether the parent has a history of repeated incarceration.
AB559-ASA1,11 21Section 11. 48.415 (4) (a) of the statutes is amended to read:
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.
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