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LRBs0178/2
EAW:ahe
2019 - 2020 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO ASSEMBLY BILL 566
December 6, 2019 - Offered by Representative Kulp.
AB566-ASA1,2,3 1An Act to amend 48.195 (2) (d) 6., 48.235 (4) (a) 3., 48.235 (4m) (a) 3., 48.29 (1),
248.29 (3), 48.30 (2), 48.31 (1), 48.31 (2), 48.31 (4), 48.368 (1), 48.38 (5) (c) 6. b.,
348.40 (1r), 48.415 (1) (a) 1., 48.415 (3) (a), 48.415 (5) (intro.), 48.415 (10) (a),
448.415 (10) (b), 48.417 (1) (intro.), 48.417 (1) (a), 48.417 (1) (b), 48.417 (1) (c),
548.417 (1) (d), 48.417 (2) (intro.), 48.417 (3), 48.417 (4), 48.42 (1) (intro.), 48.42
6(1g) (a) (intro.), 48.42 (1g) (b), 48.42 (1g) (c), 48.42 (1m) (a), 48.42 (1m) (b), 48.42
7(1m) (c), 48.42 (2) (intro.), 48.42 (2) (bm) (intro.), 48.42 (2g) (a), 48.42 (2g) (ag),
848.42 (2m), 48.42 (4) (title), 48.42 (4) (a), 48.42 (4) (b) 3., 48.42 (4) (b) 4. (intro.),
948.422 (title), 48.422 (1), 48.422 (2), 48.422 (3), 48.422 (4), 48.422 (6) (b), 48.422
10(7) (intro.), 48.422 (7) (a), 48.422 (7) (bm), 48.422 (7) (br), 48.422 (8), 48.422 (9)
11(a), 48.423 (2) (intro.), 48.424 (1) (intro.), 48.424 (4) (intro.), 48.424 (4) (b),
1248.425 (1) (am) 2., 48.425 (1) (cm), 48.425 (1m), 48.425 (3), 48.427 (2), 48.43 (1)
13(intro.), 48.46 (2), 48.46 (3), 48.83 (1), 48.835 (3) (title), 48.835 (3) (a), 48.837 (3),

148.837 (4) (e), 48.837 (5), 48.837 (6) (a), 48.837 (6) (b), 48.837 (6) (br), 48.837 (6)
2(d), 938.23 (3) and 938.23 (4); and to create 48.23 (2) (bm), 48.29 (1d) and 48.42
3(1d) of the statutes; relating to: a motion to terminate parental rights.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB566-ASA1,1 4Section 1. 48.195 (2) (d) 6. of the statutes is amended to read:
AB566-ASA1,2,105 48.195 (2) (d) 6. A court conducting proceedings under s. 48.21, proceedings
6relating to a petition under s. 48.13 (2m) or 48.42 (1) or a motion under s. 48.42 (1d),
7or dispositional proceedings under subch. VI or VIII relating to the child, the county
8corporation counsel, district attorney, or agency legal counsel representing the
9interests of the public in those proceedings, or the guardian ad litem representing
10the interests of the child in those proceedings.
AB566-ASA1,2 11Section 2 . 48.23 (2) (bm) of the statutes is created to read:
AB566-ASA1,2,1612 48.23 (2) (bm) If a motion to terminate parental rights is filed under s. 48.42
13(1d) in a proceeding involving a child or juvenile alleged to be in need of protection
14or services under s. 48.13 or 938.13, any parent who appears before the court shall
15be represented by counsel as provided under par. (b), beginning with the filing of the
16motion under s. 48.42 (1d).
AB566-ASA1,3 17Section 3. 48.235 (4) (a) 3. of the statutes is amended to read:
AB566-ASA1,2,1918 48.235 (4) (a) 3. Petition or file a motion for termination of parental rights or
19any other matter specified under s. 48.14.
AB566-ASA1,4 20Section 4. 48.235 (4m) (a) 3. of the statutes is amended to read:
AB566-ASA1,2,2221 48.235 (4m) (a) 3. Petition or file a motion for termination of parental rights
22or any other matter specified under s. 48.14 after the child is born.
AB566-ASA1,5 23Section 5 . 48.29 (1) of the statutes is amended to read:
AB566-ASA1,3,10
148.29 (1) The Except as provided under sub. (1d), the child, the child's parent,
2guardian or legal custodian, the expectant mother, or the unborn child's guardian ad
3litem, either before or during the plea hearing, may file a written request with the
4clerk of the court or other person acting as the clerk for a substitution of the judge
5assigned to the proceeding. Upon filing the written request, the filing party shall
6immediately mail or deliver a copy of the request to the judge named in the request.
7When any person has the right to request a substitution of judge, that person's
8counsel or guardian ad litem may file the request. Not more than one such written
9request may be filed in any one proceeding, nor may any single request name more
10than one judge. This section does not apply to proceedings under s. 48.21 or 48.213.
AB566-ASA1,6 11Section 6 . 48.29 (1d) of the statutes is created to read:
AB566-ASA1,3,1512 48.29 (1d) The child, the child's parent, guardian or legal custodian, the
13expectant mother, or the unborn child's guardian ad litem may request substitution
14of the judge under sub. (1) after the plea hearing in a proceeding if all of the following
15apply:
AB566-ASA1,3,1716 (a) A motion to terminate parental rights is filed under s. 48.42 (1d) in the
17proceeding.
AB566-ASA1,3,1918 (b) There has not been a prior request for substitution under sub. (1) in the
19proceeding.
AB566-ASA1,3,2120 (c) The request is filed before or during the hearing on the motion to terminate
21parental rights under s. 48.422 (1).
AB566-ASA1,7 22Section 7 . 48.29 (3) of the statutes is amended to read:
AB566-ASA1,4,223 48.29 (3) Subsections (1) and to (1m) do not apply in any proceeding under s.
2448.375 (7). For proceedings under s. 48.375 (7), the minor may select the judge whom

1she wishes to be assigned to the proceeding and that judge shall be assigned to the
2proceeding.
AB566-ASA1,8 3Section 8 . 48.30 (2) of the statutes is amended to read:
AB566-ASA1,4,134 48.30 (2) At the commencement of the hearing under this section the child and
5the parent, guardian, legal custodian, or Indian custodian; the child expectant
6mother, her parent, guardian, legal custodian, or Indian custodian, and the unborn
7child's guardian ad litem; or the adult expectant mother and the unborn child's
8guardian ad litem; shall be advised of the rights specified in s. 48.243 and shall be
9informed that a request for a jury trial or for a substitution of judge under s. 48.29
10must be made before the end of the plea hearing or is waived, except as provided in
11s. 48.29 (1d)
. Nonpetitioning parties, including the child, shall be granted a
12continuance of the plea hearing if they wish to consult with an attorney on the
13request for a jury trial or substitution of a judge.
AB566-ASA1,9 14Section 9. 48.31 (1) of the statutes is amended to read:
AB566-ASA1,4,2415 48.31 (1) In this section, “fact-finding hearing" means a hearing to determine
16if the allegations in a petition under s. 48.13 or 48.133 or a petition or motion to
17terminate parental rights are proved by clear and convincing evidence. In the case
18of a petition or motion to terminate parental rights to an Indian child, “fact-finding
19hearing" means a hearing to determine if the allegations in the petition, other than
20the allegations under s. 48.42 (1) (e) relating to serious emotional or physical
21damage, are proved by clear and convincing evidence and if the allegations under s.
2248.42 (1) (e) relating to serious emotional or physical damage are proved beyond a
23reasonable doubt as provided in s. 48.028 (4) (e) 1., unless partial summary judgment
24on the grounds for termination of parental rights is granted.
AB566-ASA1,10 25Section 10. 48.31 (2) of the statutes is amended to read:
AB566-ASA1,5,23
148.31 (2) The hearing shall be to the court unless the child, the child's parent,
2guardian, or legal custodian, the unborn child's guardian ad litem, or the expectant
3mother of the unborn child exercises the right to a jury trial by demanding a jury trial
4at any time before or during the plea hearing. If a jury trial is demanded in a
5proceeding under s. 48.13 or 48.133, the jury shall consist of 6 persons , unless a
6motion is filed under s. 48.42 (1d)
. If a jury trial is demanded in a proceeding under
7s. 48.42, including on a motion filed under s. 48.42 (1d), the jury shall consist of 12
8persons unless the parties agree to a lesser number. Chapters 756 and 805 shall
9govern the selection of jurors. If the hearing involves a child victim or witness, as
10defined in s. 950.02, the court may order that a deposition be taken by audiovisual
11means and allow the use of a recorded deposition under s. 967.04 (7) to (10) and, with
12the district attorney, shall comply with s. 971.105. At the conclusion of the hearing,
13the court or jury shall make a determination of the facts, except that in a case alleging
14a child or an unborn child to be in need of protection or services under s. 48.13 or
1548.133, the court shall make the determination under s. 48.13 (intro.) or 48.133
16relating to whether the child or unborn child is in need of protection or services that
17can be ordered by the court. If the court finds that the child or unborn child is not
18within the jurisdiction of the court or, in a case alleging a child or an unborn child
19to be in need of protection or services under s. 48.13 or 48.133, that the child or
20unborn child is not in need of protection or services that can be ordered by the court,
21or if the court or jury finds that the facts alleged in the petition , or in a motion to
22terminate parental rights under s. 48.42 (1d),
have not been proved, the court shall
23dismiss the petition or motion with prejudice.
AB566-ASA1,11 24Section 11. 48.31 (4) of the statutes is amended to read:
AB566-ASA1,6,21
148.31 (4) The court or jury shall make findings of fact and the court shall make
2conclusions of law relating to the allegations of a petition filed under s. 48.13, 48.133
3or 48.42 (1) or a motion to terminate parental rights under s. 48.42 (1d), except that
4the court shall make findings of fact relating to whether the child or unborn child is
5in need of protection or services which can be ordered by the court. In cases alleging
6a child to be in need of protection or services under s. 48.13 (11), the court may not
7find that the child is suffering emotional damage unless a licensed physician
8specializing in psychiatry or a licensed psychologist appointed by the court to
9examine the child has testified at the hearing that in his or her opinion the condition
10exists, and adequate opportunity for the cross-examination of the physician or
11psychologist has been afforded. The judge may use the written reports if the right
12to have testimony presented is voluntarily, knowingly and intelligently waived by
13the guardian ad litem or legal counsel for the child and the parent or guardian. In
14cases alleging a child to be in need of protection or services under s. 48.13 (11m) or
15an unborn child to be in need of protection or services under s. 48.133, the court may
16not find that the child or the expectant mother of the unborn child is in need of
17treatment and education for needs and problems related to the use or abuse of alcohol
18beverages, controlled substances or controlled substance analogs and its medical,
19personal, family or social effects unless an assessment for alcohol and other drug
20abuse that conforms to the criteria specified under s. 48.547 (4) has been conducted
21by an approved treatment facility.
AB566-ASA1,12 22Section 12. 48.368 (1) of the statutes is amended to read:
AB566-ASA1,7,623 48.368 (1) If a petition or motion for termination of parental rights is filed
24under s. 48.41 or 48.415 48.42 or an appeal from a judgment terminating or denying
25termination of parental rights is filed during the year in which a dispositional order

1under s. 48.355, an extension order under s. 48.365, a voluntary agreement for
2placement of the child under s. 48.63, or a guardianship order under ch. 880, 2003
3stats., or s. 48.977 or ch. 54 is in effect, the dispositional or extension order, voluntary
4agreement, or guardianship order shall remain in effect until all proceedings related
5to the filing of the petition or motion for termination of parental rights or an appeal
6are concluded.
AB566-ASA1,13 7Section 13. 48.38 (5) (c) 6. b. of the statutes is amended to read:
AB566-ASA1,7,98 48.38 (5) (c) 6. b. Having a petition or motion for the involuntary termination
9of parental rights filed on behalf of the child.
AB566-ASA1,14 10Section 14. 48.40 (1r) of the statutes is amended to read:
AB566-ASA1,7,1811 48.40 (1r) “Parent" has the meaning given in s. 48.02 (13), except that for
12purposes of filing a petition or motion seeking the involuntary termination of
13parental rights under s. 48.415 to a nonmarital child who is not adopted or whose
14parents do not subsequently intermarry under s. 767.803 and whose paternity has
15not been established, of finding grounds under s. 48.415 for the involuntary
16termination of parental rights to such a child, and of terminating the parental rights
17to such a child on a ground specified in s. 48.415, “parent" includes a person who may
18be the parent of such a child.
AB566-ASA1,15 19Section 15. 48.415 (1) (a) 1. of the statutes is amended to read:
AB566-ASA1,7,2320 48.415 (1) (a) 1. That the child has been left without provision for the child's
21care or support, the petitioner or movant has investigated the circumstances
22surrounding the matter and for 60 days the petitioner or movant has been unable to
23find either parent.
AB566-ASA1,16 24Section 16. 48.415 (3) (a) of the statutes is amended to read:
AB566-ASA1,8,7
148.415 (3) (a) The parent is presently, and for a cumulative total period of at
2least 2 years within the 5 years immediately prior to the filing of the petition or
3motion to terminate parental rights
has been, an inpatient at one or more hospitals
4as defined in s. 50.33 (2) (a), (b) or (c), licensed treatment facilities as defined in s.
551.01 (2) or state treatment facilities as defined in s. 51.01 (15) on account of mental
6illness as defined in s. 51.01 (13) (a) or (b), developmental disability as defined in s.
755.01 (2), or other like incapacities, as defined in s. 55.01 (5);
AB566-ASA1,17 8Section 17. 48.415 (5) (intro.) of the statutes is amended to read:
AB566-ASA1,8,139 48.415 (5) Child abuse. (intro.) Child abuse, which shall be established by
10proving that the parent has exhibited a pattern of physically or sexually abusive
11behavior which is a substantial threat to the health of the child who is the subject
12of the petition or motion to terminate parental rights and proving either of the
13following:
AB566-ASA1,18 14Section 18. 48.415 (10) (a) of the statutes is amended to read:
AB566-ASA1,8,1915 48.415 (10) (a) That the child who is the subject of the petition or motion to
16terminate parental rights
has been adjudged to be in need of protection or services
17under s. 48.13 (2), (3) or (10); or that the child who is the subject of the petition or
18motion
was born after the filing of a petition or motion under this subsection whose
19subject is a sibling of the child.
AB566-ASA1,19 20Section 19. 48.415 (10) (b) of the statutes is amended to read:
AB566-ASA1,9,221 48.415 (10) (b) That, within 3 years prior to the date the court adjudged the
22child to be in need of protection or services as specified in par. (a) or, in the case of
23a child born after the filing of a petition or motion to terminate parental rights as
24specified in par. (a), within 3 years prior to the date of birth of the child, a court has
25ordered the termination of parental rights with respect to another child of the person

1whose parental rights are sought to be terminated on one or more of the grounds
2specified in this section.
AB566-ASA1,20 3Section 20 . 48.417 (1) (intro.) of the statutes is amended to read:
AB566-ASA1,9,114 48.417 (1) Filing or joining in petition or motion; when required. (intro.)
5Subject to sub. (2), an agency or the district attorney, corporation counsel, or other
6appropriate official designated under s. 48.09 shall file a petition under s. 48.42 (1)
7or a motion under s. 48.42 (1d) to terminate the parental rights of a parent or the
8parents of a child, or, if a petition under s. 48.42 (1) or motion under s. 48.42 (1d) to
9terminate those parental rights has already been filed, the agency, district attorney,
10corporation counsel or other appropriate official shall join in the petition or motion,
11if any of the following circumstances apply:
AB566-ASA1,21 12Section 21. 48.417 (1) (a) of the statutes is amended to read:
AB566-ASA1,9,2013 48.417 (1) (a) The child has been placed outside of his or her home, as described
14in s. 48.365 (1) or 938.365 (1), in a foster home, group home, nonsecured residential
15care center for children and youth, or shelter care facility for 15 of the most recent
1622 months, not including any period during which the child was a runaway from the
17out-of-home placement or was residing in a trial reunification home. If the
18circumstances specified in this paragraph apply, the petition or motion to terminate
19parental rights
shall be filed or joined in by the last day of the 15th month, as
20described in this paragraph, for which the child was placed outside of his or her home.
AB566-ASA1,22 21Section 22. 48.417 (1) (b) of the statutes is amended to read:
AB566-ASA1,9,2522 48.417 (1) (b) A court of competent jurisdiction has found under s. 48.13 (2) or
23under a law of any other state or a federal law that is comparable to s. 48.13 (2) that
24the child was abandoned when he or she was under one year of age or has found that
25the parent abandoned the child when the child was under one year of age in violation

1of s. 948.20 or in violation of the law of any other state or federal law, if that violation
2would be a violation of s. 948.20 if committed in this state. If the circumstances
3specified in this paragraph apply, the petition or motion to terminate parental rights
4shall be filed or joined in within 60 days after the date on which the court of
5competent jurisdiction found that the child was abandoned as described in this
6paragraph.
AB566-ASA1,23 7Section 23. 48.417 (1) (c) of the statutes is amended to read:
AB566-ASA1,10,188 48.417 (1) (c) A court of competent jurisdiction has found that the parent has
9committed, has aided or abetted the commission of, or has solicited, conspired, or
10attempted to commit, a violation of s. 940.01, 940.02, 940.03, or 940.05 or a violation
11of the law of any other state or federal law, if that violation would be a violation of
12s. 940.01, 940.02, 940.03, or 940.05 if committed in this state, and that the victim of
13that violation is a child of the parent. If the circumstances specified in this paragraph
14apply, the petition or motion to terminate parental rights shall be filed or joined in
15within 60 days after the date on which the court assigned to exercise jurisdiction
16under this chapter determines, based on a finding that a circumstance specified in
17this paragraph applies, that reasonable efforts to make it possible for the child to
18return safely to his or her home are not required.
AB566-ASA1,24 19Section 24. 48.417 (1) (d) of the statutes is amended to read:
AB566-ASA1,11,820 48.417 (1) (d) A court of competent jurisdiction has found that the parent has
21committed a violation of s. 940.19 (3), 1999 stats., a violation of s. 940.19 (2), (4), or
22(5), 940.225 (1) or (2), 948.02 (1) or (2), 948.025, 948.03 (2) (a), (3) (a), or (5) (a) 1., 2.,
23or 3., 948.051, or 948.085, a violation of s. 940.302 (2) if s. 940.302 (2) (a) 1. b. applies,
24or a violation of the law of any other state or federal law, if that violation would be
25a violation listed under this paragraph if committed in this state, and that the

1violation resulted in great bodily harm, as defined in s. 939.22 (14), or in substantial
2bodily harm, as defined in s. 939.22 (38), to the child or another child of the parent.
3If the circumstances specified in this paragraph apply, the petition or motion to
4terminate parental rights
shall be filed or joined in within 60 days after the date on
5which the court assigned to exercise jurisdiction under this chapter determines,
6based on a finding that a circumstance specified in this paragraph applies, that
7reasonable efforts to make it possible for the child to return safely to his or her home
8are not required.
AB566-ASA1,25 9Section 25 . 48.417 (2) (intro.) of the statutes is amended to read:
AB566-ASA1,11,1810 48.417 (2) Filing or joining in petition or motion; when not required. (intro.)
11Notwithstanding that any of the circumstances specified in sub. (1) (a), (b), (c) or (d)
12may apply, an agency or the district attorney, corporation counsel or other
13appropriate official designated under s. 48.09 need not file a petition under s. 48.42
14(1) or motion under s. 48.42 (1d) to terminate the parental rights of a parent or the
15parents of a child, or, if a petition under s. 48.42 (1) or motion to terminate those
16parental rights has already been filed, the agency, district attorney, corporation
17counsel or other appropriate official need not join in the petition, if any of the
18following circumstances apply:
AB566-ASA1,26 19Section 26. 48.417 (3) of the statutes is amended to read:
AB566-ASA1,12,220 48.417 (3) Concurrent adoption efforts required. If a petition or motion to
21terminate parental rights
is filed or joined in as required under sub. (1), the agency
22primarily responsible for providing services to the child under a court order shall,
23during the pendency of the proceeding on the petition or motion, work with the
24agency identified in the report under s. 48.425 (1) (f) that would be responsible for

1accomplishing the adoption of the child in processing and approving a qualified
2family for the adoption of the child.
AB566-ASA1,27 3Section 27. 48.417 (4) of the statutes is amended to read:
AB566-ASA1,12,64 48.417 (4) Notice to department. If a petition or motion to terminate parental
5rights
is filed or joined in as required under sub. (1), the person who filed or joined
6in the petition or motion shall notify the department of that filing or joinder.
AB566-ASA1,28 7Section 28 . 48.42 (1) (intro.) of the statutes is amended to read:
AB566-ASA1,12,128 48.42 (1) Petition. (intro.) A Except as provided under sub. (1d), a proceeding
9for the termination of parental rights shall be initiated by petition which may be filed
10by the child's parent, an agency or a person authorized to file a petition under s. 48.25
11or 48.835. The petition shall be entitled “In the interest of .......... (child's name), a
12person under the age of 18" and shall set forth with specificity:
AB566-ASA1,29 13Section 29 . 48.42 (1d) of the statutes is created to read:
AB566-ASA1,12,2114 48.42 (1d) Motion to terminate parental rights if child or juvenile alleged
15to be in need of protection or services.
If there is an open proceeding under s. 48.13
16or 938.13 for the child, the termination of parental rights may be initiated by filing
17a motion in that open proceeding. A motion under this subsection may be filed by the
18child's parent, an agency, or a person authorized to file a petition under s. 48.25 or
1948.835, who is a party to the open proceeding, and shall set forth with specificity the
20information required in sub. (1) (c) and (e). A motion filed under this subsection is
21subject to the procedures of this subchapter.
AB566-ASA1,30 22Section 30. 48.42 (1g) (a) (intro.) of the statutes is amended to read:
AB566-ASA1,13,823 48.42 (1g) (a) (intro.) Except as provided in par. (c), if the petition or motion to
24terminate parental rights
is filed by a person or agency other than the district
25attorney, corporation counsel, or other appropriate official under s. 48.09; if the

1petition or motion seeks to terminate the parental rights of a person who may be the
2father of a nonmarital child who is under one year of age at the time the petition or
3motion
is filed, who is not adopted or whose parents do not subsequently intermarry
4under s. 767.803, and whose paternity has not been established; and if the mother
5of the child has voluntarily consented to or seeks to voluntarily consent to the
6termination of her parental rights to the child, the petitioner or movant may file with
7the petition or motion an affidavit signed by the mother that includes all of the
8following:
AB566-ASA1,31 9Section 31. 48.42 (1g) (b) of the statutes is amended to read:
AB566-ASA1,13,1810 48.42 (1g) (b) The petitioner or movant shall notify any man identified in the
11affidavit under par. (a) as an alleged father of his right to file a declaration of paternal
12interest under s. 48.025 before the birth of the child, within 14 days after the birth
13of the child, or within 21 days after the date on which the notice is mailed, whichever
14is later; of the birth date or anticipated birth date of the child; and of the
15consequences of filing or not filing a declaration of paternal interest. The petitioner
16or movant shall include with the notice a copy of the form required to file a
17declaration of paternal interest under s. 48.025. The notice shall be sent by certified
18mail to the last-known address of the alleged father.
AB566-ASA1,32 19Section 32. 48.42 (1g) (c) of the statutes is amended to read:
AB566-ASA1,13,2120 48.42 (1g) (c) If an affidavit under par. (a) is not filed with the petition or
21motion
, notice shall be given to an alleged father under sub. (2).
AB566-ASA1,33 22Section 33 . 48.42 (1m) (a) of the statutes is amended to read:
AB566-ASA1,14,623 48.42 (1m) (a) If the petition filed under sub. (1) or motion filed under sub. (1d)
24includes a statement of the grounds for involuntary termination of parental rights
25under sub. (1) (c) 2., the petitioner or movant may, at the time the petition under sub.

1(1) or motion under sub. (1d) is filed, also petition the court for a temporary order and
2an injunction prohibiting the person whose parental rights are sought to be
3terminated from visiting or contacting the child who is the subject of the petition
4under sub. (1) or motion. Any petition under this paragraph shall allege facts
5sufficient to show that prohibiting visitation or contact would be in the best interests
6of the child.
AB566-ASA1,34 7Section 34. 48.42 (1m) (b) of the statutes is amended to read:
AB566-ASA1,14,138 48.42 (1m) (b) Subject to par. (e), the court may issue the temporary order ex
9parte or may refuse to issue the temporary order and hold a hearing on whether to
10issue an injunction. The temporary order is in effect until a hearing is held on the
11issuance of an injunction. The court shall hold a hearing on the issuance of an
12injunction on or before the date of the hearing on the petition or motion to terminate
13parental rights under s. 48.422 (1).
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