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AB566-ASA1,19,1714 48.422 (4) Any party who is necessary to the proceeding or whose rights may
15be affected by an order terminating parental rights shall be granted a jury trial upon
16request if the request is made before the end of the initial hearing on the petition or
17motion to terminate parental rights
.
AB566-ASA1,50 18Section 50. 48.422 (6) (b) of the statutes is amended to read:
AB566-ASA1,20,319 48.422 (6) (b) If the court determines that an unknown person may be the
20father of the child and notice to that person has not been waived under s. 48.42 (4)
21(b) 3., the court shall determine whether constructive notice will substantially
22increase the likelihood of notice to that person. If the court does determine that it
23would substantially increase the likelihood of notice and the petitioner or movant
24has not already caused the notice to be published or the court determines that the
25publication used was not sufficient, the court shall adjourn the hearing for a period

1not to exceed 30 days and shall order constructive notice under s. 48.42 (4) (b). If the
2court determines that constructive notice will not substantially increase the
3likelihood of notice to that person, the court shall order that the hearing proceed.
AB566-ASA1,51 4Section 51. 48.422 (7) (intro.) of the statutes is amended to read:
AB566-ASA1,20,65 48.422 (7) (intro.) Before accepting an admission of the alleged facts in a
6petition or motion to terminate parental rights, the court shall:
AB566-ASA1,52 7Section 52. 48.422 (7) (a) of the statutes is amended to read:
AB566-ASA1,20,108 48.422 (7) (a) Address the parties present and determine that the admission
9is made voluntarily with understanding of the nature of the acts alleged in the
10petition or motion to terminate parental rights and the potential dispositions.
AB566-ASA1,53 11Section 53. 48.422 (7) (bm) of the statutes is amended to read:
AB566-ASA1,21,412 48.422 (7) (bm) Establish whether a proposed adoptive parent of the child has
13been identified. If a proposed adoptive parent of the child has been identified and
14the proposed adoptive parent is not a relative of the child, the court shall order the
15petitioner or movant to submit a report to the court containing the information
16specified in s. 48.913 (7). The court shall review the report to determine whether any
17payments or agreement to make payments set forth in the report are coercive to the
18birth parent of the child or to an alleged to presumed father of the child or are
19impermissible under s. 48.913 (4). Making any payment to or on behalf of the birth
20parent of the child, an alleged or presumed father of the child or the child conditional
21in any part upon transfer or surrender of the child or the termination of parental
22rights or the finalization of the adoption creates a rebuttable presumption of
23coercion. Upon a finding of coercion, the court shall dismiss the petition or motion
24to terminate parental rights
or amend the agreement to delete any coercive
25conditions, if the parties agree to the amendment. Upon a finding that payments

1which are impermissible under s. 48.913 (4) have been made, the court may dismiss
2the petition and may refer the matter to the district attorney for prosecution under
3s. 948.24 (1). This paragraph does not apply if the petition or motion was filed with
4a petition for adoptive placement under s. 48.837 (2).
AB566-ASA1,54 5Section 54. 48.422 (7) (br) of the statutes is amended to read:
AB566-ASA1,21,96 48.422 (7) (br) Establish whether any person has coerced a birth parent or any
7alleged or presumed father of the child in violation of s. 48.63 (3) (b) 5. Upon a finding
8of coercion, the court shall dismiss the petition or motion to terminate parental
9rights
.
AB566-ASA1,55 10Section 55. 48.422 (8) of the statutes is amended to read:
AB566-ASA1,21,1511 48.422 (8) If the petition or motion for termination of parental rights is filed
12by an agency enumerated in s. 48.069 (1) or (2), the court shall order the agency to
13file a report with the court as provided in s. 48.425 (1), except that, if the child is an
14Indian child, the court may order the agency or request the tribal child welfare
15department of the Indian child's tribe to file that report.
AB566-ASA1,56 16Section 56. 48.422 (9) (a) of the statutes is amended to read:
AB566-ASA1,21,2117 48.422 (9) (a) If a petition or motion for termination of the rights of a birth
18parent, as defined under s. 48.432 (1) (am), is filed by a person other than an agency
19enumerated under s. 48.069 (1) or (2) or if the court waives the report required under
20s. 48.425, the court shall order any parent whose rights may be terminated to file
21with the court the information specified under s. 48.425 (1) (am).
AB566-ASA1,57 22Section 57. 48.423 (2) (intro.) of the statutes is amended to read:
AB566-ASA1,22,423 48.423 (2) Rights of out-of-state fathers. (intro.) A person who may be the
24father of a nonmarital child who is not adopted or whose parents do not subsequently
25intermarry under s. 767.803 and whose paternity has not been established may

1contest the petition or motion to terminate parental rights, present evidence relevant
2to the issue of disposition, and make alternative dispositional recommendations if
3the person appears at the hearing, establishes paternity under sub. (1), and proves
4all of the following by a preponderance of the evidence:
AB566-ASA1,58 5Section 58. 48.424 (1) (intro.) of the statutes is amended to read:
AB566-ASA1,22,86 48.424 (1) (intro.) The purpose of the fact-finding hearing is to determine in
7cases in which the petition or motion was contested at the hearing on the petition or
8motion to terminate parental rights
under s. 48.422 all of the following:
AB566-ASA1,59 9Section 59. 48.424 (4) (intro.) of the statutes is amended to read:
AB566-ASA1,22,1710 48.424 (4) (intro.) If grounds for the termination of parental rights are found
11by the court or jury, the court shall find the parent unfit. A finding of unfitness shall
12not preclude a dismissal of a petition or motion to terminate parental rights under
13s. 48.427 (2). Except as provided in s. 48.23 (2) (b) 3., the court shall then proceed
14immediately to hear evidence and motions related to the dispositions enumerated in
15s. 48.427. Except as provided in s. 48.42 (2g) (ag), the court may delay making the
16disposition and set a date for a dispositional hearing no later than 45 days after the
17fact-finding hearing if any of the following apply:
AB566-ASA1,60 18Section 60. 48.424 (4) (b) of the statutes is amended to read:
AB566-ASA1,22,2419 48.424 (4) (b) The court has not yet received a report to the court on the history
20of the child as provided in s. 48.425 and the court now orders an agency enumerated
21in s. 48.069 (1) or (2) to file that report with the court, or, in the case of an Indian child,
22now orders that agency or requests the tribal child welfare department of the Indian
23child's tribe to file such a report, before the court makes the disposition on the
24petition or motion to terminate parental rights.
AB566-ASA1,61 25Section 61. 48.425 (1) (am) 2. of the statutes is amended to read:
AB566-ASA1,23,3
148.425 (1) (am) 2. A report of any medical examination which either birth
2parent had within one year before the date of the petition or motion to terminate
3parental rights
.
AB566-ASA1,62 4Section 62. 48.425 (1) (cm) of the statutes is amended to read:
AB566-ASA1,23,125 48.425 (1) (cm) If the petition or motion is seeking the involuntary termination
6of parental rights to an Indian child, specific information showing that continued
7custody of the child by the parent or Indian custodian is likely to result in serious
8emotional or physical damage to the child under s. 48.028 (4) (e) 1. and, if the Indian
9child has previously been adjudged to be in need of protection or services, specific
10information showing that active efforts under s. 48.028 (4) (e) 2. have been made to
11prevent the breakup of the Indian child's family and that those efforts have proved
12unsuccessful.
AB566-ASA1,63 13Section 63. 48.425 (1m) of the statutes is amended to read:
AB566-ASA1,23,1614 48.425 (1m) The agency required under sub. (1) to file the report shall prepare
15the medical record within 60 days after the date of the petition or motion for the
16termination of parental rights.
AB566-ASA1,64 17Section 64. 48.425 (3) of the statutes is amended to read:
AB566-ASA1,23,2018 48.425 (3) The court may order a report as specified under this section to be
19prepared by an agency in those cases where the petition or motion to terminate
20parental rights
is filed by someone other than an agency.
AB566-ASA1,65 21Section 65. 48.427 (2) of the statutes is amended to read:
AB566-ASA1,23,2422 48.427 (2) The court may dismiss the petition or motion to terminate parental
23rights
if it finds that the evidence does not warrant the termination of parental
24rights.
AB566-ASA1,66 25Section 66. 48.43 (1) (intro.) of the statutes is amended to read:
AB566-ASA1,24,6
148.43 (1) (intro.) The court shall enter a judgment setting forth its findings and
2disposition in accordance with s. 48.426 in an order implementing the disposition
3chosen. If the court dismisses the petition or motion to terminate parental rights
4under s. 48.427 (2), the order shall contain the reasons for dismissal. If the
5disposition is for the termination of parental rights under s. 48.427 (3), the order
6shall contain all of the following:
AB566-ASA1,67 7Section 67. 48.46 (2) of the statutes is amended to read:
AB566-ASA1,24,238 48.46 (2) A parent who has consented to the termination of his or her parental
9rights under s. 48.41 or who did not contest the petition or motion initiating the
10proceeding in which his or her parental rights were terminated termination of
11parental rights proceeding
may move the court for relief from the judgment on any
12of the grounds specified in s. 806.07 (1) (a), (b), (c), (d) or (f). Any such motion for relief
13shall be filed within 30 days after the entry of the judgment or order terminating
14parental rights, unless the parent files a timely notice of intent to pursue relief from
15the judgment under s. 808.04 (7m), in which case the motion for relief shall be filed
16within the time permitted by s. 809.107 (5). A motion for relief under this subsection
17does not affect the finality or suspend the operation of the judgment or order
18terminating parental rights. A parent who has consented to the termination of his
19or her parental rights to an Indian child under s. 48.41 (2) (e) may also move for relief
20from the judgment under s. 48.028 (5) (c) or (6). Motions A motion for relief under
21this subsection or s. 48.028 (5) (c) or (6) and appeals to the court of appeals shall be
22the exclusive remedies for such a parent to obtain a new hearing in a termination of
23parental rights proceeding.
AB566-ASA1,68 24Section 68. 48.46 (3) of the statutes is amended to read:
AB566-ASA1,25,6
148.46 (3) An adoptive parent who has been granted adoption of a child under
2s. 48.91 (3) may not petition the court for a rehearing under sub. (1) or move the court
3under s. 806.07 for relief from the order granting adoption. A petition or motion for
4termination of parental rights under s. 48.42 and an appeal to the court of appeals
5shall be the exclusive remedies for an adoptive parent who wishes to end his or her
6parental relationship with his or her adopted child.
AB566-ASA1,69 7Section 69. 48.83 (1) of the statutes is amended to read:
AB566-ASA1,25,188 48.83 (1) Except as provided in s. 48.028 (3) (b), the court of the county where
9the proposed adoptive parent or child resides or the court of the county where a
10petition or motion for termination of parental rights to the child was filed or granted
11under subch. VIII, upon the filing with that court of a petition for adoption or for the
12adoptive placement of a child, has jurisdiction over the child until the petition for
13adoption
is withdrawn, denied, or granted. Venue in a proceeding for adoption or
14adoptive placement of a child shall be in the county where the proposed adoptive
15parent or child resides at the time the petition for adoption is filed or in the county
16where a petition or motion for termination of parental rights to the child was filed
17or granted under subch. VIII. The court may transfer the case to a court in the county
18in which the proposed adoptive parents reside.
AB566-ASA1,70 19Section 70 . 48.835 (3) (title) of the statutes is amended to read:
AB566-ASA1,25,2120 48.835 (3) (title) Petition or motion for termination of parental rights
21required; exception.
AB566-ASA1,71 22Section 71. 48.835 (3) (a) of the statutes is amended to read:
AB566-ASA1,26,223 48.835 (3) (a) If the child's parent has not filed a petition or motion for the
24termination of parental rights under s. 48.42, the relative with whom the child is

1placed shall file a petition for the termination of the parents' rights at the same time
2the petition for adoption is filed, except as provided under par. (b).
AB566-ASA1,72 3Section 72. 48.837 (3) of the statutes is amended to read:
AB566-ASA1,26,74 48.837 (3) Petition or motion for termination of parental rights required.
5The petition under sub. (2) shall be filed with a petition or motion under s. 48.42 for
6the voluntary consent to the termination of any existing rights of the petitioning
7parent or parents.
AB566-ASA1,73 8Section 73. 48.837 (4) (e) of the statutes is amended to read:
AB566-ASA1,26,199 48.837 (4) (e) Shall, before hearing the petitions petition under subs. sub. (2)
10and petition or motion under sub. (3), ascertain whether the paternity of a
11nonmarital child who is not adopted or whose parents do not subsequently
12intermarry under s. 767.803 has been acknowledged under s. 767.805 or a
13substantially similar law of another state or adjudicated in this state or another
14jurisdiction. If the child's paternity has not been acknowledged or adjudicated, the
15court shall attempt to ascertain the paternity of the child and shall determine the
16rights of any person who may be the father of the child as provided under s. 48.423.
17The court may not proceed with the hearing on the petitions or motion under this
18section unless the parental rights of the nonpetitioning parent, whether known or
19unknown, have been terminated.
AB566-ASA1,74 20Section 74. 48.837 (5) of the statutes is amended to read:
AB566-ASA1,27,321 48.837 (5) Attendance at hearing. The child, if he or she is 12 years of age or
22over, and each petitioner shall attend the hearing on the petition under sub. (2). The
23child, if he or she is 12 years of age or over, and each parent having custody of the child
24shall attend the hearing on the petition or motion under sub. (3). If the parent who
25has custody of the child consents and the court approves, the proposed adoptive

1parents may be present at the hearing on the petition or motion under sub. (3). The
2court may, for good cause, waive the requirement that the child attend either of the
3hearings.
AB566-ASA1,75 4Section 75. 48.837 (6) (a) of the statutes is amended to read:
AB566-ASA1,27,65 48.837 (6) (a) The court shall hold the hearing on the petition under sub. (2)
6before the hearing on the petition or motion required under sub. (3).
AB566-ASA1,76 7Section 76. 48.837 (6) (b) of the statutes is amended to read:
AB566-ASA1,27,218 48.837 (6) (b) At the beginning of the hearing held under sub. (2), the court shall
9review the report that is submitted under s. 48.913 (6). The court shall determine
10whether any payments or the conditions specified in any agreement to make
11payments are coercive to the birth parent of the child or to an alleged or presumed
12father of the child or are impermissible under s. 48.913 (4). Making any payment to
13or on behalf of the birth parent of the child, an alleged or presumed father of the child
14or the child conditional in any part upon transfer or surrender of the child or the
15termination of parental rights or the finalization of the adoption creates a rebuttable
16presumption of coercion. Upon a finding of coercion, the court shall dismiss the
17petitions petition under subs. sub. (2) and petition or motion under sub. (3) or amend
18the agreement to delete any coercive conditions, if the parties agree to the
19amendment. Upon a finding that payments which are impermissible under s. 48.913
20(4) have been made, the court may dismiss the petition under sub. (2) and may refer
21the matter to the district attorney for prosecution under s. 948.24 (1).
AB566-ASA1,77 22Section 77. 48.837 (6) (br) of the statutes is amended to read:
AB566-ASA1,28,223 48.837 (6) (br) At the hearing on the petition under sub. (2), the court shall
24determine whether any person has coerced a birth parent or any alleged or presumed
25father of the child in violation of sub. (1r) (e). Upon a finding of coercion, the court

1shall dismiss the petitions petition under subs. sub. (2) and the petition or motion
2under sub.
(3).
AB566-ASA1,78 3Section 78. 48.837 (6) (d) of the statutes is amended to read:
AB566-ASA1,28,134 48.837 (6) (d) If the proposed placement is approved, the court shall proceed
5immediately to a hearing on the petition or motion required under sub. (3). If the
6parental rights of the parent are terminated, the court shall appoint as guardian of
7the child the department, a county department under s. 48.57 (1) (e) or (hm), or a
8child welfare agency licensed to accept guardianship under s. 48.61 (5). If the child
9has not been placed with the proposed adoptive parent or parents under sub. (1r) or
10(4) (d), the court shall order the child to be placed with the proposed adoptive parent
11or parents. If the child has been placed with the proposed adoptive parent or parents
12under sub. (1r) or (4) (d), the court shall order the child to be maintained in that
13placement.
AB566-ASA1,79 14Section 79 . 938.23 (3) of the statutes is amended to read:
AB566-ASA1,28,2015 938.23 (3) Power of the court to appoint counsel. Except as provided in this
16subsection, at any time, upon request or on its own motion, the court may appoint
17counsel for the juvenile or any party, unless the juvenile or the party has or wishes
18to retain counsel of his or her own choosing. Except as provided in sub. (2g), the court
19may not appoint counsel for any party other than the juvenile in a proceeding under
20s. 938.13.
AB566-ASA1,80 21Section 80 . 938.23 (4) of the statutes is amended to read:
AB566-ASA1,29,1222 938.23 (4) Providing counsel. If a juvenile has a right to be represented by
23counsel or is provided counsel at the discretion of the court under this section and
24counsel is not knowingly and voluntarily waived, the court shall refer the juvenile
25to the state public defender and counsel shall be appointed by the state public

1defender under s. 977.08 without a determination of indigency. In any situation
2under sub. (2g) in which
If a parent 18 years of age or over is entitled to
3representation by counsel; counsel is not knowingly and voluntarily waived; and it
4appears that the parent is unable to afford counsel in full, or the parent so indicates;
5the court shall refer the parent to the authority for indigency determinations
6specified under s. 977.07 (1). In any other situation under this section in which a
7person has a right to be represented by counsel or is provided counsel at the
8discretion of the court, competent and independent counsel shall be provided and
9reimbursed in any manner suitable to the court regardless of the person's ability to
10pay, except that the court may not order a person who files a petition under s. 813.122
11or 813.125 to reimburse counsel for the juvenile who is named as the respondent in
12that petition.
AB566-ASA1,81 13Section 81. Initial applicability.
AB566-ASA1,29,1614 (1) This act first applies to a motion to terminate parental rights filed in a
15proceeding for which a petition is filed under s. 48.25 or 938.25 on the effective date
16of this subsection.
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