LRB-3121/1
EAW:cdc
2019 - 2020 LEGISLATURE
October 23, 2019 - Introduced by Representatives Snyder, Kulp, Dittrich,
Felzkowski, Horlacher, James, Katsma, Kerkman, Kurtz, Magnafici,
Milroy, Murphy, Ramthun, Tusler, Tranel, Thiesfeldt, VanderMeer and
Tittl. Referred to Committee on Family Law.
AB560,1,3
1An Act to create 48.415 (2) (b) of the statutes;
relating to: termination of
2parental rights if a child has been placed outside the home for 15 of the last 22
3months.
Analysis by the Legislative Reference Bureau
This bill expands the termination of parental rights (TPR) ground based on a
child's continuing need of protection or services. Current law provides various
grounds for an involuntary TPR, including continuing need of protection or services,
which must be established by proving 1) that the child has been adjudged to be a child
or juvenile in need of protection or services (CHIPS) and placed, or continued in a
placement, outside the child's home pursuant to one or more orders of the court
assigned to exercise jurisdiction under the Children's Code (juvenile court); 2) that
the agency responsible for the care of the child has made a reasonable effort to
provide the services ordered by the juvenile court; and 3) that the child has been
outside the home for a cumulative total period of six months or longer, the parent has
failed to meet the conditions established for the safe return of the child to the home,
and there is a substantial likelihood that the parent will not meet those conditions
by the time the child has been placed outside the home for 15 of the last 22 months.
Under current law, if a child is placed outside of his or her home on a CHIPS
order for 15 of the last 22 months, an agency or the district attorney, corporation
counsel, or other appropriate official must file a TPR petition against the parent or
parents. Under current law, if such a petition is filed, the petitioner must establish
that grounds exist for an involuntary TPR. Under this bill, the involuntary TPR
ground of continuing need of protection or services may be established by proving
that a child has been placed outside of his or her home on a continuing CHIPS order
for 15 of the last 22 months.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB560,1
1Section
1. 48.415 (2) (b) of the statutes is created to read:
AB560,2,72
48.415
(2) (b) That the child has been placed outside of his or her home, as
3described in s. 48.365 (1) or 938.365 (1), in a foster home, group home, nonsecured
4residential care center for children and youth, or shelter care facility for 15 of the
5most recent 22 months, not including any period during which the child was a
6runaway from the out-of-home placement or was residing in a trial reunification
7home.
