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SB727,5,622 48.31 (1) In this section, “fact-finding hearing" means a hearing to determine
23if the allegations in a petition under s. 48.13 or 48.133 or a petition or motion to
24terminate parental rights are proved by clear and convincing evidence. In the case
25of a petition or motion to terminate parental rights to an Indian child, “fact-finding

1hearing" means a hearing to determine if the allegations in the petition, other than
2the allegations under s. 48.42 (1) (e) relating to serious emotional or physical
3damage, are proved by clear and convincing evidence and if the allegations under s.
448.42 (1) (e) relating to serious emotional or physical damage are proved beyond a
5reasonable doubt as provided in s. 48.028 (4) (e) 1., unless partial summary judgment
6on the grounds for termination of parental rights is granted.
SB727,10 7Section 10. 48.31 (2) of the statutes is amended to read:
SB727,6,58 48.31 (2) The hearing shall be to the court unless the child, the child's parent,
9guardian, or legal custodian, the unborn child's guardian ad litem, or the expectant
10mother of the unborn child exercises the right to a jury trial by demanding a jury trial
11at any time before or during the plea hearing. If a jury trial is demanded in a
12proceeding under s. 48.13 or 48.133, the jury shall consist of 6 persons , unless a
13motion is filed under s. 48.42 (1d)
. If a jury trial is demanded in a proceeding under
14s. 48.42, including on a motion filed under s. 48.42 (1d), the jury shall consist of 12
15persons unless the parties agree to a lesser number. Chapters 756 and 805 shall
16govern the selection of jurors. If the hearing involves a child victim or witness, as
17defined in s. 950.02, the court may order that a deposition be taken by audiovisual
18means and allow the use of a recorded deposition under s. 967.04 (7) to (10) and, with
19the district attorney, shall comply with s. 971.105. At the conclusion of the hearing,
20the court or jury shall make a determination of the facts, except that in a case alleging
21a child or an unborn child to be in need of protection or services under s. 48.13 or
2248.133, the court shall make the determination under s. 48.13 (intro.) or 48.133
23relating to whether the child or unborn child is in need of protection or services that
24can be ordered by the court. If the court finds that the child or unborn child is not
25within the jurisdiction of the court or, in a case alleging a child or an unborn child

1to be in need of protection or services under s. 48.13 or 48.133, that the child or
2unborn child is not in need of protection or services that can be ordered by the court,
3or if the court or jury finds that the facts alleged in the petition , or in a motion to
4terminate parental rights under s. 48.42 (1d),
have not been proved, the court shall
5dismiss the petition or motion with prejudice.
SB727,11 6Section 11. 48.31 (4) of the statutes is amended to read:
SB727,7,27 48.31 (4) The court or jury shall make findings of fact and the court shall make
8conclusions of law relating to the allegations of a petition filed under s. 48.13, 48.133
9or 48.42 (1) or a motion to terminate parental rights under s. 48.42 (1d), except that
10the court shall make findings of fact relating to whether the child or unborn child is
11in need of protection or services which can be ordered by the court. In cases alleging
12a child to be in need of protection or services under s. 48.13 (11), the court may not
13find that the child is suffering emotional damage unless a licensed physician
14specializing in psychiatry or a licensed psychologist appointed by the court to
15examine the child has testified at the hearing that in his or her opinion the condition
16exists, and adequate opportunity for the cross-examination of the physician or
17psychologist has been afforded. The judge may use the written reports if the right
18to have testimony presented is voluntarily, knowingly and intelligently waived by
19the guardian ad litem or legal counsel for the child and the parent or guardian. In
20cases alleging a child to be in need of protection or services under s. 48.13 (11m) or
21an unborn child to be in need of protection or services under s. 48.133, the court may
22not find that the child or the expectant mother of the unborn child is in need of
23treatment and education for needs and problems related to the use or abuse of alcohol
24beverages, controlled substances or controlled substance analogs and its medical,
25personal, family or social effects unless an assessment for alcohol and other drug

1abuse that conforms to the criteria specified under s. 48.547 (4) has been conducted
2by an approved treatment facility.
SB727,12 3Section 12. 48.368 (1) of the statutes is amended to read:
SB727,7,124 48.368 (1) If a petition or motion for termination of parental rights is filed
5under s. 48.41 or 48.415 48.42 or an appeal from a judgment terminating or denying
6termination of parental rights is filed during the year in which a dispositional order
7under s. 48.355, an extension order under s. 48.365, a voluntary agreement for
8placement of the child under s. 48.63, or a guardianship order under ch. 880, 2003
9stats., or s. 48.977 or ch. 54 is in effect, the dispositional or extension order, voluntary
10agreement, or guardianship order shall remain in effect until all proceedings related
11to the filing of the petition or motion for termination of parental rights or an appeal
12are concluded.
SB727,13 13Section 13. 48.38 (5) (c) 6. b. of the statutes is amended to read:
SB727,7,1514 48.38 (5) (c) 6. b. Having a petition or motion for the involuntary termination
15of parental rights filed on behalf of the child.
SB727,14 16Section 14. 48.40 (1r) of the statutes is amended to read:
SB727,7,2417 48.40 (1r) “Parent" has the meaning given in s. 48.02 (13), except that for
18purposes of filing a petition or motion seeking the involuntary termination of
19parental rights under s. 48.415 to a nonmarital child who is not adopted or whose
20parents do not subsequently intermarry under s. 767.803 and whose paternity has
21not been established, of finding grounds under s. 48.415 for the involuntary
22termination of parental rights to such a child, and of terminating the parental rights
23to such a child on a ground specified in s. 48.415, “parent" includes a person who may
24be the parent of such a child.
SB727,15 25Section 15. 48.415 (1) (a) 1. of the statutes is amended to read:
SB727,8,4
148.415 (1) (a) 1. That the child has been left without provision for the child's
2care or support, the petitioner or movant has investigated the circumstances
3surrounding the matter and for 60 days the petitioner or movant has been unable to
4find either parent.
SB727,16 5Section 16. 48.415 (3) (a) of the statutes is amended to read:
SB727,8,126 48.415 (3) (a) The parent is presently, and for a cumulative total period of at
7least 2 years within the 5 years immediately prior to the filing of the petition or
8motion to terminate parental rights
has been, an inpatient at one or more hospitals
9as defined in s. 50.33 (2) (a), (b) or (c), licensed treatment facilities as defined in s.
1051.01 (2) or state treatment facilities as defined in s. 51.01 (15) on account of mental
11illness as defined in s. 51.01 (13) (a) or (b), developmental disability as defined in s.
1255.01 (2), or other like incapacities, as defined in s. 55.01 (5);
SB727,17 13Section 17. 48.415 (5) (intro.) of the statutes is amended to read:
SB727,8,1814 48.415 (5) Child abuse. (intro.) Child abuse, which shall be established by
15proving that the parent has exhibited a pattern of physically or sexually abusive
16behavior which is a substantial threat to the health of the child who is the subject
17of the petition or motion to terminate parental rights and proving either of the
18following:
SB727,18 19Section 18. 48.415 (10) (a) of the statutes is amended to read:
SB727,8,2420 48.415 (10) (a) That the child who is the subject of the petition or motion to
21terminate parental rights
has been adjudged to be in need of protection or services
22under s. 48.13 (2), (3) or (10); or that the child who is the subject of the petition or
23motion
was born after the filing of a petition or motion under this subsection whose
24subject is a sibling of the child.
SB727,19 25Section 19. 48.415 (10) (b) of the statutes is amended to read:
SB727,9,7
148.415 (10) (b) That, within 3 years prior to the date the court adjudged the
2child to be in need of protection or services as specified in par. (a) or, in the case of
3a child born after the filing of a petition or motion to terminate parental rights as
4specified in par. (a), within 3 years prior to the date of birth of the child, a court has
5ordered the termination of parental rights with respect to another child of the person
6whose parental rights are sought to be terminated on one or more of the grounds
7specified in this section.
SB727,20 8Section 20 . 48.417 (1) (intro.) of the statutes is amended to read:
SB727,9,169 48.417 (1) Filing or joining in petition or motion; when required. (intro.)
10Subject to sub. (2), an agency or the district attorney, corporation counsel, or other
11appropriate official designated under s. 48.09 shall file a petition under s. 48.42 (1)
12or a motion under s. 48.42 (1d) to terminate the parental rights of a parent or the
13parents of a child, or, if a petition under s. 48.42 (1) or motion under s. 48.42 (1d) to
14terminate those parental rights has already been filed, the agency, district attorney,
15corporation counsel or other appropriate official shall join in the petition or motion,
16if any of the following circumstances apply:
SB727,21 17Section 21. 48.417 (1) (a) of the statutes is amended to read:
SB727,9,2518 48.417 (1) (a) The child has been placed outside of his or her home, as described
19in s. 48.365 (1) or 938.365 (1), in a foster home, group home, nonsecured residential
20care center for children and youth, or shelter care facility for 15 of the most recent
2122 months, not including any period during which the child was a runaway from the
22out-of-home placement or was residing in a trial reunification home. If the
23circumstances specified in this paragraph apply, the petition or motion to terminate
24parental rights
shall be filed or joined in by the last day of the 15th month, as
25described in this paragraph, for which the child was placed outside of his or her home.
SB727,22
1Section 22. 48.417 (1) (b) of the statutes is amended to read:
SB727,10,112 48.417 (1) (b) A court of competent jurisdiction has found under s. 48.13 (2) or
3under a law of any other state or a federal law that is comparable to s. 48.13 (2) that
4the child was abandoned when he or she was under one year of age or has found that
5the parent abandoned the child when the child was under one year of age in violation
6of s. 948.20 or in violation of the law of any other state or federal law, if that violation
7would be a violation of s. 948.20 if committed in this state. If the circumstances
8specified in this paragraph apply, the petition or motion to terminate parental rights
9shall be filed or joined in within 60 days after the date on which the court of
10competent jurisdiction found that the child was abandoned as described in this
11paragraph.
SB727,23 12Section 23. 48.417 (1) (c) of the statutes is amended to read:
SB727,10,2313 48.417 (1) (c) A court of competent jurisdiction has found that the parent has
14committed, has aided or abetted the commission of, or has solicited, conspired, or
15attempted to commit, a violation of s. 940.01, 940.02, 940.03, or 940.05 or a violation
16of the law of any other state or federal law, if that violation would be a violation of
17s. 940.01, 940.02, 940.03, or 940.05 if committed in this state, and that the victim of
18that violation is a child of the parent. If the circumstances specified in this paragraph
19apply, the petition or motion to terminate parental rights shall be filed or joined in
20within 60 days after the date on which the court assigned to exercise jurisdiction
21under this chapter determines, based on a finding that a circumstance specified in
22this paragraph applies, that reasonable efforts to make it possible for the child to
23return safely to his or her home are not required.
SB727,24 24Section 24. 48.417 (1) (d) of the statutes is amended to read:
SB727,11,14
148.417 (1) (d) A court of competent jurisdiction has found that the parent has
2committed a violation of s. 940.19 (3), 1999 stats., a violation of s. 940.19 (2), (4), or
3(5), 940.225 (1) or (2), 948.02 (1) or (2), 948.025, 948.03 (2) (a), (3) (a), or (5) (a) 1., 2.,
4or 3., 948.051, or 948.085, a violation of s. 940.302 (2) if s. 940.302 (2) (a) 1. b. applies,
5or a violation of the law of any other state or federal law, if that violation would be
6a violation listed under this paragraph if committed in this state, and that the
7violation resulted in great bodily harm, as defined in s. 939.22 (14), or in substantial
8bodily harm, as defined in s. 939.22 (38), to the child or another child of the parent.
9If the circumstances specified in this paragraph apply, the petition or motion to
10terminate parental rights
shall be filed or joined in within 60 days after the date on
11which the court assigned to exercise jurisdiction under this chapter determines,
12based on a finding that a circumstance specified in this paragraph applies, that
13reasonable efforts to make it possible for the child to return safely to his or her home
14are not required.
SB727,25 15Section 25 . 48.417 (2) (intro.) of the statutes is amended to read:
SB727,11,2416 48.417 (2) Filing or joining in petition or motion; when not required. (intro.)
17Notwithstanding that any of the circumstances specified in sub. (1) (a), (b), (c) or (d)
18may apply, an agency or the district attorney, corporation counsel or other
19appropriate official designated under s. 48.09 need not file a petition under s. 48.42
20(1) or motion under s. 48.42 (1d) to terminate the parental rights of a parent or the
21parents of a child, or, if a petition under s. 48.42 (1) or motion to terminate those
22parental rights has already been filed, the agency, district attorney, corporation
23counsel or other appropriate official need not join in the petition, if any of the
24following circumstances apply:
SB727,26 25Section 26. 48.417 (3) of the statutes is amended to read:
SB727,12,7
148.417 (3) Concurrent adoption efforts required. If a petition or motion to
2terminate parental rights
is filed or joined in as required under sub. (1), the agency
3primarily responsible for providing services to the child under a court order shall,
4during the pendency of the proceeding on the petition or motion, work with the
5agency identified in the report under s. 48.425 (1) (f) that would be responsible for
6accomplishing the adoption of the child in processing and approving a qualified
7family for the adoption of the child.
SB727,27 8Section 27. 48.417 (4) of the statutes is amended to read:
SB727,12,119 48.417 (4) Notice to department. If a petition or motion to terminate parental
10rights
is filed or joined in as required under sub. (1), the person who filed or joined
11in the petition or motion shall notify the department of that filing or joinder.
SB727,28 12Section 28 . 48.42 (1) (intro.) of the statutes is amended to read:
SB727,12,1713 48.42 (1) Petition. (intro.) A Except as provided under sub. (1d), a proceeding
14for the termination of parental rights shall be initiated by petition which may be filed
15by the child's parent, an agency or a person authorized to file a petition under s. 48.25
16or 48.835. The petition shall be entitled “In the interest of .......... (child's name), a
17person under the age of 18" and shall set forth with specificity:
SB727,29 18Section 29 . 48.42 (1d) of the statutes is created to read:
SB727,13,219 48.42 (1d) Motion to terminate parental rights of a child alleged to be in
20need of protection or services.
If there is an open proceeding under s. 48.13 for the
21child, the termination of parental rights may be initiated by filing a motion in that
22open proceeding. A motion under this subsection may be filed by the child's parent,
23an agency, or a person authorized to file a petition under s. 48.25 or 48.835, who is
24a party to the open proceeding, and shall set forth with specificity the information

1required in sub. (1) (c) and (e). A motion filed under this subsection is subject to the
2procedures of this subchapter.
SB727,30 3Section 30. 48.42 (1g) (a) (intro.) of the statutes is amended to read:
SB727,13,144 48.42 (1g) (a) (intro.) Except as provided in par. (c), if the petition or motion to
5terminate parental rights
is filed by a person or agency other than the district
6attorney, corporation counsel, or other appropriate official under s. 48.09; if the
7petition or motion seeks to terminate the parental rights of a person who may be the
8father of a nonmarital child who is under one year of age at the time the petition or
9motion
is filed, who is not adopted or whose parents do not subsequently intermarry
10under s. 767.803, and whose paternity has not been established; and if the mother
11of the child has voluntarily consented to or seeks to voluntarily consent to the
12termination of her parental rights to the child, the petitioner or movant may file with
13the petition or motion an affidavit signed by the mother that includes all of the
14following:
SB727,31 15Section 31. 48.42 (1g) (b) of the statutes is amended to read:
SB727,13,2416 48.42 (1g) (b) The petitioner or movant shall notify any man identified in the
17affidavit under par. (a) as an alleged father of his right to file a declaration of paternal
18interest under s. 48.025 before the birth of the child, within 14 days after the birth
19of the child, or within 21 days after the date on which the notice is mailed, whichever
20is later; of the birth date or anticipated birth date of the child; and of the
21consequences of filing or not filing a declaration of paternal interest. The petitioner
22or movant shall include with the notice a copy of the form required to file a
23declaration of paternal interest under s. 48.025. The notice shall be sent by certified
24mail to the last-known address of the alleged father.
SB727,32 25Section 32. 48.42 (1g) (c) of the statutes is amended to read:
SB727,14,2
148.42 (1g) (c) If an affidavit under par. (a) is not filed with the petition or
2motion
, notice shall be given to an alleged father under sub. (2).
SB727,33 3Section 33 . 48.42 (1m) (a) of the statutes is amended to read:
SB727,14,124 48.42 (1m) (a) If the petition filed under sub. (1) or motion filed under sub. (1d)
5includes a statement of the grounds for involuntary termination of parental rights
6under sub. (1) (c) 2., the petitioner or movant may, at the time the petition under sub.
7(1) or motion under sub. (1d) is filed, also petition the court for a temporary order and
8an injunction prohibiting the person whose parental rights are sought to be
9terminated from visiting or contacting the child who is the subject of the petition
10under sub. (1) or motion. Any petition under this paragraph shall allege facts
11sufficient to show that prohibiting visitation or contact would be in the best interests
12of the child.
SB727,34 13Section 34. 48.42 (1m) (b) of the statutes is amended to read:
SB727,14,1914 48.42 (1m) (b) Subject to par. (e), the court may issue the temporary order ex
15parte or may refuse to issue the temporary order and hold a hearing on whether to
16issue an injunction. The temporary order is in effect until a hearing is held on the
17issuance of an injunction. The court shall hold a hearing on the issuance of an
18injunction on or before the date of the hearing on the petition or motion to terminate
19parental rights under s. 48.422 (1).
SB727,35 20Section 35. 48.42 (1m) (c) of the statutes is amended to read:
SB727,15,221 48.42 (1m) (c) Notwithstanding any other order under s. 48.355 (3), the court,
22subject to par. (e), may grant an injunction prohibiting the respondent from visiting
23or contacting the child if the court determines that the prohibition would be in the
24best interests of the child. An injunction under this subsection is effective according
25to its terms but may not remain in effect beyond the date the court dismisses the

1petition or motion for termination of parental rights under s. 48.427 (2) or issues an
2order terminating parental rights under s. 48.427 (3).
SB727,36 3Section 36. 48.42 (2) (intro.) of the statutes is amended to read:
SB727,15,64 48.42 (2) Who must be summoned. (intro.) Except as provided in sub. (2m), the
5petitioner or movant shall cause the summons and petition or motion to terminate
6parental rights
to be served upon the following persons:
SB727,37 7Section 37. 48.42 (2) (bm) (intro.) of the statutes is amended to read:
SB727,15,128 48.42 (2) (bm) (intro.) If the child is a nonmarital child who is under one year
9of age at the time the petition or motion to terminate parental rights is filed and who
10is not adopted or whose parents do not subsequently intermarry under s. 767.803 and
11whose paternity has not been established and if an affidavit under sub. (1g) (a) is filed
12with the petition or motion to terminate parental rights:
SB727,38 13Section 38. 48.42 (2g) (a) of the statutes is amended to read:
SB727,15,2514 48.42 (2g) (a) In addition to causing the summons and petition or motion to
15terminate parental rights
to be served as required under sub. (2), the petitioner or
16movant
shall also notify any foster parent or other physical custodian described in
17s. 48.62 (2) of the child of all hearings on the petition or motion. The first notice to
18any foster parent or other physical custodian described in s. 48.62 (2) shall be
19written, shall have a copy of the petition or motion attached to it, shall state the
20nature, location, date, and time of the initial hearing and shall be mailed to the
21last-known address of the foster parent or other physical custodian described in s.
2248.62 (2). Thereafter, notice of hearings may be given by telephone at least 72 hours
23before the time of the hearing. The person giving telephone notice shall place in the
24case file a signed statement of the time notice was given and the person to whom he
25or she spoke.
SB727,39
1Section 39. 48.42 (2g) (ag) of the statutes is amended to read:
SB727,16,162 48.42 (2g) (ag) In the case of an involuntary termination of parental rights to
3a child whom the petitioner or movant knows or has reason to know is an Indian
4child, the petitioner or movant shall cause the summons and petition or motion to be
5served on the Indian child's parent and Indian custodian in the manner specified in
6s. 48.028 (4) (a). In like manner, the petitioner or movant shall also notify the Indian
7child's tribe of all hearings on the petition or motion. The first notice to an Indian
8child's tribe shall be written, shall have a copy of the petition or motion attached to
9it, and shall state the nature, location, date, and time of the initial hearing. No
10hearing may be held on the petition or motion until at least 10 days after receipt of
11notice of the hearing by the Indian child's parent, Indian custodian, and tribe or, if
12the identity or location of the Indian child's parent, Indian custodian, or tribe cannot
13be determined, until at least 15 days after receipt of the notice by the U.S. secretary
14of the interior. On request of the Indian child's parent, Indian custodian, or tribe, the
15court shall grant a continuance of up to 20 additional days to enable the requester
16to prepare for the hearing.
SB727,40 17Section 40. 48.42 (2m) of the statutes is amended to read:
SB727,17,618 48.42 (2m) Notice not required. (a) Parent as a result of sexual assault.
19Except as provided in this paragraph, notice is not required to be given to a person
20who may be the father of a child conceived as a result of a sexual assault in violation
21of s. 940.225 (1), (2) or (3), 948.02 (1) or (2), 948.025, or 948.085 if a physician attests
22to his or her belief that a sexual assault as specified in this paragraph has occurred
23or if the person who may be the father of the child has been convicted of sexual assault
24as specified in this paragraph for conduct which may have led to the child's
25conception. A person who under this paragraph is not given notice does not have

1standing to appear and contest a petition or motion for the termination of his
2parental rights, present evidence relevant to the issue of disposition, or make
3alternative dispositional recommendations. This paragraph does not apply to a
4person who may be the father of a child conceived as a result of a sexual assault in
5violation of s. 948.02 (1) or (2) if that person was under 18 years of age at the time
6of the sexual assault.
SB727,17,177 (b) Parent of nonmarital child. A person who may be the father of a nonmarital
8child who is not adopted or whose parents do not subsequently intermarry under s.
9767.803 and whose paternity has not been established, by virtue of the fact that he
10has engaged in sexual intercourse with the mother of the child, is considered to be
11on notice that a pregnancy and a termination of parental rights proceeding
12concerning the child may occur, and has the duty to protect his own rights and
13interests. He is therefore entitled to actual notice of such a proceeding only as
14provided in sub. (2) (b) or (bm). A person who is not entitled to notice under sub. (2)
15(b) or (bm) does not have standing to appear and contest a petition or motion for the
16termination of his parental rights, present evidence relevant to the issue of
17disposition, or make alternative dispositional recommendations.
SB727,41 18Section 41. 48.42 (4) (title) of the statutes is amended to read:
SB727,17,2019 48.42 (4) (title) Manner of serving summons and petition or motion to
20terminate parental rights
.
SB727,42 21Section 42. 48.42 (4) (a) of the statutes is amended to read:
SB727,18,322 48.42 (4) (a) Personal service. Except as provided in this paragraph, par. (b),
23and sub. (2g) (ag), a copy of the summons and petition or motion to terminate
24parental rights
shall be served personally upon the parties specified in sub. (2), if
25known, at least 7 days before the date of the hearing. Service of summons is not

1required if the party submits to the jurisdiction of the court. Service upon parties
2who are not natural persons and upon persons under a disability shall be as
3prescribed in s. 801.11.
SB727,43 4Section 43. 48.42 (4) (b) 3. of the statutes is amended to read:
SB727,18,85 48.42 (4) (b) 3. At the time the petition or motion to terminate parental rights
6is filed, the petitioner or movant may move the court for an order waiving the
7requirement of constructive notice to a person who, although his identity is
8unknown, may be the father of a nonmarital child.
SB727,44 9Section 44. 48.42 (4) (b) 4. (intro.) of the statutes is amended to read:
SB727,18,2310 48.42 (4) (b) 4. (intro.) A notice published under this subsection shall be
11published as a class 1 notice under ch. 985. In determining which newspaper is likely
12to give notice as required under s. 985.02 (1), the petitioner, movant, or court shall
13consider the residence of the party, if known, or the residence of the relatives of the
14party, if known, or the last-known location of the party. If the party's post-office
15address is known or can, with due diligence, be ascertained, a copy of the summons
16and petition or motion to terminate parental rights shall be mailed to the party upon
17or immediately prior to the first publication. The mailing may be omitted if the
18petitioner or movant shows that the post-office address cannot be obtained with due
19diligence. Except as provided in subd. 5., the notice shall include the date, place and
20circuit court branch for the hearing, the court file number, the name, address and
21telephone number of the petitioner's or movant's attorney and information the court
22determines to be necessary to give effective notice to the party or parties. Such
23information shall include the following, if known:
SB727,45 24Section 45. 48.422 (title) of the statutes is amended to read:
SB727,19,2
148.422 (title) Hearing on the petition or motion to terminate parental
2rights
.
SB727,46 3Section 46. 48.422 (1) of the statutes is amended to read:
SB727,19,84 48.422 (1) Except as provided in s. 48.42 (2g) (ag), the hearing on the petition
5or motion to terminate parental rights shall be held within 30 days after the petition
6or motion is filed. At the hearing on the petition or motion to terminate parental
7rights the court shall determine whether any party wishes to contest the petition or
8motion
and inform the parties of their rights under sub. (4) and s. 48.423.
SB727,47 9Section 47. 48.422 (2) of the statutes is amended to read:
SB727,19,1410 48.422 (2) Except as provided in s. 48.42 (2g) (ag), if the petition or motion to
11terminate parental rights
is contested the court shall set a date for a fact-finding
12hearing to be held within 45 days after the hearing on the petition or motion, unless
13all of the necessary parties agree to commence with the hearing on the merits
14immediately.
SB727,48 15Section 48. 48.422 (3) of the statutes is amended to read:
SB727,19,1816 48.422 (3) If the petition or motion to terminate parental rights is not contested
17the court shall hear testimony in support of the allegations in the petition or motion,
18including testimony as required in sub. (7).
SB727,49 19Section 49. 48.422 (4) of the statutes is amended to read:
SB727,19,2320 48.422 (4) Any party who is necessary to the proceeding or whose rights may
21be affected by an order terminating parental rights shall be granted a jury trial upon
22request if the request is made before the end of the initial hearing on the petition or
23motion to terminate parental rights
.
SB727,50 24Section 50. 48.422 (6) (b) of the statutes is amended to read:
SB727,20,10
148.422 (6) (b) If the court determines that an unknown person may be the
2father of the child and notice to that person has not been waived under s. 48.42 (4)
3(b) 3., the court shall determine whether constructive notice will substantially
4increase the likelihood of notice to that person. If the court does determine that it
5would substantially increase the likelihood of notice and the petitioner or movant
6has not already caused the notice to be published or the court determines that the
7publication used was not sufficient, the court shall adjourn the hearing for a period
8not to exceed 30 days and shall order constructive notice under s. 48.42 (4) (b). If the
9court determines that constructive notice will not substantially increase the
10likelihood of notice to that person, the court shall order that the hearing proceed.
SB727,51 11Section 51. 48.422 (7) (intro.) of the statutes is amended to read:
SB727,20,1312 48.422 (7) (intro.) Before accepting an admission of the alleged facts in a
13petition or motion to terminate parental rights, the court shall:
SB727,52 14Section 52. 48.422 (7) (a) of the statutes is amended to read:
SB727,20,1715 48.422 (7) (a) Address the parties present and determine that the admission
16is made voluntarily with understanding of the nature of the acts alleged in the
17petition or motion to terminate parental rights and the potential dispositions.
SB727,53 18Section 53. 48.422 (7) (bm) of the statutes is amended to read:
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