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SB729,9 11Section 9 . 48.415 (intro.) of the statutes is amended to read:
SB729,7,23 1248.415 Grounds for involuntary termination of parental rights. (intro.)
13At the fact-finding hearing the court or jury shall determine whether grounds exist
14for the termination of parental rights. If the child is an Indian child, the court or jury
15shall also determine at the fact-finding hearing whether continued custody of the
16Indian child by the Indian child's parent or Indian custodian is likely to result in
17serious emotional or physical damage to the Indian child under s. 48.028 (4) (e) 1. and
18whether active efforts under s. 48.028 (4) (e) 2. have been made to prevent the
19breakup of the Indian child's family and whether those efforts have proved
20unsuccessful, unless partial summary judgment on the grounds for termination of
21parental rights is granted, in which case the court shall make those determinations
22at the dispositional hearing. Grounds for termination of parental rights shall be one
23of the following:
SB729,10 24Section 10 . 48.415 (3m) of the statutes is created to read:
SB729,8,2
148.415 (3m) Parental incarceration. Parental incarceration, which shall be
2established by proving all of the following:
SB729,8,63 (a) That the child has been adjudged to be in need of protection or services and,
4while the parent is incarcerated, has been placed, or continued in a placement,
5outside his or her home pursuant to one or more court orders under s. 48.345, 48.357,
648.363, or 48.365 containing the notice required under s. 48.356 (2).
SB729,8,87 (b) That the parent is incarcerated at the time of the fact-finding hearing under
8s. 48.424.
SB729,8,129 (c) That the parent is likely to continue to be incarcerated for a substantial
10period of the child's minority. In determining whether the parent is likely to continue
11to be incarcerated for a substantial period of the child's minority, the court may
12consider whether the parent has a history of repeated incarceration.
SB729,11 13Section 11. 48.415 (4) (a) of the statutes is amended to read:
SB729,8,1814 48.415 (4) (a) That the parent has been denied periods of physical placement
15by court order in an action affecting the family or has been denied visitation under
16an order under s. 48.21 (4), 48.32, 48.345, 48.355 (3), 48.363, 48.365, 48.38, 938.21
17(4), 938.32,
938.345, 938.355 (3), 938.363 or, 938.365, or 938.38 containing the notice
18required by s. 48.356 (2) or 938.356 (2).
SB729,12 19Section 12 . 48.415 (11) of the statutes is created to read:
SB729,8,2120 48.415 (11) Drug-affected child. The child is a drug-affected child, which
21shall be established by proving all of the following:
SB729,8,2422 (a) That the child has been adjudged to be a child in need of protection or
23services under s. 48.13 (15) (b) and placed outside the home pursuant to one or more
24court orders under s. 48.345, 48.347, 48.357, 48.363, or 48.365.
SB729,8,2525 (b) That one of the following applies:
SB729,9,4
11. The parent has not made reasonable efforts to enroll in a substance use
2disorder treatment or recovery program within 90 days of the placement of the child
3outside the home pursuant to one or more court orders under s. 48.345, 48.347,
448.357, 48.363, or 48.365.
SB729,9,85 2. The parent enrolled in a substance use disorder treatment or recovery
6program after placement of the child outside the home pursuant to one or more court
7orders under s. 48.345, 48.347, 48.357, 48.363, or 48.365 but has not maintained
8substantial compliance with the program.
SB729,9,109 (c) That the parent is not participating in a drug court program as described
10in s. 165.955 (1).
SB729,9,1511 (d) That there is a substantial likelihood that the parent will not meet the
12conditions for the safe return of the child to the home by the date established by the
13court or a review panel under s. 48.38 (5) (c) 5. or by the court under s. 48.38 (5m) (e)
14at the child's most recent permanency review or permanency hearing prior to the
15filing of the petition for termination of parental rights.
SB729,13 16Section 13 . 48.422 (1) of the statutes is amended to read:
SB729,9,2117 48.422 (1) Except as provided in s. 48.42 (2g) (ag), the hearing on the petition
18to terminate parental rights shall be held within 30 days after the petition is filed.
19At the hearing on the petition to terminate parental rights the court shall determine
20whether any party wishes to contest the petition and inform the parties of their
21rights under sub. (4) and s. 48.423.
SB729,14 22Section 14 . 48.422 (4) of the statutes is repealed.
SB729,15 23Section 15 . 48.422 (5) of the statutes is amended to read:
SB729,10,3
148.422 (5) Any nonpetitioning party, including the child, shall be granted a
2continuance of the hearing for the purpose of consulting with an attorney on the
3request for a jury trial or
concerning a request for the substitution of a judge.
SB729,16 4Section 16 . 48.424 (3) of the statutes is amended to read:
SB729,10,95 48.424 (3) If the facts are determined by a jury, the jury may only The court
6shall
decide whether any grounds for the termination of parental rights have been
7proved and, whether the allegations specified in s. 48.42 (1) (e) have been proved in
8cases involving the involuntary termination of parental rights to an Indian child.
9The court shall decide
, and what disposition is in the best interest of the child.
SB729,17 10Section 17 . 48.424 (4) (intro.) of the statutes is amended to read:
SB729,10,1811 48.424 (4) (intro.) If the court finds grounds for the termination of parental
12rights are found by the court or jury, the court shall find the parent unfit. A finding
13of unfitness shall not preclude a dismissal of a petition under s. 48.427 (2). Except
14as provided in s. 48.23 (2) (b) 3., the court shall then proceed immediately to hear
15evidence and motions related to the dispositions enumerated in s. 48.427. Except as
16provided in s. 48.42 (2g) (ag), the court may delay making the disposition and set a
17date for a dispositional hearing no later than 45 days after the fact-finding hearing
18if any of the following apply:
SB729,18 19Section 18 . 938.356 (1m) of the statutes is created to read:
SB729,10,2320 938.356 (1m) Whenever the court orders a juvenile to be placed outside his or
21her home or denies a parent visitation in an order under s. 938.21 (4) or 938.32, the
22court shall orally inform the parent or parents who appear in court of any grounds
23for termination of parental rights under s. 48.415 that may be applicable.
SB729,19 24Section 19 . 938.356 (2) of the statutes is amended to read:
SB729,11,4
1938.356 (2) Written warning. In addition to the notice required under sub. (1)
2or (1m), any written order which places a juvenile outside the home or denies
3visitation under sub. (1) or (1m) shall notify the parent or parents of the information
4specified under sub. (1) or (1m).
SB729,20 5Section 20 . 938.38 (5) (a) of the statutes is amended to read:
SB729,11,186 938.38 (5) (a) Except as provided in s. 48.63 (5) (d), the court or a panel
7appointed under par. (ag) shall review the permanency plan for each juvenile for
8whom a permanency plan is required under sub. (2) in the manner provided in this
9subsection not later than 6 months after the date on which the juvenile was first
10removed from his or her home
of a hearing held under sub. (5m) and every 6 months
11after a previous review under this subsection for as long as the juvenile is placed
12outside the home, except that for the review that is required to be conducted not later
13than 12 months after the juvenile was first removed from his or her home and the

14reviews that are required to be conducted every 12 months after that review the
15initial hearing under sub. (5m)
, the court shall hold a hearing under sub. (5m) to
16review the permanency plan. The hearing may be instead of or in addition to the
17review under this subsection. The 6-month and 12-month periods referred to in this
18paragraph include trial reunifications under s. 938.358.
SB729,21 19Section 21 . 938.38 (5m) (a) of the statutes is amended to read:
SB729,12,220 938.38 (5m) (a) The court shall hold a hearing to review the permanency plan
21and to make the determinations specified in sub. (5) (c) for each juvenile for whom
22a permanency plan is required under sub. (2) no later than 12 6 months after the date
23on which the juvenile was first removed from the home and every 12 months after
24a previous hearing under this subsection for as long as the juvenile is placed outside

1the home. The 6-month and 12-month periods referred to in this paragraph include
2trial reunifications under s. 938.358.
SB729,22 3Section 22 . Nonstatutory provisions.
SB729,12,104 (1) Parental incarceration. A court assigned to exercise jurisdiction under ch.
548 may terminate parental rights to a child who was ordered to be placed outside the
6home before the effective date of this subsection on the grounds specified under s.
748.415 (3m) notwithstanding that the parent was not notified of those grounds under
8s. 48.356 (2) or 938.356 (2) when that placement was ordered so long as the parent
9is notified of those grounds under s. 48.356 (2) or 938.356 (2) before the filing of the
10termination of parental rights petition.
SB729,23 11Section 23 . Initial applicability.
SB729,12,1512 (1) Right to a jury trial. The treatment of ss. 48.31 (2) and (4), 48.415 (intro.),
1348.422 (1), (4), and (5), and 48.424 (3) and (4) (intro.) first applies to a termination
14of parental rights proceeding for which the petition is filed on the effective date of this
15subsection.
SB729,12,1816 (2) Child in need of protection or services ground. The treatment of s. 48.13
17(15) first applies to a petition filed under s. 48.13 on the effective date of this
18subsection.
SB729,12,2219 (3) Warnings for grounds of an involuntary termination of parental rights.
20The treatment of s. 48.415 (11) first applies to a court order required to contain the
21notice under s. 48.356 (2) or 938.356 (2) granted on the effective date of this
22subsection.
SB729,12,2523 (4) Permanency plan reviews. The treatment of ss. 48.38 (5) (a) and (5m) (a)
24and 938.38 (5) (a) and (5m) (a) first applies to a permanency plan that is filed with
25the court under s. 48.38 (3) or 938.38 (3) on the effective date of this subsection.
SB729,13,3
1(5) Parental incarceration. The treatment of s. 48.415 (3m) and Section 22
2(1) of this act first apply to a petition for termination of parental rights filed on the
3effective date of this subsection.
SB729,13,44 (End)
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