AB566-ASA1,17,14 48.42 (4) (title) Manner of serving summons and petition or motion to terminate parental rights.

AB566-ASA1,42 Section 42. 48.42 (4) (a) of the statutes is amended to read:

AB566-ASA1,17,22 48.42 (4) (a) Personal service. Except as provided in this paragraph, par. (b), and sub. (2g) (ag), a copy of the summons and petition or motion to terminate parental rights shall be served personally upon the parties specified in sub. (2), if known, at least 7 days before the date of the hearing. Service of summons is not required if the party submits to the jurisdiction of the court. Service upon parties who are not natural persons and upon persons under a disability shall be as prescribed in s. 801.11.

AB566-ASA1,43 Section 43. 48.42 (4) (b) 3. of the statutes is amended to read:

AB566-ASA1,18,2 48.42 (4) (b) 3. At the time the petition or motion to terminate parental rights is filed, the petitioner or movant may move the court for an order waiving the requirement of constructive notice to a person who, although his identity is unknown, may be the father of a nonmarital child.

AB566-ASA1,44 Section 44. 48.42 (4) (b) 4. (intro.) of the statutes is amended to read:

AB566-ASA1,18,17 48.42 (4) (b) 4. (intro.) A notice published under this subsection shall be published as a class 1 notice under ch. 985. In determining which newspaper is likely to give notice as required under s. 985.02 (1), the petitioner, movant, or court shall consider the residence of the party, if known, or the residence of the relatives of the party, if known, or the last-known location of the party. If the party's post-office address is known or can, with due diligence, be ascertained, a copy of the summons and petition or motion to terminate parental rights shall be mailed to the party upon or immediately prior to the first publication. The mailing may be omitted if the petitioner or movant shows that the post-office address cannot be obtained with due diligence. Except as provided in subd. 5., the notice shall include the date, place and circuit court branch for the hearing, the court file number, the name, address and telephone number of the petitioner's or movant's attorney and information the court determines to be necessary to give effective notice to the party or parties. Such information shall include the following, if known:

AB566-ASA1,45 Section 45. 48.422 (title) of the statutes is amended to read:

AB566-ASA1,18,20 48.422 (title) Hearing on the petition or motion to terminate parental rights.

AB566-ASA1,46 Section 46. 48.422 (1) of the statutes is amended to read:

AB566-ASA1,19,2 48.422 (1) Except as provided in s. 48.42 (2g) (ag), the hearing on the petition or motion to terminate parental rights shall be held within 30 days after the petition or motion is filed. At the hearing on the petition or motion to terminate parental rights the court shall determine whether any party wishes to contest the petition or motion and inform the parties of their rights under sub. (4) and s. 48.423.

AB566-ASA1,47 Section 47. 48.422 (2) of the statutes is amended to read:

AB566-ASA1,19,8 48.422 (2) Except as provided in s. 48.42 (2g) (ag), if the petition or motion to terminate parental rights is contested the court shall set a date for a fact-finding hearing to be held within 45 days after the hearing on the petition or motion, unless all of the necessary parties agree to commence with the hearing on the merits immediately.

AB566-ASA1,48 Section 48. 48.422 (3) of the statutes is amended to read:

AB566-ASA1,19,12 48.422 (3) If the petition or motion to terminate parental rights is not contested the court shall hear testimony in support of the allegations in the petition or motion, including testimony as required in sub. (7).

AB566-ASA1,49 Section 49. 48.422 (4) of the statutes is amended to read:

AB566-ASA1,19,17 48.422 (4) Any party who is necessary to the proceeding or whose rights may be affected by an order terminating parental rights shall be granted a jury trial upon request if the request is made before the end of the initial hearing on the petition or motion to terminate parental rights.

AB566-ASA1,50 Section 50. 48.422 (6) (b) of the statutes is amended to read:

AB566-ASA1,20,3 48.422 (6) (b) If the court determines that an unknown person may be the father of the child and notice to that person has not been waived under s. 48.42 (4) (b) 3., the court shall determine whether constructive notice will substantially increase the likelihood of notice to that person. If the court does determine that it would substantially increase the likelihood of notice and the petitioner or movant has not already caused the notice to be published or the court determines that the publication used was not sufficient, the court shall adjourn the hearing for a period not to exceed 30 days and shall order constructive notice under s. 48.42 (4) (b). If the court determines that constructive notice will not substantially increase the likelihood of notice to that person, the court shall order that the hearing proceed.

AB566-ASA1,51 Section 51. 48.422 (7) (intro.) of the statutes is amended to read:

AB566-ASA1,20,6 48.422 (7) (intro.) Before accepting an admission of the alleged facts in a petition or motion to terminate parental rights, the court shall:

AB566-ASA1,52 Section 52. 48.422 (7) (a) of the statutes is amended to read:

AB566-ASA1,20,10 48.422 (7) (a) Address the parties present and determine that the admission is made voluntarily with understanding of the nature of the acts alleged in the petition or motion to terminate parental rights and the potential dispositions.

AB566-ASA1,53 Section 53. 48.422 (7) (bm) of the statutes is amended to read:

AB566-ASA1,21,4 48.422 (7) (bm) Establish whether a proposed adoptive parent of the child has been identified. If a proposed adoptive parent of the child has been identified and the proposed adoptive parent is not a relative of the child, the court shall order the petitioner or movant to submit a report to the court containing the information specified in s. 48.913 (7). The court shall review the report to determine whether any payments or agreement to make payments set forth in the report are coercive to the birth parent of the child or to an alleged to presumed father of the child or are impermissible under s. 48.913 (4). Making any payment to or on behalf of the birth parent of the child, an alleged or presumed father of the child or the child conditional in any part upon transfer or surrender of the child or the termination of parental rights or the finalization of the adoption creates a rebuttable presumption of coercion. Upon a finding of coercion, the court shall dismiss the petition or motion to terminate parental rights or amend the agreement to delete any coercive conditions, if the parties agree to the amendment. Upon a finding that payments which are impermissible under s. 48.913 (4) have been made, the court may dismiss the petition and may refer the matter to the district attorney for prosecution under s. 948.24 (1). This paragraph does not apply if the petition or motion was filed with a petition for adoptive placement under s. 48.837 (2).

AB566-ASA1,54 Section 54. 48.422 (7) (br) of the statutes is amended to read:

AB566-ASA1,21,9 48.422 (7) (br) Establish whether any person has coerced a birth parent or any alleged or presumed father of the child in violation of s. 48.63 (3) (b) 5. Upon a finding of coercion, the court shall dismiss the petition or motion to terminate parental rights.

AB566-ASA1,55 Section 55. 48.422 (8) of the statutes is amended to read:

AB566-ASA1,21,15 48.422 (8) If the petition or motion for termination of parental rights is filed by an agency enumerated in s. 48.069 (1) or (2), the court shall order the agency to file a report with the court as provided in s. 48.425 (1), except that, if the child is an Indian child, the court may order the agency or request the tribal child welfare department of the Indian child's tribe to file that report.