SB727,22,324 48.422 (9) (a) If a petition or motion for termination of the rights of a birth
25parent, as defined under s. 48.432 (1) (am), is filed by a person other than an agency

1enumerated under s. 48.069 (1) or (2) or if the court waives the report required under
2s. 48.425, the court shall order any parent whose rights may be terminated to file
3with the court the information specified under s. 48.425 (1) (am).
SB727,57 4Section 57. 48.423 (2) (intro.) of the statutes is amended to read:
SB727,22,115 48.423 (2) Rights of out-of-state fathers. (intro.) A person who may be the
6father of a nonmarital child who is not adopted or whose parents do not subsequently
7intermarry under s. 767.803 and whose paternity has not been established may
8contest the petition or motion to terminate parental rights, present evidence relevant
9to the issue of disposition, and make alternative dispositional recommendations if
10the person appears at the hearing, establishes paternity under sub. (1), and proves
11all of the following by a preponderance of the evidence:
SB727,58 12Section 58. 48.424 (1) (intro.) of the statutes is amended to read:
SB727,22,1513 48.424 (1) (intro.) The purpose of the fact-finding hearing is to determine in
14cases in which the petition or motion was contested at the hearing on the petition or
15motion to terminate parental rights
under s. 48.422 all of the following:
SB727,59 16Section 59. 48.424 (4) (intro.) of the statutes is amended to read:
SB727,22,2417 48.424 (4) (intro.) If grounds for the termination of parental rights are found
18by the court or jury, the court shall find the parent unfit. A finding of unfitness shall
19not preclude a dismissal of a petition or motion to terminate parental rights under
20s. 48.427 (2). Except as provided in s. 48.23 (2) (b) 3., the court shall then proceed
21immediately to hear evidence and motions related to the dispositions enumerated in
22s. 48.427. Except as provided in s. 48.42 (2g) (ag), the court may delay making the
23disposition and set a date for a dispositional hearing no later than 45 days after the
24fact-finding hearing if any of the following apply:
SB727,60 25Section 60. 48.424 (4) (b) of the statutes is amended to read:
SB727,23,6
148.424 (4) (b) The court has not yet received a report to the court on the history
2of the child as provided in s. 48.425 and the court now orders an agency enumerated
3in s. 48.069 (1) or (2) to file that report with the court, or, in the case of an Indian child,
4now orders that agency or requests the tribal child welfare department of the Indian
5child's tribe to file such a report, before the court makes the disposition on the
6petition or motion to terminate parental rights.
SB727,61 7Section 61. 48.425 (1) (am) 2. of the statutes is amended to read:
SB727,23,108 48.425 (1) (am) 2. A report of any medical examination which either birth
9parent had within one year before the date of the petition or motion to terminate
10parental rights
.
SB727,62 11Section 62. 48.425 (1) (cm) of the statutes is amended to read:
SB727,23,1912 48.425 (1) (cm) If the petition or motion is seeking the involuntary termination
13of parental rights to an Indian child, specific information showing that continued
14custody of the child by the parent or Indian custodian is likely to result in serious
15emotional or physical damage to the child under s. 48.028 (4) (e) 1. and, if the Indian
16child has previously been adjudged to be in need of protection or services, specific
17information showing that active efforts under s. 48.028 (4) (e) 2. have been made to
18prevent the breakup of the Indian child's family and that those efforts have proved
19unsuccessful.
SB727,63 20Section 63. 48.425 (1m) of the statutes is amended to read:
SB727,23,2321 48.425 (1m) The agency required under sub. (1) to file the report shall prepare
22the medical record within 60 days after the date of the petition or motion for the
23termination of parental rights.
SB727,64 24Section 64. 48.425 (3) of the statutes is amended to read:
SB727,24,3
148.425 (3) The court may order a report as specified under this section to be
2prepared by an agency in those cases where the petition or motion to terminate
3parental rights
is filed by someone other than an agency.
SB727,65 4Section 65. 48.427 (2) of the statutes is amended to read:
SB727,24,75 48.427 (2) The court may dismiss the petition or motion to terminate parental
6rights
if it finds that the evidence does not warrant the termination of parental
7rights.
SB727,66 8Section 66. 48.43 (1) (intro.) of the statutes is amended to read:
SB727,24,149 48.43 (1) (intro.) The court shall enter a judgment setting forth its findings and
10disposition in accordance with s. 48.426 in an order implementing the disposition
11chosen. If the court dismisses the petition or motion to terminate parental rights
12under s. 48.427 (2), the order shall contain the reasons for dismissal. If the
13disposition is for the termination of parental rights under s. 48.427 (3), the order
14shall contain all of the following:
SB727,67 15Section 67. 48.46 (2) of the statutes is amended to read:
SB727,25,616 48.46 (2) A parent who has consented to the termination of his or her parental
17rights under s. 48.41 or who did not contest the petition or motion initiating the
18proceeding in which his or her parental rights were terminated termination of
19parental rights proceeding
may move the court for relief from the judgment on any
20of the grounds specified in s. 806.07 (1) (a), (b), (c), (d) or (f). Any such motion for relief
21shall be filed within 30 days after the entry of the judgment or order terminating
22parental rights, unless the parent files a timely notice of intent to pursue relief from
23the judgment under s. 808.04 (7m), in which case the motion for relief shall be filed
24within the time permitted by s. 809.107 (5). A motion for relief under this subsection
25does not affect the finality or suspend the operation of the judgment or order

1terminating parental rights. A parent who has consented to the termination of his
2or her parental rights to an Indian child under s. 48.41 (2) (e) may also move for relief
3from the judgment under s. 48.028 (5) (c) or (6). Motions A motion for relief under
4this subsection or s. 48.028 (5) (c) or (6) and appeals to the court of appeals shall be
5the exclusive remedies for such a parent to obtain a new hearing in a termination of
6parental rights proceeding.
SB727,68 7Section 68. 48.46 (3) of the statutes is amended to read:
SB727,25,138 48.46 (3) An adoptive parent who has been granted adoption of a child under
9s. 48.91 (3) may not petition the court for a rehearing under sub. (1) or move the court
10under s. 806.07 for relief from the order granting adoption. A petition or motion for
11termination of parental rights under s. 48.42 and an appeal to the court of appeals
12shall be the exclusive remedies for an adoptive parent who wishes to end his or her
13parental relationship with his or her adopted child.
SB727,69 14Section 69. 48.83 (1) of the statutes is amended to read:
SB727,25,2515 48.83 (1) Except as provided in s. 48.028 (3) (b), the court of the county where
16the proposed adoptive parent or child resides or the court of the county where a
17petition or motion for termination of parental rights to the child was filed or granted
18under subch. VIII, upon the filing with that court of a petition for adoption or for the
19adoptive placement of a child, has jurisdiction over the child until the petition for
20adoption
is withdrawn, denied, or granted. Venue in a proceeding for adoption or
21adoptive placement of a child shall be in the county where the proposed adoptive
22parent or child resides at the time the petition for adoption is filed or in the county
23where a petition or motion for termination of parental rights to the child was filed
24or granted under subch. VIII. The court may transfer the case to a court in the county
25in which the proposed adoptive parents reside.
SB727,70
1Section 70. 48.835 (3) (title) of the statutes is amended to read:
SB727,26,32 48.835 (3) (title) Petition or motion for termination of parental rights
3required; exception.