AB566-ASA1,33
22Section 33
. 48.42 (1m) (a) of the statutes is amended to read:
AB566-ASA1,14,623
48.42
(1m) (a) If the petition filed under sub. (1)
or motion filed under sub. (1d) 24includes a statement of the grounds for involuntary termination of parental rights
25under sub. (1) (c) 2., the petitioner
or movant may, at the time the petition under sub.
1(1)
or motion under sub. (1d) is filed, also petition the court for a temporary order and
2an injunction prohibiting the person whose parental rights are sought to be
3terminated from visiting or contacting the child who is the subject of the petition
4under
sub. (1) or motion. Any petition under this paragraph shall allege facts
5sufficient to show that prohibiting visitation or contact would be in the best interests
6of the child.
AB566-ASA1,34
7Section
34. 48.42 (1m) (b) of the statutes is amended to read:
AB566-ASA1,14,138
48.42
(1m) (b) Subject to par. (e), the court may issue the temporary order ex
9parte or may refuse to issue the temporary order and hold a hearing on whether to
10issue an injunction. The temporary order is in effect until a hearing is held on the
11issuance of an injunction. The court shall hold a hearing on the issuance of an
12injunction on or before the date of the hearing on the petition
or motion to terminate
13parental rights under s. 48.422 (1).
AB566-ASA1,35
14Section
35. 48.42 (1m) (c) of the statutes is amended to read:
AB566-ASA1,14,2115
48.42
(1m) (c) Notwithstanding any other order under s. 48.355 (3), the court,
16subject to par. (e), may grant an injunction prohibiting the respondent from visiting
17or contacting the child if the court determines that the prohibition would be in the
18best interests of the child. An injunction under this subsection is effective according
19to its terms but may not remain in effect beyond the date the court dismisses the
20petition
or motion for termination of parental rights under s. 48.427 (2) or issues an
21order terminating parental rights under s. 48.427 (3).
AB566-ASA1,36
22Section
36. 48.42 (2) (intro.) of the statutes is amended to read:
AB566-ASA1,14,2523
48.42
(2) Who must be summoned. (intro.) Except as provided in sub. (2m), the
24petitioner
or movant shall cause the summons and petition
or motion to terminate
25parental rights to be served upon the following persons:
AB566-ASA1,37
1Section
37. 48.42 (2) (bm) (intro.) of the statutes is amended to read:
AB566-ASA1,15,62
48.42
(2) (bm) (intro.) If the child is a nonmarital child who is under one year
3of age at the time the petition
or motion to terminate parental rights is filed and who
4is not adopted or whose parents do not subsequently intermarry under s. 767.803 and
5whose paternity has not been established and if an affidavit under sub. (1g) (a) is filed
6with the petition
or motion to terminate parental rights:
AB566-ASA1,38
7Section
38. 48.42 (2g) (a) of the statutes is amended to read:
AB566-ASA1,15,198
48.42
(2g) (a) In addition to causing the summons and petition
or motion to
9terminate parental rights to be served as required under sub. (2), the petitioner
or
10movant shall also notify any foster parent or other physical custodian described in
11s. 48.62 (2) of the child of all hearings on the petition
or motion. The first notice to
12any foster parent or other physical custodian described in s. 48.62 (2) shall be
13written, shall have a copy of the petition
or motion attached to it, shall state the
14nature, location, date, and time of the initial hearing and shall be mailed to the
15last-known address of the foster parent or other physical custodian described in s.
1648.62 (2). Thereafter, notice of hearings may be given by telephone at least 72 hours
17before the time of the hearing. The person giving telephone notice shall place in the
18case file a signed statement of the time notice was given and the person to whom he
19or she spoke.
AB566-ASA1,39
20Section
39. 48.42 (2g) (ag) of the statutes is amended to read:
AB566-ASA1,16,1021
48.42
(2g) (ag) In the case of an involuntary termination of parental rights to
22a child whom the petitioner
or movant knows or has reason to know is an Indian
23child, the petitioner
or movant shall cause the summons and petition
or motion to be
24served on the Indian child's parent and Indian custodian in the manner specified in
25s. 48.028 (4) (a). In like manner, the petitioner
or movant shall also notify the Indian
1child's tribe of all hearings on the petition
or motion. The first notice to an Indian
2child's tribe shall be written, shall have a copy of the petition
or motion attached to
3it, and shall state the nature, location, date, and time of the initial hearing. No
4hearing may be held on the petition
or motion until at least 10 days after receipt of
5notice of the hearing by the Indian child's parent, Indian custodian, and tribe or, if
6the identity or location of the Indian child's parent, Indian custodian, or tribe cannot
7be determined, until at least 15 days after receipt of the notice by the U.S. secretary
8of the interior. On request of the Indian child's parent, Indian custodian, or tribe, the
9court shall grant a continuance of up to 20 additional days to enable the requester
10to prepare for the hearing.
AB566-ASA1,40
11Section
40. 48.42 (2m) of the statutes is amended to read:
AB566-ASA1,16,2512
48.42
(2m) Notice not required. (a)
Parent as a result of sexual assault. 13Except as provided in this paragraph, notice is not required to be given to a person
14who may be the father of a child conceived as a result of a sexual assault in violation
15of s. 940.225 (1), (2) or (3), 948.02 (1) or (2), 948.025, or 948.085 if a physician attests
16to his or her belief that a sexual assault as specified in this paragraph has occurred
17or if the person who may be the father of the child has been convicted of sexual assault
18as specified in this paragraph for conduct which may have led to the child's
19conception. A person who under this paragraph is not given notice does not have
20standing to appear and contest a petition
or motion for the termination of his
21parental rights, present evidence relevant to the issue of disposition, or make
22alternative dispositional recommendations. This paragraph does not apply to a
23person who may be the father of a child conceived as a result of a sexual assault in
24violation of s. 948.02 (1) or (2) if that person was under 18 years of age at the time
25of the sexual assault.
AB566-ASA1,17,11
1(b)
Parent of nonmarital child. A person who may be the father of a nonmarital
2child who is not adopted or whose parents do not subsequently intermarry under s.
3767.803 and whose paternity has not been established, by virtue of the fact that he
4has engaged in sexual intercourse with the mother of the child, is considered to be
5on notice that a pregnancy and a termination of parental rights proceeding
6concerning the child may occur, and has the duty to protect his own rights and
7interests. He is therefore entitled to actual notice of such a proceeding only as
8provided in sub. (2) (b) or (bm). A person who is not entitled to notice under sub. (2)
9(b) or (bm) does not have standing to appear and contest a petition
or motion for the
10termination of his parental rights, present evidence relevant to the issue of
11disposition, or make alternative dispositional recommendations.
AB566-ASA1,41
12Section
41. 48.42 (4) (title) of the statutes is amended to read:
AB566-ASA1,17,1413
48.42
(4) (title)
Manner of serving summons and petition or motion to
14terminate parental rights.
AB566-ASA1,42
15Section
42. 48.42 (4) (a) of the statutes is amended to read:
AB566-ASA1,17,2216
48.42
(4) (a)
Personal service. Except as provided in this paragraph, par. (b),
17and sub. (2g) (ag), a copy of the summons and petition
or motion to terminate
18parental rights shall be served personally upon the parties specified in sub. (2), if
19known, at least 7 days before the date of the hearing. Service of summons is not
20required if the party submits to the jurisdiction of the court. Service upon parties
21who are not natural persons and upon persons under a disability shall be as
22prescribed in s. 801.11.
AB566-ASA1,43
23Section
43. 48.42 (4) (b) 3. of the statutes is amended to read:
AB566-ASA1,18,224
48.42
(4) (b) 3. At the time the petition
or motion to terminate parental rights 25is filed, the petitioner
or movant may move the court for an order waiving the
1requirement of constructive notice to a person who, although his identity is
2unknown, may be the father of a nonmarital child.
AB566-ASA1,44
3Section
44. 48.42 (4) (b) 4. (intro.) of the statutes is amended to read:
AB566-ASA1,18,174
48.42
(4) (b) 4. (intro.) A notice published under this subsection shall be
5published as a class 1 notice under ch. 985. In determining which newspaper is likely
6to give notice as required under s. 985.02 (1), the petitioner
, movant, or court shall
7consider the residence of the party, if known, or the residence of the relatives of the
8party, if known, or the last-known location of the party. If the party's post-office
9address is known or can, with due diligence, be ascertained, a copy of the summons
10and petition
or motion to terminate parental rights shall be mailed to the party upon
11or immediately prior to the first publication. The mailing may be omitted if the
12petitioner
or movant shows that the post-office address cannot be obtained with due
13diligence. Except as provided in subd. 5., the notice shall include the date, place and
14circuit court branch for the hearing, the court file number, the name, address and
15telephone number of the petitioner's
or movant's attorney and information the court
16determines to be necessary to give effective notice to the party or parties. Such
17information shall include the following, if known:
AB566-ASA1,45
18Section
45. 48.422 (title) of the statutes is amended to read:
AB566-ASA1,18,20
1948.422 (title)
Hearing on the petition or motion to terminate parental
20rights.
AB566-ASA1,46
21Section
46. 48.422 (1) of the statutes is amended to read:
AB566-ASA1,19,222
48.422
(1) Except as provided in s. 48.42 (2g) (ag), the hearing on the petition
23or motion to terminate parental rights shall be held within 30 days after the petition
24or motion is filed. At the hearing on the petition
or motion to terminate parental
1rights the court shall determine whether any party wishes to contest the petition
or
2motion and inform the parties of their rights under sub. (4) and s. 48.423.