SB727,14,19 48.42 (1m) (b) Subject to par. (e), the court may issue the temporary order ex parte or may refuse to issue the temporary order and hold a hearing on whether to issue an injunction. The temporary order is in effect until a hearing is held on the issuance of an injunction. The court shall hold a hearing on the issuance of an injunction on or before the date of the hearing on the petition or motion to terminate parental rights under s. 48.422 (1).

SB727,35 Section 35. 48.42 (1m) (c) of the statutes is amended to read:

SB727,15,2 48.42 (1m) (c) Notwithstanding any other order under s. 48.355 (3), the court, subject to par. (e), may grant an injunction prohibiting the respondent from visiting or contacting the child if the court determines that the prohibition would be in the best interests of the child. An injunction under this subsection is effective according to its terms but may not remain in effect beyond the date the court dismisses the petition or motion for termination of parental rights under s. 48.427 (2) or issues an order terminating parental rights under s. 48.427 (3).

SB727,36 Section 36. 48.42 (2) (intro.) of the statutes is amended to read:

SB727,15,6 48.42 (2) Who must be summoned. (intro.) Except as provided in sub. (2m), the petitioner or movant shall cause the summons and petition or motion to terminate parental rights to be served upon the following persons:

SB727,37 Section 37. 48.42 (2) (bm) (intro.) of the statutes is amended to read:

SB727,15,12 48.42 (2) (bm) (intro.) If the child is a nonmarital child who is under one year of age at the time the petition or motion to terminate parental rights is filed and who is not adopted or whose parents do not subsequently intermarry under s. 767.803 and whose paternity has not been established and if an affidavit under sub. (1g) (a) is filed with the petition or motion to terminate parental rights:

SB727,38 Section 38. 48.42 (2g) (a) of the statutes is amended to read:

SB727,15,25 48.42 (2g) (a) In addition to causing the summons and petition or motion to terminate parental rights to be served as required under sub. (2), the petitioner or movant shall also notify any foster parent or other physical custodian described in s. 48.62 (2) of the child of all hearings on the petition or motion. The first notice to any foster parent or other physical custodian described in s. 48.62 (2) shall be written, shall have a copy of the petition or motion attached to it, shall state the nature, location, date, and time of the initial hearing and shall be mailed to the last-known address of the foster parent or other physical custodian described in s. 48.62 (2). Thereafter, notice of hearings may be given by telephone at least 72 hours before the time of the hearing. The person giving telephone notice shall place in the case file a signed statement of the time notice was given and the person to whom he or she spoke.

SB727,39 Section 39. 48.42 (2g) (ag) of the statutes is amended to read:

SB727,16,16 48.42 (2g) (ag) In the case of an involuntary termination of parental rights to a child whom the petitioner or movant knows or has reason to know is an Indian child, the petitioner or movant shall cause the summons and petition or motion to be served on the Indian child's parent and Indian custodian in the manner specified in s. 48.028 (4) (a). In like manner, the petitioner or movant shall also notify the Indian child's tribe of all hearings on the petition or motion. The first notice to an Indian child's tribe shall be written, shall have a copy of the petition or motion attached to it, and shall state the nature, location, date, and time of the initial hearing. No hearing may be held on the petition or motion until at least 10 days after receipt of notice of the hearing by the Indian child's parent, Indian custodian, and tribe or, if the identity or location of the Indian child's parent, Indian custodian, or tribe cannot be determined, until at least 15 days after receipt of the notice by the U.S. secretary of the interior. On request of the Indian child's parent, Indian custodian, or tribe, the court shall grant a continuance of up to 20 additional days to enable the requester to prepare for the hearing.

SB727,40 Section 40. 48.42 (2m) of the statutes is amended to read:

SB727,17,6 48.42 (2m) Notice not required. (a) Parent as a result of sexual assault. Except as provided in this paragraph, notice is not required to be given to a person who may be the father of a child conceived as a result of a sexual assault in violation of s. 940.225 (1), (2) or (3), 948.02 (1) or (2), 948.025, or 948.085 if a physician attests to his or her belief that a sexual assault as specified in this paragraph has occurred or if the person who may be the father of the child has been convicted of sexual assault as specified in this paragraph for conduct which may have led to the child's conception. A person who under this paragraph is not given notice does not have standing to appear and contest a petition or motion for the termination of his parental rights, present evidence relevant to the issue of disposition, or make alternative dispositional recommendations. This paragraph does not apply to a person who may be the father of a child conceived as a result of a sexual assault in violation of s. 948.02 (1) or (2) if that person was under 18 years of age at the time of the sexual assault.

SB727,17,17 (b) Parent of nonmarital child. A person who may be the father of a nonmarital child who is not adopted or whose parents do not subsequently intermarry under s. 767.803 and whose paternity has not been established, by virtue of the fact that he has engaged in sexual intercourse with the mother of the child, is considered to be on notice that a pregnancy and a termination of parental rights proceeding concerning the child may occur, and has the duty to protect his own rights and interests. He is therefore entitled to actual notice of such a proceeding only as provided in sub. (2) (b) or (bm). A person who is not entitled to notice under sub. (2) (b) or (bm) does not have standing to appear and contest a petition or motion for the termination of his parental rights, present evidence relevant to the issue of disposition, or make alternative dispositional recommendations.

SB727,41 Section 41. 48.42 (4) (title) of the statutes is amended to read:

SB727,17,20 48.42 (4) (title) Manner of serving summons and petition or motion to terminate parental rights.

SB727,42 Section 42. 48.42 (4) (a) of the statutes is amended to read:

SB727,18,3 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.

SB727,43 Section 43. 48.42 (4) (b) 3. of the statutes is amended to read:

SB727,18,8 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.

SB727,44 Section 44. 48.42 (4) (b) 4. (intro.) of the statutes is amended to read:

SB727,18,23 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:

SB727,45 Section 45. 48.422 (title) of the statutes is amended to read:

SB727,19,2 48.422 (title) Hearing on the petition or motion to terminate parental rights.

SB727,46 Section 46. 48.422 (1) of the statutes is amended to read:

SB727,19,8 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.

SB727,47 Section 47. 48.422 (2) of the statutes is amended to read:

SB727,19,14 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.

SB727,48 Section 48. 48.422 (3) of the statutes is amended to read: