SB232,12,218
48.415
(6) (b) In this subsection, “substantial parental relationship" means the
19acceptance and exercise of significant responsibility for the daily supervision,
20education, protection
, and care of the child. In evaluating whether the person has
21had a substantial parental relationship with the child, the court may consider
such 22factors
, including
, but not limited to, whether the person has
expressed concern for
23or interest in the provided care or support
, care or well-being of for the child
, and 24whether the person has neglected or refused to provide care or support for the child
25and whether, with respect to a person who is or may be the father of the child, the
1person has expressed concern for or interest in the support, care or well-being of the
2mother during her pregnancy.
SB232,9
3Section
9. 48.415 (9) (a) of the statutes is amended to read:
SB232,12,114
48.415
(9) (a) Parenthood as a result of sexual assault, which shall be
5established by proving that the child was conceived as a result of a sexual assault in
6violation of s. 940.225 (1), (2) or (3), 948.02 (1) or (2), 948.025, or 948.085. Conception
7as a result of sexual assault as specified in this paragraph may be proved by a final
8judgment of conviction or other evidence produced at
the fact-finding portion of a
9fact-finding
and dispositional hearing under s. 48.424 indicating that the person
10who may be the father of the child committed, during a possible time of conception,
11a sexual assault as specified in this paragraph against the mother of the child.
SB232,10
12Section
10. 48.42 (2) (a) of the statutes is amended to read:
SB232,12,1413
48.42
(2) (a) The parent or parents of the child, unless the child's parent has
14waived the right to notice under s. 48.41 (2)
(bm) or (d).
SB232,11
15Section
11. 48.42 (2) (b) (intro.) and 1. of the statutes are consolidated,
16renumbered 48.42 (2) (b) and amended to read:
SB232,12,2117
48.42
(2) (b) Except as provided in par. (bm), if the child is a nonmarital child
18who is not adopted or whose parents do not subsequently intermarry under s.
19767.803 and whose paternity has not been established
: 1. A , a person who has filed
20an unrevoked declaration of paternal interest under s. 48.025 before the birth of the
21child or within 14 days after the birth of the child.
SB232,12
22Section
12. 48.42 (2) (b) 2. of the statutes is repealed.
SB232,13
23Section
13. 48.42 (2) (b) 3. of the statutes is repealed.
SB232,14
24Section
14. 48.42 (2) (bm) (intro.) and 1. of the statutes are consolidated,
25renumbered 48.42 (2) (bm) and amended to read:
SB232,13,7
148.42
(2) (bm) If the child is a nonmarital child who is under one year of age
2at the time the petition is filed and who is not adopted or whose parents do not
3subsequently intermarry under s. 767.803 and whose paternity has not been
4established and if an affidavit under sub. (1g) (a) is filed with the petition
: 1. A , a 5person who has filed an unrevoked declaration of paternal interest under s. 48.025
6before the birth of the child, within 14 days after the birth of the child, or within 21
7days after a notice under sub. (1g) (b) is mailed, whichever is later.
SB232,15
8Section
15. 48.42 (2) (bm) 2. of the statutes is repealed.
SB232,16
9Section
16. 48.422 (1) of the statutes is amended to read:
SB232,13,1410
48.422
(1) Except as provided in s. 48.42 (2g) (ag), the hearing on the petition
11to terminate parental rights shall be held within 30 days after the petition is filed.
12At the hearing on the petition to terminate parental rights the court shall determine
13whether any party wishes to contest the petition and inform the parties of their
14rights under
sub. (4) and s. 48.423.
SB232,17
15Section
17. 48.422 (4) of the statutes is repealed.
SB232,18
16Section
18. 48.422 (5) of the statutes is amended to read:
SB232,13,1917
48.422
(5) Any nonpetitioning party, including the child, shall be granted a
18continuance of the hearing for the purpose of consulting with an attorney
on the
19request for a jury trial or concerning a request for the substitution of a judge.
SB232,19
20Section
19. 48.422 (6) (a) of the statutes is amended to read:
SB232,14,521
48.422
(6) (a) In the case of a nonmarital child who is not adopted or whose
22parents do not subsequently intermarry under s. 767.803 and for whom paternity
23has not been established, or for whom a declaration of paternal interest has not been
24filed under s. 48.025 within 14 days after the date of birth of the child or, if s. 48.42
25(1g) (b) applies, within 21 days after the date on which the notice under s. 48.42 (1g)
1(b) is mailed, the court shall hear testimony concerning the paternity of the child.
2Based on the testimony, the court shall determine whether all interested parties
who 3are known have been notified for whom notice is required under s. 48.42 (2) and (2g)
4(ag)
have been notified. If not, the court shall adjourn the hearing and order
5appropriate notice to be given.
SB232,20
6Section
20. 48.424 (title) of the statutes is amended to read:
SB232,14,7
748.424 (title)
Fact-finding and dispositional hearing.
SB232,21
8Section
21. 48.424 (1) (intro.) of the statutes is amended to read:
SB232,14,119
48.424
(1) (intro.) The purpose of the fact-finding
portion of the fact-finding
10and dispositional hearing is to determine in cases in which the petition was contested
11at the hearing on the petition under s. 48.422 all of the following:
SB232,22
12Section
22. 48.424 (2) (intro.) of the statutes is amended to read:
SB232,14,1413
48.424
(2) (intro.) The fact-finding
and dispositional hearing shall be
14conducted according to the procedure specified in s. 48.31 except as follows:
SB232,23
15Section
23. 48.424 (3) of the statutes is amended to read:
SB232,14,2016
48.424
(3) If the facts are determined by a jury, the jury may only The court
17shall decide whether any grounds for the termination of parental rights have been
18proved
and, whether the allegations specified in s. 48.42 (1) (e) have been proved in
19cases involving the involuntary termination of parental rights to an Indian child
.
20The court shall decide, and what disposition is in the best interest of the child.
SB232,24
21Section
24. 48.424 (4) (intro.) of the statutes is amended to read:
SB232,15,722
48.424
(4) (intro.)
The court shall hear all evidence relevant to the issues under
23sub. (1) and to the issue of disposition under s. 48.427 before making a determination
24of whether the parent is unfit. If grounds for the termination of parental rights are
25found by the court
or jury, the court shall find the parent unfit. A finding of unfitness
1shall not preclude a dismissal of a petition under s. 48.427 (2).
Except as provided
2in s. 48.23 (2) (b) 3., the The court shall then proceed immediately to
hear evidence
3and motions related to the dispositions enumerated in make a disposition under s.
448.427. Except as provided in s. 48.42 (2g) (ag), the court may delay making
a
5determination of whether the parent is unfit and making the disposition
and set a
6date for a dispositional hearing by granting a continuance of no
later longer than 45
7days
after the fact-finding hearing if any of the following apply: