SB727,23 12Section 23. 48.417 (1) (c) of the statutes is amended to read:
SB727,10,2313 48.417 (1) (c) A court of competent jurisdiction has found that the parent has
14committed, has aided or abetted the commission of, or has solicited, conspired, or
15attempted to commit, a violation of s. 940.01, 940.02, 940.03, or 940.05 or a violation
16of the law of any other state or federal law, if that violation would be a violation of
17s. 940.01, 940.02, 940.03, or 940.05 if committed in this state, and that the victim of
18that violation is a child of the parent. If the circumstances specified in this paragraph
19apply, the petition or motion to terminate parental rights shall be filed or joined in
20within 60 days after the date on which the court assigned to exercise jurisdiction
21under this chapter determines, based on a finding that a circumstance specified in
22this paragraph applies, that reasonable efforts to make it possible for the child to
23return safely to his or her home are not required.
SB727,24 24Section 24. 48.417 (1) (d) of the statutes is amended to read:
SB727,11,14
148.417 (1) (d) A court of competent jurisdiction has found that the parent has
2committed a violation of s. 940.19 (3), 1999 stats., a violation of s. 940.19 (2), (4), or
3(5), 940.225 (1) or (2), 948.02 (1) or (2), 948.025, 948.03 (2) (a), (3) (a), or (5) (a) 1., 2.,
4or 3., 948.051, or 948.085, a violation of s. 940.302 (2) if s. 940.302 (2) (a) 1. b. applies,
5or a violation of the law of any other state or federal law, if that violation would be
6a violation listed under this paragraph if committed in this state, and that the
7violation resulted in great bodily harm, as defined in s. 939.22 (14), or in substantial
8bodily harm, as defined in s. 939.22 (38), to the child or another child of the parent.
9If the circumstances specified in this paragraph apply, the petition or motion to
10terminate parental rights
shall be filed or joined in within 60 days after the date on
11which the court assigned to exercise jurisdiction under this chapter determines,
12based on a finding that a circumstance specified in this paragraph applies, that
13reasonable efforts to make it possible for the child to return safely to his or her home
14are not required.
SB727,25 15Section 25 . 48.417 (2) (intro.) of the statutes is amended to read:
SB727,11,2416 48.417 (2) Filing or joining in petition or motion; when not required. (intro.)
17Notwithstanding that any of the circumstances specified in sub. (1) (a), (b), (c) or (d)
18may apply, an agency or the district attorney, corporation counsel or other
19appropriate official designated under s. 48.09 need not file a petition under s. 48.42
20(1) or motion under s. 48.42 (1d) to terminate the parental rights of a parent or the
21parents of a child, or, if a petition under s. 48.42 (1) or motion to terminate those
22parental rights has already been filed, the agency, district attorney, corporation
23counsel or other appropriate official need not join in the petition, if any of the
24following circumstances apply:
SB727,26 25Section 26. 48.417 (3) of the statutes is amended to read:
SB727,12,7
148.417 (3) Concurrent adoption efforts required. If a petition or motion to
2terminate parental rights
is filed or joined in as required under sub. (1), the agency
3primarily responsible for providing services to the child under a court order shall,
4during the pendency of the proceeding on the petition or motion, work with the
5agency identified in the report under s. 48.425 (1) (f) that would be responsible for
6accomplishing the adoption of the child in processing and approving a qualified
7family for the adoption of the child.
SB727,27 8Section 27. 48.417 (4) of the statutes is amended to read:
SB727,12,119 48.417 (4) Notice to department. If a petition or motion to terminate parental
10rights
is filed or joined in as required under sub. (1), the person who filed or joined
11in the petition or motion shall notify the department of that filing or joinder.
SB727,28 12Section 28 . 48.42 (1) (intro.) of the statutes is amended to read:
SB727,12,1713 48.42 (1) Petition. (intro.) A Except as provided under sub. (1d), a proceeding
14for the termination of parental rights shall be initiated by petition which may be filed
15by the child's parent, an agency or a person authorized to file a petition under s. 48.25
16or 48.835. The petition shall be entitled “In the interest of .......... (child's name), a
17person under the age of 18" and shall set forth with specificity:
SB727,29 18Section 29 . 48.42 (1d) of the statutes is created to read:
SB727,13,219 48.42 (1d) Motion to terminate parental rights of a child alleged to be in
20need of protection or services.
If there is an open proceeding under s. 48.13 for the
21child, the termination of parental rights may be initiated by filing a motion in that
22open proceeding. A motion under this subsection may be filed by the child's parent,
23an agency, or a person authorized to file a petition under s. 48.25 or 48.835, who is
24a party to the open proceeding, and shall set forth with specificity the information

1required in sub. (1) (c) and (e). A motion filed under this subsection is subject to the
2procedures of this subchapter.
SB727,30 3Section 30. 48.42 (1g) (a) (intro.) of the statutes is amended to read:
SB727,13,144 48.42 (1g) (a) (intro.) Except as provided in par. (c), if the petition or motion to
5terminate parental rights
is filed by a person or agency other than the district
6attorney, corporation counsel, or other appropriate official under s. 48.09; if the
7petition or motion seeks to terminate the parental rights of a person who may be the
8father of a nonmarital child who is under one year of age at the time the petition or
9motion
is filed, who is not adopted or whose parents do not subsequently intermarry
10under s. 767.803, and whose paternity has not been established; and if the mother
11of the child has voluntarily consented to or seeks to voluntarily consent to the
12termination of her parental rights to the child, the petitioner or movant may file with
13the petition or motion an affidavit signed by the mother that includes all of the
14following:
SB727,31 15Section 31. 48.42 (1g) (b) of the statutes is amended to read:
SB727,13,2416 48.42 (1g) (b) The petitioner or movant shall notify any man identified in the
17affidavit under par. (a) as an alleged father of his right to file a declaration of paternal
18interest under s. 48.025 before the birth of the child, within 14 days after the birth
19of the child, or within 21 days after the date on which the notice is mailed, whichever
20is later; of the birth date or anticipated birth date of the child; and of the
21consequences of filing or not filing a declaration of paternal interest. The petitioner
22or movant shall include with the notice a copy of the form required to file a
23declaration of paternal interest under s. 48.025. The notice shall be sent by certified
24mail to the last-known address of the alleged father.
SB727,32 25Section 32. 48.42 (1g) (c) of the statutes is amended to read:
SB727,14,2
148.42 (1g) (c) If an affidavit under par. (a) is not filed with the petition or
2motion
, notice shall be given to an alleged father under sub. (2).
SB727,33 3Section 33 . 48.42 (1m) (a) of the statutes is amended to read:
SB727,14,124 48.42 (1m) (a) If the petition filed under sub. (1) or motion filed under sub. (1d)
5includes a statement of the grounds for involuntary termination of parental rights
6under sub. (1) (c) 2., the petitioner or movant may, at the time the petition under sub.
7(1) or motion under sub. (1d) is filed, also petition the court for a temporary order and
8an injunction prohibiting the person whose parental rights are sought to be
9terminated from visiting or contacting the child who is the subject of the petition
10under sub. (1) or motion. Any petition under this paragraph shall allege facts
11sufficient to show that prohibiting visitation or contact would be in the best interests
12of the child.
SB727,34 13Section 34. 48.42 (1m) (b) of the statutes is amended to read:
SB727,14,1914 48.42 (1m) (b) Subject to par. (e), the court may issue the temporary order ex
15parte or may refuse to issue the temporary order and hold a hearing on whether to
16issue an injunction. The temporary order is in effect until a hearing is held on the
17issuance of an injunction. The court shall hold a hearing on the issuance of an
18injunction on or before the date of the hearing on the petition or motion to terminate
19parental rights under s. 48.422 (1).
SB727,35 20Section 35. 48.42 (1m) (c) of the statutes is amended to read:
SB727,15,221 48.42 (1m) (c) Notwithstanding any other order under s. 48.355 (3), the court,
22subject to par. (e), may grant an injunction prohibiting the respondent from visiting
23or contacting the child if the court determines that the prohibition would be in the
24best interests of the child. An injunction under this subsection is effective according
25to its terms but may not remain in effect beyond the date the court dismisses the

1petition or motion for termination of parental rights under s. 48.427 (2) or issues an
2order terminating parental rights under s. 48.427 (3).
SB727,36 3Section 36. 48.42 (2) (intro.) of the statutes is amended to read:
SB727,15,64 48.42 (2) Who must be summoned. (intro.) Except as provided in sub. (2m), the
5petitioner or movant shall cause the summons and petition or motion to terminate
6parental rights
to be served upon the following persons:
SB727,37 7Section 37. 48.42 (2) (bm) (intro.) of the statutes is amended to read: