48.42 (2) (bm) (intro.) and 1. of the statutes are consolidated, 25
renumbered 48.42 (2) (bm) and amended to read:
(bm) If the child is a nonmarital child who is under one year of age 2
at the time the petition is filed and who is not adopted or whose parents do not 3
subsequently intermarry under s. 767.803 and whose paternity has not been 4
established and if an affidavit under sub. (1g) (a) is filed with the petition: 1. A , a 5
person who has filed an unrevoked declaration of paternal interest under s. 48.025 6
before the birth of the child, within 14 days after the birth of the child, or within 21 7
days after a notice under sub. (1g) (b) is mailed, whichever is later.
48.42 (2) (bm) 2. of the statutes is repealed.
48.422 (1) of the statutes is amended to read:
Except as provided in s. 48.42 (2g) (ag), the hearing on the petition 11
to terminate parental rights shall be held within 30 days after the petition is filed. 12
At the hearing on the petition to terminate parental rights the court shall determine 13
whether any party wishes to contest the petition and inform the parties of their 14
rights under sub. (4) and
48.422 (4) of the statutes is repealed.
48.422 (5) of the statutes is amended to read:
Any nonpetitioning party, including the child, shall be granted a 18
continuance 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.
48.422 (6) (a) of the statutes is amended to read:
(a) In the case of a nonmarital child who is not adopted or whose 22
parents do not subsequently intermarry under s. 767.803 and for whom paternity 23
has not been established, or for whom a declaration of paternal interest has not been 24
filed 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)
(b) is mailed, the court shall hear testimony concerning the paternity of the child. 2
Based 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 5
appropriate notice to be given.
48.424 (title) of the statutes is amended to read:
(title) Fact-finding and dispositional hearing.
48.424 (1) (intro.) of the statutes is amended to read:
(intro.) The purpose of the fact-finding
portion of the fact-finding
hearing is to determine in cases in which the petition was contested 11
at the hearing on the petition under s. 48.422 all of the following:
48.424 (2) (intro.) of the statutes is amended to read:
(intro.) The fact-finding and dispositional
hearing shall be 14
conducted according to the procedure specified in s. 48.31 except as follows:
48.424 (3) of the statutes is amended to read:
48.424 (3) If the facts are determined by a jury, the jury may only The court
decide whether any grounds for the termination of parental rights have been 18
whether the allegations specified in s. 48.42 (1) (e) have been proved in 19
cases 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.
48.424 (4) (intro.) of the statutes is amended to read:
(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 25
found by the court or jury
, the court shall find the parent unfit. A finding of unfitness
shall 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
48.427. 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 7
days after the fact-finding hearing
if any of the following apply:
48.424 (5) of the statutes is amended to read:
If the court delays making a determination of whether the parent
10is unfit and making
a permanent disposition under sub. (4), it may transfer 11
temporary custody of the child to an agency for placement of the child until the 12fact-finding and
dispositional hearing is continued
. Placement of an Indian child 13
under this subsection shall comply with the order of placement preference under s. 14
48.028 (7) (b) or, if applicable, s. 48.028 (7) (c), unless the agency finds good cause, 15
as described in s. 48.028 (7) (e), for departing from that order.
48.427 (1m) of the statutes is amended to read:
In addition to any evidence presented under sub. (1), the court 18
shall give the foster parent or other physical custodian described in s. 48.62 (2) of the 19
child a right to be heard at the dispositional portion of the fact-finding and
hearing by permitting the foster parent or other physical custodian to 21
make a written or oral statement during the dispositional portion of the fact-finding
hearing, or to submit a written statement prior to disposition, 23
relevant to the issue of disposition. A foster parent or other physical custodian 24
described in s. 48.62 (2) who receives notice of a hearing under s. 48.42 (2g) (a) and 25
a right to be heard under this subsection does not become a party to the proceeding
on which the hearing is held solely on the basis of receiving that notice and right to 2
48.828 of the statutes is created to read:
448.828 Consent to adoption.
Except as provided in subs. (2) and (3), a 5
person who is eligible to file a declaration of paternal interest in matters affecting 6
a child under s. 48.025 and who fails to do so as provided in that section is deemed 7
to have irrevocably consented to the adoption of the child and to have disclaimed any 8
rights that he may have to the child, including the right to notice of proceedings 9
under this subchapter.
Subsection (1) does not apply with respect to the adoption of an Indian child.
Subsection (1) does not apply if, at the time a petition for adoption is filed, 12
any of the following applies:
(a) An action or motion to determine if the person is the child's father has been 14
filed and has not been resolved.
(b) The person has been acknowledged as the child's father under s. 767.805 or 16
a substantially similar law of another state and the acknowledgment has not been 17
(c) The person meets the conditions specified in s. 48.423 (2).
48.837 (5) of the statutes is amended to read:
48.837 (5) Attendance at hearing.
The child, if he or she is 12 years of age or 21
over, and each petitioner shall attend the hearing on the petition under sub. (2). The 22
child, if he or she is 12 years of age or over, and each parent having custody of the child 23
shall attend the hearing on the petition under sub. (3), except that a parent who has
24consented to the termination of his or her parental rights in writing under s. 48.41
25(2) (b), (bm), or (d) is not required to attend the hearing
. If the parent who has custody
of the child consents and the court approves, the proposed adoptive parents may be 2
present at the hearing on the petition under sub. (3). The court may, for good cause, 3
waive the requirement that the child attend either of the hearings.
48.913 (1) (em) of the statutes is created to read:
(em) Services provided in connection with the adoption by a private 6
child placing agency, as defined in s. 48.99 (2) (p), operating lawfully under the laws 7
of another state.
(1) Elimination of jury trials and combining fact-finding and dispositional
10hearings in termination of parental rights proceedings.
The treatment of ss. 48.31 11
(2) and (4), 48.415 (intro.) and (9) (a), 48.422 (1), (4), and (5), 48.424 (title), (1) (intro.), 12
(2) (intro.), (3), (4) (intro.), and (5), and 48.427 (1m) first applies to a termination of 13
parental rights proceeding in which the initial hearing under s. 48.422 (1) is held on 14
the effective date of this subsection.
(2) Termination of parental rights.
The treatment of ss. 48.41 (2) (cm), 48.415 16
(1) (a) 4. and 5. and (6) (b), 48.42 (2) (b) (intro.), 1., 2., and 3. and (bm) (intro.), 1., and 17
2., and 48.422 (6) (a) first applies to a termination of parental rights proceeding for 18
which the petition is filed on the effective date of this subsection.
(3) Consent to adoption.
The treatment of s. 48.828 first applies to an adoption 20
for which the petition is filed on the effective date of this subsection.