This bill allows payments to be made to an out-of-state private child placing
agency for services provided in connection with an adoption. The bill defines a
private child placing agency as a private corporation, agency, foundation, institution,
or charitable organization, or any private person or attorney, that facilitates, causes,
or is involved in the placement of a child from one state to another state. Current
law allows payments for such services only to a child welfare agency licensed in this
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
48.31 (2) of the statutes is amended to read:
48.31 (2) The A
hearing on a termination of parental rights petition
shall be 2
to the court. A hearing on a petition under s. 48.13 or 48.133 shall be to the court 3
unless the child, the child's parent, guardian, or legal custodian, the unborn child's 4
guardian ad litem, or the expectant mother of the unborn child exercises the right 5
to a jury trial by demanding a jury trial at any time before or during the plea hearing. 6
If a jury trial is demanded in a proceeding under s. 48.13 or 48.133, the jury shall 7
consist of 6 persons. If a jury trial is demanded in a proceeding under s. 48.42, the
8jury shall consist of 12 persons unless the parties agree to a lesser number.
756 and 805 shall govern the selection of jurors. If the hearing involves a child victim 10
or witness, as defined in s. 950.02, the court may order that a deposition be taken by 11
audiovisual means and allow the use of a recorded deposition under s. 967.04 (7) to 12
(10) and, with the district attorney, shall comply with s. 971.105. At the conclusion 13
of the a
hearing on a termination of parental rights petition
, the court shall make a
14determination of the facts. At the conclusion of a hearing on a petition under s. 48.13
15or 48.133, the court
or jury shall make a determination of the facts, except that in a 16
case alleging a child or an unborn child to be in need of protection or services under 17
s. 48.13 or 48.133, the court shall make the determination under s. 48.13 (intro.) or 18
48.133 relating to whether the child or unborn child is in need of protection or 19
services that can be ordered by the court. If the court finds that the child or unborn 20
child is not within the jurisdiction of the court or, in a case alleging a child or an 21
unborn child to be in need of protection or services under s. 48.13 or 48.133, that the 22
child or unborn child is not in need of protection or services that can be ordered by 23
the court, or if the court or jury finds that the facts alleged in the petition have not 24
been proved, the court shall dismiss the petition with prejudice.
48.31 (4) of the statutes is amended to read:
The court shall make findings of fact and conclusions of law relating
2to the allegations of a petition filed under s. 48.42. The court
or jury shall make 3
findings of fact and the court shall make conclusions of law relating to the allegations 4
of a petition filed under s. 48.13, or
48.133 or 48.42
, except that the court shall make 5
findings of fact relating to whether the child or unborn child is in need of protection 6
or services which that
can be ordered by the court. In cases alleging a child to be in 7
need of protection or services under s. 48.13 (11), the court may not find that the child 8
is suffering emotional damage unless a licensed physician specializing in psychiatry 9
or a licensed psychologist appointed by the court to examine the child has testified 10
at the hearing that in his or her opinion the condition exists, and adequate 11
opportunity for the cross-examination of the physician or psychologist has been 12
afforded. The judge may use the written reports if the right to have testimony 13
presented is voluntarily, knowingly,
and intelligently waived by the guardian ad 14
litem or legal counsel for the child and the parent or guardian. In cases alleging a 15
child to be in need of protection or services under s. 48.13 (11m) or an unborn child 16
to be in need of protection or services under s. 48.133, the court may not find that the 17
child or the expectant mother of the unborn child is in need of treatment and 18
education for needs and problems related to the use or abuse of alcohol beverages, 19
or controlled substance analogs and its medical, personal, 20
or social effects unless an assessment for alcohol and other drug abuse that 21
conforms to the criteria specified under s. 48.547 (4) has been conducted by an 22
approved treatment facility.
48.41 (2) (bm) of the statutes is created to read:
(bm) 1. An adult mother or adult presumed or alleged father may 25
consent to the termination of any parental rights that he or she may have with
respect to a child who is not an Indian child as provided in par. (a) or (b) or by filing 2
with the court an affidavit of disclaimer of parental rights that is witnessed by 2 3
persons and notarized and that meets the requirements under subds. 2. to 7.
2. All of the following apply to the disclaimer of parental rights in an affidavit 5
under subd. 1.:
a. The disclaimer may not be executed after the birth of the child until 72 hours 7
after the birth of the child. The presumed or alleged father may, but the mother may 8
not, execute the disclaimer before the birth of the child.
b. The disclaimer, if executed by the presumed or alleged father before the birth 10
of the child, is revocable until 72 hours after the birth of the child, as provided under 11
c. The disclaimer is irrevocable if executed 72 hours or more after the birth of 13
the child or if not revoked before 72 hours after the birth of the child, unless it was 14
obtained by fraud or duress.
d. Except as provided in subd. 2. e. and s. 48.028 (5) (b) and (c) and (6), no action 16
to invalidate the disclaimer, including an action based on fraud or duress, may be 17
commenced more than 6 months after the date the affidavit was executed.
e. If the petition to terminate parental rights is granted, no action to invalidate 19
the disclaimer may be commenced later than the time limits allowed for filing a 20
motion for relief from judgment under s. 48.46 (2).
3. An affidavit under subd. 1. shall contain all of the following:
a. The name, county of residence, and age of the parent whose parental rights 23
are being terminated.
b. The name, age, and birth date of the child, if born.
c. The names and addresses of the guardians of the person and of the estate of 2
the child, if any.
d. A statement of whether the person whose parental rights are being 4
terminated is or is not presently obligated by court order to make payments for the 5
support of the child.
e. A full description and statement of value of all property the child owns or 7
f. An allegation that termination of parental rights is in the best interest of the 9
g. The name and county of residence of any other presumed or alleged parent, 11
a statement that the parental rights of the other presumed or alleged parent have 12
been terminated by death or court order, or a statement that the child has no 13
h. A statement containing the information and understandings specified in 15
i. A statement that the child is not an Indian child.
4. An affidavit under subd. 1. shall contain a statement that the person whose 18
parental rights are being terminated has been informed of and understands all of the 19
a. His or her potential parental rights and duties.
am. The parenting-related services that would be available to him or her if he 22
or she chose not to consent to the termination of his or her parental rights.
b. The effect of an order to terminate parental rights.
c. That he or she voluntarily disclaims any rights that he or she may have to 25
the child, including the right to notice of proceedings under this chapter.
d. That the disclaimer may not be executed less than 72 hours after the birth 2
of the child or executed by the mother before the birth of the child.
e. That the presumed or alleged father has the right to revoke a disclaimer in 4
an affidavit until 72 hours after the birth of the child.
f. That the disclaimer is irrevocable if the affidavit is executed 72 hours or more 6
after the birth of the child or if not not revoked before 72 hours after the birth of the 7
child, unless it was obtained by fraud or duress.
g. That no action to invalidate the disclaimer, including an action based on 9
fraud or duress, may be commenced more than 6 months after the date the affidavit 10
was executed, except that, if the petition to terminate parental rights is granted, no 11
action to invalidate the disclaimer may be commenced later than the time limits 12
allowed for filing a motion for relief from judgment under s. 48.46 (2).
5. An affidavit under subd. 1. may contain any of the following:
a. A waiver of process in a petition for termination of parental rights or a 15
petition for termination of parental rights joined with a petition for adoption.
b. If a guardian has not been appointed under s. 48.977, the nomination of the 17
department, a county department authorized to accept guardianship under s. 48.57 18
(1) (e) or (hm), or a child welfare agency licensed under s. 48.61 (5) to accept 19
guardianship to serve as guardian of the child and the individual's address.
6. A copy of the affidavit shall be provided to the person at the time he or she 21
signs the affidavit.
7. The affidavit may not contain terms for post-termination contact between 23
the child and the person whose parental rights are to be terminated as a condition 24
of the disclaimer of parental rights.
8. To revoke a disclaimer of parental rights in an affidavit under subd. 1., the 2
alleged or presumed father shall sign a statement revoking the disclaimer of 3
parental rights that is witnessed by 2 persons and notarized. A copy of the revocation 4
shall be filed with the clerk of court. The revocation is not valid unless it is executed 5
and filed before 72 hours after the birth of the child.
48.41 (2) (cm) of the statutes is created to read:
(cm) 1. Except as provided in subd. 2., a person who is eligible to file 8
a declaration of paternal interest in matters affecting a child under s. 48.025 and who 9
fails to do so as provided in that section is deemed to have irrevocably consented to 10
the termination of any parental rights that he may have and is deemed to have 11
disclaimed any rights that he may have to the child, including the right to notice of 12
proceedings under this subchapter.
2. Subdivision 1. does not apply if, at the time a petition under s. 48.42 is filed, 14
any of the following applies:
a. An action or motion to determine if the person is the child's father has been 16
filed and has not been resolved.
b. The person has been acknowledged as the child's father under s. 767.805 or 18
a substantially similar law of another state and the acknowledgment has not been 19
c. The person meets the conditions specified in s. 48.423 (2).
48.415 (intro.) of the statutes is amended to read:
2248.415 Grounds for involuntary termination of parental rights.
At the fact-finding portion of the fact-finding and dispositional
hearing the court or
shall determine whether grounds exist for the termination of parental rights. 25
If the child is an Indian child, the court or jury
shall also determine at the
fact-finding portion of the fact-finding and dispositional
hearing whether continued 2
custody of the Indian child by the Indian child's parent or Indian custodian is likely 3
to result in serious emotional or physical damage to the Indian child under s. 48.028 4
(4) (e) 1. and whether active efforts under s. 48.028 (4) (e) 2. have been made to 5
prevent the breakup of the Indian child's family and whether those efforts have 6
proved unsuccessful, unless partial summary judgment on the grounds for 7
termination of parental rights is granted, in which case the court shall make those 8
determinations at the dispositional portion of the fact-finding and dispositional 9
hearing. Grounds for termination of parental rights shall be one of the following:
48.415 (1) (a) 4. of the statutes is created to read:
(a) 4. That a person who is or may be the father of the child failed 12
without reasonable cause to provide care and support for the mother during her 13
48.415 (1) (a) 5. of the statutes is created to read:
(a) 5. That the parent has failed without reasonable cause to pay 16
court-ordered payments of child support.
48.415 (6) (b) of the statutes is amended to read:
(b) In this subsection, “substantial parental relationship" means the 19
acceptance and exercise of significant responsibility for the daily supervision, 20
and care of the child. In evaluating whether the person has 21
had a substantial parental relationship with the child, the court may consider such 22
including, but not limited to,
whether the person has expressed concern for
23or interest in the provided care or
, care or well-being of for
the child, and 24
whether 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
48.415 (9) (a) of the statutes is amended to read:
(a) Parenthood as a result of sexual assault, which shall be 5
established by proving that the child was conceived as a result of a sexual assault in 6
violation of s. 940.225 (1), (2) or (3), 948.02 (1) or (2), 948.025, or 948.085. Conception 7
as a result of sexual assault as specified in this paragraph may be proved by a final 8
judgment of conviction or other evidence produced at the fact-finding portion of
fact-finding and dispositional
hearing under s. 48.424 indicating that the person 10
who may be the father of the child committed, during a possible time of conception, 11
a sexual assault as specified in this paragraph against the mother of the child.
48.42 (2) (a) of the statutes is amended to read:
(a) The parent or parents of the child, unless the child's parent has 14
waived the right to notice under s. 48.41 (2) (bm) or
48.42 (2) (b) (intro.) and 1. of the statutes are consolidated, 16
renumbered 48.42 (2) (b) and amended to read:
(b) Except as provided in par. (bm), if the child is a nonmarital child 18
who is not adopted or whose parents do not subsequently intermarry under s. 19
767.803 and whose paternity has not been established: 1. A , a
person who has filed 20
an unrevoked declaration of paternal interest under s. 48.025 before the birth of the 21
child or within 14 days after the birth of the child.
48.42 (2) (b) 2. of the statutes is repealed.
48.42 (2) (b) 3. of the statutes is repealed.
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: