275,9310
Section 9310.
Initial applicability; circuit courts.
(1) Discovery in proceedings under the children's code. The treatment of section 48.293 (4) of the statutes first applies to any proceeding under chapter 48 of the statutes pending or commenced on the effective date of this subsection.
(2) Informal dispositions. The treatment of section 48.245 (2) (b) and (2r) of the statutes first applies to informal dispositions entered into on the effective date of this subsection.
Note: This Section specifies that the provisions of this bill permitting the extension of an informal disposition under certain circumstances apply to cases in which the original informal disposition was entered into on or after the effective date of the bill.
(3) Fact-finding and jury trials in proceedings under the children's code. The treatment of sections 48.31 (2) and (4) and 756.096 (3) (e) of the statutes first applies to a petition under section 48.25 or 48.42 of the statutes filed on the effective date of this subsection.
(4) Disclosure of information to voluntary child abuse or neglect reporters. The treatment of section 48.981 (3) (c) 6m. and (cm) and (7) (a) 1m. of the statutes first applies to reports under section 48.981 of the statutes received by a county department of human services or social services or by a licensed child welfare agency on the effective date of this subsection.
(5) Termination of parental rights.
(a) The treatment of section 48.415 (1) (a) 1m. and (c), (5) (intro.) and (b) and (6) (a) (intro.), 1. and 2. and (b) of the statutes first applies to petitions for termination of parental rights under section 48.42 (1) of the statutes filed on the effective date of this paragraph.
Note: Specifies that the provisions of the bill creating a basis for establishing abandonment as a ground for involuntary TPR by leaving a child in a place that exposes the child to substantial risk of great bodily harm or death, the provisions deleting the opportunity to rebut the presumption of abandonment based on the parent not disassociating himself or herself from the child or relinquishing responsibility for the child's care and well-being but adding that certain of the bases of abandonment are not established if there was good cause for failure to visit or communicate with the child, the provisions relating to child abuse as a ground for involuntary TPR and the provisions regarding failure to assume parental responsibility as a ground for involuntary TPR first apply to TPR petitions filed on the effective date of this bill.
(b) Subject to Section 9110 of this act, the treatment of section 48.415 (1) (a) 2. and (2) (c) of the statutes first applies to court orders required to contain the notice under section 48.356 (2) or 938.356 (2) of the statutes entered on the effective date of this paragraph.
Note: Specifies that, subject to Section 9110 this bill, the provisions of this bill relating to the time period that a child must have been placed outside the home under a juvenile court order as part of the grounds for involuntary TPR based on abandonment with failure to visit or communicate or based on continuing need of protection or services first apply to a child placed outside the home under a juvenile court order on the effective date of the bill. See also the Notes to Section 9110.
(c) The treatment of section 48.415 (1) (a) 3. of the statutes first applies to petitions for termination of parental rights under section 48.42 (1) of the statutes filed 6 months after the effective date of this paragraph.
Note: Specifies that the provisions of this bill relating to one of the bases for establishing abandonment as a ground for involuntary TPR, that is, a parent leaving a child with a person, other than the child's other parent, and then failing to visit or communicate with the child for 6 months, first apply to TPR petitions filed 6 months after the effective date of the bill.
(d) The treatment of sections 48.356 (1) and (2), 48.415 (4) and 938.356 (1) and (2) of the statutes first applies to court orders denying a parent visitation under section 48.345, 48.357, 48.363 or 48.365 of the statutes entered on the effective date of this paragraph.
(e) The treatment of section 48.415 (8) of the statutes first applies to petitions for termination of parental rights under section 48.42 (1) of the statutes filed on the effective date of this paragraph but precludes consideration of a conviction under section 940.02 of the statutes obtained before the effective date of this paragraph in determining whether to terminate, or to find grounds to terminate, the parental rights of a person under section 48.415 (8) of the statutes, as affected by this act.
Note: Specifies that the addition of a violation of s. 940.02, stats., (first-degree reckless homicide) of the child's other parent to the ground for involuntary TPR based on intentional or reckless homicide of the other parent first applies to TPR petitions filed on the effective date of this bill, but precludes consideration of a conviction for first‐degree reckless homicide prior to the effective date of the bill.
(f) The treatment of section 48.415 (9m) of the statutes first applies to petitions for termination of parental rights under section 48.42 (1) of the statutes filed on the effective date of this paragraph, but precludes consideration of a conviction under section 940.01, 940.02, 940.03, 940.05, 940.225 (1) or (2), 948.02 (1) or (2), 948.025, 948.03 (2) (a) or (3) (a), 948.05, 948.06 or 948.08 of the statutes or under section 948.21 of the statutes if death is a consequence or a conviction of a crime under federal law or the law of any other state that is comparable to such crimes obtained before the effective date of this paragraph in determining whether to terminate, or to find grounds to terminate, the parental rights of a person under section 48.415 (9m) of the statutes, as created by this act.
Note: Specifies that creation of the new ground for involuntary TPR based on commission of a serious felony against one of the person's children first applies to TPR petitions filed on the effective date of this bill, but precludes consideration of a conviction prior to the effective date of the bill.
(g) The treatment of section 48.415 (10) of the statutes first applies to petitions for termination of parental rights under section 48.42 (1) of the statutes filed on the effective date of this paragraph but does not preclude consideration of prior orders of a court terminating parental rights with respect to a child who is not the subject of the petition in determining whether to terminate, or to find grounds to terminate, the parental rights of a person under section 48.415 (10) of the statutes, as created by this act.
Note: Specifies that creation of the new ground for involuntary TPR based on prior involuntary TPR with respect to another child first applies to TPR petitions filed on the effective date of this bill, but does not preclude consideration of prior involuntary TPR orders with respect to another child entered prior to the effective date of the bill.
(h) The treatment of sections 48.42 (3) (d) and (4) (c) 3., 48.46 (2), 808.04 (7m), 809.107 (5) and (6) (e) and (f) of the statutes first applies to judgments or orders entered under section 48.43 of the statutes on the effective date of this paragraph.
Note: Specifies that the provisions of this bill relating to appeals of, or motions for relief from, orders terminating parental rights or denying TPR first apply to cases in which the judgment or order terminating parental rights or denying TPR is entered on the effective date of the bill.
(6) Jurisdiction over children in need of protection or services. The treatment of sections 48.13 (3), (3m), (4), (9), (11) and (11m) and 938.13 (4) of the statutes first applies to a petition under section 48.255 or 938.255 of the statutes alleging a child to be in need of protection or services that is filed on the effective date of this subsection.
(7) Reasonable discipline of a child. The treatment of section 939.45 (5) (b) of the statutes first applies to offenses committed on the effective date of this subsection.
(8)
Children taken into custody. The treatment of sections 48.21 (1) (a) and (b) and 938.21 (1) (b) of the statutes first applies to children taken into custody on the effective date of this subsection.
(8tv)
Permanency plans. The treatment of sections 48.38 (1) (b) and (4) (bm) and 938.38 (1) (b) and (4) (bm) of the statutes first applies to permanency plans filed on the effective date of this subsection.
(8tw)
Dispositional orders. The treatment of section 48.355 (1) of the statutes first applies to dispositional orders entered on the effective date of this subsection.
(8tx)
Adoption by a relative. The treatment of section 48.833 of the statutes first applies to children placed for adoption on the effective date of this subsection.
(8ty)
Permanency plan reviews. The treatment of sections 48.38 (5) (c) 6. am. and 938.38 (5) (c) 6. am. of the statutes first applies to permanency plan reviews conducted on the effective date of this subsection.
(1) This act takes effect on July 1, 1996, or on the day after publication, whichever is later.
