February 14, 1995 - Introduced by Senators Rosenzweig, Darling, Buettner and
Fitzgerald, cosponsored by Representatives Ladwig, Krusick, Duff,
Klusman, Ziegelbauer, Dobyns, Hahn, Silbaugh, Goetsch, Hasenohrl,
Lazich, Kreibich, Owens, Underheim and Ourada. Referred to Committee on
Judiciary.
SB69,1,5
1An Act to repeal 48.415 (1) (c); and
to amend 48.415 (1) (a) (intro.), 48.415 (1)
2(a) 1., 48.415 (1) (a) 2., 48.415 (1) (a) 3., 48.415 (2) (intro.), 48.415 (3) (intro.),
348.415 (4) (intro.), 48.415 (5) (intro.), 48.415 (6) (a) (intro.), 48.415 (7) and
448.415 (8) of the statutes;
relating to: the burden of proving abandonment as
5a ground for termination of parental rights.
Analysis by the Legislative Reference Bureau
Under current law, abandonment is a ground for involuntary termination of
parental rights (TPR). Currently, abandonment may be established by a showing of
any of the following:
1. That the child has been left without provision for its care or support and for
60 days the petitioner has been unable to find either parent.
2. That the child has been placed outside of the parent's home by an order of
the court assigned to exercise jurisdiction under the children's code (juvenile court)
and the parent has failed to visit or communicate with the child for 6 months or
longer.
3. That the child has been left by the parent with another person, the parent
knows or could discover the whereabouts of the child and the parent has failed to visit
or communicate with the child for one year or longer.
Currently, a showing of abandonment may be rebutted by other evidence that
the parent has not disassociated himself or herself from the child or relinquished
responsibility for the child's care and well-being. This bill eliminates the parent's
burden of rebutting the presumption of abandonment and provides instead that, in
addition to the current showing, the petitioner must also show that the parent has
relinquished responsibility for the child's care and well-being.
Under current law, the various grounds for involuntary TPR may be
established by a showing of the elements provided for those grounds. This bill
provides that the various grounds are established by a showing of the elements
provided for those grounds.
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:
SB69, s. 1
1Section
1. 48.415 (1) (a) (intro.) of the statutes is amended to read:
SB69,2,32
48.415
(1) (a) (intro.) Abandonment
may be is established by a showing
that
3of any of the following:
SB69, s. 2
4Section
2. 48.415 (1) (a) 1. of the statutes is amended to read:
SB69,2,85
48.415
(1) (a) 1.
The That the child has been left without provision for its care
6or support, the petitioner has investigated the circumstances surrounding the
7matter and for 60 days
the petitioner has been unable to find either parent
; and the
8parent has relinquished responsibility for the child's care and well-being.
SB69, s. 3
9Section
3. 48.415 (1) (a) 2. of the statutes is amended to read:
SB69,2,1410
48.415
(1) (a) 2.
The That the child has been placed, or continued in a
11placement, outside the parent's home by a court order containing the notice required
12by s. 48.356 (2)
and, the parent has failed to visit or communicate with the child for
13a period of 6 months or longer
; or and the parent has relinquished responsibility for
14the child's care and well-being.
SB69, s. 4
15Section
4. 48.415 (1) (a) 3. of the statutes is amended to read:
SB69,2,2016
48.415
(1) (a) 3.
The That the child has been left by the parent with a relative
17or other person, the parent knows or could discover the whereabouts of the child
and,
18the parent has failed to visit or communicate with the child for a period of one year
19or longer
and the parent has relinquished responsibility for the child's care and
20well-being.
SB69, s. 5
1Section
5. 48.415 (1) (c) of the statutes is repealed.
SB69, s. 6
2Section
6. 48.415 (2) (intro.) of the statutes is amended to read:
SB69,3,53
48.415
(2) Continuing need of protection or services. (intro.) Continuing
4need of protection or services
may be is established by a showing of all of the
5following:
SB69, s. 7
6Section
7. 48.415 (3) (intro.) of the statutes is amended to read:
SB69,3,87
48.415
(3) Continuing parental disability. (intro.) Continuing parental
8disability
may be is established by a showing that:
SB69, s. 8
9Section
8. 48.415 (4) (intro.) of the statutes is amended to read:
SB69,3,1210
48.415
(4) Continuing denial of periods of physical placement. (intro.)
11Continuing denial of periods of physical placement
may be is established by a
12showing that:
SB69, s. 9
13Section
9. 48.415 (5) (intro.) of the statutes is amended to read:
SB69,3,1714
48.415
(5) Child abuse. (intro.) Child abuse
may be is established by a
15showing that the parent has exhibited a pattern of abusive behavior which is a
16substantial threat to the health of the child who is the subject of the petition and a
17showing of either of the following:
SB69, s. 10
18Section
10. 48.415 (6) (a) (intro.) of the statutes is amended to read:
SB69,3,2319
48.415
(6) (a) (intro.) Failure to assume parental responsibility
may be is 20established by a showing that a child is a nonmarital child who has not been adopted
21or whose parents have not subsequently intermarried under s. 767.60, that paternity
22was not adjudicated prior to the filing of the petition for termination of parental
23rights and:
SB69, s. 11
24Section
11. 48.415 (7) of the statutes is amended to read:
SB69,4,4
148.415
(7) Incestuous parenthood. Incestuous parenthood
may be is 2established by a showing that the person whose parental rights are sought to be
3terminated is also related, either by blood or adoption, to the child's other parent in
4a degree of kinship closer than 2nd cousin.
SB69, s. 12
5Section
12. 48.415 (8) of the statutes is amended to read:
SB69,4,106
48.415
(8) Intentional homicide of parent. Intentional homicide of a parent
7may be is established by a showing that a parent of the child has been a victim of
8first-degree intentional homicide in violation of s. 940.01 or of 2nd-degree
9intentional homicide in violation of s. 940.05 and that the person whose parental
10rights are sought to be terminated has been convicted of that intentional homicide.
SB69,4,13
12(1) This act first applies to termination of parental rights petitions filed on the
13effective date of this subsection.