LRB-2242/2
GMM:kmg:jf
2003 - 2004 LEGISLATURE
January 27, 2004 - Introduced by Representatives Albers, Jeskewitz, Ainsworth,
Gunderson, Kreibich, F. Lasee
and Townsend. Referred to Committee on
Family Law.
AB767,1,3 1An Act to amend 48.415 (4) (a) and 938.356 (1) of the statutes; relating to:
2termination of parental rights on the grounds of continuing denial of visitation
3under a delinquency dispositional order.
Analysis by the Legislative Reference Bureau
Under current law, the parental rights of a parent to his or her child may be
terminated involuntarily under various grounds including the ground of continuing
denial of visitation, which is established by proving that the parent has been denied
visitation under a child or juvenile in need of protection or services dispositional
order, or an order revising or extending such a dispositional order, and that at least
one year has elapsed since the order denying visitation was issued and the order has
not subsequently been modified so as to permit visitation. This bill permits the
parental rights of a parent to be terminated involuntarily based on continuing denial
of visitation under a delinquency dispositional order or an order revising or
extending a delinquency dispositional order.
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:
AB767, s. 1 4Section 1. 48.415 (4) (a) of the statutes is amended to read:
AB767,2,4
148.415 (4) (a) That the parent has been denied periods of physical placement
2by court order in an action affecting the family or has been denied visitation under
3an order under s. 48.345, 48.363, 48.365, 938.34, 938.345, 938.363, or 938.365
4containing the notice required by s. 48.356 (2) or 938.356 (2).
AB767, s. 2 5Section 2. 938.356 (1) of the statutes is amended to read:
AB767,2,126 938.356 (1) Whenever the court orders a juvenile to be placed outside his or her
7home or denies a parent visitation because the juvenile has been adjudged to be
8delinquent or in need of protection or services under s. 938.34, 938.345, 938.357,
9938.363, or 938.365, the court shall orally inform the parent or parents who appear
10in court of any grounds for termination of parental rights under s. 48.415 which may
11be applicable and of the conditions necessary for the juvenile to be returned to the
12home or for the parent to be granted visitation.
AB767, s. 3 13Section 3. Initial applicability.
AB767,2,1514 (1) This act first applies to court orders denying a parent visitation under
15section 938.34 of the statutes granted on the effective date of this subsection.
AB767,2,1616 (End)
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