LRB-4466/1
EAW:kjf
2017 - 2018 LEGISLATURE
December 27, 2017 - Introduced by Representatives Kitchens, Doyle, Snyder,
Katsma, Novak, Rodriguez, Ballweg, Pronschinske, Neylon, Anderson,
Berceau, Born, E. Brooks, R. Brooks, Felzkowski, Horlacher, Jacque,
Kolste, Krug, Kulp, Mursau, Petersen, Petryk, Ripp, Rohrkaste,
Shankland, Sinicki, Steineke, Summerfield, Swearingen, Tittl, Tranel,
VanderMeer, Vruwink, Zepnick and Edming, cosponsored by Senators
Darling, Olsen, L. Taylor and Vinehout. Referred to Committee on Family
Law.
AB775,1,4
1An Act to amend 48.415 (2) (a) 3. of the statutes;
relating to: the showing of
2a substantial likelihood that a parent will not meet the conditions established
3for the safe return of the child to the home in a termination of parental rights
4proceeding.
Analysis by the Legislative Reference Bureau
This bill changes the grounds for an involuntary termination of parental rights
(TPR) based on a child's continuing need of protection or services (continuing CHIPS)
where a child has been placed outside the home for a cumulative total period of six
months or longer.
Under current law an involuntary TPR based on continuing CHIPS may be
based on a court's or jury's finding that the child has been placed outside the home
for a cumulative total period of six months or longer under the CHIPS order, the
parent has failed to meet the conditions established for the safe return of the child
to the home, and there is a substantial likelihood that the parent will not meet the
conditions established for the safe return of the child to the home within the next
nine months after the TPR fact-finding hearing. Also, under current law, a TPR
proceeding must be filed for a child who has been placed outside the home under a
CHIPS order for 15 of the past 22 months.
This bill removes the requirement of showing that there is a substantial
likelihood that the parent will continue to fail for the next nine months to meet the
conditions established for the safe return of the child to the home in a continuing
CHIPS TPR proceeding. The bill replaces this requirement with a requirement for
the petitioner to show that, if the child has been placed outside the home under a
CHIPS order for less than 15 of the past 22 months, there is a substantial likelihood
that the parent will not meet the conditions established for the safe return of the
child to the home at the time the child will have been placed outside of the home for
15 of the last 22 months.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB775,1
1Section
1. 48.415 (2) (a) 3. of the statutes is amended to read:
AB775,2,132
48.415
(2) (a) 3. That the child has been
placed outside the home for a
3cumulative total period of 6 months or longer pursuant to
such orders an order listed
4under subd. 1., not including time spent outside the home as an unborn child;
and 5that the parent has failed to meet the conditions established for the safe return of the
6child to the home
and there is a substantial likelihood that the parent will not meet
7these conditions within the 9-month period following the fact-finding hearing under
8s. 48.424; and, if the child has been placed outside the home for less than 15 of the
9most recent 22 months, that there is a substantial likelihood that the parent will not
10meet these conditions as of the date on which the child will have been placed outside
11the home for 15 of the most recent 22 months, not including any period during which
12the child was a runaway from the out-of-home placement or was residing in a trial
13reunification home.
