Rights of an alleged father
Under this bill, an alleged father of a nonmarital child whose paternity has not
been established is entitled to actual notice of a TPR proceeding, and the resulting
rights of standing in that proceeding, only if that person has filed a declaration of
paternal interest. There are three types of alleged fathers of a nonmarital child who
currently are entitled to TPR notice:
1. A person alleged to the court to be the father of the child or who may, based
upon the statements of the mother or other information presented to the court, be the
father of the child.
2. A person who has lived in a familial relationship with the child and who may
be the father of the child.
3. A person who has filed a declaration of paternal interest.
The bill provides that a person who is eligible to but who fails to file a
declaration of paternal interest in matters affecting a child is deemed to have

irrevocably consented to the termination of any parental rights the person has to the
child and to the child's adoption unless, at the time of the TPR or adoption petition,
the person's paternity of the child was acknowledged or was in the process of being
adjudicated. The bill makes no change to the requirements of notice or to a father's
rights in a TPR or adoption proceeding with respect to an Indian child.
Under current law, any person claiming to be the father of a nonmarital child
whose paternity has not been established may file with the Department of Children
and Families a declaration of paternal interest in matters affecting the child.
Generally, the declaration may be filed before the child's birth or within 14 days after
the child's birth and may be revoked at any time. In certain cases a petitioner may
file with the petition an affidavit signed by the mother that provides information
identifying an alleged father, in which case the petitioner is required to send notice
to the alleged father of his right to file a declaration of paternal interest. In that case,
the alleged father has 21 days after receipt of such notice to file the declaration.
Filing a declaration does not extend parental rights to the person filing the
declaration, but it does entitle that person to notice of certain proceedings related to
the child, including a TPR proceeding.
Under current law, a person who may be the father of a nonmarital child by
virtue of the fact that the person had sexual intercourse with the mother of the child,
whose paternity has not been established, is considered to be on notice that a
pregnancy and a TPR proceeding might result and has the duty to protect his own
rights and interests. Under current law, certain putative fathers are entitled to
actual notice of a TPR proceeding involving the child. Under current law, a person
who is not entitled to actual notice of a TPR proceeding does not have standing to
appear and contest the petition, present evidence relevant to the issue of disposition,
or make alternative dispositional recommendations unless the person appears at the
hearing, establishes paternity, and proves certain facts relating to residing out of
state and being deprived of the opportunity to preserve his paternal interests.
Payments relating to adoption
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
state.
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:
AB263,1 1Section 1. 48.31 (2) of the statutes is amended to read:
AB263,5,24
148.31 (2) The A hearing on a termination of parental rights petition shall be
2to the court. A hearing on a petition under s. 48.13 or 48.133 shall be to the court
3unless the child, the child's parent, guardian, or legal custodian, the unborn child's
4guardian ad litem, or the expectant mother of the unborn child exercises the right
5to a jury trial by demanding a jury trial at any time before or during the plea hearing.
6If a jury trial is demanded in a proceeding under s. 48.13 or 48.133, the jury shall
7consist 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.
Chapters
9756 and 805 shall govern the selection of jurors. If the hearing involves a child victim
10or witness, as defined in s. 950.02, the court may order that a deposition be taken by
11audiovisual 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
13of 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
16case alleging a child or an unborn child to be in need of protection or services under
17s. 48.13 or 48.133, the court shall make the determination under s. 48.13 (intro.) or
1848.133 relating to whether the child or unborn child is in need of protection or
19services that can be ordered by the court. If the court finds that the child or unborn
20child is not within the jurisdiction of the court or, in a case alleging a child or an
21unborn child to be in need of protection or services under s. 48.13 or 48.133, that the
22child or unborn child is not in need of protection or services that can be ordered by
23the court, or if the court or jury finds that the facts alleged in the petition have not
24been proved, the court shall dismiss the petition with prejudice.
AB263,2 25Section 2. 48.31 (4) of the statutes is amended to read:
AB263,6,22
148.31 (4) 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
3findings of fact and the court shall make conclusions of law relating to the allegations
4of a petition filed under s. 48.13, or 48.133 or 48.42, except that the court shall make
5findings of fact relating to whether the child or unborn child is in need of protection
6or services which that can be ordered by the court. In cases alleging a child to be in
7need of protection or services under s. 48.13 (11), the court may not find that the child
8is suffering emotional damage unless a licensed physician specializing in psychiatry
9or a licensed psychologist appointed by the court to examine the child has testified
10at the hearing that in his or her opinion the condition exists, and adequate
11opportunity for the cross-examination of the physician or psychologist has been
12afforded. The judge may use the written reports if the right to have testimony
13presented is voluntarily, knowingly, and intelligently waived by the guardian ad
14litem or legal counsel for the child and the parent or guardian. In cases alleging a
15child to be in need of protection or services under s. 48.13 (11m) or an unborn child
16to be in need of protection or services under s. 48.133, the court may not find that the
17child or the expectant mother of the unborn child is in need of treatment and
18education for needs and problems related to the use or abuse of alcohol beverages,
19controlled substances, or controlled substance analogs and its medical, personal,
20family, or social effects unless an assessment for alcohol and other drug abuse that
21conforms to the criteria specified under s. 48.547 (4) has been conducted by an
22approved treatment facility.
AB263,3 23Section 3. 48.41 (2) (bm) of the statutes is created to read:
AB263,7,324 48.41 (2) (bm) 1. An adult mother or adult presumed or alleged father may
25consent to the termination of any parental rights that he or she may have with

1respect to a child who is not an Indian child as provided in par. (a) or (b) or by filing
2with the court an affidavit of disclaimer of parental rights that is witnessed by 2
3persons and notarized and that meets the requirements under subds. 2. to 7.
AB263,7,54 2. All of the following apply to the disclaimer of parental rights in an affidavit
5under subd. 1.:
AB263,7,86 a. The disclaimer may not be executed after the birth of the child until 72 hours
7after the birth of the child. The presumed or alleged father may, but the mother may
8not, execute the disclaimer before the birth of the child.
AB263,7,119 b. The disclaimer, if executed by the presumed or alleged father before the birth
10of the child, is revocable until 72 hours after the birth of the child, as provided under
11subd. 8.
AB263,7,1412 c. The disclaimer is irrevocable if executed 72 hours or more after the birth of
13the child or if not revoked before 72 hours after the birth of the child, unless it was
14obtained by fraud or duress.
AB263,7,1715 d. Except as provided in subd. 2. e. and s. 48.028 (5) (b) and (c) and (6), no action
16to invalidate the disclaimer, including an action based on fraud or duress, may be
17commenced more than 6 months after the date the affidavit was executed.
AB263,7,2018 e. If the petition to terminate parental rights is granted, no action to invalidate
19the disclaimer may be commenced later than the time limits allowed for filing a
20motion for relief from judgment under s. 48.46 (2).
AB263,7,2121 3. An affidavit under subd. 1. shall contain all of the following:
AB263,7,2322 a. The name, county of residence, and age of the parent whose parental rights
23are being terminated.
AB263,7,2424 b. The name, age, and birth date of the child, if born.
AB263,8,2
1c. The names and addresses of the guardians of the person and of the estate of
2the child, if any.
AB263,8,53 d. A statement of whether the person whose parental rights are being
4terminated is or is not presently obligated by court order to make payments for the
5support of the child.
AB263,8,76 e. A full description and statement of value of all property the child owns or
7possesses.
AB263,8,98 f. An allegation that termination of parental rights is in the best interest of the
9child.
AB263,8,1310 g. The name and county of residence of any other presumed or alleged parent,
11a statement that the parental rights of the other presumed or alleged parent have
12been terminated by death or court order, or a statement that the child has no
13presumed father.
AB263,8,1514 h. A statement containing the information and understandings specified in
15subd. 4.
AB263,8,1616 i. A statement that the child is not an Indian child.
AB263,8,1917 4. An affidavit under subd. 1. shall contain a statement that the person whose
18parental rights are being terminated has been informed of and understands all of the
19following:
AB263,8,2020 a. His or her potential parental rights and duties.
AB263,8,2221 am. The parenting-related services that would be available to him or her if he
22or she chose not to consent to the termination of his or her parental rights.
AB263,8,2323 b. The effect of an order to terminate parental rights.
AB263,8,2524 c. That he or she voluntarily disclaims any rights that he or she may have to
25the child, including the right to notice of proceedings under this chapter.
AB263,9,2
1d. That the disclaimer may not be executed less than 72 hours after the birth
2of the child or executed by the mother before the birth of the child.
AB263,9,43 e. That the presumed or alleged father has the right to revoke a disclaimer in
4an affidavit until 72 hours after the birth of the child.
AB263,9,75 f. That the disclaimer is irrevocable if the affidavit is executed 72 hours or more
6after the birth of the child or if not not revoked before 72 hours after the birth of the
7child, unless it was obtained by fraud or duress.
AB263,9,128 g. That no action to invalidate the disclaimer, including an action based on
9fraud or duress, may be commenced more than 6 months after the date the affidavit
10was executed, except that, if the petition to terminate parental rights is granted, no
11action to invalidate the disclaimer may be commenced later than the time limits
12allowed for filing a motion for relief from judgment under s. 48.46 (2).
AB263,9,1313 5. An affidavit under subd. 1. may contain any of the following:
AB263,9,1514 a. A waiver of process in a petition for termination of parental rights or a
15petition for termination of parental rights joined with a petition for adoption.
AB263,9,1916 b. If a guardian has not been appointed under s. 48.977, the nomination of the
17department, 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
19guardianship to serve as guardian of the child and the individual's address.
AB263,9,2120 6. A copy of the affidavit shall be provided to the person at the time he or she
21signs the affidavit.
AB263,9,2422 7. The affidavit may not contain terms for post-termination contact between
23the child and the person whose parental rights are to be terminated as a condition
24of the disclaimer of parental rights.
AB263,10,5
18. To revoke a disclaimer of parental rights in an affidavit under subd. 1., the
2alleged or presumed father shall sign a statement revoking the disclaimer of
3parental rights that is witnessed by 2 persons and notarized. A copy of the revocation
4shall be filed with the clerk of court. The revocation is not valid unless it is executed
5and filed before 72 hours after the birth of the child.
AB263,4 6Section 4. 48.41 (2) (cm) of the statutes is created to read:
AB263,10,127 48.41 (2) (cm) 1. Except as provided in subd. 2., a person who is eligible to file
8a declaration of paternal interest in matters affecting a child under s. 48.025 and who
9fails to do so as provided in that section is deemed to have irrevocably consented to
10the termination of any parental rights that he may have and is deemed to have
11disclaimed any rights that he may have to the child, including the right to notice of
12proceedings under this subchapter.
AB263,10,1413 2. Subdivision 1. does not apply if, at the time a petition under s. 48.42 is filed,
14any of the following applies:
AB263,10,1615 a. An action or motion to determine if the person is the child's father has been
16filed and has not been resolved.
AB263,10,1917 b. The person has been acknowledged as the child's father under s. 767.805 or
18a substantially similar law of another state and the acknowledgment has not been
19rescinded.
AB263,10,2020 c. The person meets the conditions specified in s. 48.423 (2).
AB263,5 21Section 5. 48.415 (intro.) of the statutes is amended to read:
AB263,11,9 2248.415 Grounds for involuntary termination of parental rights. (intro.)
23At the fact-finding portion of the fact-finding and dispositional hearing the court or
24jury
shall determine whether grounds exist for the termination of parental rights.
25If the child is an Indian child, the court or jury shall also determine at the

1fact-finding portion of the fact-finding and dispositional hearing whether continued
2custody of the Indian child by the Indian child's parent or Indian custodian is likely
3to 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
5prevent the breakup of the Indian child's family and whether those efforts have
6proved unsuccessful, unless partial summary judgment on the grounds for
7termination of parental rights is granted, in which case the court shall make those
8determinations at the dispositional portion of the fact-finding and dispositional
9hearing. Grounds for termination of parental rights shall be one of the following:
AB263,6 10Section 6. 48.415 (1) (a) 4. of the statutes is created to read:
AB263,11,1311 48.415 (1) (a) 4. That a person who is or may be the father of the child failed
12without reasonable cause to provide care and support for the mother during her
13pregnancy.
AB263,7 14Section 7. 48.415 (1) (a) 5. of the statutes is created to read:
AB263,11,1615 48.415 (1) (a) 5. That the parent has failed without reasonable cause to pay
16court-ordered payments of child support.
AB263,8 17Section 8. 48.415 (6) (b) of the statutes is amended to read:
AB263,12,218 48.415 (6) (b) In this subsection, “substantial parental relationship" means the
19acceptance and exercise of significant responsibility for the daily supervision,
20education, protection, and care of the child. In evaluating whether the person has
21had a substantial parental relationship with the child, the court may consider such
22factors, including, but not limited to, whether the person has expressed concern for
23or interest in the
provided care or support , care or well-being of for the child, and
24whether 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
.
AB263,9 3Section 9. 48.415 (9) (a) of the statutes is amended to read:
AB263,12,114 48.415 (9) (a) Parenthood as a result of sexual assault, which shall be
5established by proving that the child was conceived as a result of a sexual assault in
6violation of s. 940.225 (1), (2) or (3), 948.02 (1) or (2), 948.025, or 948.085. Conception
7as a result of sexual assault as specified in this paragraph may be proved by a final
8judgment of conviction or other evidence produced at the fact-finding portion of a
9fact-finding and dispositional hearing under s. 48.424 indicating that the person
10who may be the father of the child committed, during a possible time of conception,
11a sexual assault as specified in this paragraph against the mother of the child.
AB263,10 12Section 10. 48.42 (2) (a) of the statutes is amended to read:
AB263,12,1413 48.42 (2) (a) The parent or parents of the child, unless the child's parent has
14waived the right to notice under s. 48.41 (2) (bm) or (d).
AB263,11 15Section 11. 48.42 (2) (b) (intro.) and 1. of the statutes are consolidated,
16renumbered 48.42 (2) (b) and amended to read:
AB263,12,2117 48.42 (2) (b) Except as provided in par. (bm), if the child is a nonmarital child
18who is not adopted or whose parents do not subsequently intermarry under s.
19767.803 and whose paternity has not been established: 1. A , a person who has filed
20an unrevoked declaration of paternal interest under s. 48.025 before the birth of the
21child or within 14 days after the birth of the child.
AB263,12 22Section 12. 48.42 (2) (b) 2. of the statutes is repealed.
AB263,13 23Section 13. 48.42 (2) (b) 3. of the statutes is repealed.
AB263,14 24Section 14. 48.42 (2) (bm) (intro.) and 1. of the statutes are consolidated,
25renumbered 48.42 (2) (bm) and amended to read:
AB263,13,7
148.42 (2) (bm) If the child is a nonmarital child who is under one year of age
2at the time the petition is filed and who is not adopted or whose parents do not
3subsequently intermarry under s. 767.803 and whose paternity has not been
4established and if an affidavit under sub. (1g) (a) is filed with the petition: 1. A , a
5person who has filed an unrevoked declaration of paternal interest under s. 48.025
6before the birth of the child, within 14 days after the birth of the child, or within 21
7days after a notice under sub. (1g) (b) is mailed, whichever is later.
AB263,15 8Section 15. 48.42 (2) (bm) 2. of the statutes is repealed.
AB263,16 9Section 16. 48.422 (1) of the statutes is amended to read:
AB263,13,1410 48.422 (1) Except as provided in s. 48.42 (2g) (ag), the hearing on the petition
11to terminate parental rights shall be held within 30 days after the petition is filed.
12At the hearing on the petition to terminate parental rights the court shall determine
13whether any party wishes to contest the petition and inform the parties of their
14rights under sub. (4) and s. 48.423.
AB263,17 15Section 17. 48.422 (4) of the statutes is repealed.
AB263,18 16Section 18. 48.422 (5) of the statutes is amended to read:
AB263,13,1917 48.422 (5) Any nonpetitioning party, including the child, shall be granted a
18continuance 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.
AB263,19 20Section 19. 48.422 (6) (a) of the statutes is amended to read:
AB263,14,521 48.422 (6) (a) In the case of a nonmarital child who is not adopted or whose
22parents do not subsequently intermarry under s. 767.803 and for whom paternity
23has not been established, or for whom a declaration of paternal interest has not been
24filed 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)

1(b) is mailed, the court shall hear testimony concerning the paternity of the child.
2Based 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
5appropriate notice to be given.
AB263,20 6Section 20. 48.424 (title) of the statutes is amended to read:
AB263,14,7 748.424 (title) Fact-finding and dispositional hearing.
AB263,21 8Section 21. 48.424 (1) (intro.) of the statutes is amended to read:
AB263,14,119 48.424 (1) (intro.) The purpose of the fact-finding portion of the fact-finding
10and dispositional
hearing is to determine in cases in which the petition was contested
11at the hearing on the petition under s. 48.422 all of the following:
Loading...
Loading...