SB501, s. 131 11Section 131. 767.45 (6r) of the statutes is created to read:
SB501,102,1312 767.45 (6r) (a) The attorney designated under sub. (6) (a) who receives a
13referral under s. 48.299 (6) (a) shall do all of the following:
SB501,102,1714 1. Give priority to matters referred under s. 48.299 (6) (a) or 938.299 (6) (a),
15including priority in determining whether an action should be brought under this
16section and, if the determination is that such an action should be brought, priority
17in bringing the action and in establishing the existence or nonexistence of paternity.
SB501,103,2
12. As soon as possible, but no later than 30 days after the date on which the
2referral is received, notify the court that referred the matter of one of the following:
SB501,103,43 a. The date on which an action has been brought under this section or the
4approximate date on which such an action will be brought.
SB501,103,85 b. That a determination has been made that an action should not be brought
6under this section or, if such a determination has not been made, the approximate
7date on which a determination will be made as to whether such an action should be
8brought.
SB501,103,109 c. That the man designated in s. 48.299 (6) (a) has previously been excluded as
10the father of the child.
SB501,103,1311 3. If an action is brought under this section, notify the court that referred the
12matter as soon as possible of a judgment or order determining the existence or
13nonexistence of paternity.
SB501,103,1714 (b) The attorney designated under sub. (6) (a) who receives a referral under s.
1548.299 (7) may bring an action under this section on behalf of the state and may give
16priority to the referral and notify the referring court in the same manner as is
17required under par. (a) when a matter is referred under s. 48.299 (6) (a).
Note: 1. Provides that if a matter is referred by the juvenile court under the
required referral provision, the IV-D attorney receiving the referral must: (a) give
priority to such cases; (b) as soon as possible, but no later than 30 days after the referral,
notify the juvenile court of the date a paternity action has been or will be brought in family
court, that a determination has been made that such an action should not be brought or,
if a determination has not been made as to whether a paternity action should be brought,
the approximate date by which the determination will be made or that the man has been
excluded as the father of the child; (c) if a paternity action is brought, notify the family
court in the paternity proceeding petition that the matter was referred by the juvenile
court under the required referral provision; and (d) notify the juvenile court as soon as
possible of the family court's decision on the paternity action.
2. Permits a IV-D attorney who receives a permissive referral from a juvenile court
under s. 48.299 (7), stats., as created by this bill, to bring a paternity action in family court
and notify the juvenile court of the status of the paternity action.
SB501, s. 132 18Section 132. 767.47 (1) (cm) of the statutes is created to read:
SB501,104,1
1767.47 (1) (cm) Genetic test results under s. 48.299 (6) (e).
Note: Adds the results of genetic tests ordered by a juvenile court under s. 48.299
(6) (e), stats., as created by this bill, to the list of evidences relating to paternity which may
be presented in a paternity determination proceeding under ch. 767, stats.
SB501, s. 133 2Section 133. 767.47 (10) of the statutes is amended to read:
SB501,104,53 767.47 (10) A record of the testimony of the child's mother relating to the child's
4paternity, made as provided under s. 48.299 (6) (8), is admissible in evidence on the
5issue of paternity.
Note: Provides the correct cross-reference to s. 48.299 (8), stats., as created by this
bill. See the Note following Section 51 of this bill.
SB501, s. 134 6Section 134. 767.475 (7m) of the statutes is created to read:
SB501,104,107 767.475 (7m) The court shall give priority to an action brought under s. 767.45
8whenever the petition under s. 767.45 (5) indicates that the matter was referred
9under s. 48.299 (6) (a) by a court assigned to exercise jurisdiction under chs. 48 and
10938.
Note: Requires a family court to give priority to a paternity proceeding if the
paternity petition is filed by the IV-D attorney after referral of the matter by a juvenile
court under the required referral provision of s. 48.299 (6), stats.
SB501, s. 135 11Section 135. 767.53 (1) of the statutes is renumbered 767.53 (1) (intro.) and
12amended to read:
SB501,104,1413 767.53 (1) (intro.) Access to the record of any pending or past proceeding
14involving the paternity of the same child shall be allowed to the all of the following:
SB501,104,15 15(a) The child's parents, the.
SB501,104,17 16(b) The parties to that proceeding and their attorneys or their authorized
17representatives.
SB501, s. 136 18Section 136. 767.53 (1) (c) of the statutes is created to read:
SB501,104,2019 767.53 (1) (c) If the child is the subject of a proceeding under ch. 48, all of the
20following:
SB501,105,2
11. The court assigned to exercise jurisdiction under chs. 48 and 938 in which
2the proceeding is pending.
SB501,105,33 2. The parties to the proceeding under ch. 48 and their attorneys.
SB501,105,54 3. The person under s. 48.09 who represents the interests of the public in the
5proceeding under ch. 48.
SB501,105,76 4. A guardian ad litem for the child and a guardian ad litem for the child's
7parent.
SB501,105,88 5. Any governmental or social agency involved in the proceeding under ch. 48.
Note: Under current law, a family court's record of a paternity proceeding under
ch. 767, stats., is closed except as provided in s. 767.53 (1) and (2), stats. This Section
adds the following to the list of individuals and entities to whom such a record may be
disclosed if the child is the subject of a proceeding under ch. 48: (a) the juvenile court in
which the ch. 48 proceeding is pending; (b) the parties to the ch. 48 proceeding and their
attorneys; (c) the person under s. 48.09, stats., who represents the interests of the public
in the ch. 48 proceeding; (d) the child's GAL and the GAL for the child's parent; and (e)
any governmental or social agency involved in the ch. 48 proceeding.
SB501, s. 137 9Section 137. 808.04 (7m) of the statutes is amended to read:
SB501,105,1410 808.04 (7m) An appeal from a judgment or order terminating parental rights
11or denying termination of parental rights shall be initiated by filing the notice
12required by s. 809.107 (2) within 15 30 days after the date of entry of the judgment
13or order appealed from. Notwithstanding s. 809.82 (2) (b), this time period may not
14be enlarged.
Note: Amends current law by extending the deadline for filing a notice of intent
to appeal a TPR judgment or order from 15 days to 30 days.
SB501, s. 138 15Section 138 . 808.075 (4) (a) 10. of the statutes is created to read:
SB501,105,1616 808.075 (4) (a) 10. Revision of guardianship order under s. 48.977 (6).
SB501, s. 139 17Section 139 . 808.075 (4) (a) 11. of the statutes is created to read:
SB501,105,1918 808.075 (4) (a) 11. Termination of guardianship under s. 48.977 (7), including
19removal of a guardian.

Note: Under current s. 808.075 (4) (a) 1. to 9., stats., a juvenile court may do any
of the following during the pendency of an appeal:
1. Review an action by a guardian under s. 48.023, stats.
2. Review a nonsecure custody order under s. 48.207, stats.
3. Review a secure detention order under s. 48.208, stats., and conduct a secure
detention status review under s. 48.209 (1) (e), stats.
4. Hold a hearing for a child held in custody under s. 48.21, stats.
5. Hold a hearing upon involuntary removal under s. 48.305, stats.
6. Revise a dispositional order under s. 48.363, stats.
7. Extend a dispositional order under s. 48.365, stats., unless s. 48.368, stats.,
applies.
8. Review a permanency plan under s. 48.38 (5), stats.
9. Release confidential information under s. 48.396 or 48.78, stats.
These 2 sections add revision of a guardianship order under s. 48.977 (6), stats., as
created by this bill, and termination of a guardianship under s. 48.977 (7), stats., as
created by this bill, to the list of acts which a juvenile court may perform despite the
pendency of an appeal.
SB501, s. 140 1Section 140. 809.107 (5) of the statutes is amended to read:
SB501,106,82 809.107 (5) Notice of appeal; transmittal of record. Within 15 30 days after
3service of the transcript, the person filing a notice of intent to appeal under sub. (2)
4shall file a notice of appeal and docketing statement as provided in s. 809.10 (1) (a)
5and serve a copy of the notice on the persons required to be served under sub. (2).
6The clerk of the trial court shall transmit the record to the court of appeals as soon
7as the record is prepared but in no event more than 15 days after the filing of the
8notice of appeal.
Note: Amends current law by extending the deadline for filing the official notice
of appeal of a TPR judgment or order and the docketing statement from 15 days to 30 days
after the date of service of the transcript by the court reporter.
SB501, s. 141 9Section 141. 809.107 (6) (e) of the statutes is amended to read:
SB501,106,1310 809.107 (6) (e) Cases appealed under this section shall be given preference and
11shall be taken in an order that ensures that a decision is issued within 45 30 days
12after the filing of the record on appeal with the court of appeals appellant's reply brief
13or statement that a reply brief will not be filed
.
Note: Provides that a court of appeals must decide a TPR appeal within 30 days
after the filing of the appellant's reply brief or the appellant's statement that a reply brief
will not be filed, rather than 45 days after the filing of the record on appeal.
SB501, s. 142
1Section 142. 809.107 (6) (f) of the statutes is amended to read:
SB501,107,52 809.107 (6) (f) A petition for review of an appeal in the supreme court, if any,
3shall be filed within 15 30 days after the date of the decision of the court of appeals.
4The supreme court shall give preference to a petition for review of an appeal filed
5under this paragraph.
Note: Provides that a petition for the supreme court to review an appeal of a TPR
case must be filed within 30 days after the date of the decision of the court of appeals,
rather than 15 days.
SB501, s. 143 6Section 143. 813.122 (1) (a) of the statutes is repealed and recreated to read:
SB501,107,87 813.122 (1) (a) "Abuse" has the meaning given in s. 48.02 (1) and, in addition,
8includes a threat to engage in any conduct under s. 48.02 (1).
Note: Deletes the definition of "abuse" in the child abuse restraining order and
injunction statute and substitutes the definition of "abuse" in s. 48.02 (1), stats., as
created by this bill, plus the threat to engage in any conduct that is defined as "abuse"
in s. 48.02 (1), stats.
SB501, s. 144 9Section 144. 813.122 (1) (e) of the statutes is repealed.
Note: Repeals the definition of "emotional damage" in the child abuse restraining
order and injunction statute. "Emotional damage" as defined in s. 48.02 (5j), stats., as
created by this bill, is incorporated in the definition of "abuse" in s. 48.02 (1), stats., as
created by this bill, which is incorporated by reference in the definition of "abuse" in s.
813.122 (1) (a), stats., as repealed and recreated by this bill.
SB501, s. 145 10Section 145. 813.122 (1) (f) of the statutes is repealed.
Note: Repeals the definition of "physical injury" in the child abuse restraining
order and injunction statute. "Physical injury" as defined in s. 48.02 (14m), stats., as
created by this bill, is incorporated in the definition of "abuse" in s. 48.02 (1), stats., as
created by this bill, which is incorporated by reference in the definition of "abuse" in s.
813.122 (1) (a), stats., as repealed and recreated by this bill.
SB501, s. 146 11Section 146. 813.122 (8) of the statutes is repealed.
Note: Repeals the provision in the child abuse restraining order and injunction
statute which specifies that, in cases involving an allegation of emotional damage, the
court may admit evidence of a substantial and observable change in behavior, emotional
response or cognition that is not within the normal range for a child's age and stage of
development. Provision for this evidence is included in the definition of "emotional
damage" which is incorporated in the definition of "abuse" in s. 48.02 (1), stats., as created
by this bill, which is incorporated by reference in the definition of "abuse" in s. 813.122
(1) (a), stats., as repealed and recreated by this bill.
SB501, s. 147 12Section 147. 905.04 (4) (e) 1. a. of the statutes is amended to read:
SB501,108,1
1905.04 (4) (e) 1. a. "Abuse" has the meaning given in s. 48.981 48.02 (1) (a).
Note: With respect to the provision that specifies that there is no
physician-patient, registered nurse-patient, chiropractor-patient,
psychologist-patient, social worker-patient, marriage and family therapist-patient or
professional counselor-patient privilege in certain cases of abuse or neglect, the
amendment reflects the renumbering resulting from deleting the definition of "abuse" in
s. 48.981 (1) (a), stats., and creating a definition of "abuse" in s. 48.02 (1), stats., as created
by this bill.
SB501, s. 148 2Section 148. 939.45 (5) (b) of the statutes is amended to read:
SB501,108,93 939.45 (5) (b) When the actor's conduct is reasonable discipline of a child by a
4person responsible for the child's welfare. Reasonable discipline may involve only
5such force as a reasonable person believes is necessary. It is never reasonable
6discipline to use force which is intended to cause lacerations, fractured bones, burns,
7internal injuries, severe or frequent bruising,
great bodily harm or death or creates
8an unreasonable risk of lacerations, fractured bones, burns, internal injuries, severe
9or frequent bruising,
great bodily harm or death.
Note: With respect to the privilege that can be used as a defense to the prosecution
of any crime that the actor's conduct is reasonable discipline of a child by a person
responsible for a child's welfare [as defined in s. 939.45 (5) (a) 3., stats.], provides that it
is never reasonable discipline to use force which is intended to cause lacerations,
fractured bones, burns, internal injuries, severe or frequent bruising, great bodily harm
[which is defined in s. 939.22 (14), stats.] or death or creates an unreasonable risk of such
injuries or death, rather than providing that it is never reasonable discipline to use force
which is intended to cause great bodily harm or death or creates an unreasonable risk of
great bodily harm or death.
SB501, s. 9110 10Section 9110. Nonstatutory provisions; circuit courts.
SB501,108,11 11(1) Abandonment.
SB501,109,2 12(a) Subject to paragraph (b), no person may file a petition under section 48.42
13(1) of the statutes for termination of parental rights on the grounds specified in
14section 48.415 (1) (a) 2. of the statutes, as affected by this act, unless the parent
15against whom the petition is filed has received the notice under section 48.356 (2) or
16938.356 (2) of the statutes of the grounds for termination of parental rights under

1section 48.415 (1) (a) 2. of the statutes, as affected by this act, and 3 months or longer
2have elapsed since the date of that notice.
SB501,109,9 3(b) Notwithstanding paragraph (a), if a parent has received the notice under
4section 48.356 (2) or 938.356 (2) of the statutes of the grounds for termination of
5parental rights under section 48.415 (1) (a) 2., 1993 stats., within the 6 months
6preceding the effective date of this paragraph, no person may file a petition under
7section 48.42 (1) of the statutes for termination of parental rights on the grounds
8specified in section 48.415 (1) (a) 2., of the statutes, as affected by this act, until 6
9months or longer have elapsed since the date of that notice.
SB501,109,15 10(c) This subsection does not preclude a person from filing a petition under
11section 48.42 (1) of the statutes for termination of parental rights on the grounds
12specified in section 48.415 (1) (a) 2., 1993 stats., against a parent who has received
13the notice under section 48.356 (2) or 938.356 (2) of the statutes of the grounds for
14termination of parental rights under section 48.415 (1) (a) 2., 1993 stats., if 6 months
15or longer have elapsed since the date of that notice.
Note: Specifies that no person may file a TPR petition based on the grounds
specified in s. 48.415 (1) (a) 2., stats., as affected by this bill, (placement of the child
outside the home by a juvenile court order containing the notice required under s. 48.356
(2) or 938.356 (2), stats., of those grounds and the parent has failed to visit or
communicate with the child for 3 months or longer) unless the parent against whom the
TPR petition is filed has received that notice and 3 months or longer have elapsed since
the date of the notice, except that if the parent has received notice of the grounds specified
in s. 48.415 (1) (a) 2., 1993 stats., (placement of the child outside the home by a juvenile
court order containing the notice required under s. 48.356 (2) or 938.356 (2), stats., and
the parent has failed to visit or communicate with the child for 6 months or longer) within
the 6 months preceding the effective date of this bill, then no person may file a TPR
petition based on the grounds specified in s. 48.42 (1) (a) 2., stats., as affected by this bill,
until 6 months, rather than 3 months, have elapsed since the date of the notice. This
subsection also specifies that a person is not precluded from filing a TPR petition based
on the grounds of abandonment under prior law if the parent against whom the TPR
petition is filed has received notice of the grounds for TPR under prior law and 6 months
or longer have elapsed since the date of that notice.
SB501,109,16 16(2) Continuing need of protection or services.
SB501,110,7
1(a) Subject to paragraph (b) may file a petition under section 48.42 (1) of the
2statutes for termination of parental rights on the grounds specified in section 48.415
3(2) (c) of the statutes, as affected by this act, unless the parent against whom the
4petition is filed has received the notice under section 48.356 (2) or 938.356 (2) of the
5statutes of the grounds for termination of parental rights under section 48.415 (2)
6(c) of the statutes, as affected by this act, and 6 months or longer have elapsed since
7the date of that notice.
SB501,110,16 8(b) Notwithstanding paragraph (a), if a parent has received the notice under
9section 48.356 (2) or 938.356 (2) of the statutes of the grounds for termination of
10parental rights under section 48.415 (2) (c), 1993 stats., with respect to a child who
11had attained the age of 3 years at the time of the initial order placing the child outside
12the home within one year preceding the effective date of this paragraph, no person
13may file a petition under section 48.42 (1) of the statutes for termination of parental
14rights over the child on the grounds specified in section 48.415 (2) (c) of the statutes,
15as affected by this act, until one year or longer has elapsed since the date of that
16notice.
SB501,110,23 17(c) This subsection does not preclude a person from filing a petition under
18section 48.42 (1) of the statutes for termination of parental rights over a child who
19had attained the age of 3 years at the time of the initial order placing the child outside
20the home on the grounds specified in section 48.415 (2) (c), 1993 stats., against a
21parent who has received the notice under section 48.356 (2) or 938.356 (2) of the
22statutes of the grounds for termination of parental rights under section 48.415 (2)
23(c), 1993 stats., if one year or longer has elapsed since the date of that notice.
Note: Specifies that no person may file a TPR petition based on the grounds
specified in s. 48.415 (2) (c), stats., as affected by this bill, (placement of a child of any age
outside the home by a juvenile court order containing the notice required under s. 48.356

(2), stats., of those grounds for 6 months or longer and the parent has failed to
demonstrate substantial progress toward meeting the conditions established for the
return of the child to the home) unless the parent against whom the TPR petition is filed
has received that notice and 6 months or longer have elapsed since the date of the notice,
except that if the parent has received notice of the grounds specified in s. 48.415 (1), (2)
(c), 1993 stats., with respect to a child who had attained the age of 3 years at the time of
the initial order placing the child outside the home (placement outside the home by a
juvenile court order containing the notice required under s. 48.356 (2), stats., for one year
or longer and the parent has failed to demonstrate substantial progress toward meeting
the conditions established for the return of the child to the home) within one year
preceding the effective date of this bill, then no person may file a TPR petition with
respect to that child based on the grounds specified in s. 48.42 (2) (c), stats., as affected
by this act, until one year, rather than 6 months, has elapsed since the date of the notice.
This subsection also specifies that a person is not precluded from filing a petition for TPR
over a child who had attained the age of 3 years at the time of the initial order placing
the child outside the home based on the grounds of continuing CHIPS under prior law if
the parent against whom the TPR petition is filed has received notice of the grounds for
TPR under prior law and one year or longer has elapsed since the date of that notice.
SB501, s. 9137 1Section 9137. Nonstatutory provisions; legislature.
SB501,111,11 2(1) Child abuse and neglect prevention study. The joint legislative council is
3requested to study the use and effectiveness of systems and programs directed at,
4and resources allocated to, the prevention of child abuse and neglect to determine the
5effectiveness of those systems, programs and resources in preventing child abuse
6and neglect in this state and the need for new or revised systems and programs and
7new mechanisms for providing and allocating funding for preventing child abuse and
8neglect. During the 1997-98 legislative session, the joint legislative council shall
9submit its findings, conclusions and recommendations to the legislature in the
10manner provided under section 13.172 (2) of the statutes, to the joint committee on
11finance and to the governor.
Note: This Section requests the joint legislative council to study all of the
following:
1. The use and effectiveness of systems and programs directed at, and resources
allocated to, the prevention of child abuse and neglect to determine the effectiveness of
those systems, programs and resources in preventing child abuse and neglect in the state.
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