Note: Currently, in a 6-month permanency plan review, the juvenile court (or
juvenile court-appointed panel if the juvenile court elects not to review the plan) must,
in addition to other listed determinations, make a determination relating to the extent
of compliance with the permanency plan by the child's parents and the child. This
Section requires that there also be a determination of the extent of compliance with the
plan by the child's guardian, if any.
SB501, s. 69
7Section
69. 48.396 (2) (dm) of the statutes is created to read:
SB501,65,188
48.396
(2) (dm) Upon request of a court having jurisdiction over actions
9affecting the family, an attorney responsible for support enforcement under s. 59.458
10(1) or a party to a paternity proceeding under ss. 767.45 to 767.60, the party's
11attorney or the guardian ad litem for the child who is the subject of that proceeding
12to review or be provided with information from the records of the court assigned to
13exercise jurisdiction under this chapter and ch. 938 relating to the paternity of a child
14for the purpose of determining the paternity of the child or for the purpose of
15rebutting the presumption of paternity under s. 891.405 or 891.41, the court
16assigned to exercise jurisdiction under this chapter and ch. 938 shall open for
17inspection by the requester its records relating to the paternity of the child or disclose
18to the requester those records.
Note: Section 48.396, stats., provides that records of the juvenile court are not
open to inspection or their contents disclosed except by order of the juvenile court or as
permitted under s. 48.396 or 48.375 (7) (e), stats. This Section adds another exception
by requiring a juvenile court, upon request of a family court, a IV-D attorney or the
parties to a paternity proceeding under ch. 767, stats., their attorneys or the child's GAL,
to open for inspection by the requester its records relating to the paternity of a child or
to disclose to the requester those records.
SB501, s. 70
1Section
70. 48.415 (1) (a) (intro.) of the statutes is amended to read:
SB501,66,32
48.415
(1) (a) (intro.) Abandonment
may, which, subject to par. (c), shall be
3established by
a showing proving that:
Note: Amends current law with respect to abandonment as a ground for
involuntary TPR to require that abandonment be established by proving the elements
specified in s. 48.415 (1) (a), stats. Similar changes were made in all other subsections
of s. 48.415, stats., for all other grounds for involuntary TPR.
SB501, s. 71
4Section
71. 48.415 (1) (a) 1m. of the statutes is created to read:
SB501,66,75
48.415
(1) (a) 1m. The child has been left by the parent without provision for
6the child's care or support in a place or manner that exposes the child to substantial
7risk of great bodily harm, as defined in s. 939.22 (14), or death;
Note: Under current law, s. 48.415 (1) (a), stats., provides that abandonment may
be established by a showing of one of the 3 bases specified in s. 48.415 (1) (a) 1. to 3., stats.,
namely that:
1. The child has been left without provision for its care or support, the petitioner
has investigated the circumstances surrounding the matter and for 60 days the petitioner
has been unable to find either parent.
2. The child has been placed, or continued in a placement, outside the parent's
home by a juvenile court order containing the notice required by s. 48.356 (2), stats., and
the parent has failed to visit or communicate with the child for a period of 6 months or
longer.
3. The child has been left by the parent with a relative or other 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 a period of one year or longer.
The creation of s. 48.415 (1) (a) 1m., stats., provides an additional basis for
establishing abandonment for a child who has been left without provision for its care or
support in a place or manner that exposes the child to substantial risk of great bodily
harm, as defined in s. 939.22 (14), stats., (bodily injury which creates a substantial risk
of death, or which causes serious permanent disfigurement, or which causes a permanent
or protracted loss or impairment of the function of any bodily member or organ or other
serious bodily injury), or death.
SB501,67,210
48.415
(1) (a) 2. The child has been placed, or continued in a placement, outside
11the parent's home by a court order containing the notice required by s. 48.356 (2) or
1938.356 (2) and the parent has failed to visit or communicate with the child for a
2period of
6 3 months or longer; or
Note: Provides that an element of this basis for establishing abandonment as a
ground for involuntary TPR is that, with respect to a child who has been placed, or
continued in a placement, outside the parent's home by a juvenile court order, the parent
has failed to visit or communicate with the child for a period of 3 months or longer, rather
than 6 months or longer.
SB501, s. 73
3Section
73. 48.415 (1) (a) 3. of the statutes is amended to read:
SB501,67,74
48.415
(1) (a) 3. The child has been left by the parent with
a relative or other 5any person
other than the child's other parent, the parent knows or could discover
6the whereabouts of the child and the parent has failed to visit or communicate with
7the child for a period of
one year 6 months or longer.
Note: Provides that an element of this basis for establishing abandonment as a
ground for involuntary TPR is that the child has been left by the parent with any person
other than the child's other parent, rather than with a relative or other person (which may
include the child's other parent), and has failed to visit or communicate with the child for
a period of 6 months or longer, rather than one year or longer.
SB501, s. 74
8Section
74. 48.415 (1) (c) of the statutes is repealed and recreated to read:
SB501,67,109
48.415
(1) (c) Abandonment is not established under par. (a) 2. or 3. if the
10parent proves all of the following by a preponderance of the evidence:
SB501,67,1211
1. That the parent had good cause for having failed to visit with the child
12throughout the time period specified in par. (a) 2. or 3., whichever is applicable.
SB501,67,1413
2. That the parent had good cause for having failed to communicate with the
14child throughout the time period specified in par. (a) 2. or 3., whichever is applicable.
SB501,67,1715
3. If the parent proves good cause under subd. 2., including good cause based
16on evidence that the child's age or condition would have rendered any communication
17with the child meaningless, that one of the following occurred:
SB501,68,218
a. The parent communicated about the child with the person or persons who
19had physical custody of the child during the time period specified in par. (a) 2. or 3.,
1whichever is applicable, or, if par. (a) 2. is applicable, with the agency responsible for
2the care of the child during the time period specified in par. (a) 2.
SB501,68,63
b. The parent had good cause for having failed to communicate about the child
4with the person or persons who had physical custody of the child or the agency
5responsible for the care of the child throughout the time period specified in par. (a)
62. or 3., whichever is applicable.
Note: Deletes the provision allowing rebuttal of the presumption that
abandonment has occurred based on evidence that the parent has not disassociated
himself or herself from the child or relinquished responsibility for the child's care and
well-being.
Provides that abandonment is not established under s. 48.415 (1) (a) 2. or 3., stats.,
if the parent proves by a preponderance of the evidence that he or she:
1. Had good cause for having failed to visit with the child throughout the time
period specified in s. 48.415 (1) (a) 2. or 3., stats., whichever is applicable.
2. Had good cause for having failed to communicate with the child throughout the
time period specified in s. 48.415 (1) (a) 2. or 3., stats., whichever is applicable.
3. If the parent proves good cause for having failed to communicate with the child,
including good cause based on evidence that the child's age or condition would have
rendered any communication with the child meaningless, that the parent either:
(a) Communicated about the child with the person or persons who had physical
custody of the child during the time period specified in s. 48.415 (1) (a) 2. or 3., stats.,
whichever is applicable, or, if s. 48.415 (1) (a) 2., stats., is applicable, with the agency
responsible for the care of the child during the time period specified in s. 48.415 (1) (a)
2., stats.
(b) Had good cause for having failed to communicate about the child with such
person or persons or agency.
SB501, s. 75
7Section
75. 48.415 (2) (intro.) of the statutes is amended to read:
SB501,68,108
48.415
(2) Continuing need of protection or services. (intro.) Continuing
9need of protection or services
may, which shall be established by
a showing of proving 10all of the following:
Note: Amends current law with respect to continuing need of protection or services
as a ground for involuntary TPR to require that continuing need of protection or services
be established by proving the elements specified in s. 48.415 (2), stats.
SB501, s. 76
11Section
76. 48.415 (2) (b) of the statutes is renumbered 48.415 (2) (b) 2.
SB501, s. 77
12Section
77. 48.415 (2) (b) 1. of the statutes is created to read:
SB501,69,213
48.415
(2) (b) 1. In this paragraph, "diligent effort" means an earnest and
14conscientious effort to take good faith steps to provide the services ordered by the
1court which takes into consideration the characteristics of the parent or child, the
2level of cooperation of the parent and other relevant circumstances of the case.
Note: Defines "diligent effort" for purposes of the requirement that there be proof
that the agency responsible for the care of the child and the family has made a "diligent
effort" to provide court-ordered services in order to establish continuing need of
protection or services as a ground for involuntary TPR.
SB501, s. 78
3Section
78. 48.415 (2) (c) of the statutes is amended to read:
SB501,69,124
48.415
(2) (c) That the child has been outside the home for a cumulative total
5period of
one year or longer pursuant to such orders or, if the child had not attained
6the age of 3 years at the time of the initial order placing the child outside of the home,
7that the child has been outside the home for a cumulative total period of 6 months
8or longer pursuant to such orders; and that the parent has failed to demonstrate
9substantial progress toward meeting the conditions established for the return of the
10child to the home and there is a substantial likelihood that the parent will not meet
11these conditions within the 12-month period following the fact-finding hearing
12under s. 48.424.
Note: Amends the ground for involuntary TPR based on continuing need of
protection or services for a child who is 3 years of age or over at the time of the initial
juvenile court order placing the child outside the home by reducing the period of time that
such a child must spend in a court-ordered out-of-home placement from one year to 6
months, thus providing for uniform application of the 6-month provision to all children.
SB501, s. 79
13Section
79. 48.415 (3) (intro.) of the statutes is amended to read:
SB501,69,1514
48.415
(3) Continuing parental disability. (intro.) Continuing parental
15disability
may, which shall be established by
a showing proving that:
Note: Amends current law with respect to continuing parental disability as a
ground for involuntary TPR to require that continuing parental disability be established
by proving the elements specified in s. 48.415 (3), stats.
SB501, s. 80
16Section
80. 48.415 (4) of the statutes is amended to read:
SB501,70,3
148.415
(4) (title)
Continuing denial of periods of physical placement or
2visitation. Continuing denial of periods of physical placement
may or visitation,
3which shall be established by
a showing that
proving all of the following:
SB501,70,74
(a)
The That the parent has been denied periods of physical placement by court
5order in an action affecting the family
; and or has been denied visitation under an
6order under s. 48.345, 48.357, 48.363, 48.365, 938.345, 938.357, 938.363 or 938.365
7containing the notice required by s. 48.356 (2) or 938.356 (2).
SB501,70,108
(b)
At That at least
1 one year has elapsed since the order denying periods of
9physical placement
or visitation was issued and the court has not subsequently
10modified its order so as to permit periods of physical placement
or visitation.
Note: Amends current law with respect to continuing denial of periods of physical
placement as a ground for involuntary TPR to require that continuing denial of periods
of physical placement be established by proving the elements specified in s. 48.415 (4),
stats.
Expands the ground for involuntary TPR based on continuing denial of periods of
physical placement to also provide for periods in which a juvenile court has denied
visitation under an order under s. 48.345 or 938.345, stats. (CHIPS dispositional order),
48.357 or 938.357, stats. (change in placement order), 48.363 or 938.363, stats. (revision
of dispositional order), or 48.365 or 938.365, stats. (extension of dispositional order), if the
order contained the notice required by s. 48.356 (2), stats., that is, a warning about
continuing denial of visitation as a ground for involuntary TPR and the conditions
necessary for the parent to be granted visitation.
SB501, s. 81
11Section
81. 48.415 (5) (intro.) and (b) of the statutes are amended to read:
SB501,70,1512
48.415
(5) Child abuse. (intro.) Child abuse
may, which shall be established
13by
a showing proving that the parent has exhibited a pattern of
physically or sexually 14abusive behavior which is a substantial threat to the health of the child who is the
15subject of the petition and
a showing of proving either of the following:
SB501,71,216
(b) That
, on more than one occasion, a child has
previously been removed from
17the parent's home
by the pursuant to a court
order under s. 48.345 after an
18adjudication that the child is in need of protection or services
and a finding by the
1court that sexual or physical abuse was inflicted by the parent under s. 48.13 (3) or
2(3m).
Note: Provides that child abuse is established as a ground for involuntary TPR by
proving that the parent has exhibited a pattern of physically or sexually abusive behavior
which poses a substantial threat to the health of the child and that either: (1) the parent
has been convicted of a felony for causing death or injury to any child; or (2) any child has
previously been removed from the home pursuant to a juvenile court order under s.
48.345, stats., (CHIPS dispositional order) after the child was adjudicated CHIPS under
s. 48.13 (3), stats., (victim of physical injury or specified sex crimes) or s. 48.13 (3m), stats.,
(substantial risk of becoming the victim of physical injury or specified sex crimes based
on information that another child in the home has been the victim of such abuse).
SB501, s. 82
3Section
82. 48.415 (6) (a) (intro.) and 1. of the statutes are consolidated,
4renumbered 48.415 (6) (a) and amended to read:
SB501,71,135
48.415
(6) (a) Failure to assume parental responsibility
may, which shall be
6established by
a showing proving that
a child is a nonmarital child who has not been
7adopted or whose parents have not subsequently intermarried under s. 767.60, that
8paternity was not adjudicated prior to the filing of the petition for termination of
9parental rights and:1. The the parent or the person or persons who may be the
father 10parent of the child have been given notice under s. 48.42 but have failed to appear
11or otherwise submit to the jurisdiction of the court and that such
parent or person
12or persons
who may be the parent of the child have never had a substantial parental
13relationship with the child
; or.
SB501, s. 83
14Section
83. 48.415 (6) (a) 2. of the statutes is repealed.
Note: Under current law, the parental rights of the father of a nonmarital child,
that is, a child who is neither conceived nor born while his or her parents are
intermarried, who has not been adopted or whose parents have not subsequently
intermarried and for whom paternity has not been adjudicated prior to the filing of the
TPR petition may be terminated if: (1) the person or persons who may be the father of the
child have been given notice about the TPR petition but have failed to appear or otherwise
submit to the jurisdiction of the court and have never had a substantial parental
relationship with the child; or (2) that although paternity has been adjudicated, the
father did not establish a substantial parental relationship with the child prior to the
filing of the TPR petition although the father had reason to believe he was the father of
the child and has not assumed parental responsibility for the child.
This bill expands this ground for involuntary TPR to include: (1) mothers as well
as fathers; (2) marital children as well as nonmarital children; and (3) fathers for whom
paternity was adjudicated prior to the filing of the TPR petition.
SB501, s. 84
1Section
84. 48.415 (6) (b) of the statutes is amended to read:
SB501,72,112
48.415
(6) (b) In this subsection, "substantial parental relationship" means the
3acceptance and exercise of significant responsibility for the daily supervision,
4education, protection and care of the child. In evaluating whether the person has had
5a substantial parental relationship with the child, the court may consider such
6factors, including, but not limited to, whether the person has ever expressed concern
7for or interest in the support, care or well-being of the child
or the mother during her
8pregnancy and, whether the person has neglected or refused to provide care or
9support
for the child and whether, with respect to a person who is or may be the father
10of the child, the person has ever expressed concern for or interest in the support, care
11or well-being of the mother during her pregnancy.
Note: Reflects the amendment of s. 48.415 (6) (a), stats., adding provision for
mothers.
SB501, s. 85
12Section
85. 48.415 (7) of the statutes is amended to read:
SB501,72,1613
48.415
(7) Incestuous parenthood. Incestuous parenthood
may, which shall 14be established by
a showing proving that the person whose parental rights are
15sought to be terminated is also related, either by blood or adoption, to the child's other
16parent in a degree of kinship closer than 2nd cousin.
Note: Amends current law with respect to incestuous parenthood as a ground for
involuntary TPR to require that incestuous parenthood be established by proving the
elements specified in s. 48.415 (7), stats.
SB501, s. 86
17Section
86. 48.415 (8) of the statutes is amended to read:
SB501,73,418
48.415
(8) (title)
Intentional or reckless homicide of parent. Intentional
or
19reckless homicide of a parent
may, which shall be established by
a showing proving 20that a parent of the child has been a victim of first-degree intentional homicide in
1violation of s. 940.01
or of, first-degree reckless homicide in violation of s. 940.02 or 22nd-degree intentional homicide in violation of s. 940.05 and that the person whose
3parental rights are sought to be terminated has been convicted of that intentional
4or reckless homicide.
Note: Adds first-degree reckless homicide by the parent of the child's other parent
as a ground for involuntary TPR. Also amends current law to provide that intentional
or reckless homicide of a parent as a ground for involuntary TPR be established by
proving the elements specified in s. 48.415 (8), stats.
SB501,73,147
48.415
(9) (a) Parenthood as a result of sexual assault
may, which shall be
8established by
a showing proving that the child was conceived as a result of a sexual
9assault in violation of s. 940.225 (1), (2) or (3), 948.02 (1) or (2) or 948.025. Conception
10as a result of sexual assault as specified in this paragraph may be proved by a
11judgment of conviction or other evidence produced at a fact-finding hearing under
12s. 48.424 indicating that the person who may be the father of the child committed,
13during a possible time of conception, a sexual assault as specified in this paragraph
14against the mother of the child.
Note: Amends current law with respect to parenthood as a result of sexual assault
as a grounds for involuntary TPR to require that parenthood as a result of sexual assault
be established by proving the elements specified in s. 48.415 (9), stats.
SB501, s. 88
15Section
88. 48.415 (9m) of the statutes is created to read:
SB501,73,2116
48.415
(9m) Commission of a serious felony against one of the person's
17children. (a) Commission of a serious felony against one of the person's children,
18which shall be established by proving that a child of the person whose parental rights
19are sought to be terminated was the victim of a serious felony and that the person
20whose parental rights are sought to be terminated has been convicted of that serious
21felony.
SB501,74,5
1(b) In this subsection, "serious felony" means any felony under s. 940.01,
2940.02, 940.03, 940.05, 940.225 (1) or (2), 948.02 (1) or (2), 948.025, 948.03 (2) (a) or
3(3) (a), 948.05, 948.06 or 948.08 or under s. 948.21 if death is a consequence or a crime
4under federal law or the law of any other state that is comparable to a crime specified
5in this paragraph.
Note: Adds a ground for involuntary TPR based on commission of a serious felony
against one of the person's children which must be established by proving that the person
whose parental rights are sought to be terminated has been convicted of a serious felony
and that one of the person's children was the victim of that serious felony. These serious
felonies are as follows: s. 940.01, stats., (first-degree intentional homicide), 940.02,
stats., (first-degree reckless homicide), 940.03, stats., (felony murder), 940.05, stats.,
(2nd-degree intentional homicide), 940.225 (1), stats., (first-degree sexual assault),
940.225 (2), stats., (2nd-degree sexual assault), 948.02 (1), stats., (first-degree sexual
assault of a child--child under age 13), 948.02 (2), stats., (2nd-degree sexual assault of
a child--child under age 16), 948.025, stats., (engaging in repeated sexual assault of the
same child), 948.03 (2) (a), stats., (intentionally causing great bodily harm to a child) or
(3) (a), stats., (recklessly causing great bodily harm to a child), 948.05, stats., (sexual
exploitation of a child, including a person responsible for the child's welfare knowingly
permitting, allowing or encouraging a child to engage in sexually exploitative conduct),
948.06, stats., (incest with a child, including, under certain circumstances, a person
responsible for the child's welfare failing to take action to prevent incest) or 948.08, stats.,
(soliciting a child for prostitution) or s. 948.21, stats., if death is the consequence
(intentionally neglecting a child), or a similar crime under federal law or the laws of any
other state. In addition to applying when the person commits a serious felony against one
of the person's children other than the child who is the subject of the petition, this ground
also applies in those cases in which the child who is the subject of the petition was the
victim of such a crime and survives.
SB501, s. 89
6Section
89. 48.415 (10) of the statutes is created to read:
SB501,74,97
48.415
(10) Prior involuntary termination of parental rights to another
8child. Prior involuntary termination of parental rights to another child, which shall
9be established by proving all of the following:
SB501,74,1110
(a) That the child who is the subject of the petition has been adjudged to be in
11need of protection or services under s. 48.13 (2), (3) or (10).
SB501,75,212
(b) That, within 3 years prior to the date the court adjudged the child who is
13the subject of the petition to be in need of protection or services as specified in par.
14(a), a court has ordered the termination of parental rights with respect to another
1child of the person whose parental rights are sought to be terminated on one or more
2of the grounds specified in this section.
Note: Adds a ground for involuntary TPR based on the involuntary TPR of another
child when the following conditions are met:
1. The child who is the subject of the petition has been adjudicated CHIPS under
s. 48.13 (2), stats., (abandonment), (3), stats., (sexual or physical abuse) or (10), stats.,
(parent, guardian or legal custodian neglects, refuses or is unable for reasons other than
poverty to provide necessary care, food, clothing, medical or dental care or shelter so as
to seriously endanger the physical health of the child); and
2. Within the 3 years prior to the date the child was adjudicated CHIPS, a juvenile
court has ordered the involuntary TPR of another of the person's children.
SB501, s. 90
3Section
90. 48.42 (1m) (title) and (a) of the statutes are created to read:
SB501,75,114
48.42
(1m) (title)
Visitation or contact rights. (a) If the petition filed under
5sub. (1) includes a statement of the grounds for involuntary termination of parental
6rights under sub. (1) (c) 2., the petitioner may, at the time the petition under sub. (1)
7is filed, also petition the court for a temporary order and an injunction prohibiting
8the person whose parental rights are sought to be terminated from visiting or
9contacting the child who is the subject of the petition under sub. (1). Any petition
10under this paragraph shall allege facts sufficient to show that prohibiting visitation
11or contact would be in the best interests of the child.
Note: Allows a person petitioning for involuntary TPR to also petition for a
temporary order and injunction prohibiting visitation or contact with the child who is the
subject of the TPR petition.
SB501, s. 91
12Section
91. 48.42 (1m) (b) of the statutes is created to read: