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:
SB501,75,1813
48.42
(1m) (b) The court may issue the temporary order ex parte or may refuse
14to issue the temporary order and hold a hearing on whether to issue an injunction.
15The temporary order is in effect until a hearing is held on the issuance of an
16injunction. The court shall hold a hearing on the issuance of an injunction on or
17before the date of the hearing on the petition to terminate parental rights under s.
1848.422 (1).
Note: Provides that a juvenile court may issue a temporary order prohibiting
visitation or contact ex parte. Provides that a hearing on the issuance of an injunction
must be held on or before the day of the initial hearing on the TPR petition.
SB501, s. 92
1Section
92. 48.42 (1m) (c) of the statutes is created to read:
SB501,76,72
48.42
(1m) (c) The court may grant an injunction prohibiting the respondent
3from visiting or contacting the child if the court determines that the prohibition
4would be in the best interests of the child. An injunction under this subsection is
5effective according to its terms but may not remain in effect beyond the date the court
6dismisses the petition for termination of parental rights under s. 48.427 (2) or issues
7an order terminating parental rights under s. 48.427 (3).
Note: Provides that the juvenile court may grant an injunction if prohibiting
visitation or contact would be in the best interests of the child. Provides that the
injunction may not remain in effect beyond the date the juvenile court's decision is made
with respect to the TPR petition.
SB501, s. 93
8Section
93. 48.42 (3) (d) of the statutes is amended to read:
SB501,76,129
48.42
(3) (d) Advise the parties that if the court terminates parental rights, a
10notice of intent to pursue relief from the judgment must be filed in the trial court
11within
15 30 days after the judgment is entered for the right to pursue such relief to
12be preserved.
Note: Reflects the treatment of s. 808.04 (7m), stats., by this bill.
SB501, s. 94
13Section
94. 48.42 (4) (c) 3. of the statutes is amended to read:
SB501,76,1614
48.42
(4) (c) 3. That if the court terminates parental rights, a notice of intent
15to pursue relief from the judgment must be filed in the trial court within
40 30 days
16after judgment is entered for the right to pursue such relief to be preserved.
Note: Provides that the notice given to the parties in a TPR case must notify the
person that if the juvenile court terminates parental rights, a notice of intent to pursue
relief from the judgment must be filed within 30 days after the date judgment is entered,
rather than 40 days. This amendment makes s. 48.42 (4) (c) 3., stats., consistent with ss.
48.42 (3) (d), stats., and 808.04 (7m), stats., as amended by this bill.
SB501, s. 95
17Section
95. 48.425 (1) (f) of the statutes is amended to read:
SB501,77,7
148.425
(1) (f) If the report recommends that the parental rights of both of the
2child's parents or the child's only living or known parent are to be terminated, the
3report shall contain a statement of the likelihood that the child will be adopted. This
4statement shall be prepared by an agency designated in s. 48.427
(3) (3m) (a) 1.to 4.
5and include a presentation of the factors which might prevent adoption, those which
6would facilitate it, and the agency which would be responsible for accomplishing the
7adoption.
Note: Revises a reference to s. 48.427 (3), stats., in current law to reflect the
renumbering in that subsection by this bill.
SB501, s. 96
8Section
96. 48.425 (1) (g) of the statutes is amended to read:
SB501,77,159
48.425
(1) (g) If an agency designated under s. 48.427
(3) (3m) (a) 1. to 4.
10determines that it is unlikely that the child will be adopted, or if adoption would not
11be in the best interests of the child, the report shall include a plan for placing the child
12in a permanent family setting
, including. The plan shall include a recommendation
13as to the agency to be named guardian of the child
or a recommendation that the
14person appointed as the guardian of the child under s. 48.977 (2) continue to be the
15guardian of the child.
Note: Amends s. 48.425 (1) (g), stats., relating to the contents of a juvenile court
report required to be filed by an agency when a TPR petition is filed [or when the juvenile
court orders a report under s. 48.424 (4) (b), stats.], to do all of the following:
1. Revise a reference to s. 48.427 (3), stats., in current law to reflect the
renumbering in that subsection by this bill.
2. Specify that if an agency designated by the court in a TPR disposition under s.
48.427 (3m) (a) 1. to 4., stats., (as affected by the bill) determines that it is unlikely that
the child will be adopted, or if adoption would not be in the best interests of the child, the
plan for placing the child in a permanent family setting [a required part of the report if
such a determination is made] must include either of the following:
a. A recommendation as to the agency to be named guardian of the child [current
law].
b. A recommendation that the person appointed as the guardian of the child under
new s. 48.977 (2), stats., as created by this bill, continue to be the guardian of the child.
SB501, s. 97
16Section
97. 48.427 (1m) of the statutes is created to read:
SB501,78,5
148.427
(1m) In addition to any evidence presented under sub. (1), the court
2shall permit the foster parent, treatment foster parent or other physical custodian
3described in s. 48.62 (2) of the child to make a written or oral statement during the
4fact-finding or dispositional hearing or to submit a written statement prior to
5disposition, relevant to the issue of disposition.
Note: Revises s. 48.427, stats., relating to dispositions in TPR proceedings, to
require the juvenile court to permit the foster parent, treatment foster parent or other
physical custodian described in s. 48.62 (2), stats., of the child to make a written or oral
statement during the fact-finding or dispositional hearing, or to submit a written
statement prior to disposition, relevant to the issue of disposition.
SB501, s. 98
6Section
98. 48.427 (3) (intro.) of the statutes is renumbered 48.427 (3) and
7amended to read:
SB501,78,98
48.427
(3) The court may enter an order terminating the parental rights of one
9or both parents.
SB501,78,11
10(3m) If the rights of both parents or of the only living parent are terminated
11and if a guardian has not been appointed under s. 48.977, the court shall either:
SB501, s. 99
12Section
99. 48.427 (3p) of the statutes is created to read:
SB501,78,1513
48.427
(3p) If the rights of both parents or of the only living parent are
14terminated and if a guardian has been appointed under s. 48.977, the court may
15enter one of the orders specified in sub. (3m).
Note: With respect to cases in which a juvenile court enters an order terminating
the parental rights of one or both parents and the child is left without a parent: (a)
provides that if a guardian has not been appointed for a child under s. 48.977, stats., as
created by this bill, the court is required to enter one of the dispositions regarding transfer
of guardianship and custody of the child as set forth in current statutes; and (b) provides
that if a guardian has been appointed for a child under s. 48.977, stats., as created by this
bill, the juvenile court may enter one of those dispositions.
SB501, s. 100
16Section
100. 48.428 (2) of the statutes is renumbered 48.428 (2) (a) and
17amended to read:
SB501,79,618
48.428
(2) (a)
When Except as provided in par. (b), when a court places a child
19in sustaining care after an order under s. 48.427
(4), the court shall transfer legal
1custody of the child to the county department or a licensed child welfare agency,
2transfer guardianship of the child to an agency listed in s. 48.427
(3) (3m) (a) 1. to
34. and place the child in the home of a licensed foster parent or licensed treatment
4foster parent with whom the child has resided for 6 months or longer. Pursuant to
5such a placement, this licensed foster parent or licensed treatment foster parent
6shall be a sustaining parent with the powers and duties specified in sub. (3).
SB501, s. 101
7Section
101. 48.428 (2) (b) of the statutes is created to read:
SB501,79,168
48.428
(2) (b) When a court places a child in sustaining care after an order
9under s. 48.427 (4) with a person who has been appointed as the guardian of the child
10under s. 48.977 (2), the court may transfer legal custody of the child to the county
11department or a licensed child welfare agency, transfer guardianship of the child to
12an agency listed in s. 48.427 (3m) (a) 1. to 4. and place the child in the home of a
13licensed foster parent or licensed treatment foster parent with whom the child has
14resided for 6 months or longer. Pursuant to such a placement, that licensed foster
15parent or licensed treatment foster parent shall be a sustaining parent with the
16powers and duties specified in sub. (3).
Note: These Sections amend s. 48.428 (2), stats., relating to the authority of the
juvenile court to place a child in sustaining care, to do all of the following:
1. Renumber s. 48.428 (2), stats., to s. 48.428 (2) (a), stats., and create s. 48.428 (2)
(b), stats.
2. Revise a reference to s. 48.427 (3), stats., in current law to reflect the
renumbering in that subsection by this bill.
3. Create an exception to the mandatory transfer of legal custody and
guardianship when a sustaining care order is entered [s. 48.428 (2) (a), stats., as
renumbered in the bill] to provide that, if a guardian has been appointed for the child
under s. 48.977 (2), stats., as created by this bill, such a transfer of legal custody and
guardianship is permissive.
SB501, s. 102
17Section
102. 48.43 (1) (a) of the statutes is amended to read:
SB501,80,218
48.43
(1) (a) The identity of any agency or individual that
has received
19guardianship of the child or will receive guardianship or custody of the child upon
1termination and the identity of the agency which will be responsible for securing the
2adoption of the child or establishing the child in a permanent family setting.
Note: Revises s. 48.43 (1) (a), stats., relating to a required item in the contents of
an order for TPR, to specify that the order must contain the identity of any agency or
individual that has received guardianship of the child or will receive guardianship or
custody of the child upon TPR. Current law only refers to "will receive" and does not refer
to an agency or individual that has already received guardianship of the child, such as
a guardian under s. 48.977 (2), stats., as created by this bill.
SB501, s. 103
3Section
103. 48.43 (4) of the statutes is amended to read:
SB501,80,104
48.43
(4) A certified copy of the order terminating parental rights shall be
5furnished by the court to the agency given guardianship for placement for adoption
6of the child or to the person or agency given custodianship or guardianship for
7placement of the child in sustaining care
and to the person appointed as the guardian
8of the child under s. 48.977 (2). The court shall, upon request, furnish a certified copy
9of the child's birth certificate and a transcript of the testimony in the termination of
10parental rights hearing to the same person or agency.
Note: Revises s. 48.43 (4), stats., relating to the requirement that the juvenile
court furnish a certified copy of the TPR order to certain persons and entities, to include
the person appointed as the guardian of the child under s. 48.977 (2), stats., as created
by this bill, as one of those persons required to be furnished with a certified copy of the
order.