LRB-0918/1
GMM:jrd:kaf
1995 - 1996 LEGISLATURE
February 14, 1995 - Introduced by Senators Rosenzweig, Darling, Fitzgerald and
Weeden, cosponsored by Representatives
Klusman, Krusick, Duff, Dobyns,
Ourada, Hasenohrl, Underheim, Ziegelbauer, Goetsch, Hahn, Kreibich,
Silbaugh, Lazich and
Owens. Referred to Committee on Judiciary.
SB67,1,3
1An Act to amend 48.356 (1) and (2) and 48.415 (4) of the statutes;
relating to:
2termination of parental rights on the grounds of continuing denial of visitation
3by the juvenile court.
Analysis by the Legislative Reference Bureau
Under current law, continuing denial of periods of physical placement by a court
order in an action affecting the family, for example, a divorce, separation or paternity
action, is a grounds for involuntary termination of parental rights (TPR).
Continuing denial of periods of physical placement may be established by a showing
that the parent has been denied periods of physical placement, that is, periods in
which the parent has the right to have the child physically placed with the parent
and the right and responsibility to make routine daily decisions regarding the child's
care, for a period of one year by a court order in an action affecting the family.
This bill expands that TPR ground to include continuing denial of visitation by
a court assigned to exercise jurisdiction under the children's code (juvenile court).
The bill also requires a juvenile court, when denying a parent visitation, to warn the
parent orally and in writing that continuing denial of visitation is a grounds for TPR
and of the conditions necessary for the parent to be granted visitation. That warning
is currently required when a child is placed outside of his or her home.
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:
SB67, s. 1
4Section
1. 48.356 (1) and (2) of the statutes are amended to read:
SB67,2,7
148.356
(1) Whenever the court orders a child to be placed outside his or her
2home
or denies a parent visitation because the child has been adjudged to be in need
3of protection or services under s. 48.345, 48.357, 48.363 or 48.365, the court shall
4orally inform the parent or parents who appear in court of any grounds for
5termination of parental rights under s. 48.415 which may be applicable and of the
6conditions necessary for the child to be returned to the home
or for the parent to be
7granted visitation.
SB67,2,10
8(2) In addition to the notice required under sub. (1), any written order which
9places a child outside the home
or denies visitation under sub. (1) shall notify the
10parent or parents of the information specified under sub. (1).
SB67, s. 2
11Section
2. 48.415 (4) of the statutes is amended to read:
SB67,2,1412
48.415
(4) (title)
Continuing denial of periods of physical placement or
13visitation. Continuing denial of periods of physical placement
or visitation may be
14established by a showing
that of all of the following:
SB67,2,1815
(a)
The That the parent has been denied periods of physical placement by court
16order in an action affecting the family
; and or has been denied visitation under an
17order under s. 48.345, 48.357, 48.363 or 48.365 containing the notice required by s.
1848.356 (2).
SB67,2,2119
(b)
At That at least 1 year has elapsed since the order denying periods of
20physical placement
or visitation was issued and the court has not subsequently
21modified its order so as to permit periods of physical placement
or visitation.
SB67,3,3
1(1) This act first applies to orders under section 48.345, 48.357, 48.363 or
248.365 of the statutes denying a parent visitation entered on the effective date of this
3subsection.