AB526: Bill Text

AB526,74,10 (c) A concise summary of the relief requested in the petition.

AB526,74,12 (d) The name, mailing address and telephone number of the petitioner or the petitioner's attorney.

AB526,74,14 (e) A conspicuous statement of the method of responding to the notice and the consequences of a failure to respond.

AB526,74,15 (f) Any other information required under s. 801.09.

AB526,74,18 (3) Manner and effect of service. (a) Personal service of the notice required under sub. (1) shall be made in the manner prescribed for service of a summons under ss. 801.10 and 801.11, unless the court otherwise directs.

AB526,74,21 (b) Except as otherwise provided in par. (c), a person who fails to respond to a notice under sub. (1) within 20 days after its service may not appear in or receive further notice of the proceeding for adoption.

AB526,75,2 (c) An individual who is a respondent in a petition for termination of parental rights under s. 48.90 that is served on the individual with the notice required under sub. (1) may not appear in or receive further notice of the proceeding for adoption or the proceeding for termination of parental rights unless the individual responds to the notice as required under s. 48.90 (4) (a).

AB526,75,10 (4) Investigation and notice to unknown father. (a) If at any time in a proceeding for the adoption of a minor or a proceeding for termination of parental rights to a minor under s. 48.90 the court finds that an unknown father of the minor may not have received notice of the proceeding, the court shall determine whether the unknown father can be identified. The court shall make that determination based on evidence that includes evidence acquired from inquiries, including the inquiries under par. (b), of appropriate persons to identify the unknown father for the purpose of providing notice.

AB526,75,11 (b) The inquiries required under par. (a) shall include all of the following:

AB526,75,13 1. Whether the woman who gave birth to the minor was married at the probable time of conception of the minor, or at a later time.

AB526,75,15 2. Whether the woman who gave birth to the minor was cohabiting with a man at the probable time of conception of the minor.

AB526,75,18 3. Whether the woman who gave birth to the minor has received any payments or promises of support, other than from a governmental agency, with respect to the minor or because of her pregnancy.

AB526,75,21 4. Whether the woman who gave birth to the minor has named any individual as the father of the minor on the birth certificate of the minor or in connection with applying for or receiving public assistance.

AB526,75,25 5. Whether any individual has formally or informally acknowledged or claimed paternity of the minor in a jurisdiction in which the woman who gave birth to the minor resided during or since her pregnancy or in the jurisdiction in which the minor has resided or resides at the time of the inquiry.

AB526,76,4 (c) If an inquiry under par. (b) identifies as the father of the minor an individual who has not received notice of the proceeding, the court shall require notice to be served on that individual under sub. (3), unless service is not possible because the whereabouts of the individual are unknown.

AB526,76,11 (d) If after inquiry under par. (b) the court finds that personal service cannot be made on the father of the minor because the identity or whereabouts of the father are unknown, the court shall order publication of the notice only if, on the basis of all information available, the court determines that publication is likely to lead to receipt of notice by the father. If the court determines that publication is not likely to lead to receipt of notice by the father, the court may dispense with publication of a notice.

AB526,76,18 (e) If in an inquiry under this subsection the woman who gave birth to the minor fails to disclose the identity of a possible father of the minor or to reveal the whereabouts of that possible father, the person conducting the inquiry shall advise the woman that the proceeding for adoption may be delayed or subject to challenge if a possible father is not given notice of the proceeding, that the lack of information about the father's medical and genetic history may be detrimental to the minor and that the woman is subject to a civil penalty if she knowingly misidentifies the father.

AB526,76,21 (5) Waiver of notice. (a) A person who is entitled to receive notice under sub. (1) may waive the notice before the court or in a consent to adoption, relinquishment or other document signed by the person.

AB526,76,24 (b) Except for the purpose of moving to revoke or set aside a consent to adoption or relinquishment on the ground that it was obtained by fraud or duress, a person who has waived notice under par. (a) may not appear in the proceeding for adoption.

AB526,77,3 48.90 Petition for termination of parental rights. (1) Authorization. Any of the following persons may file a petition to terminate the parental rights to a minor of a parent or alleged parent of the minor:

AB526,77,6 (a) A parent or guardian of the minor who has selected a proposed adoptive parent for the minor and who intends to place, or has placed, the minor with the proposed adoptive parent.

AB526,77,8 (b) A parent whose spouse has filed a petition under s. 48.94 to adopt the parent's child.

AB526,77,10 (c) A prospective adoptive parent of the minor who has filed a petition under s. 48.88 or 48.94 to adopt the minor.

AB526,77,12 (d) An agency that has selected a prospective adoptive parent for the minor and that intends to place, or has placed, the minor with the proposed adoptive parent.

AB526,77,15 (2) Timing and content of petition. (a) A person specified in sub. (1) may file a petition under this section at any time after a petition for adoption has been filed under s. 48.88 or 48.94 and before a decree of adoption is entered.

AB526,77,17 (b) A petitioner under this section shall sign and verify the petition and file the petition with the court. The petition shall state all of the following information:

AB526,77,18 1. The name of the petitioner.

AB526,77,19 2. The name of the minor.

AB526,77,21 3. The name and last-known address of the parent or alleged parent whose parental rights to the minor are sought to be terminated.

AB526,77,23 4. The facts and circumstances forming the basis for the petition and the grounds on which the petitioner seeks the termination of parental rights.

AB526,78,3 5. If the petitioner is a prospective adoptive parent, that the petitioner intends to proceed with the petition to adopt the minor if the petition to terminate parental rights is granted.

AB526,78,6 6. If the petitioner is a parent or guardian of the minor or is an agency, that the petitioner has selected the prospective adoptive parent who is the petitioner in the proceeding for adoption.

AB526,78,10 (3) Service of petition and notice. (a) A petition to terminate parental rights under this section and a notice of hearing on the petition shall be served on the respondent, with notice of the proceeding for adoption, in the manner specified in s. 48.89 (3) and (4).

AB526,78,12 (b) The notice of hearing shall inform the respondent of the method of responding to the petition and shall advise the respondent of all of the following:

AB526,78,15 1. That the respondent has the right to be represented by an attorney regardless of ability to pay under s. 48.23 and ch. 977 and may be entitled to have an attorney appointed by the court.

AB526,78,20 2. That, if the respondent fails to respond within 20 days after service and, in the case of an alleged father who has not already filed a claim of paternity, fails to file a claim of paternity within 20 days after service, the court will terminate the respondent's parental rights to the minor, unless the proceeding for adoption is dismissed.

AB526,79,2 (4) Grounds for termination of parental rights. (a) If the respondent is served with a petition to terminate parental rights under this section and a notice of hearing on the petition and fails to respond within 20 days after the service and, in the case of an alleged father who has not already filed a claim of paternity, fails to file a claim of paternity within 20 days after the service, the court shall terminate the respondent's parental rights to the minor, unless the proceeding for adoption is dismissed.

AB526,79,5 (b) If under s. 48.89 (4) the court dispenses with service of the petition on the respondent, the court shall terminate the respondent's parental rights to the minor, unless the proceeding for adoption is dismissed.

AB526,79,10 (c) If the respondent responds and asserts his or her parental rights, the court shall proceed expeditiously with a hearing. If the court finds, by clear and convincing evidence, that any of the following grounds exists and finds, by a preponderance of the evidence, that termination of parental rights is in the best interest of the minor, the court shall terminate the respondent's parental rights to the minor:

AB526,79,14 1. In the case of a minor who has not attained the age of 6 months at the time the petition for adoption is filed, unless the respondent proves by a preponderance of the evidence that the respondent had a compelling reason for not complying with this subdivision, the respondent has failed to do all of the following:

AB526,79,16 a. Pay reasonable prenatal, natal and postnatal expenses in accordance with the respondent's financial means.

AB526,79,18 b. Make reasonable and consistent payments, in accordance with the respondent's financial means, for the support of the minor.

AB526,79,19 c. Visit regularly with the minor.

AB526,79,22 d. Manifest an ability and willingness to assume legal custody and physical custody of the minor if, from the time of the minor's birth to the time of the filing of the petition, the minor was not in the physical custody of the minor's other parent.

AB526,80,2 2. In the case of a minor who has attained the age of 6 months at the time the petition for adoption is filed, unless the respondent proves by a preponderance of the evidence that the respondent had a compelling reason for not complying with this subdivision, the respondent, for a period of at least 6 consecutive months immediately preceding the filing of the petition, has failed to do all of the following:

AB526,80,4 a. Make reasonable and consistent payments, in accordance with the respondent's financial means, for the support of the minor.

AB526,80,5 b. Communicate or visit regularly with the minor.

AB526,80,8 c. Manifest an ability and willingness to assume legal custody and physical custody of the minor if, during those 6 consecutive months, the minor was not in the physical custody of the other parent.

AB526,80,13 3. The respondent has been convicted of a crime specified in s. 48.355 (2d) (b) 1. or 2., or of violating a temporary restraining order or injunction under s. 813.12, 813.122 or 813.125 and the facts of the crime or violation and the respondent's behavior indicate that the respondent is unfit to maintain a relationship of parent and child with the minor.

AB526,80,16 4. The respondent is a man who was not married to the minor's mother when the minor was conceived or born and who is not the biological or adoptive father of the minor.

AB526,80,17 5. Termination of parental rights is justified on a ground specified in s. 48.415.

AB526,80,24 (d) If the respondent proves by a preponderance of the evidence that he or she had a compelling reason for not complying with par. (c) 1. or 2. and that termination of parental rights is not justified on a ground specified in par. (c) 3., 4. or 5., the court may terminate the parental rights to the minor of the respondent only if the court finds, by clear and convincing evidence, that any of the following grounds exists and, by a preponderance of the evidence, that termination of parental rights is in the best interest of the minor:

AB526,81,4 1. If the minor is not in the legal custody and physical custody of the minor's other parent, the respondent is not able or willing promptly to assume legal custody and physical custody of the minor and to pay for the minor's support, in accordance with the respondent's financial means.

AB526,81,9 2. If the minor is in the legal custody and physical custody of the minor's other parent and a stepparent, and the stepparent is the prospective adoptive parent, the respondent is not able or willing promptly to establish and maintain contact with the minor and to pay for the minor's support, in accordance with the respondent's financial means.

AB526,81,15 3. Placing the minor in the respondent's legal custody and physical custody would pose a risk of substantial harm to the physical or psychological well-being of the minor because the circumstances of the minor's conception, the respondent's behavior during the mother's pregnancy or since the minor's birth, or the respondent's behavior with respect to other minors, indicates that the respondent is unfit to maintain a relationship of parent and child with the minor.

AB526,81,17 4. Failure to terminate the parental rights to the minor of the respondent would be detrimental to the minor.

AB526,82,2 (e) In making a determination under par. (d) 4., the court shall consider any factor that is relevant in making that determination, including the respondent's efforts to obtain or maintain legal custody and physical custody of the minor, the role of other persons in thwarting the respondent's efforts to assert his or her parental rights, the respondent's ability to care for the minor, the age of the minor, the quality of any previous relationship between the respondent and the minor and between the respondent and any other minor children, the duration and suitability of the minor's present custodial environment and the effect that a change in the minor's physical custody might have on the minor.

AB526,82,4 (5) Effect of order granting petition. An order under this section granting a petition to terminate parental rights has all of the following effects:

AB526,82,7 (a) The order terminates the relationship of parent and child between the respondent and the minor, except for any obligation to pay arrearages of child support.

AB526,82,10 (b) The order extinguishes any right the respondent had to withhold his or her consent to a proposed adoption of the minor or to receive any further notice of a proceeding for the adoption of the minor.

AB526,82,11 (c) The order is a final order for purposes of appeal.

AB526,82,12 (6) Effect of order denying petition.

AB526,82,16 (a) If the court denies a petition under this section to terminate parental rights, the court shall dismiss the proceeding for adoption and shall determine the legal custody and physical custody of the minor according to the criteria specified in s. 48.92 (4).

AB526,82,18 (b) An order under this section denying a petition to terminate parental rights is a final order for purposes of appeal.

AB526,82,23 48.91 Evaluation of adoptee and prospective adoptive parent. (1) Evaluation during proceeding for adoption. (a) After a petition for the adoption of a minor is filed, the court shall order an individual who is qualified under s. 48.83 (2) to make an evaluation of the minor's placement with the proposed adoptive parent.

AB526,82,25 (b) The court shall provide the evaluator with copies of the petition for adoption and of the items filed with the petition.

AB526,83,4 (2) Content of evaluation. (a) The evaluator shall personally interview the petitioner in the petitioner's residence, observe the relationship between the adoptee and the petitioner, obtain the information specified in par. (b) and base the evaluation on that personal interview, observation and information.

AB526,83,6 (b) An evaluation under sub. (1) (a) shall be in writing and shall contain all of the following information:

AB526,83,9 1. An account of any change in the petitioner's marital status or family history, physical or mental health, home environment, property, income or financial obligations since the filing of the preplacement evaluation.

AB526,83,12 2. All reasonably available information concerning the physical, mental and emotional condition of the adoptee that is not included in any report on the adoptee's health, genetic and social history filed in the proceeding for adoption.

AB526,83,15 3. Copies of any court order, judgment or decree, or any significant documents from a pending legal proceeding, affecting the adoptee, the petitioner or any child of the petitioner.

AB526,83,17 4. A list of the expenses, fees or other charges incurred, paid or to be paid, and anything of value exchanged or to be exchanged, in connection with the adoption.

AB526,83,19 5. Any behavior or characteristic of the petitioner that raises a specific concern, as described in s. 48.83 (4) (a), about the petitioner or the petitioner's home.

AB526,83,22 6. A finding by the evaluator concerning the suitability of the petitioner and the petitioner's home for the adoptee and a recommendation concerning the granting of the petition for adoption.

AB526,83,25 (3) Time and filing of evaluation. (a) The evaluator shall complete the evaluation and file the evaluation with the court within 60 days after receipt of the court's order for an evaluation, unless the court for good cause allows a later filing.

AB526,84,4 (b) If an evaluation raises a specific concern, as described in s. 48.83 (4) (a), the evaluator shall file the evaluation immediately and shall explain in the evaluation why the specific concern poses a significant risk of harm to the physical or psychological well-being of the adoptee.

AB526,84,8 (c) The evaluator shall provide the petitioner with a copy of the evaluation when the evaluation is filed with the court and shall retain for 3 years after the date of filing a copy of the evaluation and a list of every source for each item of information contained in the evaluation.

AB526,84,13 48.92 Dispositional hearing; decree of adoption. (1) Time for hearing on petition. The court shall set a date and time for hearing the petition for adoption. The hearing may be held no sooner than 90 days, and no later than 180 days, after the date on which the petition for adoption is filed, unless the court for good cause sets an earlier or later date and time.

AB526,84,15 (2) Disclosure of fees and charges. At least 10 days before the hearing the following individuals shall file the following documents with the court:

AB526,84,21 (a) The petitioner shall file with the court a signed and verified accounting of any payment or disbursement of money or anything of value made or agreed to be made by or on behalf of the petitioner in connection with the adoption, including any payment prohibited or authorized under s. 48.96. The accounting shall include the date and amount of each payment or disbursement made, the name and address of each recipient and the purpose of each payment or disbursement.

AB526,84,24 (b) The attorney for the petitioner shall file with the court an affidavit itemizing any fee, compensation or other thing of value received by, or agreed to be paid to, the attorney incidental to the placement and adoption of the minor.

AB526,85,4 (c) The attorney for each parent of the minor or for the guardian of the minor shall file with the court an affidavit itemizing any fee, compensation or other thing of value received by, or agreed to be paid to, the attorney incidental to the placement and adoption of the minor.

AB526,85,7 (d) If an agency placed the minor for adoption, the agency shall file with the court an affidavit itemizing any fee, compensation or other thing of value received by the agency for, or incidental to, the placement and adoption of the minor.

AB526,85,10 (e) If a guardian placed the minor for adoption, the guardian shall file with the court an affidavit itemizing any fee, compensation or other thing of value received by the guardian for, or incidental to, the placement and adoption of the minor.

AB526,85,14 (3) Granting petition for adoption. (a) The court shall grant a petition for adoption if the court determines that the adoption will be in the best interest of the minor, that the petitioner is a suitable adoptive parent for the minor and that all of the following requirements have been met:

AB526,85,16 1. At least 90 days have elapsed since the filing of the petition for adoption, unless the court, for good cause shown, waives this requirement.

AB526,85,18 2. The adoptee has been in the physical custody of the petitioner for at least 90 days, unless the court, for good cause shown, waives this requirement.

AB526,85,20 3. Notice of the proceeding for adoption has been served on, or dispensed with as to, any person entitled to receive notice under s. 48.89.

AB526,85,23 4. Every necessary consent to the adoption, relinquishment, waiver, disclaimer of parental interest and judicial order terminating parental rights, including an order issued under s. 48.90, has been obtained and filed with the court.