2005 - 2006 LEGISLATURE
March 16, 2005 - Introduced by Representatives Moulton, Kreibich, Suder,
Pettis, Gronemus, Petrowski, Nass, Vos, Musser, Hines, Mursau, Krawczyk,
Bies, Van Roy, Hahn, Gunderson, Montgomery, Albers, Townsend,
Pridemore and Ott, cosponsored by Senators Harsdorf, Brown, Roessler,
Lassa, Olsen and
Kanavas. Referred to Committee on Family Law.
1An Act to create
48.415 (11) of the statutes; relating to: termination of parental
2rights on the grounds of manufacturing methamphetamine with a child of the
3person whose parental rights are sought to be terminated present.
Analysis by the Legislative Reference Bureau
Under current law, the parental rights of a parent to a child may be terminated
involuntarily on various grounds including the ground that the parent has
committed a serious felony, such as homicide, assault, or sexual assault, against a
child of the parent. This bill permits the parental rights of a parent to a child to be
terminated involuntarily on the ground that the parent has manufactured
methamphetamine with a child of the parent present. Under the bill, this ground
must be established by proving that the parent has been convicted of manufacturing
methamphetamine or a controlled substance analog of methamphetamine and that
a child of the parent was present when the methamphetamine was being
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:
AB213, s. 1
48.415 (11) of the statutes is created to read:
Manufacturing methamphetamine with a child of the person 2
present, which shall be established by proving that the person whose parental rights 3
are sought to be terminated has been convicted of manufacturing methamphetamine 4
or a controlled substance analog of methamphetamine under s. 961.41 (1) (e) or 5
under the law of any other state or federal law as evidenced by a final judgment of 6
conviction and that a child of the person was present when the methamphetamine 7
was being manufactured.
(1) Termination of parental rights on grounds of manufacturing
10methamphetamine with child present.
This act first applies to a petition for 11
termination of parental rights under section 48.42 (1) of the statutes filed on the 12
effective date of this subsection, but precludes consideration of a conviction under 13
section 961.41 (1) (e) of the statutes or under the law of any other state or federal law 14
obtained before the effective date of this subsection in determining whether to 15
terminate, or to find grounds to terminate, the parental rights of a person under 16
section 48.415 (11) of the statutes, as created by this act.