AB521, s. 4
6Section
4
. 48.025 (2) (b) of the statutes is created to read:
AB521,13,117
48.025
(2) (b) A declaration under sub. (1) may be filed at any time before the
8birth of the child or within 14 days after the birth of the child, except that a man who
9receives a notice under s. 48.42 (1g) (b) may file a declaration within 21 days after
10the date on which the notice was mailed. This paragraph does not apply to a
11declaration filed before the effective date of this paragraph .... [revisor inserts date].
Note: Provides that a declaration of paternal interest may be filed at any time
before the birth of the child or within 14 days after the birth, unless the man receives a
notice as provided in s. 48.42 (1g) (b), stats., as created by the bill. In that case, the man
may file a declaration within 21 days after the mailing date after the notice.
AB521, s. 5
12Section
5
. 48.025 (2) (d) of the statutes is created to read:
AB521,13,1813
48.025
(2) (d) A person who has filed a declaration under sub. (1) may revoke
14the declaration at any time by filing with the department a statement, signed and
15verified upon oath or affirmation, that the person, to the best of his knowledge and
16belief, is not the father of the child or that another person has been adjudicated as
17the father of the child. If the person filing the revocation is under 18 years of age,
18the revocation shall also be signed by a parent or guardian of the person.
Note: Permits a person who has filed a declaration of paternal interest to revoke
the declaration. If the person filing the revocation is a minor, the revocation must also
be signed by the person's parent or guardian.
AB521, s. 6
19Section
6. 48.025 (3) of the statutes is renumbered 48.025 (3) (b).
AB521, s. 7
1Section
7. 48.025 (3) (a) of the statutes is created to read:
AB521,14,52
48.025
(3) (a) The department shall keep confidential and may not open to
3public inspection or disclose the contents of any declaration, revocation of a
4declaration, or response to a declaration filed under this section, except as provided
5under pars. (b) and (c) or by order of the court for good cause shown.
AB521, s. 8
6Section
8. 48.025 (3) (c) and (d) of the statutes are created to read:
AB521,14,207
48.025
(3) (c) A court in a proceeding under s. 48.13, 48.133, 48.14, or 938.13
8or under a substantially similar law of another state or a person authorized to file
9a petition under s. 48.42, 48.837, or 938.25 or under a substantially similar law of
10another state may request the department to search its files to determine whether
11a person who may be the father of the child who is the subject of the proceeding has
12filed a declaration under this section. If the department has on file a declaration of
13paternal interest in matters affecting the child, the department shall issue to the
14requester a copy of the declaration. If the department does not have on file a
15declaration of paternal interest in matters affecting the child, the department shall
16issue to the requester a statement that no declaration could be located. The
17department may require a person who requests a search under this paragraph to pay
18a reasonable fee that is sufficient to defray the costs to the department of
19maintaining its file of declarations and publicizing information relating to
20declarations of paternal interest under this section.
AB521,14,2521
(d) Any person who obtains any information under this subsection may use or
22disclose that information only for the purposes of a proceeding under s. 48.13, 48.133,
2348.14, or 938.13 or under a substantially similar law of another state and may not
24use or disclose that information for any other purpose except by order of the court for
25good cause shown.
Note: Requires DHFS to keep declarations of paternal interest confidential, except
that DHFS must, on the request of a juvenile court in a CHIPS, a juvenile in need of
protection or services (JIPS), a TPR, or an adoption proceeding or of a person authorized
to file a CHIPS, JIPS, TPR, or adoption petition, search its files to determine whether a
person who may be the father of the child who is the subject of the proceeding has filed
a declaration. If DHFS has a declaration on file, it must issue to the requester a copy of
the declaration. If DHFS does not have a declaration on file, it must issue to the requester
a statement that no declaration could be located. A TPR petitioner then must file with
the juvenile court, prior to the plea hearing, the copy of the declaration or the statement
that no declaration could be located.
AB521, s. 9
1Section
9
. 48.025 (5) of the statutes is created to read:
AB521,15,42
48.025
(5) (a) The department shall publicize, in a manner calculated to
3provide maximum notice to all persons who might claim to be the father of a
4nonmarital child, all of the following information:
AB521,15,75
1. That a person claiming to be the father of a nonmarital child may
6affirmatively protect his parental rights by filing a declaration of interest under this
7section.
AB521,15,88
2. The procedures for filing a declaration of interest.
AB521,15,99
3. The consequences of filing a declaration of interest.
AB521,15,1010
4. The consequences of not filing a declaration of interest.
AB521,15,1411
(b) The department may publicize the information under par. (a) by posting the
12information on the Internet, by creating a pamphlet for use by schools and health
13care providers, and by requiring agencies that provide services under contract with
14the department to provide the information to clients.
Note: Requires DHFS to publicize information about declarations of paternal
interest. Specifically, DHFS must publicize that a person who may be the father of a child
may affirmatively protect his parental rights by filing a declaration, the procedures for
and consequences of filing a declaration, and the consequences of not filing a declaration.
DHFS may publicize this information on the Internet, through a pamphlet, and by
requiring agencies that provide services under contract with DHFS to provide the
information to clients.
AB521, s. 10
15Section
10
. 48.025 (6) of the statutes is created to read:
AB521,16,4
148.025
(6) (a) Any person who makes a false statement in a declaration,
2revocation of a declaration, or response to a declaration filed under this section that
3the person does not believe is true is subject to prosecution for false swearing under
4s. 946.32 (2).
AB521,16,75
(b) Except as permitted under sub. (3), any person who intentionally obtains,
6uses, or discloses information that is confidential under this section may be fined not
7more than $1,000 or imprisoned for not more than 90 days or both.
Note: Provides that a person who makes a false statement in a declaration,
revocation of a declaration, or response to a declaration that the person does not believe
is true is subject to prosecution for false swearing. False swearing is a Class A
misdemeanor punishable by a fine not to exceed $10,000 or imprisonment not to exceed
9 months, or both.
Also, a person who intentionally obtains, uses, or discloses information relating to
a declaration that is confidential may be fined up to $1,000 or imprisoned for up to 90 days
or both.
AB521, s. 11
8Section
11. 48.235 (1) (g) of the statutes is created to read:
AB521,16,139
48.235
(1) (g) The court shall appoint a guardian ad litem for a parent who is
10the subject of a termination of parental rights proceeding, if any assessment or
11examination of a parent that is ordered under s. 48.295 (1) shows that the parent is
12not competent to participate in the proceeding or to assist his or her counsel or the
13court in protecting the parent's rights in the proceeding.
Note: Requires a juvenile court, in a TPR proceeding, to appoint a GAL for a parent
who is the subject of such a proceeding if any assessment or examination of the parent
shows that the parent is not competent to participate in the proceeding or to assist his
or her counsel or the juvenile court in protecting the parent's rights in the proceeding.
AB521, s. 12
14Section
12. 48.235 (5m) of the statutes is created to read:
AB521,17,315
48.235
(5m) Matters involving contested termination of parental rights
16proceedings. (a) In any termination of parental rights proceeding involving a child
17who has been found to be in need of protection or services and whose parent is
18contesting the termination of his or her parental rights, a guardian ad litem for a
19parent who has been appointed under sub. (1) (g) shall provide information to the
1court relating to the parent's competency to participate in the proceeding, and shall
2also provide assistance to the court and the parent's adversary counsel in protecting
3the parent's rights in the proceeding.
AB521,17,74
(b) The guardian ad litem may not participate in the proceeding as a party, and
5may not call witnesses, provide opening statements or closing arguments, or
6participate in any activity at trial that is required to be performed by the parent's
7adversary counsel.
Note: Requires the GAL for a parent to provide information to the juvenile court
relating to the parent's competency to participate in a contested TPR proceeding, and to
also provide assistance to the juvenile court and to the parent's adversary counsel in
protecting the parent's rights in the proceeding. This provision also specifies that the
GAL may not participate in the proceeding as a party, and may not call witnesses, provide
opening statements or closing arguments, or participate in any activity at trial that is
required to be performed by the parent's adversary counsel.
AB521, s. 13
8Section
13
. 48.27 (3) (b) 1. a. of the statutes is amended to read:
AB521,17,109
48.27
(3) (b) 1. a. A person who has filed a declaration of
paternal interest under
10s. 48.025.
AB521, s. 14
11Section
14
. 48.27 (5) of the statutes is amended to read:
AB521,17,1712
48.27
(5) Subject to sub. (3) (b), the court shall make every reasonable effort
13to identify and notify any person who has filed a declaration of
paternal interest
14under s. 48.025
, any person who has acknowledged paternity of the child under s.
15767.62 (1), and any person who has been adjudged to be the
biological father of the
16child in a judicial proceeding unless the
biological father's person's parental rights
17have been terminated.
Note: Under current law, the juvenile court must make every reasonable effort to
identify any person who has filed a declaration of paternal interest and any person who
has been adjudged to be the father of the child, if his parental rights have not been
terminated, of a CHIPS proceeding.
This Section also requires the juvenile court to make every reasonable effort to
identify and notify a person who has acknowledged paternity of the child.
AB521, s. 15
18Section
15. 48.295 (1) of the statutes is amended to read:
AB521,18,24
148.295
(1) After the filing of a petition and upon a finding by the court that
2reasonable cause exists to warrant
an a physical, psychological, mental, or
3developmental examination or an alcohol and other drug abuse assessment that
4conforms to the criteria specified under s. 48.547 (4), the court may order any child
5coming within its jurisdiction to be examined as an outpatient by personnel in an
6approved treatment facility for alcohol and other drug abuse, by a physician,
7psychiatrist or licensed psychologist, or by another expert appointed by the court
8holding at least a master's degree in social work or another related field of child
9development, in order that the child's physical, psychological, alcohol or other drug
10dependency, mental
, or developmental condition may be considered. The court may
11also order
an a physical, psychological, mental, or developmental examination or an
12alcohol and other drug abuse assessment that conforms to the criteria specified
13under s. 48.547 (4) of a parent, guardian
, or legal custodian whose ability to care for
14a child is at issue before the court or of an expectant mother whose ability to control
15her use of alcohol beverages, controlled substances
, or controlled substance analogs
16is at issue before the court. The court shall hear any objections by the child
, or the
17child's parents, guardian
, or legal custodian to the request for such an examination
18or assessment before ordering the examination or assessment.
At the time an
19examination of a parent, guardian, or legal custodian is ordered, the court shall
20advise the subject of the examination of the provisions of sub. (2c). The expenses of
21an examination, if approved by the court, shall be paid by the county of the court
22ordering the examination in a county having a population of less than 500,000 or by
23the department in a county having a population of 500,000 or more. The payment
24for an alcohol and other drug abuse assessment shall be in accordance with s. 48.361.
Note: Adds language to clarify that the "examination" referred to in s. 48.295 (1),
stats., is a physical, psychological, mental, or developmental examination, as is specified
in the title to this statutory section. Requires the court to inform a parent, guardian, or
legal custodian of the provisions of s. 48.295 (2c), stats., when an examination is ordered.
AB521, s. 16
1Section
16. 48.295 (2c) of the statutes is created to read:
AB521,19,62
48.295
(2c) Statements made by a parent, guardian, or legal custodian, and the
3results of any tests conducted and any diagnosis made, in the course of an
4assessment or examination performed under sub. (1), are not privileged in any
5proceeding under ch. 48 or ch. 938, except in a delinquency proceeding under s.
6938.12.
Note: Provides that statements made by a parent and the results of any tests
conducted and any diagnosis made in the course of an alcohol or drug abuse assessment
or physical, psychological, mental or developmental examination under 48.295 (1), are
not privileged in any proceeding under ch. 48 or ch. 938, stats., except in a delinquency
proceeding under s. 938.12, stats.
AB521, s. 17
7Section
17. 48.355 (2) (b) 1. of the statutes is renumbered 48.355 (2) (b) 1.
8(intro.) and amended to read:
AB521,19,199
48.355
(2) (b) 1. (intro.) The specific services or continuum of services to be
10provided to the child and family, to the child expectant mother and family
, or to the
11adult expectant mother, the identity of the agencies which are to be primarily
12responsible for the provision of the services ordered by the judge, the identity of the
13person or agency who will provide case management or coordination of services, if
14any, and, if custody of the child is to be transferred to effect the treatment plan, the
15identity of the legal custodian.
Regardless of any other provision of an order under
16this section, during any period of incarceration of a parent serving a prison sentence,
17services for the parent shall be limited to services that are available within the
18correctional institution, and the agency primarily responsible for the provision of
19services ordered by the judge shall do all of the following:
AB521, s. 18
20Section
18. 48.355 (2) (b) 1. a. to d. of the statutes are created to read:
AB521,20,2
148.355
(2) (b) 1. a. Advise the parent of the services that may be available
2within the correctional institution.
AB521,20,53
b. Advise the correctional institution of the services to be provided under the
4court order and, if the child is placed outside the home, of the conditions contained
5in the court order for the safe return of the child to the home.
AB521,20,76
c. Monitor the parent's participation and progress in relevant services made
7available to the parent within the correctional institution.
AB521,20,98
d. Arrange for visitation between the parent and child if the court finds that
9visitation is in the best interests of the child.
Note: Provides that services under a dispositional order for a parent who is serving
a prison sentence must be limited during any period of incarceration to services that are
available within the correctional institution and requires the agency primarily
responsible for the provision of services to do all of the following:
• Advise the parent of services that may be available within the correctional
institution.
• Advise the correctional institution of the services to be provided under the
juvenile court order and, if the child is placed outside the home, of the conditions
contained in the juvenile court order for the safe return of the child to the home.
• Monitor the parent's participation and progress in relevant services made
available to the parent within the correctional institution.
• Arrange for visitation between the parent and child if the juvenile court finds that
visitation is in the best interests of the child.
AB521, s. 19
10Section
19. 48.368 (1) of the statutes is amended to read:
AB521,20,18
1148.368 Continuation of dispositional orders. (1) If a petition for
12termination of parental rights is filed under s. 48.41 or 48.415 or an appeal from a
13judgment terminating or denying termination of parental rights is filed during the
14year in which a dispositional order under s. 48.355
or
, an extension order under s.
1548.365
, a voluntary agreement for placement of the child under s. 48.63, or a
16guardianship order under s. 48.977 or ch. 880 is in effect, the dispositional or
17extension order
, voluntary agreement, or guardianship order shall remain in effect
18until all proceedings related to the filing of the petition or an appeal are concluded.
Note: Current law provides that if a petition for TPR is filed or an appeal from a
judgment terminating or denying TPR is filed during the year in which a CHIPS
dispositional order or extension order is in effect, the dispositional or extension order
remains in effect until all proceedings relating to the petition or appeal are concluded.
This Section provides that a voluntary agreement for the placement of the child, or a
guardianship order for the child, shall also remain in effect until all proceedings relating
to a TPR petition or appeal are concluded.
AB521, s. 20
1Section
20. 48.40 (1r) of the statutes is created to read:
AB521,21,92
48.40
(1r) "Parent" has the meaning given in s. 48.02 (13), except that for
3purposes of filing a petition seeking the involuntary termination of parental rights
4under s. 48.415 to a nonmarital child who is not adopted or whose parents do not
5subsequently intermarry under s. 767.60 and whose paternity has not been
6established, of finding grounds under s. 48.415 for the involuntary termination of
7parental rights to such a child, and of terminating the parental rights to such a child
8on a ground specified in s. 48.415, "parent" includes a person who may be the parent
9of such a child.
AB521, s. 21
10Section
21. 48.41 (2) (b) of the statutes is renumbered 48.41 (2) (b) (intro.) and
11amended to read:
AB521,21,1312
48.41
(2) (b) (intro.) If the court finds that it would be difficult or impossible for
13the parent to appear in person at the hearing, the court may
do any of the following:
AB521,21,21
141. Accept accept the written consent of the parent given before an embassy or
15consul official, a military judge
, or a judge of any court of record in another county
16or state or a foreign jurisdiction. This written consent shall be accompanied by the
17signed findings of the embassy or consul official or judge who accepted the parent's
18consent. These findings shall recite that the embassy or consul official or judge or
19an attorney who represents any of the parties questioned the parent and found that
20the consent was informed and voluntary before the embassy or consul official or
21judge accepted the consent of the parent.
AB521, s. 22
1Section
22. 48.41 (2) (b) 2. of the statutes is created to read:
AB521,22,42
48.41
(2) (b) 2. On request of the parent, unless good cause to the contrary is
3shown, admit testimony on the record by telephone or live audiovisual means as
4prescribed in s. 807.13 (2).
Note: Permits a juvenile court to admit testimony on the record in a voluntary TPR
proceeding via telephone or live audiovisual means, in addition to the methods provided
for under current law.
AB521, s. 23
5Section
23. 48.415 (2) (a) 3. of the statutes is amended to read:
AB521,22,116
48.415
(2) (a) 3. That the child has been outside the home for a cumulative total
7period of 6 months or longer pursuant to such orders not including time spent outside
8the home as an unborn child; and that the parent has failed to meet the conditions
9established for the safe return of the child to the home and there is a substantial
10likelihood that the parent will not meet these conditions within the
12-month 119-month period following the fact-finding hearing under s. 48.424.
Note: Requires proof that there is a substantial likelihood that the parent will not
meet the conditions for the child's safe return to the home in the 9-month, instead of
12-month, period following the TPR fact-finding hearing in order to terminate parental
rights on the ground that the child is in continuing need of protection and services.
AB521, s. 24
12Section
24. 48.415 (6) (a) and (b) of the statutes are amended to read:
AB521,22,1613
48.415
(6) (a) Failure to assume parental responsibility, which shall be
14established by proving that the parent or the person or persons who may be the
15parent of the child have
never not had a substantial parental relationship with the
16child.
AB521,23,517
(b) In this subsection, "substantial parental relationship" means the
18acceptance and exercise of significant responsibility for the daily supervision,
19education, protection and care of the child. In evaluating whether the person has had
20a substantial parental relationship with the child, the court may consider such
21factors, including, but not limited to, whether the person has
ever expressed concern
1for or interest in the support, care or well-being of the child, whether the person has
2neglected or refused to provide care or support for the child and whether, with respect
3to a person who is or may be the father of the child, the person has
ever expressed
4concern for or interest in the support, care or well-being of the mother during her
5pregnancy.
Note: Modifies the involuntary TPR ground of failure to assume parental
responsibility to provide that the state must show that the person has not had a
substantial parental relationship with the child instead of requiring a showing that the
person has never had a substantial parental relationship with the child.
AB521, s. 25
6Section
25. 48.415 (10) (a) of the statutes is amended to read:
AB521,23,97
48.415
(10) (a) That the child who is the subject of the petition has been
8adjudged to be in need of protection or services under s. 48.13 (2), (3)
or, (3m), (10)
,
9or (10m).
Note: Under current law, parental rights may be involuntarily terminated on the
grounds of prior involuntary TPR to another child by proving both of the following:
1. That the child who is the subject of the petition has been adjudged to be CHIPS
because he or she has been abandoned or has been the victim of abuse or because his or
her parent has neglected, refused, or been unable for reasons other than poverty to
provide necessary care, clothing, medical or dental care, or shelter so as to seriously
endanger the physical health of the child.
2. Within 3 years of the CHIPS adjudication, a juvenile court has ordered an
involuntary TPR with respect to another child of the person.
This Section modifies the first criterion so that the ground also applies to a child
who has been adjudged to be CHIPS because he or she is at substantial risk of becoming
the victim of abuse or because his or her parent is at substantial risk of neglecting,
refusing, or being 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, based on reliable and credible information that the child's parent has
neglected, refused, or been unable for reasons other than poverty to provide necessary
care, food, clothing medical or dental care, or shelter so as to endanger seriously the
physical health of another child in the home.
AB521, s. 26
10Section
26. 48.42 (1) (a) of the statutes is amended to read:
AB521,23,1211
48.42
(1) (a) The name, birth date
or anticipated birth date, and address of the
12child.
AB521, s. 27
13Section
27
. 48.42 (1g) of the statutes is created to read:
AB521,24,10
148.42
(1g) Affidavit. (a) Except as provided in par. (c), if the petition is filed
2by a person or agency other than the district attorney, corporation counsel, or other
3appropriate official under s. 48.09; if the petition seeks to terminate the parental
4rights of a person who may be the father of a nonmarital child who is under one year
5of age at the time the petition is filed, who is not adopted or whose parents do not
6subsequently intermarry under s. 767.60, and whose paternity has not been
7established; and if the mother of the child has voluntarily consented to or seeks to
8voluntarily consent to the termination of her parental rights to the child, the
9petitioner shall file with the petition an affidavit signed by the mother that includes
10all of the following:
AB521,24,1211
1. A statement that the mother has voluntarily consented to or seeks to
12voluntarily consent to the termination of her parental rights to the child.