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.
AB521,24,1413
2. A statement acknowledging that the mother has been asked to identify the
14father of the child.
AB521,24,1615
3. A statement that the mother knows and is identifying the father or that she
16does not know the identity of the father.
AB521,24,1817
4. A statement identifying any man who has lived in a familial relationship
18with the child and who may be the father of the child.
AB521,24,2119
5. If the mother states that she knows and is identifying the father under subd.
203. or 4., the father's name, age, and last-known mailing address, and the last-known
21mailing address of the father's employer.
AB521,24,2422
6. If the mother states that she does not know the identity of the father, an
23explanation of why she is unable to identify him and a physical description of the
24father.
AB521,25,4
17. A statement that the mother has been informed and understands that if she
2misidentifies the father, she is permanently barred from attacking the termination
3of the father's or her parental rights on the basis that the father was not correctly
4identified.
AB521,25,75
8. A statement that the mother understands that she may be prosecuted under
6s. 946.32 (2) for false swearing if she makes a false statement that she does not
7believe is true in the affidavit under this paragraph.
AB521,25,118
9. A statement that the mother has reviewed and understands the affidavit,
9the name of the person who explained the affidavit and the consequences of signing
10the affidavit to her, and a statement that the mother is signing the affidavit
11voluntarily.
AB521,25,2012
(b) The petitioner shall notify any man identified in the affidavit under par. (a)
13as an alleged father of his right to file a declaration of paternal interest under s.
1448.025 before the birth of the child, within 14 days after the birth of the child, or
15within 21 days after the date on which the notice is mailed, whichever is later; of the
16birth date or anticipated birth date of the child; and of the consequences of filing or
17not filing a declaration of paternal interest. The petitioner shall include with the
18notice a copy of the form required to file a declaration of paternal interest under s.
1948.025. The notice shall be sent by certified mail to the last-known address of the
20alleged father.
AB521,26,221
(c) If the mother relinquished custody of the child under s. 48.195 and has not
22subsequently identified herself as the child's mother or if the petitioner cannot locate
23the mother with reasonable diligence, the petitioner shall attach to the petition a
24statement that the mother relinquished custody of the child under s. 48.195 and has
1not subsequently identified herself as the child's mother or of the efforts the
2petitioner made to locate the mother instead of filing the affidavit under sub. (1).
Note: Requires a petitioner, other than a district attorney, corporation counsel, or
other appropriate official, for the involuntary TPR of an alleged father of a nonmarital
child who is under one year of age to file with the petition an affidavit signed by the birth
mother if the mother has voluntarily consented to or seeks to voluntarily consent to the
termination of her parental rights to the child. The affidavit must include all of the
following:
1. A statement that the mother has voluntarily consented to or seeks to voluntarily
consent to the termination of her parental rights to the child.
2. A statement acknowledging that the mother has been asked to identify the
father of the child.
3. A statement that the mother knows and is identifying the father or that she does
not know the identity of the father.
4. A statement identifying any man who has lived in a familial relationship with
the child and who may be the father of the child.
5. If the mother states that she knows the identity of the father and is identifying
the father, the father's name, age, and last-known mailing address and the last-known
mailing address of the father's employer.
6. If the mother states that she does not know the identity of the father, an
explanation of why she is unable to identify him and a physical description of the father.
7. A statement that the mother has been informed and understands that if she
misidentifies the father, she is permanently barred from attacking the TPR on the basis
that the father was not correctly identified.
8. A statement that the mother understands that she may be prosecuted for false
swearing if she makes a false statement that she does not believe is true.
9. A statement that the mother has reviewed and understands the affidavit, the
name of the person who explained the affidavit and the consequences of signing it, and
a statement that she is signing the affidavit voluntarily.
The petitioner must notify any man who is identified in the affidavit of his right
to file a declaration of paternal interest before the birth of the child, within 14 days after
the birth of the child, or within 21 days after the notice is mailed, whichever is later; of
the birth date or anticipated birth date of the child; and of the consequences of filing or
not filing a declaration. The mailing must include a form to file a declaration. The notice
must be sent by certified mail to the man's last-known address.
AB521, s. 28
3Section
28. 48.42 (2) (b) (intro.) of the statutes is amended to read:
AB521,26,64
48.42
(2) (b) (intro.)
If Except as provided in par. (bm), if the child is a
5nonmarital child who is not adopted or whose parents do not subsequently
6intermarry under s. 767.60 and
whose paternity has not been established:
AB521, s. 29
7Section
29. 48.42 (2) (b) 1. of the statutes is amended to read:
AB521,26,108
48.42
(2) (b) 1. A person who has filed
a an unrevoked declaration of
paternal 9interest under s. 48.025
before the birth of the child or within 14 days after the birth
10of the child.
Note: Amends the current notice requirements for alleged fathers to reflect the
creation of s. 48.42 (2) (bm) and the new time limit for filing a declaration of paternal
interest under s. 48.025 (2) (b) as created by the bill.
AB521, s. 30
1Section
30
. 48.42 (2) (bm) of the statutes is created to read:
AB521,27,62
48.42
(2) (bm) If the child is a nonmarital child who is under one year of age
3at the time the petition is filed and who is not adopted or whose parents do not
4subsequently intermarry under s. 767.60 and whose paternity has not been
5established and if an affidavit under sub. (1g) (a) or a statement under sub. (1g) (c)
6is filed with the petition:
AB521,27,97
1. A person who has filed an unrevoked declaration of paternal interest under
8s. 48.025 before the birth of the child, within 14 days after the birth of the child, or
9within 21 days after a notice under sub. (1g) (b) is mailed, whichever is later.
AB521,27,1110
2. A person who has lived in a familial relationship with the child and who may
11be the father of the child.
Note: Under current law, certain persons who may be the father of a nonmarital
child whose paternity has not been established must be served with a summons and
petition notifying the person of a TPR proceeding involving the child. Those persons
include, in addition to a person who files a declaration of paternal interest, a person who
is alleged to be the father of the child or who, based on statements made by the mother
or other information, may be the father of the child, and a person who has lived in a
familial relationship with the child and who may be the father of the child. A person who
receives a summons and petition in a TPR proceeding has standing to appear and contest
the TPR petition and, if grounds for TPR are found, may present evidence relevant to the
disposition of the case and make alternative dispositional recommendations.
This Section creates a separate notice requirement for an alleged father in a TPR
proceeding concerning a nonmarital child who is under one year of age at the time the
petition is filed if an affidavit or a statement that an affidavit cannot be filed, as provided
under s. 48.42 (1g), as created by the bill, is filed with the TPR petition. Under this
circumstance, an alleged father must receive notice if one of the following conditions is
met:
1. He has filed an unrevoked declaration of paternal interest before the birth of the
child, within 14 days after the birth of the child, or within 21 days after the date a notice
under s. 48.42 (1g) (c) was mailed, whichever is later.
2. He has lived in a familial relationship with the child and may be the father of
the child.
AB521, s. 31
12Section
31. 48.42 (2m) of the statutes is renumbered 48.42 (2m) (a) and
13amended to read:
AB521,28,14
148.42
(2m) (a)
Parent as a result of sexual assault. Except as provided in this
2subsection paragraph, notice is not required to be given to a person who may be the
3father of a child conceived as a result of a sexual assault in violation of s. 940.225 (1),
4(2) or (3), 948.02 (1) or (2)
, or 948.025 if a physician attests to his or her belief that
5a sexual assault as specified in this
subsection
paragraph has occurred or if the
6person who may be the father of the child has been convicted of sexual assault as
7specified in this
subsection paragraph for conduct which may have led to the child's
8conception. A person who under this
subsection paragraph is not given notice does
9not have standing to appear and contest a petition for the termination of his parental
10rights
, present evidence relevant to the issue of disposition, or make alternative
11dispositional recommendations. This
subsection
paragraph does not apply to a
12person who may be the father of a child conceived as a result of a sexual assault in
13violation of s. 948.02 (1) or (2) if that person was under 18 years of age at the time
14of the sexual assault.
AB521, s. 32
15Section
32
. 48.42 (2m) (b) of the statutes is created to read:
AB521,29,216
48.42
(2m) (b)
Parent of nonmarital child. A person who may be the father of
17a nonmarital child who is not adopted or whose parents do not subsequently
18intermarry under s. 767.60 and whose paternity has not been established, by virtue
19of the fact that he has engaged in sexual intercourse with the mother of the child, is
20considered to be on notice that a pregnancy and a termination of parental rights
21proceeding concerning the child may occur, and has the duty to protect his own rights
22and interests. He is therefore entitled to actual notice of such a proceeding only as
23provided in sub. (2) (b) or (bm). A person who is not entitled to notice under sub. (2)
24(b) or (bm) does not have standing to appear and contest a petition for the termination
1of his parental rights, present evidence relevant to the issue of disposition, or make
2alternative dispositional recommendations.
Note: Provides that a person who may be the father of a nonmarital child who is
under one year of age at the time the TPR petition was filed and whose paternity has not
been established, by virtue of the fact that the person had sexual intercourse with the
mother of the child, is considered to be on notice that a pregnancy and a TPR proceeding
might result, has the duty to protect his own rights and interests, and, therefore, is
entitled to actual notice of the TPR proceeding only as provided in the bill. In addition,
specifies that a person who is not entitled to actual notice of a TPR proceeding does not
have standing to appear and contest the petition, present evidence relevant to the issue
of disposition, or make alternative dispositional recommendations.
AB521, s. 33
3Section
33. 48.42 (3) (a) of the statutes is amended to read:
AB521,29,54
48.42
(3) (a) Contain the name and birth date
or anticipated birth date of the
5child, and the nature, location, date and time of the initial hearing.
AB521, s. 34
6Section
34. 48.42 (4) (a) of the statutes is amended to read:
AB521,29,127
48.42
(4) (a)
Personal service. A Except as provided in this paragraph and par.
8(b), a copy of the summons and petition shall be served personally upon the parties
9specified in sub. (2), if known, at least 7 days before the date of the hearing
, except
10that service. Service of summons is not required if the party submits to the
11jurisdiction of the court. Service upon parties who are not natural persons and upon
12persons under a disability shall be as prescribed in s. 801.11.
AB521, s. 35
13Section
35. 48.42 (4) (b) 1m. of the statutes is created to read:
AB521,29,1514
48.42
(4) (b) 1m. If the child's custody was relinquished under s. 48.195, service
15to the parents of the child may be made by publication of the notice under subd. 4.
Note: Under current law, a copy of a TPR summons and petition must be served
personally upon the parties to the proceeding, if known, at least 7 days before the date
of the TPR hearing. If with reasonable diligence a party cannot be personally served,
service must be made by publication in a newspaper that is likely to give notice to the
person affected. The juvenile court may also order that notice be given in a newspaper
to an unknown father.