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.
Also under current law, a parent of a child who is 72 hours old or younger may
relinquish custody of the child to a law enforcement officer, emergency medical
technician, or hospital staff person. A parent who relinquishes custody of a child and any
person who assists the parent have the right to remain anonymous.
This Section allows notice of a TPR proceeding to be given by publication in a
newspaper to the parents of a child whose custody was relinquished when the child was
less than 72 hours old.
AB521, s. 36
1Section
36. 48.42 (5) of the statutes is created to read:
AB521,30,72
48.42
(5) Penalty. Any person who knowingly and willfully makes or causes
3to be made any false statement or representation of a material fact in the course of
4a proceeding under this section with an intent to deceive or mislead the court for the
5purpose of preventing a person who is entitled to receive notice of a proceeding under
6this section from receiving notice may be fined not more than $10,000 or imprisoned
7for not more than 9 months, or both.
Note: Creates a penalty under which a person who knowingly and willfully makes
or causes to be made a false statement or representation of material fact in the course of
a TPR proceeding with an intent to deceive or mislead the juvenile court for the purpose
of preventing a person who is entitled to receive notice of a TPR proceeding from receiving
notice may be fined not more than $10,000 or imprisoned for not more than 9 months, or
both.
AB521, s. 37
8Section
37
. 48.422 (6) (a) of the statutes is amended to read:
AB521,30,179
48.422
(6) (a)
If the child is In the case of a nonmarital child who is not adopted
10or whose parents do not subsequently intermarry under s. 767.60 and
for whom 11paternity has not been established,
or for whom a declaration of paternal interest has
12not been filed under s. 48.025 within 14 days after the date of birth of the child or,
13if s. 48.42 (1g) (b) applies, within 21 days after the date on which the notice under
14s. 48.42 (1g) (b) is mailed, the court shall hear testimony concerning the paternity of
15the child. Based on the testimony, the court shall determine whether all interested
16parties who are known have been notified under s. 48.42 (2). If not, the court shall
17adjourn the hearing and order appropriate notice to be given.
Note: Under current law, if paternity has not been established at the time of a TPR
fact-finding hearing regarding a nonmarital child, the juvenile court must hear
testimony concerning the paternity of the child. Based on the testimony, the juvenile
court must determine whether all interested parties who are known have been notified
of the hearing. If not, the juvenile court must adjourn the hearing and order appropriate
notice to be given.
This Section requires the juvenile court to determine whether all interested
parties who are known have been notified of the hearing in cases in which a declaration
of paternal interest has not been timely filed.
AB521, s. 38
1Section
38
. 48.423 of the statutes is amended to read:
AB521,31,12
248.423 Rights of persons alleging paternity. If a
man who alleges that he
3is the father of the child person appears at the hearing and
wishes to contest the
4termination of his parental rights claims that he is the father of the child, the court
5shall set a date for a hearing on the issue of paternity or, if all parties agree, the court
6may immediately commence hearing testimony concerning the issue of paternity.
7The court shall inform the
man person claiming to be the father of the child of any
8right to counsel under s. 48.23. The
man person claiming to be the father of the child
9must prove paternity by clear and convincing evidence.
A person who establishes his
10paternity of the child under this section may further participate in the termination
11of parental rights proceeding only if the person meets a condition specified in s. 48.42
12(2) or (b) or (bm).
Note: Under current law, if a man who alleges that he is the father of the child
appears at the hearing and wishes to contest the termination of his parental rights, the
court must set a date for a hearing on the issue of paternity or, if the parties all agree, the
court may immediately commence hearing testimony concerning the issue of paternity.
The man must prove paternity by clear and convincing evidence.
Under this Section, the man may participate in the TPR proceeding only if he
would be entitled to notice under s. 48.42 (2) (b) or (bm).
AB521, s. 39
13Section
39. 48.43 (6) of the statutes is renumbered 48.43 (6) (a) and amended
14to read:
AB521,32,215
48.43
(6) (a) Judgments under this subchapter terminating parental rights are
16final and are appealable under s. 808.03 (1) according to the procedure specified in
17s. 809.107
and are subject to a petition for rehearing or a motion for relief only as
18provided in s. 48.46 (1m) and (2). The attorney representing a person during a
19proceeding under this subchapter shall continue representation of that person by
1filing a notice of intent to appeal under s. 809.107 (2), unless the attorney has been
2previously discharged during the proceeding by the person or by the trial court.
AB521, s. 40
3Section
40
. 48.43 (6) (b) and (c) of the statutes are created to read:
AB521,32,64
48.43
(6) (b) The mother of a child who completes an affidavit under s. 48.42
5(1g) may not collaterally attack a judgment terminating parental rights on the basis
6that the father of the child was not correctly identified.
AB521,32,117
(c) In no event may any person, for any reason, collaterally attack a judgment
8terminating parental rights more than one year after the date on which the time limit
9for filing an appeal from the judgment has expired, or more than one year after the
10date on which all appeals from the judgment, if any were filed, have been decided,
11whichever is later.
Note: Under current law, a parent who has consented to a TPR or a parent who
did not contest a petition for an involuntary TPR and whose rights were terminated may
file a motion with the juvenile court for relief from judgment. The motion must be based
on specified grounds such as mistake, newly discovered evidence, or fraud. Such a motion
must generally be filed within 30 days after the entry of the TPR judgment. A person may
also appeal to the court of appeals.
Current law does not address the appeal rights of a person who was not a party in
the TPR proceeding.
The bill modifies current law as follows:
• Requires an attorney who represents a person in a TPR proceeding to continue
representation of that person during the appeal process by filing a notice of intent to
appeal under s. 809.107 (2), unless the attorney has been previously discharged during
the proceeding by the person or by the trial court.
• Prohibits any person, for any reason, from collaterally attacking a TPR judgment
more than one year after the date on which the time limit for filing an appeal from the
judgment has expired, or more than one year after the date on which all appeals from the
judgment, if any were filed, have been decided.
• Prohibits a mother who has completed an affidavit under s. 48.42 (1g), stats., as
created by the bill, relating to the identity of the child's father from attacking a TPR
judgment on the basis that the father was not identified correctly.
AB521, s. 41
12Section
41. 48.43 (6m) of the statutes is created to read:
AB521,33,413
48.43
(6m) If a person whose parental rights are terminated is present in court
14when the court grants the order terminating those rights, the court shall provide
15written notification to the person of the time limits for appeal of the judgment. The
1person shall sign the written notification, indicating that he or she has been notified
2of the time limits for filing an appeal under ss. 808.04 (7m) and 809.107. The person's
3counsel shall file a copy of the signed, written notification with the court on the date
4on which the judgment is granted.
Note: Requires the juvenile court that orders the termination of a person's
parental rights to provide written notification to the person of the time limits for appeal
of the judgment if the person is present in juvenile court when the order is granted. The
person must sign the written notification, indicating that he or she has been notified of
the time limits for filing an appeal under ss. 808.04 (7m) and 809.107, stats. The person's
counsel shall file a copy of the signed, written notification with the juvenile court on the
date on which the judgment is granted.
AB521, s. 42
5Section
42
. 48.48 (17) (bm) of the statutes is created to read:
AB521,33,126
48.48
(17) (bm) As soon as practicable after learning that a person who is
7receiving child welfare services under par. (a) from the department has changed his
8or her county of residence, the department shall provide notice of that change to the
9county department of the person's new county of residence. The notice shall include
10a brief, written description of the services offered or provided to the person by the
11department and the name, telephone number, and address of a person to contact for
12more information.
Note: Provides that as soon as practicable after learning that a person who is
receiving child welfare services from DHFS has changed his or her county of residence
from Milwaukee County, DHFS must provide notice of that change to the county
department of that person's new county of residence.
The notice must include a brief, written description of the services offered or
provided to the person by DHFS and the name, telephone number, and address of a person
to contact for more information.
AB521, s. 43
13Section
43
. 48.57 (2m) of the statutes is created to read:
AB521,34,314
48.57
(2m) A county department, as soon as practicable after learning that a
15person who is receiving child welfare services under sub. (1) from the county
16department has changed his or her county of residence, shall provide notice of that
17change to the county department of the person's new county of residence or, if that
18new county of residence is a county having a population of 500,000 or more, the
1department. The notice shall include a brief, written description of the services
2offered or provided to the person by the county department and the name, telephone
3number, and address of a person to contact for more information.
Note: Requires notice when a person who is receiving child welfare services moves
from a county other than Milwaukee County, to another county. See the Note to s. 48.48
(17) (bm), as created by this bill.
AB521, s. 44
4Section
44. 48.64 (4) (a) of the statutes is renumbered 48.64 (4) (a) 1. and
5amended to read:
AB521,34,176
48.64
(4) (a) 1. Any decision or order issued by an agency that affects the head
7of a foster, treatment foster
, or group home or the children involved may be appealed
8to the department under fair hearing procedures established under department
9rules. The department shall, upon receipt of an appeal, give the head of the home
10reasonable notice and opportunity for a fair hearing. The department may make
11such additional investigation as the department considers necessary. The
12department shall give notice of the hearing to the head of the home and to the
13departmental subunit, county department
, or child welfare agency that issued the
14decision or order. Each person receiving notice
of the hearing is entitled to be
15represented at the hearing.
The head of a home who receives notice of intent to
16remove the child under sub. (1m) and who requests a hearing under this paragraph
17is a party to the proceeding under this paragraph.
AB521,35,7
182. At all hearings conducted under this
subsection paragraph, the head of the
19home, or a representative of the head of the home, shall have an adequate
20opportunity, notwithstanding s. 48.78 (2) (a), to examine all documents and records
21to be used at the hearing that are relevant to the issue of the child's removal at a
22reasonable time before the date of the hearing as well as during the hearing,
except
23that the agency may redact information from documents and records to protect the
1identity of an individual who provided information under s. 48.981 (2). The head of
2home, or a representative of the head of home, shall also have adequate opportunity 3to bring witnesses, to establish all pertinent facts and circumstances, and to question
4or refute any testimony or evidence, including opportunity to confront and
5cross-examine adverse witnesses. The department shall grant a continuance for a
6reasonable period of time when an issue is raised for the first time during a hearing.
7This requirement may be waived with the consent of the parties.
AB521,35,21
83. The decision of the department shall be based exclusively on evidence
9introduced at the hearing. A transcript of testimony and exhibits, or an official report
10containing the substance of what transpired at the hearing, together with all papers
11and requests filed in the proceeding, and the findings of the hearing examiner shall
12constitute the exclusive record for decision by the department. The department shall
13make the record available at any reasonable time and at an accessible place to the
14head of the home or his or her representative. Decisions by the department shall
15specify the reasons for the decision and identify the supporting evidence. No person
16participating in an agency action being appealed may participate in the final
17administrative decision on that action. The department shall render its decision as
18soon as possible after the hearing and shall send a certified copy of its decision to the
19head of the home and to the departmental subunit, county department
, or child
20welfare agency that issued the decision or order. The decision shall be binding on all
21parties concerned.
Note: Provides that a head of a foster, treatment foster, or group home who receives
notice of intent to remove the child from the home and who appeals that determination
under fair hearing procedures established by DHFS by rule is a party to the fair hearing
proceeding. In addition, allows the head of the home, or his or her representative, to
examine all documents and records, except that an agency may redact information from
documents and records that are relevant to the child's removal in order to protect the
identity of an individual who provided information in reporting suspected child abuse or
neglect.
AB521, s. 45
1Section
45. 48.64 (4) (c) of the statutes is amended to read:
AB521,36,132
48.64
(4) (c) The circuit court for the county where the
child is placed 3dispositional order placing a child in a foster home, treatment foster home, or group
4home was entered or the voluntary agreement under s. 48.63 so placing a child was
5made has jurisdiction upon petition of any interested party over a child who is placed
6in a foster home, treatment foster home
, or group home. The circuit court may call
7a hearing, at which the head of the home and the supervising agency under sub. (2)
8shall be present, for the purpose of reviewing any decision or order of that agency
9involving the placement and care of the child. If the child has been placed in a foster
10home, the foster parent may present relevant evidence at the hearing.
The court
11shall determine the case so as to promote The petitioner has the burden of proving
12by clear and convincing evidence that the decision or order issued by the agency is
13not in the best interests of the child.
Note: Provides that the circuit court for the county in which a CHIPS dispositional
order placing a child in a foster, treatment foster, or group home was entered or a
voluntary agreement so placing a child was made has jurisdiction upon petition of any
interested party over a child who is placed in a foster, treatment foster, or group home.
This Section also provides that if the circuit court holds a hearing to review an agency
decision or order involving the care of the child, the petitioner has the burden of proving
by clear and convincing evidence that the decision or order is not in the best interests of
the child.
AB521, s. 46
14Section
46. 48.72 of the statutes is amended to read: