• Advise the parent of services that may be available within the correctional
institution.
• Advise the correctional institution of the mandated 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 court finds that
visitation is in the best interests of the child.
Appeals in TPR Proceedings
This bill makes several changes relating to appeals in TPR proceedings:
• Time for Filing of Notice of Appeal
Current law provides that if the judgment or order that is being appealed was
entered after the notice of appeal was filed, the notice of appeal is treated as if it were filed
after the judgment or order was entered. An appeal of a TPR judgment, however, is
initiated not by the filing of a notice of appeal but rather by the filing of a notice of intent
to appeal. Currently, in a few cases each year, the notice of intent to appeal is filed before
the TPR judgment is entered and is found to be filed too early in violation of current law.
This bill amends s. 808.04 (8), stats., to provide that if the record discloses that the
judgment or order appealed from was entered after the notice of appeal
or the notice of
intent to appeal was filed, the notice shall be treated as filed after the entry and on the
day of the entry.
• Notification That Appeal Will Not Be Filed
Under current law, in a TPR case, a person has 30 days from the date of the entry
of judgment to file a notice of intent to appeal. Within 15 days after filing this notice, the
person must request the transcript and juvenile court record. The clerk of circuit court
must serve a copy of the case record on the person filing the notice of intent to appeal
within 30 days after the juvenile court record is requested. Within 30 days after service
of the transcript, the person filing a notice of intent to appeal must file a notice of appeal,
and serve a copy of the notice on the required persons. Current law places no obligation
on that appellate counsel to notify the parties that a notice of appeal will not be filed.
This bill requires a person who decides not to file a notice of appeal to notify the
persons who would have been required to be served with the notice of appeal that the
appeal will not be pursued.
• State Public Defender Indigency Determinations in TPR appeals
Under current law, a representative of the State Public Defender must determine
indigency for all referrals made under ss. 809.30 [appeals in criminal cases and cases
under chs. 48, 51, 55, and 938, stats.], 974.06 (3) (b) [postconviction proceedings], and
974.07 (11) [motions for deoxyribonucleic acid (DNA) testing of certain evidence], except
for a referral of a child who is entitled to be represented by counsel under the Children's
Code, ch. 48, stats., or Juvenile Justice Code, ch. 938, stats., without a determination of
indigency. For these referrals, the representative of the State Public Defender may,
unless a request for redetermination of indigency has been filed, or the defendant's
request for representation states that his or her financial circumstances have materially
improved, rely upon a determination of indigency made for purposes of trial
representation.
This bill permits the State Public Defender representative to rely upon a
determination of indigency made for purposes of trial representation for referrals made
under s. 809.107, stats., relating to appeals in TPR proceedings, unless a request for a
redetermination is filed or the person's request for representation states that his or her
financial circumstances have materially improved.
• Continuing Representation in TPR Appeals
Currently, an attorney who represents a person in a TPR proceeding does not
automatically continue to represent the person during the appeal process.
Under this bill, an attorney who represents a person in a TPR proceeding continues
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.
• Written Notification of Time Limits for TPR Appeals
Current law provides that TPR judgments are final and appealable. However,
current law does not require notice of the applicable appeal time limits be given to a
person whose parental rights were terminated.
This bill 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 must file a copy of the signed, written notification with the court on the date on
which the judgment is granted.
• Enlargement of Time for Filing Notice of Appeal
Under current law relating to appellate procedure, the time for filing a notice of
appeal or cross-appeal of a final judgment or order in a TPR proceeding may not be
enlarged. In Gloria A. v. State, 195 Wis. 2d 268, 536 N.W.2d 396 (Ct. App. 1995), the court
of appeals held that the certain rules of appellate procedure that permit an enlargement
of time in which to file notice of appeal do not apply to TPR cases.
This bill provides that the time in which to file notice of appeal in a TPR case may
be enlarged if the judgment or order was entered as a result of a petition for an
involuntary TPR that was filed by a district attorney, corporation counsel, or other
representative of the public.
• Time Limit for Collateral Attack of TPR Judgment
Under current law, a person whose parental rights have been terminated may
petition for a rehearing on the grounds that new evidence has been discovered affecting
the advisability of the juvenile court's adjudication no later than one year after the date
on which the TPR judgment was entered. However, a parent who has consented to the
TPR or who did not contest the TPR petition may move for relief from the judgment no
later than 30 days after entry of the TPR judgment.
This bill 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, whichever is later.
Adoption Provisions
• Adoption Expenses
Under current law, the proposed adoptive parents of a child, or a person acting on
behalf of the proposed adoptive parents, may pay the actual cost of any of the following:
• Preadoptive counseling for a birth parent of the child or an alleged or presumed
father of the child.
• Post-adoptive counseling for a birth parent of the child or an alleged or presumed
father of the child.
• Maternity clothes for the child's birth mother, not to exceed a reasonable amount.
• Local transportation expenses of a birth parent of the child that are related to
the pregnancy or adoption.
• Services provided by a licensed child welfare agency in connection with the
adoption.
• Medical and hospital care received by the child's birth mother in connection with
the pregnancy or birth of the child, not including lost wages or living expenses.
• Medical and hospital care received by the child.
• Legal and other services received by a birth parent of the child, an alleged or
presumed father of the child, or the child in connection with the adoption.
• Living expenses of the child's birth mother, in an amount not to exceed $1,000,
if payment of the expenses by the proposed adoptive parents or a person acting on their
behalf is necessary to protect the health and welfare of the birth mother or fetus.
• Any investigation of the proposed adoptive placement, according to a fee schedule
established by DHFS based on ability to pay.
• If the adoption is completed, the cost of any care provided for the child in a
placement preceding placement with the adoptive parents.
• Birthing classes.
• A gift to the child's birth mother from the proposed adoptive parents, of no greater
than $50 in value.
This bill places a $300 cap on the amount that proposed adoptive parents may pay
for the cost of maternity clothes for the birth mother and increases the amount that
proposed adoptive parents may pay for living expenses for the birth mother from $1,000
to $5,000 and the amount they may pay for a gift to the birth mother from $50 to $100.
• Preadoptive Placement With Out-Of-State Petitioners
Current law provides that a parent having custody of a child and the proposed
adoptive parent or parents of the child may petition the juvenile court for placement of
the child for adoption in the home of a nonrelative of the child if the home is licensed as
a foster home or treatment foster home. This is sometimes referred to as a "legal risk"
placement, because at the point the child is placed in the preadoptive placement with the
proposed adoptive parent, the TPR has not been finalized.
This bill provides that, notwithstanding the provisions of the Interstate Compact
on the Placement of Children, when the proposed adoptive parent or parents of the child
reside out-of-state, they may petition the juvenile court for the preadoptive placement
of the child in their home, if their home meets the criteria established by the laws of their
state of residence for a preadoptive placement of a child in the home of a nonrelative.
• Adoption Advertising
Under current law, no person may advertise for the purpose of finding a child to
adopt or that the person will find an adoptive home for a child or arrange for or assist in
the adoption of a child or will place a child for adoption. This prohibition does not apply
to DHFS, a county department of human services or social services (county department),
or a child welfare agency licensed by DHFS to place children for adoption.
The bill prohibits publishing by a public medium of adoption advertisements that
violate current law relating to adoption advertising.
• Preadoption Preparation for First-Time Adoptive Parents
Under current law, preadoption preparation is not required.
This bill requires a juvenile court, in a proceeding for the adoption of a child by
nonrelatives, to order the person or persons who are petitioning to adopt the child, if they
have not adopted any prior children, to obtain preadoption preparation on issues that
may confront adoptive parents. The preparation may be provided by a licensed child
welfare agency, a licensed private adoption agency, or a state-funded post-adoption
resource center. DHFS is required to promulgate rules on the number of hours of
preadoption preparation that is required, as well as the topics to be covered in the
training. The proposed adoptive parents must pay for the training.
Under the bill, the same provisions apply to persons who are petitioning to adopt
a foreign child.
• Continuation of Dispositional Orders
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 an extension order is in effect, the dispositional or extension order
remains in effect until all proceedings relating to the petition or appeal are concluded.
However, in some TPR cases, especially with newborn infants, there may be an issue as
to whether a parent may contest for placement or visitation while a TPR case is pending.
In such cases, there may not be a CHIPS dispositional or extension order in effect, but
there may be in effect an existing voluntary placement agreement with an adoption
agency or a guardianship order with respect to the child.
This bill 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, as is allowed under current law with respect
to CHIPS dispositional or extension orders.
Foster Parent Provisions
• Fair Hearings for Head of Home
Under current law, any decision or order issued by DHFS, the Department of
Corrections, a county department, or a licensed child welfare agency authorized to place
children in foster homes, treatment foster homes, or group homes that affects the head
of a foster, treatment foster, or group home or the child involved may be appealed to DHFS
under fair hearing procedures. DHFS must, upon receipt of a request for an appeal, give
the head of home notice and the opportunity for a fair hearing. At all appeal hearings
under this provision, the head of home, or his or her representative, must have adequate
opportunity to examine all documents and records to be used at the hearing.
Also under current law, the circuit court for the county where the child is placed
has jurisdiction upon the petition of any interested party over a child who is placed in a
foster home, treatment foster home, or group home. The circuit court may call a hearing
for the purpose of reviewing any decision or order of the agency that placed the child that
involves the placement and care of the child. The court must determine the case so as to
promote the best interests of the child.
This bill provides that the head of a foster, treatment foster, or group home who
receives notice of intent to remove a child from the home and who appeals that
determination under the DHFS fair hearing procedures is a party to the fair hearing
proceeding and provides that the head of the home may examine documents and records
that are relevant to the issue of the child's removal for purposes of such a proceeding.
The bill also provides that the circuit court for the county where the 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 to review an agency
decision or order involving the placement of the child. Under the bill, the petitioner must
show by clear and convincing evidence that the agency's decision or order is not in the best
interests of the child.
• Appeals of Licensing Decisions
Under current law, s. 48.75, stats., governs the licensing of foster homes and
treatment foster homes by public licensing agencies and child welfare agencies. A "public
licensing agency" is defined as the county department or, in Milwaukee County, DHFS.
Under s. 48.75 (2), any foster home or treatment foster home applicant or licensee of a
public licensing agency or a child welfare agency may, if aggrieved by the failure to issue
or renew its license or by revocation of its license, appeal as provided in s. 48.72, stats.
The statute further provides that judicial review of the department's decision may be had
as provided in ch. 227, stats.
Section 48.72, stats., sets forth the appeal procedure of licensing decisions. Under
s. 48.72, stats., any person aggrieved by DHFS's refusal or failure to issue, renew, or
continue a license has the right to an administrative hearing provided for contested cases
in ch. 227, stats. Because this statute does not specify that the public licensing agency
or child welfare agency also has a right to subsequent judicial review of the
administrative law judge's decision on a licensing issue, the Bureau of Milwaukee Child
Welfare (BMCW), which is the subunit of DHFS responsible for providing child welfare
services in Milwaukee County, has taken the position that the BMCW does not have the
right to challenge decisions of administrative law judges in circuit court.
This bill specifically grants the BMCW the right to judicial review of the
administrative law judge's decision, in cases in which an administrative law judge has
made a licensing decision that the BMCW disagrees with and wishes to appeal.
CHIPS Provisions
• Change in County of Residence of Child Welfare Services Clients
Current law does not require notice to a new county of residence when a person who
is receiving child welfare services moves to another county.
This bill provides that as soon as practicable after learning that a person who is
receiving child welfare services has changed his or her county of residence, the county
department or, in Milwaukee County, DHFS must provide notice of that change to the
county department of the person's new county of residence. Notice must be provided to
DHFS if the person's new county of residence is Milwaukee County.
AB521, s. 1
1Section
1
. 46.03 (7) (bm) of the statutes is amended to read:
AB521,12,52
46.03
(7) (bm) Maintain a file containing records of artificial inseminations
3under s. 891.40
and records of, declarations of paternal interest under s. 48.025
, and
4of statements acknowledging paternity under s. 69.15 (3) (b). The department
shall 5may release
these those records
, declarations, and statements only upon an order of
6the court except that the department may use nonidentifying information
7concerning artificial inseminations for the purpose of compiling statistics
and except
8that records relating to, declarations of paternal interest
shall be released as
9provided in s. 48.025 (3) (b) and (c), and statements acknowledging paternity shall
1be released
without a court order to the department of workforce development or a
2county child support agency under s. 59.53 (5)
without a court order upon the request
3of
the that department
of workforce development or a or county child support agency
4under s. 59.53 (5) pursuant to the program responsibilities under s. 49.22 or
by to any
5other person with a direct and tangible interest in the
record statement.
Note: Permits DHFS to release declarations of paternal interest filed under s.
48.025, stats., upon court order and as provided in s. 48.025 (3) (b) and (c), stats., as
created by the bill. Current law requires DHFS to release a declaration of paternal
interest to DWD or a county child support agency upon request or to any other person
with a direct and tangible interest in the declaration and permits DHFS to release a
declaration to any other person only upon court order. The bill does not allow declarations
to be released to DWD or a county child support agency.
AB521, s. 2
6Section
2
. 48.025 (1) of the statutes is amended to read:
AB521,12,127
48.025
(1) Any person claiming to be the father of a nonmarital child who is not
8adopted or whose parents do not subsequently intermarry under s. 767.60
and whose
9paternity has not been established may, in accordance with procedures under this
10section, file with the department a declaration of his interest in matters affecting
11such the child.
The department may not charge a fee for filing a declaration under
12this section.
Note: Provides that DHFS may not charge a fee for filing a declaration of paternal
interest.
AB521, s. 3
13Section
3
. 48.025 (2) of the statutes is renumbered 48.025 (2) (a) and amended
14to read:
AB521,12,1815
48.025
(2) (a)
The A declaration
provided in under sub. (1) may be filed at any
16time
except after before a termination of the father's
parental rights under subch.
17VIII.
This paragraph does not apply to a declaration that is filed on or after the
18effective date of this paragraph .... [revisor inserts date].
AB521,13,5
19(c) The declaration shall be in writing,
shall be signed
and verified upon oath
20or affirmation by the person filing the declaration
, and shall contain the person's
1name and address, the name and last-known address of the mother, the month and
2year of the birth or expected birth of the child
, and a statement that
he the person
3filing the declaration has reason to believe that he may be the father of the child.
If
4the person filing the declaration is under 18 years of age, the declaration shall also
5be signed by a parent or guardian of the person.
Note: Requires that a declaration of paternal interest be signed and verified upon
oath or affirmation. If the person filing the declaration is a minor, the declaration must
also be signed by the person's parent or guardian.
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: