AB152: Bill Text

AB152,22 Section 22. 48.415 (10) (a) of the statutes is amended to read:

AB152,16,18 48.415 (10) (a) That the child who is the subject of the petition has been adjudged to be in need of protection or services under s. 48.13 (2), (3) or, (10), or (14); or that the child who is the subject of the petition was born after the filing of a petition under this subsection whose subject is a sibling of the child.

Note: This Section allows a TPR petition to be filed if the parent's child was found to be in need of protection or services based on the new CHIPS ground created under Section 1.

AB152,23 Section 23. 48.42 (2) (b) 3. of the statutes is amended to read:

AB152,17,2 48.42 (2) (b) 3. A person who has lived in established and maintained a familial relationship with the child and who may be the father of the child.

Note: This Section specifies that in order for an alleged father to be summoned for a TPR proceeding, one method of protecting that right is by having established and maintained a familial relationship with the child, even if the alleged father has not lived with the child.

AB152,24 Section 24. 48.42 (2m) (a) of the statutes is amended to read:

AB152,17,20 48.42 (2m) (a) Parent as a result of sexual assault. Except as provided in this paragraph, notice is not required to be given to a person who may be the father of a child conceived as a result of if a sexual assault of the child's mother in violation of s. 940.225 (1), (2), or (3), 948.02 (1) or (2), 948.025, or 948.085 if a physician attests to his or her belief that a sexual assault as specified in this paragraph has occurred or if the person who may be the father of the child has been convicted of sexual assault as specified in this paragraph for conduct which may have led to the child's conception that may have resulted in the child's conception is proved by a final judgment of conviction or other evidence. A person who under this paragraph is not given notice does not have standing to appear and contest a petition for the termination of his parental rights, present evidence relevant to the issue of disposition, or make alternative dispositional recommendations. This paragraph does not apply to a person who may be the father of a child conceived as a result of a sexual assault in violation of under s. 948.02 (1) (b) or (e) or (2) or 948.09, if that person was under 18 years of age at the time of the sexual assault and was not more than 4 years older or not more than 4 years younger than the victim and if the assault did not involve the use or threat of force or violence.

Note: This Section removes the requirement that a physician attest to a belief that there was a sexual assault from the exception from providing notice of a TPR proceeding to a person who may be the father of the child, and instead requires proof by a final judgment of conviction or other evidence. This Section, however, requires notice of a TPR proceeding to be given to a father who was under 18 years of age at the time of a nonviolent sexual assault of a minor, if the age difference between the father and the victim is four years or less.

AB152,25 Section 25. 48.423 (1) of the statutes is amended to read:

AB152,18,12 48.423 (1) Rights to paternity determination. If a person appears at the hearing and claims that he is the father of the child, the court shall set a date for a hearing on the issue of paternity or, if all parties agree, the court may immediately commence hearing testimony concerning the issue of paternity. The court shall inform the person claiming to be the father of the child of any right to counsel under s. 48.23. The person claiming to be the father of the child must prove paternity by clear and convincing evidence. A person who establishes his paternity of the child under this section may further participate in the termination of parental rights proceeding only if the person meets the conditions specified in sub. (2) or, meets a condition specified in s. 48.42 (2) (b) 1. or 3. or (bm), or establishes that he has been deprived of the opportunity to assume parental responsibility for the child.

Note: This Section removes the right of a man alleged to be the father of a child, who has not filed a declaration of parental interest or established and maintained a familial relationship with the child, to further participate in a TPR proceeding after his paternity has been determined, unless he establishes that he has been deprived of the opportunity to assume parental responsibility for the child.

AB152,26 Section 26. 48.427 (7) of the statutes is amended to read:

AB152,18,19 48.427 (7) (a) If an order is entered under sub. (3), the court may orally inform the parent or parents who appear in court of the ground for termination of parental rights specified in s. 48.415 (10), except that the court shall orally inform the parent or parents of the ground for termination of parental rights specified in s. 48.415 (10) (a) to a child who has been adjudged to be in need of protection or services under s. 48.13 (14).

AB152,19,3 (b) In addition to the notice permitted under par. (a), any written order under sub. (3) may notify the parent or parents of the information specified in par. (a), except that the court shall provide written notification to the parent or parents of the ground for termination of parental rights specified in s. 48.415 (10) (a) to a child who has been adjudged to be in need of protection or services under s. 48.13 (14).

Note: This Section requires the juvenile court, when entering a TPR order, to provide oral and written notification to the parent or parents of the fact that this TPR order may be used to terminate their parental rights to another child, if the child is born within three years after the date of the TPR and the child is found to be in need of protection or services under the new CHIPS ground created under Section 1 of the bill.

AB152,27 Section 27. 48.46 (1), (1m) and (2) of the statutes are amended to read:

AB152,19,13 48.46 (1) Except as provided in subs. (1m), (2), and (3), the child whose status is adjudicated by the court, the parent, guardian, or legal custodian of that child, the unborn child whose status is adjudicated by the court, or the expectant mother of that unborn child may, at any time within one year after the entering entry of the court's order, petition the court for a rehearing on the ground that new evidence has been discovered affecting the advisability of the court's original adjudication. Upon a showing that such evidence does exist, the court shall order a new hearing. Notwithstanding s. 802.05 (1), a petition by a parent under this subsection shall be signed by the parent and by the parent's attorney of record, if any.

AB152,20,6 (1m) Except as provided in sub. (2), the parent, guardian, or legal custodian of the child or the child whose status is adjudicated by the court in an order entered under s. 48.43 or an order adjudicating paternity under subch. VIII may, within the time permitted under this subsection, petition the court for a rehearing on the ground that new evidence has been discovered affecting the advisability of the court's adjudication. Upon a showing that such evidence does exist, the court shall order a new hearing. A petition under this subsection shall be filed within one year after the date on which the order under s. 48.43 or order adjudicating paternity under subch. VIII is entered, unless within that one-year period a court in this state or in another jurisdiction enters an order granting adoption of the child, in which case a petition under this subsection shall be filed before the date on which the order granting adoption is entered or within 30 days after the date on which the order under s. 48.43 or order adjudicating paternity under subch. VIII is entered, whichever is later. Notwithstanding s. 802.05 (1), a petition by a parent under this subsection shall be signed by the parent and by the parent's attorney of record, if any.

AB152,20,22 (2) A parent who has consented to the termination of his or her parental rights under s. 48.41 or who did not contest the petition initiating the proceeding in which his or her parental rights were terminated may move the court for relief from the judgment on any of the grounds specified in s. 806.07 (1) (a), (b), (c), (d), or (f). Notwithstanding s. 802.05 (1), a motion by a parent under this subsection shall be signed by the parent and by the parent's attorney of record, if any. Any such motion shall be filed within 30 days after the entry of the judgment or order terminating parental rights, unless the parent files a timely notice of intent to pursue relief from the judgment under s. 808.04 (7m), in which case the motion shall be filed within the time permitted by s. 809.107 (5). A motion under this subsection does not affect the finality or suspend the operation of the judgment or order terminating parental rights. A parent who has consented to the termination of his or her parental rights to an Indian child under s. 48.41 (2) (e) may also move for relief from the judgment under s. 48.028 (5) (c) or (6). Motions under this subsection or s. 48.028 (5) (c) or (6) and appeals to the court of appeals shall be the exclusive remedies for such a parent to obtain a new hearing in a termination of parental rights proceeding.

Note: This Section requires a parent to sign a petition for rehearing or motion for postdisposition relief from a CHIPS adjudication, paternity adjudication, or TPR order, whether or not the parent is represented, and retains the requirement under current law that the parent's attorney sign the petition or motion if the parent is represented.

AB152,28 Section 28 . 48.977 (2) (a) of the statutes is amended to read:

AB152,21,7 48.977 (2) (a) That the child has been adjudged to be in need of protection or services under s. 48.13 (1), (2), (3), (3m), (4), (4m), (5), (8), (9), (10), (10m), (11), or (11m), or (14) or 938.13 (4) and been placed, or continued in a placement, outside of his or her home pursuant to one or more court orders under s. 48.345, 48.357, 48.363, 48.365, 938.345, 938.357, 938.363, or 938.365 or that the child has been so adjudged and placement of the child in the home of a guardian under this section has been recommended under s. 48.33 (1) or 938.33 (1).

AB152,29 Section 29 . 48.977 (4) (b) 3. of the statutes is amended to read:

AB152,21,16 48.977 (4) (b) 3. The date on which the child was adjudged in need of protection or services under s. 48.13 (1), (2), (3), (3m), (4), (4m), (5), (8), (9), (10), (10m), (11), or (11m), or (14) or 938.13 (4) and the dates on which the child has been placed, or continued in a placement, outside of his or her home pursuant to one or more court orders under s. 48.345, 48.357, 48.363, 48.365, 938.345, 938.357, 938.363, or 938.365 or, if the child has been so adjudged, but not so placed, the date of the report under s. 48.33 (1) or 938.33 (1) in which placement of the child in the home of the person is recommended.

Note: Sections 28 and 29 allow the juvenile court to appoint a guardian for a child in need of protection or services based on the new ground created under Section 1 .

AB152,30 Section 30. 809.10 (1) (b) 7. of the statutes is created to read:

AB152,21,20 809.10 (1) (b) 7. Notwithstanding s. 802.05 (1), if the appellant is a parent appealing an order or judgment under s. 48.43, the parent's signature, and the parent's attorney of record's signature, if the parent is represented.

Note: This Section requires a parent to sign a notice of appeal from a TPR order, whether or not the parent is represented, and retains the requirement under current law that the parent's attorney sign the notice if the parent is represented.

AB152,31 Section 31. 809.107 (2) (bm) 6. of the statutes is created to read:

AB152,22,3 809.107 (2) (bm) 6. Notwithstanding s. 802.05 (1), if the appellant is the parent, the parent's signature, and the parent's attorney of record's signature, if the parent is represented.

Note: This Section requires a parent to sign a notice of intent to appeal a TPR order, whether or not the parent is represented, and retains the requirement under current law that the parent's attorney sign the notice if the parent is represented.

AB152,32 Section 32. 938.21 (5) (b) 3. of the statutes is amended to read:

AB152,22,11 938.21 (5) (b) 3. If the court finds that any of the circumstances specified in s. 938.355 (2d) (b) 1. to 4. applies with respect to a parent, a determination that the county department or agency primarily responsible for providing services under the custody order is not required to make reasonable efforts with respect to the parent to make it possible for the juvenile to return safely to his or her home, unless the court determines or has determined under a prior order that such efforts would be in the best interests of the juvenile.

Note: This Section specifies that at a TPC hearing for a juvenile alleged to be in need of protection or services, a court must determine that an agency is not required to make reasonable efforts to return a juvenile safely home when the statutorily defined egregious circumstances are found to exist, unless the court determines that such efforts would be in the best interests of the juvenile.

AB152,33 Section 33. 938.32 (1) (c) 2. of the statutes is amended to read:

AB152,22,19 938.32 (1) (c) 2. If the court finds that any of the circumstances specified in s. 938.355 (2d) (b) 1. to 4. applies with respect to a parent, the consent decree shall include a determination that the county department or agency primarily responsible for providing services under the consent decree is not required to make reasonable efforts with respect to the parent to make it possible for the juvenile to return safely to his or her home, unless the court determines or has determined under a prior order that such efforts would be in the best interests of the juvenile.

Note: This Section specifies that in a consent decree for a juvenile alleged to be in need of protection or services (JIPS) the juvenile court must determine that an agency is not required make reasonable efforts to return a juvenile safely home when the statutorily defined egregious circumstances are found to exist, unless the court determines that such efforts would be in the best interests of the juvenile.

AB152,34 Section 34. 938.355 (2) (b) 6r. of the statutes is amended to read:

AB152,23,8 938.355 (2) (b) 6r. If the court finds that any of the circumstances under sub. (2d) (b) 1. to 4. applies with respect to a parent, a determination that the county department or agency primarily responsible for providing services under the court order is not required to make reasonable efforts with respect to the parent to make it possible for the juvenile to return safely to his or her home, unless the court determines or has determined under a prior order that such efforts would be in the best interests of the juvenile.

Note: This Section requires the juvenile court to include in a JIPS dispositional order a determination that an agency is not required to make reasonable efforts to return a juvenile safely home when the statutorily defined egregious circumstances are found to exist, unless the court determines that such efforts would be in the best interests of the juvenile.

AB152,35 Section 35. 938.355 (2d) (b) (intro.) of the statutes is amended to read:

AB152,23,20 938.355 (2d) (b) (intro.) Notwithstanding sub. (2) (b) 6., the The court is not required to shall include in a dispositional order a finding as to whether determination that the county department or the agency primarily responsible for providing services under a court order has made is not required to make reasonable efforts with respect to a parent of a juvenile to prevent the removal of the juvenile from the home, while assuring that the juvenile's health and safety are the paramount concerns, or, if applicable, a finding as to whether the county department or agency has made reasonable efforts with respect to a parent of a juvenile or to achieve the permanency goal of returning the juvenile safely to his or her home, unless the court determines or has determined under a prior order that such efforts would be in the best interests of the juvenile, if the court finds any of the following:

Note: This Section requires the juvenile court to include in a JIPS dispositional order a determination that an agency is not required to make reasonable efforts to prevent a juvenile's removal or return a juvenile safely home when the statutorily defined egregious circumstances are found to exist, unless the court determines that such efforts would be in the best interests of the juvenile.

AB152,36 Section 36 . 938.355 (2d) (c) of the statutes is renumbered 938.355 (2d) (c) (intro.) and amended to read:

AB152,24,5 938.355 (2d) (c) (intro.) If the court finds that any of the circumstances under par. (b) 1. to 4. applies with respect to a parent, the court shall hold do all of the following:

AB152,24,8 2. Hold a hearing under s. 938.38 (4m) within 30 days after the date of that finding to determine the permanency goal and, if applicable, any concurrent permanency goals for the juvenile.

AB152,37 Section 37 . 938.355 (2d) (c) 1. of the statutes is created to read:

AB152,24,14 938.355 (2d) (c) 1. Include in the order a determination that the person or agency primarily responsible for providing services to the juvenile is not required to make reasonable efforts with respect to the parent to make it possible for the juvenile to return safely to his or her home, unless the court determines that such efforts would be in the best interests of the juvenile.

Note: Sections 36 and 37 require the juvenile court to include in a JIPS dispositional order a determination that an agency is not required to make reasonable efforts to return a juvenile safely home when the statutorily defined egregious circumstances are found to exist, unless the court determines that such efforts would be in the best interests of the juvenile.

AB152,38 Section 38 . 938.357 (2v) (a) 3. of the statutes is amended to read:

AB152,25,2 938.357 (2v) (a) 3. If the court finds that any of the circumstances under s. 938.355 (2d) (b) 1. to 4. applies with respect to a parent, a determination that the agency primarily responsible for providing services under the change in placement order is not required to make reasonable efforts with respect to the parent to make it possible for the juvenile to return safely to his or her home, unless the court determines or has determined under a prior order that such efforts would be in the best interests of the juvenile.

Note: This Section specifies that in a JIPS change-in-placement order the juvenile court must determine that an agency is not required to make reasonable efforts to return a juvenile safely home when the statutorily defined egregious circumstances are found to exist, unless the court determines that such efforts would be in the best interests of the juvenile.

AB152,39 Section 39. 938.365 (2m) (a) 2. of the statutes is amended to read:

AB152,25,10 938.365 (2m) (a) 2. If the court finds that any of the circumstances under s. 938.355 (2d) (b) 1. to 4. applies with respect to a parent, the order shall include a determination that the person or agency primarily responsible for providing services to the juvenile is not required to make reasonable efforts with respect to the parent to make it possible for the juvenile to return safely to his or her home, unless the court determines or has determined under a prior order that such efforts would be in the best interests of the juvenile.

Note: This Section specifies that in a JIPS extension order, the juvenile court must determine that an agency is not required to make reasonable efforts to return a juvenile safely home when the statutorily defined egregious circumstances are found to exist, unless the court determines that such efforts would be in the best interests of the juvenile.

AB152,40 Section 40. Initial applicability.

AB152,25,15 (1) Paternal participation in termination of parental rights proceedings. The treatment of section 48.423 (1) of the statutes first applies to a termination of parental rights proceeding for which the petition is filed on the effective date of this subsection.

Note: This subsection specifies that the provision of the bill providing that an alleged father who had not otherwise declared or established a relationship with the child may not further participate in a TPR proceeding first applies to a TPR proceeding for which the petition is filed on the effective date of the bill.

AB152,26,2 (2) Child in need of protection or services ground. The treatment of section 48.13 (14) of the statutes first applies to a petition filed under section 48.13 of the statutes on the effective date of this subsection after a parent has been given notice under section 48.427 (7) (a) and (b) of the statutes.

Note: This subsection specifies that the new CHIPS ground based on a parent's prior TPR within three years applies to a new CHIPS petition if the CHIPS petition is filed after the parent has been informed at a TPR proceeding that the TPR could be a CHIPS ground for a child born within the next three years.

AB152,26,7 (3) Warnings for grounds of an involuntary termination of parental rights. The treatment of section 48.415 (2) (a) 2. b. and 3., (3) (a), (5) (a), (8), (9) (a) to (c), and (9m) (a) of the statutes first applies to court orders required to contain the notice under section 48.356 (2) or 938.356 (2) of the statutes granted on the effective date of this subsection.

Note: This subsection specifies that each of the TPR grounds revised in the bill, except the ground of prior TPR to another child, whose initial applicability is covered in subsection (2), first apply after a parent has been informed of any grounds for TPR that may be applicable, in a written order placing the child outside the home.

AB152,26,11 (4) Waiver by parent of right to counsel by failure to appear. The treatment of section 48.23 (2) (c) 2. of the statutes first applies to a parent who is ordered on the effective date of this subsection to appear in person at a hearing in a contested adoption or an involuntary termination of parental rights proceeding.

Note: This subsection specifies that the provision of the bill providing for a waiver of counsel by a parent's failure to appear first applies to a parent who is ordered on the effective date of the bill to appear.

AB152,26,16 (5) Postdispositional relief petition or notice of appeal; parent's signature required. The treatment of sections 48.46 (1), (1m), and (2), 809.10 (1) (b) 7., and 809.107 (2) (bm) 6. of the statutes first apply to a parent who files a petition for rehearing, motion for postdisposition relief, notice of intent to appeal, or notice of appeal on the effective date of this subsection.

Note: This subsection specifies that the provisions of the bill requiring a parent's signature on a postdisposition motion, petition, notice of intent to appeal, or notice of appeal first apply to such document filed on the effective date of the bill.

AB152,41 Section 41. Effective date.

AB152,27,2 (1) This act takes effect on the first day of the 6th month beginning after publication.

Note: This Section delays the effective date of the bill until the first day of the 6th month following publication.

AB152,27,3 (End)