AB152: Bill Text

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)