(c) That the parent is likely to continue to be incarcerated for a substantial 18
period of the child's minority. In determining whether the parent is likely to continue 19
to be incarcerated for a substantial period of the child's minority, the court may 20
consider whether the parent has a history of repeated incarceration.
48.415 (4) (a) of the statutes is amended to read:
(a) That the parent has been denied periods of physical placement 23
by court order in an action affecting the family or has been denied visitation under 24
an order under s. 48.21 (4), 48.32,
48.363, 48.365, 48.38, 938.21
938.345, 938.355 (3),
938.365, or 938.38
containing the notice 2
required by s. 48.356 (2) or 938.356 (2).
48.415 (11) of the statutes is created to read:
48.415 (11) Drug-affected child.
The child is a drug-affected child, which 5
shall be established by proving all of the following:
(a) That the child has been adjudged to be a child in need of protection or 7
services under s. 48.13 (15) (b) and placed outside the home pursuant to one or more 8
court orders under s. 48.345, 48.347, 48.357, 48.363, or 48.365.
(b) That one of the following applies:
1. The parent has not made reasonable efforts to enroll in a substance use 11
disorder treatment or recovery program within 90 days of the placement of the child 12
outside the home pursuant to one or more court orders under s. 48.345, 48.347, 13
48.357, 48.363, or 48.365.
2. The parent enrolled in a substance use disorder treatment or recovery 15
program after placement of the child outside the home pursuant to one or more court 16
orders under s. 48.345, 48.347, 48.357, 48.363, or 48.365 but has not maintained 17
substantial compliance with the program.
(c) That the parent is not participating in a drug court program as described 19
in s. 165.955 (1).
(d) That there is a substantial likelihood that the parent will not meet the 21
conditions for the safe return of the child to the home by the anticipated date that 22
the child's permanency goal will be achieved, as specified in the child's permanency 23
plan under s. 48.38.
48.422 (1) of the statutes is amended to read:
Except as provided in s. 48.42 (2g) (ag), the hearing on the petition 2
to terminate parental rights shall be held within 30 days after the petition is filed. 3
At the hearing on the petition to terminate parental rights the court shall determine 4
whether any party wishes to contest the petition and inform the parties of their 5
rights under sub. (4) and
48.422 (4) of the statutes is repealed.
48.422 (5) of the statutes is amended to read:
Any nonpetitioning party, including the child, shall be granted a 9
continuance of the hearing for the purpose of consulting with an attorney on the
10request for a jury trial or
concerning a request for the substitution of a judge.
48.424 (3) of the statutes is amended to read:
48.424 (3) If the facts are determined by a jury, the jury may only The court
decide whether any grounds for the termination of parental rights have been 14
whether the allegations specified in s. 48.42 (1) (e) have been proved in 15
cases involving the involuntary termination of parental rights to an Indian child.
16The court shall decide, and
what disposition is in the best interest of the child.
48.424 (4) (intro.) of the statutes is amended to read:
(intro.) If the court finds
grounds for the termination of parental 19
rights are found by the court or jury
, the court shall find the parent unfit. A finding 20
of unfitness shall not preclude a dismissal of a petition under s. 48.427 (2). Except 21
as provided in s. 48.23 (2) (b) 3., the court shall then proceed immediately to hear 22
evidence and motions related to the dispositions enumerated in s. 48.427. Except as 23
provided in s. 48.42 (2g) (ag), the court may delay making the disposition and set a 24
date for a dispositional hearing no later than 45 days after the fact-finding hearing 25
if any of the following apply:
938.356 (1m) of the statutes is created to read:
Whenever the court orders a juvenile to be placed outside his or 3
her home or denies a parent visitation in an order under s. 938.21 (4) or 938.32, the 4
court shall orally inform the parent or parents who appear in court of any grounds 5
for termination of parental rights under s. 48.415 that may be applicable.
938.356 (2) of the statutes is amended to read:
938.356 (2) Written warning.
In addition to the notice required under sub. (1) 8or (1m)
, any written order which places a juvenile outside the home or denies 9
visitation under sub. (1) or (1m)
shall notify the parent or parents of the information 10
specified under sub. (1) or (1m)
938.38 (5) (a) of the statutes is amended to read:
(a) Except as provided in s. 48.63 (5) (d), the court or a panel 13
appointed under par. (ag) shall review the permanency plan for each juvenile for 14
whom a permanency plan is required under sub. (2) in the manner provided in this 15
subsection not later than 6 months after the date on which the juvenile was first
16removed from his or her home of a hearing held under sub. (5m)
and every 6 months 17
after a previous review under this subsection for as long as the juvenile is placed 18
outside the home, except that for the review that is required to be conducted not later
19than 12 months after the juvenile was first removed from his or her home and the 20
reviews that are required to be conducted every 12 months after
that review the
21initial hearing under sub. (5m)
, the court shall hold a hearing under sub. (5m) to 22
review the permanency plan. The hearing may be instead of or in addition to the 23
review under this subsection. The 6-month and 12-month periods referred to in this 24
paragraph include trial reunifications under s. 938.358.
938.38 (5m) (a) of the statutes is amended to read:
(a) The court shall hold a hearing to review the permanency plan 2
and to make the determinations specified in sub. (5) (c) for each juvenile for whom 3
a permanency plan is required under sub. (2) no later than 12 6
months after the date 4
on which the juvenile was first removed from the home and every 12 months after 5
a previous hearing under this subsection for as long as the juvenile is placed outside 6
the home. The 6-month and
12-month periods referred to in this paragraph include 7
trial reunifications under s. 938.358.
A court assigned to exercise jurisdiction under ch. 10
48 may terminate parental rights to a child who was ordered to be placed outside the 11
home before the effective date of this subsection on the grounds specified under s. 12
48.415 (3m) notwithstanding that the parent was not notified of those grounds under 13
s. 48.356 (2) or 938.356 (2) when that placement was ordered so long as the parent 14
is notified of those grounds under s. 48.356 (2) or 938.356 (2) before the filing of the 15
termination of parental rights petition.
(1) Right to a jury trial.
The treatment of ss. 48.31 (2) and (4), 48.415 (intro.), 18
48.422 (1), (4), and (5), and 48.424 (3) and (4) (intro.) first applies to a termination 19
of parental rights proceeding for which the petition is filed on the effective date of this 20
(2) Child in need of protection or services ground
. The treatment of s. 48.13 22
(15) first applies to a petition filed under s. 48.13 on the effective date of this 23
(3) Warnings for grounds of an involuntary termination of parental rights. 25
The treatment of s. 48.415 (11) first applies to a court order required to contain the
notice under s. 48.356 (2) or 938.356 (2) granted on the effective date of this 2
(4) Permanency plan reviews.
The treatment of ss. 48.38 (5) (a) and (5m) (a) 4
and 938.38 (5) (a) and (5m) (a) first applies to a permanency plan that is filed with 5
the court under s. 48.38 (3) or 938.38 (3) on the effective date of this subsection.
(5) Parental incarceration.
The treatment of s. 48.415 (3m) and Section
(1) of this act first apply to a petition for termination of parental rights filed on the 8
effective date of this subsection.