SB727,36 3Section 36. 48.42 (2) (intro.) of the statutes is amended to read:
SB727,15,64 48.42 (2) Who must be summoned. (intro.) Except as provided in sub. (2m), the
5petitioner or movant shall cause the summons and petition or motion to terminate
6parental rights
to be served upon the following persons:
SB727,37 7Section 37. 48.42 (2) (bm) (intro.) of the statutes is amended to read:
SB727,15,128 48.42 (2) (bm) (intro.) If the child is a nonmarital child who is under one year
9of age at the time the petition or motion to terminate parental rights is filed and who
10is not adopted or whose parents do not subsequently intermarry under s. 767.803 and
11whose paternity has not been established and if an affidavit under sub. (1g) (a) is filed
12with the petition or motion to terminate parental rights:
SB727,38 13Section 38. 48.42 (2g) (a) of the statutes is amended to read:
SB727,15,2514 48.42 (2g) (a) In addition to causing the summons and petition or motion to
15terminate parental rights
to be served as required under sub. (2), the petitioner or
16movant
shall also notify any foster parent or other physical custodian described in
17s. 48.62 (2) of the child of all hearings on the petition or motion. The first notice to
18any foster parent or other physical custodian described in s. 48.62 (2) shall be
19written, shall have a copy of the petition or motion attached to it, shall state the
20nature, location, date, and time of the initial hearing and shall be mailed to the
21last-known address of the foster parent or other physical custodian described in s.
2248.62 (2). Thereafter, notice of hearings may be given by telephone at least 72 hours
23before the time of the hearing. The person giving telephone notice shall place in the
24case file a signed statement of the time notice was given and the person to whom he
25or she spoke.
SB727,39
1Section 39. 48.42 (2g) (ag) of the statutes is amended to read:
SB727,16,162 48.42 (2g) (ag) In the case of an involuntary termination of parental rights to
3a child whom the petitioner or movant knows or has reason to know is an Indian
4child, the petitioner or movant shall cause the summons and petition or motion to be
5served on the Indian child's parent and Indian custodian in the manner specified in
6s. 48.028 (4) (a). In like manner, the petitioner or movant shall also notify the Indian
7child's tribe of all hearings on the petition or motion. The first notice to an Indian
8child's tribe shall be written, shall have a copy of the petition or motion attached to
9it, and shall state the nature, location, date, and time of the initial hearing. No
10hearing may be held on the petition or motion until at least 10 days after receipt of
11notice of the hearing by the Indian child's parent, Indian custodian, and tribe or, if
12the identity or location of the Indian child's parent, Indian custodian, or tribe cannot
13be determined, until at least 15 days after receipt of the notice by the U.S. secretary
14of the interior. On request of the Indian child's parent, Indian custodian, or tribe, the
15court shall grant a continuance of up to 20 additional days to enable the requester
16to prepare for the hearing.
SB727,40 17Section 40. 48.42 (2m) of the statutes is amended to read:
SB727,17,618 48.42 (2m) Notice not required. (a) Parent as a result of sexual assault.
19Except as provided in this paragraph, notice is not required to be given to a person
20who may be the father of a child conceived as a result of a sexual assault in violation
21of s. 940.225 (1), (2) or (3), 948.02 (1) or (2), 948.025, or 948.085 if a physician attests
22to his or her belief that a sexual assault as specified in this paragraph has occurred
23or if the person who may be the father of the child has been convicted of sexual assault
24as specified in this paragraph for conduct which may have led to the child's
25conception. A person who under this paragraph is not given notice does not have

1standing to appear and contest a petition or motion for the termination of his
2parental rights, present evidence relevant to the issue of disposition, or make
3alternative dispositional recommendations. This paragraph does not apply to a
4person who may be the father of a child conceived as a result of a sexual assault in
5violation of s. 948.02 (1) or (2) if that person was under 18 years of age at the time
6of the sexual assault.
SB727,17,177 (b) Parent of nonmarital child. A person who may be the father of a nonmarital
8child who is not adopted or whose parents do not subsequently intermarry under s.
9767.803 and whose paternity has not been established, by virtue of the fact that he
10has engaged in sexual intercourse with the mother of the child, is considered to be
11on notice that a pregnancy and a termination of parental rights proceeding
12concerning the child may occur, and has the duty to protect his own rights and
13interests. He is therefore entitled to actual notice of such a proceeding only as
14provided in sub. (2) (b) or (bm). A person who is not entitled to notice under sub. (2)
15(b) or (bm) does not have standing to appear and contest a petition or motion for the
16termination of his parental rights, present evidence relevant to the issue of
17disposition, or make alternative dispositional recommendations.
SB727,41 18Section 41. 48.42 (4) (title) of the statutes is amended to read:
SB727,17,2019 48.42 (4) (title) Manner of serving summons and petition or motion to
20terminate parental rights
.
SB727,42 21Section 42. 48.42 (4) (a) of the statutes is amended to read:
SB727,18,322 48.42 (4) (a) Personal service. Except as provided in this paragraph, par. (b),
23and sub. (2g) (ag), a copy of the summons and petition or motion to terminate
24parental rights
shall be served personally upon the parties specified in sub. (2), if
25known, at least 7 days before the date of the hearing. Service of summons is not

1required if the party submits to the jurisdiction of the court. Service upon parties
2who are not natural persons and upon persons under a disability shall be as
3prescribed in s. 801.11.
SB727,43 4Section 43. 48.42 (4) (b) 3. of the statutes is amended to read:
SB727,18,85 48.42 (4) (b) 3. At the time the petition or motion to terminate parental rights
6is filed, the petitioner or movant may move the court for an order waiving the
7requirement of constructive notice to a person who, although his identity is
8unknown, may be the father of a nonmarital child.
SB727,44 9Section 44. 48.42 (4) (b) 4. (intro.) of the statutes is amended to read:
SB727,18,2310 48.42 (4) (b) 4. (intro.) A notice published under this subsection shall be
11published as a class 1 notice under ch. 985. In determining which newspaper is likely
12to give notice as required under s. 985.02 (1), the petitioner, movant, or court shall
13consider the residence of the party, if known, or the residence of the relatives of the
14party, if known, or the last-known location of the party. If the party's post-office
15address is known or can, with due diligence, be ascertained, a copy of the summons
16and petition or motion to terminate parental rights shall be mailed to the party upon
17or immediately prior to the first publication. The mailing may be omitted if the
18petitioner or movant shows that the post-office address cannot be obtained with due
19diligence. Except as provided in subd. 5., the notice shall include the date, place and
20circuit court branch for the hearing, the court file number, the name, address and
21telephone number of the petitioner's or movant's attorney and information the court
22determines to be necessary to give effective notice to the party or parties. Such
23information shall include the following, if known:
SB727,45 24Section 45. 48.422 (title) of the statutes is amended to read:
SB727,19,2
148.422 (title) Hearing on the petition or motion to terminate parental
2rights
.
SB727,46 3Section 46. 48.422 (1) of the statutes is amended to read:
SB727,19,84 48.422 (1) Except as provided in s. 48.42 (2g) (ag), the hearing on the petition
5or motion to terminate parental rights shall be held within 30 days after the petition
6or motion is filed. At the hearing on the petition or motion to terminate parental
7rights the court shall determine whether any party wishes to contest the petition or
8motion
and inform the parties of their rights under sub. (4) and s. 48.423.
SB727,47 9Section 47. 48.422 (2) of the statutes is amended to read:
SB727,19,1410 48.422 (2) Except as provided in s. 48.42 (2g) (ag), if the petition or motion to
11terminate parental rights
is contested the court shall set a date for a fact-finding
12hearing to be held within 45 days after the hearing on the petition or motion, unless
13all of the necessary parties agree to commence with the hearing on the merits
14immediately.
SB727,48 15Section 48. 48.422 (3) of the statutes is amended to read:
SB727,19,1816 48.422 (3) If the petition or motion to terminate parental rights is not contested
17the court shall hear testimony in support of the allegations in the petition or motion,
18including testimony as required in sub. (7).
SB727,49 19Section 49. 48.422 (4) of the statutes is amended to read:
SB727,19,2320 48.422 (4) Any party who is necessary to the proceeding or whose rights may
21be affected by an order terminating parental rights shall be granted a jury trial upon
22request if the request is made before the end of the initial hearing on the petition or
23motion to terminate parental rights
.
SB727,50 24Section 50. 48.422 (6) (b) of the statutes is amended to read:
SB727,20,10
148.422 (6) (b) If the court determines that an unknown person may be the
2father of the child and notice to that person has not been waived under s. 48.42 (4)
3(b) 3., the court shall determine whether constructive notice will substantially
4increase the likelihood of notice to that person. If the court does determine that it
5would substantially increase the likelihood of notice and the petitioner or movant
6has not already caused the notice to be published or the court determines that the
7publication used was not sufficient, the court shall adjourn the hearing for a period
8not to exceed 30 days and shall order constructive notice under s. 48.42 (4) (b). If the
9court determines that constructive notice will not substantially increase the
10likelihood of notice to that person, the court shall order that the hearing proceed.
SB727,51 11Section 51. 48.422 (7) (intro.) of the statutes is amended to read:
SB727,20,1312 48.422 (7) (intro.) Before accepting an admission of the alleged facts in a
13petition or motion to terminate parental rights, the court shall:
SB727,52 14Section 52. 48.422 (7) (a) of the statutes is amended to read:
SB727,20,1715 48.422 (7) (a) Address the parties present and determine that the admission
16is made voluntarily with understanding of the nature of the acts alleged in the
17petition or motion to terminate parental rights and the potential dispositions.
SB727,53 18Section 53. 48.422 (7) (bm) of the statutes is amended to read:
SB727,21,1119 48.422 (7) (bm) Establish whether a proposed adoptive parent of the child has
20been identified. If a proposed adoptive parent of the child has been identified and
21the proposed adoptive parent is not a relative of the child, the court shall order the
22petitioner or movant to submit a report to the court containing the information
23specified in s. 48.913 (7). The court shall review the report to determine whether any
24payments or agreement to make payments set forth in the report are coercive to the
25birth parent of the child or to an alleged to presumed father of the child or are

1impermissible under s. 48.913 (4). Making any payment to or on behalf of the birth
2parent of the child, an alleged or presumed father of the child or the child conditional
3in any part upon transfer or surrender of the child or the termination of parental
4rights or the finalization of the adoption creates a rebuttable presumption of
5coercion. Upon a finding of coercion, the court shall dismiss the petition or motion
6to terminate parental rights
or amend the agreement to delete any coercive
7conditions, if the parties agree to the amendment. Upon a finding that payments
8which are impermissible under s. 48.913 (4) have been made, the court may dismiss
9the petition and may refer the matter to the district attorney for prosecution under
10s. 948.24 (1). This paragraph does not apply if the petition or motion was filed with
11a petition for adoptive placement under s. 48.837 (2).
SB727,54 12Section 54. 48.422 (7) (br) of the statutes is amended to read:
SB727,21,1613 48.422 (7) (br) Establish whether any person has coerced a birth parent or any
14alleged or presumed father of the child in violation of s. 48.63 (3) (b) 5. Upon a finding
15of coercion, the court shall dismiss the petition or motion to terminate parental
16rights
.
SB727,55 17Section 55. 48.422 (8) of the statutes is amended to read:
SB727,21,2218 48.422 (8) If the petition or motion for termination of parental rights is filed
19by an agency enumerated in s. 48.069 (1) or (2), the court shall order the agency to
20file a report with the court as provided in s. 48.425 (1), except that, if the child is an
21Indian child, the court may order the agency or request the tribal child welfare
22department of the Indian child's tribe to file that report.
SB727,56 23Section 56. 48.422 (9) (a) of the statutes is amended to read:
SB727,22,324 48.422 (9) (a) If a petition or motion for termination of the rights of a birth
25parent, as defined under s. 48.432 (1) (am), is filed by a person other than an agency

1enumerated under s. 48.069 (1) or (2) or if the court waives the report required under
2s. 48.425, the court shall order any parent whose rights may be terminated to file
3with the court the information specified under s. 48.425 (1) (am).
SB727,57 4Section 57. 48.423 (2) (intro.) of the statutes is amended to read:
SB727,22,115 48.423 (2) Rights of out-of-state fathers. (intro.) A person who may be the
6father of a nonmarital child who is not adopted or whose parents do not subsequently
7intermarry under s. 767.803 and whose paternity has not been established may
8contest the petition or motion to terminate parental rights, present evidence relevant
9to the issue of disposition, and make alternative dispositional recommendations if
10the person appears at the hearing, establishes paternity under sub. (1), and proves
11all of the following by a preponderance of the evidence:
SB727,58 12Section 58. 48.424 (1) (intro.) of the statutes is amended to read:
SB727,22,1513 48.424 (1) (intro.) The purpose of the fact-finding hearing is to determine in
14cases in which the petition or motion was contested at the hearing on the petition or
15motion to terminate parental rights
under s. 48.422 all of the following:
SB727,59 16Section 59. 48.424 (4) (intro.) of the statutes is amended to read:
SB727,22,2417 48.424 (4) (intro.) If grounds for the termination of parental rights are found
18by the court or jury, the court shall find the parent unfit. A finding of unfitness shall
19not preclude a dismissal of a petition or motion to terminate parental rights under
20s. 48.427 (2). Except as provided in s. 48.23 (2) (b) 3., the court shall then proceed
21immediately to hear evidence and motions related to the dispositions enumerated in
22s. 48.427. Except as provided in s. 48.42 (2g) (ag), the court may delay making the
23disposition and set a date for a dispositional hearing no later than 45 days after the
24fact-finding hearing if any of the following apply:
SB727,60 25Section 60. 48.424 (4) (b) of the statutes is amended to read:
SB727,23,6
148.424 (4) (b) The court has not yet received a report to the court on the history
2of the child as provided in s. 48.425 and the court now orders an agency enumerated
3in s. 48.069 (1) or (2) to file that report with the court, or, in the case of an Indian child,
4now orders that agency or requests the tribal child welfare department of the Indian
5child's tribe to file such a report, before the court makes the disposition on the
6petition or motion to terminate parental rights.
SB727,61 7Section 61. 48.425 (1) (am) 2. of the statutes is amended to read:
SB727,23,108 48.425 (1) (am) 2. A report of any medical examination which either birth
9parent had within one year before the date of the petition or motion to terminate
10parental rights
.
SB727,62 11Section 62. 48.425 (1) (cm) of the statutes is amended to read:
SB727,23,1912 48.425 (1) (cm) If the petition or motion is seeking the involuntary termination
13of parental rights to an Indian child, specific information showing that continued
14custody of the child by the parent or Indian custodian is likely to result in serious
15emotional or physical damage to the child under s. 48.028 (4) (e) 1. and, if the Indian
16child has previously been adjudged to be in need of protection or services, specific
17information showing that active efforts under s. 48.028 (4) (e) 2. have been made to
18prevent the breakup of the Indian child's family and that those efforts have proved
19unsuccessful.
SB727,63 20Section 63. 48.425 (1m) of the statutes is amended to read:
SB727,23,2321 48.425 (1m) The agency required under sub. (1) to file the report shall prepare
22the medical record within 60 days after the date of the petition or motion for the
23termination of parental rights.
SB727,64 24Section 64. 48.425 (3) of the statutes is amended to read:
SB727,24,3
148.425 (3) The court may order a report as specified under this section to be
2prepared by an agency in those cases where the petition or motion to terminate
3parental rights
is filed by someone other than an agency.
SB727,65 4Section 65. 48.427 (2) of the statutes is amended to read:
SB727,24,75 48.427 (2) The court may dismiss the petition or motion to terminate parental
6rights
if it finds that the evidence does not warrant the termination of parental
7rights.
SB727,66 8Section 66. 48.43 (1) (intro.) of the statutes is amended to read:
SB727,24,149 48.43 (1) (intro.) The court shall enter a judgment setting forth its findings and
10disposition in accordance with s. 48.426 in an order implementing the disposition
11chosen. If the court dismisses the petition or motion to terminate parental rights
12under s. 48.427 (2), the order shall contain the reasons for dismissal. If the
13disposition is for the termination of parental rights under s. 48.427 (3), the order
14shall contain all of the following:
SB727,67 15Section 67. 48.46 (2) of the statutes is amended to read:
SB727,25,616 48.46 (2) A parent who has consented to the termination of his or her parental
17rights under s. 48.41 or who did not contest the petition or motion initiating the
18proceeding in which his or her parental rights were terminated termination of
19parental rights proceeding
may move the court for relief from the judgment on any
20of the grounds specified in s. 806.07 (1) (a), (b), (c), (d) or (f). Any such motion for relief
21shall be filed within 30 days after the entry of the judgment or order terminating
22parental rights, unless the parent files a timely notice of intent to pursue relief from
23the judgment under s. 808.04 (7m), in which case the motion for relief shall be filed
24within the time permitted by s. 809.107 (5). A motion for relief under this subsection
25does not affect the finality or suspend the operation of the judgment or order

1terminating parental rights. A parent who has consented to the termination of his
2or her parental rights to an Indian child under s. 48.41 (2) (e) may also move for relief
3from the judgment under s. 48.028 (5) (c) or (6). Motions A motion for relief under
4this subsection or s. 48.028 (5) (c) or (6) and appeals to the court of appeals shall be
5the exclusive remedies for such a parent to obtain a new hearing in a termination of
6parental rights proceeding.
SB727,68 7Section 68. 48.46 (3) of the statutes is amended to read:
SB727,25,138 48.46 (3) An adoptive parent who has been granted adoption of a child under
9s. 48.91 (3) may not petition the court for a rehearing under sub. (1) or move the court
10under s. 806.07 for relief from the order granting adoption. A petition or motion for
11termination of parental rights under s. 48.42 and an appeal to the court of appeals
12shall be the exclusive remedies for an adoptive parent who wishes to end his or her
13parental relationship with his or her adopted child.
SB727,69 14Section 69. 48.83 (1) of the statutes is amended to read:
SB727,25,2515 48.83 (1) Except as provided in s. 48.028 (3) (b), the court of the county where
16the proposed adoptive parent or child resides or the court of the county where a
17petition or motion for termination of parental rights to the child was filed or granted
18under subch. VIII, upon the filing with that court of a petition for adoption or for the
19adoptive placement of a child, has jurisdiction over the child until the petition for
20adoption
is withdrawn, denied, or granted. Venue in a proceeding for adoption or
21adoptive placement of a child shall be in the county where the proposed adoptive
22parent or child resides at the time the petition for adoption is filed or in the county
23where a petition or motion for termination of parental rights to the child was filed
24or granted under subch. VIII. The court may transfer the case to a court in the county
25in which the proposed adoptive parents reside.
SB727,70
1Section 70. 48.835 (3) (title) of the statutes is amended to read:
SB727,26,32 48.835 (3) (title) Petition or motion for termination of parental rights
3required; exception.
SB727,71 4Section 71. 48.835 (3) (a) of the statutes is amended to read:
SB727,26,85 48.835 (3) (a) If the child's parent has not filed a petition or motion for the
6termination of parental rights under s. 48.42, the relative with whom the child is
7placed shall file a petition for the termination of the parents' rights at the same time
8the petition for adoption is filed, except as provided under par. (b).
SB727,72 9Section 72. 48.837 (3) of the statutes is amended to read:
SB727,26,1310 48.837 (3) Petition or motion for termination of parental rights required.
11The petition under sub. (2) shall be filed with a petition or motion under s. 48.42 for
12the voluntary consent to the termination of any existing rights of the petitioning
13parent or parents.
SB727,73 14Section 73. 48.837 (4) (e) of the statutes is amended to read:
SB727,26,2515 48.837 (4) (e) Shall, before hearing the petitions petition under subs. sub. (2)
16and petition or motion under sub. (3), ascertain whether the paternity of a
17nonmarital child who is not adopted or whose parents do not subsequently
18intermarry under s. 767.803 has been acknowledged under s. 767.805 or a
19substantially similar law of another state or adjudicated in this state or another
20jurisdiction. If the child's paternity has not been acknowledged or adjudicated, the
21court shall attempt to ascertain the paternity of the child and shall determine the
22rights of any person who may be the father of the child as provided under s. 48.423.
23The court may not proceed with the hearing on the petitions or motion under this
24section unless the parental rights of the nonpetitioning parent, whether known or
25unknown, have been terminated.
SB727,74
1Section 74. 48.837 (5) of the statutes is amended to read:
SB727,27,92 48.837 (5) Attendance at hearing. The child, if he or she is 12 years of age or
3over, and each petitioner shall attend the hearing on the petition under sub. (2). The
4child, if he or she is 12 years of age or over, and each parent having custody of the child
5shall attend the hearing on the petition or motion under sub. (3). If the parent who
6has custody of the child consents and the court approves, the proposed adoptive
7parents may be present at the hearing on the petition or motion under sub. (3). The
8court may, for good cause, waive the requirement that the child attend either of the
9hearings.
SB727,75 10Section 75. 48.837 (6) (a) of the statutes is amended to read:
SB727,27,1211 48.837 (6) (a) The court shall hold the hearing on the petition under sub. (2)
12before the hearing on the petition or motion required under sub. (3).
SB727,76 13Section 76. 48.837 (6) (b) of the statutes is amended to read:
SB727,28,214 48.837 (6) (b) At the beginning of the hearing held under sub. (2), the court shall
15review the report that is submitted under s. 48.913 (6). The court shall determine
16whether any payments or the conditions specified in any agreement to make
17payments are coercive to the birth parent of the child or to an alleged or presumed
18father of the child or are impermissible under s. 48.913 (4). Making any payment to
19or on behalf of the birth parent of the child, an alleged or presumed father of the child
20or the child conditional in any part upon transfer or surrender of the child or the
21termination of parental rights or the finalization of the adoption creates a rebuttable
22presumption of coercion. Upon a finding of coercion, the court shall dismiss the
23petitions petition under subs. sub. (2) and petition or motion under sub. (3) or amend
24the agreement to delete any coercive conditions, if the parties agree to the
25amendment. Upon a finding that payments which are impermissible under s. 48.913

1(4) have been made, the court may dismiss the petition under sub. (2) and may refer
2the matter to the district attorney for prosecution under s. 948.24 (1).
SB727,77 3Section 77. 48.837 (6) (br) of the statutes is amended to read:
SB727,28,84 48.837 (6) (br) At the hearing on the petition under sub. (2), the court shall
5determine whether any person has coerced a birth parent or any alleged or presumed
6father of the child in violation of sub. (1r) (e). Upon a finding of coercion, the court
7shall dismiss the petitions petition under subs. sub. (2) and the petition or motion
8under sub.
(3).
SB727,78 9Section 78. 48.837 (6) (d) of the statutes is amended to read:
SB727,28,1910 48.837 (6) (d) If the proposed placement is approved, the court shall proceed
11immediately to a hearing on the petition or motion required under sub. (3). If the
12parental rights of the parent are terminated, the court shall appoint as guardian of
13the child the department, a county department under s. 48.57 (1) (e) or (hm), or a
14child welfare agency licensed to accept guardianship under s. 48.61 (5). If the child
15has not been placed with the proposed adoptive parent or parents under sub. (1r) or
16(4) (d), the court shall order the child to be placed with the proposed adoptive parent
17or parents. If the child has been placed with the proposed adoptive parent or parents
18under sub. (1r) or (4) (d), the court shall order the child to be maintained in that
19placement.
SB727,79 20Section 79. Initial applicability.
SB727,28,2321 (1) This act first applies to a motion to terminate parental rights filed in a
22proceeding for which a petition is filed under s. 48.25 on the effective date of this
23subsection.
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