2021 - 2022 LEGISLATURE
SENATE SUBSTITUTE AMENDMENT 1,
TO SENATE BILL 595
January 28, 2022 - Offered by Senator Stroebel.
SB595-SSA1,1,2
1An Act to create 48.415 (3m) of the statutes;
relating to: termination of
2parental rights in cases of parental incarceration.
Analysis by the Legislative Reference Bureau
Under current law, in a proceeding for involuntary termination of parental
rights (TPR), the juvenile court must determine whether grounds exist for TPR. This
bill creates a new ground for TPR based on parental incarceration, which must be
established by proving all of the following:
1. That the parent has been convicted of a crime that would disqualify him or
her from participation in certain earned release programs and is incarcerated at the
time of the fact-finding hearing for TPR.
2. That the child is 14 years old or younger and the parent is likely to be
incarcerated for more than 50 percent of the child's remaining minority.
3. That, while the parent is incarcerated, the child has been adjudged to be in
need of protection or services and placed outside the child's home pursuant to one or
more court orders containing notice of the grounds for TPR.
4. That, during incarceration, the parent has failed to maintain a parental
relationship with the child.
5. That no appeal is pending in the parent's criminal case at the time that the
fact-finding hearing is held for the TPR.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB595-SSA1,1
1Section 1
. 48.415 (3m) of the statutes is created to read:
SB595-SSA1,2,32
48.415
(3m) Parental incarceration. Parental incarceration, which shall be
3established by proving all of the following:
SB595-SSA1,2,84
(a) That the child is 14 years of age or younger at the time the petition to
5terminate parental rights is filed, has been adjudged to be in need of protection or
6services, and, while the parent is incarcerated, has been placed, or continued in a
7placement, outside his or her home pursuant to one or more court orders under s.
848.345, 48.357, 48.363, or 48.365 containing the notice required under s. 48.356 (2).
SB595-SSA1,2,129
(b) That the parent has been convicted of a crime specified in ch. 940 or s.
10948.02, 948.025, 948.03, 948.05, 948.051, 948.055, 948.06, 948.07, 948.075, 948.08,
11948.085, or 948.095 and sentenced to prison for a period of confinement that is likely
12to exceed 50 percent of the child's remaining minority.
SB595-SSA1,2,1413
(c) That no appeal of the parent's conviction is pending at the time of the
14fact-finding hearing.
SB595-SSA1,2,2015
(d) That, during incarceration, the parent has failed to maintain a parental
16relationship with the child. In evaluating whether the person has failed to maintain
17a parental relationship with the child, the court may consider whether the person
18has expressed concern for or interest in the support, care, or well-being of the child
19and whether the person has communicated or attempted to communicate with the
20child.
SB595-SSA1,3,7
1(1)
Parental incarceration. A court assigned to exercise jurisdiction under ch.
248 may terminate parental rights on the grounds specified under s. 48.415 (3m) to
3a child who was ordered to be placed outside the home before the effective date of this
4subsection notwithstanding that the parent was not notified under s. 48.356 (2) of
5the grounds under s. 48.415 (3m) when the out-of-home placement was ordered so
6long as the parent is notified of those grounds under s. 48.356 (2) before the filing of
7the termination of parental rights petition.
SB595-SSA1,3,109
(1)
Parental incarceration. This act first applies to a petition for termination
10of parental rights filed on the effective date of this subsection.
