Amendment ASA1-AB521

AB521-ASA1,25,3 (c) That the person attempted to locate the mother through every reasonable means, but did not know or have reason to know that the mother was residing or located in this state.

AB521-ASA1,25,6 (d) That the person has complied with the requirements of the state where the mother previously resided or was located to protect and preserve his paternal interests in matters affecting the child.

AB521-ASA1, s. 38 Section 38. 48.43 (6) of the statutes is renumbered 48.43 (6) (a) and amended to read:

AB521-ASA1,25,15 48.43 (6) (a) Judgments under this subchapter terminating parental rights are final and are appealable under s. 808.03 (1) according to the procedure specified in s. 809.107 and are subject to a petition for rehearing or a motion for relief only as provided in s. 48.46 (1m) and (2). The attorney representing a person during a proceeding under this subchapter shall continue representation of that person by filing a notice of intent to appeal under s. 809.107 (2), unless the attorney has been previously discharged during the proceeding by the person or by the trial court.

AB521-ASA1, s. 39 Section 39 . 48.43 (6) (b) and (c) of the statutes are created to read:

AB521-ASA1,25,19 48.43 (6) (b) The mother of a child who completes an affidavit under s. 48.42 (1g) may not collaterally attack a judgment terminating parental rights on the basis that the father of the child was not correctly identified.

AB521-ASA1,25,24 (c) In no event may any person, for any reason, collaterally attack a judgment terminating parental rights more than one year after the date on which the time limit for filing an appeal from the judgment has expired, or more than one year after the date on which all appeals from the judgment, if any were filed, have been decided, whichever is later.

AB521-ASA1, s. 40 Section 40. 48.43 (6m) of the statutes is created to read:

AB521-ASA1,26,7 48.43 (6m) If a person whose parental rights are terminated is present in court when the court grants the order terminating those rights, the court shall provide written notification to the person of the time limits for appeal of the judgment. The person shall sign the written notification, indicating that he or she has been notified of the time limits for filing an appeal under ss. 808.04 (7m) and 809.107. The person's counsel shall file a copy of the signed, written notification with the court on the date on which the judgment is granted.

AB521-ASA1, s. 41 Section 41 . 48.48 (17) (bm) of the statutes is created to read:

AB521-ASA1,26,15 48.48 (17) (bm) As soon as practicable after learning that a person who is receiving child welfare services under par. (a) from the department has changed his or her county of residence, the department shall provide notice of that change to the county department of the person's new county of residence. The notice shall include a brief, written description of the services offered or provided to the person by the department and the name, telephone number, and address of a person to contact for more information.

AB521-ASA1, s. 42 Section 42 . 48.57 (2m) of the statutes is created to read:

AB521-ASA1,26,24 48.57 (2m) A county department, as soon as practicable after learning that a person who is receiving child welfare services under sub. (1) from the county department has changed his or her county of residence, shall provide notice of that change to the county department of the person's new county of residence or, if that new county of residence is a county having a population of 500,000 or more, the department. The notice shall include a brief, written description of the services offered or provided to the person by the county department and the name, telephone number, and address of a person to contact for more information.

AB521-ASA1, s. 43 Section 43. 48.64 (4) (c) of the statutes is amended to read:

AB521-ASA1,27,12 48.64 (4) (c) The circuit court for the county where the child is placed dispositional order placing a child in a foster home, treatment foster home, or group home was entered or the voluntary agreement under s. 48.63 so placing a child was made has jurisdiction upon petition of any interested party over a child who is placed in a foster home, treatment foster home, or group home. The circuit court may call a hearing, at which the head of the home and the supervising agency under sub. (2) shall be present, for the purpose of reviewing any decision or order of that agency involving the placement and care of the child. If the child has been placed in a foster home, the foster parent may present relevant evidence at the hearing. The court shall determine the case so as to promote The petitioner has the burden of proving by clear and convincing evidence that the decision or order issued by the agency is not in the best interests of the child.

AB521-ASA1, s. 44 Section 44. 48.72 of the statutes is amended to read:

AB521-ASA1,27,25 48.72 Appeal procedure. Except as provided in s. 48.715 (6) and (7), any person aggrieved by the department's refusal or failure to issue, renew, or continue a license or by any action taken by the department under s. 48.715 has the right to an administrative hearing provided for contested cases in ch. 227. To receive an administrative hearing under ch. 227, the aggrieved person shall send to the department a written request for a hearing under s. 227.44 within 10 days after the date of the department's refusal or failure to issue, renew, or continue a license or the department's action taken under s. 48.715. The department shall hold an administrative hearing under s. 227.44 within 30 days after receipt of the request for the administrative hearing unless the aggrieved person consents to an extension of that time period. Judicial review of the department's decision may be had by any party in the contested case as provided in ch. 227.

AB521-ASA1, s. 45 Section 45 . 48.78 (2) (a) of the statutes is amended to read:

AB521-ASA1,28,6 48.78 (2) (a) No agency may make available for inspection or disclose the contents of any record kept or information received about an individual in its care or legal custody, except as provided under s. 48.371, 48.38 (5) (b) or (d) or (5m) (d), 48.432, 48.433, 48.48 (17) (bm), 48.57 (2m), 48.93, 48.981 (7), 938.51, or 938.78 or by order of the court.

AB521-ASA1, s. 46 Section 46. 48.825 (3m) of the statutes is created to read:

AB521-ASA1,28,13 48.825 (3m) No person may publish by a public medium an advertisement that violates this section. If the owner, agent, or employee of the public medium receives a copy of the license of the person or agency requesting the advertisement that indicates that the person or agency is licensed to provide adoption services in this state, there is a rebuttable presumption that the advertisement does not violate this section.

AB521-ASA1, s. 47 Section 47. 48.825 (5) of the statutes is amended to read:

AB521-ASA1,28,16 48.825 (5) Any person who violates sub. (2) or (3m) may be fined not more than $10,000 or imprisoned not more than 9 months or both.

AB521-ASA1, s. 48 Section 48. 48.833 of the statutes is amended to read:

AB521-ASA1,29,13 48.833 Placement of children for adoption by the department, county departments, and child welfare agencies. The department, a county department under s. 48.57 (1) (e) or (hm), or a child welfare agency licensed under s. 48.60 may place a child for adoption in a licensed foster home or a licensed treatment foster home without a court order if the department, county department under s. 48.57 (1) (e) or (hm) or the, or child welfare agency is the guardian of the child or makes the placement at the request of another agency which that is the guardian of the child and if the proposed adoptive parents have completed the preadoption preparation required under s. 48.84 (1) or the department, county department, or child welfare agency determines that the proposed adoptive parents are not required to complete that preparation. Before placing a child for adoption under this section, the department, county department, or child welfare agency making the placement shall consider the availability of a placement for adoption with a relative of the child who is identified in the child's permanency plan under s. 48.38 or 938.38 or who is otherwise known by the department, county department, or child welfare agency. When a child is placed under this section in a licensed foster home or a licensed treatment foster home for adoption, the department, county department , or child welfare agency making the placement shall enter into a written agreement with the proposed adoptive parent, which shall state the date on which the child is placed in the licensed foster home or licensed treatment foster home for adoption by the proposed adoptive parent.

AB521-ASA1, s. 49 Section 49. 48.837 (1) of the statutes is amended to read:

AB521-ASA1,29,20 48.837 (1) Adoptive In-state adoptive placement. A When the proposed adoptive parent or parents of a child reside in this state and are not relatives of the child, a parent having custody of a child and the proposed adoptive parent or parents of the child may petition the court for placement of the child for adoption in the home of a person who is not a relative of the child if the home is licensed as a foster home or treatment foster home under s. 48.62.

AB521-ASA1, s. 50 Section 50. 48.837 (1m) of the statutes is created to read:

AB521-ASA1,30,3 48.837 (1m) Out-of-state adoptive placement. Notwithstanding s. 48.988, when the proposed adoptive parent or parents of a child reside outside this state and are not relatives of the child, a parent having custody of a child and the proposed adoptive parent or parents of the child may petition the court for placement of the child for adoption in the home of the proposed adoptive parent or parents, if the home meets the criteria established by the laws of the other state for a preadoptive placement of a child in the home of a nonrelative.

AB521-ASA1, s. 51 Section 51. 48.837 (2) (d) of the statutes is created to read:

AB521-ASA1,30,7 48.837 (2) (d) That the proposed adoptive parents have completed the preadoption preparation required under s. 48.84 (1) or are not required to complete that preparation.

AB521-ASA1, s. 52 Section 52. 48.837 (4) (c) of the statutes is amended to read:

AB521-ASA1,30,16 48.837 (4) (c) Shall, when the petition has been filed under sub. (1), order the department or a county department under s. 48.57 (1) (e) or (hm) to investigate the proposed adoptive placement, to interview each petitioner, to provide counseling if requested and to report its recommendation to the court at least 5 days before the hearing on the petition. If a licensed child welfare agency has investigated the proposed adoptive placement and interviewed the petitioners, the court may accept a report and recommendation from the child welfare agency in place of the court-ordered report required under this paragraph.

AB521-ASA1, s. 53 Section 53. 48.837 (4) (cm) of the statutes is created to read:

AB521-ASA1,30,22 48.837 (4) (cm) Shall, when the petition has been filed under sub. (1m), request the appropriate agency in the state where the proposed adoptive parent or parents reside to follow the procedure established by the laws of that state to ensure that the proposed adoptive home meets the criteria for a preadoptive placement of the child in the home of a nonrelative.

AB521-ASA1, s. 54 Section 54. 48.837 (4) (e) of the statutes is amended to read:

AB521-ASA1,31,10 48.837 (4) (e) Shall, before hearing the petitions under subs. (2) and (3), ascertain whether the child's paternity of a nonmarital child who is not adopted or whose parents do not subsequently intermarry under s. 767.60 has been acknowledged under s. 767.62 (1) or a substantially similar law of another state or adjudicated in this state or another jurisdiction. If any person has filed a declaration of paternal interest under s. 48.025, the court shall determine the rights of that person. If the child's paternity has not been acknowledged or adjudicated and if no person has filed a declaration under s. 48.025, the court shall attempt to ascertain the paternity of the child and shall determine the rights of any person who may be the father of the child as provided under s. 48.423. The court may not proceed with the hearing on the petitions under this section unless the parental rights of the nonpetitioning parent, whether known or unknown, have been terminated.

AB521-ASA1, s. 55 Section 55. 48.839 (2) (b) of the statutes is amended to read:

AB521-ASA1,31,23 48.839 (2) (b) If the guardian files a judgment or order of a court under par. (a), the department shall review the judgment or order. If the department determines that the judgment or order has the effect of freeing the child for adoption, if the department has been furnished with a copy of a home study recommending the guardian as an adoptive parent, if a licensed child welfare agency has been identified to provide the services required under sub. (5) and, if the guardian has filed the bond required under sub. (1), and if the guardian has completed the preadoption preparation required under s. 48.84 (1) or the department has determined that the guardian is not required to complete that preparation, the department shall certify to the U.S. immigration and naturalization service that all preadoptive requirements of this state that can be met before the child's arrival in the United States have been met.

AB521-ASA1, s. 56 Section 56. 48.839 (2) (c) of the statutes is amended to read:

AB521-ASA1,32,12 48.839 (2) (c) If the guardian files an instrument other than a judgment or order of a court under par. (a), the department shall review the instrument. If the department determines that the instrument has the effect under the laws of the foreign jurisdiction of freeing the child for adoption, if the department has been furnished with a copy of a home study recommending the adoptive parents, if a licensed child welfare agency has been identified to provide the services required under sub. (5) and, if the guardian has filed the bond required under sub. (1), and if the guardian has completed the preadoption preparation required under s. 48.84 (1) or the department has determined that the guardian is not required to complete that preparation, the department shall certify to the U.S. immigration and naturalization service that all preadoptive requirements of this state that can be met prior to the child's arrival in the United States have been met.

AB521-ASA1, s. 57 Section 57. 48.84 of the statutes is created to read:

AB521-ASA1,32,25 48.84 Preadoption preparation for proposed adoptive parents. (1) Before a child may be placed under s. 48.833 for adoption by a proposed adoptive parent who has not previously adopted a child, before a proposed adoptive parent who has not previously adopted a child may petition for placement of a child for adoption under s. 48.837, and before a proposed adoptive parent who has not previously adopted a child may bring a child into this state for adoption under s. 48.839, the proposed adoptive parent shall complete the preadoption preparation required under this section. The preparation shall be provided by a licensed child welfare agency, a licensed private adoption agency, or a state-funded postadoption resource center. If the proposed adoptive parent does not reside in this state, he or she may meet this requirement by obtaining equivalent preparation in his or her state of residence.

AB521-ASA1,33,5 (2) The department shall promulgate rules establishing the number of hours of preadoption preparation that is required under sub. (1) and the topics covered under that preparation. The preparation shall include training on issues that may confront adoptive parents, in general, and that may confront adoptive parents of special needs children or foreign children.

AB521-ASA1,33,9 (3) A proposed adoptive parent who petitions to adopt a child under s. 48.837 or 48.839 shall pay the costs of the preadoption preparation required under sub. (1). The department shall pay the costs of the preadoption preparation required under sub. (1) for a proposed adoptive parent with whom a child is placed under s. 48.833.

AB521-ASA1, s. 58 Section 58. 48.91 (2) of the statutes is amended to read:

AB521-ASA1,33,23 48.91 (2) In an adoption proceeding for a nonmarital child who is not adopted or whose parents do not subsequently intermarry under s. 767.60, the court shall establish whether the rights of any persons who have filed declarations of paternal interest under s. 48.025 have been determined or whether the child's paternity has been acknowledged under s. 767.62 (1) or a substantially similar law of another state or adjudicated in this state or in another jurisdiction. If the court finds that no such determination has been made child's paternity has not been acknowledged or adjudicated, the court shall proceed, prior to any action on the petition for adoption, to attempt to ascertain the paternity of the child and the rights of any person who has filed a declaration under s. 48.025 shall determine the rights of any person who may be the father of the child as provided under s. 48.423. The court may not proceed with the hearing on the petition for adoption unless the parental rights of the nonpetitioning parent, whether known or unknown, have been terminated.

AB521-ASA1, s. 59 Section 59. 48.913 (1) (c), (i) and (m) of the statutes are amended to read:

AB521-ASA1,34,2 48.913 (1) (c) Maternity clothes for the child's birth mother, not to exceed a reasonable in an amount not to exceed $300.

AB521-ASA1,34,6 (i) Living expenses of the child's birth mother, in an amount not to exceed $1,000 $5,000, if payment of the expenses by the proposed adoptive parents or a person acting on their behalf is necessary to protect the health and welfare of the birth mother or the fetus.

AB521-ASA1,34,8 (m) A gift to the child's birth mother from the proposed adoptive parents, of no greater than $50 $100 in value.

AB521-ASA1, s. 60 Section 60. 808.04 (7m) of the statutes is amended to read:

AB521-ASA1,34,15 808.04 (7m) An appeal from a judgment or order terminating parental rights or denying termination of parental rights shall be initiated by filing the notice required by s. 809.107 (2) within 30 days after the date of entry of the judgment or order appealed from. Notwithstanding s. 809.82 (2) (b), this time period may not be enlarged unless the judgment or order was entered as a result of a petition under s. 48.415 that was filed by a representative of the public under s. 48.09.

AB521-ASA1, s. 61 Section 61. 808.04 (8) of the statutes is amended to read:

AB521-ASA1,34,19 808.04 (8) If the record discloses that the judgment or order appealed from was entered after the notice of appeal or intent to appeal was filed, the notice of appeal shall be treated as filed after such that entry and on the day thereof of the entry.

AB521-ASA1, s. 62 Section 62. 809.107 (5) (am) of the statutes is created to read:

AB521-ASA1,34,25 809.107 (5) (am) Notice of abandonment of appeal. If the person who filed a notice of intent to appeal under sub. (2) and requested a transcript and case record under sub. (4) decides not to file a notice of appeal, that person shall notify the person required to be served under sub. (2) of this decision, within 30 days after the service of the transcript and case record under sub. (4).

AB521-ASA1, s. 63 Section 63. 809.82 (2) (b) of the statutes is amended to read:

AB521-ASA1,35,4 809.82 (2) (b) Notwithstanding the provisions of par. (a), the time for filing a notice of appeal or cross-appeal of a final judgment or order, other than in an appeal under s. 809.30 or 809.32 or as provided under s. 808.04 (7m), may not be enlarged.

AB521-ASA1, s. 64 Section 64. 938.27 (3) (b) 1. a. of the statutes is amended to read:

AB521-ASA1,35,7 938.27 (3) (b) 1. a. A person who has filed a declaration of paternal interest under s. 48.025.

AB521-ASA1, s. 65 Section 65. 938.27 (5) of the statutes is amended to read:

AB521-ASA1,35,14 938.27 (5) Subject to sub. (3) (b), the court shall make every reasonable effort to identify and notify any person who has filed a declaration of paternal interest under s. 48.025, any person who has acknowledged paternity of the child under s. 767.62 (1), and any person who has been adjudged to be the biological father of the juvenile in a judicial proceeding unless the biological father's person's parental rights have been terminated.

AB521-ASA1, s. 66 Section 66 . 938.57 (2m) of the statutes is created to read:

AB521-ASA1,35,22 938.57 (2m) A county department, as soon as practicable after learning that a person who is receiving juvenile welfare services under sub. (1) from the county department has changed his or her county of residence, shall provide notice of that change to the county department of the person's new county of residence. The notice shall include a brief, written description of the services offered or provided to the person by the county department and the name, telephone number, and address of a person to contact for more information.

AB521-ASA1, s. 67 Section 67 . 938.78 (2) (a) of the statutes is amended to read:

AB521-ASA1,36,2 938.78 (2) (a) No agency may make available for inspection or disclose the contents of any record kept or information received about an individual in its care or legal custody, except as provided under sub. (3) or s. 938.371, 938.38 (5) (b) or (d) or (5m) (d), or 938.51, or 938.57 (2m) or by order of the court.

AB521-ASA1, s. 68 Section 68. 977.07 (1) (c) of the statutes is amended to read:

AB521-ASA1,36,13 977.07 (1) (c) For all referrals made under ss. 809.107, 809.30, 974.06 (3) (b) and 974.07 (11), except a referral of a child who is entitled to be represented by counsel under s. 48.23 or 938.23, a representative of the state public defender shall determine indigency. For referrals made under ss. 809.107, 809.30 and 974.06 (3) (b), except a referral of a child who is entitled to be represented by counsel under s. 48.23 or 938.23, the representative of the state public defender may, unless a request for redetermination has been filed under s. 809.30 (2) (d) or the defendant's person's request for representation states that his or her financial circumstances have materially improved, rely upon a determination of indigency made for purposes of trial representation under this section.

AB521-ASA1, s. 69 Section 69. Nonstatutory provisions.

AB521-ASA1,36,19 (1) Preadoption preparation. The department of health and family services shall submit in proposed form the rules required under section 48.84 (2) of the statutes, as created by this act, to the legislative council staff under section 227.15 (1) of the statutes no later than the first day of the 4th month beginning after the effective date of this subsection.

AB521-ASA1, s. 70 Section 70 . Initial applicability.

AB521-ASA1,37,2 (1) Notice of and participation in termination of parental rights proceedings. The treatment of sections 48.42 (1) (a), (1g), (2) (b) (intro.) and 1. and (bm) and (3) (a), 48.422 (6) (a), 48.837 (4) (e), and 48.91 (2) of the statutes, the renumbering and amendment of sections 48.42 (2m), 48.423, and 48.43 (6) of the statutes, and the creation of sections 48.42 (2m) (b), 48.423 (2), and 48.43 (6) (b) and (c) of the statutes first apply to a termination of parental rights petition filed on the effective date of this subsection.

AB521-ASA1,37,6 (2) Notice to county when person receiving services changes county of residence. The treatment of sections 48.48 (17) (bm), 48.57 (2m), 48.78 (2) (a), 938.57 (2m), and 938.78 (2) (a) of the statutes first applies to a person who changes his or her county of residence on the effective date of this subsection.

AB521-ASA1,37,7 (3) Termination of parental rights grounds.

AB521-ASA1,37,10 (a) The treatment of section 48.415 (2) (a) 3. 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.

AB521-ASA1,37,17 (b) The treatment of section 48.415 (10) (a) and (b) of the statutes first applies to court orders required to contain the notice under section 48.356 (2) of the statutes granted on the effective date of this paragraph but does not preclude consideration of prior orders of a court terminating parental rights with respect to a child who is not the subject of the petition in determining whether to terminate, or to find grounds to terminate, the parental rights of a person under section 48.415 (10) of the statutes, as affected by this act.

AB521-ASA1,37,21 (4) Termination of parental rights appeals. The treatment of sections 48.43 (6m), 808.04 (7m) and (8), 809.107 (5) (am), and 809.82 (2) (b) of the statutes first applies to judgments or orders granted under section 48.43 of the statutes, as affected by this act, on the effective date of this paragraph.

AB521-ASA1,37,24 (5) Agency decisions involving placement of child. The treatment of section 48.64 (4) (c) of the statutes first applies to a decision or order of an agency involving the placement and care of a child made on the effective date of this subsection.

AB521-ASA1,38,3 (6) Judicial review. The treatment of section 48.72 of the statutes first applies to a decision made or action taken by the department of health and family services on the effective date of this subsection.

AB521-ASA1,38,6 (7) Advertising relating to adoption. The treatment of section 48.825 (3m) and (5) of the statutes first applies to advertisements published on the effective date of this subsection.

AB521-ASA1,38,9 (8) Payment of birth parents' expenses. The treatment of section 48.913 (1) (c), (i), and (m) of the statutes first applies to the payment of expenses that are incurred on the effective date of this subsection.

AB521-ASA1,38,15 (9) Preadoption preparation. The treatment of sections 48.833, 48.837 (2) (d), 48.839 (2) (b) and (c), and 48.84 of the statutes first applies to a child placed for adoption under section 48.833 of the statutes, as affected by this act, a petition for adoptive placement of a child filed under s. 48.837 (2) of the statutes, as affected by this act, or a child brought into this state for purposes of adoption under section 48.839 of the statutes, as affected by this act, on the effective date of this subsection.

AB521-ASA1, s. 71 Section 71. Effective dates. This act takes effect on the day after publication, except as follows:

AB521-ASA1,39,2 (1) Declaration of paternal interest. The treatment of sections 46.03 (7) (bm), 48.025 (1), (5) and (6), 48.27 (3) (b) 1. a., 48.27 (5), 48.42 (1) (a), (1g), (2) (b) (intro.) and 1. and (bm), and (3) (a), 48.422 (6) (a), 48.837 (4) (e), 48.91 (2), 938.27 (3) (b) 1. a. and (5) of the statutes, the renumbering of section 48.025 (3) of the statutes, the renumbering and amendment of sections 48.025 (2), 48.42 (2m), 48.423, and 48.43 (6) of the statutes, and the creation of sections 48.025 (2) (b) and (d) and (3) (a), (c), and (d), 48.42 (2m) (b), 48.423 (2), and 48.43 (6) (b) and (c) of the statutes and Section 70 (1) of this act take effect on the first day of the 3rd month beginning after publication.

AB521-ASA1,39,5 (2) Preadoption preparation. The treatment of sections 48.833, 48.837 (2) (d), 48.839 (2) (b) and (c), and 48.84 of the statutes and Section 70 (9) of this act take effect on the first day of the 12th month beginning after publication.

AB521-ASA1,39,6 (End)