AB521-ASA1,12,2121 4. The consequences of not filing a declaration of interest.
AB521-ASA1,12,2522 (b) The department may publicize the information under par. (a) by posting the
23information on the Internet, by creating a pamphlet for use by schools and health
24care providers, and by requiring agencies that provide services under contract with
25the department to provide the information to clients.
AB521-ASA1, s. 10
1Section 10 . 48.025 (6) of the statutes is created to read:
AB521-ASA1,13,52 48.025 (6) (a) Any person who makes a false statement in a declaration,
3revocation of a declaration, or response to a declaration filed under this section that
4the person does not believe is true is subject to prosecution for false swearing under
5s. 946.32 (2).
AB521-ASA1,13,86 (b) Except as permitted under sub. (3), any person who intentionally obtains,
7uses, or discloses information that is confidential under this section may be fined not
8more than $1,000 or imprisoned for not more than 90 days or both.
AB521-ASA1, s. 11 9Section 11. 48.235 (1) (g) of the statutes is created to read:
AB521-ASA1,13,1410 48.235 (1) (g) The court shall appoint a guardian ad litem for a parent who is
11the subject of a termination of parental rights proceeding, if any assessment or
12examination of a parent that is ordered under s. 48.295 (1) shows that the parent is
13not competent to participate in the proceeding or to assist his or her counsel or the
14court in protecting the parent's rights in the proceeding.
AB521-ASA1, s. 12 15Section 12. 48.235 (5m) of the statutes is created to read:
AB521-ASA1,13,2316 48.235 (5m) Matters involving contested termination of parental rights
17proceedings.
(a) In any termination of parental rights proceeding involving a child
18who has been found to be in need of protection or services and whose parent is
19contesting the termination of his or her parental rights, a guardian ad litem for a
20parent who has been appointed under sub. (1) (g) shall provide information to the
21court relating to the parent's competency to participate in the proceeding, and shall
22also provide assistance to the court and the parent's adversary counsel in protecting
23the parent's rights in the proceeding.
AB521-ASA1,14,224 (b) The guardian ad litem may not participate in the proceeding as a party, and
25may not call witnesses, provide opening statements or closing arguments, or

1participate in any activity at trial that is required to be performed by the parent's
2adversary counsel.
AB521-ASA1, s. 13 3Section 13 . 48.27 (3) (b) 1. a. of the statutes is amended to read:
AB521-ASA1,14,54 48.27 (3) (b) 1. a. A person who has filed a declaration of paternal interest under
5s. 48.025.
AB521-ASA1, s. 14 6Section 14 . 48.27 (5) of the statutes is amended to read:
AB521-ASA1,14,127 48.27 (5) Subject to sub. (3) (b), the court shall make every reasonable effort
8to identify and notify any person who has filed a declaration of paternal interest
9under s. 48.025, any person who has acknowledged paternity of the child under s.
10767.62 (1),
and any person who has been adjudged to be the biological father of the
11child in a judicial proceeding unless the biological father's person's parental rights
12have been terminated.
AB521-ASA1, s. 15 13Section 15. 48.295 (1) of the statutes is amended to read:
AB521-ASA1,15,1014 48.295 (1) After the filing of a petition and upon a finding by the court that
15reasonable cause exists to warrant an a physical, psychological, mental, or
16developmental
examination or an alcohol and other drug abuse assessment that
17conforms to the criteria specified under s. 48.547 (4), the court may order any child
18coming within its jurisdiction to be examined as an outpatient by personnel in an
19approved treatment facility for alcohol and other drug abuse, by a physician,
20psychiatrist or licensed psychologist, or by another expert appointed by the court
21holding at least a master's degree in social work or another related field of child
22development, in order that the child's physical, psychological, alcohol or other drug
23dependency, mental, or developmental condition may be considered. The court may
24also order an a physical, psychological, mental, or developmental examination or an
25alcohol and other drug abuse assessment that conforms to the criteria specified

1under s. 48.547 (4) of a parent, guardian, or legal custodian whose ability to care for
2a child is at issue before the court or of an expectant mother whose ability to control
3her use of alcohol beverages, controlled substances, or controlled substance analogs
4is at issue before the court. The court shall hear any objections by the child, or the
5child's parents, guardian, or legal custodian to the request for such an examination
6or assessment before ordering the examination or assessment. The expenses of an
7examination, if approved by the court, shall be paid by the county of the court
8ordering the examination in a county having a population of less than 500,000 or by
9the department in a county having a population of 500,000 or more. The payment
10for an alcohol and other drug abuse assessment shall be in accordance with s. 48.361.
AB521-ASA1, s. 16 11Section 16. 48.368 (1) of the statutes is amended to read:
AB521-ASA1,15,19 1248.368 Continuation of dispositional orders. (1) If a petition for
13termination of parental rights is filed under s. 48.41 or 48.415 or an appeal from a
14judgment terminating or denying termination of parental rights is filed during the
15year in which a dispositional order under s. 48.355 or , an extension order under s.
1648.365, a voluntary agreement for placement of the child under s. 48.63, or a
17guardianship order under s. 48.977 or ch. 880
is in effect, the dispositional or
18extension order, voluntary agreement, or guardianship order shall remain in effect
19until all proceedings related to the filing of the petition or an appeal are concluded.
AB521-ASA1, s. 17 20Section 17. 48.40 (1r) of the statutes is created to read:
AB521-ASA1,16,321 48.40 (1r) "Parent" has the meaning given in s. 48.02 (13), except that for
22purposes of filing a petition seeking the involuntary termination of parental rights
23under s. 48.415 to a nonmarital child who is not adopted or whose parents do not
24subsequently intermarry under s. 767.60 and whose paternity has not been
25established, of finding grounds under s. 48.415 for the involuntary termination of

1parental rights to such a child, and of terminating the parental rights to such a child
2on a ground specified in s. 48.415, "parent" includes a person who may be the parent
3of such a child.
AB521-ASA1, s. 18 4Section 18. 48.41 (2) (b) of the statutes is renumbered 48.41 (2) (b) (intro.) and
5amended to read:
AB521-ASA1,16,76 48.41 (2) (b) (intro.) If the court finds that it would be difficult or impossible for
7the parent to appear in person at the hearing, the court may do any of the following:
AB521-ASA1,16,15 81. Accept accept the written consent of the parent given before an embassy or
9consul official, a military judge, or a judge of any court of record in another county
10or state or a foreign jurisdiction. This written consent shall be accompanied by the
11signed findings of the embassy or consul official or judge who accepted the parent's
12consent. These findings shall recite that the embassy or consul official or judge or
13an attorney who represents any of the parties questioned the parent and found that
14the consent was informed and voluntary before the embassy or consul official or
15judge accepted the consent of the parent.
AB521-ASA1, s. 19 16Section 19. 48.41 (2) (b) 2. of the statutes is created to read:
AB521-ASA1,16,1917 48.41 (2) (b) 2. On request of the parent, unless good cause to the contrary is
18shown, admit testimony on the record by telephone or live audiovisual means as
19prescribed in s. 807.13 (2).
AB521-ASA1, s. 20 20Section 20. 48.415 (2) (a) 3. of the statutes is amended to read:
AB521-ASA1,17,221 48.415 (2) (a) 3. That the child has been outside the home for a cumulative total
22period of 6 months or longer pursuant to such orders not including time spent outside
23the home as an unborn child; and that the parent has failed to meet the conditions
24established for the safe return of the child to the home and there is a substantial

1likelihood that the parent will not meet these conditions within the 12-month
29-month period following the fact-finding hearing under s. 48.424.
AB521-ASA1, s. 21 3Section 21. 48.415 (6) (a) and (b) of the statutes are amended to read:
AB521-ASA1,17,74 48.415 (6) (a) Failure to assume parental responsibility, which shall be
5established by proving that the parent or the person or persons who may be the
6parent of the child have never not had a substantial parental relationship with the
7child.
AB521-ASA1,17,178 (b) In this subsection, "substantial parental relationship" means the
9acceptance and exercise of significant responsibility for the daily supervision,
10education, protection and care of the child. In evaluating whether the person has had
11a substantial parental relationship with the child, the court may consider such
12factors, including, but not limited to, whether the person has ever expressed concern
13for or interest in the support, care or well-being of the child, whether the person has
14neglected or refused to provide care or support for the child and whether, with respect
15to a person who is or may be the father of the child, the person has ever expressed
16concern for or interest in the support, care or well-being of the mother during her
17pregnancy.
AB521-ASA1, s. 22 18Section 22. 48.415 (10) (a) of the statutes is amended to read:
AB521-ASA1,18,219 48.415 (10) (a) That the child who is the subject of the petition has been
20adjudged to be in need of protection or services under s. 48.13 (2), (3) or (10); or that
21the child who is the subject of the petition has been adjudged to be in need of
22protection or services under s. 48.13 (3m) or (10m) and the parent has failed to
23remedy the conditions responsible for court intervention and there is a substantial
24likelihood that the parent will not remedy those conditions within the 9-month
25period following the fact-finding hearing under s. 48.424; or that the child who is the

1subject of the petition was born after the filing of a petition under this subsection
2whose subject is a sibling of the child
.
AB521-ASA1, s. 23 3Section 23. 48.415 (10) (b) of the statutes is amended to read:
AB521-ASA1,18,104 48.415 (10) (b) That, within 3 years prior to the date the court adjudged the
5child who is the subject of the petition to be in need of protection or services as
6specified in par. (a) or, in the case of a child born after the filing of a petition as
7specified in par. (a), within 3 years prior to the date of birth of the child
, a court has
8ordered the termination of parental rights with respect to another child of the person
9whose parental rights are sought to be terminated on one or more of the grounds
10specified in this section.
AB521-ASA1, s. 24 11Section 24. 48.42 (1) (a) of the statutes is amended to read:
AB521-ASA1,18,1312 48.42 (1) (a) The name, birth date or anticipated birth date, and address of the
13child.
AB521-ASA1, s. 25 14Section 25 . 48.42 (1g) of the statutes is created to read:
AB521-ASA1,18,2415 48.42 (1g) Affidavit. (a) Except as provided in par. (c), if the petition is filed
16by a person or agency other than the district attorney, corporation counsel, or other
17appropriate official under s. 48.09; if the petition seeks to terminate the parental
18rights of a person who may be the father of a nonmarital child who is under one year
19of age at the time the petition is filed, who is not adopted or whose parents do not
20subsequently intermarry under s. 767.60, and whose paternity has not been
21established; and if the mother of the child has voluntarily consented to or seeks to
22voluntarily consent to the termination of her parental rights to the child, the
23petitioner may file with the petition an affidavit signed by the mother that includes
24all of the following:
AB521-ASA1,19,2
11. A statement that the mother has voluntarily consented to or seeks to
2voluntarily consent to the termination of her parental rights to the child.
AB521-ASA1,19,43 2. A statement acknowledging that the mother has been asked to identify the
4father of the child.
AB521-ASA1,19,65 3. A statement that the mother knows and is identifying the father or that she
6does not know the identity of the father.
AB521-ASA1,19,87 4. A statement identifying any man who has lived in a familial relationship
8with the child and who may be the father of the child.
AB521-ASA1,19,119 5. If the mother states that she knows and is identifying the father under subd.
103. or 4., the father's name, age, and last-known mailing address, and the last-known
11mailing address of the father's employer.
AB521-ASA1,19,1412 6. If the mother states that she does not know the identity of the father, an
13explanation of why she is unable to identify him and a physical description of the
14father.
AB521-ASA1,19,1815 7. A statement that the mother has been informed and understands that if she
16misidentifies the father, she is permanently barred from attacking the termination
17of the father's or her parental rights on the basis that the father was not correctly
18identified.
AB521-ASA1,19,2119 8. A statement that the mother understands that she may be prosecuted under
20s. 946.32 (2) for false swearing if she makes a false statement that she does not
21believe is true in the affidavit under this paragraph.
AB521-ASA1,19,2522 9. A statement that the mother has reviewed and understands the affidavit,
23the name of the person who explained the affidavit and the consequences of signing
24the affidavit to her, and a statement that the mother is signing the affidavit
25voluntarily.
AB521-ASA1,20,9
1(b) The petitioner shall notify any man identified in the affidavit under par. (a)
2as an alleged father of his right to file a declaration of paternal interest under s.
348.025 before the birth of the child, within 14 days after the birth of the child, or
4within 21 days after the date on which the notice is mailed, whichever is later; of the
5birth date or anticipated birth date of the child; and of the consequences of filing or
6not filing a declaration of paternal interest. The petitioner shall include with the
7notice a copy of the form required to file a declaration of paternal interest under s.
848.025. The notice shall be sent by certified mail to the last-known address of the
9alleged father.
AB521-ASA1,20,1110 (c) If an affidavit under par. (a) is not filed with the petition, notice shall be
11given to an alleged father under sub. (2).
AB521-ASA1, s. 26 12Section 26. 48.42 (2) (b) (intro.) of the statutes is amended to read:
AB521-ASA1,20,1513 48.42 (2) (b) (intro.) If Except as provided in par. (bm), if the child is a
14nonmarital child who is not adopted or whose parents do not subsequently
15intermarry under s. 767.60 and whose paternity has not been established:
AB521-ASA1, s. 27 16Section 27. 48.42 (2) (b) 1. of the statutes is amended to read:
AB521-ASA1,20,1917 48.42 (2) (b) 1. A person who has filed a an unrevoked declaration of paternal
18interest under s. 48.025 before the birth of the child or within 14 days after the birth
19of the child
.
AB521-ASA1, s. 28 20Section 28 . 48.42 (2) (bm) of the statutes is created to read:
AB521-ASA1,20,2421 48.42 (2) (bm) If the child is a nonmarital child who is under one year of age
22at the time the petition is filed and who is not adopted or whose parents do not
23subsequently intermarry under s. 767.60 and whose paternity has not been
24established and if an affidavit under sub. (1g) (a) is filed with the petition:
AB521-ASA1,21,3
11. A person who has filed an unrevoked declaration of paternal interest under
2s. 48.025 before the birth of the child, within 14 days after the birth of the child, or
3within 21 days after a notice under sub. (1g) (b) is mailed, whichever is later.
AB521-ASA1,21,54 2. A person who has lived in a familial relationship with the child and who may
5be the father of the child.
AB521-ASA1, s. 29 6Section 29. 48.42 (2m) of the statutes is renumbered 48.42 (2m) (a) and
7amended to read:
AB521-ASA1,21,218 48.42 (2m) (a) Parent as a result of sexual assault. Except as provided in this
9subsection paragraph, notice is not required to be given to a person who may be the
10father of a child conceived as a result of a sexual assault in violation of s. 940.225 (1),
11(2) or (3), 948.02 (1) or (2), or 948.025 if a physician attests to his or her belief that
12a sexual assault as specified in this subsection paragraph has occurred or if the
13person who may be the father of the child has been convicted of sexual assault as
14specified in this subsection paragraph for conduct which may have led to the child's
15conception. A person who under this subsection paragraph is not given notice does
16not have standing to appear and contest a petition for the termination of his parental
17rights, present evidence relevant to the issue of disposition, or make alternative
18dispositional recommendations
. This subsection paragraph does not apply to a
19person who may be the father of a child conceived as a result of a sexual assault in
20violation of s. 948.02 (1) or (2) if that person was under 18 years of age at the time
21of the sexual assault.
AB521-ASA1, s. 30 22Section 30 . 48.42 (2m) (b) of the statutes is created to read:
AB521-ASA1,22,823 48.42 (2m) (b) Parent of nonmarital child. A person who may be the father of
24a nonmarital child who is not adopted or whose parents do not subsequently
25intermarry under s. 767.60 and whose paternity has not been established, by virtue

1of the fact that he has engaged in sexual intercourse with the mother of the child, is
2considered to be on notice that a pregnancy and a termination of parental rights
3proceeding concerning the child may occur, and has the duty to protect his own rights
4and interests. He is therefore entitled to actual notice of such a proceeding only as
5provided in sub. (2) (b) or (bm). A person who is not entitled to notice under sub. (2)
6(b) or (bm) does not have standing to appear and contest a petition for the termination
7of his parental rights, present evidence relevant to the issue of disposition, or make
8alternative dispositional recommendations.
AB521-ASA1, s. 31 9Section 31. 48.42 (3) (a) of the statutes is amended to read:
AB521-ASA1,22,1110 48.42 (3) (a) Contain the name and birth date or anticipated birth date of the
11child, and the nature, location, date and time of the initial hearing.
AB521-ASA1, s. 32 12Section 32. 48.42 (4) (a) of the statutes is amended to read:
AB521-ASA1,22,1813 48.42 (4) (a) Personal service. A Except as provided in this paragraph and par.
14(b), a
copy of the summons and petition shall be served personally upon the parties
15specified in sub. (2), if known, at least 7 days before the date of the hearing, except
16that service
. Service of summons is not required if the party submits to the
17jurisdiction of the court. Service upon parties who are not natural persons and upon
18persons under a disability shall be as prescribed in s. 801.11.
AB521-ASA1, s. 33 19Section 33. 48.42 (4) (b) 1m. of the statutes is created to read:
AB521-ASA1,22,2120 48.42 (4) (b) 1m. If the child's custody was relinquished under s. 48.195, service
21to the parents of the child may be made by publication of the notice under subd. 4.
AB521-ASA1, s. 34 22Section 34. 48.42 (5) of the statutes is created to read:
AB521-ASA1,23,1423 48.42 (5) Penalty. Any person who knowingly and willfully makes or causes
24to be made any false statement or representation of a material fact in the course of
25a proceeding under this section with an intent to deceive or mislead the court for the

1purpose of preventing a person who is entitled to receive notice of a proceeding under
2this section from receiving notice may be fined not more than $10,000 or imprisoned
3for not more than 9 months, or both. It is not a violation of this subsection for a person
4to refuse to make a statement or representation of material fact in the course of a
5proceeding under this section for the purpose of preventing a person who is entitled
6to receive notice of a proceeding under this section from receiving notice if, at the time
7of the refusal, the person stated that he or she feared that making such a statement
8or representation would place the person or another person at risk of domestic abuse,
9as defined in s. 813.12 (1) (am), or abuse, as defined in s. 813.122 (1) (a), and if the
10person proves that he or she refused to make such a statement or representation
11because of a recent overt act, attempt, or threat that caused him or her reasonably
12to believe that refusing to make such a statement or representation was the only
13means of preventing domestic abuse, as defined in s. 813.12 (1) (am), or abuse, as
14defined in s. 813.122 (1) (a), to himself or herself or to another.
AB521-ASA1, s. 35 15Section 35 . 48.422 (6) (a) of the statutes is amended to read:
AB521-ASA1,23,2416 48.422 (6) (a) If the child is In the case of a nonmarital child who is not adopted
17or whose parents do not subsequently intermarry under s. 767.60 and for whom
18paternity has not been established, or for whom a declaration of paternal interest has
19not been filed under s. 48.025 within 14 days after the date of birth of the child or,
20if s. 48.42 (1g) (b) applies, within 21 days after the date on which the notice under
21s. 48.42 (1g) (b) is mailed,
the court shall hear testimony concerning the paternity of
22the child. Based on the testimony, the court shall determine whether all interested
23parties who are known have been notified under s. 48.42 (2). If not, the court shall
24adjourn the hearing and order appropriate notice to be given.
AB521-ASA1, s. 36
1Section 36 . 48.423 of the statutes is renumbered 48.423 (1) and amended to
2read:
AB521-ASA1,24,133 48.423 (1) Rights to paternity determination. If a man who alleges that he
4is the father of the child
person appears at the hearing and wishes to contest the
5termination of his parental rights
claims that he is the father of the child, the court
6shall set a date for a hearing on the issue of paternity or, if all parties agree, the court
7may immediately commence hearing testimony concerning the issue of paternity.
8The court shall inform the man person claiming to be the father of the child of any
9right to counsel under s. 48.23. The man person claiming to be the father of the child
10must prove paternity by clear and convincing evidence. A person who establishes his
11paternity of the child under this section may further participate in the termination
12of parental rights proceeding only if the person meets the conditions specified in sub.
13(2) or meets a condition specified in s. 48.42 (2) or (b) or (bm)
.
AB521-ASA1, s. 37 14Section 37. 48.423 (2) of the statutes is created to read:
AB521-ASA1,24,2115 48.423 (2) Rights of out-of-state fathers. A person who may be the father
16of a nonmarital child who is not adopted or whose parents do not subsequently
17intermarry under s. 767.60 and whose paternity has not been established may
18contest the petition, present evidence relevant to the issue of disposition, and make
19alternative dispositional recommendations if the person appears at the hearing,
20establishes paternity under sub. (1), and proves all of the following by a
21preponderance of the evidence:
AB521-ASA1,24,2322 (a) That the person resides and has resided in another state where the mother
23of the child resided or was located at the time of or after the conception of the child.
AB521-ASA1,24,2524 (b) That the mother left that state without notifying or informing that person
25that she could be located in this state.
AB521-ASA1,25,3
1(c) That the person attempted to locate the mother through every reasonable
2means, but did not know or have reason to know that the mother was residing or
3located in this state.
AB521-ASA1,25,64 (d) That the person has complied with the requirements of the state where the
5mother previously resided or was located to protect and preserve his paternal
6interests in matters affecting the child.
AB521-ASA1, s. 38 7Section 38. 48.43 (6) of the statutes is renumbered 48.43 (6) (a) and amended
8to read:
AB521-ASA1,25,159 48.43 (6) (a) Judgments under this subchapter terminating parental rights are
10final and are appealable under s. 808.03 (1) according to the procedure specified in
11s. 809.107 and are subject to a petition for rehearing or a motion for relief only as
12provided in s. 48.46 (1m) and (2). The attorney representing a person during a
13proceeding under this subchapter shall continue representation of that person by
14filing a notice of intent to appeal under s. 809.107 (2), unless the attorney has been
15previously discharged during the proceeding by the person or by the trial court
.
AB521-ASA1, s. 39 16Section 39 . 48.43 (6) (b) and (c) of the statutes are created to read:
AB521-ASA1,25,1917 48.43 (6) (b) The mother of a child who completes an affidavit under s. 48.42
18(1g) may not collaterally attack a judgment terminating parental rights on the basis
19that the father of the child was not correctly identified.
AB521-ASA1,25,2420 (c) In no event may any person, for any reason, collaterally attack a judgment
21terminating parental rights more than one year after the date on which the time limit
22for filing an appeal from the judgment has expired, or more than one year after the
23date on which all appeals from the judgment, if any were filed, have been decided,
24whichever is later.
AB521-ASA1, s. 40 25Section 40. 48.43 (6m) of the statutes is created to read:
AB521-ASA1,26,7
148.43 (6m) If a person whose parental rights are terminated is present in court
2when the court grants the order terminating those rights, the court shall provide
3written notification to the person of the time limits for appeal of the judgment. The
4person shall sign the written notification, indicating that he or she has been notified
5of the time limits for filing an appeal under ss. 808.04 (7m) and 809.107. The person's
6counsel shall file a copy of the signed, written notification with the court on the date
7on which the judgment is granted.
AB521-ASA1, s. 41 8Section 41 . 48.48 (17) (bm) of the statutes is created to read:
AB521-ASA1,26,159 48.48 (17) (bm) As soon as practicable after learning that a person who is
10receiving child welfare services under par. (a) from the department has changed his
11or her county of residence, the department shall provide notice of that change to the
12county department of the person's new county of residence. The notice shall include
13a brief, written description of the services offered or provided to the person by the
14department and the name, telephone number, and address of a person to contact for
15more information.
AB521-ASA1, s. 42 16Section 42 . 48.57 (2m) of the statutes is created to read:
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