Procedures in TPR proceedings
Penalty for false statement in TPR proceeding. Under current law, a
person may be convicted of perjury for orally making a false statement under oath
or affirmation or of false swearing for making or subscribing to a false statement
under oath or affirmation. There is no general penalty, however, for making a false
statement if it is not made under oath or affirmation.
This substitute amendment creates a penalty for making a false statement or
representation of material fact in the course of a TPR proceeding with the intent of
preventing a person who is entitled to receive notice of the TPR proceeding from
receiving notice. Under the substitute amendment, making such a false statement
or representation is punishable by a fine not to exceed $10,000 or imprisonment not
to exceed nine months, or both. The substitute amendment, however, permits a
person to refuse to make a statement or representation of material fact in the course
of a TPR proceeding for the purpose of preventing a person who is entitled to receive
notice of the TPR proceeding from receiving notice if the person fears that making
such a statement or representation would place the person or another person at risk
of domestic abuse and if the refusal is because of a recent overt act, attempt, or threat
that caused him or her reasonably to believe that the refusal was the only means of
preventing that abuse.
Voluntary consent to TPR by telephone or audiovisual means. Under
current law, a parent may give voluntary consent to the termination of his or her
parental rights. If the juvenile court finds that it would be difficult or impossible for
the parent to appear in person at the hearing, the juvenile court may accept the
written consent of the parent given before an embassy or consul official, a military
judge, or a judge of any court of record in another county or state or a foreign
jurisdiction. This substitute amendment permits a parent who is unable to appear
in person at the hearing to provide testimony by telephone or through live
audiovisual means, upon request of the parent, unless good cause is shown.
Notice when child is relinquished as a newborn. Under current law,
subject to certain exceptions, a copy of the summons and petition in a TPR proceeding
must be personally served on the parties to the proceeding. This substitute
amendment permits the parents of a child whose custody was relinquished when he
or she was less than 72 hours old to be served with the summons and petition in a
TPR proceeding by publication in a newspaper instead of by personal service.
Guardian ad litem (GAL) for parent in TPR proceeding. Current law
permits the juvenile court to appoint a GAL in any appropriate matter under the
Children's Code. This substitute amendment requires a juvenile court to appoint a
GAL for a parent who is not competent to participate in a TPR proceeding or to assist
counsel or the juvenile court in protecting the parent's rights in a TPR proceeding.

The substitute amendment also directs a GAL of such a parent, in a proceeding that
involves a child who has been found to be in need of protection or services in which
the parent is contesting the termination of his or her parental rights, to provide
information to the juvenile court relating to the parent's competency to participate
in the proceeding and to provide assistance to the juvenile court and to the parent's
adversary counsel in protecting the parent's rights.
Appeals in TPR proceedings
Time for filing of notice of appeal. Under current law, if a judgment or order
that is being appealed was entered after the notice of appeal was filed, the notice of
appeal is treated as if it were filed after the judgment or order was entered. An
appeal of a TPR judgment, however, is initiated not by the filing of a notice of appeal
but rather by the filing of a notice of intent to appeal. This substitute amendment
provides that if the judgment or order appealed from was entered after the notice of
appeal or the notice of intent to appeal was filed, the notice shall be treated as filed
after the entry and on the day of the entry.
Notification of abandonment of appeal. Under current law, in a TPR
proceeding, a person has 30 days from the date of entry of judgment to file a notice
of intent to appeal. Within 15 days after filing this notice, the person must request
the transcript and juvenile court record. The clerk of circuit court must serve a copy
of the case record on the person filing the notice of intent to appeal within 30 days
after the juvenile court record is requested. Within 30 days after service of the
transcript, the person filing a notice of intent to appeal must file a notice of appeal
and serve a copy of the notice on the required persons. Current law places no
obligation on a person who files a notice of intent to appeal, but who decides not to
file a notice of appeal, to notify the parties that a notice of appeal will not be filed.
This substitute amendment requires a person who decides not to file a notice of
appeal to notify the persons who would have been required to be served with the
notice of appeal that the appeal will not be pursued.
State Public Defender (SPD) indigency determinations in TPR
appeals.
Under current law, subject to certain exceptions, a representative of the
SPD must determine indigency for a person referred to the SPD who is seeking
postdispositional relief in a proceeding under the Children's Code, other than a TPR
proceeding. For these referrals, the SPD representative may rely upon a
determination of indigency made for purposes of trial representation, unless a
request for redetermination of indigency has been filed or the defendant's request for
representation states that his or her financial circumstances have materially
improved. This substitute amendment permits the SPD representative to rely upon
a determination of indigency made for purposes of trial representation for a person
referred to the SPD for an appeal in a TPR proceeding, unless a request for a
redetermination is filed or the person's request for representation states that his or
her financial circumstances have materially improved.
Continuing representation in TPR appeals. Currently, an attorney who
represents a person in a TPR proceeding does not automatically continue to
represent the person during the appeal process. Under this substitute amendment,
an attorney who represents a person in a TPR proceeding continues representation

of that person during the appeal process by filing a notice of intent to appeal, unless
the attorney has been previously discharged during the proceeding by the person or
by the juvenile court.
Written notification of time limits for TPR appeals. Current law does not
require that notice of the time limits within which to appeal a TPR judgment be given
to a person whose parental rights are terminated. This substitute amendment
requires the juvenile court that orders a TPR to provide written notification of the
time limits within which to appeal the TPR order to the person whose parental rights
are terminated if the person is present in juvenile court when the order is granted.
The person must sign the written notification, indicating that he or she has been
notified of those time limits. The person's counsel must file a copy of the signed,
written notification with the juvenile court on the date on which the order is granted.
Enlargement of time for filing notice of appeal. Under current law, the
time for filing a notice of appeal of a final judgment or order in a TPR proceeding may
not be enlarged. This substitute amendment permits the time within which to file
a notice of appeal in a TPR case to be enlarged if the judgment or order was entered
as a result of a petition for an involuntary TPR that was filed by a district attorney,
corporation counsel, or other representative of the public.
Time limit for collateral attack of TPR judgment. Under current law, a
person whose parental rights have been terminated may petition for a rehearing on
the grounds that new evidence has been discovered affecting the advisability of the
juvenile court's adjudication no later than one year after the date on which the TPR
judgment was entered. However, a parent who has consented to the TPR or who did
not contest the TPR petition may move for relief from the judgment no later than 30
days after entry of the TPR judgment.
This substitute amendment prohibits any person, for any reason, from
collaterally attacking a TPR judgment 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.
Adoption of children
Adoption expenses. Under current law, a proposed adoptive parent of a child
may make certain payments to the birth parents of the child, including: 1) payment
for the actual cost of maternity clothes for the child's birth mother, not to exceed a
reasonable amount; 2) living expenses of the child's birth mother, in an amount not
to exceed $1,000, if payment of the expenses by the proposed adoptive parent is
necessary to protect the health and welfare of the birth mother or fetus; and 3) a gift
to the child's birth mother, of no greater than $50 in value. This substitute
amendment places a $300 cap on the amount that a proposed adoptive parent may
pay for the cost of maternity clothes for the birth mother and increases the amount
that a proposed adoptive parent may pay for living expenses for the birth mother
from $1,000 to $5,000 and the amount that a proposed adoptive parent may pay for
a gift to the birth mother from $50 to $100.
Preadoptive placement with out-of-state petitioners. Under current
law, a parent having custody of a child and a proposed adoptive parent of the child

who is not a relative of the child may petition the juvenile court for placement of the
child for adoption in the home of the proposed adoptive parent if the home is licensed
as a foster home or treatment foster home. This substitute amendment permits a
parent having custody of a child and a proposed adoptive parent who resides
out-of-state to petition the juvenile court for the preadoptive placement of the child
in the home of the proposed adoptive parent, if the home meets the criteria
established by the laws of the state of residence for a preadoptive placement of a child
in the home of a nonrelative.
Adoption advertising. Under current law, no person may advertise for the
purpose of finding a child to adopt or advertise that the person will find an adoptive
home for a child or arrange for or assist in the adoption of a child or will place a child
for adoption. This prohibition does not apply to DHFS, a county department of
human services or social services (county department), or a child welfare agency
licensed by DHFS to place children for adoption (collectively "agency"). This
substitute amendment prohibits publishing by a public medium of an adoption
advertisement that violates current law relating to adoption advertising.
Preadoption preparation for first-time adoptive parents. Under
current law, preadoption preparation is not required of a proposed adoptive parent.
This substitute amendment requires a proposed adoptive parent who has not
previously adopted a child to obtain preadoption preparation on issues that may
confront adoptive parents. The preparation may be provided by a licensed child
welfare agency, a licensed private adoption agency, or a state-funded postadoption
resource center. The substitute amendment requires DHFS to promulgate rules on
the number of hours of preadoption preparation that is required, as well as on the
topics to be covered in the training. The proposed adoptive parents must pay for the
training, except that DHFS must pay for the training if the child is placed for
adoption by an agency.
Continuation of dispositional orders. Under current law, if a petition for
TPR is filed or an appeal from a judgment granting or denying TPR is filed during
the year in which a CHIPS dispositional order or an extension order is in effect, the
dispositional or extension order remains in effect until all proceedings relating to the
petition or appeal are concluded. This substitute amendment provides that a
voluntary agreement for the placement of a child, or a guardianship order for a child,
also remain in effect until all proceedings relating to a TPR petition or appeal are
concluded, as is allowed under current law with respect to CHIPS dispositional or
extension orders.
Agency decisions concerning foster homes
Jurisdiction for review of agency decisions. Under current law, the
circuit court for the county where a child is placed in a foster home, treatment foster
home, or group home has jurisdiction upon the petition of any interested party over
the child. The circuit court may call a hearing for the purpose of reviewing any
decision or order of the agency that placed the child that involves the placement and
care of the child. The court must determine the case so as to promote the best
interests of the child. This substitute amendment provides that the circuit court for
the county where the dispositional order placing the child in the foster, treatment

foster, or group home was entered or a voluntary agreement so placing the child was
made has jurisdiction to review an agency decision or order involving the placement
of the child. Under the bill, the petitioner must show by clear and convincing
evidence that the agency's decision or order is not in the best interests of the child.
Appeals of licensing decisions. Under current law, any person aggrieved by
DHFS's refusal or failure to issue, renew, or continue a license has the right to an
administrative hearing and to judicial review of the hearing decision under
procedures provided for contested cases. This substitute amendment specifically
grants the right to judicial review in a contested case involving a DHFS licensing
decision to any party in the contested case.
Persons receiving child welfare services
Change in county of residence of child welfare services clients. Current
law does not require notice to a new county of residence when a person who is
receiving child welfare services moves to another county. This substitute
amendment requires the county department or, in Milwaukee County, DHFS, as
soon as practicable after learning that a person who is receiving child welfare
services has changed his or her county of residence, to provide notice of that change
to the county department of the person's new county of residence. Notice must be
provided to DHFS if the person's new county of residence is Milwaukee County.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB521-ASA1, s. 1 1Section 1 . 46.03 (7) (bm) of the statutes is amended to read:
AB521-ASA1,9,122 46.03 (7) (bm) Maintain a file containing records of artificial inseminations
3under s. 891.40 and records of, declarations of paternal interest under s. 48.025, and
4of statements acknowledging paternity under s. 69.15 (3) (b). The department shall
5may release these those records, declarations, and statements only upon an order of
6the court except that the department may use nonidentifying information
7concerning artificial inseminations for the purpose of compiling statistics and except
8that records relating to
, declarations of paternal interest shall be released as
9provided in s. 48.025 (3) (b) and (c),
and statements acknowledging paternity shall
10be released without a court order to the department of workforce development or a
11county child support agency under s. 59.53 (5) without a court order upon the request
12of the that department of workforce development or a or county child support agency

1under s. 59.53 (5) pursuant to the program responsibilities under s. 49.22 or by to any
2other person with a direct and tangible interest in the record statement.
AB521-ASA1, s. 2 3Section 2 . 48.025 (1) of the statutes is amended to read:
AB521-ASA1,10,94 48.025 (1) Any person claiming to be the father of a nonmarital child who is not
5adopted or whose parents do not subsequently intermarry under s. 767.60 and whose
6paternity has not been established
may, in accordance with procedures under this
7section, file with the department a declaration of his interest in matters affecting
8such the child. The department may not charge a fee for filing a declaration under
9this section.
AB521-ASA1, s. 3 10Section 3 . 48.025 (2) of the statutes is renumbered 48.025 (2) (a) and amended
11to read:
AB521-ASA1,10,1512 48.025 (2) (a) The A declaration provided in under sub. (1) may be filed at any
13time except after before a termination of the father's parental rights under subch.
14VIII. This paragraph does not apply to a declaration that is filed on or after the
15effective date of this paragraph .... [revisor inserts date].
AB521-ASA1,10,22 16(c) The declaration shall be in writing, shall be signed and verified upon oath
17or affirmation
by the person filing the declaration, and shall contain the person's
18name and address, the name and last-known address of the mother, the month and
19year of the birth or expected birth of the child, and a statement that he the person
20filing the declaration
has reason to believe that he may be the father of the child. If
21the person filing the declaration is under 18 years of age, the declaration shall also
22be signed by a parent or guardian of the person.
AB521-ASA1, s. 4 23Section 4 . 48.025 (2) (b) of the statutes is created to read:
AB521-ASA1,11,324 48.025 (2) (b) A declaration under sub. (1) may be filed at any time before the
25birth of the child or within 14 days after the birth of the child, except that a man who

1receives a notice under s. 48.42 (1g) (b) may file a declaration within 21 days after
2the date on which the notice was mailed. This paragraph does not apply to a
3declaration filed before the effective date of this paragraph .... [revisor inserts date].
AB521-ASA1, s. 5 4Section 5 . 48.025 (2) (d) of the statutes is created to read:
AB521-ASA1,11,105 48.025 (2) (d) A person who has filed a declaration under sub. (1) may revoke
6the declaration at any time by filing with the department a statement, signed and
7verified upon oath or affirmation, that the person, to the best of his knowledge and
8belief, is not the father of the child or that another person has been adjudicated as
9the father of the child. If the person filing the revocation is under 18 years of age,
10the revocation shall also be signed by a parent or guardian of the person.
AB521-ASA1, s. 6 11Section 6. 48.025 (3) of the statutes is renumbered 48.025 (3) (b).
AB521-ASA1, s. 7 12Section 7. 48.025 (3) (a) of the statutes is created to read:
AB521-ASA1,11,1613 48.025 (3) (a) The department shall keep confidential and may not open to
14public inspection or disclose the contents of any declaration, revocation of a
15declaration, or response to a declaration filed under this section, except as provided
16under pars. (b) and (c) or by order of the court for good cause shown.
AB521-ASA1, s. 8 17Section 8. 48.025 (3) (c) and (d) of the statutes are created to read:
AB521-ASA1,12,618 48.025 (3) (c) A court in a proceeding under s. 48.13, 48.133, 48.14, or 938.13
19or under a substantially similar law of another state or a person authorized to file
20a petition under s. 48.25, 48.42, 48.837, or 938.25 or under a substantially similar
21law of another state may request the department to search its files to determine
22whether a person who may be the father of the child who is the subject of the
23proceeding has filed a declaration under this section. If the department has on file
24a declaration of paternal interest in matters affecting the child, the department shall
25issue to the requester a copy of the declaration. If the department does not have on

1file a declaration of paternal interest in matters affecting the child, the department
2shall issue to the requester a statement that no declaration could be located. The
3department may require a person who requests a search under this paragraph to pay
4a reasonable fee that is sufficient to defray the costs to the department of
5maintaining its file of declarations and publicizing information relating to
6declarations of paternal interest under this section.
AB521-ASA1,12,117 (d) Any person who obtains any information under this subsection may use or
8disclose that information only for the purposes of a proceeding under s. 48.13, 48.133,
948.14, or 938.13 or under a substantially similar law of another state and may not
10use or disclose that information for any other purpose except by order of the court for
11good cause shown.
AB521-ASA1, s. 9 12Section 9 . 48.025 (5) of the statutes is created to read:
AB521-ASA1,12,1513 48.025 (5) (a) The department shall publicize, in a manner calculated to
14provide maximum notice to all persons who might claim to be the father of a
15nonmarital child, all of the following information:
AB521-ASA1,12,1816 1. That a person claiming to be the father of a nonmarital child may
17affirmatively protect his parental rights by filing a declaration of interest under this
18section.
AB521-ASA1,12,1919 2. The procedures for filing a declaration of interest.
AB521-ASA1,12,2020 3. The consequences of filing a declaration of interest.
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.
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