LRBs0155/2
EAW:cdc
2019 - 2020 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO ASSEMBLY BILL 560
December 6, 2019 - Offered by Representative Snyder.
AB560-ASA1,1,3
1An Act to create 48.415 (2) (b) of the statutes;
relating to: termination of
2parental rights if a child has been placed outside the home for 15 of the last 22
3months.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB560-ASA1,1
4Section
1. 48.415 (2) (b) of the statutes is created to read:
AB560-ASA1,1,75
48.415
(2) (b) That all of the following apply, except that if a parent filed the
6petition under s. 48.255 that resulted in the order under subd. 1., that parent's
7parental rights may not be terminated under this paragraph:
AB560-ASA1,1,118
1. That the child has been adjudged to be a child or an unborn child in need of
9protection or services and placed, or continued in a placement, outside his or her
10home pursuant to one or more court orders under s. 48.345, 48.347, 48.357, 48.363,
11or 48.365, containing the notice required by s. 48.356 (2).
AB560-ASA1,2,4
12. That the child has been placed outside his or her home, as described in s.
248.365 (1), for 15 of the most recent 22 months, not including any period during which
3the child was a runaway from the out-of-home placement or was residing in a trial
4reunification home.
AB560-ASA1,2,85
3. That a review panel or court has not, in the 22 months prior to the filing of
6the petition to terminate parental rights, made a finding in a permanency review
7under s. 48.38 (5) or a permanency hearing under s. 48.38 (5m) that the agency failed
8to make reasonable efforts to achieve a permanency goal.
AB560-ASA1,2,139
4. If the child is an Indian child, that continued custody of the Indian child by
10the Indian child's parent or Indian custodian is likely to result in serious emotional
11or physical damage to the Indian child under s. 48.028 (4) (e) 1. and that active efforts
12under s. 48.028 (4) (e) 2. have been made to prevent the breakup of the Indian child's
13family and those efforts have proved unsuccessful.
AB560-ASA1,2,1615
(1)
This act first applies to a court order required to contain the notice under
16s. 48.356 (2) granted on the effective date of this subsection
.
