SB229: Bill Text

Under current law, a petition initiating proceedings under the children's code, such as a delinquency petition, a CHIPS petition or a TPR petition, must contain certain information such as the name, age and address of the child, the names and addresses of the child's parents, guardian and legal custodian and the grounds for the petition. This bill requires a petition initiating proceedings under the children's code to state whether the child may be subject to the federal Indian child welfare act, which supersedes the children's code when an Indian child is involved.

Under current law, for the state to receive federal foster care and adoption assistance funding under Title IV-E of the federal social security act for the care of a child who is placed out of his or her home by an order of the juvenile court, the juvenile court order must contain the following findings:

1. That reasonable efforts have been made to prevent the removal of the child from his or her home or, if applicable, to make it possible for the child to return to his or her home.

2. That the continuation of the child in the home of the parent is contrary to the welfare of the child.

This bill requires TPR orders, whether voluntary or involuntary, to contain those findings.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB229, s. 1 Section 1. 48.235 (4) (a) 3. of the statutes is amended to read:

SB229,4,3 48.235 (4) (a) 3. Petition Subject to par. (c), petition for termination of parental rights or any other matter specified under s. 48.14.

SB229, s. 2 Section 2. 48.235 (4) (c) of the statutes is created to read:

SB229,4,10 48.235 (4) (c) The guardian ad litem for a child who has been found to be in need of protection or services shall petition for termination of parental rights over the child if it appears to the guardian ad litem that grounds exist for the termination of parental rights and that termination of parental rights would be in the best interests of the child and if no other person who is authorized to petition for termination of parental rights over the child does so.

SB229, s. 3 Section 3. 48.255 (1) (cm) of the statutes is created to read:

SB229,4,13 48.255 (1) (cm) Whether the child may be subject to the federal Indian child welfare act, 25 USC 1911 to 1963.

SB229, s. 4 Section 4. 48.255 (2) of the statutes is amended to read:

SB229,4,16 48.255 (2) If any of the facts in sub. (1) (a), (b) or (c) to (cm) are not known or cannot be ascertained by the petitioner, the petition shall so state.

SB229, s. 5 Section 5. 48.415 (1) (a) 2. of the statutes is amended to read:

SB229,4,21 48.415 (1) (a) 2. The child has been placed, or continued in a placement, outside the parent's home by a court order containing the notice required by s. 48.356 (2) and the parent has failed to visit or communicate with the child for a period of 6 3 months or longer; or

SB229, s. 6 Section 6. 48.415 (1) (a) 3. of the statutes is amended to read:

SB229,5,2 48.415 (1) (a) 3. The child has been left by the parent with a relative or other person, the parent knows or could discover the whereabouts of the child and the parent has failed to visit or communicate with the child for a period of one year 6 months or longer.

SB229, s. 7 Section 7. 48.415 (1) (b) of the statutes is amended to read:

SB229,5,8 48.415 (1) (b) Incidental or occasional contact between parent and child shall not preclude the court from finding that the parent has failed to visit or communicate with the child under par. (a) 2. or 3. The time periods under par. (a) 2. or 3. shall not include any periods during which the parent has been prohibited by judicial order from visiting or communicating with the child.

SB229, s. 8 Section 8. 48.415 (1) (c) of the statutes is amended to read:

SB229,5,13 48.415 (1) (c) A showing under par. (a) that abandonment has occurred may be rebutted by other evidence that the parent has not disassociated himself or herself from the child or relinquished made a voluntary effort to fulfill his or her responsibility for the child's care and well-being.

SB229, s. 9 Section 9. 48.415 (2m) of the statutes is created to read:

SB229,5,16 48.415 (2m) Continuing alcohol or other drug abuse. Continuing alcohol or other drug abuse may be established by a showing of all of the following:

SB229,5,22 (a) That the child has been adjudged to be in need of protection or services and placed, or continued in a placement, outside his or her home pursuant to one or more court orders under s. 48.345, 48.357, 48.363 or 48.365 containing the notice required by s. 48.356 (2) and the parent's abuse of alcohol or other drugs contributed to the court's decision to place the child, or continue the child's placement, outside his or her home.

SB229,6,2 (b) That a condition for the return of the child to the home is the parent's participation in alcohol or other drug abuse treatment and the agency responsible for the care of the child and the family has made a diligent effort to provide that treatment.

SB229,6,5 (c) That the child has been outside the home for a cumulative total period of 6 months or longer under those orders and the parent has failed to participate actively and voluntarily in that treatment and continues to abuse alcohol or other drugs.

SB229, s. 10 Section 10. 48.415 (5) (intro.) of the statutes is amended to read:

SB229,6,10 48.415 (5) Child abuse. (intro.) Child abuse may be established by a showing that the parent has exhibited a pattern of abusive behavior which is a substantial threat to the health of the child who is the subject of the petition and a showing of either of any of the following:

SB229, s. 11 Section 11. 48.415 (6) (a) (intro.) and 1. of the statutes are consolidated, renumbered 48.415 (6) (b) and amended to read:

SB229,6,20 48.415 (6) (b) Failure to assume parental responsibility may be established by a showing that a child is a nonmarital child who has not been adopted or whose parents have not subsequently intermarried under s. 767.60, that paternity was not adjudicated before the filing of the petition for termination of parental rights and: 1. The person or persons who may be the father of the child have been given notice under s. 48.42 but have failed to appear or otherwise submit to the jurisdiction of the court and that such person or persons have the parent or a person who may be the parent has never had a substantial parental relationship with the child; or.

SB229, s. 12 Section 12. 48.415 (6) (a) 2. of the statutes is repealed.

SB229, s. 13 Section 13. 48.415 (6) (b) of the statutes is renumbered 48.615 (6) (a) and amended to read:

SB229,7,3 48.615 (6) (a) In this subsection, "substantial parental relationship" means the acceptance and exercise of significant responsibility for the daily supervision, education, protection and care of the child.

SB229,7,12 (c) In evaluating whether the person has had a substantial parental relationship with the child, the court may consider such factors, including, but not limited to, whether the person has ever expressed concern for or interest in the support, care or well-being of the child or the mother during her pregnancy and whether the person has neglected or refused to provide care or support. If the person is or may be the father of the child, the court may also consider, in evaluating whether the person has had a substantial parental relationship with the child, whether the person has ever expressed concern for or interest in the support, care or well-being of the mother during her pregnancy.

SB229, s. 14 Section 14. 48.415 (8) of the statutes is amended to read:

SB229,7,19 48.415 (8) (title) Intentional homicide of parent or sibling. Intentional homicide of a parent or sibling may be established by a showing that a parent or sibling of the child has been a victim of first-degree intentional homicide in violation of s. 940.01 or of 2nd-degree intentional homicide in violation of s. 940.05 and that the person whose parental rights are sought to be terminated has been convicted of that intentional homicide.

SB229, s. 15 Section 15. 48.42 (1) (intro.) of the statutes is amended to read:

SB229,7,25 48.42 (1) Petition. (intro.) A proceeding for the termination of parental rights shall be initiated by petition which may be filed by the child's parent, an agency or a person authorized to file a petition under s. 48.235 (4) (a) 3., 48.25 or 48.835. The petition shall be entitled "In the interest of .......... (child's name), a person under the age of 18" and shall set forth with specificity:

SB229, s. 16 Section 16. 48.42 (1) (d) of the statutes is created to read:

SB229,8,3 48.42 (1) (d) A statement of whether the child may be subject to the federal Indian child welfare act, 25 USC 1911 to 1963.

SB229, s. 17 Section 17. 48.43 (1) (d) of the statutes is created to read:

SB229,8,10 48.43 (1) (d) The court's finding as to whether a county department which provides social services or the agency primarily responsible for the provision of services has made reasonable efforts to prevent the removal of the child from the home or, if applicable, that the agency primarily responsible for the provision of services has made reasonable efforts to make it possible for the child to return to his or her home.

SB229, s. 18 Section 18. 48.43 (1) (e) of the statutes is created to read:

SB229,8,13 48.43 (1) (e) The court's finding that the continuation of the child in the home of the parent is contrary to the welfare of the child.

SB229, s. 19 Section 19. Initial applicability; circuit courts.

SB229,8,15 (1)  Termination of parental rights.

SB229,8,19 (a)  Abandonment. The treatment of section 48.415 (1) (a) 2. and 3., (b) and (c) of the statutes first applies to a child who is placed, or continued in a placement, outside of his or her parent's home, or who is left by the parent with a relative or other person, on the effective date of this paragraph.

SB229,8,23 (b)  Termination of parental rights on grounds of continuing alcohol or other drug abuse. The treatment of section 48.415 (2m) of the statutes first applies to court orders under sections 48.345, 48.357, 48.363 and 48.365 of the statutes entered on the effective date of this paragraph.

SB229,9,2 (c)  Termination of parental rights on grounds of child abuse and failure to assume parental responsibility. The treatment of section 48.415 (5) (intro.) and (6) (a) (intro.), 1. and 2., and (b) of the statutes first applies to termination of parental rights petitions filed on the effective date of this paragraph.

SB229,9,9 (d)  Intentional homicide of sibling. The treatment of section 48.415 (8) of the statutes first applies to petitions for termination of parental rights under section 48.42 (1) of the statutes filed on the effective date of this paragraph, but does not preclude consideration of a conviction under section 940.01 or 940.05 of the statutes obtained before the effective date of this paragraph in determining whether to terminate, or to find grounds to terminate, the parental rights of a person under section 48.415 (8) of the statutes, as affected by this act.

SB229,9,12 (e)  Dispositional orders. The treatment of section 48.43 (1) (d) and (e) of the statutes first applies to termination of parental rights petitions filed on the effective date of this paragraph.

SB229,9,13 (End)