SB501: Bill Text

SB501,102,6 767.45 (1) (i) A guardian ad litem appointed for the child under s. 48.235 or 767.045 (1) (c).

Note: Adds a GAL for a child appointed under ch. 48 to the list of persons who may bring an action or motion for the purpose of determining the paternity of a child or for the purpose of rebutting a presumption of paternity.

SB501, s. 130 Section 130. 767.45 (5) (c) of the statutes is created to read:

SB501,102,10 767.45 (5) (c) If a matter is referred under s. 48.299 (6) (a) to an attorney designated under sub. (6) (a), that attorney shall also include in the petition notification to the court that the matter was referred under s. 48.299 (6) (a).

Note: Requires a IV-D attorney who receives a required referral from a juvenile court under s. 48.299 (6) (a), stats., as affected by this bill, to notify the family court in a paternity petition that the IV-D attorney received such a required referral, thus providing notice to the family court that s. 767.475 (7m), stats., as created by this bill, applies.

SB501, s. 131 Section 131. 767.45 (6r) of the statutes is created to read:

SB501,102,13 767.45 (6r) (a) The attorney designated under sub. (6) (a) who receives a referral under s. 48.299 (6) (a) shall do all of the following:

SB501,102,17 1. Give priority to matters referred under s. 48.299 (6) (a) or 938.299 (6) (a), including priority in determining whether an action should be brought under this section and, if the determination is that such an action should be brought, priority in bringing the action and in establishing the existence or nonexistence of paternity.

SB501,103,2 2. As soon as possible, but no later than 30 days after the date on which the referral is received, notify the court that referred the matter of one of the following:

SB501,103,4 a. The date on which an action has been brought under this section or the approximate date on which such an action will be brought.

SB501,103,8 b. That a determination has been made that an action should not be brought under this section or, if such a determination has not been made, the approximate date on which a determination will be made as to whether such an action should be brought.

SB501,103,10 c. That the man designated in s. 48.299 (6) (a) has previously been excluded as the father of the child.

SB501,103,13 3. If an action is brought under this section, notify the court that referred the matter as soon as possible of a judgment or order determining the existence or nonexistence of paternity.

SB501,103,17 (b) The attorney designated under sub. (6) (a) who receives a referral under s. 48.299 (7) may bring an action under this section on behalf of the state and may give priority to the referral and notify the referring court in the same manner as is required under par. (a) when a matter is referred under s. 48.299 (6) (a).

Note: 1. Provides that if a matter is referred by the juvenile court under the required referral provision, the IV-D attorney receiving the referral must: (a) give priority to such cases; (b) as soon as possible, but no later than 30 days after the referral, notify the juvenile court of the date a paternity action has been or will be brought in family court, that a determination has been made that such an action should not be brought or, if a determination has not been made as to whether a paternity action should be brought, the approximate date by which the determination will be made or that the man has been excluded as the father of the child; (c) if a paternity action is brought, notify the family court in the paternity proceeding petition that the matter was referred by the juvenile court under the required referral provision; and (d) notify the juvenile court as soon as possible of the family court's decision on the paternity action.

2. Permits a IV-D attorney who receives a permissive referral from a juvenile court under s. 48.299 (7), stats., as created by this bill, to bring a paternity action in family court and notify the juvenile court of the status of the paternity action.

SB501, s. 132 Section 132. 767.47 (1) (cm) of the statutes is created to read:

SB501,104,1 767.47 (1) (cm) Genetic test results under s. 48.299 (6) (e).

Note: Adds the results of genetic tests ordered by a juvenile court under s. 48.299 (6) (e), stats., as created by this bill, to the list of evidences relating to paternity which may be presented in a paternity determination proceeding under ch. 767, stats.

SB501, s. 133 Section 133. 767.47 (10) of the statutes is amended to read:

SB501,104,5 767.47 (10) A record of the testimony of the child's mother relating to the child's paternity, made as provided under s. 48.299 (6) (8), is admissible in evidence on the issue of paternity.

Note: Provides the correct cross-reference to s. 48.299 (8), stats., as created by this bill. See the Note following Section 51 of this bill.

SB501, s. 134 Section 134. 767.475 (7m) of the statutes is created to read:

SB501,104,10 767.475 (7m) The court shall give priority to an action brought under s. 767.45 whenever the petition under s. 767.45 (5) indicates that the matter was referred under s. 48.299 (6) (a) by a court assigned to exercise jurisdiction under chs. 48 and 938.

Note: Requires a family court to give priority to a paternity proceeding if the paternity petition is filed by the IV-D attorney after referral of the matter by a juvenile court under the required referral provision of s. 48.299 (6), stats.

SB501, s. 135 Section 135. 767.53 (1) of the statutes is renumbered 767.53 (1) (intro.) and amended to read:

SB501,104,14 767.53 (1) (intro.) Access to the record of any pending or past proceeding involving the paternity of the same child shall be allowed to the all of the following:

SB501,104,15 (a) The child's parents, the.

SB501,104,17 (b) The parties to that proceeding and their attorneys or their authorized representatives.

SB501, s. 136 Section 136. 767.53 (1) (c) of the statutes is created to read:

SB501,104,20 767.53 (1) (c) If the child is the subject of a proceeding under ch. 48, all of the following:

SB501,105,2 1. The court assigned to exercise jurisdiction under chs. 48 and 938 in which the proceeding is pending.

SB501,105,3 2. The parties to the proceeding under ch. 48 and their attorneys.

SB501,105,5 3. The person under s. 48.09 who represents the interests of the public in the proceeding under ch. 48.

SB501,105,7 4. A guardian ad litem for the child and a guardian ad litem for the child's parent.

SB501,105,8 5. Any governmental or social agency involved in the proceeding under ch. 48.

Note: Under current law, a family court's record of a paternity proceeding under ch. 767, stats., is closed except as provided in s. 767.53 (1) and (2), stats. This Section adds the following to the list of individuals and entities to whom such a record may be disclosed if the child is the subject of a proceeding under ch. 48: (a) the juvenile court in which the ch. 48 proceeding is pending; (b) the parties to the ch. 48 proceeding and their attorneys; (c) the person under s. 48.09, stats., who represents the interests of the public in the ch. 48 proceeding; (d) the child's GAL and the GAL for the child's parent; and (e) any governmental or social agency involved in the ch. 48 proceeding.

SB501, s. 137 Section 137. 808.04 (7m) of the statutes is amended to read:

SB501,105,14 808.04 (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 15 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.

Note: Amends current law by extending the deadline for filing a notice of intent to appeal a TPR judgment or order from 15 days to 30 days.

SB501, s. 138 Section 138 . 808.075 (4) (a) 10. of the statutes is created to read:

SB501,105,16 808.075 (4) (a) 10. Revision of guardianship order under s. 48.977 (6).

SB501, s. 139 Section 139 . 808.075 (4) (a) 11. of the statutes is created to read:

SB501,105,19 808.075 (4) (a) 11. Termination of guardianship under s. 48.977 (7), including removal of a guardian.

Note: Under current s. 808.075 (4) (a) 1. to 9., stats., a juvenile court may do any of the following during the pendency of an appeal:

1. Review an action by a guardian under s. 48.023, stats.

2. Review a nonsecure custody order under s. 48.207, stats.

3. Review a secure detention order under s. 48.208, stats., and conduct a secure detention status review under s. 48.209 (1) (e), stats.

4. Hold a hearing for a child held in custody under s. 48.21, stats.

5. Hold a hearing upon involuntary removal under s. 48.305, stats.

6. Revise a dispositional order under s. 48.363, stats.

7. Extend a dispositional order under s. 48.365, stats., unless s. 48.368, stats., applies.

8. Review a permanency plan under s. 48.38 (5), stats.

9. Release confidential information under s. 48.396 or 48.78, stats.

These 2 sections add revision of a guardianship order under s. 48.977 (6), stats., as created by this bill, and termination of a guardianship under s. 48.977 (7), stats., as created by this bill, to the list of acts which a juvenile court may perform despite the pendency of an appeal.

SB501, s. 140 Section 140. 809.107 (5) of the statutes is amended to read:

SB501,106,8 809.107 (5) Notice of appeal; transmittal of record. Within 15 30 days after service of the transcript, the person filing a notice of intent to appeal under sub. (2) shall file a notice of appeal and docketing statement as provided in s. 809.10 (1) (a) and serve a copy of the notice on the persons required to be served under sub. (2). The clerk of the trial court shall transmit the record to the court of appeals as soon as the record is prepared but in no event more than 15 days after the filing of the notice of appeal.

Note: Amends current law by extending the deadline for filing the official notice of appeal of a TPR judgment or order and the docketing statement from 15 days to 30 days after the date of service of the transcript by the court reporter.

SB501, s. 141 Section 141. 809.107 (6) (e) of the statutes is amended to read:

SB501,106,13 809.107 (6) (e) Cases appealed under this section shall be given preference and shall be taken in an order that ensures that a decision is issued within 45 30 days after the filing of the record on appeal with the court of appeals appellant's reply brief or statement that a reply brief will not be filed.

Note: Provides that a court of appeals must decide a TPR appeal within 30 days after the filing of the appellant's reply brief or the appellant's statement that a reply brief will not be filed, rather than 45 days after the filing of the record on appeal.

SB501, s. 142 Section 142. 809.107 (6) (f) of the statutes is amended to read:

SB501,107,5 809.107 (6) (f) A petition for review of an appeal in the supreme court, if any, shall be filed within 15 30 days after the date of the decision of the court of appeals. The supreme court shall give preference to a petition for review of an appeal filed under this paragraph.

Note: Provides that a petition for the supreme court to review an appeal of a TPR case must be filed within 30 days after the date of the decision of the court of appeals, rather than 15 days.

SB501, s. 143 Section 143. 813.122 (1) (a) of the statutes is repealed and recreated to read:

SB501,107,8 813.122 (1) (a) "Abuse" has the meaning given in s. 48.02 (1) and, in addition, includes a threat to engage in any conduct under s. 48.02 (1).

Note: Deletes the definition of "abuse" in the child abuse restraining order and injunction statute and substitutes the definition of "abuse" in s. 48.02 (1), stats., as created by this bill, plus the threat to engage in any conduct that is defined as "abuse" in s. 48.02 (1), stats.

SB501, s. 144 Section 144. 813.122 (1) (e) of the statutes is repealed.

Note: Repeals the definition of "emotional damage" in the child abuse restraining order and injunction statute. "Emotional damage" as defined in s. 48.02 (5j), stats., as created by this bill, is incorporated in the definition of "abuse" in s. 48.02 (1), stats., as created by this bill, which is incorporated by reference in the definition of "abuse" in s. 813.122 (1) (a), stats., as repealed and recreated by this bill.

SB501, s. 145 Section 145. 813.122 (1) (f) of the statutes is repealed.

Note: Repeals the definition of "physical injury" in the child abuse restraining order and injunction statute. "Physical injury" as defined in s. 48.02 (14m), stats., as created by this bill, is incorporated in the definition of "abuse" in s. 48.02 (1), stats., as created by this bill, which is incorporated by reference in the definition of "abuse" in s. 813.122 (1) (a), stats., as repealed and recreated by this bill.

SB501, s. 146 Section 146. 813.122 (8) of the statutes is repealed.

Note: Repeals the provision in the child abuse restraining order and injunction statute which specifies that, in cases involving an allegation of emotional damage, the court may admit evidence of a substantial and observable change in behavior, emotional response or cognition that is not within the normal range for a child's age and stage of development. Provision for this evidence is included in the definition of "emotional damage" which is incorporated in the definition of "abuse" in s. 48.02 (1), stats., as created by this bill, which is incorporated by reference in the definition of "abuse" in s. 813.122 (1) (a), stats., as repealed and recreated by this bill.

SB501, s. 147 Section 147. 905.04 (4) (e) 1. a. of the statutes is amended to read:

SB501,108,1 905.04 (4) (e) 1. a. "Abuse" has the meaning given in s. 48.981 48.02 (1) (a).

Note: With respect to the provision that specifies that there is no physician-patient, registered nurse-patient, chiropractor-patient, psychologist-patient, social worker-patient, marriage and family therapist-patient or professional counselor-patient privilege in certain cases of abuse or neglect, the amendment reflects the renumbering resulting from deleting the definition of "abuse" in s. 48.981 (1) (a), stats., and creating a definition of "abuse" in s. 48.02 (1), stats., as created by this bill.

SB501, s. 148 Section 148. 939.45 (5) (b) of the statutes is amended to read:

SB501,108,9 939.45 (5) (b) When the actor's conduct is reasonable discipline of a child by a person responsible for the child's welfare. Reasonable discipline may involve only such force as a reasonable person believes is necessary. It is never reasonable discipline to use force which is intended to cause lacerations, fractured bones, burns, internal injuries, severe or frequent bruising, great bodily harm or death or creates an unreasonable risk of lacerations, fractured bones, burns, internal injuries, severe or frequent bruising, great bodily harm or death.

Note: With respect to the privilege that can be used as a defense to the prosecution of any crime that the actor's conduct is reasonable discipline of a child by a person responsible for a child's welfare [as defined in s. 939.45 (5) (a) 3., stats.], provides that it is never reasonable discipline to use force which is intended to cause lacerations, fractured bones, burns, internal injuries, severe or frequent bruising, great bodily harm [which is defined in s. 939.22 (14), stats.] or death or creates an unreasonable risk of such injuries or death, rather than providing that it is never reasonable discipline to use force which is intended to cause great bodily harm or death or creates an unreasonable risk of great bodily harm or death.

SB501, s. 9110 Section 9110. Nonstatutory provisions; circuit courts.

SB501,108,11 (1) Abandonment.

SB501,109,2 (a) Subject to paragraph (b), no person may file a petition under section 48.42 (1) of the statutes for termination of parental rights on the grounds specified in section 48.415 (1) (a) 2. of the statutes, as affected by this act, unless the parent against whom the petition is filed has received the notice under section 48.356 (2) or 938.356 (2) of the statutes of the grounds for termination of parental rights under section 48.415 (1) (a) 2. of the statutes, as affected by this act, and 3 months or longer have elapsed since the date of that notice.

SB501,109,9 (b) Notwithstanding paragraph (a), if a parent has received the notice under section 48.356 (2) or 938.356 (2) of the statutes of the grounds for termination of parental rights under section 48.415 (1) (a) 2., 1993 stats., within the 6 months preceding the effective date of this paragraph, no person may file a petition under section 48.42 (1) of the statutes for termination of parental rights on the grounds specified in section 48.415 (1) (a) 2., of the statutes, as affected by this act, until 6 months or longer have elapsed since the date of that notice.

SB501,109,15 (c) This subsection does not preclude a person from filing a petition under section 48.42 (1) of the statutes for termination of parental rights on the grounds specified in section 48.415 (1) (a) 2., 1993 stats., against a parent who has received the notice under section 48.356 (2) or 938.356 (2) of the statutes of the grounds for termination of parental rights under section 48.415 (1) (a) 2., 1993 stats., if 6 months or longer have elapsed since the date of that notice.

Note: Specifies that no person may file a TPR petition based on the grounds specified in s. 48.415 (1) (a) 2., stats., as affected by this bill, (placement of the child outside the home by a juvenile court order containing the notice required under s. 48.356 (2) or 938.356 (2), stats., of those grounds and the parent has failed to visit or communicate with the child for 3 months or longer) unless the parent against whom the TPR petition is filed has received that notice and 3 months or longer have elapsed since the date of the notice, except that if the parent has received notice of the grounds specified in s. 48.415 (1) (a) 2., 1993 stats., (placement of the child outside the home by a juvenile court order containing the notice required under s. 48.356 (2) or 938.356 (2), stats., and the parent has failed to visit or communicate with the child for 6 months or longer) within the 6 months preceding the effective date of this bill, then no person may file a TPR petition based on the grounds specified in s. 48.42 (1) (a) 2., stats., as affected by this bill, until 6 months, rather than 3 months, have elapsed since the date of the notice. This subsection also specifies that a person is not precluded from filing a TPR petition based on the grounds of abandonment under prior law if the parent against whom the TPR petition is filed has received notice of the grounds for TPR under prior law and 6 months or longer have elapsed since the date of that notice.

SB501,109,16 (2) Continuing need of protection or services.

SB501,110,7 (a) Subject to paragraph (b) may file a petition under section 48.42 (1) of the statutes for termination of parental rights on the grounds specified in section 48.415 (2) (c) of the statutes, as affected by this act, unless the parent against whom the petition is filed has received the notice under section 48.356 (2) or 938.356 (2) of the statutes of the grounds for termination of parental rights under section 48.415 (2) (c) of the statutes, as affected by this act, and 6 months or longer have elapsed since the date of that notice.

SB501,110,16 (b) Notwithstanding paragraph (a), if a parent has received the notice under section 48.356 (2) or 938.356 (2) of the statutes of the grounds for termination of parental rights under section 48.415 (2) (c), 1993 stats., with respect to a child who had attained the age of 3 years at the time of the initial order placing the child outside the home within one year preceding the effective date of this paragraph, no person may file a petition under section 48.42 (1) of the statutes for termination of parental rights over the child on the grounds specified in section 48.415 (2) (c) of the statutes, as affected by this act, until one year or longer has elapsed since the date of that notice.

SB501,110,23 (c) This subsection does not preclude a person from filing a petition under section 48.42 (1) of the statutes for termination of parental rights over a child who had attained the age of 3 years at the time of the initial order placing the child outside the home on the grounds specified in section 48.415 (2) (c), 1993 stats., against a parent who has received the notice under section 48.356 (2) or 938.356 (2) of the statutes of the grounds for termination of parental rights under section 48.415 (2) (c), 1993 stats., if one year or longer has elapsed since the date of that notice.