SB501: Bill Text

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SB501, s. 143 Section 143. 813.122 (1) (a) of the statutes is repealed and recreated to read: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SB501, s. 144 Section 144. 813.122 (1) (e) of the statutes is repealed.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created by this bill, which is incorporated by reference in the definition of "abuse" in s. 813.122 (1) (a), stats., as repealed and recreated by this bill.

SB501, s. 145 Section 145. 813.122 (1) (f) of the statutes is repealed.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

Note: Specifies that no person may file a TPR petition based on the grounds specified in s. 48.415 (2) (c), stats., as affected by this bill, (placement of a child of any age outside the home by a juvenile court order containing the notice required under s. 48.356 (2), stats., of those grounds for 6 months or longer and the parent has failed to demonstrate substantial progress toward meeting the conditions established for the return of the child to the home) unless the parent against whom the TPR petition is filed has received that notice and 6 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), (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 (placement outside the home by a juvenile court order containing the notice required under s. 48.356 (2), stats., for one year or longer and the parent has failed to demonstrate substantial progress toward meeting the conditions established for the return of the child to the home) within one year preceding the effective date of this bill, then no person may file a TPR petition with respect to that child based on the grounds specified in s. 48.42 (2) (c), stats., as affected by this act, until one year, rather than 6 months, has elapsed since the date of the notice. This subsection also specifies that a person is not precluded from filing a petition for TPR over a child who had attained the age of 3 years at the time of the initial order placing the child outside the home based on the grounds of continuing CHIPS 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 one year or longer has elapsed since the date of that notice.

SB501, s. 9137 Section 9137. Nonstatutory provisions; legislature.

SB501,111,11 (1) Child abuse and neglect prevention study. The joint legislative council is requested to study the use and effectiveness of systems and programs directed at, and resources allocated to, the prevention of child abuse and neglect to determine the effectiveness of those systems, programs and resources in preventing child abuse and neglect in this state and the need for new or revised systems and programs and new mechanisms for providing and allocating funding for preventing child abuse and neglect. During the 1997-98 legislative session, the joint legislative council shall submit its findings, conclusions and recommendations to the legislature in the manner provided under section 13.172 (2) of the statutes, to the joint committee on finance and to the governor.

Note: This Section requests the joint legislative council to study all of the following:

1. The use and effectiveness of systems and programs directed at, and resources allocated to, the prevention of child abuse and neglect to determine the effectiveness of those systems, programs and resources in preventing child abuse and neglect in the state.

2. The need for new or revised systems and programs and new mechanisms for providing and allocating funding for preventing child abuse and neglect.

In the charge to the joint legislative council's 1994-95 special committee on children in need of protection or services, the committee was directed to study ch. 48 as it applies to children in need of protection or services in order to examine, in pertinent part: (1) the effectiveness of current law and the resources of the state and counties in providing for the needs of such children and their families; and (2) methods of increasing the stability of funding for community-based, nonresidential programs for such children.

In its study, the committee received substantial testimony that, with reference to breaking the cycle of child abuse or neglect, a key and effective mechanism is to prevent the initial occurrence of child abuse or neglect. After a number of public hearings and a series of discussions in the committee, the committee expressed a consensus that: (1) the state's statutes should be based on a commitment to preventing abuse and neglect and breaking the cycle of child abuse and neglect when it has occurred; and (2) existing programs are too few and are inadequately or inappropriately funded to prevent the initial occurrence of abuse or neglect and to provide early intervention services in those cases where abuse or neglect has occurred. The committee heard testimony about a number of possible mechanisms to provide primary prevention and early intervention, including programs and initiatives (some of which currently exist, on a small scale, in this state) directed at all of the following:

1. Providing support and training (though social workers, nurses and others) for a single parent or family at risk of child abuse or neglect (determined by an assessment instrument) at the time of, or shortly after, a child's birth (or, in some cases, prior to birth) and, as needed, for several years thereafter.

2. Providing for home visitation by social workers, nurses or others in such at-risk families' homes.

3. Possible pooling and coordination of existing state resources focusing on the prevention of child abuse and neglect.

4. Strategies to develop public-private and federal, state and local partnerships to prevent child abuse and neglect.

5. Strategies to implement coordination between state institutions of higher education (with, among other things, their extensive research capacities) and the providers of services relating to child abuse and neglect.

6. Education and public awareness efforts such as media messages explaining the link between child abuse and neglect and delinquency and the need for parents and others to seek help when they are in danger of abusing or neglecting children.

7. Reducing poor parenting skills, isolation from positive community supports and family stress, which have been identified as causes or correlates of child abuse and neglect.

8. Establishing treatment programs for abused and neglected children and young adults to prevent them from becoming delinquents and criminals, and establishing programs for life skills training for children and young adults in general.

9. Increasing child care opportunities and other family-support services for these families.

10. Encouraging self-help groups and other neighborhood supports for these families.

Due to time constraints and the multiplicity of issues the committee had to consider, the committee did not act on the prevention aspects of its charge, even though there was a consensus to do so. The committee, therefore, requested that the joint legislative council establish the child abuse and neglect prevention study set forth in this bill. It is the intent of the committee in requesting this study that the study not focus on the existing statutes and rules relating to child abuse and neglect, but on the actual systems and programs used in this state and the need for new or revised systems and programs and for new or revised funding mechanisms relating to the prevention of child abuse and neglect.

SB501, s. 9310 Section 9310. Initial applicability; circuit courts.

SB501,113,3 (1) Discovery in proceedings under the children's code. The treatment of section 48.293 (4) of the statutes first applies to any proceeding under chapter 48 of the statutes pending or commenced on the effective date of this subsection.

SB501,113,6 (2) Informal dispositions. The treatment of section 48.245 (2) (b) and (2r) of the statutes first applies to informal dispositions entered into on the effective date of this subsection.

Note: This Section specifies that the provisions of this bill permitting the extension of an informal disposition under certain circumstances apply to cases in which the original informal disposition was entered into on or after the effective date of the bill.

SB501,113,10 (3) Fact-finding and jury trials in proceedings under the children's code. The treatment of sections 48.31 (2) and (4) and 756.096 (3) (e) of the statutes first applies to a petition under section 48.25 or 48.42 of the statutes filed on the effective date of this subsection.

SB501,113,15 (4) Disclosure of information to voluntary child abuse or neglect reporters. The treatment of section 48.981 (3) (c) 6m. and (cm) and (7) (a) 1m. of the statutes first applies to reports under section 48.981 of the statutes received by a county department of human services or social services or by a licensed child welfare agency on the effective date of this subsection.

SB501,113,16 (5) Termination of parental rights.

SB501,113,20 (a) The treatment of section 48.415 (1) (a) 1m. and (c), (5) (intro.) and (b) and (6) (a) (intro.), 1. and 2. and (b) 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.

Note: Specifies that the provisions of the bill creating a basis for establishing abandonment as a ground for involuntary TPR by leaving a child in a place that exposes the child to substantial risk of great bodily harm or death, the provisions deleting the opportunity to rebut the presumption of abandonment based on the parent not disassociating himself or herself from the child or relinquishing responsibility for the child's care and well-being but adding that certain of the bases of abandonment are not established if there was good cause for failure to visit or communicate with the child, the provisions relating to child abuse as a ground for involuntary TPR and the provisions regarding failure to assume parental responsibility as a ground for involuntary TPR first apply to TPR petitions filed on the effective date of this bill.

SB501,114,4 (b) Subject to Section 9110 of this act, the treatment of section 48.415 (1) (a) 2. and (2) (c) of the statutes first applies to court orders required to contain the notice under section 48.356 (2) or 938.356 (2) of the statutes entered on the effective date of this paragraph.

Note: Specifies that, subject to Section 9110 this bill, the provisions of this bill relating to the time period that a child must have been placed outside the home under a juvenile court order as part of the grounds for involuntary TPR based on abandonment with failure to visit or communicate or based on continuing need of protection or services first apply to a child placed outside the home under a juvenile court order on the effective date of the bill. See also the Notes to Section 9110.

SB501,114,7 (c) The treatment of section 48.415 (1) (a) 3. of the statutes first applies to petitions for termination of parental rights under section 48.42 (1) of the statutes filed 6 months after the effective date of this paragraph.

Note: Specifies that the provisions of this bill relating to one of the bases for establishing abandonment as a ground for involuntary TPR, that is, a parent leaving a child with a person, other than the child's other parent, and then failing to visit or communicate with the child for 6 months, first apply to TPR petitions filed 6 months after the effective date of the bill.

SB501,114,10 (d) The treatment of sections 48.356 (1) and (2) and 48.415 (4) of the statutes first applies to court orders denying a parent visitation under section 48.345, 48.357, 48.363 or 48.365 of the statutes entered on the effective date of this paragraph.

Note: Specifies that the provisions creating a ground for involuntary TPR based on a denial of visitation by a juvenile court and requiring the juvenile court to provide warnings about any applicable grounds for involuntary TPR and the conditions necessary for the parent to be granted visitation when it enters a CHIPS dispositional order, a change in placement order, a revision of dispositional order or an extension of dispositional order which denies visitation first apply to juvenile court orders entered on the effective date of the bill.

SB501,115,2 (e) 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 precludes consideration of a conviction under section 940.02 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.

Note: Specifies that the addition of a violation of s. 940.02, stats., (first-degree reckless homicide) of the child's other parent to the ground for involuntary TPR based on intentional or reckless homicide of the other parent first applies to TPR petitions filed on the effective date of this bill, but precludes consideration of a conviction for first-degree reckless homicide prior to the effective date of the bill.

SB501,115,12 (f) The treatment of section 48.415 (9m) 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 precludes consideration of a conviction under section 940.01, 940.02, 940.03, 940.05, 940.225 (1) or (2), 948.02 (1) or (2), 948.025, 948.03 (2) (a) or (3) (a), 948.05, 948.06 or 948.08 of the statutes or under section 948.21 of the statutes if death is a consequence or a conviction of a crime under federal law or the law of any other state that is comparable to such crimes 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 (9m) of the statutes, as created by this act.

Note: Specifies that creation of the new ground for involuntary TPR based on commission of a serious felony against one of the person's children first applies to TPR petitions filed on the effective date of this bill, but precludes consideration of a conviction prior to the effective date of the bill.

SB501,115,19 (g) The treatment of section 48.415 (10) 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 prior orders of a court terminating parental rights with respect to a child who is not the subject of the petition in determining whether to terminate, or to find grounds to terminate, the parental rights of a person under section 48.415 (10) of the statutes, as created by this act.

Note: Specifies that creation of the new ground for involuntary TPR based on prior involuntary TPR with respect to another child first applies to TPR petitions filed on the effective date of this bill, but does not preclude consideration of prior involuntary TPR orders with respect to another child entered prior to the effective date of the bill.

SB501,116,3 (h) The treatment of sections 48.42 (3) (d) and (4) (c) 3., 48.46 (2), 808.04 (7m), 809.107 (5) and (6) (e) and (f) of the statutes first applies to judgments or orders entered under section 48.43 of the statutes on the effective date of this paragraph.

Note: Specifies that the provisions of this bill relating to appeals of, or motions for relief from, orders terminating parental rights or denying TPR first apply to cases in which the judgment or order terminating parental rights or denying TPR is entered on the effective date of the bill.

SB501,116,7 (6) Jurisdiction over children in need of protection or services. The treatment of section 48.13 (3), (3m), (4), (9), (11) and (11m) of the statutes first applies to a petition under section 48.255 of the statutes alleging a child to be in need of protection or services that is filed on the effective date of this subsection.

Note: Specifies that the provisions of this bill amending the grounds for CHIPS jurisdiction first apply to CHIPS petitions filed on the effective date of this subsection.

SB501,116,10 (7) Reasonable discipline of a child. The treatment of section 939.45 (5) (b) of the statutes first applies to offenses committed on the effective date of this subsection.

Note: Specifies that the provisions of this bill amending the statute regarding the defense in a criminal prosecution based on the privilege of reasonable discipline of a child by a person responsible for a child's welfare first apply to offenses committed on the effective date of this subsection.

SB501,116,13 (8) Children taken into custody. The treatment of section 48.21 (1) (a) and (b) of the statutes first applies to children taken into custody on the effective date of this subsection.

Note: Applies the provisions lengthening the deadline for the detention hearing and lengthening the deadline by which a petition must be filed for children who are held in custody to children who are taken into custody on or after the effective date of the bill.

SB501, s. 9400 Section 9400. Effective date.

SB501,116,16 (1) This act takes effect on July 1, 1996, or on the day after publication, whichever is later.

SB501,116,17 (End)