LRB-2355/1
GMM:mfd:kat
1997 - 1998 LEGISLATURE
April 16, 1997 - Introduced by Senators Darling, Schultz and Rosenzweig,
cosponsored by Representatives
Musser, Gard, Porter, F. Lasee, Skindrud,
Gunderson, Olsen and
Kelso. Referred to Committee on Judiciary,
Campaign Finance Reform and Consumer Affairs.
SB173,1,5
1An Act to renumber 48.415 (2) (a) and 48.415 (2) (c);
to renumber and amend
248.415 (2) (b);
to amend 48.415 (2) (intro.); and
to create 48.415 (2) (am) of the
3statutes;
relating to: termination of parental rights over a child who on 3 or
4more separate occasions has been placed outside of his or her home by an order
5of the juvenile court.
Analysis by the Legislative Reference Bureau
Current law provides that continuing need of protection or services is a ground
for involuntary termination of parental rights. Currently, continuing need of
protection or services may be established by proving that: 1) the child has been found
to be in need of protection or services and placed, or continued in a placement, outside
the child's home by the court assigned to exercise jurisdiction under the children's
code and the juvenile justice code (juvenile court); 2) the agency responsible for the
care of the child and the family has made a diligent effort to provide the services
ordered by the juvenile court; and 3) the child has been outside the home for a
cumulative total period of 6 months or longer, the parent has failed to demonstrate
substantial progress toward meeting the conditions established for the return of the
child to the home and there is a substantial likelihood that the parent will not meet
those conditions within the next 12 months.
This bill creates an alternative method of establishing continuing need of
protection or services. Specifically, the bill provides that continuing need of
protection or services may be established by proving that the child has been found
to be in need of protection or services and on 3 or more separate occasions has been
placed, or continued in a placement, outside the child's home by the juvenile court.
If that showing is made, the further showings required under current law to
establish continuing need of protection or services, that is, that the agency has made
a diligent effort and that the parent has made substantial progress, need not be
made.
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:
SB173, s. 1
1Section
1. 48.415 (2) (intro.) of the statutes is amended to read:
SB173,2,42
48.415
(2) Continuing need of protection or services. (intro.) Continuing
3need of protection or services, which shall be established by proving
all any of the
4following:
SB173, s. 2
5Section
2. 48.415 (2) (a) of the statutes is renumbered 48.415 (2) (a) 1.
SB173, s. 3
6Section
3. 48.415 (2) (am) of the statutes is created to read:
SB173,2,117
48.415
(2) (am) That the child has been adjudged to be in need of protection or
8services and on 3 or more separate occasions has been placed, or continued in a
9placement, outside his or her home pursuant to one or more court orders under s.
1048.345, 48.357, 48.363, 48.365, 938.345, 938.357, 938.363 or 938.365 containing the
11notice required by s. 48.356 (2) or 938.356 (2).
SB173, s. 4
12Section
4. 48.415 (2) (b) of the statutes is renumbered 48.415 (2) (a) 2., and
1348.415 (2) (a) 2. a., as renumbered, is amended to read:
SB173,2,1814
48.415
(2) (a) 2. a. In this
paragraph
subdivision, "diligent effort" means an
15earnest and conscientious effort to take good faith steps to provide the services
16ordered by the court which takes into consideration the characteristics of the parent
17or child, the level of cooperation of the parent and other relevant circumstances of
18the case.
SB173, s. 5
1Section
5. 48.415 (2) (c) of the statutes is renumbered 48.415 (2) (a) 3.
SB173,3,63
(1) This act first applies to a child who is placed, or continued in a placement,
4outside the child's home by an order under section 48.345, 48.357, 48.363, 48.365,
5938.345, 938.357, 938.363 or 938.365 of the statutes entered on the effective date of
6this subsection.
