AB521: Bill Text

Note: Provides that DHFS may not charge a fee for filing a declaration of paternal interest.

AB521, s. 3 Section 3 . 48.025 (2) of the statutes is renumbered 48.025 (2) (a) and amended to read:

AB521,12,18 48.025 (2) (a) The A declaration provided in under sub. (1) may be filed at any time except after before a termination of the father's parental rights under subch. VIII. This paragraph does not apply to a declaration that is filed on or after the effective date of this paragraph .... [revisor inserts date].

AB521,13,5 (c) The declaration shall be in writing, shall be signed and verified upon oath or affirmation by the person filing the declaration, and shall contain the person's name and address, the name and last-known address of the mother, the month and year of the birth or expected birth of the child, and a statement that he the person filing the declaration has reason to believe that he may be the father of the child. If the person filing the declaration is under 18 years of age, the declaration shall also be signed by a parent or guardian of the person.

Note: Requires that a declaration of paternal interest be signed and verified upon oath or affirmation. If the person filing the declaration is a minor, the declaration must also be signed by the person's parent or guardian.

AB521, s. 4 Section 4 . 48.025 (2) (b) of the statutes is created to read:

AB521,13,11 48.025 (2) (b) A declaration under sub. (1) may be filed at any time before the birth of the child or within 14 days after the birth of the child, except that a man who receives a notice under s. 48.42 (1g) (b) may file a declaration within 21 days after the date on which the notice was mailed. This paragraph does not apply to a declaration filed before the effective date of this paragraph .... [revisor inserts date].

Note: Provides that a declaration of paternal interest may be filed at any time before the birth of the child or within 14 days after the birth, unless the man receives a notice as provided in s. 48.42 (1g) (b), stats., as created by the bill. In that case, the man may file a declaration within 21 days after the mailing date after the notice.

AB521, s. 5 Section 5 . 48.025 (2) (d) of the statutes is created to read:

AB521,13,18 48.025 (2) (d) A person who has filed a declaration under sub. (1) may revoke the declaration at any time by filing with the department a statement, signed and verified upon oath or affirmation, that the person, to the best of his knowledge and belief, is not the father of the child or that another person has been adjudicated as the father of the child. If the person filing the revocation is under 18 years of age, the revocation shall also be signed by a parent or guardian of the person.

Note: Permits a person who has filed a declaration of paternal interest to revoke the declaration. If the person filing the revocation is a minor, the revocation must also be signed by the person's parent or guardian.

AB521, s. 6 Section 6. 48.025 (3) of the statutes is renumbered 48.025 (3) (b).

AB521, s. 7 Section 7. 48.025 (3) (a) of the statutes is created to read:

AB521,14,5 48.025 (3) (a) The department shall keep confidential and may not open to public inspection or disclose the contents of any declaration, revocation of a declaration, or response to a declaration filed under this section, except as provided under pars. (b) and (c) or by order of the court for good cause shown.

AB521, s. 8 Section 8. 48.025 (3) (c) and (d) of the statutes are created to read:

AB521,14,20 48.025 (3) (c) A court in a proceeding under s. 48.13, 48.133, 48.14, or 938.13 or under a substantially similar law of another state or a person authorized to file a petition under s. 48.42, 48.837, or 938.25 or under a substantially similar law of another state may request the department to search its files to determine whether a person who may be the father of the child who is the subject of the proceeding has filed a declaration under this section. If the department has on file a declaration of paternal interest in matters affecting the child, the department shall issue to the requester a copy of the declaration. If the department does not have on file a declaration of paternal interest in matters affecting the child, the department shall issue to the requester a statement that no declaration could be located. The department may require a person who requests a search under this paragraph to pay a reasonable fee that is sufficient to defray the costs to the department of maintaining its file of declarations and publicizing information relating to declarations of paternal interest under this section.

AB521,14,25 (d) Any person who obtains any information under this subsection may use or disclose that information only for the purposes of a proceeding under s. 48.13, 48.133, 48.14, or 938.13 or under a substantially similar law of another state and may not use or disclose that information for any other purpose except by order of the court for good cause shown.

Note: Requires DHFS to keep declarations of paternal interest confidential, except that DHFS must, on the request of a juvenile court in a CHIPS, a juvenile in need of protection or services (JIPS), a TPR, or an adoption proceeding or of a person authorized to file a CHIPS, JIPS, TPR, or adoption petition, search its files to determine whether a person who may be the father of the child who is the subject of the proceeding has filed a declaration. If DHFS has a declaration on file, it must issue to the requester a copy of the declaration. If DHFS does not have a declaration on file, it must issue to the requester a statement that no declaration could be located. A TPR petitioner then must file with the juvenile court, prior to the plea hearing, the copy of the declaration or the statement that no declaration could be located.

AB521, s. 9 Section 9 . 48.025 (5) of the statutes is created to read:

AB521,15,4 48.025 (5) (a) The department shall publicize, in a manner calculated to provide maximum notice to all persons who might claim to be the father of a nonmarital child, all of the following information:

AB521,15,7 1. That a person claiming to be the father of a nonmarital child may affirmatively protect his parental rights by filing a declaration of interest under this section.

AB521,15,8 2. The procedures for filing a declaration of interest.

AB521,15,9 3. The consequences of filing a declaration of interest.

AB521,15,10 4. The consequences of not filing a declaration of interest.

AB521,15,14 (b) The department may publicize the information under par. (a) by posting the information on the Internet, by creating a pamphlet for use by schools and health care providers, and by requiring agencies that provide services under contract with the department to provide the information to clients.

Note: Requires DHFS to publicize information about declarations of paternal interest. Specifically, DHFS must publicize that a person who may be the father of a child may affirmatively protect his parental rights by filing a declaration, the procedures for and consequences of filing a declaration, and the consequences of not filing a declaration.

DHFS may publicize this information on the Internet, through a pamphlet, and by requiring agencies that provide services under contract with DHFS to provide the information to clients.

AB521, s. 10 Section 10 . 48.025 (6) of the statutes is created to read:

AB521,16,4 48.025 (6) (a) Any person who makes a false statement in a declaration, revocation of a declaration, or response to a declaration filed under this section that the person does not believe is true is subject to prosecution for false swearing under s. 946.32 (2).

AB521,16,7 (b) Except as permitted under sub. (3), any person who intentionally obtains, uses, or discloses information that is confidential under this section may be fined not more than $1,000 or imprisoned for not more than 90 days or both.

Note: Provides that a person who makes a false statement in a declaration, revocation of a declaration, or response to a declaration that the person does not believe is true is subject to prosecution for false swearing. False swearing is a Class A misdemeanor punishable by a fine not to exceed $10,000 or imprisonment not to exceed 9 months, or both.

Also, a person who intentionally obtains, uses, or discloses information relating to a declaration that is confidential may be fined up to $1,000 or imprisoned for up to 90 days or both.

AB521, s. 11 Section 11. 48.235 (1) (g) of the statutes is created to read:

AB521,16,13 48.235 (1) (g) The court shall appoint a guardian ad litem for a parent who is the subject of a termination of parental rights proceeding, if any assessment or examination of a parent that is ordered under s. 48.295 (1) shows that the parent is not competent to participate in the proceeding or to assist his or her counsel or the court in protecting the parent's rights in the proceeding.

Note: Requires a juvenile court, in a TPR proceeding, to appoint a GAL for a parent who is the subject of such a proceeding if any assessment or examination of the parent shows that the parent is not competent to participate in the proceeding or to assist his or her counsel or the juvenile court in protecting the parent's rights in the proceeding.

AB521, s. 12 Section 12. 48.235 (5m) of the statutes is created to read:

AB521,17,3 48.235 (5m) Matters involving contested termination of parental rights proceedings. (a) In any termination of parental rights proceeding involving a child who has been found to be in need of protection or services and whose parent is contesting the termination of his or her parental rights, a guardian ad litem for a parent who has been appointed under sub. (1) (g) shall provide information to the court relating to the parent's competency to participate in the proceeding, and shall also provide assistance to the court and the parent's adversary counsel in protecting the parent's rights in the proceeding.

AB521,17,7 (b) The guardian ad litem may not participate in the proceeding as a party, and may not call witnesses, provide opening statements or closing arguments, or participate in any activity at trial that is required to be performed by the parent's adversary counsel.

Note: Requires the GAL for a parent to provide information to the juvenile court relating to the parent's competency to participate in a contested TPR proceeding, and to also provide assistance to the juvenile court and to the parent's adversary counsel in protecting the parent's rights in the proceeding. This provision also specifies that the GAL may not participate in the proceeding as a party, and may not call witnesses, provide opening statements or closing arguments, or participate in any activity at trial that is required to be performed by the parent's adversary counsel.

AB521, s. 13 Section 13 . 48.27 (3) (b) 1. a. of the statutes is amended to read:

AB521,17,10 48.27 (3) (b) 1. a. A person who has filed a declaration of paternal interest under s. 48.025.

AB521, s. 14 Section 14 . 48.27 (5) of the statutes is amended to read:

AB521,17,17 48.27 (5) Subject to sub. (3) (b), the court shall make every reasonable effort to identify and notify any person who has filed a declaration of paternal interest under s. 48.025, any person who has acknowledged paternity of the child under s. 767.62 (1), and any person who has been adjudged to be the biological father of the child in a judicial proceeding unless the biological father's person's parental rights have been terminated.

Note: Under current law, the juvenile court must make every reasonable effort to identify any person who has filed a declaration of paternal interest and any person who has been adjudged to be the father of the child, if his parental rights have not been terminated, of a CHIPS proceeding.

This Section also requires the juvenile court to make every reasonable effort to identify and notify a person who has acknowledged paternity of the child.

AB521, s. 15 Section 15. 48.295 (1) of the statutes is amended to read:

AB521,18,24 48.295 (1) After the filing of a petition and upon a finding by the court that reasonable cause exists to warrant an a physical, psychological, mental, or developmental examination or an alcohol and other drug abuse assessment that conforms to the criteria specified under s. 48.547 (4), the court may order any child coming within its jurisdiction to be examined as an outpatient by personnel in an approved treatment facility for alcohol and other drug abuse, by a physician, psychiatrist or licensed psychologist, or by another expert appointed by the court holding at least a master's degree in social work or another related field of child development, in order that the child's physical, psychological, alcohol or other drug dependency, mental, or developmental condition may be considered. The court may also order an a physical, psychological, mental, or developmental examination or an alcohol and other drug abuse assessment that conforms to the criteria specified under s. 48.547 (4) of a parent, guardian, or legal custodian whose ability to care for a child is at issue before the court or of an expectant mother whose ability to control her use of alcohol beverages, controlled substances, or controlled substance analogs is at issue before the court. The court shall hear any objections by the child, or the child's parents, guardian, or legal custodian to the request for such an examination or assessment before ordering the examination or assessment. At the time an examination of a parent, guardian, or legal custodian is ordered, the court shall advise the subject of the examination of the provisions of sub. (2c). The expenses of an examination, if approved by the court, shall be paid by the county of the court ordering the examination in a county having a population of less than 500,000 or by the department in a county having a population of 500,000 or more. The payment for an alcohol and other drug abuse assessment shall be in accordance with s. 48.361.

Note: Adds language to clarify that the "examination" referred to in s. 48.295 (1), stats., is a physical, psychological, mental, or developmental examination, as is specified in the title to this statutory section. Requires the court to inform a parent, guardian, or legal custodian of the provisions of s. 48.295 (2c), stats., when an examination is ordered.

AB521, s. 16 Section 16. 48.295 (2c) of the statutes is created to read:

AB521,19,6 48.295 (2c) Statements made by a parent, guardian, or legal custodian, and the results of any tests conducted and any diagnosis made, in the course of an assessment or examination performed under sub. (1), are not privileged in any proceeding under ch. 48 or ch. 938, except in a delinquency proceeding under s. 938.12.

Note: Provides that statements made by a parent and the results of any tests conducted and any diagnosis made in the course of an alcohol or drug abuse assessment or physical, psychological, mental or developmental examination under 48.295 (1), are not privileged in any proceeding under ch. 48 or ch. 938, stats., except in a delinquency proceeding under s. 938.12, stats.

AB521, s. 17 Section 17. 48.355 (2) (b) 1. of the statutes is renumbered 48.355 (2) (b) 1. (intro.) and amended to read:

AB521,19,19 48.355 (2) (b) 1. (intro.) The specific services or continuum of services to be provided to the child and family, to the child expectant mother and family, or to the adult expectant mother, the identity of the agencies which are to be primarily responsible for the provision of the services ordered by the judge, the identity of the person or agency who will provide case management or coordination of services, if any, and, if custody of the child is to be transferred to effect the treatment plan, the identity of the legal custodian. Regardless of any other provision of an order under this section, during any period of incarceration of a parent serving a prison sentence, services for the parent shall be limited to services that are available within the correctional institution, and the agency primarily responsible for the provision of services ordered by the judge shall do all of the following:

AB521, s. 18 Section 18. 48.355 (2) (b) 1. a. to d. of the statutes are created to read:

AB521,20,2 48.355 (2) (b) 1. a. Advise the parent of the services that may be available within the correctional institution.

AB521,20,5 b. Advise the correctional institution of the services to be provided under the court order and, if the child is placed outside the home, of the conditions contained in the court order for the safe return of the child to the home.

AB521,20,7 c. Monitor the parent's participation and progress in relevant services made available to the parent within the correctional institution.

AB521,20,9 d. Arrange for visitation between the parent and child if the court finds that visitation is in the best interests of the child.

Note: Provides that services under a dispositional order for a parent who is serving a prison sentence must be limited during any period of incarceration to services that are available within the correctional institution and requires the agency primarily responsible for the provision of services to do all of the following:

• Advise the parent of services that may be available within the correctional institution.

• Advise the correctional institution of the services to be provided under the juvenile court order and, if the child is placed outside the home, of the conditions contained in the juvenile court order for the safe return of the child to the home.

• Monitor the parent's participation and progress in relevant services made available to the parent within the correctional institution.

• Arrange for visitation between the parent and child if the juvenile court finds that visitation is in the best interests of the child.

AB521, s. 19 Section 19. 48.368 (1) of the statutes is amended to read:

AB521,20,18 48.368 Continuation of dispositional orders. (1) If a petition for termination of parental rights is filed under s. 48.41 or 48.415 or an appeal from a judgment terminating or denying termination of parental rights is filed during the year in which a dispositional order under s. 48.355 or , an extension order under s. 48.365, a voluntary agreement for placement of the child under s. 48.63, or a guardianship order under s. 48.977 or ch. 880 is in effect, the dispositional or extension order, voluntary agreement, or guardianship order shall remain in effect until all proceedings related to the filing of the petition or an appeal are concluded.

Note: Current law provides that if a petition for TPR is filed or an appeal from a judgment terminating or denying TPR is filed during the year in which a CHIPS dispositional order or extension order is in effect, the dispositional or extension order remains in effect until all proceedings relating to the petition or appeal are concluded. This Section provides that a voluntary agreement for the placement of the child, or a guardianship order for the child, shall also remain in effect until all proceedings relating to a TPR petition or appeal are concluded.

AB521, s. 20 Section 20. 48.40 (1r) of the statutes is created to read:

AB521,21,9 48.40 (1r) "Parent" has the meaning given in s. 48.02 (13), except that for purposes of filing a petition seeking the involuntary termination of parental rights under s. 48.415 to a nonmarital child who is not adopted or whose parents do not subsequently intermarry under s. 767.60 and whose paternity has not been established, of finding grounds under s. 48.415 for the involuntary termination of parental rights to such a child, and of terminating the parental rights to such a child on a ground specified in s. 48.415, "parent" includes a person who may be the parent of such a child.

AB521, s. 21 Section 21. 48.41 (2) (b) of the statutes is renumbered 48.41 (2) (b) (intro.) and amended to read:

AB521,21,13 48.41 (2) (b) (intro.) If the court finds that it would be difficult or impossible for the parent to appear in person at the hearing, the court may do any of the following:

AB521,21,21 1. Accept accept the written consent of the parent given before an embassy or consul official, a military judge, or a judge of any court of record in another county or state or a foreign jurisdiction. This written consent shall be accompanied by the signed findings of the embassy or consul official or judge who accepted the parent's consent. These findings shall recite that the embassy or consul official or judge or an attorney who represents any of the parties questioned the parent and found that the consent was informed and voluntary before the embassy or consul official or judge accepted the consent of the parent.

AB521, s. 22 Section 22. 48.41 (2) (b) 2. of the statutes is created to read:

AB521,22,4 48.41 (2) (b) 2. On request of the parent, unless good cause to the contrary is shown, admit testimony on the record by telephone or live audiovisual means as prescribed in s. 807.13 (2).

Note: Permits a juvenile court to admit testimony on the record in a voluntary TPR proceeding via telephone or live audiovisual means, in addition to the methods provided for under current law.

AB521, s. 23 Section 23. 48.415 (2) (a) 3. of the statutes is amended to read:

AB521,22,11 48.415 (2) (a) 3. That the child has been outside the home for a cumulative total period of 6 months or longer pursuant to such orders not including time spent outside the home as an unborn child; and that the parent has failed to meet the conditions established for the safe return of the child to the home and there is a substantial likelihood that the parent will not meet these conditions within the 12-month 9-month period following the fact-finding hearing under s. 48.424.

Note: Requires proof that there is a substantial likelihood that the parent will not meet the conditions for the child's safe return to the home in the 9-month, instead of 12-month, period following the TPR fact-finding hearing in order to terminate parental rights on the ground that the child is in continuing need of protection and services.

AB521, s. 24 Section 24. 48.415 (6) (a) and (b) of the statutes are amended to read:

AB521,22,16 48.415 (6) (a) Failure to assume parental responsibility, which shall be established by proving that the parent or the person or persons who may be the parent of the child have never not had a substantial parental relationship with the child.

AB521,23,5 (b) 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. 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, whether the person has neglected or refused to provide care or support for the child and whether, with respect to a person who is or may be the father of the child, the person has ever expressed concern for or interest in the support, care or well-being of the mother during her pregnancy.

Note: Modifies the involuntary TPR ground of failure to assume parental responsibility to provide that the state must show that the person has not had a substantial parental relationship with the child instead of requiring a showing that the person has never had a substantial parental relationship with the child.

AB521, s. 25 Section 25. 48.415 (10) (a) of the statutes is amended to read:

AB521,23,9 48.415 (10) (a) That the child who is the subject of the petition has been adjudged to be in need of protection or services under s. 48.13 (2), (3) or, (3m), (10), or (10m).

Note: Under current law, parental rights may be involuntarily terminated on the grounds of prior involuntary TPR to another child by proving both of the following:

1. That the child who is the subject of the petition has been adjudged to be CHIPS because he or she has been abandoned or has been the victim of abuse or because his or her parent has neglected, refused, or been unable for reasons other than poverty to provide necessary care, clothing, medical or dental care, or shelter so as to seriously endanger the physical health of the child.

2. Within 3 years of the CHIPS adjudication, a juvenile court has ordered an involuntary TPR with respect to another child of the person.

This Section modifies the first criterion so that the ground also applies to a child who has been adjudged to be CHIPS because he or she is at substantial risk of becoming the victim of abuse or because his or her parent is at substantial risk of neglecting, refusing, or being unable for reasons other than poverty to provide necessary care, food, clothing, medical or dental care, or shelter so as to seriously endanger the physical health of the child, based on reliable and credible information that the child's parent has neglected, refused, or been unable for reasons other than poverty to provide necessary care, food, clothing medical or dental care, or shelter so as to endanger seriously the physical health of another child in the home.

AB521, s. 26 Section 26. 48.42 (1) (a) of the statutes is amended to read: