AB521: Bill Text

Note: Current s. 808.04 (8), stats., provides that if the record discloses that the judgment or order appealed from was entered after the notice of appeal was filed, the notice of appeal shall be treated as filed after such entry and on the day thereof. Currently, this provision affects a few TPR cases each year when a notice of intent to appeal (which is required in TPR cases, under s. 809.107, stats.) is filed prior to the entry of the judgment or order. In those cases, the notice of intent to appeal is treated as being filed too early and in violation of s. 808.04 (8), stats.

This Section amends s. 808.04 (8), stats., to provide that if the record discloses that the judgment or order appealed from was entered after the notice of appeal or the notice of intent to appeal was filed, the notice shall be treated as filed after the entry and on the day of the entry.

AB521, s. 64 Section 64. 809.107 (5) (am) of the statutes is created to read:

AB521,46,6 809.107 (5) (am) Notice of abandonment of appeal. If the person who filed a notice of intent to appeal under sub. (2) and requested a transcript and case record under sub. (4) decides not to file a notice of appeal, that person shall notify the person required to be served under sub. (2) of this decision, within 30 days after the service of the transcript and case record under sub. (4).

Note: Requires a person who decides not to file a notice of appeal to provide notification to certain persons that an appeal will not be filed, within 30 days after service of the transcript on the person.

AB521, s. 65 Section 65. 809.82 (2) (b) of the statutes is amended to read:

AB521,46,10 809.82 (2) (b) Notwithstanding the provisions of par. (a), the time for filing a notice of appeal or cross-appeal of a final judgment or order, other than in an appeal under s. 809.30 or 809.32 or as provided under s. 808.04 (7m), may not be enlarged.

Note: Provides that the time in which to file notice of appeal of a final judgment in a TPR case may be enlarged as provided under s. 808.04 (7m), stats., as affected by the bill.

AB521, s. 66 Section 66. 938.27 (3) (b) 1. a. of the statutes is amended to read:

AB521,46,13 938.27 (3) (b) 1. a. A person who has filed a declaration of paternal interest under s. 48.025.

AB521, s. 67 Section 67. 938.27 (5) of the statutes is amended to read:

AB521,46,20 938.27 (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 juvenile in a judicial proceeding unless the biological father's person's parental rights have been terminated.

Note: Makes the changes as provided in s. 48.27 (3) (b) 1. a. and (5), as affected by this bill, for the parallel provisions under the Juvenile Justice Code.

AB521, s. 68 Section 68 . 938.57 (2m) of the statutes is created to read:

AB521,47,8 938.57 (2m) A county department, as soon as practicable after learning that a person who is receiving juvenile welfare services under sub. (1) from the county department has changed his or her county of residence, shall provide notice of that change to the county department of the person's new county of residence. The notice shall include a brief, written description of the services offered or provided to the person by the county department and the name, telephone number, and address of a person to contact for more information.

Note: Requires notice when a person who is receiving juvenile welfare services moves from a county to another county. See the Note to s. 48.48 (17) (bm), stats., as created by this bill.

AB521, s. 69 Section 69 . 938.78 (2) (a) of the statutes is amended to read:

AB521,47,13 938.78 (2) (a) No agency may make available for inspection or disclose the contents of any record kept or information received about an individual in its care or legal custody, except as provided under sub. (3) or s. 938.371, 938.38 (5) (b) or (d) or (5m) (d), or 938.51, or 938.57 (2m) or by order of the court.

Note: Permits a county department to make available for inspection or disclose the contents of any record kept or information received about an individual in its care or legal custody in order to provide the notice required under s. 938.57 (2m), stats., as created by this bill, when a person receiving juvenile welfare services moves to another county.

AB521, s. 70 Section 70. 977.07 (1) (c) of the statutes is amended to read:

AB521,48,3 977.07 (1) (c) For all referrals made under ss. 809.107, 809.30, 974.06 (3) (b) and 974.07 (11), except a referral of a child who is entitled to be represented by counsel under s. 48.23 or 938.23, a representative of the state public defender shall determine indigency. For referrals made under ss. 809.107, 809.30 and 974.06 (3) (b), except a referral of a child who is entitled to be represented by counsel under s. 48.23 or 938.23, the representative of the state public defender may, unless a request for redetermination has been filed under s. 809.30 (2) (d) or the defendant's person's request for representation states that his or her financial circumstances have materially improved, rely upon a determination of indigency made for purposes of trial representation under this section.

Note: Permits the State Public Defender representative to rely upon a determination of indigency made for purposes of trial representation for referrals made under s. 809.107, stats., which is the statute relating to appeals in TPR proceedings, unless a request for a redetermination is filed or the person's request for representation states that his or her financial circumstances have materially improved.

AB521, s. 71 Section 71. Nonstatutory provisions.

AB521,48,9 (1) Preadoption preparation. The department of health and family services shall submit in proposed form the rules required under section 48.84 (2) of the statutes, as created by this act, to the legislative council staff under section 227.15 (1) of the statutes no later than the first day of the 4th month beginning after the effective date of this subsection.

AB521, s. 72 Section 72 . Initial applicability.

AB521,48,17 (1) Notice of and participation in termination of parental rights proceedings. The treatment of sections 48.42 (1) (a), (1g), (2) (b) (intro.) and 1. and (bm) and (3) (a), 48.422 (6) (a), 48.423, 48.837 (4) (e), and 48.91 (2) of the statutes, the renumbering and amendment of sections 48.42 (2m) and 48.43 (6) of the statutes, and the creation of sections 48.42 (2m) (b) and 48.43 (6) (b) and (c) of the statutes first apply to a termination of parental rights petition filed on the effective date of this subsection.

AB521,48,21 (2) Notice to county when person receiving services changes county of residence. The treatment of sections 48.48 (17) (bm), 48.57 (2m), 48.78 (2) (a), 938.57 (2m), and 938.78 (2) (a) of the statutes first applies to a person who changes his or her county of residence on the effective date of this subsection.

AB521,48,22 (3) Termination of parental rights grounds.

AB521,49,3 (a) The treatment of section 48.415 (2) (a) 3. 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 subsection.

AB521,49,9 (b) The treatment of section 48.415 (10) (a) of the statutes first applies to petitions for termination of parental rights 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.

AB521,49,13 (4) Termination of parental rights appeals. The treatment of sections 48.43 (6m), 808.04 (7m) and (8), 809.107 (5) (am), and 809.82 (2) (b) of the statutes first applies to judgments or orders granted under section 48.43 of the statutes, as affected by this act, on the effective date of this paragraph.

AB521,49,17 (5) Dispositional orders. The renumbering and amendment of section 48.355 (2) (b) 1. of the statutes and the creation of section 48.355 (2) (b) 1. a., b., c., and d. of the statutes first applies to dispositional orders granted on the effective date of this subsection.

AB521,49,20 (6) Fair hearings for foster parents. The treatment of section 48.64 (4) (a) and (c) of the statutes first applies to a head of home to whom an agency provides notice of intent to remove a child from the home on the effective date of this subsection.

AB521,49,23 (7) Judicial review. The treatment of section 48.72 of the statutes first applies to a decision made or action taken by the department of health and family services on the effective date of this subsection.

AB521,50,3 (8) Advertising relating to adoption. The treatment of section 48.825 (3m) and (5) of the statutes first applies to advertisements published on the effective date of this subsection.

AB521,50,6 (9) Payment of birth parents' expenses. The treatment of section 48.913 (1) (c), (i), and (m) of the statutes first applies to the payment of expenses that are incurred on the effective date of this subsection.

AB521,50,12 (10) Preadoption preparation. The treatment of sections 48.833, 48.837 (2) (d), 48.839 (2) (b) and (c), and 48.84 of the statutes first applies to a child placed for adoption under section 48.833 of the statutes, as affected by this act, a petition for adoptive placement of a child filed under s. 48.837 (2) of the statutes, as affected by this act, or a child brought into this state for purposes of adoption under section 48.839 of the statutes, as affected by this act, on the effective date of this subsection.

AB521, s. 73 Section 73. Effective dates. This act takes effect on the day after publication, except as follows:

AB521,50,22 (1) Declaration of paternal interest. The treatment of sections 46.03 (7) (bm), 48.025 (1), (5) and (6), 48.27 (3) (b) 1. a., 48.27 (5), 48.42 (1) (a), (1g), (2) (b) (intro.) and 1. and (bm), and (3) (a), 48.422 (6) (a), 48.423, 48.837 (4) (e), 48.91 (2), 938.27 (3) (b) 1. a. and (5) of the statutes, the renumbering of section 48.025 (3) of the statutes, the renumbering and amendment of sections 48.025 (2), 48.42 (2m), and 48.43 (6) of the statutes, and the creation of sections 48.025 (2) (b) and (d) and (3) (a), (c), and (d), 48.42 (2m) (b), and 48.43 (6) (b) and (c) of the statutes and Section 72 (10) of the bill take effect on the first day of the 3rd month beginning after publication.

AB521,50,25 (2) Preadoption preparation. The treatment of sections 48.833, 48.837 (2) (d), 48.839 (2) (b) and (c), and 48.84 of the statutes and Section 72 (1) of this act take effect on the first day of the 12th month beginning after publication.

Note: Provides that the bill takes effect on the first day after publication except that the provisions relating to declarations of paternal interest take effect on the first day of the 3rd month beginning after publication of the bill and the provisions relating to preadoption preparation take effect on the first day of the 12th month beginning after the publication of the bill.

AB521,51,1 (End)