AB152,22 14Section 22. 48.415 (10) (a) of the statutes is amended to read:
AB152,16,1815 48.415 (10) (a) That the child who is the subject of the petition has been
16adjudged to be in need of protection or services under s. 48.13 (2), (3) or, (10), or (14);
17or that the child who is the subject of the petition was born after the filing of a petition
18under this subsection whose subject is a sibling of the child.
Note: This Section allows a TPR petition to be filed if the parent's child was found
to be in need of protection or services based on the new CHIPS ground created under
Section 1.
AB152,23 19Section 23. 48.42 (2) (b) 3. of the statutes is amended to read:
AB152,17,2
148.42 (2) (b) 3. A person who has lived in established and maintained a familial
2relationship with the child and who may be the father of the child.
Note: This Section specifies that in order for an alleged father to be summoned
for a TPR proceeding, one method of protecting that right is by having established and
maintained a familial relationship with the child, even if the alleged father has not lived
with the child.
AB152,24 3Section 24. 48.42 (2m) (a) of the statutes is amended to read:
AB152,17,204 48.42 (2m) (a) Parent as a result of sexual assault. Except as provided in this
5paragraph, notice is not required to be given to a person who may be the father of a
6child conceived as a result of if a sexual assault of the child's mother in violation of
7s. 940.225 (1), (2), or (3), 948.02 (1) or (2), 948.025, or 948.085 if a physician attests
8to his or her belief that a sexual assault as specified in this paragraph has occurred
9or if the person who may be the father of the child has been convicted of sexual assault
10as specified in this paragraph for conduct which may have led to the child's
11conception
that may have resulted in the child's conception is proved by a final
12judgment of conviction or other evidence
. A person who under this paragraph is not
13given notice does not have standing to appear and contest a petition for the
14termination of his parental rights, present evidence relevant to the issue of
15disposition, or make alternative dispositional recommendations. This paragraph
16does not apply to a person who may be the father of a child conceived as a result of
17a sexual assault in violation of under s. 948.02 (1) (b) or (e) or (2) or 948.09, if that
18person was under 18 years of age at the time of the sexual assault and was not more
19than 4 years older or not more than 4 years younger than the victim and if the assault
20did not involve the use or threat of force or violence
.
Note: This Section removes the requirement that a physician attest to a belief
that there was a sexual assault from the exception from providing notice of a TPR
proceeding to a person who may be the father of the child, and instead requires proof by
a final judgment of conviction or other evidence. This Section, however, requires notice
of a TPR proceeding to be given to a father who was under 18 years of age at the time of

a nonviolent sexual assault of a minor, if the age difference between the father and the
victim is four years or less.
AB152,25 1Section 25. 48.423 (1) of the statutes is amended to read:
AB152,18,122 48.423 (1) Rights to paternity determination. If a person appears at the
3hearing and claims that he is the father of the child, the court shall set a date for a
4hearing on the issue of paternity or, if all parties agree, the court may immediately
5commence hearing testimony concerning the issue of paternity. The court shall
6inform the person claiming to be the father of the child of any right to counsel under
7s. 48.23. The person claiming to be the father of the child must prove paternity by
8clear and convincing evidence. A person who establishes his paternity of the child
9under this section may further participate in the termination of parental rights
10proceeding only if the person meets the conditions specified in sub. (2) or, meets a
11condition specified in s. 48.42 (2) (b) 1. or 3. or (bm), or establishes that he has been
12deprived of the opportunity to assume parental responsibility for the child
.
Note: This Section removes the right of a man alleged to be the father of a child,
who has not filed a declaration of parental interest or established and maintained a
familial relationship with the child, to further participate in a TPR proceeding after his
paternity has been determined, unless he establishes that he has been deprived of the
opportunity to assume parental responsibility for the child.
AB152,26 13Section 26. 48.427 (7) of the statutes is amended to read:
AB152,18,1914 48.427 (7) (a) If an order is entered under sub. (3), the court may orally inform
15the parent or parents who appear in court of the ground for termination of parental
16rights specified in s. 48.415 (10), except that the court shall orally inform the parent
17or parents of the ground for termination of parental rights specified in s. 48.415 (10)
18(a) to a child who has been adjudged to be in need of protection or services under s.
1948.13 (14)
.
AB152,19,320 (b) In addition to the notice permitted under par. (a), any written order under
21sub. (3) may notify the parent or parents of the information specified in par. (a),

1except that the court shall provide written notification to the parent or parents of the
2ground for termination of parental rights specified in s. 48.415 (10) (a) to a child who
3has been adjudged to be in need of protection or services under s. 48.13 (14)
.
Note: This Section requires the juvenile court, when entering a TPR order, to
provide oral and written notification to the parent or parents of the fact that this TPR
order may be used to terminate their parental rights to another child, if the child is born
within three years after the date of the TPR and the child is found to be in need of
protection or services under the new CHIPS ground created under Section 1 of the bill.
AB152,27 4Section 27. 48.46 (1), (1m) and (2) of the statutes are amended to read:
AB152,19,135 48.46 (1) Except as provided in subs. (1m), (2), and (3), the child whose status
6is adjudicated by the court, the parent, guardian, or legal custodian of that child, the
7unborn child whose status is adjudicated by the court, or the expectant mother of that
8unborn child may, at any time within one year after the entering entry of the court's
9order, petition the court for a rehearing on the ground that new evidence has been
10discovered affecting the advisability of the court's original adjudication. Upon a
11showing that such evidence does exist, the court shall order a new hearing.
12Notwithstanding s. 802.05 (1), a petition by a parent under this subsection shall be
13signed by the parent and by the parent's attorney of record, if any.
AB152,20,6 14(1m) Except as provided in sub. (2), the parent, guardian, or legal custodian
15of the child or the child whose status is adjudicated by the court in an order entered
16under s. 48.43 or an order adjudicating paternity under subch. VIII may, within the
17time permitted under this subsection, petition the court for a rehearing on the
18ground that new evidence has been discovered affecting the advisability of the court's
19adjudication. Upon a showing that such evidence does exist, the court shall order a
20new hearing. A petition under this subsection shall be filed within one year after the
21date on which the order under s. 48.43 or order adjudicating paternity under subch.
22VIII is entered, unless within that one-year period a court in this state or in another

1jurisdiction enters an order granting adoption of the child, in which case a petition
2under this subsection shall be filed before the date on which the order granting
3adoption is entered or within 30 days after the date on which the order under s. 48.43
4or order adjudicating paternity under subch. VIII is entered, whichever is later.
5Notwithstanding s. 802.05 (1), a petition by a parent under this subsection shall be
6signed by the parent and by the parent's attorney of record, if any.
AB152,20,22 7(2) A parent who has consented to the termination of his or her parental rights
8under s. 48.41 or who did not contest the petition initiating the proceeding in which
9his or her parental rights were terminated may move the court for relief from the
10judgment on any of the grounds specified in s. 806.07 (1) (a), (b), (c), (d), or (f).
11Notwithstanding s. 802.05 (1), a motion by a parent under this subsection shall be
12signed by the parent and by the parent's attorney of record, if any.
Any such motion
13shall be filed within 30 days after the entry of the judgment or order terminating
14parental rights, unless the parent files a timely notice of intent to pursue relief from
15the judgment under s. 808.04 (7m), in which case the motion shall be filed within the
16time permitted by s. 809.107 (5). A motion under this subsection does not affect the
17finality or suspend the operation of the judgment or order terminating parental
18rights. A parent who has consented to the termination of his or her parental rights
19to an Indian child under s. 48.41 (2) (e) may also move for relief from the judgment
20under s. 48.028 (5) (c) or (6). Motions under this subsection or s. 48.028 (5) (c) or (6)
21and appeals to the court of appeals shall be the exclusive remedies for such a parent
22to obtain a new hearing in a termination of parental rights proceeding.
Note: This Section requires a parent to sign a petition for rehearing or motion for
postdisposition relief from a CHIPS adjudication, paternity adjudication, or TPR order,
whether or not the parent is represented, and retains the requirement under current law
that the parent's attorney sign the petition or motion if the parent is represented.
AB152,28 23Section 28 . 48.977 (2) (a) of the statutes is amended to read:
AB152,21,7
148.977 (2) (a) That the child has been adjudged to be in need of protection or
2services under s. 48.13 (1), (2), (3), (3m), (4), (4m), (5), (8), (9), (10), (10m), (11), or
3(11m), or (14) or 938.13 (4) and been placed, or continued in a placement, outside of
4his or her home pursuant to one or more court orders under s. 48.345, 48.357, 48.363,
548.365, 938.345, 938.357, 938.363, or 938.365 or that the child has been so adjudged
6and placement of the child in the home of a guardian under this section has been
7recommended under s. 48.33 (1) or 938.33 (1).
AB152,29 8Section 29 . 48.977 (4) (b) 3. of the statutes is amended to read:
AB152,21,169 48.977 (4) (b) 3. The date on which the child was adjudged in need of protection
10or services under s. 48.13 (1), (2), (3), (3m), (4), (4m), (5), (8), (9), (10), (10m), (11), or
11(11m), or (14) or 938.13 (4) and the dates on which the child has been placed, or
12continued in a placement, outside of his or her home pursuant to one or more court
13orders under s. 48.345, 48.357, 48.363, 48.365, 938.345, 938.357, 938.363, or 938.365
14or, if the child has been so adjudged, but not so placed, the date of the report under
15s. 48.33 (1) or 938.33 (1) in which placement of the child in the home of the person
16is recommended.
Note: Sections 28 and 29 allow the juvenile court to appoint a guardian for a child
in need of protection or services based on the new ground created under Section 1 .
AB152,30 17Section 30. 809.10 (1) (b) 7. of the statutes is created to read:
AB152,21,2018 809.10 (1) (b) 7. Notwithstanding s. 802.05 (1), if the appellant is a parent
19appealing an order or judgment under s. 48.43, the parent's signature, and the
20parent's attorney of record's signature, if the parent is represented.
Note: This Section requires a parent to sign a notice of appeal from a TPR order,
whether or not the parent is represented, and retains the requirement under current law
that the parent's attorney sign the notice if the parent is represented.
AB152,31 21Section 31. 809.107 (2) (bm) 6. of the statutes is created to read:
AB152,22,3
1809.107 (2) (bm) 6. Notwithstanding s. 802.05 (1), if the appellant is the parent,
2the parent's signature, and the parent's attorney of record's signature, if the parent
3is represented.
Note: This Section requires a parent to sign a notice of intent to appeal a TPR
order, whether or not the parent is represented, and retains the requirement under
current law that the parent's attorney sign the notice if the parent is represented.
AB152,32 4Section 32. 938.21 (5) (b) 3. of the statutes is amended to read:
AB152,22,115 938.21 (5) (b) 3. If the court finds that any of the circumstances specified in s.
6938.355 (2d) (b) 1. to 4. applies with respect to a parent, a determination that the
7county department or agency primarily responsible for providing services under the
8custody order is not required to make reasonable efforts with respect to the parent
9to make it possible for the juvenile to return safely to his or her home, unless the court
10determines or has determined under a prior order that such efforts would be in the
11best interests of the juvenile
.
Note: This Section specifies that at a TPC hearing for a juvenile alleged to be in
need of protection or services, a court must determine that an agency is not required to
make reasonable efforts to return a juvenile safely home when the statutorily defined
egregious circumstances are found to exist, unless the court determines that such efforts
would be in the best interests of the juvenile.
AB152,33 12Section 33. 938.32 (1) (c) 2. of the statutes is amended to read:
AB152,22,1913 938.32 (1) (c) 2. If the court finds that any of the circumstances specified in s.
14938.355 (2d) (b) 1. to 4. applies with respect to a parent, the consent decree shall
15include a determination that the county department or agency primarily responsible
16for providing services under the consent decree is not required to make reasonable
17efforts with respect to the parent to make it possible for the juvenile to return safely
18to his or her home, unless the court determines or has determined under a prior order
19that such efforts would be in the best interests of the juvenile
.
Note: This Section specifies that in a consent decree for a juvenile alleged to be
in need of protection or services (JIPS) the juvenile court must determine that an agency
is not required make reasonable efforts to return a juvenile safely home when the

statutorily defined egregious circumstances are found to exist, unless the court
determines that such efforts would be in the best interests of the juvenile.
AB152,34 1Section 34. 938.355 (2) (b) 6r. of the statutes is amended to read:
AB152,23,82 938.355 (2) (b) 6r. If the court finds that any of the circumstances under sub.
3(2d) (b) 1. to 4. applies with respect to a parent, a determination that the county
4department or agency primarily responsible for providing services under the court
5order is not required to make reasonable efforts with respect to the parent to make
6it possible for the juvenile to return safely to his or her home, unless the court
7determines or has determined under a prior order that such efforts would be in the
8best interests of the juvenile
.
Note: This Section requires the juvenile court to include in a JIPS dispositional
order a determination that an agency is not required to make reasonable efforts to return
a juvenile safely home when the statutorily defined egregious circumstances are found
to exist, unless the court determines that such efforts would be in the best interests of the
juvenile.
AB152,35 9Section 35. 938.355 (2d) (b) (intro.) of the statutes is amended to read:
AB152,23,2010 938.355 (2d) (b) (intro.) Notwithstanding sub. (2) (b) 6., the The court is not
11required to
shall include in a dispositional order a finding as to whether
12determination that the county department or the agency primarily responsible for
13providing services under a court order has made is not required to make reasonable
14efforts with respect to a parent of a juvenile to prevent the removal of the juvenile
15from the home, while assuring that the juvenile's health and safety are the
16paramount concerns, or, if applicable, a finding as to whether the county department
17or agency has made reasonable efforts with respect to a parent of a juvenile
or to
18achieve the permanency goal of returning the juvenile safely to his or her home,
19unless the court determines or has determined under a prior order that such efforts
20would be in the best interests of the juvenile
, if the court finds any of the following:
Note: This Section requires the juvenile court to include in a JIPS dispositional
order a determination that an agency is not required to make reasonable efforts to

prevent a juvenile's removal or return a juvenile safely home when the statutorily defined
egregious circumstances are found to exist, unless the court determines that such efforts
would be in the best interests of the juvenile.
AB152,36 1Section 36 . 938.355 (2d) (c) of the statutes is renumbered 938.355 (2d) (c)
2(intro.) and amended to read:
AB152,24,53 938.355 (2d) (c) (intro.) If the court finds that any of the circumstances under
4par. (b) 1. to 4. applies with respect to a parent, the court shall hold do all of the
5following:
AB152,24,8 62. Hold a hearing under s. 938.38 (4m) within 30 days after the date of that
7finding to determine the permanency goal and, if applicable, any concurrent
8permanency goals for the juvenile.
AB152,37 9Section 37 . 938.355 (2d) (c) 1. of the statutes is created to read:
AB152,24,1410 938.355 (2d) (c) 1. Include in the order a determination that the person or
11agency primarily responsible for providing services to the juvenile is not required to
12make reasonable efforts with respect to the parent to make it possible for the juvenile
13to return safely to his or her home, unless the court determines that such efforts
14would be in the best interests of the juvenile.
Note: Sections 36 and 37 require the juvenile court to include in a JIPS
dispositional order a determination that an agency is not required to make reasonable
efforts to return a juvenile safely home when the statutorily defined egregious
circumstances are found to exist, unless the court determines that such efforts would be
in the best interests of the juvenile.
AB152,38 15Section 38 . 938.357 (2v) (a) 3. of the statutes is amended to read:
AB152,25,216 938.357 (2v) (a) 3. If the court finds that any of the circumstances under s.
17938.355 (2d) (b) 1. to 4. applies with respect to a parent, a determination that the
18agency primarily responsible for providing services under the change in placement
19order is not required to make reasonable efforts with respect to the parent to make
20it possible for the juvenile to return safely to his or her home, unless the court

1determines or has determined under a prior order that such efforts would be in the
2best interests of the juvenile
.
Note: This Section specifies that in a JIPS change-in-placement order the
juvenile court must determine that an agency is not required to make reasonable efforts
to return a juvenile safely home when the statutorily defined egregious circumstances are
found to exist, unless the court determines that such efforts would be in the best interests
of the juvenile.
AB152,39 3Section 39. 938.365 (2m) (a) 2. of the statutes is amended to read:
AB152,25,104 938.365 (2m) (a) 2. If the court finds that any of the circumstances under s.
5938.355 (2d) (b) 1. to 4. applies with respect to a parent, the order shall include a
6determination that the person or agency primarily responsible for providing services
7to the juvenile is not required to make reasonable efforts with respect to the parent
8to make it possible for the juvenile to return safely to his or her home, unless the court
9determines or has determined under a prior order that such efforts would be in the
10best interests of the juvenile
.
Note: This Section specifies that in a JIPS extension order, the juvenile court
must determine that an agency is not required to make reasonable efforts to return a
juvenile safely home when the statutorily defined egregious circumstances are found to
exist, unless the court determines that such efforts would be in the best interests of the
juvenile.
AB152,40 11Section 40. Initial applicability.
AB152,25,1512 (1) Paternal participation in termination of parental rights proceedings.
13The treatment of section 48.423 (1) of the statutes first applies to a termination of
14parental rights proceeding for which the petition is filed on the effective date of this
15subsection.
Note: This subsection specifies that the provision of the bill providing that an
alleged father who had not otherwise declared or established a relationship with the child
may not further participate in a TPR proceeding first applies to a TPR proceeding for
which the petition is filed on the effective date of the bill.
AB152,26,2 16(2) Child in need of protection or services ground. The treatment of section
1748.13 (14) of the statutes first applies to a petition filed under section 48.13 of the

1statutes on the effective date of this subsection after a parent has been given notice
2under section 48.427 (7) (a) and (b) of the statutes.
Note: This subsection specifies that the new CHIPS ground based on a parent's
prior TPR within three years applies to a new CHIPS petition if the CHIPS petition is
filed after the parent has been informed at a TPR proceeding that the TPR could be a
CHIPS ground for a child born within the next three years.
AB152,26,7 3(3) Warnings for grounds of an involuntary termination of parental rights.
4The treatment of section 48.415 (2) (a) 2. b. and 3., (3) (a), (5) (a), (8), (9) (a) to (c), and
5(9m) (a) of the statutes first applies to court orders required to contain the notice
6under section 48.356 (2) or 938.356 (2) of the statutes granted on the effective date
7of this subsection.
Note: This subsection specifies that each of the TPR grounds revised in the bill,
except the ground of prior TPR to another child, whose initial applicability is covered in
subsection (2), first apply after a parent has been informed of any grounds for TPR that
may be applicable, in a written order placing the child outside the home.
AB152,26,118 (4) Waiver by parent of right to counsel by failure to appear. The treatment
9of section 48.23 (2) (c) 2. of the statutes first applies to a parent who is ordered on the
10effective date of this subsection to appear in person at a hearing in a contested
11adoption or an involuntary termination of parental rights proceeding.
Note: This subsection specifies that the provision of the bill providing for a waiver
of counsel by a parent's failure to appear first applies to a parent who is ordered on the
effective date of the bill to appear.
AB152,26,1612 (5) Postdispositional relief petition or notice of appeal; parent's signature
13required.
The treatment of sections 48.46 (1), (1m), and (2), 809.10 (1) (b) 7., and
14809.107 (2) (bm) 6. of the statutes first apply to a parent who files a petition for
15rehearing, motion for postdisposition relief, notice of intent to appeal, or notice of
16appeal on the effective date of this subsection.
Note: This subsection specifies that the provisions of the bill requiring a parent's
signature on a postdisposition motion, petition, notice of intent to appeal, or notice of
appeal first apply to such document filed on the effective date of the bill.
AB152,41 17Section 41. Effective date.
AB152,27,2
1(1) This act takes effect on the first day of the 6th month beginning after
2publication.
Note: This Section delays the effective date of the bill until the first day of the 6th
month following publication.
AB152,27,33 (End)
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