SB727,23,108 48.425 (1) (am) 2. A report of any medical examination which either birth
9parent had within one year before the date of the petition or motion to terminate
10parental rights
.
SB727,62 11Section 62. 48.425 (1) (cm) of the statutes is amended to read:
SB727,23,1912 48.425 (1) (cm) If the petition or motion is seeking the involuntary termination
13of parental rights to an Indian child, specific information showing that continued
14custody of the child by the parent or Indian custodian is likely to result in serious
15emotional or physical damage to the child under s. 48.028 (4) (e) 1. and, if the Indian
16child has previously been adjudged to be in need of protection or services, specific
17information showing that active efforts under s. 48.028 (4) (e) 2. have been made to
18prevent the breakup of the Indian child's family and that those efforts have proved
19unsuccessful.
SB727,63 20Section 63. 48.425 (1m) of the statutes is amended to read:
SB727,23,2321 48.425 (1m) The agency required under sub. (1) to file the report shall prepare
22the medical record within 60 days after the date of the petition or motion for the
23termination of parental rights.
SB727,64 24Section 64. 48.425 (3) of the statutes is amended to read:
SB727,24,3
148.425 (3) The court may order a report as specified under this section to be
2prepared by an agency in those cases where the petition or motion to terminate
3parental rights
is filed by someone other than an agency.
SB727,65 4Section 65. 48.427 (2) of the statutes is amended to read:
SB727,24,75 48.427 (2) The court may dismiss the petition or motion to terminate parental
6rights
if it finds that the evidence does not warrant the termination of parental
7rights.
SB727,66 8Section 66. 48.43 (1) (intro.) of the statutes is amended to read:
SB727,24,149 48.43 (1) (intro.) The court shall enter a judgment setting forth its findings and
10disposition in accordance with s. 48.426 in an order implementing the disposition
11chosen. If the court dismisses the petition or motion to terminate parental rights
12under s. 48.427 (2), the order shall contain the reasons for dismissal. If the
13disposition is for the termination of parental rights under s. 48.427 (3), the order
14shall contain all of the following:
SB727,67 15Section 67. 48.46 (2) of the statutes is amended to read:
SB727,25,616 48.46 (2) A parent who has consented to the termination of his or her parental
17rights under s. 48.41 or who did not contest the petition or motion initiating the
18proceeding in which his or her parental rights were terminated termination of
19parental rights proceeding
may move the court for relief from the judgment on any
20of the grounds specified in s. 806.07 (1) (a), (b), (c), (d) or (f). Any such motion for relief
21shall be filed within 30 days after the entry of the judgment or order terminating
22parental rights, unless the parent files a timely notice of intent to pursue relief from
23the judgment under s. 808.04 (7m), in which case the motion for relief shall be filed
24within the time permitted by s. 809.107 (5). A motion for relief under this subsection
25does not affect the finality or suspend the operation of the judgment or order

1terminating parental rights. A parent who has consented to the termination of his
2or her parental rights to an Indian child under s. 48.41 (2) (e) may also move for relief
3from the judgment under s. 48.028 (5) (c) or (6). Motions A motion for relief under
4this subsection or s. 48.028 (5) (c) or (6) and appeals to the court of appeals shall be
5the exclusive remedies for such a parent to obtain a new hearing in a termination of
6parental rights proceeding.
SB727,68 7Section 68. 48.46 (3) of the statutes is amended to read:
SB727,25,138 48.46 (3) An adoptive parent who has been granted adoption of a child under
9s. 48.91 (3) may not petition the court for a rehearing under sub. (1) or move the court
10under s. 806.07 for relief from the order granting adoption. A petition or motion for
11termination of parental rights under s. 48.42 and an appeal to the court of appeals
12shall be the exclusive remedies for an adoptive parent who wishes to end his or her
13parental relationship with his or her adopted child.
SB727,69 14Section 69. 48.83 (1) of the statutes is amended to read:
SB727,25,2515 48.83 (1) Except as provided in s. 48.028 (3) (b), the court of the county where
16the proposed adoptive parent or child resides or the court of the county where a
17petition or motion for termination of parental rights to the child was filed or granted
18under subch. VIII, upon the filing with that court of a petition for adoption or for the
19adoptive placement of a child, has jurisdiction over the child until the petition for
20adoption
is withdrawn, denied, or granted. Venue in a proceeding for adoption or
21adoptive placement of a child shall be in the county where the proposed adoptive
22parent or child resides at the time the petition for adoption is filed or in the county
23where a petition or motion for termination of parental rights to the child was filed
24or granted under subch. VIII. The court may transfer the case to a court in the county
25in which the proposed adoptive parents reside.
SB727,70
1Section 70. 48.835 (3) (title) of the statutes is amended to read:
SB727,26,32 48.835 (3) (title) Petition or motion for termination of parental rights
3required; exception.
SB727,71 4Section 71. 48.835 (3) (a) of the statutes is amended to read:
SB727,26,85 48.835 (3) (a) If the child's parent has not filed a petition or motion for the
6termination of parental rights under s. 48.42, the relative with whom the child is
7placed shall file a petition for the termination of the parents' rights at the same time
8the petition for adoption is filed, except as provided under par. (b).
SB727,72 9Section 72. 48.837 (3) of the statutes is amended to read:
SB727,26,1310 48.837 (3) Petition or motion for termination of parental rights required.
11The petition under sub. (2) shall be filed with a petition or motion under s. 48.42 for
12the voluntary consent to the termination of any existing rights of the petitioning
13parent or parents.
SB727,73 14Section 73. 48.837 (4) (e) of the statutes is amended to read:
SB727,26,2515 48.837 (4) (e) Shall, before hearing the petitions petition under subs. sub. (2)
16and petition or motion under sub. (3), ascertain whether the paternity of a
17nonmarital child who is not adopted or whose parents do not subsequently
18intermarry under s. 767.803 has been acknowledged under s. 767.805 or a
19substantially similar law of another state or adjudicated in this state or another
20jurisdiction. If the child's paternity has not been acknowledged or adjudicated, the
21court shall attempt to ascertain the paternity of the child and shall determine the
22rights of any person who may be the father of the child as provided under s. 48.423.
23The court may not proceed with the hearing on the petitions or motion under this
24section unless the parental rights of the nonpetitioning parent, whether known or
25unknown, have been terminated.
SB727,74
1Section 74. 48.837 (5) of the statutes is amended to read:
SB727,27,92 48.837 (5) Attendance at hearing. The child, if he or she is 12 years of age or
3over, and each petitioner shall attend the hearing on the petition under sub. (2). The
4child, if he or she is 12 years of age or over, and each parent having custody of the child
5shall attend the hearing on the petition or motion under sub. (3). If the parent who
6has custody of the child consents and the court approves, the proposed adoptive
7parents may be present at the hearing on the petition or motion under sub. (3). The
8court may, for good cause, waive the requirement that the child attend either of the
9hearings.
SB727,75 10Section 75. 48.837 (6) (a) of the statutes is amended to read:
SB727,27,1211 48.837 (6) (a) The court shall hold the hearing on the petition under sub. (2)
12before the hearing on the petition or motion required under sub. (3).
SB727,76 13Section 76. 48.837 (6) (b) of the statutes is amended to read:
SB727,28,214 48.837 (6) (b) At the beginning of the hearing held under sub. (2), the court shall
15review the report that is submitted under s. 48.913 (6). The court shall determine
16whether any payments or the conditions specified in any agreement to make
17payments are coercive to the birth parent of the child or to an alleged or presumed
18father of the child or are impermissible under s. 48.913 (4). Making any payment to
19or on behalf of the birth parent of the child, an alleged or presumed father of the child
20or the child conditional in any part upon transfer or surrender of the child or the
21termination of parental rights or the finalization of the adoption creates a rebuttable
22presumption of coercion. Upon a finding of coercion, the court shall dismiss the
23petitions petition under subs. sub. (2) and petition or motion under sub. (3) or amend
24the agreement to delete any coercive conditions, if the parties agree to the
25amendment. Upon a finding that payments which are impermissible under s. 48.913

1(4) have been made, the court may dismiss the petition under sub. (2) and may refer
2the matter to the district attorney for prosecution under s. 948.24 (1).
SB727,77 3Section 77. 48.837 (6) (br) of the statutes is amended to read:
SB727,28,84 48.837 (6) (br) At the hearing on the petition under sub. (2), the court shall
5determine whether any person has coerced a birth parent or any alleged or presumed
6father of the child in violation of sub. (1r) (e). Upon a finding of coercion, the court
7shall dismiss the petitions petition under subs. sub. (2) and the petition or motion
8under sub.
(3).
SB727,78 9Section 78. 48.837 (6) (d) of the statutes is amended to read:
SB727,28,1910 48.837 (6) (d) If the proposed placement is approved, the court shall proceed
11immediately to a hearing on the petition or motion required under sub. (3). If the
12parental rights of the parent are terminated, the court shall appoint as guardian of
13the child the department, a county department under s. 48.57 (1) (e) or (hm), or a
14child welfare agency licensed to accept guardianship under s. 48.61 (5). If the child
15has not been placed with the proposed adoptive parent or parents under sub. (1r) or
16(4) (d), the court shall order the child to be placed with the proposed adoptive parent
17or parents. If the child has been placed with the proposed adoptive parent or parents
18under sub. (1r) or (4) (d), the court shall order the child to be maintained in that
19placement.
SB727,79 20Section 79. Initial applicability.
SB727,28,2321 (1) This act first applies to a motion to terminate parental rights filed in a
22proceeding for which a petition is filed under s. 48.25 on the effective date of this
23subsection.
SB727,28,2424 (End)
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