48.42(1)(c)1.
1. A statement that consent will be given to termination of parental rights as provided in s.
48.41.
48.42(1)(c)2.
2. A statement of the grounds for involuntary termination of parental rights under s.
48.415 and a statement of the facts and circumstances which the petitioner alleges establish these grounds.
48.42(1)(d)
(d) A statement of whether the child may be subject to the federal Indian Child Welfare Act,
25 USC 1901 to
1963, and, if the child may be subject to that act, the names of the child's Indian custodian, if any, and tribe, if known.
48.42(1)(e)
(e) If the petition is seeking the involuntary termination of parental rights to an Indian child, reliable and credible information showing that continued custody of the Indian child by the Indian child's parent or Indian custodian is likely to result in serious emotional or physical damage to the Indian child under s.
48.028 (4) (e) 1. and reliable and credible information showing that active efforts under s.
48.028 (4) (e) 2. have been made to prevent the breakup of the Indian child's family and that those efforts have proved unsuccessful.
48.42(1g)(a)(a) Except as provided in par.
(c), if the petition is filed by a person or agency other than the district attorney, corporation counsel, or other appropriate official under s.
48.09; if the petition seeks to terminate the parental rights of a person who may be the father of a nonmarital child who is under one year of age at the time the petition is filed, who is not adopted or whose parents do not subsequently intermarry under s.
767.803, and whose paternity has not been established; and if the mother of the child has voluntarily consented to or seeks to voluntarily consent to the termination of her parental rights to the child, the petitioner may file with the petition an affidavit signed by the mother that includes all of the following:
48.42(1g)(a)1.
1. A statement that the mother has voluntarily consented to or seeks to voluntarily consent to the termination of her parental rights to the child.
48.42(1g)(a)2.
2. A statement acknowledging that the mother has been asked to identify the father of the child.
48.42(1g)(a)3.
3. A statement that the mother knows and is identifying the father or that she does not know the identity of the father.
48.42(1g)(a)4.
4. A statement identifying any man who has lived in a familial relationship with the child and who may be the father of the child.
48.42(1g)(a)5.
5. If the mother states that she knows and is identifying the father under subd.
3. or
4., the father's name, age, and last-known mailing address, and the last-known mailing address of the father's employer.
48.42(1g)(a)6.
6. If the mother states that she does not know the identity of the father, an explanation of why she is unable to identify him and a physical description of the father.
48.42(1g)(a)7.
7. A statement that the mother has been informed and understands that if she misidentifies the father, she is permanently barred from attacking the termination of the father's or her parental rights on the basis that the father was not correctly identified.
48.42(1g)(a)8.
8. A statement that the mother understands that she may be prosecuted under s.
946.32 (2) for false swearing if she makes a false statement that she does not believe is true in the affidavit under this paragraph.
48.42(1g)(a)9.
9. A statement that the mother has reviewed and understands the affidavit, the name of the person who explained the affidavit and the consequences of signing the affidavit to her, and a statement that the mother is signing the affidavit voluntarily.
48.42(1g)(b)
(b) The petitioner shall notify any man identified in the affidavit under par.
(a) as an alleged father of his right to file a declaration of paternal interest under s.
48.025 before the birth of the child, within 14 days after the birth of the child, or within 21 days after the date on which the notice is mailed, whichever is later; of the birth date or anticipated birth date of the child; and of the consequences of filing or not filing a declaration of paternal interest. The petitioner shall include with the notice a copy of the form required to file a declaration of paternal interest under s.
48.025. The notice shall be sent by certified mail to the last-known address of the alleged father.
48.42(1g)(c)
(c) If an affidavit under par.
(a) is not filed with the petition, notice shall be given to an alleged father under sub.
(2).
48.42(1m)(a)
(a) If the petition filed under sub.
(1) includes a statement of the grounds for involuntary termination of parental rights under sub.
(1) (c) 2., the petitioner may, at the time the petition under sub.
(1) is filed, also petition the court for a temporary order and an injunction prohibiting the person whose parental rights are sought to be terminated from visiting or contacting the child who is the subject of the petition under sub.
(1). Any petition under this paragraph shall allege facts sufficient to show that prohibiting visitation or contact would be in the best interests of the child.
48.42(1m)(b)
(b) Subject to par.
(e), the court may issue the temporary order ex parte or may refuse to issue the temporary order and hold a hearing on whether to issue an injunction. The temporary order is in effect until a hearing is held on the issuance of an injunction. The court shall hold a hearing on the issuance of an injunction on or before the date of the hearing on the petition to terminate parental rights under s.
48.422 (1).
48.42(1m)(c)
(c) Notwithstanding any other order under s.
48.355 (3), the court, subject to par.
(e), may grant an injunction prohibiting the respondent from visiting or contacting the child if the court determines that the prohibition would be in the best interests of the child. An injunction under this subsection is effective according to its terms but may not remain in effect beyond the date the court dismisses the petition for termination of parental rights under s.
48.427 (2) or issues an order terminating parental rights under s.
48.427 (3).
48.42(1m)(e)1.1. Except as provided in subd.
2., the court shall issue a temporary order and injunction prohibiting a parent of a child from visitation or contact with the child if the parent has been convicted under s.
940.01 of the first-degree intentional homicide, or under s.
940.05 of the 2nd-degree intentional homicide, of the child's other parent, and the conviction has not been reversed, set aside or vacated.
48.42(1m)(e)2.
2. Subdivision
1. does not apply if the court determines by clear and convincing evidence that the visitation or contact would be in the best interests of the child. The court shall consider the wishes of the child in making that determination.
48.42(2)
(2)
Who must be summoned. Except as provided in sub.
(2m), the petitioner shall cause the summons and petition to be served upon the following persons:
48.42(2)(a)
(a) The parent or parents of the child, unless the child's parent has waived the right to notice under s.
48.41 (2) (d).