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:

AB521,23,12 48.42 (1) (a) The name, birth date or anticipated birth date, and address of the child.

AB521, s. 27 Section 27 . 48.42 (1g) of the statutes is created to read:

AB521,24,10 48.42 (1g) Affidavit. (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. 767.60, 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 shall file with the petition an affidavit signed by the mother that includes all of the following:

AB521,24,12 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.

AB521,24,14 2. A statement acknowledging that the mother has been asked to identify the father of the child.

AB521,24,16 3. A statement that the mother knows and is identifying the father or that she does not know the identity of the father.

AB521,24,18 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.

AB521,24,21 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.

AB521,24,24 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.

AB521,25,4 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.

AB521,25,7 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.

AB521,25,11 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.

AB521,25,20 (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.

AB521,26,2 (c) If the mother relinquished custody of the child under s. 48.195 and has not subsequently identified herself as the child's mother or if the petitioner cannot locate the mother with reasonable diligence, the petitioner shall attach to the petition a statement that the mother relinquished custody of the child under s. 48.195 and has not subsequently identified herself as the child's mother or of the efforts the petitioner made to locate the mother instead of filing the affidavit under sub. (1).

Note: Requires a petitioner, other than a district attorney, corporation counsel, or other appropriate official, for the involuntary TPR of an alleged father of a nonmarital child who is under one year of age to file with the petition an affidavit signed by the birth mother if the mother has voluntarily consented to or seeks to voluntarily consent to the termination of her parental rights to the child. The affidavit must include all of the following:

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.

2. A statement acknowledging that the mother has been asked to identify the father of the child.

3. A statement that the mother knows and is identifying the father or that she does not know the identity of the father.

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.

5. If the mother states that she knows the identity of the father and is identifying the father, the father's name, age, and last-known mailing address and the last-known mailing address of the father's employer.