This bill also requires a parent's signature, in addition to counsel's signature, on
a notice of intent to appeal or notice of appeal from a TPR judgment, petition for rehearing
from a CHIPS adjudication or TPR judgment, or motion for postdisposition relief from a
CHIPS adjudication or TPR judgment.

TPR Participation by Alleged Father
Under current law, an alleged father must be served with a TPR summons and
petition. If paternity is then established during the TPR proceedings, the father may
further participate in the proceedings.
In order for an alleged father to participate in the TPR proceedings after paternity
has been established, at least one of the following must have occurred:
The alleged father has filed a declaration of paternal interest upon the child's
birth or upon receipt of the TPR petition, and the declaration has not been revoked.
The mother (or other source) alleges the man to be the father.
The man has lived in a familial relationship with the child and may be the father
of the child.
This bill removes the right of an alleged father who is determined in the TPR
proceedings to be the father, but who has not otherwise declared or established a
relationship with the child, to further participate in the proceedings. Specifically, under
the bill, a man determined to be the father may further participate in a TPR proceeding
only if the man: 1) filed a declaration of paternal interest upon the child's birth or upon
receipt of the TPR petition and the declaration has not been revoked; 2) established and
maintained a familial relationship with the child; or 3) establishes that he has been
deprived of the opportunity to assume parental responsibility for the child.
The bill retains the requirement that an alleged father be served with a TPR
summons and petition, regardless of whether the alleged father has declared or
established and maintained a familial relationship with the child.
AB152,1 1Section 1 . 48.13 (14) of the statutes is created to read:
AB152,6,82 48.13 (14) Who is less than 3 years of age and whose parent, within 3 years
3prior to the date of birth of the child, had his or her parental rights to another child
4involuntarily terminated by a court, if a judge or circuit court commissioner has
5found that the child should be continued in custody under s. 48.21 (4) and if that
6parent has the right to counsel under s. 48.23 and had that right during the
7proceeding under s. 48.21, unless this right has been knowingly and voluntarily
8waived.
Note: This Section creates a new ground on which the juvenile court has
jurisdiction over a child in need of protection or services. The ground grants the juvenile
court jurisdiction over a child who is under three years of age and whose parent has had
his or her parental rights to another child involuntarily terminated within three years
prior to the child's birth, if the juvenile court found at a TPC hearing that the child should
be continued in custody and if the parent has the right to counsel and had that right
during the TPC hearing, unless that right has been knowingly and voluntarily waived.
AB152,2 9Section 2. 48.21 (5) (b) 3. of the statutes is amended to read:
AB152,7,8
148.21 (5) (b) 3. If the judge or circuit court commissioner finds that any of the
2circumstances specified in s. 48.355 (2d) (b) 1. to 5. applies with respect to a parent,
3a determination that the county department, department, in a county having a
4population of 500,000 or more, or agency primarily responsible for providing services
5under the custody order is not required to make reasonable efforts with respect to the
6parent to make it possible for the child to return safely to his or her home, unless the
7judge or circuit court commissioner determines or has determined under a prior
8order that such efforts would be in the best interests of the child
.
Note: This Section specifies that at a TPC hearing for a child alleged to be in need
of protection or services, the juvenile court must determine that an agency is not required
to make reasonable efforts to return a child 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 child.
AB152,3 9Section 3. 48.23 (2) of the statutes is renumbered 48.23 (2) (a) and amended
10to read:
AB152,7,1611 48.23 (2) Right of parents parent to counsel. (a) Whenever a child is the
12subject of a proceeding involving a contested adoption or the an involuntary
13termination of parental rights, any parent under 18 years of age who appears before
14the court shall be represented by counsel; but and no such parent may waive counsel.
15Except as provided in sub. (2g), a minor parent petitioning for the voluntary
16termination of parental rights shall be represented by a guardian ad litem. If
AB152,7,21 17(b) In a proceeding involves involving a contested adoption or the an
18involuntary termination of parental rights, any parent 18 years old of age or older
19who appears before the court shall be represented by counsel; but the parent may
20waive counsel provided the court is satisfied such waiver is knowingly and
21voluntarily made
, except as provided in par. (c).
Note: This Section separates the current language governing the right to counsel
between a minor parent and a parent 18 years of age or over, and makes the right to

counsel for an adult parent subject to a waiver by an egregious and unjustifiable failure
to appear.
AB152,4 1Section 4. 48.23 (2) (c) and (d) of the statutes are created to read:
AB152,8,22 48.23 (2) (c) Counsel under this subsection may be waived as follows:
AB152,8,43 1. A parent 18 years of age or over may waive counsel if the court is satisfied
4that the waiver is knowingly and voluntarily made.
AB152,8,115 2. A parent 18 years of age or over is presumed to have waived his or her right
6to counsel and to appear by counsel if the court has ordered the parent to appear in
7person at any or all subsequent hearings in the proceeding, the parent fails to appear
8in person as ordered, and the court finds that the parent's conduct in failing to appear
9was egregious and without clear and justifiable excuse. Failure by a parent 18 years
10of age or over to appear in person at consecutive hearings as ordered by the court is
11presumed to be egregious and without clear and justifiable excuse.
AB152,8,1312 3. If a parent 18 years of age or over waives counsel under subd. 1. or 2., the
13court may discharge counsel.
AB152,8,1614 (d) In a proceeding to vacate a default judgment or for reconsideration of a
15default judgment terminating parental rights, a parent who had waived counsel
16shall be represented by counsel, except as provided in par. (c) 1. or 2.
Note: This Section provides that a parent 18 years of age or over who was ordered
to appear in person at hearings for an involuntary TPR or contested adoption proceeding,
but who has failed to appear, is considered to have waived the right to counsel, if the
juvenile court finds that the parent's conduct in failing to appear was egregious and
without clear and justifiable excuse. The bill provides that consecutive failures by an
adult parent to appear are presumed to be egregious and without clear and justifiable
excuse. The bill also provides that a right to counsel is reinstated for a motion to vacate
or reconsider a default TPR judgment, if counsel was waived during the TPR proceeding
in which the default judgement was entered.
AB152,5 17Section 5. 48.27 (3) (b) 2. of the statutes is amended to read:
AB152,9,1018 48.27 (3) (b) 2. A court is not required to provide notice, under subd. 1., to any
19person who may be the father of a child conceived as a result of a sexual assault if

1a physician attests to his or her belief that there was
if a sexual assault of the child's
2mother that may have resulted in the child's conception is proved by a final judgment
3of conviction or other evidence. A person who is not given notice under this
4subdivision does not have standing to appear and contest a petition under s. 48.13
5or 48.133, present evidence relevant to the issue of disposition, or make alternative
6dispositional recommendations. This subdivision does not apply to a person who may
7be the father of a child conceived as a result of a sexual assault under s. 948.02 (1)
8(b) or (e) or (2) or 948.09, if that person was under 18 years of age at the time of the
9sexual assault and was not more than 4 years older or not more than 4 years younger
10than the victim and if the assault did 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 CHIPS
proceeding to a person who may be the father of the child, and instead requires proof of
a sexual assault by a final judgment of conviction or other evidence. This Section,
however, requires notice of a CHIPS proceeding to be given to a father who was under age
18 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.
AB152,6 11Section 6. 48.32 (1) (b) 2. of the statutes is amended to read:
AB152,9,2012 48.32 (1) (b) 2. If the judge or circuit court commissioner finds that any of the
13circumstances specified in s. 48.355 (2d) (b) 1. to 5. applies with respect to a parent,
14the consent decree shall include a determination that the county department,
15department, in a county having a population of 500,000 or more, or agency primarily
16responsible for providing services under the consent decree is not required to make
17reasonable efforts with respect to the parent to make it possible for the child to return
18safely to his or her home, unless the judge or circuit court commissioner determines
19or has determined under a prior order that such efforts would be in the best interests
20of the child
.
Note: This Section specifies that in a CHIPS consent decree the juvenile court
must determine that an agency is not required to make reasonable efforts to return a child

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 child.
AB152,7 1Section 7. 48.355 (2) (b) 6r. of the statutes is amended to read:
AB152,10,92 48.355 (2) (b) 6r. If the court finds that any of the circumstances specified in
3sub. (2d) (b) 1. to 5. applies with respect to a parent, a determination that the county
4department, department, in a county having a population of 500,000 or more, or
5agency primarily responsible for providing services under the court order is not
6required to make reasonable efforts with respect to the parent to make it possible for
7the child to return safely to his or her home, unless the court determines or has
8determined under a prior order that such efforts would be in the best interests of the
9child
.
Note: This Section requires the juvenile court to include in a CHIPS dispositional
order a determination that an agency is not required to make reasonable efforts to return
a child 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
child.
AB152,8 10Section 8. 48.355 (2d) (b) (intro.) of the statutes is amended to read:
AB152,11,211 48.355 (2d) (b) (intro.) Notwithstanding sub. (2) (b) 6., the The court is not
12required to shall include in a dispositional order a finding as to whether
13determination that the county department, the department, in a county having a
14population of 500,000 or more, or the agency primarily responsible for providing
15services under a court order has made is not required to make reasonable efforts with
16respect to a parent of a child to prevent the removal of the child from the home, while
17assuring that the child's health and safety are the paramount concerns,
or a finding
18as to whether the county department, department, or agency has made reasonable
19efforts with respect to a parent of a child
or to achieve the permanency goal of
20returning the child safely to his or her home, unless the court determines or has

1determined under a prior order that such efforts would be in the best interests of the
2child
, if the court finds any of the following:
Note: This Section requires the juvenile court to include in a CHIPS dispositional
order a determination that an agency is not required to make reasonable efforts to
prevent a child's removal or return a child 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 child.
AB152,9 3Section 9 . 48.355 (2d) (c) of the statutes is renumbered 48.355 (2d) (c) (intro.)
4and amended to read:
AB152,11,65 48.355 (2d) (c) If the court finds that any of the circumstances specified in par.
6(b) 1. to 5. applies with respect to a parent, the court shall hold do all of the following:
AB152,11,9 72. Hold a hearing under s. 48.38 (4m) within 30 days after the date of that
8finding to determine the permanency goal and, if applicable, any concurrent
9permanency goals for the child.
AB152,10 10Section 10 . 48.355 (2d) (c) 1. of the statutes is created to read:
AB152,11,1511 48.355 (2d) (c) 1. Include in the order a determination that the person or agency
12primarily responsible for providing services to the child is not required to make
13reasonable efforts with respect to the parent to make it possible for the child to return
14safely to his or her home, unless the court determines that such efforts would be in
15the best interests of the child.
Note: Sections 9 and 10 require the juvenile court to include in a CHIPS
dispositional order a determination that an agency is not required to make reasonable
efforts to return a child 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 child.
AB152,11 16Section 11. 48.357 (2v) (a) 3. of the statutes is amended to read:
AB152,12,317 48.357 (2v) (a) 3. If the court finds that any of the circumstances specified in
18s. 48.355 (2d) (b) 1. to 5. applies with respect to a parent, a determination that the
19agency primarily responsible for providing services under the change in placement
20order is not required to make reasonable efforts with respect to the parent to make

1it possible for the child to return safely to his or her home , unless the court
2determines or has determined under a prior order that such efforts would be in the
3best interests of the child
.
Note: This Section specifies that in a CHIPS change-in-placement order the
juvenile court must determine that an agency is not required to make reasonable efforts
to return a child 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 child.
AB152,12 4Section 12. 48.365 (2m) (a) 2. of the statutes is amended to read:
AB152,12,115 48.365 (2m) (a) 2. If the judge finds that any of the circumstances specified in
6s. 48.355 (2d) (b) 1. to 5. applies with respect to a parent, the order shall include a
7determination that the person or agency primarily responsible for providing services
8to the child is not required to make reasonable efforts with respect to the parent to
9make it possible for the child to return safely to his or her home , unless the judge
10determines or has determined under a prior order that such efforts would be in the
11best interests of the child
.
Note: This Section specifies that in a CHIPS extension order, the juvenile court
must determine that an agency is not required to make reasonable efforts to return a child
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 child.
AB152,13 12Section 13. 48.415 (2) (a) 2. b. of the statutes is amended to read:
AB152,12,1913 48.415 (2) (a) 2. b. That the agency responsible for the care of the child and the
14family or of the unborn child and expectant mother has made a reasonable effort to
15provide the services ordered by the court, excluding any period during which the
16responsible agency was not required under s. 48.355 (2) (b) 6r., 48.357 (2v) (a) 3.,
1748.365 (2m) (a) 2., 938.355 (2) (b) 6r., 938.357 (2v) (a) 3., or 938.365 (2m) (a) 2. to make
18reasonable efforts with respect to a parent to make it possible for the child to return
19safely to his or her home
.
Note: This Section specifies that, for the TPR ground of continuing CHIPS, the
requirement that reasonable efforts have been made to provide the services ordered by

the juvenile court does not apply to any period when reasonable efforts for reunification
were not required by the juvenile court.
AB152,14 1Section 14. 48.415 (2) (a) 3. of the statutes is amended to read:
AB152,13,132 48.415 (2) (a) 3. That the child has been outside the home for a cumulative total
3period of 6 months or longer pursuant to such orders not including time spent outside
4the home as an unborn child; and that the parent has failed to meet the conditions
5established for the safe return of the child to the home and there is a substantial
6likelihood that the parent will not meet these conditions within the 9-month period
7following the fact-finding hearing under s. 48.424
; and, if the child has been placed
8outside of his or her home for less than 15 of the last 22 months, that there is a
9substantial likelihood that the parent will not meet these conditions as of the date
10on which the child will have been placed outside of his or her home pursuant to such
11orders for 15 of the most recent 22 months, not including any period during which
12the child was a runaway from the out-of-home placement or was residing in a trial
13reunification home
.
Note: This Section revises the continuing CHIPS ground for involuntary TPR to
eliminate the requirement to show that a parent is substantially likely to not meet the
conditions for the safe return of the child within the next nine months following the
fact-finding hearing. If, however, the child has been placed outside the home for less than
15 of the last 22 months, the petitioner must show that there is a substantial likelihood
that the parent will not meet the conditions at the time the child will reach the 15th of
the last 22 months of placement outside the home.
AB152,15 14Section 15. 48.415 (3) (a) of the statutes is amended to read:
AB152,14,215 48.415 (3) (a) The parent is presently, and for a cumulative total period of at
16least 2 years 15 months within the 5 years 22 months immediately prior to the filing
17of the petition has been, an inpatient at one or more hospitals, as defined in s. 50.33
18(2) (a), (b) or (c), licensed approved treatment facilities as defined in s. 51.01 (2), or
19state treatment facilities, as defined in s. 51.01 (15), on account of mental illness, as

1defined in s. 51.01 (13) (a) or (b), developmental disability , as defined in s. 55.01 (2),
2or other like incapacities, as defined in s. 55.01 (5);
Note: This Section revises the TPR ground of a continuing parental disability to
require a parent to have had inpatient treatment history for at least 15 of the last 22
months prior to the filing of the TPR petition, rather than an inpatient treatment history
for at least two of the last five years. This Section also corrects the terminology for an
"approved treatment facility," as defined in the statutes.
AB152,16 3Section 16. 48.415 (5) (a) of the statutes is amended to read:
AB152,14,74 48.415 (5) (a) That the parent has caused death or injury to a child or children
5resulting in a, which may be proved by a final judgment of felony conviction or other
6evidence produced at a fact-finding hearing under s. 48.424 indicating that the
7person caused the death or injury
.
Note: This Section revises the TPR ground of a pattern of child abuse to allow
evidence of the criminal conduct itself to be proven, as an alternative to allowing proof
by a final judgment of conviction.
AB152,17 8Section 17. 48.415 (8) of the statutes is amended to read:
AB152,15,29 48.415 (8) Homicide or solicitation to commit homicide of parent. Homicide
10or solicitation to commit homicide of a parent, which shall be established by proving
11that a parent of the child has been a victim of first-degree intentional homicide in
12violation of s. 940.01, first-degree reckless homicide in violation of s. 940.02, or
132nd-degree intentional homicide in violation of s. 940.05 or a crime under federal law
14or the law of any other state that is comparable to any of those crimes, or has been
15the intended victim of a solicitation to commit first-degree intentional homicide in
16violation of s. 939.30 or a crime under federal law or the law of any other state that
17is comparable to that crime, and that the person whose parental rights are sought
18to be terminated has been convicted of committed that intentional or reckless
19homicide, or solicitation or comparable crime under federal law or the law of any
20other state as evidenced by a final judgment of conviction or other evidence produced

1at a fact-finding hearing under s. 48.424 indicating that the person committed or
2solicited homicide of a parent as described in this subsection
.
Note: This Section revises the TPR ground of homicide, or a solicitation to commit
homicide, of the child's other parent to allow evidence of the criminal conduct itself to be
proven, as an alternative to allowing proof by a final judgment of conviction.
AB152,18 3Section 18. 48.415 (9) (a) of the statutes is amended to read:
AB152,15,124 48.415 (9) (a) Parenthood Except as provided in par. (c), parenthood as a result
5of sexual assault, which shall be established by proving that the child was conceived
6as a result of a sexual assault in violation of s. 940.225 (1), (2) , or (3), 948.02 (1) or
7(2), 948.025, or 948.085. Conception as a result of sexual assault as specified in this
8paragraph may be proved by a final judgment of conviction or other evidence
9produced at a fact-finding hearing under s. 48.424 indicating that the person who
10may be the father
parent of the child committed, during a possible time of conception,
11a sexual assault as specified in this paragraph against the mother other parent of the
12child.
Note: This Section revises the TPR ground of conception as a result of sexual
assault to apply that ground equally to a mother, as well as a father, who commits a sexual
assault leading to the conception of a child, rather than referring only to the father as the
person who committed the sexual assault.
AB152,19 13Section 19. 48.415 (9) (b) of the statutes is amended to read:
AB152,15,1814 48.415 (9) (b) If the conviction or other evidence specified in par. (a) indicates
15that the child was conceived as a result of a sexual assault in violation of s. 948.02
16(1) or (2) or 948.085, the mother of the child parent who was the victim of the sexual
17assault
may be heard on his or her desire for the termination of the father's other
18person's
parental rights.
Note: This Section specifies that a juvenile court must allow either a mother or
father who was a victim of sexual assault of a minor, or a victim of sexual assault of a
minor by an out-of-home care provider, to be heard on his or her desires regarding the
TPR of the other parent, rather than allowing only a mother, as a victim, to be heard.
AB152,20 19Section 20. 48.415 (9) (c) of the statutes is created to read:
AB152,16,5
148.415 (9) (c) This subsection does not apply to a parent who committed sexual
2assault under s. 948.02 (1) (b) or (e) or (2) or 948.09, if that person was under 18 years
3of age at the time of the sexual assault and was not more than 4 years older or not
4more than 4 years younger than the victim and if the assault did not involve the use
5or threat of force or violence.
Note: This Section specifies that the TPR ground of conception as a result of
sexual assault is inapplicable to a person who committed a nonviolent sexual assault of
a minor, if the person was also a minor at the time of the assault and the age difference
between the person and the victim is four years or less.
AB152,21 6Section 21. 48.415 (9m) (a) of the statutes is amended to read:
AB152,16,137 48.415 (9m) (a) Commission of a serious felony against one of the person's
8children, which shall be established by proving that a child of the person whose
9parental rights are sought to be terminated was the victim of a serious felony and
10that the person whose parental rights are sought to be terminated has been convicted
11of
committed that serious felony as evidenced by a final judgment of conviction or
12other evidence produced at a fact-finding hearing under s. 48.424 indicating that the
13person committed a serious felony against one of the person's children
.
Note: This Section revises the TPR ground of felony against a child to allow
evidence of the criminal conduct itself to be proven, as an alternative to allowing proof
by a final judgment of conviction.
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.
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