Wisconsin Parental Termination Laws
Chapter 48 of the Wisconsin Statutes governs the termination of parental rights. Parental rights can either be relinquished voluntarily or terminated by an order of the court. In either case, the state of Wisconsin requires a Guardian ad Litem be appointed to represent the best interest of the child who is subject to the proceedings. Any parent whose rights have been terminated may appeal the decision, but must notify the court of her intent to appeal within 30 days of the final ruling.
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Voluntary Termination Laws
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In order for a parent to voluntarily terminate parental rights, he must appear in court. The judge will explain the effect of terminating parental rights and question the parent. Once the judge is satisfied, the parent has a full understanding of the proceedings and the consent is given voluntarily, the judge will make a ruling. In the event a parent is unable to appear before the judge, the court will accept written consent given by the parent before a consul or embassy official, military judge or judge from any court of record. The consent must be accompanied by a signed statement from the officiating party that the consent was informed and given voluntarily. A presumptive father may terminate his parental rights by providing a notarized statement to the court that acknowledges the effect of voluntarily relinquishing his parental rights. If the court finds the consenting parent unable to give informed or voluntary consent, the case for termination will be dismissed without prejudice (can be pursued later.)
Involuntary Termination Laws
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When a petition is brought forth, either by the state, the other parent or prospective adoptive parents, a fact-finding hearing will be held to determine if grounds exist for the involuntary termination of parental rights. Section 48.415 of the Wisconsin Statutes outlines the grounds for involuntary termination of parental rights as abandonment, abuse or neglect, long-term mental illness of the parent, long-term drug or alcohol induced incapacity of the parent or a failure to support or maintain contact with the child. If the rights of the parent have been terminated for another child, or the child was born in an incestuous relationship or is the product of a sexual assault, the court will also consider these as grounds for involuntary termination.
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Guardian ad Litem
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A Guardian ad Litem is an attorney licensed by the State of Wisconsin to represent the interests of the child and does not act on behalf of the petitioner or respondent. The petitioner for termination of parental rights is required to retain and pay the Guardian ad Litem. It is the responsibility of the Guardian ad Litem to make recommendations to the court regarding the best interests of the child. In voluntary relinquishment cases, it is the Guardian ad Litem’s responsibility to inform the court, if at any time during the proceedings, she feels the consenting parent is incapable of giving informed or voluntary consent to the termination. In that event, the court will make inquiries into the capacity of the consenting parent and rule accordingly.
Termination Procedure and Documents
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To initiate a termination of parental rights proceeding, a petition must be filed that contains the name, date of birth and address of the child, the names and addresses of the child’s parents or guardians and a statement that either consent to termination is given or involuntary termination will be sought. If involuntary termination is being sought, a statement outlining the facts and circumstances being alleged must accompany the petition. All parties to the case must be served a summons either by a process server or through certified mail. The summons must contain the name and date of birth of the child, as well as the purpose, location, date and time of the hearing. The summons must advise the parties of their legal rights and the possible consequences of failing to appear. An initial hearing will be held within 30 days of the filing of the petition to establish whether the petition is being contested. If the petition is uncontested, the judge will make a ruling on the petition. If the petition is contested, a date will be set to hear arguments. Either party may request a jury trial to hear the case and make a decision.
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