AB 560 — Relating to: termination of parental rights if a child has been placed outside the home for 15 of the last 22 months. (FE)

- 2020 LEGISLATURE LRBs0155/2LRB-3121/1 EAW:cdc ASSEMBLY SUBSTITUTE AMENDMENT 1, TO ASSEMBLY BILL 560 DecemberOctober 6,23, 2019 - OfferedIntroduced by RepresentatiNYDER.Representatives S NYDER, K ULP, DITTRICH, FELZKOWSKI , HORLACHER , JAMES , KATSMA , KERKMAN , K URTZ, M AGNAFICI, M ILROY, MURPHY, RAMTHUN , TUSLER, TRANEL, THIESFELDT, ANDER M EER and TITTL.

Referred to Committee on Family Law.

Analysis by the Legislative Reference Bureau This bill expands the termination of parental rights (TPR) ground based on a child's continuing need of protection or services.

Current law provides various grounds for an involuntary TPR, including continuing need of protection or services, which must be established by proving 1) that the child has been adjudged to be a child or juvenile in need of protection or services (CHIPS) and placed, or continued in a placement, outside the child's home pursuant to one or more orders of the court assigned to exercise jurisdiction under the Children's Code (juvenile court);

2) that the agency responsible for the care of the child has made a reasonable effort to provide the services ordered by the juvenile court;

and 3) that the child has been outside the home for a cumulative total period of six months or longer, the parent has failed to meet the conditions established for the safe return of the child to the home, and there is a substantial likelihood that the parent will not meet those conditions by the time the child has been placed outside the home for 15 of the last 22 months.

Under current law, if a child is placed outside of his or her home on a CHIPS order for 15 of the last 22 months, an agency or the district attorney, corporation counsel, or other appropriate official must file a TPR petition against the parent or parents.

Under current law, if such a petition is filed, the petitioner must establish that grounds exist for an involuntary TPR.

Under this bill, the involuntary TPR - 2020 Legislature - 2 - LRB-3121/1 EAW:cdc ASSEMBLY BILL 560 ground of continuing need of protection or services may be established by proving that a child has been placed outside of his or her home on a continuing CHIPS order for 15 of the last 22 months.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

48.415 (2) (b) That allthe ofchild thehas followingbeen apply,placed exceptoutside thatof ifhis aor parenther filedhome, theas petitiondescribed underin s.

48.25548.365 that(1) resultedor 938.365 (1), in a foster home, group home, nonsecured residential care center for children and youth, or shelter care facility for 15 of the ordermost underrecent subd.22 months, not including any period during which the child was a runaway from the out-of-home placement or was residing in a trial reunification home.

1.,(END) that parent's parental rights may not be terminated under this paragraph:

1.

That the child has been adjudged to be a child or an unborn child in need of protection or services and placed, or continued in a placement, outside his or her home pursuant to one or more court orders under s.

48.345, 48.347, 48.357, 48.363, or 48.365, containing the notice required by s.

48.356 (2).

LRBs0155/2 - 2020 Legislature - 2 - EAW:cdc SECTION 1 2.

That the child has been placed outside his or her home, as described in s.

48.365 (1), for 15 of the most recent 22 months, not including any period during which the child was a runaway from the out-of-home placement or was residing in a trial reunification home.

3.

That a review panel or court has not, in the 22 months prior to the filing of the petition to terminate parental rights, made a finding in a permanency review under s.

48.38 (5) or a permanency hearing under s.

48.38 (5m) that the agency failed to make reasonable efforts to achieve a permanency goal.

4.

If the child is an Indian child, 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 that active efforts under s.

48.028 (4) (e) 2.

have been made to prevent the breakup of the Indian child's family and those efforts have proved unsuccessful.

S ECTION 2.Initial applicability.

(1) This act first applies to a court order required to contain the notice under s.

48.356 (2) granted on the effective date of this subsec.ion (END)