Termination of Parental Rights

Statute pertaining to termination of parental rights - Chapter 48.41-48.46 also found as pdf file at:
 
http://www.legis.state.wi.us/statutes/01Stat0048.pdf
 
A  "LEGAL MEMORANDUM ON TERMINATION OF PARENTAL RIGHTS" is available at:
 
http://www.legis.state.wi.us/lc/jlc00/LM_2000_13.pdf
 
Supreme Court Cases relative to termination of parental rights are discussed at:
 
http://home.rica.net/rthoma/supreme-court.htm
 
 
Please be aware that it is EXTREMELY difficult (but not undoable) to terminate parental rights involuntarily.  It is very easy to do voluntarily, if that is the case.  You got to be a very VERY screwed up parent and over time and tries.  This is not a simple matter, you must be informed of your rights, right to representation, and if you are indigent the court must provide you with a lawyer.  If the court transfers legal custody of a child under this subsection (767.24), in its order the court shall notify the parents of any applicable grounds for termination of parental rights under s. 48.415.
 
Wisconsin has enacted a ground for termination of parental rights consistent with this Guideline, except that it allows the parent 6 months to demonstrate "substantial progress." Specifically, Wisconsin law authorizes termination of parental rights based on "continuing need of protection or services," which is established by proving all of the following:
 
That the child has been adjudged to be 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 [citing Wisconsin statutes].
 
In this paragraph, "diligent effort means an earnest and conscientious effort to take good faith steps to provide the services ordered by the court," which takes into consideration the characteristics of the parent or child, the level of cooperation of the parent and other relevant circumstances of the case.  That the agency responsible for the care of the child and the family has made a diligent effort to provide the services ordered by the court.
 
That the child has been outside the home for a cumulative total period of 6 months or longer pursuant to such orders; and that the parent has failed to demonstrate substantial progress toward meeting the conditions established for the return of the child to the home. There is also a substantial likelihood that the parent will not meet these conditions within the 12-month period following the [adjudication]. Wisc. Stat. §48.415(intro)(b), (2), as amended by 1997 Wisc. Act 35, §98.
 
 
For more information about the legal process go to legal resources.


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