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Termination
of parental rights
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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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