346+ pp.; 3rd ed. 2017
(Includes 2018-19, 2020-21 and 2022-23 supplements)
- Introduction
- Practice and Procedure
- General Information and Ascertainment of Paternity
- Nonappearing Birth Parent's TPR
- Independent Adoptive Placement
- Appearing Birth Parent's Consent to TPR
- TPR Checklist for the Court, Counsel, and Agency Worker
Helpful Appendices
- Statutorily Presumed Conceptive Periods
- Indian Child Welfare Act and Wisconsin Indian Child Welfare Act
- Servicemembers Civil Relief Act
- Birth Mother's Statement of Rights, Responsibilities, and Options, and Voluntary Consent to Termination of Parental Rights
- Birth Father's Statement of Rights, Responsibilities, and Options, and Voluntary Consent to Termination of Parental Rights
- T.M.F. v. Children’s Serv. Soc’y of Wis. (In the Interest of D.L.S.)
The 2022-2023 supplement includes a number of changes such as:
- The new addition of a timeline, set out in a checklist format, describing the key steps in a TPR proceeding, from filing the petition through seeking postdispositional relief
- A Wisconsin Supreme Court opinion, decided in 2021, that addressed whether parental rights could be terminated on continuing CHIPS grounds under a statute amended in 2018 if a parent initially received notice of possible TPR under the old statute
- Expanded discussions of considerations for conducting discovery in TPR cases
The 2020-21 supplement includes a number of changes such as:
- The Wisconsin Legislature’s enactment of legislation (effective August 1, 2020) relating to the presumption and conclusive determination of paternity on the basis of genetic test results
- A Wisconsin Supreme Court ruling on whether reversible error occurred when a circuit court found a parent unfit in a TPR proceeding before the parent had an opportunity to present a defense
- A Wisconsin Court of Appeals decision that discussed whether a petitioner can establish the TPR ground of abandonment if the parent’s child has been removed from the parent’s home pursuant to a CHIPS order
- Recent Wisconsin Court of Appeals opinions that addressed whether parental rights could be terminated on continuing CHIPS grounds under a statute amended in 2018 if a parent initially received notice of possible TPR under the old statute
In addition, sample forms in the book’s appendices have been reformatted; a checkbox with new language has been added to the notary’s portion of the sample form in appendix F for use in cases involving remote notarization.
The 2018-19 supplement incorporates a number of important legal developments such as:
- The Wisconsin Legislature’s creation of a new time period for showing evidence that a parent will not meet conditions for safe return of the child after a TPR fact-finding hearing
- Legislative amendments extending discovery rules to TPR and adoption cases
- Amendments to the Wisconsin Rules of Appellate Procedure requiring appellants to sign the notice of appeal in TPR cases
In addition, sample forms have been reformatted to comply with e-filing requirements, including the new format for documents requiring a court official’s signature.
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