Wisconsin Statutes & Annotations
Chapter 48 - Children's code.
48.46 - New evidence; relief from judgment terminating parental rights.

48.46 New evidence; relief from judgment terminating parental rights.
(1) Except as provided in subs. (1m), (2), and (3), the child whose status is adjudicated by the court, the parent, guardian, or legal custodian of that child, the guardian ad litem of an unborn child whose status is adjudicated by the court, or the expectant mother of that unborn child may at any time within one year after the entering of the court's order petition the court for a rehearing on the ground that new evidence has been discovered affecting the advisability of the court's original adjudication. Upon a showing that such evidence does exist, the court shall order a new hearing.
(1m) Except as provided in sub. (2), the parent, guardian or legal custodian of the child or the child whose status is adjudicated by the court in an order entered under s. 48.43 or an order adjudicating paternity under subch. VIII may, within the time permitted under this subsection, petition the court for a rehearing on the ground that new evidence has been discovered affecting the advisability of the court's adjudication. Upon a showing that such evidence does exist, the court shall order a new hearing. A petition under this subsection shall be filed within one year after the date on which the order under s. 48.43 or order adjudicating paternity under subch. VIII is entered, unless within that one-year period a court in this state or in another jurisdiction enters an order granting adoption of the child, in which case a petition under this subsection shall be filed before the date on which the order granting adoption is entered or within 30 days after the date on which the order under s. 48.43 or order adjudicating paternity under subch. VIII is entered, whichever is later.
(2) A parent who has consented to the termination of his or her parental rights under s. 48.41 or who did not contest the petition initiating the proceeding in which his or her parental rights were terminated may move the court for relief from the judgment on any of the grounds specified in s. 806.07 (1) (a), (b), (c), (d) or (f). Any such motion shall be filed within 30 days after the entry of the judgment or order terminating parental rights, unless the parent files a timely notice of intent to pursue relief from the judgment under s. 808.04 (7m), in which case the motion shall be filed within the time permitted by s. 809.107 (5). A motion under this subsection does not affect the finality or suspend the operation of the judgment or order terminating parental rights. A parent who has consented to the termination of his or her parental rights to an Indian child under s. 48.41 (2) (e) may also move for relief from the judgment under s. 48.028 (5) (c) or (6). Motions under this subsection or s. 48.028 (5) (c) or (6) and appeals to the court of appeals shall be the exclusive remedies for such a parent to obtain a new hearing in a termination of parental rights proceeding.
(3) An adoptive parent who has been granted adoption of a child under s. 48.91 (3) may not petition the court for a rehearing under sub. (1) or move the court under s. 806.07 for relief from the order granting adoption. A petition for termination of parental rights under s. 48.42 and an appeal to the court of appeals shall be the exclusive remedies for an adoptive parent who wishes to end his or her parental relationship with his or her adopted child.
History: 1977 c. 449; 1979 c. 300; 1987 a. 383; Sup. Ct. Order, 146 Wis. 2d xxxiii (1988); 1995 a. 275; 1997 a. 104, 114, 252, 292; 2009 a. 94; 2013 a. 170.
Judicial Council Note, 1988: Sub. (2) limits the remedies for relief from a judgment or order terminating parental rights when the aggrieved party is a parent whose rights were terminated by consent or who has failed to contest the petition. The motion for relief from the judgment or order must be filed within 40 days after entry of the judgment or order terminating parental rights, unless the appellate process is timely initiated, in which case the motion must be filed within 60 days after service of the transcript. The court must grant a rehearing upon a prima facie showing of one or more of the following grounds: mistake, inadvertence, surprise or excusable neglect; newly discovered evidence justifying a new hearing under s. 805.15 (3); fraud, misrepresentation or other misconduct of an adverse party; the judgment or order is void; the judgment or order is based upon a prior judgment which has been reversed or otherwise vacated. [Re Order effective Jan. 1, 1989]
Affidavits by a mother that she consented to a termination of her parental rights under duress and by her attorney as to what he expected to prove were not sufficient for a rehearing. Schroud v. Milwaukee County Department of Public Welfare, 53 Wis. 2d 650, 193 N.W.2d 671 (1972).

Structure Wisconsin Statutes & Annotations

Wisconsin Statutes & Annotations

Chapter 48 - Children's code.

48.01 - Title and legislative purpose.

48.02 - Definitions.

48.022 - Electronic filing.

48.023 - Guardianship.

48.025 - Declaration of paternal interest in matters affecting children.

48.027 - Child custody jurisdiction.

48.028 - Indian child welfare.

48.029 - Pregnancy testing prohibited.

48.03 - Time and place of court; absence or disability of judge; court of record.

48.035 - Court; Menominee and Shawano counties.

48.04 - Employees of court.

48.06 - Services for court.

48.067 - Powers and duties of intake workers.

48.069 - Powers and duties of disposition staff.

48.07 - Additional sources of court services.

48.08 - Duties of person furnishing services to court.

48.09 - Representation of the interests of the public.

48.10 - Power of the judge to act as intake worker.

48.11 - Advisory board.

48.13 - Jurisdiction over children alleged to be in need of protection or services.

48.133 - Jurisdiction over unborn children in need of protection or services and the expectant mothers of those unborn children.

48.135 - Referral of children and expectant mothers of unborn children to proceedings under chapter 51 or 55.

48.14 - Jurisdiction over other matters relating to children.

48.15 - Jurisdiction of other courts to determine legal custody.

48.16 - Jurisdiction over petitions for waiver of parental consent to a minor's abortion.

48.185 - Venue.

48.19 - Taking a child into custody.

48.193 - Taking an adult expectant mother into custody.

48.195 - Taking a newborn child into custody.

48.20 - Release or delivery of child from custody.

48.203 - Release or delivery of adult expectant mother from custody.

48.205 - Criteria for holding a child or expectant mother in physical custody.

48.207 - Places where a child or expectant mother may be held in nonsecure custody.

48.208 - Criteria for holding a child in a juvenile detention facility.

48.209 - Criteria for holding a child in a county jail.

48.21 - Hearing for child in custody.

48.213 - Hearing for adult expectant mother in custody.

48.215 - Mother-young child care program.

48.217 - Change in placement; child or expectant mother held in custody.

48.227 - Runaway homes.

48.23 - Right to counsel.

48.233 - Five-county pilot program.

48.235 - Guardian ad litem.

48.236 - Court-appointed special advocate.

48.24 - Receipt of jurisdictional information; intake inquiry.

48.243 - Basic rights: duty of intake worker.

48.245 - Informal disposition.

48.25 - Petition: authorization to file.

48.255 - Petition; form and content.

48.257 - Petition to initiate a procedure to waive parental consent prior to a minor's abortion.

48.263 - Amendment of petition.

48.27 - Notice; summons.

48.273 - Service of summons or notice; expense.

48.275 - Parents' contribution to cost of court and legal services.

48.28 - Failure to obey summons; capias.

48.29 - Substitution of judge.

48.293 - Discovery.

48.295 - Physical, psychological, mental or developmental examination.

48.297 - Motions before trial.

48.299 - Procedures at hearings.

48.30 - Plea hearing.

48.305 - Hearing upon the involuntary removal of a child or expectant mother.

48.31 - Fact-finding hearing.

48.315 - Delays, continuances and extensions.

48.317 - Jeopardy.

48.32 - Consent decree.

48.33 - Court reports.

48.335 - Dispositional hearings.

48.345 - Disposition of child or unborn child of child expectant mother adjudged in need of protection or services.

48.347 - Disposition of unborn child of adult expectant mother adjudged in need of protection or services.

48.35 - Effect of judgment and disposition.

48.355 - Dispositional orders.

48.356 - Duty of court to warn.

48.357 - Change in placement; child or expectant mother subject to dispositional order.

48.358 - Trial reunification.

48.36 - Payment for services.

48.361 - Payment for alcohol and other drug abuse services.

48.362 - Payment for certain special treatment or care services.

48.363 - Revision of dispositional orders.

48.365 - Extension of orders.

48.366 - Extended out-of-home care.

48.368 - Continuation of dispositional orders.

48.37 - Costs and fees.

48.371 - Access to certain information by substitute care provider.

48.373 - Medical authorization.

48.375 - Parental consent required prior to abortion; judicial waiver procedure.

48.38 - Permanency planning.

48.383 - Reasonable and prudent parent standard.

48.385 - Plan for transition to independent living.

48.396 - Records.

48.40 - Definitions.

48.41 - Voluntary consent to termination of parental rights.

48.415 - Grounds for involuntary termination of parental rights.

48.417 - Petition for termination of parental rights; when required.

48.42 - Procedure.

48.422 - Hearing on the petition.

48.423 - Rights of persons alleging paternity.

48.424 - Fact-finding hearing.

48.425 - Court report by an agency.

48.426 - Standard and factors.

48.427 - Dispositions.

48.43 - Court orders; contents and effect; review.

48.432 - Access to medical information.

48.433 - Access to identifying information about parents.

48.434 - Release of identifying information by an agency when authorization is granted.

48.435 - Custody of children.

48.437 - Change in placement; posttermination of parental rights.

48.44 - Jurisdiction over persons 17 or older.

48.45 - Orders applicable to adults.

48.46 - New evidence; relief from judgment terminating parental rights.

48.465 - Motion for postdisposition relief and appeal.

48.468 - Purpose of department.

48.47 - Duties of department.

48.48 - Authority of department.

48.481 - Grants for children's community programs.

48.485 - Transfer of Indian children to department for adoption.

48.487 - Tribal family services.

48.52 - Facilities for care of children and adult expectant mothers in care of department.

48.526 - Community youth and family aids.

48.527 - Community youth and family aids; bonus for county facilities.

48.528 - Community intervention program.

48.545 - Brighter futures initiative.

48.546 - Family treatment court grant program.

48.547 - Alcohol and other drug abuse program.

48.548 - Multidisciplinary screen and assessment criteria.

48.55 - State adoption information exchange and state adoption center.

48.56 - Child welfare services in counties having populations of less than 750,000.

48.561 - Child welfare services in a county having a population of 750,000 or more.

48.562 - Milwaukee child welfare partnership council.

48.563 - Children and family aids funding.

48.565 - Carry-over of children and family aids funds.

48.568 - Allocation of federal funds for children and family aids and child welfare.

48.569 - Distribution of children and family aids funds to counties.

48.57 - Powers and duties of department and county departments providing child welfare services.

48.576 - Shelter care facilities; general supervision and inspection by department.

48.578 - Shelter care facilities; establishment, approval, inspection.

48.58 - County children's home in populous counties.

48.59 - Examination and records.

48.599 - Definitions.

48.60 - Child welfare agencies licensed.

48.61 - Powers and duties of child welfare agencies.

48.615 - Child welfare agency licensing fees.

48.619 - Definition.

48.62 - Licensing of foster homes; rates.

48.623 - Subsidized guardianships.

48.625 - Licensing of group homes; fees.

48.627 - Foster parent insurance and liability.

48.63 - Restrictions on placements.

48.64 - Placement of children in out-of-home care.

48.645 - Foster care aid.

48.647 - Second-chance homes.

48.65 - Child care centers licensed; fees.

48.651 - Certification of child care providers.

48.653 - Information for child care providers.

48.655 - Parental access.

48.656 - Parent's right to know.

48.657 - Child care center reports.

48.658 - Child safety alarms in child care vehicles.

48.659 - Child care quality rating system.

48.66 - Licensing duties of the department.

48.67 - Rules governing child welfare agencies, child care centers, foster homes, group homes, shelter care facilities, and county departments.

48.675 - Qualified residential treatment programs.

48.68 - Investigation of applicant; issuing of license.

48.685 - Criminal history and child abuse record search.

48.686 - Criminal history and child abuse record search; child care.

48.69 - Probationary licenses.

48.70 - Provisions of licenses.

48.715 - Sanctions and penalties.

48.72 - Appeal procedure.

48.73 - Inspection of licensees and school district child care programs.

48.735 - Immunization requirements; child care centers.

48.737 - Lead screening, inspection and reduction requirements; child care centers.

48.74 - Authority of department to investigate alleged violations.

48.743 - Community living arrangements for children.

48.745 - Formal complaints regarding child welfare agencies and group homes.

48.75 - Foster homes licensed by public licensing agencies and by child welfare agencies.

48.76 - Penalties.

48.77 - Injunction against violations.

48.78 - Confidentiality of records.

48.79 - Powers of the department.

48.80 - Municipalities may sponsor activities.

48.81 - Who may be adopted.

48.82 - Who may adopt.

48.825 - Advertising related to adoption.

48.83 - Jurisdiction and venue.

48.831 - Appointment of guardian for child without a living parent for adoptability finding.

48.832 - Transfer of guardianship upon revocation of guardian's license or contract.

48.833 - Placement of children for adoption by the department, county departments, and child welfare agencies.

48.834 - Placement of children with relatives or siblings for adoption by the department, county departments, and child welfare agencies.

48.835 - Placement of children with relatives for adoption.

48.837 - Placement of children with nonrelatives for adoption.

48.838 - Foreign adoption fees.

48.839 - Adoption of foreign children.

48.84 - Preadoption preparation for proposed adoptive parents.

48.841 - Persons required to file recommendation as to adoption.

48.85 - Recommendation of guardian.

48.871 - Filing of recommendation by guardian.

48.88 - Notice of hearing; investigation.

48.89 - Recommendation of the department.

48.90 - Filing of adoption petition; preadoption residence.

48.91 - Hearing; order.

48.913 - Payments by adoptive or proposed adoptive parents to a birth parent or child or on behalf of a birth parent or child.

48.915 - Adoption appeals given preference.

48.92 - Effect of adoption.

48.925 - Visitation rights of certain persons.

48.93 - Records closed.

48.94 - New birth record.

48.95 - Withdrawal or denial of petition.

48.96 - Subsequent adoption.

48.97 - Adoption and guardianship orders of other jurisdictions.

48.975 - Adoption assistance.

48.977 - Appointment of guardians for certain children in need of protection or services.

48.978 - Appointment or designation of standby guardian of a child.

48.979 - Delegation of power by parent.

48.9795 - Appointment of guardian of the person for a child.

48.98 - Interstate placement of children.

48.981 - Abused or neglected children and abused unborn children.

48.982 - Child abuse and neglect prevention board.

48.983 - Child abuse and neglect prevention program.

48.986 - Child abuse and neglect and unborn child abuse services.

48.987 - Earnings of self-supporting minors.

48.9875 - Minor consent for housing.

48.988 - Interstate compact on the placement of children.

48.989 - Interstate compact on the placement of children: additional procedure.

48.9895 - Withdrawal from Interstate Compact on the Placement of Children.

48.99 - Interstate Compact for the Placement of Children.

48.9985 - Interstate adoption agreements.

48.999 - Expediting interstate placements of children.