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In Re the Termination of Parental Rights to Diana P

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Notice Concerning Grounds To Terminate Parental Rights

JD-1753, 03/12 Notice Concerning Grounds To Terminate Parental Rights §§48.356, 48.415 and 938.356, Wisconsin Statutes

This form shall not be modified. It may be supplemented with additional material.

STATE OF WISCONSIN, CIRCUIT COURT, COUNTY

Case No.

Notice Concerning Grounds To Terminate Parental Rights

For Official Use

Your parental rights can be terminated against your will under certain circumstances. A list of potential grounds to terminate your parental rights is given below. Those that are check-marked may be most applicable to you, although you should be aware that if any of the others also exist now or in the future, your parental rights can be taken from you.

Abandonment. Any of the following must be proven by evidence that:

You have left your child without provision for care or support:

and neither parent has been found for 60 days.

in a place or manner that exposes your child to substantial risk of great bodily harm or death.

You have failed to visit or communicate with your child for:

three months or longer after your child has been placed, or continued in a placement, outside your home by a court order.

six months or longer after leaving your child with any person, and you know or could discover the whereabouts of your child.

A court of competent jurisdiction previously has found that when your child was under one year of age:

your child was abandoned, pursuant to §48.13(2), Wis. Stats., or a comparable state or federal law.

you intentionally abandoned the child in a place where the child may suffer because of neglect, in violation of §948.20, Wis. Stats., or a comparable state or federal law.

Continuing Need of Protection or Services. As proven by evidence that:

A court placed, or continued in a placement, your child outside your home after a judgment that your child is in need of protection or services under §§48.345, 48.357, 48.363, 48.365, 938.345, 938.357, 938.363, or 938.365, Wis. Stats., and:

• The agency responsible for the care of your child has made a reasonable effort to provide the services ordered by the court;

• Your child has been outside your home for a cumulative total period of six months or longer under a court order;

• You have failed to meet the conditions established for the safe return of your child to your home; and,

• There is a substantial likelihood that you will not meet these conditions within the 9-month period following the fact-finding hearing under §48.424, Wis. Stats.

A court has adjudicated your child in need of protection or services on three or more occasions, under §48.13(3), (3m), (10) or (10m), Wis. Stats. and:

• In connection with these adjudications, the court has placed your child outside your home pursuant to a court order containing this notice, and,

• You caused the conditions that led to each of the out-of-home placements.

Continuing Need of Protection or Services (Unborn child). As proven by evidence that:

• A court placed you [as an expectant mother], or continued you in a placement, outside your home after a judgment that your unborn child is in need of protection and services under §§48.345 and 48.347, Wis. Stats.

• The agency responsible for the care of you and your unborn child has made a reasonable effort to provide the services ordered by the court;

• Your child stayed outside your home for a cumulative total period of six months or longer under a court order; [Not including time spent outside the home as an unborn child]

• You have failed to meet the conditions established for the safe return of your child to your home; and,

• There is a substantial likelihood that you will not meet these conditions within the 9-month period following the fact-finding hearing under §48.424, Wis. Stats.

Failure to Assume Parental Responsibility. As proven by evidence that:

• You are or may be a parent of a child.

• You have not had a substantial parental relationship with the child.

Continuing Parental Disability. As proven by evidence that:

• You are presently an inpatient at a hospital as defined in §50.33(2)(a),(b) or (c), Wis. Stats., a licensed treatment facility as defined in §51.01(2), Wis. Stats., or state treatment facility as defined in §51.01(15), Wis. Stats., on account of mental illness as defined in §51.01(13)(a) or (b), Wis. Stats., or developmental disability as defined in §55.01(2) or (5), Wis. Stats.

• You have been an inpatient for at least two of the last five years before a petition to terminate parental rights is filed.

• Your condition is likely to continue indefinitely.

• Your child is not being provided with adequate care by a parent, guardian, or relative who has legal custody of your child.

Notice Concerning Grounds To Terminate Parental Rights — Page 2 of 2

Case No.

Continuing Denial of Periods of Physical Placement or Visitation. As proven by evidence that:

• You have been denied periods of physical placement by a court order in an action affecting the family, or have been denied visitation by an order under §§48.345, 48.363, 48.365, 938.345, 938.363, or 938.365, Wis.Stats.

• At least one year has elapsed since the order denying periods of physical placement or visitation was issued and the court has not subsequently modified its order so as to permit you periods of physical placement or visitation.

Child Abuse. As proven by evidence that:

You show a pattern of physically or sexually abusive behavior which is a substantial threat to the health of the child who is the subject of the petition; and that:

You have caused death or injury to a child or children resulting in a felony conviction.

A child has previously been removed from your home by the court under §48.345, Wis. Stats., after an adjudication that the child is in need of protection or services under §48.13(3) or (3m), Wis. Stats.

Relinquishment. As proven by evidence that:

A court of competent jurisdiction has found pursuant to §48.13(2m), Wis. Stats., that you have relinquished custody of your child under §48.195(1), Wis. Stats., when the child was 72 hours old or younger.

Incestuous Parenthood. As proven by evidence that:

You are related, either by blood or adoption, to your child's other parent in a degree of kinship closer than 2nd cousin.

Homicide or Solicitation to Commit Homicide of Parent. As proven by evidence that:

You have been convicted of the intentional or reckless homicide of the other parent, or solicitation to commit intentional or reckless homicide of the other parent, in violation of §§940.01, 940.02 or 940.05, 939.30, Wis. Stats., or a comparable state or federal law.

Parenthood as a Result of Sexual Assault. As proven by evidence that:

• You are or may be the father of a child.

• The child was conceived as the result of a sexual assault in violation of §§940.225(1),(2) or (3), 948.02(1) or (2), or 948.025 or 948.085, Wis. Stats., which you committed against the child's mother during a possible time of conception.

Commission of a Felony Against a Child. As proven by evidence that:

You have been convicted of a serious felony as defined in §48.415(9m)(b), Wis. Stats., against one of your children.

You have committed child trafficking in violation of §948.051 or a comparable state or federal law involving any child.

Prior Involuntary Termination of Parental Rights to Another Child. As proven by evidence that:

• Your child has been adjudicated to be in need of protection or services under §48.13(2),(3) or (10), Wis. Stats. or your child was born after a petition for termination of parental rights under §48.415(10), Wis. Stats., was filed in which a sibling of your child is the subject.

• In the three years prior to the child being adjudicated in need of protective services as specified in §48.415(10)(a), or in the case of a child born after the filing of a petition regarding a sibling as specified in §48.415(10(a), within three years prior to the date of the birth of the child, a court has ordered the termination of your parental rights with respect to another of your children on one or more grounds specified in §48.415, Wis. Stats.

The court has orally informed me of the applicable grounds for termination of parental rights, and I have received a copy of this notice.

Signature of Parent/Expectant Mother

Signature of Parent

Date

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What the In Re the Termination of Parental Rights to Diana P document is

The In Re the Termination of Parental Rights to Diana P is a court-filed termination order used in family law proceedings to end the legal parent–child relationship between a named parent and the child Diana P. It documents judicial findings on parental fitness, grounds for termination, and the effective removal of parental rights and responsibilities. Typically initiated by a state child welfare agency, a guardian, or a private petitioner, the order changes custody, visitation, and eligibility for adoption and becomes part of the official juvenile or family court record once signed by the judge.

Why accuracy and proper filing matter for this termination order

Use the In Re the Termination of Parental Rights to Diana P to ensure the court record accurately reflects judicial findings and the legal cessation of parental rights. Accurate completion safeguards the child's legal status, informs agency action, and prevents later disputes over custody, benefits, or adoption eligibility.

Why accuracy and proper filing matter for this termination order

Who typically prepares and relies on this court order

Primary users include child welfare agencies, guardians ad litem, attorneys, and court clerks handling termination proceedings.

  • State child welfare agencies and local social services departments filing petitions and reports
  • Attorneys for parents, guardians, or state agencies representing parties in court
  • Guardians ad litem, appointed counsel, and foster care caseworkers involved in proceedings

Courts, adoption agencies, and benefit administrators rely on the completed order to update records and enforce the ruling.

Signatory roles and typical authorities

State Agency Director

A child welfare director or agency petitioner commonly initiates termination proceedings, signs filings where authorized, and coordinates service of process and evidence. Their filing usually includes agency case reports, affidavits, and exhibits supporting the petition.

Respondent Parent

The named parent is the subject of the petition and has statutory rights to notice, counsel, and a hearing; they may appear, contest, or consent. Accurate identification and counsel contact information are essential to preserve due process.

Step-by-step checklist to complete the termination order

Follow these core steps to prepare, file, and have the termination order entered and recorded by the court.

  • 01
    Prepare Petition: Gather case file, affidavits, and supporting evidence.
  • 02
    Serve Parties: Provide statutory notice and proof of service per jurisdiction.
  • 03
    Attend Hearing: Present evidence; court makes findings of fact and law.
  • 04
    Entry of Order: Judge signs the order; clerk files and issues certified copies.

Essential sections a professional termination order should include

A clear, well-structured order reduces ambiguity, supports enforcement, and withstands appellate scrutiny.

Case Caption

Complete court caption with jurisdiction, case number, and identifying parties. A correct caption ensures the order is filed to the proper docket and linked to existing case records.

Findings of Fact

Detailed factual findings state what the court found after considering evidence. Precise findings explain why statutory grounds are satisfied and are critical for appellate review.

Conclusions of Law

The order should connect findings to statutory elements and legal conclusions. Clear legal reasoning explains how termination criteria under state law were met.

Order Language

Explicitly state the parental rights terminated and the legal effects (custody, visitation, decision-making). Avoid vague terms to prevent later interpretation disputes.

Notice and Service

Record who was served, how and when, and include proof of service. Proper service documentation preserves due process and prevents procedural challenges.

Judge and Clerk Entries

Include judge signature, date, and clerk filing stamp. Certified copies should be produced for agencies, adoption entities, and benefits administrators.

Required information and key data fields to include

Child Identification: Full name, DOB
Parent Identification: Full legal name
Case Reference: Court name, case number
Grounds Cited: Statutory basis
Hearing Date: Date of judicial hearing
Judge Signature: Judge name and signature date

How to configure an online signing workflow for the order

Configure digital workflow fields, signer order, and authentication to match court and agency requirements.

Field Configuration
Upload format PDF (flattened) | preserves appearance
Authentication Email link or SMS code
Field types Signature, initial, date fields
Routing Sequential signer order

Technical and platform considerations for eSubmission

Ensure the chosen eSignature and document platform supports court-admissible audit trails, required file formats, and integration with case-management systems.

  • File formats: PDF, DOCX supported
  • Integrations: Case management, storage
  • Authentication: Email, SMS, KBA

Where to file and how copies are distributed

After judge signature the clerk files the original and issues certified copies; distribute to agencies and parties per the court order.

  • Family Court Clerk: File the original order with the clerk's office.
  • Petitioning Agency: Provide certified copy for case file and service records.
  • Respondent Parent: Send certified copy to the parent or their counsel.
  • Adoption/Benefits: Deliver copies to adoption agencies and benefits administrators.

Typical timelines, scheduling, and processing expectations

Timing depends on local court calendars, service timelines, and required notice periods.

Filing:

File petition per county procedures; fee and form vary

Service Window:

Serve respondents per state rules, often within 14–30 days

Hearing Scheduling:

Court may set hearing within 30–90 days

Judicial Decision:

Judge issues findings and signs order after hearing

Certified Copies:

Clerk provides copies shortly after entry

Risks and legal consequences of incorrect or incomplete orders

Vacated Order: Order may be reversed
Appeal Risk: Grounds for appellate relief
Delay in Adoption: Adoption processes may be postponed
Benefit Errors: Improper benefits termination or continuation
Sanctions: Court sanctions for procedural failures
Criminal Exposure: Perjury or false statements risk

Common preparation errors to avoid

  • Using abbreviated or inconsistent names that prevent matching to prior filings or identification records
  • Omitting case number, court name, or filing party which delays clerk processing and docketing
  • Failing to include or attach proof of service, leading to challenges to jurisdiction or delayed hearings
  • Leaving blank or misformatted judge signature and date lines which renders the document uncertified

Practical tips for accurate and efficient completion

Follow these best practices to reduce processing time and legal risk while maintaining accurate records.

Confirm legal names, dates, and identifiers
Verify names, birth dates, and case numbers against court and agency files before filing. Cross-check government IDs and prior pleadings to prevent identity mismatches that can delay proceedings.
Attach corroborating evidence and findings
Include affidavits, social worker reports, and medical or educational records that support factual findings. Clear exhibits reduce the need for supplemental filings and strengthen the court's written findings.
Document service carefully and promptly
Use certified mail or statutory methods, complete proof-of-service forms, and file them promptly with the clerk. Proper service preserves jurisdiction and prevents later procedural objections.
Retain certified copies and secure backups
Obtain certified court copies for agencies and parties, and store a scanned, tamper-evident copy in secure systems with access controls and retention aligned with legal requirements.

eSignature pricing and feature comparison (vendor-first columns, signNow listed first)

Compare typical starting prices and select feature availability across common eSignature vendors to inform platform selection for court-admissible signing workflows.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial Varies Varies Varies Varies
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes Varies Varies
Envelope Cap No cap 100 envelopes/user/year Varies Varies Varies

Frequently asked questions about completing and submitting this termination order

Answers address execution, electronic signatures, recordkeeping, and common process problems encountered in termination proceedings.


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