Wisconsin Statutes
Wis. Stat. § 48.40 (2026)
Definitions
✓ current as of July 2026
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48.40(1)(1) Except as otherwise provided, “agency” means the department, a county department or a licensed child welfare agency.
48.40(1m)(1m) “Kinship care provider” means a person receiving payments under s. 48.57 (3m) (am) for providing care and maintenance for a child.
48.40(1r)(1r) “Parent” has the meaning given in s. 48.02 (13), except that for purposes of filing a petition seeking the involuntary termination of parental rights under s. 48.415 to a nonmarital child who is not adopted or whose parents do not subsequently intermarry under s. 767.803 and whose paternity has not been established, of finding grounds under s. 48.415 for the involuntary termination of parental rights to such a child, and of terminating the parental rights to such a child on a ground specified in s. 48.415, “parent” includes a person who may be the parent of such a child.
48.40(2)(2) “Termination of parental rights” means that, pursuant to a court order, all rights, powers, privileges, immunities, duties and obligations existing between parent and child are permanently severed.
48.40 AnnotationTerminating Parental Rights. Hayes & Ogorchok. Wis. Law. June 1989.
Notes of Decisions
Cited in 29
cases (7 in the last 5 years), 1960–2025 · leading case: Steven v. v. Kelley H., 2004 WI 47 (Wis. 2004).
Steven v. v. Kelley H., 2004 WI 47 (Wis. 2004). “A parent's interest in the parent-child relationship and in the care, custody, and management of his or her child is recognized as a fundamental liberty interest protected by the Fourteenth Amendment.”
Sheboygan Cnty. Dep't of Health & Human Servs. v. Julie A.B., 2002 WI 95 (Wis. 2002). “" Wis. Stat. § 48.40 (2). The profound consequences of termination have necessitated the development of detailed statutory requirements.”
In Matter of Termination of Parental Rights to Kegel, 271 N.W.2d 114 (Wis. 1978). “this constitutes a substantial omission of parental *580 responsibilities.”
R.D.K. v. Sheboygan Cnty. Soc. Servs. Dep't, 312 N.W.2d 840 (Wis. Ct. App. 1981). “first argues that subsections (2) (b) and (d) of sec. 48.40, Stats., 3 are void for vagueness under the standard set forth in Alsager v.”
Sheboygan Cnty. Dep't of Health & Human Servs. v. Tanya M.B., 2010 WI 55 (Wis. 2010). “" Wis. Stat. § 48.40 (2). ¶ 50. "Due to the severe nature of terminations of parental rights, termination proceedings require heightened legal safeguards against erroneous decisions.”
Matter of Termination of Parental Rights to Trm, 303 N.W.2d 581 (Wis. 1981). “Measured against this standard, the trial court findings regarding the grounds for termination under sec. 48.40(2), Stats. 1975, are inadequate.”
Hernandez v. Allen, 2005 WI App 247 (Wis. Ct. App. 2005). “He complains that the trial court ignored this provision, instead confining its discussion to Wis. Stat. § 48.40 (2), 10 "the TPR statute," which provides that the termination of parental rights permanently severs all "rights, powers, privileges, immunities, duties and…”
Interest of T.P.S. v. G.O., 483 N.W.2d 591 (Wis. Ct. App. 1992). “Where the fact-finder has determined that a father has aban *267 doned his child, the trial court's decision whether to terminate the father's parental rights is still discretionary.”
Wynn v. Scott, 449 F. Supp. 1302 (N.D. Ill. 1978). “See Wis.Stat. § 48.40 (West 1957); Minn.Stat.”
State v. H. C., 2025 WI 20 (Wis. 2025). “The petition must allege one or more of the grounds for involuntary termination of parental rights listed in § 48.”
Weichman v. Weichman, 184 N.W.2d 882 (Wis. 1971). “But, since the rights of a grandparent are not derivative, such action is not controlling on the question of whether in a given case the child may have his grandparents visit him or he visit his grandparents.”
Courtney F. v. Ramiro M.C., 2004 WI App 36 (Wis. Ct. App. 2004). “48, which includes §§ 48.40 through 48.435. Other than §§ 48.”
— Wis. Stat. § 48.40(2) — 14 cases
R.D.K. v. Sheboygan Cnty. Soc. Servs. Dep't, 312 N.W.2d 840 (Wis. Ct. App. 1981). “first argues that subsections (2) (b) and (d) of sec. 48.40, Stats., 3 are void for vagueness under the standard set forth in Alsager v.”
In Matter of Termination of Parental Rights to Kegel, 271 N.W.2d 114 (Wis. 1978). “this constitutes a substantial omission of parental *580 responsibilities.”
Matter of Termination of Parental Rights to Trm, 303 N.W.2d 581 (Wis. 1981). “Measured against this standard, the trial court findings regarding the grounds for termination under sec. 48.40(2), Stats. 1975, are inadequate.”
State v. H. C., 2025 WI 20 (Wis. 2025). “The petition must allege one or more of the grounds for involuntary termination of parental rights listed in § 48.”
Marriage of D.L.J. v. R.J., 469 N.W.2d 877 (Wis. Ct. App. 1991).
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