AB337: Bill Text

AB337,14 Section 14. 48.02 (13) of the statutes is amended to read:

AB337,9,25 48.02 (13) “Parent" means a biological natural parent, a husband who has consented to the artificial insemination of his wife under s. 891.40, or a parent by adoption. If the child is a nonmarital child who is not adopted or whose parents do not subsequently intermarry under s. 767.803, “parent" includes a person acknowledged under s. 767.805 or a substantially similar law of another state or adjudicated to be the biological father. “Parent" does not include any person whose parental rights have been terminated. For purposes of the application of s. 48.028 and the federal Indian Child Welfare Act, 25 USC 1901 to 1963, “parent" means a biological natural parent of an Indian child, an Indian husband spouse who has consented to the artificial insemination of his wife or her spouse under s. 891.40, or an Indian person who has lawfully adopted an Indian child, including an adoption under tribal law or custom, and includes, in the case of a nonmarital Indian child who is not adopted or whose parents do not subsequently intermarry under s. 767.803, a person acknowledged under s. 767.805, a substantially similar law of another state, or tribal law or custom to be the biological father natural parent or a person adjudicated to be the biological father natural parent, but does not include any person whose parental rights have been terminated.

AB337,15 Section 15 . 48.025 (title) of the statutes is amended to read:

AB337,10,8 48.025 (title) Declaration of paternal parental interest in matters affecting children.

AB337,16 Section 16 . 48.025 (2) (b) of the statutes is amended to read:

AB337,10,14 48.025 (2) (b) A declaration under sub. (1) may be filed at any time before the birth of the child or within 14 days after the birth of the child, except that a man person who receives a notice under s. 48.42 (1g) (b) may file a declaration within 21 days after the date on which the notice was mailed. This paragraph does not apply to a declaration filed before July 1, 2006.

AB337,17 Section 17 . 48.025 (3) (c) of the statutes is amended to read:

AB337,11,4 48.025 (3) (c) A court in a proceeding under s. 48.13, 48.133, 48.14, or 938.13 or under a substantially similar law of another state or a person authorized to file a petition under s. 48.25, 48.42, 48.837, or 938.25 or under a substantially similar law of another state may request the department to search its files to determine whether a person who may be the father parent of the child who is the subject of the proceeding has filed a declaration under this section. If the department has on file a declaration of paternal parental interest in matters affecting the child, the department shall issue to the requester a copy of the declaration. If the department does not have on file a declaration of paternal parental interest in matters affecting the child, the department shall issue to the requester a statement that no declaration could be located. The department may require a person who requests a search under this paragraph to pay a reasonable fee that is sufficient to defray the costs to the department of maintaining its file of declarations and publicizing information relating to declarations of paternal parental interest under this section.

AB337,18 Section 18 . 48.27 (3) (b) 1. a. of the statutes is amended to read:

AB337,11,7 48.27 (3) (b) 1. a. A person who has filed a declaration of paternal parental interest under s. 48.025.

AB337,19 Section 19 . 48.27 (3) (b) 1. b. of the statutes is amended to read:

AB337,11,11 48.27 (3) (b) 1. b. A person alleged to the court to be the father a parent of the child or who may, based on the statements of the mother parent who gave birth to the child or other information presented to the court, be the father parent of the child.

AB337,20 Section 20 . 48.27 (5) of the statutes is amended to read:

AB337,11,18 48.27 (5) Subject to sub. (3) (b), the court shall make every reasonable effort to identify and notify any person who has filed a declaration of paternal parental interest under s. 48.025, any person who has acknowledged paternity of the child under s. 767.805 (1), and any person who has been adjudged to be the father parent of the child in a judicial proceeding unless the person's parental rights have been terminated.

AB337,21 Section 21 . 48.299 (6) (intro.) of the statutes is amended to read:

AB337,11,23 48.299 (6) (intro.) If a man person who has been given notice under s. 48.27 (3) (b) 1. appears at any hearing for which he or she received the notice, alleges that he or she is the father a parent of the child and states that he or she wishes to establish the paternity parentage of the child, all of the following apply:

AB337,22 Section 22 . 48.299 (6) (e) 1. of the statutes is amended to read:

AB337,12,5 48.299 (6) (e) 1. In this paragraph, “genetic test" means a test that examines genetic markers present on blood cells, skin cells, tissue cells, bodily fluid cells or cells of another body material for the purpose of determining the statistical probability that a man person who is alleged to be a child's father parent is the child's biological father parent.

AB337,23 Section 23 . 48.299 (6) (e) 2. of the statutes is amended to read:

AB337,12,9 48.299 (6) (e) 2. The court shall, at the hearing, orally inform any man person specified in sub. (6) (intro.) that he or she may be required to pay for any testing ordered by the court under this paragraph or under s. 885.23.

AB337,24 Section 24 . 48.299 (6) (e) 3. of the statutes is amended to read:

AB337,12,23 48.299 (6) (e) 3. In addition to ordering testing as provided under s. 885.23, if the court determines that it would be in the best interests of the child, the court may order any man person specified in sub. (6) (intro.) to submit to one or more genetic tests which shall be performed by an expert qualified as an examiner of genetic markers present on the cells and of the specific body material to be used for the tests, as appointed by the court. A report completed and certified by the court-appointed expert stating genetic test results and the statistical probability that the man person alleged to be the child's father parent is the child's biological father parent based upon the genetic tests is admissible as evidence without expert testimony and may be entered into the record at any hearing. The court, upon request by a party, may order that independent tests be performed by other experts qualified as examiners of genetic markers present on the cells of the specific body materials to be used for the tests.

AB337,25 Section 25 . 48.299 (6) (e) 4. of the statutes is amended to read:

AB337,13,5 48.299 (6) (e) 4. If the genetic tests show that an alleged father parent is not excluded and that the statistical probability that the alleged father parent is the child's biological father parent is 99.0 percent or higher, the court may determine that for purposes of a proceeding under this chapter, other than a proceeding under subch. VIII, the man person is the child's biological parent.

AB337,26 Section 26 . 48.299 (7) of the statutes is amended to read:

AB337,13,14 48.299 (7) If a man person who has been given notice under s. 48.27 (3) (b) 1. appears at any hearing for which he or she received the notice but does not allege that he or she is the father a parent of the child and state that he or she wishes to establish the paternity parentage of the child or if no man person to whom such notice was given appears at a hearing, the court may refer the matter to the state or to the attorney responsible for support enforcement under s. 59.53 (6) (a) for a determination, under s. 767.80, of whether an action should be brought for the purpose of determining the paternity parentage of the child.

AB337,27 Section 27 . 48.355 (4g) (a) 1. of the statutes is amended to read:

AB337,13,22 48.355 (4g) (a) 1. The child's parents are parties to a pending action for divorce, annulment, or legal separation, a man person determined under s. 48.299 (6) (e) 4. to be the biological father parent of the child for purposes of a proceeding under this chapter is a party to a pending action to determine paternity of the child under ch. 767, or the child is the subject of a pending independent action under s. 767.41 or 767.43 to determine legal custody of the child or visitation rights with respect to the child.

AB337,28 Section 28 . 48.396 (2) (dm) of the statutes is amended to read:

AB337,14,9 48.396 (2) (dm) Upon request of a court having jurisdiction over actions affecting the family, an attorney responsible for support enforcement under s. 59.53 (6) (a) or a party to a paternity proceeding under subch. IX of ch. 767, the party's attorney or the guardian ad litem for the child who is the subject of that proceeding to review or be provided with information from the records of the court assigned to exercise jurisdiction under this chapter and ch. 938 relating to the paternity of a child for the purpose of determining the paternity of the child or for the purpose of rebutting the presumption of paternity parentage under s. 891.405 or 891.41 (1), the court assigned to exercise jurisdiction under this chapter and ch. 938 shall open for inspection by the requester its records relating to the paternity of the child or disclose to the requester those records.

AB337,29 Section 29 . 48.42 (1g) (a) 4. of the statutes is amended to read:

AB337,14,12 48.42 (1g) (a) 4. A statement identifying any man person who has lived in a familial relationship with the child and who may be the father a parent of the child.

AB337,30 Section 30 . 48.42 (1g) (b) of the statutes is amended to read:

AB337,14,22 48.42 (1g) (b) The petitioner shall notify any man person identified in the affidavit under par. (a) as an alleged father parent of his the right to file a declaration of paternal parental interest under s. 48.025 before the birth of the child, within 14 days after the birth of the child, or within 21 days after the date on which the notice is mailed, whichever is later; of the birth date or anticipated birth date of the child; and of the consequences of filing or not filing a declaration of paternal parental interest. The petitioner shall include with the notice a copy of the form required to file a declaration of paternal parental interest under s. 48.025. The notice shall be sent by certified mail to the last-known address of the alleged father parent.

AB337,31 Section 31 . 48.42 (1g) (c) of the statutes is amended to read:

AB337,14,25 48.42 (1g) (c) If an affidavit under par. (a) is not filed with the petition, notice shall be given to an alleged father parent under sub. (2).

AB337,32 Section 32. 48.42 (2) (b) 1. of the statutes is amended to read:

AB337,15,4 48.42 (2) (b) 1. A person who has filed an unrevoked declaration of paternal parental interest under s. 48.025 before the birth of the child or within 14 days after the birth of the child.

AB337,33 Section 33 . 48.42 (2) (b) 2. of the statutes is amended to read:

AB337,15,9 48.42 (2) (b) 2. A person or persons alleged to the court to be the father a parent of the child or who may, based upon the statements of the mother parent who gave birth to the child or other information presented to the court, be the father parent of the child unless that person has waived the right to notice under s. 48.41 (2) (c).

AB337,34 Section 34 . 48.42 (2) (bm) 1. of the statutes is amended to read:

AB337,15,14 48.42 (2) (bm) 1. A person who has filed an unrevoked declaration of paternal parental interest under s. 48.025 before the birth of the child, within 14 days after the birth of the child, or within 21 days after a notice under sub. (1g) (b) is mailed, whichever is later.

AB337,35 Section 35 . 48.422 (6) (a) of the statutes is amended to read:

AB337,15,25 48.422 (6) (a) In the case of a nonmarital child who is not adopted or whose parents do not subsequently intermarry under s. 767.803 and for whom paternity has not been established, or for whom a declaration of paternal parental interest has not been filed under s. 48.025 within 14 days after the date of birth of the child or, if s. 48.42 (1g) (b) applies, within 21 days after the date on which the notice under s. 48.42 (1g) (b) is mailed, the court shall hear testimony concerning the paternity parentage of the child. Based on the testimony, the court shall determine whether all interested parties who are known have been notified under s. 48.42 (2) and (2g) (ag). If not, the court shall adjourn the hearing and order appropriate notice to be given.

AB337,36 Section 36. 48.422 (7) (bm) of the statutes is amended to read:

AB337,16,19 48.422 (7) (bm) Establish whether a proposed adoptive parent of the child has been identified. If a proposed adoptive parent of the child has been identified and the proposed adoptive parent is not a relative of the child, the court shall order the petitioner to submit a report to the court containing the information specified in s. 48.913 (7). The court shall review the report to determine whether any payments or agreement to make payments set forth in the report are coercive to the birth parent of the child or to an alleged to or presumed father parent of the child or are impermissible under s. 48.913 (4). Making any payment to or on behalf of the any birth parent of the child, an, alleged or presumed father parent of the child or the child conditional in any part upon transfer or surrender of the child or the termination of parental rights or the finalization of the adoption creates a rebuttable presumption of coercion. Upon a finding of coercion, the court shall dismiss the petition or amend the agreement to delete any coercive conditions, if the parties agree to the amendment. Upon a finding that payments which that are impermissible under s. 48.913 (4) have been made, the court may dismiss the petition and may refer the matter to the district attorney for prosecution under s. 948.24 (1). This paragraph does not apply if the petition was filed with a petition for adoptive placement under s. 48.837 (2).

AB337,37 Section 37 . 48.422 (7) (br) of the statutes is amended to read:

AB337,16,23 48.422 (7) (br) Establish whether any person has coerced a birth parent or any, alleged or presumed father parent of the child in violation of s. 48.63 (3) (b) 5. Upon a finding of coercion, the court shall dismiss the petition.

AB337,38 Section 38 . 48.423 (2) (d) of the statutes is amended to read:

AB337,17,3 48.423 (2) (d) That the person has complied with the requirements of the state where the mother birth parent previously resided or was located to protect and preserve his paternal or her parental interests in matters affecting the child.

AB337,39 Section 39. 48.432 (1) (am) 2. b. of the statutes is amended to read:

AB337,17,7 48.432 (1) (am) 2. b. If there is no adjudicated father, the husband spouse of the mother at the time the individual or adoptee is conceived or born, or when the parents intermarry under s. 767.803.

AB337,40 Section 40 . 48.63 (3) (b) 4. of the statutes is amended to read:

AB337,17,17 48.63 (3) (b) 4. Before a child may be placed under subd. 1., the department, county department, or child welfare agency making the placement and the proposed adoptive parent or parents shall enter into a written agreement that specifies who is financially responsible for the cost of providing care for the child prior to the finalization of the adoption and for the cost of returning the child to the parent who has custody of the child if the adoption is not finalized. Under the agreement, the department, county department, or child welfare agency or the proposed adoptive parent or parents, but not the any birth parent of the child or any, alleged or presumed father parent of the child, shall be financially responsible for those costs.

AB337,41 Section 41 . 48.63 (3) (b) 5. of the statutes is amended to read:

AB337,17,24 48.63 (3) (b) 5. Prior to termination of parental rights to the child, no person may coerce a birth parent of the child or any, alleged or presumed father parent of the child into refraining from exercising his or her right to withdraw consent to the transfer or surrender of the child or to termination of his or her parental rights to the child, to have reasonable visitation or contact with the child, or to otherwise exercise his or her parental rights to the child.

AB337,42 Section 42. 48.82 (1) (a) of the statutes is amended to read:

AB337,18,2 48.82 (1) (a) A husband and wife Spouses jointly, or either the husband or wife if the other spouse is of a parent of the minor.

AB337,43 Section 43 . 48.837 (1r) (d) of the statutes is amended to read:

AB337,18,12 48.837 (1r) (d) Before a child may be placed under par. (a), the department, county department, or child welfare agency making the placement and the proposed adoptive parent or parents shall enter into a written agreement that specifies who is financially responsible for the cost of providing care for the child prior to the finalization of the adoption and for the cost of returning the child to the parent who has custody of the child if the adoption is not finalized. Under the agreement, the department, county department, or child welfare agency or the proposed adoptive parent or parents, but not the any birth parent of the child or any, alleged or presumed father parent of the child, shall be financially responsible for those costs.

AB337,44 Section 44 . 48.837 (1r) (e) of the statutes is amended to read:

AB337,18,19 48.837 (1r) (e) Prior to termination of parental rights to the child, no person may coerce a birth parent of the child or any, alleged or presumed father parent of the child into refraining from exercising his or her right to withdraw consent to the transfer or surrender of the child or to termination of his or her parental rights to the child, to have reasonable visitation or contact with the child, or to otherwise exercise his or her parental rights to the child.

AB337,45 Section 45 . 48.837 (6) (b) of the statutes is amended to read:

AB337,19,9 48.837 (6) (b) At the beginning of the hearing held under sub. (2), the court shall review the report that is submitted under s. 48.913 (6). The court shall determine whether any payments or the conditions specified in any agreement to make payments are coercive to the any birth parent of the child or to an, alleged or presumed father parent of the child or are impermissible under s. 48.913 (4). Making any payment to or on behalf of the a birth parent of the child, an, alleged or presumed father parent of the child or the child conditional in any part upon transfer or surrender of the child or the termination of parental rights or the finalization of the adoption creates a rebuttable presumption of coercion. Upon a finding of coercion, the court shall dismiss the petitions under subs. (2) and (3) or amend the agreement to delete any coercive conditions, if the parties agree to the amendment. Upon a finding that payments which that are impermissible under s. 48.913 (4) have been made, the court may dismiss the petition and may refer the matter to the district attorney for prosecution under s. 948.24 (1).

AB337,46 Section 46 . 48.837 (6) (br) of the statutes is amended to read:

AB337,19,14 48.837 (6) (br) At the hearing on the petition under sub. (2), the court shall determine whether any person has coerced a birth parent or any, alleged or presumed father parent of the child in violation of sub. (1r) (e). Upon a finding of coercion, the court shall dismiss the petitions under subs. (2) and (3).

AB337,47 Section 47 . 48.913 (1) (a) of the statutes is amended to read:

AB337,19,17 48.913 (1) (a) Preadoptive counseling for a birth parent of the child or an, alleged or presumed father parent of the child.

AB337,48 Section 48 . 48.913 (1) (b) of the statutes is amended to read:

AB337,19,20 48.913 (1) (b) Post-adoptive counseling for a birth parent of the child or an, alleged or presumed father parent of the child.

AB337,49 Section 49 . 48.913 (1) (h) of the statutes is amended to read:

AB337,19,24 48.913 (1) (h) Legal and other services received by a birth parent of the child, an, alleged or presumed father parent of the child or the child in connection with the adoption.

AB337,50 Section 50 . 48.913 (2) (intro.) of the statutes is amended to read:

AB337,20,7 48.913 (2) Payment of expenses when birth parent is residing in another state. (intro.) Notwithstanding sub. (1), the proposed adoptive parents of a child or a person acting on behalf of the proposed adoptive parents of a child may pay for an expense of a birth parent of the child or an, alleged or presumed father parent of the child if the birth parent or the, alleged or presumed father parent was residing in another state when the payment was made and when the expense was incurred and if all of the following apply:

AB337,51 Section 51 . 48.913 (2) (b) of the statutes is amended to read:

AB337,20,11 48.913 (2) (b) The state in which the birth parent or the, alleged or presumed father parent was residing when the payment was made permits the payment of that expense by the proposed adoptive parents of the child.

AB337,52 Section 52 . 48.913 (2) (c) (intro.) of the statutes is amended to read:

AB337,20,20 48.913 (2) (c) (intro.) A listing of all payments made under this subsection, a copy of the statutory provisions of the state in which the birth parent or the, alleged or presumed father parent was residing when the payments were made that permit those payments to be made by the proposed adoptive parents of the child, and a copy of all orders entered in the state in which the birth parent or the, alleged or presumed father parent was residing when the payments were made that relate to the payment of expenses of the birth parent or the, alleged or presumed father parent by the proposed adoptive parents of the child is submitted to the court as follows:

AB337,53 Section 53 . 48.913 (3) of the statutes is amended to read:

AB337,21,3 48.913 (3) Method of payment. Any payment under sub. (1) or (2) shall be made directly to the provider of a good or service except that a payment under sub. (1) or (2) may be made to a birth parent of the child or to an, alleged or presumed father parent of the child as reimbursement of an amount previously paid by the birth parent or by the, alleged or presumed father parent if documentation is provided showing that the birth parent or, alleged or presumed father parent has made the previous payment.

AB337,54 Section 54 . 48.913 (4) of the statutes is amended to read:

AB337,21,8 48.913 (4) Other payments prohibited. The proposed adoptive parents of a child or a person acting on behalf of the proposed adoptive parents may not make any payments to or on behalf of a birth parent of the child, an, alleged or presumed father parent of the child or the child except as provided in subs. (1) and (2).

AB337,55 Section 55 . 48.913 (7) of the statutes is amended to read:

AB337,21,24 48.913 (7) Report to the court; contents required. The report required under sub. (6) shall include a list of all transfers of anything of value made or agreed to be made by the proposed adoptive parents or by a person acting on their behalf to a birth parent of the child, an, alleged or presumed father parent of the child or the child, on behalf of a birth parent of the child, an, alleged or presumed father parent of the child or the child, or to any other person in connection with the pregnancy, the birth of the child, the placement of the child with the proposed adoptive parents, or the adoption of the child by the proposed adoptive parents. The report shall be itemized and shall show the goods or services for which payment was made or agreed to be made. The report shall include the dates of each payment, the names and addresses of each attorney, doctor, hospital, agency, or other person or organization receiving any payment from the proposed adoptive parents or a person acting on behalf of the proposed adoptive parents in connection with the pregnancy, the birth of the child, the placement of the child with the proposed adoptive parents, or the adoption of the child by the proposed adoptive parents.

AB337,56 Section 56 . 49.141 (1) (j) 1. of the statutes is amended to read:

AB337,22,1 49.141 (1) (j) 1. A biological natural parent.

AB337,57 Section 57 . 49.141 (1) (j) 2. of the statutes is repealed.

AB337,58 Section 58 . 49.155 (1m) (c) 1g. of the statutes is amended to read:

AB337,22,11 49.155 (1m) (c) 1g. If the individual is a foster parent of the child or a subsidized guardian or interim caretaker of the child under s. 48.623, the child's biological natural or adoptive family has a gross income that is at or below 200 percent of the poverty line. In calculating the gross income of the child's biological natural or adoptive family, the department or county department or agency determining eligibility shall include court-ordered child or family support payments received by the individual, if those support payments exceed $1,250 per month, and income described under s. 49.145 (3) (b) 1. and 3.