AB484,6
20Section 6
. 29.563 (3) (a) 3. of the statutes is amended to read:
AB484,7,2121
29.563
(3) (a) 3.
Husband and wife
Spouses: $30.25.
AB484,7
1Section
7. 29.607 (3) of the statutes is amended to read:
AB484,8,112
29.607
(3) License required; exceptions; wild rice identification card. Every
3person over the age of 16 and under the age of 65 shall obtain the appropriate wild
4rice license to harvest or deal in wild rice but no license to harvest is required of the
5members of the immediate family of a licensee or of a recipient of old-age assistance
6or members of their immediate families. The department, subject to s. 29.024 (2g)
7and (2r), shall issue a wild rice identification card to each member of a licensee's
8immediate family, to a recipient of old-age assistance and to each member of the
9recipient's family. The term “immediate family" includes
husband and wife spouses 10and minor children having their abode and domicile with the parent or legal
11guardian.
AB484,8
12Section 8
. 45.01 (6) (c) of the statutes is amended to read:
AB484,8,1513
45.01
(6) (c) The
biological
natural or adoptive parent or a person who acts in
14the place of a parent and who has so acted for not less than 12 months prior to the
15veteran's entrance into active service.
AB484,9
16Section 9
. 45.51 (3) (c) 2. of the statutes is amended to read:
AB484,8,1817
45.51
(3) (c) 2. The department may deviate from this sequence upon order of
18the board to prevent the separation of
a husband and wife spouses.
AB484,10
19Section 10
. 45.51 (5) (a) 1. b. of the statutes is amended to read:
AB484,8,2320
45.51
(5) (a) 1. b. Was married to the person under sub. (2) (a) 1. or 2. at the time
21the person entered the service and who became a
widow or widower surviving spouse 22by the death of the person while in the service or as a result of physical disability of
23the person incurred during the service.
AB484,11
24Section 11
. 45.51 (5) (a) 1. c. of the statutes is amended to read:
AB484,9,4
145.51
(5) (a) 1. c. The period during which the surviving spouse was married
2to and lived with the deceased person under sub. (2) (a) 1. or 2. plus the period
of
3widowhood or widowerhood after the death of the deceased person is 6 months or
4more.
AB484,12
5Section 12
. 45.55 of the statutes is amended to read:
AB484,9,20
645.55 Notes and mortgages of minor veterans. Notwithstanding any
7provision of this chapter or any other law to the contrary, any minor who served in
8the active armed forces of the United States at any time after August 27,
1940, and
9the
husband or wife spouse of such a minor may execute, in his or her own right, notes
10or mortgages, as defined in s. 851.15, the payment of which is guaranteed or insured
11by the U.S. department of veterans affairs or the federal housing administrator
12under the servicemen's readjustment act of 1944, the national housing act, or any
13acts supplementing or amending these acts. In connection with these transactions,
14the minors may sell, release
, or convey the mortgaged property and litigate or settle
15controversies arising therefrom, including the execution of releases, deeds, and other
16necessary papers or instruments. The notes, mortgages, releases, deeds
, and other
17necessary papers or instruments when so executed are not subject to avoidance by
18the minor or the
husband or wife spouse of the minor upon either or both of them
19attaining the age of 18 because of the minority of either or both of them at the time
20of the execution thereof.
AB484,13
21Section 13
. 46.03 (34) of the statutes is amended to read:
AB484,9,2522
46.03
(34) Fetal alcohol syndrome and drug danger information. The
23department shall acquire, without cost if possible, information that describes the
24causes and effects of fetal alcohol syndrome and the dangers to a fetus from the
25mother's use of cocaine or other drugs
by the pregnant person during pregnancy and
1shall distribute the information free of charge to each county clerk so that each
2county clerk may provide information to marriage license applicants under s. 765.12
3(1) (a) and domestic partnership applicants under s. 770.07 (2).
AB484,14
4Section 14
. 46.10 (2) of the statutes is amended to read:
AB484,11,85
46.10
(2) Except as provided in subs. (2m) and (14) (b) and (c), any person,
6including but not limited to a person admitted, committed, protected, or placed under
7s. 975.01, 1977 stats., s. 975.02, 1977 stats., s. 975.17, 1977 stats., s. 55.05 (5), 2003
8stats., and s. 55.06, 2003 stats., and ss. 51.10, 51.13, 51.15, 51.20, 51.35 (3), 51.37 (5),
951.45 (10), (11), (12) and (13), 55.05, 55.055, 55.12, 55.13, 55.135, 971.14 (2) and (5),
10971.17 (1), 975.06 and 980.06, receiving care, maintenance, services
, and supplies
11provided by any institution in this state including University of Wisconsin Hospitals
12and Clinics, in which the state is chargeable with all or part of the person's care,
13maintenance, services
, and supplies, any person receiving care and services from a
14county department established under s. 51.42 or 51.437 or from a facility established
15under s. 49.73, and any person receiving treatment and services from a public or
16private agency under s. 980.06 (2) (c), 1997 stats., s. 980.08 (5), 2003 stats., or s.
17971.17 (3) (d) or (4) (e) or 980.08 (4) (g) and the person's property and estate, including
18the homestead, and the spouse of the person, and the spouse's property and estate,
19including the homestead, and, in the case of a minor child, the parents of the person,
20and their property and estates, including their homestead, and, in the case of a
21foreign child described in s. 48.839 (1) who became dependent on public funds for his
22or her primary support before an order granting his or her adoption, the resident of
23this state appointed guardian of the child by a foreign court who brought the child
24into this state for the purpose of adoption, and his or her property and estate,
25including his or her homestead, shall be liable for the cost of the care, maintenance,
1services
, and supplies in accordance with the fee schedule established by the
2department under s. 46.03 (18). If a spouse,
widow
surviving spouse, or minor, or an
3incapacitated person may be lawfully dependent upon the property for their support,
4the court shall release all or such part of the property and estate from the charges
5that may be necessary to provide for those persons. The department shall make
6every reasonable effort to notify the liable persons as soon as possible after the
7beginning of the maintenance, but the notice or the receipt thereof is not a condition
8of liability.
AB484,15
9Section 15
. 46.238 of the statutes is amended to read:
AB484,11,24
1046.238 Infants and
Infant or unborn children whose mothers abuse
11child of a person who has abused controlled substances, controlled
12substance analogs, or alcohol during pregnancy. If an agency, as defined in s.
1348.981 (1) (ag), receives a report under s. 146.0255 (2) or 146.0257 (2) and that agency
14is a county department under s. 46.22 or 46.23 or a licensed child welfare agency
15under contract with that county department, the agency shall offer to provide
16appropriate services and treatment to the infant and the
infant's mother person who
17gave birth to the infant or to the unborn child, as defined in s. 48.02 (19), and the
18expectant mother of person pregnant with the unborn child or the agency shall make
19arrangements for the provision of appropriate services and treatment. If an agency
20receives a report under s. 146.0255 (2) or 146.0257 (2) and that agency is the
21department or a licensed child welfare agency under contract with the department,
22the agency shall refer the report to the county department under s. 51.42 or 51.437
23and that county department shall offer to provide, or make arrangements for the
24provision of, those services and that treatment.
AB484,16
25Section 16
. 48.02 (5k) of the statutes is created to read:
AB484,12,1
148.02
(5k) “Expectant parent” means a person who is pregnant.
AB484,17
2Section
17. 48.02 (13) of the statutes is amended to read:
AB484,12,223
48.02
(13) “Parent" means a
biological natural parent, a
husband
spouse who
4has consented to the artificial insemination of his
wife or her spouse under s. 891.40,
5or a parent by adoption. If the child is a nonmarital child who is not adopted or whose
6parents do not subsequently intermarry under s. 767.803, “parent" includes a person
7conclusively determined from genetic test results to be the
father parent under s.
8767.804
or, a person acknowledged under s. 767.805 or a substantially similar law
9of another state
to be a natural parent, or
a person adjudicated to be
the biological
10father a natural parent. “Parent" does not include any person whose parental rights
11have been terminated. For purposes of the application of s. 48.028 and the federal
12Indian Child Welfare Act,
25 USC 1901 to
1963, “parent" means a
biological natural 13parent
of an Indian child, an Indian
husband spouse who has consented to the
14artificial insemination of his
wife or her spouse under s. 891.40, or an Indian person
15who has lawfully adopted an Indian child, including an adoption under tribal law or
16custom, and includes, in the case of a nonmarital
Indian child who is not adopted or
17whose parents do not subsequently intermarry under s. 767.803, a person
18conclusively determined from genetic test results to be the
father parent under s.
19767.804, a person acknowledged under s. 767.805, a substantially similar law of
20another state, or tribal law or custom to be the
biological father natural parent, or
21a person adjudicated to be the
biological father
natural parent, but does not include
22any person whose parental rights have been terminated.
AB484,18
23Section 18
. 48.025 (title) of the statutes is amended to read:
AB484,12,25
2448.025 (title)
Declaration of paternal parental interest in matters
25affecting children.
AB484,19
1Section
19. 48.025 (1) of the statutes is amended to read:
AB484,13,72
48.025
(1) Any person claiming to be the
father parent of a nonmarital child
3who is not adopted or whose parents do not subsequently intermarry under s.
4767.803 and whose
paternity parentage has not been established may, in accordance
5with procedures under this section, file with the department a declaration of
his 6parental interest in matters affecting the child. The department may not charge a
7fee for filing a declaration under this section.
AB484,20
8Section 20
. 48.025 (2) (a) of the statutes is amended to read:
AB484,13,119
48.025
(2) (a) A declaration under sub. (1) may be filed at any time before a
10termination of
the father's a person's parental rights under subch. VIII. This
11paragraph does not apply to a declaration that is filed on or after July 1, 2006.
AB484,21
12Section 21
. 48.025 (2) (b) of the statutes is amended to read:
AB484,13,1713
48.025
(2) (b) A declaration under sub. (1) may be filed at any time before the
14birth of the child or within 14 days after the birth of the child, except that a
man 15person who receives a notice under s. 48.42 (1g) (b) may file a declaration within 21
16days after the date on which the notice was mailed. This paragraph does not apply
17to a declaration filed before July 1, 2006.
AB484,22
18Section 22
. 48.025 (2) (c) of the statutes is amended to read:
AB484,14,219
48.025
(2) (c) The declaration shall be in writing, shall be signed and verified
20upon oath or affirmation by the person filing the declaration, and shall contain the
21person's name and address, the name and last-known address of the
mother parent
22who gave birth or expectant parent, the month and year of the birth or expected birth
23of the child, and a statement that the person filing the declaration has reason to
24believe that he
or she may be the
father parent of the child. If the person filing the
1declaration is under 18 years of age, the declaration shall also be signed by a parent
2or guardian of the person.
AB484,23
3Section 23
. 48.025 (2) (d) of the statutes is amended to read:
AB484,14,104
48.025
(2) (d) A person who has filed a declaration under sub. (1) may revoke
5the declaration at any time by filing with the department a statement, signed and
6verified upon oath or affirmation, that the person, to the best of
his the person's 7knowledge and belief, is not the
father parent of the child or that another person has
8been adjudicated as the
father parent of the child. If the person filing the revocation
9is under 18 years of age, the revocation shall also be signed by a parent or guardian
10of the person.
AB484,24
11Section 24
. 48.025 (3) (b) of the statutes is amended to read:
AB484,14,1812
48.025
(3) (b) A copy of a declaration filed with the department under sub. (1)
13shall be sent to the
mother at her last-known address
of the expectant parent or the
14person who gave birth. Nonreceipt of such copy shall not affect the validity of the
15declaration. The
mother expectant parent or the person who gave birth may send
16a written response to the declaration to the department, and the written response
17shall be filed with the declaration. Failure to send a written response shall not
18constitute an admission of the statements contained in the declaration.
AB484,25
19Section 25
. 48.025 (3) (c) of the statutes is amended to read:
AB484,15,820
48.025
(3) (c) A court in a proceeding under s. 48.13, 48.133, 48.14, or 938.13
21or under a substantially similar law of another state or a person authorized to file
22a petition under s. 48.25, 48.42, 48.837, or 938.25 or under a substantially similar
23law of another state may request the department to search its files to determine
24whether a person who may be the
father parent of the child who is the subject of the
25proceeding has filed a declaration under this section. If the department has on file
1a declaration of
paternal parental interest in matters affecting the child, the
2department shall issue to the requester a copy of the declaration. If the department
3does not have on file a declaration of
paternal
parental interest in matters affecting
4the child, the department shall issue to the requester a statement that no declaration
5could be located. The department may require a person who requests a search under
6this paragraph to pay a reasonable fee that is sufficient to defray the costs to the
7department of maintaining its file of declarations and publicizing information
8relating to declarations of
paternal parental interest under this section.
AB484,26
9Section 26
. 48.025 (5) (a) 1. of the statutes is amended to read:
AB484,15,1210
48.025
(5) (a) 1. That a person claiming to be the
father parent of a nonmarital
11child may affirmatively protect his
or her parental rights by filing a declaration of
12interest under this section.
AB484,27
13Section 27
. 48.19 (1) (cm) of the statutes is amended to read:
AB484,15,2414
48.19
(1) (cm) An order of the judge if made upon a showing satisfactory to the
15judge that the child is an expectant
mother parent, that due to the child expectant
16mother's parent's habitual lack of self-control in the use of alcohol beverages,
17controlled substances or controlled substance analogs, exhibited to a severe degree,
18there is a substantial risk that the physical health of the unborn child, and of the
19child when born, will be seriously affected or endangered unless the child expectant
20mother parent is taken into custody and that the child expectant
mother parent is
21refusing or has refused to accept any alcohol or other drug abuse services offered
to
22her or is not making or has not made a good faith effort to participate in any alcohol
23or other drug abuse services
offered to her. The order shall specify that the child
24expectant
mother parent be held in custody under s. 48.207 (1).
AB484,28
25Section 28
. 48.193 (1) (c) of the statutes is amended to read:
AB484,16,11
148.193
(1) (c) An order of the judge if made upon a showing satisfactory to the
2judge that due to the adult expectant
mother's
parent's habitual lack of self-control
3in the use of alcohol beverages, controlled substances or controlled substance
4analogs, exhibited to a severe degree, there is a substantial risk that the physical
5health of the unborn child, and of the child when born, will be seriously affected or
6endangered unless the adult expectant
mother
parent is taken into custody and that
7the adult expectant
mother parent is refusing or has refused to accept any alcohol
8or other drug abuse services offered
to her or is not making or has not made a good
9faith effort to participate in any alcohol or other drug abuse services
offered to her.
10The order shall specify that the adult expectant
mother parent be held in custody
11under s. 48.207 (1m).
AB484,29
12Section 29
. 48.20 (8) (b) of the statutes is amended to read:
AB484,16,2113
48.20
(8) (b) If the child is an expectant
mother parent who has been taken into
14custody under s. 48.19 (1) (cm) or (d) 8., the
unborn child's guardian ad litem shall
15receive the same notice about the whereabouts of the child expectant mother, about
16the reasons for holding the child expectant mother in custody, and about the
17detention hearing as the child expectant mother and her parent, guardian, legal
18custodian, or Indian custodian. The intake worker shall
notify provide the notice
19under par. (a) to the child expectant
mother
parent,
her the child expectant parent's 20parent, guardian, legal custodian, or Indian custodian, and the unborn child's
21guardian ad litem.
AB484,30
22Section 30
. 48.203 (4) of the statutes is amended to read:
AB484,17,523
48.203
(4) If the adult expectant
mother parent is believed to be mentally ill,
24drug dependent or developmentally disabled, and exhibits conduct which constitutes
25a substantial probability of physical harm to
herself or others any person, or a
1substantial probability of physical impairment or injury to the adult expectant
2mother parent exists due to the impaired judgment of the adult expectant
mother 3parent, and the standards of s. 51.15 are met, the person taking the adult expectant
4mother parent into physical custody, the intake worker
, or other appropriate person
5shall proceed under s. 51.15.
AB484,31
6Section 31
. 48.203 (5) of the statutes is amended to read:
AB484,17,127
48.203
(5) If the adult expectant
mother parent is believed to be an intoxicated
8person who has threatened, attempted, or inflicted physical harm on
herself or on
9another any person and is likely to inflict such physical harm unless committed, or
10is incapacitated by alcohol or another drug, the person taking the adult expectant
11mother parent into physical custody, the intake worker, or other appropriate person
12shall proceed under s. 51.45 (11).
AB484,32
13Section 32
. 48.203 (6) (a) of the statutes is amended to read:
AB484,17,1614
48.203
(6) (a) When an adult expectant
mother parent is interviewed by an
15intake worker, the intake worker shall inform the adult expectant
mother parent of
16her the expectant parent's right to counsel.
AB484,33
17Section 33
. 48.205 (1) (d) of the statutes is amended to read:
AB484,18,218
48.205
(1) (d) Probable cause exists to believe that the child is an expectant
19mother parent, that if the child expectant
mother parent is not held, there is a
20substantial risk that the physical health of the unborn child, and of the child when
21born, will be seriously affected or endangered by the child expectant
mother's 22parent's habitual lack of self-control in the use of alcohol beverages, controlled
23substances or controlled substance analogs, exhibited to a severe degree, and that
24the child expectant
mother parent is refusing or has refused to accept any alcohol or
1other drug abuse services offered
to her or is not making or has not made a good faith
2effort to participate in any alcohol or other drug abuse services
offered to her.
AB484,34
3Section 34
. 48.205 (1m) of the statutes is amended to read:
AB484,18,144
48.205
(1m) An adult expectant
mother parent of an unborn child may be held
5under s. 48.207 (1m) if the intake worker determines that there is probable cause to
6believe that the adult expectant
mother parent is within the jurisdiction of the court,
7to believe that if the adult expectant
mother
parent is not held, there is a substantial
8risk that the physical health of the unborn child, and of the child when born, will be
9seriously affected or endangered by the adult expectant
mother's parent's habitual
10lack of self-control in the use of alcohol beverages, controlled substances or
11controlled substance analogs, exhibited to a severe degree, and to believe that the
12adult expectant
mother parent is refusing or has refused to accept any alcohol or
13other drug abuse services offered
to her or is not making or has not made a good faith
14effort to participate in any alcohol or other drug abuse services
offered to her.
AB484,35
15Section 35
. 48.21 (1) (b) 4. of the statutes is amended to read:
AB484,18,2516
48.21
(1) (b) 4. That, if the child is an expectant
mother parent who was taken
17into custody under s. 48.19 (1) (cm) or (d) 8., probable cause exists to believe that
18there is a substantial risk that if the child expectant
mother parent is not held, the
19physical health of the unborn child, and of the child when born, will be seriously
20affected or endangered by the child expectant
mother's parent's habitual lack of
21self-control in the use of alcohol beverages, controlled substances, or controlled
22substance analogs, exhibited to a severe degree, and to believe that the child
23expectant
mother parent is refusing or has refused to accept any alcohol or other drug
24abuse services offered
to her or is not making or has not made a good faith effort to
25participate in any alcohol or other drug abuse services
offered to her.
AB484,36
1Section
36. 48.213 (1) (b) of the statutes is amended to read:
AB484,19,182
48.213
(1) (b) If no petition has been filed by the time of the hearing, an adult
3expectant
mother parent of an unborn child may be held in custody with the approval
4of the judge or circuit court commissioner for an additional 72 hours after the time
5of the hearing, excluding Saturdays, Sundays and legal holidays, only if, as a result
6of the facts brought forth at the hearing, the judge or circuit court commissioner
7determines that probable cause exists to believe that there is a substantial risk that
8if the adult expectant
mother parent is not held, the physical health of the unborn
9child, and of the child when born, will be seriously affected or endangered by the
10adult expectant
mother's parent's habitual lack of self-control in the use of alcohol
11beverages, controlled substances or controlled substance analogs, exhibited to a
12severe degree, and to believe that the adult expectant
mother parent is refusing or
13has refused to accept any alcohol or other drug abuse services offered
to her or is not
14making or has not made a good faith effort to participate in any alcohol or other drug
15abuse services
offered to her. The extension may be granted only once for any
16petition. In the event of failure to file a petition within the extension period provided
17for in this paragraph, the judge or circuit court commissioner shall order the adult
18expectant
mother's parent's immediate release from custody.
AB484,37
19Section 37
. 48.217 (1) (c) 2. of the statutes is amended to read:
AB484,19,2220
48.217
(1) (c) 2. By the child expectant
mother parent, if 12 years of age or over,
21her the child expectant parent's parent, guardian, legal custodian, or Indian
22custodian, and the unborn child's guardian ad litem.
AB484,38
23Section 38
. 48.217 (4) of the statutes is amended to read:
AB484,20,624
48.217
(4) Expectant mother parent; placement outside the home. The court
25may not change the placement of an expectant
mother
parent of an unborn child
1alleged to be in need of protection or services from a placement in the expectant
2mother's parent's home to a placement outside of the expectant
mother's parent's 3home unless the court finds that the expectant
mother parent is refusing or has
4refused to accept any alcohol or other drug abuse services offered
to her or is not
5making or has not made a good faith effort to participate in any alcohol or other drug
6abuse services
offered to her.
AB484,39
7Section 39
. 48.23 (2m) (b) of the statutes is amended to read:
AB484,20,178
48.23
(2m) (b) If a petition under s. 48.133 is contested, no expectant
mother 9parent may be placed outside of
her the expectant parent's home unless the expectant
10mother parent is represented by counsel at the fact-finding hearing and subsequent
11proceedings. If the petition is not contested, the expectant
mother parent may not
12be placed outside of
his or her home unless the expectant
mother parent is
13represented by counsel at the hearing at which the placement is made. An adult
14expectant
mother parent, however, may waive counsel if the court is satisfied that
15the waiver is knowingly and voluntarily made and the court may place the adult
16expectant
mother parent outside of
her the expectant parent's home even though the
17adult expectant
mother parent was not represented by counsel.
AB484,40
18Section 40
. 48.245 (2r) of the statutes is amended to read:
AB484,21,819
48.245
(2r) The intake worker may, after giving written notice to the child, the
20child's parent, guardian, and legal custodian, and their counsel, if any, or after giving
21written notice to the child expectant
mother, her
parent, the child expectant parent's 22parent, guardian, and legal custodian, and their counsel, if any, or after giving
23written notice to the adult expectant
mother
parent and
her the adult expectant
24parent's counsel, if any, extend the informal disposition for up to an additional 6
25months unless the parent, guardian, or legal custodian, the child or child expectant
1mother parent, if 12 years of age or over, or the adult expectant
mother
parent objects
2to the extension. If the parent, guardian, or legal custodian, the child or child
3expectant
mother parent, if 12 years of age or over, or the adult expectant
mother 4parent objects to the extension, the intake worker may request the district attorney
5or corporation counsel to file a petition under s. 48.13 or 48.133. An extension under
6this subsection may be granted only once for any informal disposition. An extension
7under this subsection of an informal disposition relating to an unborn child who is
8alleged to be in need of protection or services may be granted after the child is born.
AB484,41
9Section 41
. 48.245 (3) of the statutes is amended to read:
AB484,21,1610
48.245
(3) The obligations imposed under an informal disposition and its
11effective date shall be set forth in writing. The written agreement shall state
12whether the child has been adopted. The child and a parent, guardian, and legal
13custodian; the child expectant
mother, her parent, the child expectant parent's 14parent, guardian, and legal custodian, and the unborn child's guardian ad litem; or
15the adult expectant
mother parent and the unborn child's guardian ad litem, shall
16receive a copy, as shall any agency providing services under the agreement.
AB484,42
17Section 42
. 48.245 (4) of the statutes is amended to read:
AB484,22,218
48.245
(4) The intake worker shall inform the child, if 12 years of age or over,
19and the child's parent, guardian, and legal custodian, the child expectant
mother 20parent, if 12 years of age or over, and
her the child expectant parent's parent,
21guardian, and legal custodian, or the adult expectant
mother parent in writing of
22their right to terminate the informal disposition at any time or object at any time to
23the fact or terms of the informal disposition. If there is an objection, the intake
24worker may alter the terms of the agreement or request the district attorney or
25corporation counsel to file a petition. If the informal disposition is terminated, the
1intake worker may request the district attorney or corporation counsel to file a
2petition.
AB484,43
3Section 43
. 48.245 (5) of the statutes is amended to read:
AB484,22,84
48.245
(5) Informal disposition shall be terminated upon the request of the
5child, if 12 years of age or over, or the child's parent, guardian, or legal custodian,
6upon request of the child expectant
mother parent, if 12 years of age or over, or
her 7the child expectant parent's parent, guardian, or legal custodian, or upon the request
8of the adult expectant
mother parent.
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9Section 44
. 48.245 (8) of the statutes is amended to read:
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48.245
(8) If the obligations imposed under the informal disposition are met,
11the intake worker shall so inform the child and a parent, guardian, and legal
12custodian; the child expectant
mother, her parent, the child expectant parent's 13parent, guardian, and legal custodian, and the unborn child's guardian ad litem; or
14the adult expectant
mother parent and the unborn child's guardian ad litem, in
15writing, and no petition may be filed on the charges that brought about the informal
16disposition nor may the charges be the sole basis for a petition under ss. 48.13 to
1748.14.
AB484,45
18Section 45
. 48.255 (1m) (f) of the statutes is amended to read:
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48.255
(1m) (f) If the expectant
mother parent is a child and
the child expectant 20mother is being held in custody outside of
her the child expectant parent's home,
21reliable and credible information showing that continued placement of the child
22expectant
mother parent in
her the child expectant parent's home would be contrary
23to the welfare of the child expectant
mother
parent and, unless any of the
24circumstances specified in s. 48.355 (2d) (b) 1. to 5. applies, reliable and credible
25information showing that the person who took the child expectant
mother parent
1into custody and the intake worker have made reasonable efforts to prevent the
2removal of the child expectant
mother parent from the home, while assuring that the
3child expectant
mother's parent's health and safety are the paramount concerns, and
4to make it possible for the child expectant
mother
parent to return safely home.
AB484,46
5Section 46
. 48.255 (1m) (g) of the statutes is amended to read:
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48.255
(1m) (g) If the petitioner knows or has reason to know that the expectant
7mother parent is an Indian child
, and if the child expectant mother who has been
8removed from the home of
her the child expectant parent's parent or Indian
9custodian, reliable and credible information showing that continued custody of the
10child expectant
mother parent by
his or her parent or Indian custodian is likely to
11result in serious emotional or physical damage to the child expectant
mother parent 12under s. 48.028 (4) (d) 1. and reliable and credible information showing that active
13efforts under s. 48.028 (4) (d) 2. have been made to prevent the breakup of the Indian
14child's family and that those efforts have proved unsuccessful. The petition shall set
15forth with specificity both the information required under this paragraph and the
16information required under par. (f).
AB484,47
17Section 47
. 48.255 (4) of the statutes is amended to read:
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48.255
(4) A copy of a petition under sub. (1) shall be given to the child if the
19child is 12 years of age or over and to a parent, guardian, legal custodian, and
20physical custodian. A copy of a petition under sub. (1m) shall be given to the child
21expectant
mother parent, if 12 years of age or over,
her the child expectant parent's 22parent, guardian, legal custodian, and physical custodian, and the unborn child's
23guardian ad litem or to the adult expectant
mother
parent, the unborn child's
24guardian ad litem, and the physical custodian of the expectant
mother parent, if any.
25If the child is an Indian child who has been removed from the home of his or her
1parent or Indian custodian or the unborn child will be an Indian child when born, a
2copy of a petition under sub. (1) or (1m) shall also be given to the Indian child's Indian
3custodian and tribe or the Indian tribe with which the unborn child may be eligible
4for affiliation when born.
AB484,48
5Section 48
. 48.27 (3) (b) 1. and 2. of the statutes are amended to read:
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48.27
(3) (b) 1. Except as provided in subd. 2., if the petition that was filed
7relates to facts concerning a situation under s. 48.13 or a situation under s. 48.133
8involving an expectant
mother parent who is a child and if the child is a nonmarital
9child who is not adopted or whose parents do not subsequently intermarry as
10provided under s. 767.803 and if
paternity the child's parentage has not been
11established, the court shall notify, under s. 48.273, all of the following persons:
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a. A person who has filed a declaration of
paternal
parental interest under s.
1348.025.
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b. A person alleged to the court to be
the father
a parent of the child or who may,
15based on the statements of the
mother parent who gave birth to the child or other
16information presented to the court, be
the father
a parent of the child.
AB484,24,2017
2. A court is not required to provide notice
, under subd. 1.
, to any person who
18may be the
father parent of a child conceived as a result of a sexual assault if a
19physician attests to his or her belief that there was a sexual assault of the
child's
20mother person who gave birth that may have resulted in the child's conception.