SB464,93
24Section
93. 48.435 of the statutes is amended to read:
SB464,45,3
148.435 Custody of children. The
mother of person who gave birth to a
2nonmarital child has legal custody of the child unless the court grants legal custody
3to another person or transfers legal custody to an agency.
SB464,94
4Section 94
. 48.63 (3) (b) 4. of the statutes is amended to read:
SB464,45,135
48.63
(3) (b) 4. Before a child may be placed under subd. 1., the department,
6county department, or child welfare agency making the placement and the proposed
7adoptive parent or parents shall enter into a written agreement that specifies who
8is financially responsible for the cost of providing care for the child prior to the
9finalization of the adoption and for the cost of returning the child to the parent who
10has custody of the child if the adoption is not finalized. Under the agreement, the
11department, county department, or child welfare agency or the proposed adoptive
12parent or parents, but not
the any birth parent
of the child or
any alleged or
13presumed
father parent of the child, shall be financially responsible for those costs.
SB464,95
14Section 95
. 48.63 (3) (b) 5. of the statutes is amended to read:
SB464,45,2015
48.63
(3) (b) 5. Prior to termination of parental rights to the child, no person
16may coerce a birth parent
of the child or
any alleged or presumed
father parent of the
17child into refraining from exercising his or her right to withdraw consent to the
18transfer or surrender of the child or to termination of his or her parental rights to the
19child, to have reasonable visitation or contact with the child, or to otherwise exercise
20his or her parental rights to the child.
SB464,96
21Section 96
. 48.82 (1) (a) of the statutes is amended to read:
SB464,45,2322
48.82
(1) (a)
A husband and wife
Spouses jointly, or
either the husband or wife
23if the
other spouse
is
of a parent of the minor.
SB464,97
24Section 97
. 48.837 (1r) (d) of the statutes is amended to read:
SB464,46,9
148.837
(1r) (d) Before a child may be placed under par. (a), the department,
2county department, or child welfare agency making the placement and the proposed
3adoptive parent or parents shall enter into a written agreement that specifies who
4is financially responsible for the cost of providing care for the child prior to the
5finalization of the adoption and for the cost of returning the child to the parent who
6has custody of the child if the adoption is not finalized. Under the agreement, the
7department, county department, or child welfare agency or the proposed adoptive
8parent or parents, but not
the any birth parent
of the child or
any alleged or
9presumed
father parent of the child, shall be financially responsible for those costs.
SB464,98
10Section 98
. 48.837 (1r) (e) of the statutes is amended to read:
SB464,46,1611
48.837
(1r) (e) Prior to termination of parental rights to the child, no person
12may coerce a birth parent
of the child or
any alleged or presumed
father parent of the
13child into refraining from exercising his or her right to withdraw consent to the
14transfer or surrender of the child or to termination of his or her parental rights to the
15child, to have reasonable visitation or contact with the child, or to otherwise exercise
16his or her parental rights to the child.
SB464,99
17Section 99
. 48.837 (6) (b) of the statutes is amended to read:
SB464,47,618
48.837
(6) (b) At the beginning of the hearing held under sub. (2), the court shall
19review the report that is submitted under s. 48.913 (6). The court shall determine
20whether any payments or the conditions specified in any agreement to make
21payments are coercive to
the any birth parent
of the child or
to an alleged or
22presumed
father parent of the child or are impermissible under s. 48.913 (4). Making
23any payment to or on behalf of
the a birth parent
of the child, an, alleged or presumed
24father parent of the child
, or the child conditional in any part upon transfer or
25surrender of the child or the termination of parental rights or the finalization of the
1adoption creates a rebuttable presumption of coercion. Upon a finding of coercion,
2the court shall dismiss the petitions under subs. (2) and (3) or amend the agreement
3to delete any coercive conditions, if the parties agree to the amendment. Upon a
4finding that payments
which that are impermissible under s. 48.913 (4) have been
5made, the court may dismiss the petition and may refer the matter to the district
6attorney for prosecution under s. 948.24 (1).
SB464,100
7Section 100
. 48.837 (6) (br) of the statutes is amended to read:
SB464,47,118
48.837
(6) (br) At the hearing on the petition under sub. (2), the court shall
9determine whether any person has coerced a birth parent or
any alleged or presumed
10father parent of the child in violation of sub. (1r) (e). Upon a finding of coercion, the
11court shall dismiss the petitions under subs. (2) and (3).
SB464,101
12Section
101. 48.837 (8) of the statutes is amended to read:
SB464,47,1413
48.837
(8) Attorney representation. The same attorney may not represent the
14adoptive parents and
the a birth
mother or birth father parent.
SB464,102
15Section 102
. 48.913 (1) (a) of the statutes is amended to read:
SB464,47,1716
48.913
(1) (a) Preadoptive counseling for a birth parent
of the child or
an 17alleged or presumed
father parent of the child.
SB464,103
18Section 103
. 48.913 (1) (b) of the statutes is amended to read:
SB464,47,2019
48.913
(1) (b) Post-adoptive counseling for a birth parent
of the child or
an 20alleged or presumed
father parent of the child.
SB464,104
21Section 104
. 48.913 (1) (c) of the statutes is amended to read:
SB464,47,2422
48.913
(1) (c)
Maternity clothes
Clothes to wear during pregnancy for the
23child's birth mother person who is pregnant with the child, in an amount not to
24exceed $300.
SB464,105
25Section 105
. 48.913 (1) (f) of the statutes is amended to read:
SB464,48,3
148.913
(1) (f) Medical and hospital care received by the
child's birth mother 2person who gives birth to the child in connection with the pregnancy or birth of the
3child. Medical and hospital care does not include lost wages or living expenses.
SB464,106
4Section 106
. 48.913 (1) (i) of the statutes is amended to read:
SB464,48,95
48.913
(1) (i) Living expenses of the
child's birth mother person who gives birth
6to the child, in an amount not to exceed $5,000, if payment of the expenses by the
7proposed adoptive parents or a person acting on their behalf is necessary to protect
8the health and welfare of the
birth mother person who gives birth to the child or the
9fetus.
SB464,107
10Section 107
. 48.913 (1) (m) of the statutes is amended to read:
SB464,48,1211
48.913
(1) (m) A gift to the
child's birth mother person who gives birth to the
12child from the proposed adoptive parents, of no greater than $100 in value.
SB464,108
13Section 108
. 48.913 (2) (intro.) of the statutes is amended to read:
SB464,48,2014
48.913
(2) Payment of expenses when birth parent is residing in another
15state. (intro.) Notwithstanding sub. (1), the proposed adoptive parents of a child or
16a person acting on behalf of the proposed adoptive parents of a child may pay for an
17expense of a birth parent of the child or an alleged or presumed
father parent of the
18child if the birth parent or
the alleged or presumed
father parent was residing in
19another state when the payment was made and when the expense was incurred and
20if all of the following apply:
SB464,109
21Section 109
. 48.913 (2) (b) of the statutes is amended to read:
SB464,48,2422
48.913
(2) (b) The state in which the birth parent or
the alleged or presumed
23father parent was residing when the payment was made permits the payment of that
24expense by the proposed adoptive parents of the child.
SB464,110
25Section 110
. 48.913 (2) (c) (intro.) of the statutes is amended to read:
SB464,49,8
148.913
(2) (c) (intro.) A listing of all payments made under this subsection, a
2copy of the statutory provisions of the state in which the birth parent or
the alleged
3or presumed
father parent was residing when the payments were made that permit
4those payments to be made by the proposed adoptive parents of the child
, and a copy
5of all orders entered in the state in which the birth parent or
the alleged or presumed
6father parent was residing when the payments were made that relate to the payment
7of expenses of the birth parent or
the alleged or presumed
father parent by the
8proposed adoptive parents of the child is submitted to the court as follows:
SB464,111
9Section 111
. 48.913 (3) of the statutes is amended to read:
SB464,49,1610
48.913
(3) Method of payment. Any payment under sub. (1) or (2) shall be made
11directly to the provider of a good or service except that a payment under sub. (1) or
12(2) may be made to a birth parent
of the child or
to an alleged or presumed
father 13parent of the child as reimbursement of an amount previously paid by the birth
14parent or
by the alleged or presumed
father parent if documentation is provided
15showing that the birth parent or alleged or presumed
father parent has made the
16previous payment.
SB464,112
17Section 112
. 48.9795 (1) (a) 1. c. and (b) of the statutes are amended to read:
SB464,49,2118
48.9795
(1) (a) 1. c. Any person who has filed a declaration of
paternal parental 19interest under s. 48.025, who is alleged to the court to be
the father a parent of the
20child, or who may, based on the statements of the
mother parent who gave birth to
21the child or other information presented to the court, be the
father parent of the child.
SB464,50,222
(b) “Party" means the person petitioning for the appointment of a guardian for
23a child or any interested person other than a person who is alleged to the court to be
24the father a parent of the child or who may, based on the statements of the
mother
1parent who gave birth to the child or other information presented to the court, be the
2father parent of the child.
SB464,113
3Section 113
. 48.9795 (4) (e) 3. of the statutes is amended to read:
SB464,50,84
48.9795
(4) (e) 3. If a
man
person who has been given notice under par. (c) 1.
5appears at the initial hearing, alleges
that he is the father to be a parent of the child,
6and
states that he wishes requests to establish the
paternity parentage of the child,
7s. 48.299 (6) applies. The court may order a temporary guardianship under sub. (5)
8pending the outcome of the
paternity parentage proceedings.
SB464,114
9Section 114
. 49.141 (1) (i) 3. of the statutes is amended to read:
SB464,50,1110
49.141
(1) (i) 3. A
parent
person who has been conclusively determined from
11genetic test results to be the
father parent under s. 767.804.
SB464,115
12Section 115
. 49.141 (1) (j) 1. of the statutes is amended to read:
SB464,50,1313
49.141
(1) (j) 1. A
biological
natural parent.
SB464,116
14Section
116. 49.141 (1) (j) 2. of the statutes is amended to read:
SB464,50,1615
49.141
(1) (j) 2. A person who has consented to the artificial insemination of
his
16wife a spouse under s. 891.40.
SB464,117
17Section
117. 49.141 (1) (j) 4. of the statutes is amended to read:
SB464,50,2018
49.141
(1) (j) 4. A
man person adjudged in a judicial proceeding to be the
19biological father natural parent of a child if the child is a nonmarital child who is not
20adopted or whose parents do not subsequently intermarry under s. 767.803.
SB464,118
21Section
118. 49.141 (1) (j) 5. of the statutes is amended to read:
SB464,50,2322
49.141
(1) (j) 5. A
man person who has signed and filed with the state registrar
23under s. 69.15 (3) (b) 3. a statement acknowledging
paternity parentage.
SB464,119
24Section
119. 49.141 (1) (j) 6. of the statutes is amended to read:
SB464,51,2
149.141
(1) (j) 6. A
man
person who has been conclusively determined from
2genetic test results to be the
father parent under s. 767.804.
SB464,120
3Section
120. 49.148 (1m) (title) of the statutes is amended to read:
SB464,51,54
49.148
(1m) (title)
Custodial parent of infant; unmarried, pregnant woman
5person.
SB464,121
6Section
121. 49.148 (1m) (a) 2. of the statutes is amended to read:
SB464,51,117
49.148
(1m) (a) 2. An unmarried
woman person who would be eligible under
8s. 49.145 except that
he or she is not a custodial parent of a dependent child and who
9is in the 3rd trimester of a pregnancy that is medically verified and that is shown by
10medical documentation to be at risk and to render the
woman person unable to
11participate in the workforce.
SB464,122
12Section
122. 49.148 (1m) (c) 2. of the statutes is amended to read:
SB464,51,2213
49.148
(1m) (c) 2. Receipt of a grant under this subsection by a participant
14under par. (a) 1. constitutes participation in a Wisconsin Works employment position
15if the child is born to the participant more than 10 months after the date that the
16participant was first determined to be eligible for assistance under s. 49.19 or for a
17Wisconsin Works employment position unless the child was conceived as a result of
18a sexual assault in violation of s. 940.225 (1), (2), or (3) in which the
mother person
19who gave birth to the child did not indicate a freely given agreement to have sexual
20intercourse or in violation of s. 948.02 or 948.025 or as a result of incest in violation
21of s. 944.06 or 948.06 and that incest or sexual assault has been reported to a
22physician and to law enforcement authorities.
SB464,123
23Section 123
. 49.155 (1m) (c) 1g. of the statutes is amended to read:
SB464,52,624
49.155
(1m) (c) 1g. If the individual is a foster parent of the child or a subsidized
25guardian or interim caretaker of the child under s. 48.623, the child's
biological
1natural or adoptive family has a gross income that is at or below 200 percent of the
2poverty line. In calculating the gross income of the child's
biological natural or
3adoptive family, the department or county department or agency determining
4eligibility shall include court-ordered child or family support payments received by
5the individual, if those support payments exceed $1,250 per month, and income
6described under s. 49.145 (3) (b) 1. and 3.
SB464,124
7Section 124
. 49.155 (1m) (c) 1h. of the statutes is amended to read:
SB464,52,158
49.155
(1m) (c) 1h. If the individual is a relative of the child, is providing care
9for the child under a court order, and is receiving payments under s. 48.57 (3m) or
10(3n) on behalf of the child, the child's
biological
natural or adoptive family has a gross
11income that is at or below 200 percent of the poverty line. In calculating the gross
12income of the child's
biological natural or adoptive family, the department or county
13department or agency determining eligibility shall include court-ordered child or
14family support payments received by the individual, if those support payments
15exceed $1,250 per month, and income described under s. 49.145 (3) (b) 1. and 3.
SB464,125
16Section
125. 49.162 (2m) (a) 2. of the statutes is amended to read:
SB464,52,1817
49.162
(2m) (a) 2. A
woman
person who is in a pregnancy that is medically
18verified and that is shown by medical documentation to be at risk.
SB464,126
19Section
126. 49.162 (2m) (b) 2. of the statutes is amended to read:
SB464,52,2120
49.162
(2m) (b) 2. A
woman
person who is in a pregnancy that is medically
21verified and that is shown by medical documentation to be at risk.
SB464,127
22Section
127. 49.163 (2) (am) 2. of the statutes is amended to read:
SB464,53,223
49.163
(2) (am) 2. If over 25 years of age, be a
biological natural or adoptive
24parent of a child under 18 years of age whose parental rights to the child have not
1been terminated or be a relative and primary caregiver of a child under 18 years of
2age.
SB464,128
3Section 128
. 49.19 (1) (a) 2. a. of the statutes is amended to read:
SB464,53,144
49.19
(1) (a) 2. a. Is living with a parent; a blood relative, including those of
5half-blood, and including first cousins, nephews or nieces and persons of preceding
6generations as denoted by prefixes of grand, great or great-great; a
stepfather,
7stepmother stepparent, stepbrother
, or stepsister; a person who legally adopts the
8child or is the adoptive parent of the child's parent, a natural or legally adopted child
9of such person or a relative of an adoptive parent; or a spouse of any person named
10in this
subparagraph subd. 2. a. even if the marriage is terminated by death or
11divorce; and is living in a residence maintained by one or more of these relatives as
12the child's or their own home, or living in a residence maintained by one or more of
13these relatives as the child's or their own home because the parents of the child have
14been found unfit to have care and custody of the child; or
SB464,129
15Section 129
. 49.19 (4) (d) (intro.) of the statutes is amended to read:
SB464,53,1816
49.19
(4) (d) (intro.) Aid may be granted to the
mother or stepmother parent
17or stepparent of a dependent child if
he or she is without a
husband spouse or if
he
18or she:
SB464,130
19Section 130
. 49.19 (4) (d) 1. of the statutes is amended to read:
SB464,53,2120
49.19
(4) (d) 1. Is the
wife
spouse of a
husband person who is incapacitated for
21gainful work by mental or physical disability; or
SB464,131
22Section 131
. 49.19 (4) (d) 2. of the statutes is amended to read:
SB464,54,223
49.19
(4) (d) 2. Is the
wife
spouse of a
husband person who is incarcerated or
24who is a convicted offender permitted to live at home but precluded from earning a
1wage because the
husband person is required by a court imposed sentence to perform
2unpaid public work or unpaid community service; or
SB464,132
3Section 132
. 49.19 (4) (d) 3. of the statutes is amended to read:
SB464,54,64
49.19
(4) (d) 3. Is the
wife
spouse of a
husband person who has been committed
5to the department pursuant to ch. 975, irrespective of the probable period of such
6commitment; or
SB464,133
7Section 133
. 49.19 (4) (d) 4. of the statutes is amended to read:
SB464,54,108
49.19
(4) (d) 4. Is the
wife
spouse of a
husband person who has continuously
9abandoned or failed to support
him or her, if proceedings have been commenced
10against the
husband person under ch. 769; or
SB464,134
11Section 134
. 49.19 (4) (d) 5. of the statutes is amended to read:
SB464,54,1512
49.19
(4) (d) 5. Has been divorced and is without a
husband spouse or legally
13separated from
his or her
husband
spouse and is unable through use of the provisions
14of law to compel
his or her former
husband spouse to adequately support the child
15for whom aid is sought; or
SB464,135
16Section 135
. 49.225 (2) of the statutes is amended to read:
SB464,55,317
49.225
(2) (a) A county child support agency under s. 59.53 (5) may require, by
18subpoena in substantially the form authorized under s. 885.02 or by other means, a
19child, the
child's mother person who gave birth to the child, and
a male alleged, or
20alleging himself, to be the child's father an alleged biological parent to submit to
21genetic tests if there is probable cause to believe that the
male alleged biological
22parent had sexual intercourse with the
child's mother person who gave birth to the
23child during a possible time of the child's conception. Probable cause of sexual
24intercourse during a possible time of conception may be established by a sufficient
25affidavit of the
child's mother person who gave birth to the child, the
male alleged,
1or alleging himself, to be the child's father alleged biological parent, or the county
2child support agency under s. 59.53 (5) based on information provided by the
child's
3mother person who gave birth to the child.
SB464,55,84
(b) If there is only one
male alleged
, or alleging himself, to be the father 5biological parent and one or more persons required to submit to genetic tests under
6par. (a) fail to appear for the scheduled tests, the county child support agency under
7s. 59.53 (5) may bring an action under s. 767.80 for determining the
paternity 8parentage of the child.
SB464,136
9Section 136
. 49.225 (3) (a) of the statutes is amended to read: