SB464,13,72
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.
SB464,20
8Section 20
. 48.025 (2) (a) of the statutes is amended to read:
SB464,13,119
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.
SB464,21
12Section 21
. 48.025 (2) (b) of the statutes is amended to read:
SB464,13,1713
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.
SB464,22
18Section 22
. 48.025 (2) (c) of the statutes is amended to read:
SB464,14,219
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.
SB464,23
3Section 23
. 48.025 (2) (d) of the statutes is amended to read:
SB464,14,104
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.
SB464,24
11Section 24
. 48.025 (3) (b) of the statutes is amended to read:
SB464,14,1812
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.
SB464,25
19Section 25
. 48.025 (3) (c) of the statutes is amended to read:
SB464,15,820
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.
SB464,26
9Section 26
. 48.025 (5) (a) 1. of the statutes is amended to read:
SB464,15,1210
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.
SB464,27
13Section 27
. 48.19 (1) (cm) of the statutes is amended to read:
SB464,15,2414
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).
SB464,28
25Section 28
. 48.193 (1) (c) of the statutes is amended to read:
SB464,16,11
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).
SB464,29
12Section 29
. 48.20 (8) (b) of the statutes is amended to read:
SB464,16,2113
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.
SB464,30
22Section 30
. 48.203 (4) of the statutes is amended to read:
SB464,17,523
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.
SB464,31
6Section 31
. 48.203 (5) of the statutes is amended to read:
SB464,17,127
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).
SB464,32
13Section 32
. 48.203 (6) (a) of the statutes is amended to read:
SB464,17,1614
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.
SB464,33
17Section 33
. 48.205 (1) (d) of the statutes is amended to read:
SB464,18,218
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.
SB464,34
3Section 34
. 48.205 (1m) of the statutes is amended to read:
SB464,18,144
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.
SB464,35
15Section 35
. 48.21 (1) (b) 4. of the statutes is amended to read:
SB464,18,2516
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.
SB464,36
1Section
36. 48.213 (1) (b) of the statutes is amended to read:
SB464,19,182
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.
SB464,37
19Section 37
. 48.217 (1) (c) 2. of the statutes is amended to read:
SB464,19,2220
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.
SB464,38
23Section 38
. 48.217 (4) of the statutes is amended to read:
SB464,20,624
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.
SB464,39
7Section 39
. 48.23 (2m) (b) of the statutes is amended to read:
SB464,20,178
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.
SB464,40
18Section 40
. 48.245 (2r) of the statutes is amended to read:
SB464,21,819
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.
SB464,41
9Section 41
. 48.245 (3) of the statutes is amended to read:
SB464,21,1610
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.
SB464,42
17Section 42
. 48.245 (4) of the statutes is amended to read:
SB464,22,218
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.
SB464,43
3Section 43
. 48.245 (5) of the statutes is amended to read:
SB464,22,84
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.
SB464,44
9Section 44
. 48.245 (8) of the statutes is amended to read:
SB464,22,1710
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.
SB464,45
18Section 45
. 48.255 (1m) (f) of the statutes is amended to read:
SB464,23,419
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.
SB464,46
5Section 46
. 48.255 (1m) (g) of the statutes is amended to read:
SB464,23,166
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).
SB464,47
17Section 47
. 48.255 (4) of the statutes is amended to read:
SB464,24,418
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.
SB464,48
5Section 48
. 48.27 (3) (b) 1. and 2. of the statutes are amended to read:
SB464,24,116
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:
SB464,24,1312
a. A person who has filed a declaration of
paternal
parental interest under s.
1348.025.
SB464,24,1614
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.
SB464,24,2017
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.
SB464,49
21Section 49
. 48.27 (3) (c) of the statutes is amended to read:
SB464,25,822
48.27
(3) (c) If the petition that was filed relates to facts concerning a situation
23under s. 48.133 involving an expectant
mother
parent who is an adult, the court shall
24notify, under s. 48.273, the unborn child's guardian ad litem, the expectant
mother 25parent, the physical custodian of the expectant
mother parent, if any, and any person
1specified in par. (d), if applicable, of all hearings involving the unborn child and
2expectant
mother parent except hearings on motions for which notice need only be
3provided to the expectant
mother parent and
her the expectant parent's counsel and
4the unborn child's guardian ad litem. The first notice to any interested party shall
5be written and may have a copy of the petition attached to it. Thereafter, notice of
6hearings may be given by telephone at least 72 hours before the time of the hearing.
7The person giving telephone notice shall place in the case file a signed statement of
8the time notice was given and the person to whom he or she spoke.
SB464,50
9Section 50
. 48.27 (4) (b) 2. of the statutes is amended to read:
SB464,25,1110
48.27
(4) (b) 2. Advise the adult expectant
mother parent of
her the expectant
11parent's right to legal counsel regardless of ability to pay.
SB464,51
12Section
51. 48.27 (5) of the statutes is amended to read:
SB464,25,1913
48.27
(5) Subject to sub. (3) (b), the court shall make every reasonable effort
14to identify and notify any person who has filed a declaration of
paternal parental 15interest under s. 48.025, any person conclusively determined from genetic test
16results to be the
father parent under s. 767.804 (1), any person who has
17acknowledged
paternity parentage of the child under s. 767.805 (1), and any person
18who has been adjudged to be the
father parent of the child in a judicial proceeding
19unless the person's parental rights have been terminated.
SB464,52
20Section 52
. 48.295 (1) of the statutes is amended to read:
SB464,26,1821
48.295
(1) After the filing of a petition and upon a finding by the court that
22reasonable cause exists to warrant a physical, psychological, mental, or
23developmental examination or an alcohol and other drug abuse assessment that
24conforms to the criteria specified under s. 48.547 (4), the court may order any child
25coming within its jurisdiction to be examined as an outpatient by personnel in an
1approved treatment facility for alcohol and other drug abuse, by a physician,
2psychiatrist or licensed psychologist, or by another expert appointed by the court
3holding at least a master's degree in social work or another related field of child
4development, in order that the child's physical, psychological, alcohol or other drug
5dependency, mental, or developmental condition may be considered. The court may
6also order a physical, psychological, mental, or developmental examination or an
7alcohol and other drug abuse assessment that conforms to the criteria specified
8under s. 48.547 (4) of a parent, guardian, or legal custodian whose ability to care for
9a child is at issue before the court or of an expectant
mother parent whose
ability to
10control her use of alcohol beverages, controlled substances, or controlled substance
11analogs is at issue before the court. The court shall hear any objections by the child
12or the child's parents, guardian, or legal custodian to the request for such an
13examination or assessment before ordering the examination or assessment. The
14expenses of an examination, if approved by the court, shall be paid by the county of
15the court ordering the examination in a county having a population of less than
16750,000 or by the department in a county having a population of 750,000 or more.
17The payment for an alcohol and other drug abuse assessment shall be in accordance
18with s. 48.361.
SB464,53
19Section 53
. 48.299 (1) (a) of the statutes is amended to read:
SB464,27,220
48.299
(1) (a) The general public shall be excluded from hearings under this
21chapter and from hearings by courts exercising jurisdiction under s. 48.16 unless a
22public fact-finding hearing is demanded by a child through
his or her counsel, by an
23expectant
mother parent through
her counsel, or by an unborn child's guardian ad
24litem. However, the court shall refuse to grant the public hearing in a proceeding
1other than a proceeding under s. 48.375 (7), if a parent, guardian, expectant
mother 2parent, or unborn child's guardian ad litem objects.
SB464,54
3Section 54
. 48.299 (6) (intro.) of the statutes is amended to read:
SB464,27,84
48.299
(6) (intro.) If a
man
person who has been given notice under s. 48.27 (3)
5(b) 1., 48.977 (4) (c) 1., 48.978 (2) (c) 1., or 48.9795 (4) (c) 1. appears at any hearing
6for which
he the person received the notice, alleges
that he is the father to be the
7parent of the child, and
states that he wishes
requests to establish the
paternity of
8the child child's parentage, all of the following apply:
SB464,55
9Section 55
. 48.299 (6) (e) 1. of the statutes is amended to read:
SB464,27,1410
48.299
(6) (e) 1. In this paragraph, “genetic test" means a test that examines
11genetic markers present on blood cells, skin cells, tissue cells, bodily fluid cells or
12cells of another body material for the purpose of determining the statistical
13probability that a
man person who is alleged to be a child's
father parent is the child's
14biological
father parent.
SB464,56
15Section 56
. 48.299 (6) (e) 2. of the statutes is amended to read:
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48.299
(6) (e) 2. The court shall, at the hearing, orally inform any
man person 17specified in sub. (6) (intro.) that he
or she may be required to pay for any testing
18ordered by the court under this paragraph or under s. 885.23.
SB464,57
19Section 57
. 48.299 (6) (e) 3. of the statutes is amended to read:
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48.299
(6) (e) 3. In addition to ordering testing as provided under s. 885.23, if
21the court determines that it would be in the best interests of the child, the court may
22order any
man person specified in sub. (6) (intro.) to submit to one or more genetic
23tests which shall be performed by an expert qualified as an examiner of genetic
24markers present on the cells and of the specific body material to be used for the tests,
25as appointed by the court. A report completed and certified by the court-appointed
1expert stating genetic test results and the statistical probability that the
man person 2alleged to be the child's
father parent is the child's biological
father parent based
3upon the genetic tests is admissible as evidence without expert testimony and may
4be entered into the record at any hearing. The court, upon request by a party, may
5order that independent tests be performed by other experts qualified as examiners
6of genetic markers present on the cells of the specific body materials to be used for
7the tests.
SB464,58
8Section 58
. 48.299 (6) (e) 4. of the statutes is amended to read:
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48.299
(6) (e) 4. If the genetic tests show that an alleged
father parent is not
10excluded and that the statistical probability that the alleged
father parent is the
11child's biological
father parent is 99.0 percent or higher, the court may determine
12that for purposes of a proceeding under this chapter, other than a proceeding under
13subch. VIII, the
man person is the child's biological parent.
SB464,59
14Section 59
. 48.299 (7) of the statutes is amended to read:
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48.299
(7) If a
man person who has been given notice under s. 48.27 (3) (b) 1.,
1648.977 (4) (c) 1., 48.978 (2) (c) 1., or 48.9795 (4) (c) 1. appears at any hearing for which
17he the person received the notice but does not allege
that he is the father to be the
18parent of the child and
state that he wishes
states a wish to establish the
paternity
19parentage of the child
, or if no
man person to whom such notice was given appears
20at a hearing, the court may refer the matter to the state or to the attorney responsible
21for support enforcement under s. 59.53 (6) (a) for a determination, under s. 767.80,
22of whether an action should be brought for the purpose of determining the
paternity 23parentage of the child.
SB464,60
24Section 60
. 48.299 (8) of the statutes is amended to read:
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148.299
(8) As part of the proceedings under this chapter, the court may order
2that a record be made of any testimony of the
child's mother person who gave birth
3to the child relating to the child's
paternity
parentage. A record made under this
4subsection is admissible in a proceeding to determine the child's
paternity parentage 5under subch. IX of ch. 767.
SB464,61
6Section 61
. 48.30 (2) of the statutes is amended to read:
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48.30
(2) At the commencement of the hearing under this section
, the child and
8the parent, guardian, legal custodian, or Indian custodian; the child expectant
9mother, her parent, the child expectant parent's parent, guardian, legal custodian,
10or Indian custodian, and the unborn child's guardian ad litem; or the adult expectant
11mother parent and the unborn child's guardian ad litem
; shall be advised of the
12rights specified in s. 48.243 and shall be informed that a request for a jury trial or
13for a substitution of judge under s. 48.29 must be made before the end of the plea
14hearing or is waived. Nonpetitioning parties, including the child, shall be granted
15a continuance of the plea hearing if they wish to consult with an attorney on the
16request for a jury trial or substitution of a judge.
SB464,62
17Section 62
. 48.32 (1) (a) of the statutes is amended to read: