AB314: Bill Text

AB314,131 Section 131. 49.19 (4) (d) 2. of the statutes is amended to read:

AB314,56,14 49.19 (4) (d) 2. Is the wife spouse of a husband person who is incarcerated or who is a convicted offender permitted to live at home but precluded from earning a wage because the husband person is required by a court imposed sentence to perform unpaid public work or unpaid community service; or

AB314,132 Section 132. 49.19 (4) (d) 3. of the statutes is amended to read:

AB314,56,18 49.19 (4) (d) 3. Is the wife spouse of a husband person who has been committed to the department pursuant to ch. 975, irrespective of the probable period of such commitment; or

AB314,133 Section 133. 49.19 (4) (d) 4. of the statutes is amended to read:

AB314,56,22 49.19 (4) (d) 4. Is the wife spouse of a husband person who has continuously abandoned or failed to support him or her, if proceedings have been commenced against the husband person under ch. 769; or

AB314,134 Section 134. 49.19 (4) (d) 5. of the statutes is amended to read:

AB314,57,4 49.19 (4) (d) 5. Has been divorced and is without a husband spouse or legally separated from his or her husband spouse and is unable through use of the provisions of law to compel his or her former husband spouse to adequately support the child for whom aid is sought; or

AB314,135 Section 135. 49.225 (2) of the statutes is amended to read:

AB314,57,17 49.225 (2) (a) A county child support agency under s. 59.53 (5) may require, by subpoena in substantially the form authorized under s. 885.02 or by other means, a child, the child’s mother person who gave birth to the child, and a male alleged, or alleging himself, to be the child’s father an alleged biological parent to submit to genetic tests if there is probable cause to believe that the male alleged biological parent had sexual intercourse with the child’s mother person who gave birth to the child during a possible time of the child’s conception. Probable cause of sexual intercourse during a possible time of conception may be established by a sufficient affidavit of the child’s mother person who gave birth to the child, the male alleged, or alleging himself, to be the child’s father alleged biological parent, or the county child support agency under s. 59.53 (5) based on information provided by the child’s mother person who gave birth to the child.

AB314,57,22 (b) If there is only one male alleged, or alleging himself, to be the father biological parent and one or more persons required to submit to genetic tests under par. (a) fail to appear for the scheduled tests, the county child support agency under s. 59.53 (5) may bring an action under s. 767.80 for determining the paternity parentage of the child.

AB314,136 Section 136. 49.225 (3) (a) of the statutes is amended to read:

AB314,58,6 49.225 (3) (a) The county may seek reimbursement from either the mother or male alleged, or alleging himself, to be the father person who gave birth to the child or the alleged biological parent, or from both, if the test results show that the male alleged biological parent is not excluded as the father biological parent and that the statistical probability of the male’s alleged biological parent’s parentage is 99.0 percent or higher.

AB314,137 Section 137. 49.26 (1) (g) 11. of the statutes is amended to read:

AB314,58,10 49.26 (1) (g) 11. If the individual is the mother of gave birth to a child, a physician has not determined that the individual should delay her return returning to school after giving birth.

AB314,138 Section 138. 49.345 (2) of the statutes is amended to read:

AB314,59,10 49.345 (2) Except as provided in sub. (14) (b) and (c), any person, including a person placed under s. 48.32 (1) (am) or (b), 48.345 (3), 48.357 (1) or (2m), 938.183, 938.34 (3) or (4d), or 938.357 (1), (2m), (4), or (5) (e), receiving care, maintenance, services, and supplies provided by any institution in this state, in which the state is chargeable with all or part of the person’s care, maintenance, services, and supplies, and the person’s property and estate, including the homestead, and the spouse of the person, and the spouse’s property and estate, including the homestead, and, in the case of a minor child, the parents of the person, and their property and estates, including their homestead, and, in the case of a foreign child described in s. 48.839 (1) who became dependent on public funds for his or her primary support before an order granting his or her adoption, the resident of this state appointed guardian of the child by a foreign court who brought the child into this state for the purpose of adoption, and his or her property and estate, including his or her homestead, shall be liable for the cost of the care, maintenance, services, and supplies in accordance with the fee schedule established by the department under s. 49.32 (1). If a spouse, widow surviving spouse, or minor, or an incapacitated person may be lawfully dependent upon the property for his or her support, the court shall release all or such part of the property and estate from the charges that may be necessary to provide for the person. The department shall make every reasonable effort to notify the liable persons as soon as possible after the beginning of the maintenance, but the notice or the receipt of the notice is not a condition of liability.

AB314,139 Section 139. 49.43 (12) of the statutes is amended to read:

AB314,59,14 49.43 (12) “Spouse” means the legal husband or wife of person to whom the beneficiary is legally married, whether or not the person is eligible for medical assistance.

AB314,140 Section 140. 49.463 (3) (b) 2. a. of the statutes is amended to read:

AB314,59,17 49.463 (3) (b) 2. a. Alleged to be the father parent in a parentage action under s. 767.80 of a child under the age of 18.

AB314,141 Section 141. 49.471 (1) (b) 2. of the statutes is amended to read:

AB314,59,20 49.471 (1) (b) 2. A stepfather, stepmother stepparent, stepbrother, or stepsister.

AB314,142 Section 142. 49.79 (6q) (b) 2. a. of the statutes is amended to read:

AB314,59,23 49.79 (6q) (b) 2. a. Alleged to be the father parent in a parentage action under s. 767.80 of a child under the age of 18.

AB314,143 Section 143. 49.90 (4) of the statutes is amended to read:

AB314,61,5 49.90 (4) The circuit court shall in a summary way hear the allegations and proofs of the parties and by order require maintenance from these relatives, if they have sufficient ability, considering their own future maintenance and making reasonable allowance for the protection of the property and investments from which they derive their living and their care and protection in old age, in the following order: First the husband or wife spouse; then the father and the mother parents; and then the grandparents in the instances in which sub. (1) (a) 2. applies. The order shall specify a sum which that will be sufficient for the support of the dependent person under sub. (1) (a) 1. or the maintenance of a child of a dependent person under sub. (1) (a) 2., to be paid weekly or monthly, during a period fixed by the order or until the further order of the court. If the court is satisfied that any such relative is unable wholly to maintain the dependent person or the child, but is able to contribute to the person’s support or the child’s maintenance, the court may direct 2 or more of the relatives to maintain the person or the child and prescribe the proportion each shall contribute. If the court is satisfied that these relatives are unable together wholly to maintain the dependent person or the child, but are able to contribute to the person’s support or the child’s maintenance, the court shall direct a sum to be paid weekly or monthly by each relative in proportion to ability. Contributions directed by court order, if for less than full support, shall be paid to the department of health services or the department of children and families, whichever is appropriate, and distributed as required by state and federal law. An order under this subsection that relates to maintenance required under sub. (1) (a) 2. shall specifically assign responsibility for and direct the manner of payment of the child’s health care expenses, subject to the limitations under subs. (1) (a) 2. and (11). Upon application of any party affected by the order and upon like notice and procedure, the court may modify such an order. Obedience to such an order may be enforced by proceedings for contempt.

AB314,144 Section 144. 51.13 (4) (h) 4. of the statutes is amended to read:

AB314,61,12 51.13 (4) (h) 4. If there is a reason to believe the minor is in need of protection or services under s. 48.13 or 938.13 or the minor is an expectant mother of pregnant with an unborn child in need of protection or services under s. 48.133, dismiss the petition and authorize the filing of a petition under s. 48.25 (3) or 938.25 (3). The court may release the minor or may order that the minor be taken and held in custody under s. 48.19 (1) (c) or (cm) or 938.19 (1) (c).

AB314,145 Section 145. 54.01 (36) (a) of the statutes is amended to read:

AB314,61,19 54.01 (36) (a) An individual who obtains or consents to a final decree or judgment of divorce from the decedent or an annulment of their marriage, if the decree or judgment is not recognized as valid in this state, unless the 2 subsequently participated in a marriage ceremony purporting to marry each other or they subsequently held themselves out as husband and wife married to each other.

AB314,146 Section 146. 54.960 (1) of the statutes is amended to read:

AB314,62,4 54.960 (1) Beneficial interests in a custodial trust created for multiple beneficiaries are deemed to be separate custodial trusts of equal undivided interests for each beneficiary. Except in a transfer or declaration for use and benefit of husband and wife 2 individuals who are married to each other, for whom survivorship is presumed, a right of survivorship does not exist unless the instrument creating the custodial trust specifically provides for survivorship or survivorship is required as to marital property.

AB314,147 Section 147. 69.03 (14) of the statutes is amended to read:

AB314,62,13 69.03 (14) Provide hospitals with a pamphlet containing information for parents about birth records, including how to add the name of the father other parent of a child whose parents were not married at any time from the conception to the birth of the child to the birth record under s. 69.15 (3) (b) or, if the father other parent will not sign an affidavit, through a paternity parentage action; the legal significance and future medical advantages to the child of having the father’s other parent’s name inserted on the birth record; and the availability of services under s. 49.22.

AB314,148 Section 148. 69.03 (15) of the statutes is amended to read:

AB314,62,18 69.03 (15) Periodically provide to each county child support agency under s. 59.53 (5) a list of names and, notwithstanding s. 69.20 (2) (a), addresses of registrants who reside in that county for whom no father’s only one parent’s name has been inserted on the registrant’s birth record within 6 months of birth.

AB314,149 Section 149. 69.11 (4) (b) of the statutes is amended to read:

AB314,63,10 69.11 (4) (b) The state registrar may amend an item on a birth record that affects information about the name, sex, date of birth, place of birth, parent’s name, or parent’s marital status of the mother if 365 days have elapsed since the occurrence of the event that is the subject of the birth record, if the amendment is at the request of a person with a direct and tangible interest in the record and is in the manner prescribed by the state registrar, and if the amendment is accompanied by 2 items of documentary evidence from early childhood that are sufficient to prove that the item to be changed is in error and by the affidavit of the person requesting the amendment. A change in the marital status on the birth record may be made under this paragraph only if the marital status is inconsistent with information concerning the father or husband that appears on the birth record. This paragraph may not be used to add to or delete from a birth record the name of a parent, to change the identity of a parent named on the birth record, or to effect a name change prohibited under s. 301.47.

AB314,150 Section 150. 69.12 (5) of the statutes is amended to read:

AB314,63,16 69.12 (5) A change in the marital status on the record of birth may be requested under this section only if the marital status is inconsistent with father or husband information appearing on the birth record. This section may not be used to add or delete the name of a parent on the record of birth or change the identity of either parent named on the birth record.

AB314,151 Section 151. 69.13 (intro.) of the statutes is amended to read:

AB314,63,22 69.13 Correction of facts misrepresented by informant for record of birth. (intro.) The state registrar may, under an order issued by the circuit court of the county in which a birth occurred, correct information about the parent or the marital status of the mother person who gave birth on a record of birth that is registered in this state if all of the following conditions apply:

AB314,152 Section 152. 69.13 (2) (b) 4. of the statutes is amended to read:

AB314,64,6 69.13 (2) (b) 4. If relevant to the correction sought, a certified copy of a marriage document, divorce or annulment record, or a final divorce decree that indicates that the mother person who gave birth to the child was not married to the person listed as his or her husband spouse at any time during the pregnancy, a legal name change order, or any other legal document that clarifies the disputed information.

AB314,153 Section 153. 69.14 (1) (c) 4. of the statutes is amended to read:

AB314,64,11 69.14 (1) (c) 4. In the absence of a person under subds. 1. to 3., the father or mother parent, parent’s spouse, or, in the absence of the father the parent or parent’s spouse and the inability of the mother person who gave birth to the child, the person responsible for the premises where the birth occurs.

AB314,154 Section 154. 69.14 (1) (cm) of the statutes is amended to read:

AB314,65,4 69.14 (1) (cm) Information concerning paternity parentage. For a birth which occurs en route to or at a hospital, the filing party shall give the mother person who gave birth a copy of the pamphlet under s. 69.03 (14). If the child’s parents are not married at the time of the child’s birth, the filing party shall give the mother person who gave birth a copy of the form prescribed by the state registrar under s. 69.15 (3) (b) 3. The filing party shall ensure that trained, designated hospital staff provide to the child’s available parents oral information or an audio or video presentation and written information about the form and the significance and benefits of, and alternatives to, establishing paternity parentage, before the parents sign the form. The filing party shall also provide an opportunity to complete the form and have the form notarized in the hospital. If the mother person who gave birth provides a completed form to the filing party while she the person is a patient in the hospital and within 5 days after the birth, the filing party shall send the form directly to the state registrar. The department of children and families shall pay the filing party a financial incentive for correctly filing a form within 60 days after the child’s birth.

AB314,155 Section 155. 69.14 (1) (e) of the statutes is amended to read:

AB314,65,11 69.14 (1) (e) Father’s Other parent’s name. 1. If the mother of person who gave birth to a registrant under this section was married at any time from the conception to the birth of the registrant, the name of the husband spouse of the mother person who gave birth shall be entered on the birth record as the a legal father parent of the registrant. The name of the father parent entered under this subdivision may not be changed except by a proceeding under ch. 48 or 767.

AB314,65,17 2. If the mother person who gave birth was not married at any time from the conception to the birth of a registrant under this section, no name of any alleged father parent of the registrant may be entered as the father a parent on the birth record except as provided under s. 69.15 (3). If under this subdivision the name of the father a parent of the registrant of a birth record is omitted from the record, no other information about the father parent may be entered on the record.

AB314,156 Section 156. 69.14 (1) (f) 1. of the statutes is amended to read:

AB314,66,2 69.14 (1) (f) 1. a. Except as provided under subd. 1. b., if the mother of person who gave birth to a registrant of a birth record under this section is married to the father of the registrant at any time from the conception to the birth of the registrant, the given name and surname which that the mother and father parents of the registrant enter for the registrant on the birth record shall be the given name and surname filed and registered on the birth record.

AB314,66,12 b. If the mother parents of a registrant of a birth record under this section is are married to the father of the registrant each other at any time from the conception to the birth of the registrant and the mother is are separated or divorced from the father of the registrant at the time of birth, the given name and surname which that the parent of the registrant with actual custody enters for the registrant on the birth record shall be the given name and surname filed and registered on the birth record, except that if a court has granted legal custody of the registrant, the given name and surname which that the person with legal custody enters for the registrant on the birth record shall be the given name and surname filed and registered on the birth record.

AB314,66,21 c. If the mother of person who gave birth to a registrant of a birth record under this section is not married to the father of the registrant at any time from the conception to the birth of the registrant, the given name and surname which that the mother of person who gave birth to the registrant enters for the registrant on the birth record shall be the given name and surname filed and registered on the birth record, except that if a court has granted legal custody of the registrant, the given name and surname which that the person with legal custody enters for the registrant on the birth record shall be the given name and surname filed and registered on the birth record.

AB314,157 Section 157. 69.14 (1) (g) of the statutes is amended to read:

AB314,67,6 69.14 (1) (g) Birth by artificial insemination. If the registrant of a birth record under this section is born as a result of artificial insemination under the requirements of s. 891.40, the husband spouse of the woman person who gave birth to the registrant shall be considered the father a parent of the registrant on the birth record. If the registrant is born as a result of artificial insemination which does not satisfy the requirements of s. 891.40, the information about the father of the registrant shall be omitted from the registrant’s birth record.

AB314,158 Section 158. 69.14 (1) (h) of the statutes is amended to read:

AB314,67,17 69.14 (1) (h) If the registrant of a birth record under this section is born to a surrogate mother, information about the surrogate mother shall be entered on the birth record and the information about the father a second parent shall be omitted from the birth record. If After a court determines parental rights over the registrant, the clerk of court shall report the court’s determination to the state registrar on a form prescribed by the state registrar, along with the fee required under s. 69.22. Upon receipt of the report, the state registrar shall prepare and register a new birth record for the registrant under s. 69.15 (6) and send notice of the new record to the local registrar who filed the original record. Upon receipt of the notice, the local registrar shall destroy his or her copy of the replaced record.

AB314,159 Section 159. 69.14 (2) (b) 2. c. and d. of the statutes are amended to read:

AB314,67,20 69.14 (2) (b) 2. c. The full maiden birth name of the mother person who gave birth.

AB314,68,2 d. The full birth name of the father other parent of the registrant, except that if the mother was parents were not married to each other at the time of conception or birth or between conception and birth of the registrant, the name of the father other parent may not be entered except as provided under s. 69.15 (3).

AB314,160 Section 160. 69.15 (1) of the statutes is amended to read:

AB314,68,8 69.15 (1) Birth record information changes. The state registrar may change information on a birth record registered in this state which was correct at the time the birth record was filed under a court or administrative order issued in this state, in another state or in Canada or under the valid order of a court of any federally recognized Indian tribe, band, or nation if all of the following occur:

AB314,68,10 (a) The order provides for an adoption, name change, or name change with sex change or establishes paternity; and parentage.

AB314,68,15 (b) A clerk of court or, for a paternity parentage action, a clerk of court or county child support agency under s. 59.53 (5), sends the state registrar a certified report of an order of a court in this state in the method prescribed by the state registrar or, in the case of any other order, the state registrar receives a certified copy of the order and the proper fee under s. 69.22.

AB314,161 Section 161. 69.15 (3) (title) of the statutes is repealed and recreated to read:

AB314,68,17 69.15 (3) (title) Parentage.

AB314,162 Section 162. 69.15 (3) (a) (intro.), 1., 2. and 3. and (b) 1., 2., 3. and 4. (intro.), a. and b. of the statutes are amended to read:

AB314,69,2 69.15 (3) (a) (intro.) If the state registrar receives an order under sub. (1) that establishes paternity parentage or determines that the man a person whose name appears on a registrant’s birth record is not the father a parent of the registrant, or a report under s. 767.804 (1) (c) that shows a conclusive determination of paternity parentage, the state registrar shall do the following, as appropriate:

AB314,69,6 1. Prepare under sub. (6) a new record omitting the father’s parent’s name if the order determines that the man person whose name appears on a registrant’s birth record is not the father a parent of the registrant and if there is no other adjudicated father parent.

AB314,69,9 2. Prepare under sub. (6) a new record for the subject of a paternity parentage action changing the name of the father parent if the name of the adjudicated father is different than the name of the man parent does not appear on the birth record.

AB314,69,12 3. Except as provided under subd. 4., insert the name of the adjudicated or conclusively determined father parent on the original birth record if the name of the father that parent was omitted on the original record.

AB314,69,21 (b) 1. Except as provided under par. (c), if the state registrar receives a statement acknowledging paternity parentage in the manner prescribed by the state registrar and signed by both of the birth natural parents of a child determined to be a marital child under s. 767.803, a certified copy of the parents’ marriage record, and the fee required under s. 69.22 (5) (b) 1., the state registrar shall insert the name of the husband spouse of the person who gave birth from the marriage record as the father other parent if the name of the father the other parent was omitted on the original birth record. The state registrar shall include for the acknowledgment the items in s. 767.813 (5g).

AB314,70,3 2. Except as provided under par. (c), if the parent of a child determined to be a marital child under s. 767.803 dies after his or her marriage and before the statement acknowledging paternity parentage has been signed, the state registrar shall insert the name of the father parent under subd. 1. upon receipt of a court order determining that the husband spouse was the father parent of the child.

AB314,70,14 3. Except as provided under par. (c), if the state registrar receives a statement acknowledging paternity parentage in the method prescribed by the state registrar and signed by both parents, neither of whom was under the age of 18 years when the form was signed, along with the fee under s. 69.22, the state registrar shall insert the name of the father parent under subd. 1. The state registrar shall mark the record to show that the acknowledgement is on file. The acknowledgement shall be available to the department of children and families or a county child support agency under s. 59.53 (5) pursuant to the program responsibilities under s. 49.22 or to any other person with a direct and tangible interest in the record. The state registrar shall include on the acknowledgment the information in s. 767.805 and the items in s. 767.813 (5g).

AB314,70,19 4. (intro.) If a registrant has not reached the age of 18 years and if any of the following indicate, in a statement acknowledging paternity parentage under subd. 1. or 3., that the given name or surname, or both, of the registrant should be changed on the birth record, the state registrar shall enter the name indicated on the birth record without a court order:

AB314,70,21 a. The mother of the parent who gave birth to the registrant, except as provided under subd. 4. b. and c.

AB314,70,23 b. The father of natural parent who did not give birth to the registrant if the father that parent has legal custody of the registrant.

AB314,163 Section 163. 69.15 (3) (b) 3m. of the statutes is created to read:

AB314,71,8 69.15 (3) (b) 3m. Except as provided in par. (c), if the state registrar receives an acknowledgement of parentage on a form prescribed by the state registrar and signed by both of the people presumed to be natural parents under s. 891.41 (1) (b), a certified copy of the parents’ marriage certificate, and the fee required under s. 69.22 (5) (b) 1., the state registrar shall insert the name of the spouse of the person who gave birth from the marriage certificate as a parent if the name of that parent was omitted on the original birth certificate.

AB314,164 Section 164. 69.15 (3m) (title) of the statutes is amended to read:

AB314,71,11 69.15 (3m) (title) Rescission of statement acknowledging paternity parentage.

AB314,165 Section 165. 69.15 (3m) (a) 3. and (b) of the statutes are amended to read:

AB314,71,17 69.15 (3m) (a) 3. The person rescinding the statement files a rescission in the method prescribed under subd. 2. before the day on which a court or circuit court commissioner makes an order in an action affecting the family involving the man person who signed the statement and the child who is the subject of the statement or before 60 days elapse after the statement was filed, whichever occurs first.

AB314,71,21 (b) If the state registrar, within the time required under par. (a) 3., receives a rescission in the method prescribed by the state registrar, along with the proper fee under s. 69.22, the state registrar shall prepare under sub. (6) a new record omitting the father’s parent’s name if it was inserted under sub. (3) (b).

AB314,166 Section 166. 69.18 (1) (e) 1. (intro.) of the statutes is amended to read:

AB314,72,4 69.18 (1) (e) 1. (intro.) If a death is a miscarriage and 20 weeks or more have elapsed between the mother’s last normal menstrual period of the person who was pregnant and delivery or the stillbirth weighs 350 grams or more, one of the following shall submit, within 5 days after delivery, a fetal death report to the state registrar: