AB314: Bill Text

AB314,36,3 48.356 (1) Whenever the court orders a child to be placed outside his or her of the child’s home, orders an expectant mother parent of an unborn child to be placed outside of her the expectant parent’s home, or denies a parent visitation because the child or unborn child has been adjudged to be in need of protection or services under s. 48.345, 48.347, 48.357, 48.363, or 48.365 and whenever the court reviews a permanency plan under s. 48.38 (5m), the court shall orally inform the parent or parents who appear in court or the expectant mother parent who appears in court of any grounds for termination of parental rights under s. 48.415 which may be applicable and of the conditions necessary for the child or expectant mother parent to be returned to the home or for the parent to be granted visitation.

AB314,73 Section 73. 48.357 (1) (am) 2. b. of the statutes is amended to read:

AB314,36,9 48.357 (1) (am) 2. b. By the child expectant mother parent, if 12 years of age or over, her the child expectant parent’s parent, guardian, legal custodian, or Indian custodian, the unborn child’s guardian ad litem, and the child expectant mother’s parent’s tribe, if she the child expectant parent is an Indian child who has been removed from the home of her a parent or Indian custodian.

AB314,74 Section 74. 48.357 (5r) of the statutes is amended to read:

AB314,36,18 48.357 (5r) Expectant mother parent; placement outside the home. The court may not change the placement of an expectant mother parent of an unborn child in need of protection or services from a placement in the expectant mother’s parent’s home to a placement outside of the expectant mother’s parent’s home unless the court finds that the expectant mother parent is refusing or has refused to accept any alcohol or other drug abuse services offered to her or is not making or has not made a good faith effort to participate in any alcohol or other drug abuse services offered to her.

AB314,75 Section 75. 48.361 (2) (a) 1m. of the statutes is amended to read:

AB314,37,8 48.361 (2) (a) 1m. If an adult expectant mother parent neglects, refuses or is unable to obtain court-ordered alcohol and other drug abuse services for herself through her health insurance or other 3rd-party payments, the judge may order the adult expectant mother parent to pay for the court-ordered alcohol and drug abuse services. If the adult expectant mother parent consents to obtain court-ordered alcohol and other drug abuse services for herself through her health insurance or other 3rd-party payments but the health insurance provider or other 3rd-party payer refuses to provide the court-ordered alcohol and other drug abuse services, the court may order the health insurance provider or 3rd-party payer to pay for the court-ordered alcohol and other drug abuse services in accordance with the terms of the adult expectant mother’s parent’s health insurance policy or other 3rd-party payment plan.

AB314,76 Section 76. 48.362 (3m) of the statutes is amended to read:

AB314,37,20 48.362 (3m) If an adult expectant mother parent neglects, refuses or is unable to obtain court-ordered special treatment or care for herself through her health insurance or other 3rd-party payments, the judge may order the adult expectant mother parent to pay for the court-ordered special treatment or care. If the adult expectant mother parent consents to obtain court-ordered special treatment or care for herself through her health insurance or other 3rd-party payments but the health insurance provider or other 3rd-party payer refuses to provide the court- ordered special treatment or care, the judge may order the health insurance provider or 3rd-party payer to pay for the court-ordered special treatment or care in accordance with the terms of the adult expectant mother’s parent’s health insurance policy or other 3rd-party payment plan.

AB314,77 Section 77. 48.41 (2) (c) of the statutes is amended to read:

AB314,38,5 48.41 (2) (c) A person who may be, but who has not been adjudicated as, the father parent of a nonmarital child may consent to the termination of any parental rights that he the person may have as provided in par. (a) or (b) or by signing a written, notarized statement which recites that he the person has been informed of and understands the effect of an order to terminate parental rights and that he the person voluntarily disclaims any rights that he the person may have to the child, including the right to notice of proceedings under this subchapter.

AB314,78 Section 78. 48.415 (6) (b) of the statutes is amended to read:

AB314,38,16 48.415 (6) (b) In this subsection, “substantial parental relationship” means the acceptance and exercise of significant responsibility for the daily supervision, education, protection and care of the child. In evaluating whether the person has had a substantial parental relationship with the child, the court may consider such factors, including, but not limited to, whether the person has expressed concern for or interest in the support, care or well-being of the child, whether the person has neglected or refused to provide care or support for the child and whether, with respect to a person who is or may be the father parent of the child, the person has expressed concern for or interest in the support, care or well-being during pregnancy of the mother during her pregnancy person who gave birth to the child.

AB314,79 Section 79. 48.415 (9) (a) and (b) of the statutes are amended to read:

AB314,39,2 48.415 (9) (a) Parenthood as a result of sexual assault, which shall be established by proving that the child was conceived as a result of a sexual assault in violation of s. 940.225 (1), (2), or (3), 948.02 (1) or (2), 948.025, or 948.085. Conception as a result of sexual assault as specified in this paragraph may be proved by a final judgment of conviction or other evidence produced at a fact-finding hearing under s. 48.424 indicating that the person who may be the father parent of the child committed, during a possible time of conception, a sexual assault as specified in this paragraph against the mother of person who gave birth to the child.

AB314,39,6 (b) If the conviction or other evidence specified in par. (a) indicates that the child was conceived as a result of a sexual assault in violation of s. 948.02 (1) or (2) or 948.085, the mother of person who gave birth to the child may be heard on her the person’s desire for the termination of the father’s other parent’s parental rights.

AB314,80 Section 80. 48.42 (1g) of the statutes is amended to read:

AB314,39,17 48.42 (1g) Affidavit. (a) Except as provided in par. (c), if the petition is filed by a person or agency other than the district attorney, corporation counsel, or other appropriate official under s. 48.09; if the petition seeks to terminate the parental rights of a person who may be the father parent of a nonmarital child who is under one year of age at the time the petition is filed, who is not adopted or whose parents do not subsequently intermarry under s. 767.803, and whose paternity parentage has not been established; and if the mother of person who gave birth to the child has voluntarily consented to or seeks to voluntarily consent to the termination of her parental rights to the child, the petitioner may file with the petition an affidavit signed by the mother person who gave birth that includes all of the following:

AB314,39,20 1. A statement that the mother person who gave birth to the child has voluntarily consented to or seeks to voluntarily consent to the termination of her parental rights to the child.

AB314,39,22 2. A statement acknowledging that the mother person who gave birth to the child has been asked to identify the father other natural parent of the child.

AB314,40,2 3. A statement that the mother person who gave birth to the child knows and is identifying the father other natural parent or that she the person who gave birth to the child does not know the identity of the father other natural parent.

AB314,40,4 4. A statement identifying any man person who has lived in a familial relationship with the child and who may be the father natural parent of the child.

AB314,40,8 5. If the mother person who gave birth to the child states that she knows and is identifying identifies the father other natural parent of the child under subd. 3. or 4., the father’s other natural parent’s name, age, and last-known mailing address, and the last-known mailing address of the father’s other natural parent’s employer.

AB314,40,12 6. If the mother person who gave birth to the child states that she does not know the identity of the father other natural parent of the child, an explanation of why she is unable to identify him identification is not possible and a physical description of the father other natural parent of the child.

AB314,40,17 7. A statement that the mother person who gave birth to the child has been informed and understands that if he or she misidentifies the father, other natural parent of the child, he or she is permanently barred from attacking the termination of the father’s or her either parent’s parental rights on the basis that the father other natural parent of the child was not correctly identified.

AB314,40,22 8. A statement that the mother person who gave birth to the child understands that she may be prosecuted under s. 946.32 (2) for false swearing if she makes making a false statement that he or she does not believe is true in the affidavit under this paragraph may result in prosecution under s. 946.32 (2) for false swearing.

AB314,41,4 9. A statement that the mother person who gave birth to the child has reviewed and understands the affidavit, the name of the person who explained the affidavit and the consequences of signing the affidavit to her the person who gave birth to the child, and a statement that the mother person who gave birth to the child is signing the affidavit voluntarily.

AB314,41,13 (b) The petitioner shall notify any man person identified in the affidavit under par. (a) as an alleged father parent of his the right to file a declaration of paternal parental interest under s. 48.025 before the birth of the child, within 14 days after the birth of the child, or within 21 days after the date on which the notice is mailed, whichever is later; of the birth date or anticipated birth date of the child; and of the consequences of filing or not filing a declaration of paternal parental interest. The petitioner shall include with the notice a copy of the form required to file a declaration of paternal parental interest under s. 48.025. The notice shall be sent by certified mail to the last-known address of the alleged father parent.

AB314,41,15 (c) If an affidavit under par. (a) is not filed with the petition, notice shall be given to an alleged father parent under sub. (2).

AB314,81 Section 81. 48.42 (2) (b) 1. of the statutes is amended to read:

AB314,41,19 48.42 (2) (b) 1. A person who has filed an unrevoked declaration of paternal parental interest under s. 48.025 before the birth of the child or within 14 days after the birth of the child.

AB314,82 Section 82. 48.42 (2) (b) 2. of the statutes is amended to read:

AB314,42,2 48.42 (2) (b) 2. A Any person or persons alleged to the court to be the father parent of the child or who may, based upon the statements of the mother person who gave birth to the child or other information presented to the court, be the father parent of the child unless that person has waived the right to notice under s. 48.41 (2) (c).

AB314,83 Section 83. 48.42 (2) (bm) 1. of the statutes is amended to read:

AB314,42,7 48.42 (2) (bm) 1. A person who has filed an unrevoked declaration of paternal parental interest under s. 48.025 before the birth of the child, within 14 days after the birth of the child, or within 21 days after a notice under sub. (1g) (b) is mailed, whichever is later.

AB314,84 Section 84. 48.42 (2m) (b) of the statutes is amended to read:

AB314,42,21 48.42 (2m) (b) Parent of nonmarital child. A person who may be the father parent of a nonmarital child who is not adopted or whose parents do not subsequently intermarry under s. 767.803 and whose paternity parentage has not been established, by virtue of the fact that he the person has engaged in sexual intercourse with the mother of person who gave birth to the child, is considered to be on notice that a pregnancy and a termination of parental rights proceeding concerning the child may occur, and has the duty to protect his or her own rights and interests. He A person described in this paragraph is therefore entitled to actual notice of such a proceeding only as provided in sub. (2) (b) or (bm). A person who is not entitled to notice under sub. (2) (b) or (bm) does not have standing to appear and contest a petition for the termination of his the person’s parental rights, present evidence relevant to the issue of disposition, or make alternative dispositional recommendations.

AB314,85 Section 85. 48.42 (4) (b) 5. of the statutes is amended to read:

AB314,43,4 48.42 (4) (b) 5. The notice shall not include the name of the mother person who gave birth to the child unless the mother person who gave birth to the child consents. The notice shall not include the name of the child unless the court finds that inclusion of the child’s name is essential to give effective notice to the father a parent.

AB314,86 Section 86. 48.422 (6) (a) of the statutes is amended to read:

AB314,43,15 48.422 (6) (a) In the case of a nonmarital child who is not adopted or whose parents do not subsequently intermarry under s. 767.803 and for whom paternity parentage has not been established, or for whom a declaration of paternal parental interest has not been filed under s. 48.025 within 14 days after the date of birth of the child or, if s. 48.42 (1g) (b) applies, within 21 days after the date on which the notice under s. 48.42 (1g) (b) is mailed, the court shall hear testimony concerning the paternity parentage of the child. Based on the testimony, the court shall determine whether all interested parties who are known have been notified under s. 48.42 (2) and (2g) (ag). If not, the court shall adjourn the hearing and order appropriate notice to be given.

AB314,87 Section 87. 48.422 (7) (bm) of the statutes is amended to read:

AB314,44,11 48.422 (7) (bm) Establish whether a proposed adoptive parent of the child has been identified. If a proposed adoptive parent of the child has been identified and the proposed adoptive parent is not a relative of the child, the court shall order the petitioner to submit a report to the court containing the information specified in s. 48.913 (7). The court shall review the report to determine whether any payments or agreement to make payments set forth in the report are coercive to the birth parent of the child or to an alleged to or presumed father parent of the child or are impermissible under s. 48.913 (4). Making any payment to or on behalf of the any birth parent of the child, an, alleged or presumed father parent of the child, or the child conditional in any part upon transfer or surrender of the child or the termination of parental rights or the finalization of the adoption creates a rebuttable presumption of coercion. Upon a finding of coercion, the court shall dismiss the petition or amend the agreement to delete any coercive conditions, if the parties agree to the amendment. Upon a finding that payments which that are impermissible under s. 48.913 (4) have been made, the court may dismiss the petition and may refer the matter to the district attorney for prosecution under s. 948.24 (1). This paragraph does not apply if the petition was filed with a petition for adoptive placement under s. 48.837 (2).

AB314,88 Section 88. 48.422 (7) (br) of the statutes is amended to read:

AB314,44,15 48.422 (7) (br) Establish whether any person has coerced a birth parent or any alleged or presumed father parent of the child in violation of s. 48.63 (3) (b) 5. Upon a finding of coercion, the court shall dismiss the petition.

AB314,89 Section 89. 48.423 (1) and (2) of the statutes are amended to read:

AB314,45,4 48.423 (1) Rights to paternity parentage determination. If a person appears at the hearing and claims that he is to be the father parent of the child, the court shall set a date for a hearing on the issue of paternity parentage or, if all parties agree, the court may immediately commence hearing testimony concerning the issue of paternity parentage. The court shall inform the person claiming to be the father parent of the child of any right to counsel under s. 48.23. The person claiming to be the father parent of the child must prove paternity parentage by clear and convincing evidence. A person who establishes his paternity parentage of the child under this section may further participate in the termination of parental rights proceeding only if the person meets the conditions specified in sub. (2) or meets a condition specified in s. 48.42 (2) (b) or (bm).

AB314,45,11 (2) Rights of out-of-state fathers parents. A person who may be the father parent of a nonmarital child who is not adopted or whose parents do not subsequently intermarry under s. 767.803 and whose paternity parentage has not been established may contest the petition, present evidence relevant to the issue of disposition, and make alternative dispositional recommendations if the person appears at the hearing, establishes paternity parentage under sub. (1), and proves all of the following by a preponderance of the evidence:

AB314,45,14 (a) That the person resides and has resided in another state where the mother of person who gave birth to the child resided or was located at the time of or after the conception of the child.

AB314,45,16 (b) That the mother person who gave birth to the child left that state without notifying or informing that person that he or she could be located in this state.

AB314,45,20 (c) That the person attempted to locate the mother person who gave birth to the child through every reasonable means, but did not know or have reason to know that the mother person who gave birth to the child was residing or located in this state.

AB314,45,23 (d) That the person has complied with the requirements of the state where the mother person who gave birth to the child previously resided or was located to protect and preserve his paternal parental interests in matters affecting the child.

AB314,90 Section 90. 48.43 (6) (b) of the statutes is amended to read:

AB314,46,5 48.43 (6) (b) The mother of person who gave birth to a child who completes an affidavit under s. 48.42 (1g) may not collaterally attack a judgment terminating parental rights on the basis that the father other parent of the child was not correctly identified.

AB314,91 Section 91. 48.432 (1) (am) 1. of the statutes is amended to read:

AB314,46,8 48.432 (1) (am) 1. The mother person who gave birth to the child designated on the individual’s or adoptee’s original birth record.

AB314,92 Section 92. 48.432 (1) (am) 2. b. of the statutes is amended to read:

AB314,46,12 48.432 (1) (am) 2. b. If there is no adjudicated father parent, the husband spouse of the mother person who gave birth to the child at the time the individual or adoptee is conceived or born, or when the parents intermarry under s. 767.803.

AB314,93 Section 93. 48.435 of the statutes is amended to read:

AB314,46,16 48.435 Custody of children. The mother of person who gave birth to a nonmarital child has legal custody of the child unless the court grants legal custody to another person or transfers legal custody to an agency.

AB314,94 Section 94. 48.63 (3) (b) 4. of the statutes is amended to read:

AB314,47,4 48.63 (3) (b) 4. Before a child may be placed under subd. 1., the department, county department, or child welfare agency making the placement and the proposed adoptive parent or parents shall enter into a written agreement that specifies who is financially responsible for the cost of providing care for the child prior to the finalization of the adoption and for the cost of returning the child to the parent who has custody of the child if the adoption is not finalized. Under the agreement, the department, county department, or child welfare agency or the proposed adoptive parent or parents, but not the any birth parent of the child or any alleged or presumed father parent of the child, shall be financially responsible for those costs.

AB314,95 Section 95. 48.63 (3) (b) 5. of the statutes is amended to read:

AB314,47,11 48.63 (3) (b) 5. Prior to termination of parental rights to the child, no person may coerce a birth parent of the child or any alleged or presumed father parent of the child into refraining from exercising his or her right to withdraw consent to the transfer or surrender of the child or to termination of his or her parental rights to the child, to have reasonable visitation or contact with the child, or to otherwise exercise his or her parental rights to the child.

AB314,96 Section 96. 48.82 (1) (a) of the statutes is amended to read:

AB314,47,14 48.82 (1) (a) A husband and wife Spouses jointly, or either the husband or wife if the other spouse is of a parent of the minor.

AB314,97 Section 97. 48.837 (1r) (d) of the statutes is amended to read:

AB314,48,2 48.837 (1r) (d) Before a child may be placed under par. (a), the department, county department, or child welfare agency making the placement and the proposed adoptive parent or parents shall enter into a written agreement that specifies who is financially responsible for the cost of providing care for the child prior to the finalization of the adoption and for the cost of returning the child to the parent who has custody of the child if the adoption is not finalized. Under the agreement, the department, county department, or child welfare agency or the proposed adoptive parent or parents, but not the any birth parent of the child or any alleged or presumed father parent of the child, shall be financially responsible for those costs.

AB314,98 Section 98. 48.837 (1r) (e) of the statutes is amended to read:

AB314,48,9 48.837 (1r) (e) Prior to termination of parental rights to the child, no person may coerce a birth parent of the child or any alleged or presumed father parent of the child into refraining from exercising his or her right to withdraw consent to the transfer or surrender of the child or to termination of his or her parental rights to the child, to have reasonable visitation or contact with the child, or to otherwise exercise his or her parental rights to the child.

AB314,99 Section 99. 48.837 (6) (b) of the statutes is amended to read:

AB314,49,2 48.837 (6) (b) At the beginning of the hearing held under sub. (2), the court shall review the report that is submitted under s. 48.913 (6). The court shall determine whether any payments or the conditions specified in any agreement to make payments are coercive to the any birth parent of the child or to an alleged or presumed father parent of the child or are impermissible under s. 48.913 (4). Making any payment to or on behalf of the a birth parent of the child, an, alleged or presumed father parent of the child, or the child conditional in any part upon transfer or surrender of the child or the termination of parental rights or the finalization of the adoption creates a rebuttable presumption of coercion. Upon a finding of coercion, the court shall dismiss the petitions under subs. (2) and (3) or amend the agreement to delete any coercive conditions, if the parties agree to the amendment. Upon a finding that payments which that are impermissible under s. 48.913 (4) have been made, the court may dismiss the petition and may refer the matter to the district attorney for prosecution under s. 948.24 (1).

AB314,100 Section 100. 48.837 (6) (br) of the statutes is amended to read:

AB314,49,7 48.837 (6) (br) At the hearing on the petition under sub. (2), the court shall determine whether any person has coerced a birth parent or any alleged or presumed father parent of the child in violation of sub. (1r) (e). Upon a finding of coercion, the court shall dismiss the petitions under subs. (2) and (3).

AB314,101 Section 101. 48.837 (8) of the statutes is amended to read:

AB314,49,10 48.837 (8) Attorney representation. The same attorney may not represent the adoptive parents and the a birth mother or birth father parent.

AB314,102 Section 102. 48.913 (1) (a) of the statutes is amended to read:

AB314,49,13 48.913 (1) (a) Preadoptive counseling for a birth parent of the child or an alleged or presumed father parent of the child.

AB314,103 Section 103. 48.913 (1) (b) of the statutes is amended to read:

AB314,49,16 48.913 (1) (b) Post-adoptive counseling for a birth parent of the child or an alleged or presumed father parent of the child.

AB314,104 Section 104. 48.913 (1) (c) of the statutes is amended to read:

AB314,49,20 48.913 (1) (c) Maternity clothes Clothes to wear during pregnancy for the child’s birth mother person who is pregnant with the child, in an amount not to exceed $300.

AB314,105 Section 105. 48.913 (1) (f) of the statutes is amended to read:

AB314,50,2 48.913 (1) (f) Medical and hospital care received by the child’s birth mother person who gives birth to the child in connection with the pregnancy or birth of the child. Medical and hospital care does not include lost wages or living expenses.

AB314,106 Section 106. 48.913 (1) (i) of the statutes is amended to read:

AB314,50,8 48.913 (1) (i) Living expenses of the child’s birth mother person who gives birth to the child, in an amount not to exceed $5,000, if payment of the expenses by the proposed adoptive parents or a person acting on their behalf is necessary to protect the health and welfare of the birth mother person who gives birth to the child or the fetus.

AB314,107 Section 107. 48.913 (1) (m) of the statutes is amended to read:

AB314,50,11 48.913 (1) (m) A gift to the child’s birth mother person who gives birth to the child from the proposed adoptive parents, of no greater than $100 in value.

AB314,108 Section 108. 48.913 (2) (intro.) of the statutes is amended to read: