This is the preview version of the Wisconsin State Legislature site.
Please see http://docs.legis.wisconsin.gov for the production version.
SB566,29 10Section 29 . 48.42 (1g) (a) 4. of the statutes is amended to read:
SB566,14,1211 48.42 (1g) (a) 4. A statement identifying any man person who has lived in a
12familial relationship with the child and who may be the father a parent of the child.
SB566,30 13Section 30 . 48.42 (1g) (b) of the statutes is amended to read:
SB566,14,2214 48.42 (1g) (b) The petitioner shall notify any man person identified in the
15affidavit under par. (a) as an alleged father parent of his the right to file a declaration
16of paternal parental interest under s. 48.025 before the birth of the child, within 14
17days after the birth of the child, or within 21 days after the date on which the notice
18is mailed, whichever is later; of the birth date or anticipated birth date of the child;
19and of the consequences of filing or not filing a declaration of paternal parental
20interest. The petitioner shall include with the notice a copy of the form required to
21file a declaration of paternal parental interest under s. 48.025. The notice shall be
22sent by certified mail to the last-known address of the alleged father parent.
SB566,31 23Section 31 . 48.42 (1g) (c) of the statutes is amended to read:
SB566,14,2524 48.42 (1g) (c) If an affidavit under par. (a) is not filed with the petition, notice
25shall be given to an alleged father parent under sub. (2).
SB566,32
1Section 32. 48.42 (2) (b) 1. of the statutes is amended to read:
SB566,15,42 48.42 (2) (b) 1. A person who has filed an unrevoked declaration of paternal
3parental interest under s. 48.025 before the birth of the child or within 14 days after
4the birth of the child.
SB566,33 5Section 33 . 48.42 (2) (b) 2. of the statutes is amended to read:
SB566,15,96 48.42 (2) (b) 2. A person or persons alleged to the court to be the father a parent
7of the child or who may, based upon the statements of the mother parent who gave
8birth to the child
or other information presented to the court, be the father parent
9of the child unless that person has waived the right to notice under s. 48.41 (2) (c).
SB566,34 10Section 34 . 48.42 (2) (bm) 1. of the statutes is amended to read:
SB566,15,1411 48.42 (2) (bm) 1. A person who has filed an unrevoked declaration of paternal
12parental interest under s. 48.025 before the birth of the child, within 14 days after
13the birth of the child, or within 21 days after a notice under sub. (1g) (b) is mailed,
14whichever is later.
SB566,35 15Section 35 . 48.422 (6) (a) of the statutes is amended to read:
SB566,15,2516 48.422 (6) (a) In the case of a nonmarital child who is not adopted or whose
17parents do not subsequently intermarry under s. 767.803 and for whom paternity
18has not been established, or for whom a declaration of paternal parental interest has
19not been filed under s. 48.025 within 14 days after the date of birth of the child or,
20if s. 48.42 (1g) (b) applies, within 21 days after the date on which the notice under
21s. 48.42 (1g) (b) is mailed, the court shall hear testimony concerning the paternity
22parentage of the child. Based on the testimony, the court shall determine whether
23all interested parties who are known have been notified under s. 48.42 (2) and (2g)
24(ag). If not, the court shall adjourn the hearing and order appropriate notice to be
25given.
SB566,36
1Section 36. 48.422 (7) (bm) of the statutes is amended to read:
SB566,16,192 48.422 (7) (bm) Establish whether a proposed adoptive parent of the child has
3been identified. If a proposed adoptive parent of the child has been identified and
4the proposed adoptive parent is not a relative of the child, the court shall order the
5petitioner to submit a report to the court containing the information specified in s.
648.913 (7). The court shall review the report to determine whether any payments or
7agreement to make payments set forth in the report are coercive to the birth parent
8of the child or to an alleged to or presumed father parent of the child or are
9impermissible under s. 48.913 (4). Making any payment to or on behalf of the any
10birth parent of the child, an, alleged or presumed father parent of the child or the
11child conditional in any part upon transfer or surrender of the child or the
12termination of parental rights or the finalization of the adoption creates a rebuttable
13presumption of coercion. Upon a finding of coercion, the court shall dismiss the
14petition or amend the agreement to delete any coercive conditions, if the parties
15agree to the amendment. Upon a finding that payments which that are
16impermissible under s. 48.913 (4) have been made, the court may dismiss the petition
17and may refer the matter to the district attorney for prosecution under s. 948.24 (1).
18This paragraph does not apply if the petition was filed with a petition for adoptive
19placement under s. 48.837 (2).
SB566,37 20Section 37 . 48.422 (7) (br) of the statutes is amended to read:
SB566,16,2321 48.422 (7) (br) Establish whether any person has coerced a birth parent or any,
22alleged or presumed father parent of the child in violation of s. 48.63 (3) (b) 5. Upon
23a finding of coercion, the court shall dismiss the petition.
SB566,38 24Section 38 . 48.423 (2) (d) of the statutes is amended to read:
SB566,17,3
148.423 (2) (d) That the person has complied with the requirements of the state
2where the mother birth parent previously resided or was located to protect and
3preserve his paternal or her parental interests in matters affecting the child.
SB566,39 4Section 39. 48.432 (1) (am) 2. b. of the statutes is amended to read:
SB566,17,75 48.432 (1) (am) 2. b. If there is no adjudicated father, the husband spouse of the
6mother at the time the individual or adoptee is conceived or born, or when the parents
7intermarry under s. 767.803.
SB566,40 8Section 40 . 48.63 (3) (b) 4. of the statutes is amended to read:
SB566,17,179 48.63 (3) (b) 4. Before a child may be placed under subd. 1., the department,
10county department, or child welfare agency making the placement and the proposed
11adoptive parent or parents shall enter into a written agreement that specifies who
12is financially responsible for the cost of providing care for the child prior to the
13finalization of the adoption and for the cost of returning the child to the parent who
14has custody of the child if the adoption is not finalized. Under the agreement, the
15department, county department, or child welfare agency or the proposed adoptive
16parent or parents, but not the any birth parent of the child or any, alleged or
17presumed father parent of the child, shall be financially responsible for those costs.
SB566,41 18Section 41 . 48.63 (3) (b) 5. of the statutes is amended to read:
SB566,17,2419 48.63 (3) (b) 5. Prior to termination of parental rights to the child, no person
20may coerce a birth parent of the child or any, alleged or presumed father parent of
21the child into refraining from exercising his or her right to withdraw consent to the
22transfer or surrender of the child or to termination of his or her parental rights to the
23child, to have reasonable visitation or contact with the child, or to otherwise exercise
24his or her parental rights to the child.
SB566,42 25Section 42. 48.82 (1) (a) of the statutes is amended to read:
SB566,18,2
148.82 (1) (a) A husband and wife Spouses jointly, or either the husband or wife
2if
the other spouse is of a parent of the minor.
SB566,43 3Section 43 . 48.837 (1r) (d) of the statutes is amended to read:
SB566,18,124 48.837 (1r) (d) Before a child may be placed under par. (a), the department,
5county department, or child welfare agency making the placement and the proposed
6adoptive parent or parents shall enter into a written agreement that specifies who
7is financially responsible for the cost of providing care for the child prior to the
8finalization of the adoption and for the cost of returning the child to the parent who
9has custody of the child if the adoption is not finalized. Under the agreement, the
10department, county department, or child welfare agency or the proposed adoptive
11parent or parents, but not the any birth parent of the child or any, alleged or
12presumed father parent of the child, shall be financially responsible for those costs.
SB566,44 13Section 44 . 48.837 (1r) (e) of the statutes is amended to read:
SB566,18,1914 48.837 (1r) (e) Prior to termination of parental rights to the child, no person
15may coerce a birth parent of the child or any, alleged or presumed father parent of
16the child into refraining from exercising his or her right to withdraw consent to the
17transfer or surrender of the child or to termination of his or her parental rights to the
18child, to have reasonable visitation or contact with the child, or to otherwise exercise
19his or her parental rights to the child.
SB566,45 20Section 45 . 48.837 (6) (b) of the statutes is amended to read:
SB566,19,921 48.837 (6) (b) At the beginning of the hearing held under sub. (2), the court shall
22review the report that is submitted under s. 48.913 (6). The court shall determine
23whether any payments or the conditions specified in any agreement to make
24payments are coercive to the any birth parent of the child or to an, alleged or
25presumed father parent of the child or are impermissible under s. 48.913 (4). Making

1any payment to or on behalf of the a birth parent of the child, an, alleged or presumed
2father parent of the child or the child conditional in any part upon transfer or
3surrender of the child or the termination of parental rights or the finalization of the
4adoption creates a rebuttable presumption of coercion. Upon a finding of coercion,
5the court shall dismiss the petitions under subs. (2) and (3) or amend the agreement
6to delete any coercive conditions, if the parties agree to the amendment. Upon a
7finding that payments which that are impermissible under s. 48.913 (4) have been
8made, the court may dismiss the petition and may refer the matter to the district
9attorney for prosecution under s. 948.24 (1).
SB566,46 10Section 46 . 48.837 (6) (br) of the statutes is amended to read:
SB566,19,1411 48.837 (6) (br) At the hearing on the petition under sub. (2), the court shall
12determine whether any person has coerced a birth parent or any, alleged or presumed
13father parent of the child in violation of sub. (1r) (e). Upon a finding of coercion, the
14court shall dismiss the petitions under subs. (2) and (3).
SB566,47 15Section 47 . 48.913 (1) (a) of the statutes is amended to read:
SB566,19,1716 48.913 (1) (a) Preadoptive counseling for a birth parent of the child or an,
17alleged or presumed father parent of the child.
SB566,48 18Section 48 . 48.913 (1) (b) of the statutes is amended to read:
SB566,19,2019 48.913 (1) (b) Post-adoptive counseling for a birth parent of the child or an,
20alleged or presumed father parent of the child.
SB566,49 21Section 49 . 48.913 (1) (h) of the statutes is amended to read:
SB566,19,2422 48.913 (1) (h) Legal and other services received by a birth parent of the child,
23an
, alleged or presumed father parent of the child or the child in connection with the
24adoption.
SB566,50 25Section 50 . 48.913 (2) (intro.) of the statutes is amended to read:
SB566,20,7
148.913 (2) Payment of expenses when birth parent is residing in another
2state.
(intro.) Notwithstanding sub. (1), the proposed adoptive parents of a child or
3a person acting on behalf of the proposed adoptive parents of a child may pay for an
4expense of a birth parent of the child or an, alleged or presumed father parent of the
5child if the birth parent or the, alleged or presumed father parent was residing in
6another state when the payment was made and when the expense was incurred and
7if all of the following apply:
SB566,51 8Section 51 . 48.913 (2) (b) of the statutes is amended to read:
SB566,20,119 48.913 (2) (b) The state in which the birth parent or the, alleged or presumed
10father parent was residing when the payment was made permits the payment of that
11expense by the proposed adoptive parents of the child.
SB566,52 12Section 52 . 48.913 (2) (c) (intro.) of the statutes is amended to read:
SB566,20,2013 48.913 (2) (c) (intro.) A listing of all payments made under this subsection, a
14copy of the statutory provisions of the state in which the birth parent or the, alleged
15or presumed father parent was residing when the payments were made that permit
16those payments to be made by the proposed adoptive parents of the child, and a copy
17of all orders entered in the state in which the birth parent or the, alleged or presumed
18father parent was residing when the payments were made that relate to the payment
19of expenses of the birth parent or the, alleged or presumed father parent by the
20proposed adoptive parents of the child is submitted to the court as follows:
SB566,53 21Section 53 . 48.913 (3) of the statutes is amended to read:
SB566,21,322 48.913 (3) Method of payment. Any payment under sub. (1) or (2) shall be made
23directly to the provider of a good or service except that a payment under sub. (1) or
24(2) may be made to a birth parent of the child or to an, alleged or presumed father
25parent of the child as reimbursement of an amount previously paid by the birth

1parent or by the, alleged or presumed father parent if documentation is provided
2showing that the birth parent or, alleged or presumed father parent has made the
3previous payment.
SB566,54 4Section 54 . 48.913 (4) of the statutes is amended to read:
SB566,21,85 48.913 (4) Other payments prohibited. The proposed adoptive parents of a
6child or a person acting on behalf of the proposed adoptive parents may not make any
7payments to or on behalf of a birth parent of the child, an, alleged or presumed father
8parent of the child or the child except as provided in subs. (1) and (2).
SB566,55 9Section 55 . 48.913 (7) of the statutes is amended to read:
SB566,21,2410 48.913 (7) Report to the court; contents required. The report required under
11sub. (6) shall include a list of all transfers of anything of value made or agreed to be
12made by the proposed adoptive parents or by a person acting on their behalf to a birth
13parent of the child, an, alleged or presumed father parent of the child or the child,
14on behalf of a birth parent of the child, an, alleged or presumed father parent of the
15child or the child, or to any other person in connection with the pregnancy, the birth
16of the child, the placement of the child with the proposed adoptive parents, or the
17adoption of the child by the proposed adoptive parents. The report shall be itemized
18and shall show the goods or services for which payment was made or agreed to be
19made. The report shall include the dates of each payment, the names and addresses
20of each attorney, doctor, hospital, agency, or other person or organization receiving
21any payment from the proposed adoptive parents or a person acting on behalf of the
22proposed adoptive parents in connection with the pregnancy, the birth of the child,
23the placement of the child with the proposed adoptive parents, or the adoption of the
24child by the proposed adoptive parents.
SB566,56 25Section 56 . 49.141 (1) (j) 1. of the statutes is amended to read:
SB566,22,1
149.141 (1) (j) 1. A biological natural parent.
SB566,57 2Section 57 . 49.141 (1) (j) 2. of the statutes is repealed.
SB566,58 3Section 58 . 49.155 (1m) (c) 1g. of the statutes is amended to read:
SB566,22,114 49.155 (1m) (c) 1g. If the individual is a foster parent of the child or a subsidized
5guardian or interim caretaker of the child under s. 48.623, the child's biological
6natural or adoptive family has a gross income that is at or below 200 percent of the
7poverty line. In calculating the gross income of the child's biological natural or
8adoptive family, the department or county department or agency determining
9eligibility shall include court-ordered child or family support payments received by
10the individual, if those support payments exceed $1,250 per month, and income
11described under s. 49.145 (3) (b) 1. and 3.
SB566,59 12Section 59 . 49.155 (1m) (c) 1h. of the statutes is amended to read:
SB566,22,2013 49.155 (1m) (c) 1h. If the individual is a relative of the child, is providing care
14for the child under a court order, and is receiving payments under s. 48.57 (3m) or
15(3n) on behalf of the child, the child's biological natural or adoptive family has a gross
16income that is at or below 200 percent of the poverty line. In calculating the gross
17income of the child's biological natural or adoptive family, the department or county
18department or agency determining eligibility shall include court-ordered child or
19family support payments received by the individual, if those support payments
20exceed $1,250 per month, and income described under s. 49.145 (3) (b) 1. and 3.
SB566,60 21Section 60 . 49.163 (2) (am) 2. of the statutes is amended to read:
SB566,22,2522 49.163 (2) (am) 2. If over 24 years of age, be a biological natural or adoptive
23parent of a child under 18 years of age whose parental rights to the child have not
24been terminated or be a relative and primary caregiver of a child under 18 years of
25age.
SB566,61
1Section 61. 49.19 (1) (a) 2. a. of the statutes is amended to read:
SB566,23,122 49.19 (1) (a) 2. a. Is living with a parent; a blood relative, including those of
3half-blood, and including first cousins, nephews or nieces and persons of preceding
4generations as denoted by prefixes of grand, great or great-great; a stepfather,
5stepmother
stepparent, stepbrother, or stepsister; a person who legally adopts the
6child or is the adoptive parent of the child's parent, a natural or legally adopted child
7of such person or a relative of an adoptive parent; or a spouse of any person named
8in this subparagraph subd. 2. a. even if the marriage is terminated by death or
9divorce; and is living in a residence maintained by one or more of these relatives as
10the child's or their own home, or living in a residence maintained by one or more of
11these relatives as the child's or their own home because the parents of the child have
12been found unfit to have care and custody of the child; or
SB566,62 13Section 62. 49.19 (4) (d) (intro.) of the statutes is amended to read:
SB566,23,1614 49.19 (4) (d) (intro.) Aid may be granted to the mother or stepmother parent
15or stepparent
of a dependent child if he or she is without a husband spouse or if he
16or
she:
SB566,63 17Section 63. 49.19 (4) (d) 1. of the statutes is amended to read:
SB566,23,1918 49.19 (4) (d) 1. Is the wife spouse of a husband person who is incapacitated for
19gainful work by mental or physical disability; or
SB566,64 20Section 64. 49.19 (4) (d) 2. of the statutes is amended to read:
SB566,23,2421 49.19 (4) (d) 2. Is the wife spouse of a husband person who is incarcerated or
22who is a convicted offender permitted to live at home but precluded from earning a
23wage because the husband person is required by a court imposed sentence to perform
24unpaid public work or unpaid community service; or
SB566,65 25Section 65. 49.19 (4) (d) 3. of the statutes is amended to read:
SB566,24,3
149.19 (4) (d) 3. Is the wife spouse of a husband person who has been committed
2to the department pursuant to ch. 975, irrespective of the probable period of such
3commitment; or
SB566,66 4Section 66. 49.19 (4) (d) 4. of the statutes is amended to read:
SB566,24,75 49.19 (4) (d) 4. Is the wife spouse of a husband person who has continuously
6abandoned or failed to support him or her, if proceedings have been commenced
7against the husband person under ch. 769; or
SB566,67 8Section 67. 49.19 (4) (d) 5. of the statutes is amended to read:
SB566,24,129 49.19 (4) (d) 5. Has been divorced and is without a husband spouse or legally
10separated from his or her husband spouse and is unable through use of the provisions
11of law to compel his or her former husband spouse to adequately support the child
12for whom aid is sought; or
SB566,68 13Section 68 . 49.345 (2) of the statutes is amended to read:
SB566,25,914 49.345 (2) Except as provided in sub. (14) (b) and (c), any person, including a
15person placed under s. 48.32 (1) (am) or (b), 48.345 (3), 48.357 (1) or (2m), 938.183,
16938.34 (3) or (4d), or 938.357 (1), (2m), (4), or (5) (e), receiving care, maintenance,
17services, and supplies provided by any institution in this state, in which the state is
18chargeable with all or part of the person's care, maintenance, services, and supplies,
19and the person's property and estate, including the homestead, and the spouse of the
20person, and the spouse's property and estate, including the homestead, and, in the
21case of a minor child, the parents of the person, and their property and estates,
22including their homestead, and, in the case of a foreign child described in s. 48.839
23(1) who became dependent on public funds for his or her primary support before an
24order granting his or her adoption, the resident of this state appointed guardian of
25the child by a foreign court who brought the child into this state for the purpose of

1adoption, and his or her property and estate, including his or her homestead, shall
2be liable for the cost of the care, maintenance, services, and supplies in accordance
3with the fee schedule established by the department under s. 49.32 (1). If a spouse,
4widow surviving spouse, or minor, or an incapacitated person may be lawfully
5dependent upon the property for his or her support, the court shall release all or such
6part of the property and estate from the charges that may be necessary to provide for
7the person. The department shall make every reasonable effort to notify the liable
8persons as soon as possible after the beginning of the maintenance, but the notice or
9the receipt of the notice is not a condition of liability.
SB566,69 10Section 69. 49.43 (12) of the statutes is amended to read:
SB566,25,1311 49.43 (12) “Spouse" means the legal husband or wife of person to whom the
12beneficiary is legally married, whether or not the person is eligible for medical
13assistance.
SB566,70 14Section 70 . 49.471 (1) (b) 2. of the statutes is amended to read:
SB566,25,1515 49.471 (1) (b) 2. A stepfather, stepmother stepparent, stepbrother, or stepsister.
SB566,71 16Section 71. 49.90 (4) of the statutes is amended to read:
SB566,26,1817 49.90 (4) The circuit court shall in a summary way hear the allegations and
18proofs of the parties and by order require maintenance from these relatives, if they
19have sufficient ability, considering their own future maintenance and making
20reasonable allowance for the protection of the property and investments from which
21they derive their living and their care and protection in old age, in the following
22order: First the husband or wife spouse; then the father and the mother parents; and
23then the grandparents in the instances in which sub. (1) (a) 2. applies. The order
24shall specify a sum which that will be sufficient for the support of the dependent
25person under sub. (1) (a) 1. or the maintenance of a child of a dependent person under

1sub. (1) (a) 2., to be paid weekly or monthly, during a period fixed by the order or until
2the further order of the court. If the court is satisfied that any such relative is unable
3wholly to maintain the dependent person or the child, but is able to contribute to the
4person's support or the child's maintenance, the court may direct 2 or more of the
5relatives to maintain the person or the child and prescribe the proportion each shall
6contribute. If the court is satisfied that these relatives are unable together wholly
7to maintain the dependent person or the child, but are able to contribute to the
8person's support or the child's maintenance, the court shall direct a sum to be paid
9weekly or monthly by each relative in proportion to ability. Contributions directed
10by court order, if for less than full support, shall be paid to the department of health
11services or the department of children and families, whichever is appropriate, and
12distributed as required by state and federal law. An order under this subsection that
13relates to maintenance required under sub. (1) (a) 2. shall specifically assign
14responsibility for and direct the manner of payment of the child's health care
15expenses, subject to the limitations under subs. (1) (a) 2. and (11). Upon application
16of any party affected by the order and upon like notice and procedure, the court may
17modify such an order. Obedience to such an order may be enforced by proceedings
18for contempt.
SB566,72 19Section 72. 54.01 (36) (a) of the statutes is amended to read:
SB566,26,2420 54.01 (36) (a) An individual who obtains or consents to a final decree or
21judgment of divorce from the decedent or an annulment of their marriage, if the
22decree or judgment is not recognized as valid in this state, unless the 2 subsequently
23participated in a marriage ceremony purporting to marry each other or they
24subsequently held themselves out as husband and wife married to each other.
SB566,73 25Section 73. 54.960 (1) of the statutes is amended to read:
SB566,27,7
154.960 (1) Beneficial interests in a custodial trust created for multiple
2beneficiaries are deemed to be separate custodial trusts of equal undivided interests
3for each beneficiary. Except in a transfer or declaration for use and benefit of
4husband and wife 2 individuals who are married to each other, for whom
5survivorship is presumed, a right of survivorship does not exist unless the
6instrument creating the custodial trust specifically provides for survivorship or
7survivorship is required as to marital property.
Loading...
Loading...