SB907: Bill Text

SB907,,193 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).

SB907,88 Section 88. 48.422 (7) (br) of the statutes is amended to read:

SB907,,195 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.

SB907,89 Section 89. 48.423 (1) and (2) of the statutes are amended to read:

SB907,,197 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).

SB907,,198 (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:

SB907,,199 (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.

SB907,,200 (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.

SB907,,201 (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.

SB907,,202 (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.

SB907,90 Section 90. 48.43 (6) (b) of the statutes is amended to read:

SB907,,204 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.

SB907,91 Section 91. 48.432 (1) (am) 1. of the statutes is amended to read:

SB907,,206 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.

SB907,92 Section 92. 48.432 (1) (am) 2. b. of the statutes is amended to read:

SB907,,208 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.

SB907,93 Section 93. 48.435 of the statutes is amended to read:

SB907,,210 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.

SB907,94 Section 94. 48.63 (3) (b) 4. of the statutes is amended to read:

SB907,,212 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.

SB907,95 Section 95. 48.63 (3) (b) 5. of the statutes is amended to read:

SB907,,214 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.

SB907,96 Section 96. 48.82 (1) (a) of the statutes is amended to read:

SB907,,216 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.

SB907,97 Section 97. 48.837 (1r) (d) of the statutes is amended to read:

SB907,,218 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.

SB907,98 Section 98. 48.837 (1r) (e) of the statutes is amended to read:

SB907,,220 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.

SB907,99 Section 99. 48.837 (6) (b) of the statutes is amended to read:

SB907,,222 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).

SB907,100 Section 100. 48.837 (6) (br) of the statutes is amended to read:

SB907,,224 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).

SB907,101 Section 101. 48.837 (8) of the statutes is amended to read:

SB907,,226 48.837 (8) Attorney representation. The same attorney may not represent the adoptive parents and the a birth mother or birth father parent.

SB907,102 Section 102. 48.913 (1) (a) of the statutes is amended to read:

SB907,,228 48.913 (1) (a) Preadoptive counseling for a birth parent of the child or an alleged or presumed father parent of the child.

SB907,103 Section 103. 48.913 (1) (b) of the statutes is amended to read:

SB907,,230 48.913 (1) (b) Post-adoptive counseling for a birth parent of the child or an alleged or presumed father parent of the child.

SB907,104 Section 104. 48.913 (1) (c) of the statutes is amended to read:

SB907,,232 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.

SB907,105 Section 105. 48.913 (1) (f) of the statutes is amended to read:

SB907,,234 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.

SB907,106 Section 106. 48.913 (1) (i) of the statutes is amended to read:

SB907,,236 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.

SB907,107 Section 107. 48.913 (1) (m) of the statutes is amended to read:

SB907,,238 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.

SB907,108 Section 108. 48.913 (2) (intro.) of the statutes is amended to read:

SB907,,240 48.913 (2) Payment of expenses when birth parent is residing in another state. (intro.) Notwithstanding sub. (1), the proposed adoptive parents of a child or a person acting on behalf of the proposed adoptive parents of a child may pay for an expense of a birth parent of the child or an alleged or presumed father parent of the child if the birth parent or the alleged or presumed father parent was residing in another state when the payment was made and when the expense was incurred and if all of the following apply:

SB907,109 Section 109. 48.913 (2) (b) of the statutes is amended to read:

SB907,,242 48.913 (2) (b) The state in which the birth parent or the alleged or presumed father parent was residing when the payment was made permits the payment of that expense by the proposed adoptive parents of the child.

SB907,110 Section 110. 48.913 (2) (c) (intro.) of the statutes is amended to read:

SB907,,244 48.913 (2) (c) (intro.) A listing of all payments made under this subsection, a copy of the statutory provisions of the state in which the birth parent or the alleged or presumed father parent was residing when the payments were made that permit those payments to be made by the proposed adoptive parents of the child, and a copy of all orders entered in the state in which the birth parent or the alleged or presumed father parent was residing when the payments were made that relate to the payment of expenses of the birth parent or the alleged or presumed father parent by the proposed adoptive parents of the child is submitted to the court as follows:

SB907,111 Section 111. 48.913 (3) of the statutes is amended to read:

SB907,,246 48.913 (3) Method of payment. Any payment under sub. (1) or (2) shall be made directly to the provider of a good or service except that a payment under sub. (1) or (2) may be made to a birth parent of the child or to an alleged or presumed father parent of the child as reimbursement of an amount previously paid by the birth parent or by the alleged or presumed father parent if documentation is provided showing that the birth parent or alleged or presumed father parent has made the previous payment.

SB907,112 Section 112. 48.9795 (1) (a) 1. c. and (b) of the statutes are amended to read:

SB907,,248 48.9795 (1) (a) 1. c. Any person who has filed a declaration of paternal parental interest under s. 48.025, who is alleged to the court to be the father a parent of the child, or who may, based on the statements of the mother parent who gave birth to the child or other information presented to the court, be the father parent of the child.

SB907,,249 (b) “Party” means the person petitioning for the appointment of a guardian for a child or any interested person other than a person who is alleged to the court to be the father a parent of the child or who may, based on the statements of the mother parent who gave birth to the child or other information presented to the court, be the father parent of the child.

SB907,113 Section 113. 48.9795 (4) (e) 3. of the statutes is amended to read:

SB907,,251 48.9795 (4) (e) 3. If a man person who has been given notice under par. (c) 1. appears at the initial hearing, alleges that he is the father to be a parent of the child, and states that he wishes requests to establish the paternity parentage of the child, s. 48.299 (6) applies. The court may order a temporary guardianship under sub. (5) pending the outcome of the paternity parentage proceedings.

SB907,114 Section 114. 49.141 (1) (i) 3. of the statutes is amended to read:

SB907,,253 49.141 (1) (i) 3. A parent person who has been conclusively determined from genetic test results to be the father parent under s. 767.804.

SB907,115 Section 115. 49.141 (1) (j) 1. of the statutes is amended to read:

SB907,,255 49.141 (1) (j) 1. A biological natural parent.

SB907,116 Section 116. 49.141 (1) (j) 2. of the statutes is amended to read:

SB907,,257 49.141 (1) (j) 2. A person who has consented to the artificial insemination of his wife a spouse under s. 891.40.

SB907,117 Section 117. 49.141 (1) (j) 4. of the statutes is amended to read:

SB907,,259 49.141 (1) (j) 4. A man person adjudged in a judicial proceeding to be the biological father natural parent of a child if the child is a nonmarital child who is not adopted or whose parents do not subsequently intermarry under s. 767.803.

SB907,118 Section 118. 49.141 (1) (j) 5. of the statutes is amended to read:

SB907,,261 49.141 (1) (j) 5. A man person who has signed and filed with the state registrar under s. 69.15 (3) (b) 3. a statement acknowledging paternity parentage.

SB907,119 Section 119. 49.141 (1) (j) 6. of the statutes is amended to read:

SB907,,263 49.141 (1) (j) 6. A man person who has been conclusively determined from genetic test results to be the father parent under s. 767.804.

SB907,120 Section 120. 49.148 (1m) (title) of the statutes is amended to read:

SB907,,265 49.148 (1m) (title) Custodial parent of infant; unmarried, pregnant woman person.

SB907,121 Section 121. 49.148 (1m) (a) 2. of the statutes is amended to read:

SB907,,267 49.148 (1m) (a) 2. An unmarried woman person who would be eligible under s. 49.145 except that he or she is not a custodial parent of a dependent child and who is in the 3rd trimester of a pregnancy that is medically verified and that is shown by medical documentation to be at risk and to render the woman person unable to participate in the workforce.

SB907,122 Section 122. 49.148 (1m) (c) 2. of the statutes is amended to read:

SB907,,269 49.148 (1m) (c) 2. Receipt of a grant under this subsection by a participant under par. (a) 1. constitutes participation in a Wisconsin Works employment position if the child is born to the participant more than 10 months after the date that the participant was first determined to be eligible for assistance under s. 49.19 or for a Wisconsin Works employment position unless the child was conceived as a result of a sexual assault in violation of s. 940.225 (1), (2), or (3) in which the mother person who gave birth to the child did not indicate a freely given agreement to have sexual intercourse or in violation of s. 948.02 or 948.025 or as a result of incest in violation of s. 944.06 or 948.06 and that incest or sexual assault has been reported to a physician and to law enforcement authorities.

SB907,123 Section 123. 49.155 (1m) (c) 1g. of the statutes is amended to read:

SB907,,271 49.155 (1m) (c) 1g. If the individual is a foster parent of the child or a subsidized guardian or interim caretaker of the child under s. 48.623, the child’s biological natural or adoptive family has a gross income that is at or below 200 percent of the poverty line. In calculating the gross income of the child’s biological natural or adoptive family, the department or county department or agency determining eligibility shall include court-ordered child or family support payments received by the individual, if those support payments exceed $1,250 per month, and income described under s. 49.145 (3) (b) 1. and 3.

SB907,124 Section 124. 49.155 (1m) (c) 1h. of the statutes is amended to read:

SB907,,273 49.155 (1m) (c) 1h. If the individual is a relative of the child, is providing care for the child under a court order, and is receiving payments under s. 48.57 (3m) or (3n) on behalf of the child, the child’s biological natural or adoptive family has a gross income that is at or below 200 percent of the poverty line. In calculating the gross income of the child’s biological natural or adoptive family, the department or county department or agency determining eligibility shall include court-ordered child or family support payments received by the individual, if those support payments exceed $1,250 per month, and income described under s. 49.145 (3) (b) 1. and 3.

SB907,125 Section 125. 49.162 (2m) (a) 2. of the statutes is amended to read:

SB907,,275 49.162 (2m) (a) 2. A woman person who is in a pregnancy that is medically verified and that is shown by medical documentation to be at risk.

SB907,126 Section 126. 49.162 (2m) (b) 2. of the statutes is amended to read:

SB907,,277 49.162 (2m) (b) 2. A woman person who is in a pregnancy that is medically verified and that is shown by medical documentation to be at risk.

SB907,127 Section 127. 49.163 (2) (am) 2. of the statutes is amended to read:

SB907,,279 49.163 (2) (am) 2. If over 25 years of age, be a biological natural or adoptive parent of a child under 18 years of age whose parental rights to the child have not been terminated or be a relative and primary caregiver of a child under 18 years of age.

SB907,128 Section 128. 49.19 (1) (a) 2. a. of the statutes is amended to read:

SB907,,281 49.19 (1) (a) 2. a. Is living with a parent; a blood relative, including those of half-blood, and including first cousins, nephews or nieces and persons of preceding generations as denoted by prefixes of grand, great or great-great; a stepfather, stepmother stepparent, stepbrother, or stepsister; a person who legally adopts the child or is the adoptive parent of the child’s parent, a natural or legally adopted child of such person or a relative of an adoptive parent; or a spouse of any person named in this subparagraph subd. 2. a. even if the marriage is terminated by death or divorce; and is living in a residence maintained by one or more of these relatives as the child’s or their own home, or living in a residence maintained by one or more of these relatives as the child’s or their own home because the parents of the child have been found unfit to have care and custody of the child; or