AB314: Bill Text

AB314,53,5 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.

AB314,119 Section 119. 49.141 (1) (j) 6. of the statutes is amended to read:

AB314,53,8 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.

AB314,120 Section 120. 49.148 (1m) (title) of the statutes is amended to read:

AB314,53,11 49.148 (1m) (title) Custodial parent of infant; unmarried, pregnant woman person.

AB314,121 Section 121. 49.148 (1m) (a) 2. of the statutes is amended to read:

AB314,53,17 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.

AB314,122 Section 122. 49.148 (1m) (c) 2. of the statutes is amended to read:

AB314,54,5 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.

AB314,123 Section 123. 49.155 (1m) (c) 1g. of the statutes is amended to read:

AB314,54,14 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.

AB314,124 Section 124. 49.155 (1m) (c) 1h. of the statutes is amended to read:

AB314,55,2 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.

AB314,125 Section 125. 49.162 (2m) (a) 2. of the statutes is amended to read:

AB314,55,5 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.

AB314,126 Section 126. 49.162 (2m) (b) 2. of the statutes is amended to read:

AB314,55,8 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.

AB314,127 Section 127. 49.163 (2) (am) 2. of the statutes is amended to read:

AB314,55,13 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.

AB314,128 Section 128. 49.19 (1) (a) 2. a. of the statutes is amended to read:

AB314,56,2 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

AB314,129 Section 129. 49.19 (4) (d) (intro.) of the statutes is amended to read:

AB314,56,6 49.19 (4) (d) (intro.) Aid may be granted to the mother or stepmother parent or stepparent of a dependent child if he or she is without a husband spouse or if he or she:

AB314,130 Section 130. 49.19 (4) (d) 1. of the statutes is amended to read:

AB314,56,9 49.19 (4) (d) 1. Is the wife spouse of a husband person who is incapacitated for gainful work by mental or physical disability; or

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: