AB50: Bill Text

AB50,458,5 48.27 (3) (b) 1. a. A person who has filed a declaration of paternal parental interest under s. 48.025.

AB50,771 Section 771. 48.27 (3) (b) 1. b. of the statutes is amended to read:

AB50,458,10 48.27 (3) (b) 1. b. A person 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 a parent of the child.

AB50,772 Section 772. 48.27 (5) of the statutes is amended to read:

AB50,458,18 48.27 (5) Subject to sub. (3) (b), the court shall make every reasonable effort to identify and notify any person who has filed a declaration of paternal parental interest under s. 48.025, any person conclusively determined from genetic test results to be the father under s. 767.804 (1), any person who has acknowledged paternity parentage of the child under s. 767.805 (1), and any person who has been adjudged to be the father parent of the child in a judicial proceeding unless the person’s parental rights have been terminated.

AB50,773 Section 773. 48.299 (6) (intro.) of the statutes is amended to read:

AB50,459,2 48.299 (6) (intro.) If a man person who has been given notice under s. 48.27 (3) (b) 1., 48.977 (4) (c) 1., 48.978 (2) (c) 1., or 48.9795 (4) (c) 1. appears at any hearing for which he or she received the notice, alleges that he or she is the father a parent of the child, and states that he or she wishes to establish the paternity parentage of the child, all of the following apply:

AB50,774 Section 774. 48.299 (6) (e) 1. of the statutes is amended to read:

AB50,459,8 48.299 (6) (e) 1. In this paragraph, “genetic test” means a test that examines genetic markers present on blood cells, skin cells, tissue cells, bodily fluid cells or cells of another body material for the purpose of determining the statistical probability that a man person who is alleged to be a child’s father parent is the child’s biological father parent.

AB50,775 Section 775. 48.299 (6) (e) 2. of the statutes is amended to read:

AB50,459,12 48.299 (6) (e) 2. The court shall, at the hearing, orally inform any man person specified in sub. (6) (intro.) that he or she may be required to pay for any testing ordered by the court under this paragraph or under s. 885.23.

AB50,776 Section 776. 48.299 (6) (e) 3. of the statutes is amended to read:

AB50,460,3 48.299 (6) (e) 3. In addition to ordering testing as provided under s. 885.23, if the court determines that it would be in the best interests of the child, the court may order any man person specified in sub. (6) (intro.) to submit to one or more genetic tests which shall be performed by an expert qualified as an examiner of genetic markers present on the cells and of the specific body material to be used for the tests, as appointed by the court. A report completed and certified by the court- appointed expert stating genetic test results and the statistical probability that the man person alleged to be the child’s father parent is the child’s biological father parent based upon the genetic tests is admissible as evidence without expert testimony and may be entered into the record at any hearing. The court, upon request by a party, may order that independent tests be performed by other experts qualified as examiners of genetic markers present on the cells of the specific body materials to be used for the tests.

AB50,777 Section 777. 48.299 (6) (e) 4. of the statutes is amended to read:

AB50,460,9 48.299 (6) (e) 4. If the genetic tests show that an alleged father parent is not excluded and that the statistical probability that the alleged father parent is the child’s biological father parent is 99.0 percent or higher, the court may determine that for purposes of a proceeding under this chapter, other than a proceeding under subch. VIII, the man person is the child’s biological parent.

AB50,778 Section 778. 48.299 (7) of the statutes is amended to read:

AB50,460,19 48.299 (7) If a man person who has been given notice under s. 48.27 (3) (b) 1., 48.977 (4) (c) 1., 48.978 (2) (c) 1., or 48.9795 (4) (c) 1. appears at any hearing for which he or she received the notice but does not allege that he or she is the father a parent of the child and state that he or she wishes to establish the paternity parentage of the child or if no man person to whom such notice was given appears at a hearing, the court may refer the matter to the state or to the attorney responsible for support enforcement under s. 59.53 (6) (a) for a determination, under s. 767.80, of whether an action should be brought for the purpose of determining the paternity parentage of the child.

AB50,779 Section 779. 48.33 (4) (b) of the statutes is repealed.

AB50,780 Section 780. 48.33 (4m) of the statutes is repealed.

AB50,781 Section 781. 48.335 (3r) of the statutes is repealed.

AB50,782 Section 782. 48.355 (2) (b) 4. of the statutes is repealed.

AB50,783 Section 783. 48.355 (4g) (a) 1. of the statutes is amended to read:

AB50,461,8 48.355 (4g) (a) 1. The child’s parents are parties to a pending action for divorce, annulment, or legal separation, a man person determined under s. 48.299 (6) (e) 4. to be the biological father parent of the child for purposes of a proceeding under this chapter is a party to a pending action to determine paternity of the child under ch. 767, or the child is the subject of a pending independent action under s. 767.41 or 767.43 to determine legal custody of the child or visitation rights with respect to the child.

AB50,784 Section 784. 48.357 (5m) of the statutes is repealed.

AB50,785 Section 785. 48.36 (4) of the statutes is created to read:

AB50,461,14 48.36 (4) (a) The county department or the department may, based on criteria established by the department by rule, refer to the attorney responsible for support enforcement under s. 59.53 (6) (a) the name of the parent or parents of a child for whom an out-of-home care placement has been ordered under s. 48.355 or 48.357.

AB50,461,16 (b) The department shall promulgate rules establishing criteria for when it is appropriate for a child support referral to be made under par. (a).

AB50,786 Section 786. 48.363 (2) of the statutes is amended to read:

AB50,461,22 48.363 (2) If the court revises a dispositional order entered prior to July 1, 2026, with respect to the amount of child support to be paid by a parent for the care and maintenance of the parent’s minor child who has been placed by a court order under this chapter in a residential, nonmedical facility, the court shall determine the liability of the parent in the manner provided in s. 49.345 (14).

AB50,787 Section 787. 48.38 (2) (f) of the statutes is amended to read:

AB50,462,2 48.38 (2) (f) The child’s care would be paid for under s. 49.19 but for s. 49.19 (20), except that this paragraph does not apply to a child whose care is being paid for under s. 48.623 (1) (1r).

AB50,788 Section 788. 48.38 (4) (j) (intro.) of the statutes is amended to read:

AB50,462,6 48.38 (4) (j) (intro.) If the child is placed in the home of a relative or other person described in s. 48.623 (1) (1r) (b) 1. who will be receiving subsidized guardianship payments, a description of all of the following:

AB50,789 Section 789. 48.38 (4) (j) 3. of the statutes is amended to read:

AB50,462,12 48.38 (4) (j) 3. The reasons why a permanent placement with a fit and willing relative or other person described in s. 48.623 (1) (1r) (b) 1. through a subsidized guardianship arrangement is in the best interests of the child. In the case of an Indian child, the best interests of the Indian child shall be determined in accordance with s. 48.01 (2).

AB50,790 Section 790. 48.38 (4) (j) 4. of the statutes is amended to read:

AB50,462,16 48.38 (4) (j) 4. The ways in which the child and the relative or other person described in s. 48.623 (1) (1r) (b) 1. meet the eligibility requirements specified in s. 48.623 (1) (1r) for the receipt of subsidized guardianship payments.

AB50,791 Section 791. 48.38 (4) (j) 5. of the statutes is amended to read:

AB50,462,22 48.38 (4) (j) 5. The efforts the agency has made to discuss adoption of the child by the relative or other person described in s. 48.623 (1) (1r) (b) 1. as a more permanent alternative to guardianship and, if that relative or other person has chosen not to pursue adoption, documentation of the reasons for not pursuing adoption.

AB50,792 Section 792. 48.396 (2) (dm) of the statutes is amended to read:

AB50,463,10 48.396 (2) (dm) Upon request of a court having jurisdiction over actions affecting the family, an attorney responsible for support enforcement under s. 59.53 (6) (a) or a party to a paternity proceeding under subch. IX of ch. 767, the party’s attorney or the guardian ad litem for the child who is the subject of that proceeding to review or be provided with information from the records of the court assigned to exercise jurisdiction under this chapter and ch. 938 relating to the paternity of a child for the purpose of determining the paternity of the child or for the purpose of rebutting the presumption of paternity parentage under s. 891.405, 891.407, or 891.41 (1), the court assigned to exercise jurisdiction under this chapter and ch. 938 shall open for inspection by the requester its records relating to the paternity of the child or disclose to the requester those records.

AB50,793 Section 793. 48.42 (1g) (a) 4. of the statutes is amended to read:

AB50,463,13 48.42 (1g) (a) 4. A statement identifying any man person who has lived in a familial relationship with the child and who may be the father a parent of the child.

AB50,794 Section 794. 48.42 (1g) (b) of the statutes is amended to read:

AB50,464,2 48.42 (1g) (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.

AB50,795 Section 795. 48.42 (1g) (c) of the statutes is amended to read:

AB50,464,5 48.42 (1g) (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).

AB50,796 Section 796. 48.42 (2) (b) 1. of the statutes is amended to read:

AB50,464,9 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.

AB50,797 Section 797. 48.42 (2) (b) 2. of the statutes is amended to read:

AB50,464,15 48.42 (2) (b) 2. A person or persons alleged to the court to be the father a parent of the child or who may, based upon 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 unless that person has waived the right to notice under s. 48.41 (2) (c).

AB50,798 Section 798. 48.42 (2) (bm) 1. of the statutes is amended to read:

AB50,464,20 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.

AB50,799 Section 799. 48.422 (6) (a) of the statutes is amended to read:

AB50,465,8 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 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.

AB50,800 Section 800. 48.422 (7) (bm) of the statutes is amended to read:

AB50,466,4 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).

AB50,801 Section 801. 48.422 (7) (br) of the statutes is amended to read:

AB50,466,8 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.

AB50,802 Section 802. 48.423 (2) (d) of the statutes is amended to read:

AB50,466,12 48.423 (2) (d) That the person has complied with the requirements of the state where the mother birth parent previously resided or was located to protect and preserve his paternal or her parental interests in matters affecting the child.

AB50,803 Section 803. 48.432 (1) (am) 2. b. of the statutes is amended to read:

AB50,466,16 48.432 (1) (am) 2. b. If there is no adjudicated father, the husband spouse of the mother at the time the individual or adoptee is conceived or born, or when the parents intermarry under s. 767.803.

AB50,804 Section 804. Subchapter IX (title) of chapter 48 [precedes 48.44] of the statutes is amended to read:

AB50,466,19 CHAPTER 48

AB50,466,22 SUBCHAPTER IX JURISDICTION OVER PERSON 17 OR OLDER ADULTS

AB50,805 Section 805. 48.44 of the statutes is amended to read:

AB50,467,4 48.44 Jurisdiction over persons 17 or older adults. The court has jurisdiction over persons 17 years of age or older adults as provided under ss. 48.133, 48.355 (4), 48.357 (6), 48.365 (5), and 48.45 and as otherwise specifically provided in this chapter.

AB50,806 Section 806. 48.45 (1) (a) of the statutes is amended to read:

AB50,467,13 48.45 (1) (a) If in the hearing of a case of a child alleged to be in a condition described in s. 48.13 it appears that any person 17 years of age or older adult has been guilty of contributing to, encouraging, or tending to cause by any act or omission, such that condition of the child, the judge may make orders with respect to the conduct of such that person in his or her relationship to the child, including orders determining the ability of the person to provide for the maintenance or care of the child and directing when, how, and from where funds for the maintenance or care shall be paid.

AB50,807 Section 807. 48.45 (1) (am) of the statutes is amended to read:

AB50,467,21 48.45 (1) (am) If in the hearing of a case of an unborn child and the unborn child’s expectant mother alleged to be in a condition described in s. 48.133 it appears that any person 17 years of age or over adult has been guilty of contributing to, encouraging, or tending to cause by any act or omission, such that condition of the unborn child and expectant mother, the judge may make orders with respect to the conduct of such that person in his or her relationship to the unborn child and expectant mother.

AB50,808 Section 808. 48.45 (3) of the statutes is amended to read:

AB50,468,5 48.45 (3) If it appears at a court hearing that any person 17 years of age or older adult has violated s. 948.40, the judge shall refer the record to the district attorney for criminal proceedings as may be warranted in the district attorney’s judgment. This subsection does not prevent prosecution of violations of s. 948.40 without the prior reference by the judge to the district attorney, as in other criminal cases.

AB50,809 Section 809. 48.48 (8p) of the statutes is amended to read:

AB50,468,14 48.48 (8p) To reimburse tribes and county departments, from the appropriation appropriations under s. 20.437 (1) (bn) and (kz), for unexpected or unusually high-cost out-of-home care placements of Indian children by tribal courts, other than placements to which s. 938.485 (4) applies. In this subsection, “unusually high-cost out-of-home care placements” means the amount by which the cost to a tribe or to a county department of out-of-home care placements of Indian children by tribal courts, other than placements to which s. 938.485 (4) applies, exceeds $50,000 in a fiscal year.

AB50,810 Section 810. 48.48 (8r) of the statutes is amended to read:

AB50,468,19 48.48 (8r) To reimburse county departments, the county department under s. 46.215, and Indian tribes, from the appropriations under s. 20.437 (1) (dd), (kL), and (pd), for subsidized guardianship payments made under s. 48.623 (1) (1r) or (6), including guardianships of children ordered by tribal courts.

AB50,811 Section 811. 48.48 (8x) of the statutes is created to read:

AB50,468,23 48.48 (8x) To pay for specialized services to children with high acuity needs in congregate care facilities, as defined under s. 48.685 (1) (ao), from the appropriations under s. 20.437 (1) (dd) and (pd).

AB50,812 Section 812. 48.481 (title) of the statutes is amended to read:

AB50,469,2 48.481 (title) Grants for children’s community Youth support programs.

AB50,813 Section 813. 48.481 (2) of the statutes is renumbered 48.481 (2) (b) and amended to read:

AB50,469,9 48.481 (2) (b) The From the appropriation under s. 20.437 (1) (bc), the department shall distribute at least $231,700 in each fiscal year funds for the purpose of assisting any of the following individuals who attain, if the individual is under the age of 23, to make the transition from out-of-home care to a successful adulthood:

AB50,469,14 1. An individual who attained the age of 18 while residing in a foster home, group home, or residential care center for children and youth, in the home of a relative other than a parent, or in a supervised independent living arrangement to make the transition from out-of-home care to a successful adulthood out-of-home care.

AB50,469,18 (c) Public or private agencies or organizations are eligible for funding under this subsection. No county department or Indian tribe may use funds provided under this subsection to replace funds previously used by the county department or Indian tribe for this purpose.

AB50,814 Section 814. 48.481 (2) (a) of the statutes is created to read:

AB50,470,2 48.481 (2) (a) In this subsection, “out-of-home care” means the placement and care of a child by the department, a county department, or a tribal child welfare agency in a foster home, group home, or residential care center for children and youth, in the home of a relative other than a parent, in the home of like-kin, in the home of a person who is not a relative or like-kin, or in a supervised independent living arrangement.

AB50,815 Section 815. 48.481 (2) (b) 2. of the statutes is created to read: