SB907,4899Section 48. 48.27 (3) (b) 1. and 2. of the statutes are amended to read:
SB907,,10010048.27 (3) (b) 1. Except as provided in subd. 2., if the petition that was filed relates to facts concerning a situation under s. 48.13 or a situation under s. 48.133 involving an expectant mother parent who is a child and if the child is a nonmarital child who is not adopted or whose parents do not subsequently intermarry as provided under s. 767.803 and if paternity the child’s parentage has not been established, the court shall notify, under s. 48.273, all of the following persons:
SB907,,101101a. A person who has filed a declaration of paternal parental interest under s. 48.025.
SB907,,102102b. 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.
SB907,,1031032. A court is not required to provide notice, under subd. 1., to any person who may be the father parent of a child conceived as a result of a sexual assault if a physician attests to his or her belief that there was a sexual assault of the child’s mother person who gave birth that may have resulted in the child’s conception.
SB907,49104Section 49. 48.27 (3) (c) of the statutes is amended to read:
SB907,,10510548.27 (3) (c) If the petition that was filed relates to facts concerning a situation under s. 48.133 involving an expectant mother parent who is an adult, the court shall notify, under s. 48.273, the unborn child’s guardian ad litem, the expectant mother parent, the physical custodian of the expectant mother parent, if any, and any person specified in par. (d), if applicable, of all hearings involving the unborn child and expectant mother parent except hearings on motions for which notice need only be provided to the expectant mother parent and her the expectant parent’s counsel and the unborn child’s guardian ad litem. The first notice to any interested party shall be written and may have a copy of the petition attached to it. Thereafter, notice of hearings may be given by telephone at least 72 hours before the time of the hearing. The person giving telephone notice shall place in the case file a signed statement of the time notice was given and the person to whom he or she spoke.
SB907,50106Section 50. 48.27 (4) (b) 2. of the statutes is amended to read:
SB907,,10710748.27 (4) (b) 2. Advise the adult expectant mother parent of her the expectant parent’s right to legal counsel regardless of ability to pay.
SB907,51108Section 51. 48.27 (5) of the statutes is amended to read:
SB907,,10910948.27 (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 parent 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.
SB907,52110Section 52. 48.295 (1) of the statutes is amended to read:
SB907,,11111148.295 (1) After the filing of a petition and upon a finding by the court that reasonable cause exists to warrant a physical, psychological, mental, or developmental examination or an alcohol and other drug abuse assessment that conforms to the criteria specified under s. 48.547 (4), the court may order any child coming within its jurisdiction to be examined as an outpatient by personnel in an approved treatment facility for alcohol and other drug abuse, by a physician, psychiatrist or licensed psychologist, or by another expert appointed by the court holding at least a master’s degree in social work or another related field of child development, in order that the child’s physical, psychological, alcohol or other drug dependency, mental, or developmental condition may be considered. The court may also order a physical, psychological, mental, or developmental examination or an alcohol and other drug abuse assessment that conforms to the criteria specified under s. 48.547 (4) of a parent, guardian, or legal custodian whose ability to care for a child is at issue before the court or of an expectant mother parent whose ability to control her use of alcohol beverages, controlled substances, or controlled substance analogs is at issue before the court. The court shall hear any objections by the child or the child’s parents, guardian, or legal custodian to the request for such an examination or assessment before ordering the examination or assessment. The expenses of an examination, if approved by the court, shall be paid by the county of the court ordering the examination in a county having a population of less than 750,000 or by the department in a county having a population of 750,000 or more. The payment for an alcohol and other drug abuse assessment shall be in accordance with s. 48.361.
SB907,53112Section 53. 48.299 (1) (a) of the statutes is amended to read:
SB907,,11311348.299 (1) (a) The general public shall be excluded from hearings under this chapter and from hearings by courts exercising jurisdiction under s. 48.16 unless a public fact-finding hearing is demanded by a child through his or her counsel, by an expectant mother parent through her counsel, or by an unborn child’s guardian ad litem. However, the court shall refuse to grant the public hearing in a proceeding other than a proceeding under s. 48.375 (7), if a parent, guardian, expectant mother parent, or unborn child’s guardian ad litem objects.
SB907,54114Section 54. 48.299 (6) (intro.) of the statutes is amended to read:
SB907,,11511548.299 (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 the person received the notice, alleges that he is the father to be the parent of the child, and states that he wishes requests to establish the paternity of the child child’s parentage, all of the following apply:
SB907,55116Section 55. 48.299 (6) (e) 1. of the statutes is amended to read:
SB907,,11711748.299 (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.
SB907,56118Section 56. 48.299 (6) (e) 2. of the statutes is amended to read:
SB907,,11911948.299 (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.
SB907,57120Section 57. 48.299 (6) (e) 3. of the statutes is amended to read:
SB907,,12112148.299 (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.
SB907,58122Section 58. 48.299 (6) (e) 4. of the statutes is amended to read:
SB907,,12312348.299 (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.
SB907,59124Section 59. 48.299 (7) of the statutes is amended to read:
SB907,,12512548.299 (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 the person received the notice but does not allege that he is the father to be the parent of the child and state that he wishes states a wish 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.
SB907,60126Section 60. 48.299 (8) of the statutes is amended to read:
SB907,,12712748.299 (8) As part of the proceedings under this chapter, the court may order that a record be made of any testimony of the child’s mother person who gave birth to the child relating to the child’s paternity parentage. A record made under this subsection is admissible in a proceeding to determine the child’s paternity parentage under subch. IX of ch. 767.