AB484,51
12Section
51. 48.27 (5) of the statutes is amended to read:
AB484,25,1913
48.27
(5) Subject to sub. (3) (b), the court shall make every reasonable effort
14to identify and notify any person who has filed a declaration of
paternal parental 15interest under s. 48.025, any person conclusively determined from genetic test
16results to be the
father parent under s. 767.804 (1), any person who has
17acknowledged
paternity parentage of the child under s. 767.805 (1), and any person
18who has been adjudged to be the
father parent of the child in a judicial proceeding
19unless the person's parental rights have been terminated.
AB484,52
20Section 52
. 48.295 (1) of the statutes is amended to read:
AB484,26,1821
48.295
(1) After the filing of a petition and upon a finding by the court that
22reasonable cause exists to warrant a physical, psychological, mental, or
23developmental examination or an alcohol and other drug abuse assessment that
24conforms to the criteria specified under s. 48.547 (4), the court may order any child
25coming within its jurisdiction to be examined as an outpatient by personnel in an
1approved treatment facility for alcohol and other drug abuse, by a physician,
2psychiatrist or licensed psychologist, or by another expert appointed by the court
3holding at least a master's degree in social work or another related field of child
4development, in order that the child's physical, psychological, alcohol or other drug
5dependency, mental, or developmental condition may be considered. The court may
6also order a physical, psychological, mental, or developmental examination or an
7alcohol and other drug abuse assessment that conforms to the criteria specified
8under s. 48.547 (4) of a parent, guardian, or legal custodian whose ability to care for
9a child is at issue before the court or of an expectant
mother parent whose
ability to
10control her use of alcohol beverages, controlled substances, or controlled substance
11analogs is at issue before the court. The court shall hear any objections by the child
12or the child's parents, guardian, or legal custodian to the request for such an
13examination or assessment before ordering the examination or assessment. The
14expenses of an examination, if approved by the court, shall be paid by the county of
15the court ordering the examination in a county having a population of less than
16750,000 or by the department in a county having a population of 750,000 or more.
17The payment for an alcohol and other drug abuse assessment shall be in accordance
18with s. 48.361.
AB484,53
19Section 53
. 48.299 (1) (a) of the statutes is amended to read:
AB484,27,220
48.299
(1) (a) The general public shall be excluded from hearings under this
21chapter and from hearings by courts exercising jurisdiction under s. 48.16 unless a
22public fact-finding hearing is demanded by a child through
his or her counsel, by an
23expectant
mother parent through
her counsel, or by an unborn child's guardian ad
24litem. However, the court shall refuse to grant the public hearing in a proceeding
1other than a proceeding under s. 48.375 (7), if a parent, guardian, expectant
mother 2parent, or unborn child's guardian ad litem objects.
AB484,54
3Section 54
. 48.299 (6) (intro.) of the statutes is amended to read:
AB484,27,84
48.299
(6) (intro.) If a
man
person who has been given notice under s. 48.27 (3)
5(b) 1., 48.977 (4) (c) 1., 48.978 (2) (c) 1., or 48.9795 (4) (c) 1. appears at any hearing
6for which
he the person received the notice, alleges
that he is the father to be the
7parent of the child, and
states that he wishes
requests to establish the
paternity of
8the child child's parentage, all of the following apply:
AB484,55
9Section 55
. 48.299 (6) (e) 1. of the statutes is amended to read:
AB484,27,1410
48.299
(6) (e) 1. In this paragraph, “genetic test" means a test that examines
11genetic markers present on blood cells, skin cells, tissue cells, bodily fluid cells or
12cells of another body material for the purpose of determining the statistical
13probability that a
man person who is alleged to be a child's
father parent is the child's
14biological
father parent.
AB484,56
15Section 56
. 48.299 (6) (e) 2. of the statutes is amended to read:
AB484,27,1816
48.299
(6) (e) 2. The court shall, at the hearing, orally inform any
man person 17specified in sub. (6) (intro.) that he
or she may be required to pay for any testing
18ordered by the court under this paragraph or under s. 885.23.
AB484,57
19Section 57
. 48.299 (6) (e) 3. of the statutes is amended to read:
AB484,28,720
48.299
(6) (e) 3. In addition to ordering testing as provided under s. 885.23, if
21the court determines that it would be in the best interests of the child, the court may
22order any
man person specified in sub. (6) (intro.) to submit to one or more genetic
23tests which shall be performed by an expert qualified as an examiner of genetic
24markers present on the cells and of the specific body material to be used for the tests,
25as appointed by the court. A report completed and certified by the court-appointed
1expert stating genetic test results and the statistical probability that the
man person 2alleged to be the child's
father parent is the child's biological
father parent based
3upon the genetic tests is admissible as evidence without expert testimony and may
4be entered into the record at any hearing. The court, upon request by a party, may
5order that independent tests be performed by other experts qualified as examiners
6of genetic markers present on the cells of the specific body materials to be used for
7the tests.
AB484,58
8Section 58
. 48.299 (6) (e) 4. of the statutes is amended to read:
AB484,28,139
48.299
(6) (e) 4. If the genetic tests show that an alleged
father parent is not
10excluded and that the statistical probability that the alleged
father parent is the
11child's biological
father parent is 99.0 percent or higher, the court may determine
12that for purposes of a proceeding under this chapter, other than a proceeding under
13subch. VIII, the
man person is the child's biological parent.
AB484,59
14Section 59
. 48.299 (7) of the statutes is amended to read:
AB484,28,2315
48.299
(7) If a
man person who has been given notice under s. 48.27 (3) (b) 1.,
1648.977 (4) (c) 1., 48.978 (2) (c) 1., or 48.9795 (4) (c) 1. appears at any hearing for which
17he the person received the notice but does not allege
that he is the father to be the
18parent of the child and
state that he wishes
states a wish to establish the
paternity
19parentage of the child
, or if no
man person to whom such notice was given appears
20at a hearing, the court may refer the matter to the state or to the attorney responsible
21for support enforcement under s. 59.53 (6) (a) for a determination, under s. 767.80,
22of whether an action should be brought for the purpose of determining the
paternity 23parentage of the child.
AB484,60
24Section 60
. 48.299 (8) of the statutes is amended to read:
AB484,29,5
148.299
(8) As part of the proceedings under this chapter, the court may order
2that a record be made of any testimony of the
child's mother person who gave birth
3to the child relating to the child's
paternity
parentage. A record made under this
4subsection is admissible in a proceeding to determine the child's
paternity parentage 5under subch. IX of ch. 767.
AB484,61
6Section 61
. 48.30 (2) of the statutes is amended to read:
AB484,29,167
48.30
(2) At the commencement of the hearing under this section
, the child and
8the parent, guardian, legal custodian, or Indian custodian; the child expectant
9mother, her parent, the child expectant parent's parent, guardian, legal custodian,
10or Indian custodian, and the unborn child's guardian ad litem; or the adult expectant
11mother parent and the unborn child's guardian ad litem
; shall be advised of the
12rights specified in s. 48.243 and shall be informed that a request for a jury trial or
13for a substitution of judge under s. 48.29 must be made before the end of the plea
14hearing or is waived. Nonpetitioning parties, including the child, shall be granted
15a continuance of the plea hearing if they wish to consult with an attorney on the
16request for a jury trial or substitution of a judge.
AB484,62
17Section 62
. 48.32 (1) (a) of the statutes is amended to read:
AB484,30,818
48.32
(1) (a) At any time after the filing of a petition for a proceeding relating
19to s. 48.13 or 48.133 and before the entry of judgment, the judge or a circuit court
20commissioner may suspend the proceedings and place the child or expectant
mother 21parent under supervision in the home or present placement of the child or expectant
22mother parent. The court may establish terms and conditions applicable to the child
23and the child's parent, guardian, or legal custodian, to the child expectant
mother 24parent and
her the child expectant parent's parent, guardian or legal custodian, or
25to the adult expectant
mother parent, including the condition specified in sub. (1b).
1The order under this section shall be known as a consent decree and must be agreed
2to by the child if 12 years of age or older, the parent, guardian, or legal custodian, and
3the person filing the petition under s. 48.25; by the child expectant
mother parent,
4her the child expectant parent's parent, guardian, or legal custodian, the unborn
5child's guardian ad litem, and the person filing the petition under s. 48.25; or by the
6adult expectant
mother parent, the unborn child's guardian ad litem, and the person
7filing the petition under s. 48.25. The consent decree shall be reduced to writing and
8given to the parties.
AB484,63
9Section 63
. 48.33 (2) of the statutes is amended to read:
AB484,30,1410
48.33
(2) Home placement reports. A report recommending that the child
11remain in his or her home or
that the expectant
mother parent remain in
his or her
12home may be presented orally at the dispositional hearing if all parties consent. A
13report that is presented orally shall be transcribed and made a part of the court
14record.
AB484,64
15Section 64
. 48.33 (4) (intro.) of the statutes is amended to read:
AB484,30,2216
48.33
(4) Other out-of-home placements. (intro.) A report recommending
17placement of an adult expectant
mother parent outside of
her the expectant parent's 18home shall be in writing. A report recommending placement of a child in a foster
19home, group home, or residential care center for children and youth, in the home of
20a relative other than a parent, in the home of a guardian under s. 48.977 (2), or in
21a supervised independent living arrangement shall be in writing and shall include
22all of the following:
AB484,65
23Section 65
. 48.345 (intro.) of the statutes is amended to read: