AB484,34,1019
48.355
(1) Intent. In any order under s. 48.345 or 48.347 the judge shall decide
20on a placement and treatment finding based on evidence submitted to the judge. The
21disposition shall employ those means necessary to maintain and protect the
22well-being of the child or unborn child which are the least restrictive of the rights
23of the parent and child, of the rights of the parent and child expectant
mother parent 24or of the rights of the adult expectant
mother
parent, and which assure the care,
25treatment or rehabilitation of the child and the family, of the child expectant
mother
1parent, the unborn child and the family or of the adult expectant
mother parent and
2the unborn child, consistent with the protection of the public. When appropriate,
3and, in cases of child abuse or neglect or unborn child abuse, when it is consistent
4with the best interest of the child or unborn child in terms of physical safety and
5physical health, the family unit shall be preserved and there shall be a policy of
6transferring custody of a child from the parent or of placing an expectant
mother 7parent outside of
her the expectant parent's home only when there is no less drastic
8alternative. If there is no less drastic alternative for a child than transferring
9custody from the parent, the judge shall consider transferring custody to a relative
10whenever possible.
AB484,70
11Section 70
. 48.355 (2) (b) 2m. of the statutes is amended to read:
AB484,34,1412
48.355
(2) (b) 2m. If the adult expectant
mother parent is placed outside
her 13the expectant parent's home, the name of the place or facility, including transitional
14placements, where the expectant
mother parent shall be treated.
AB484,71
15Section 71
. 48.355 (4g) (a) 1. of the statutes is amended to read:
AB484,34,2216
48.355
(4g) (a) 1. The child's parents are parties to a pending action for divorce,
17annulment, or legal separation, a
man person determined under s. 48.299 (6) (e) 4.
18to be the biological
father parent of the child for purposes of a proceeding under this
19chapter is a party to a pending action to determine
paternity parentage of the child
20under ch. 767, or the child is the subject of a pending independent action under s.
21767.41 or 767.43 to determine legal custody of the child or visitation rights with
22respect to the child.
AB484,72
23Section 72
. 48.356 (1) of the statutes is amended to read:
AB484,35,824
48.356
(1) Whenever the court orders a child to be placed outside
his or her of
25the child's home, orders an expectant
mother
parent of an unborn child to be placed
1outside of
her the expectant parent's home, or denies a parent visitation because the
2child or unborn child has been adjudged to be in need of protection or services under
3s. 48.345, 48.347, 48.357, 48.363, or 48.365 and whenever the court reviews a
4permanency plan under s. 48.38 (5m), the court shall orally inform the parent or
5parents who appear in court or the expectant
mother
parent who appears in court
6of any grounds for termination of parental rights under s. 48.415 which may be
7applicable and of the conditions necessary for the child or expectant
mother parent 8to be returned to the home or for the parent to be granted visitation.
AB484,73
9Section 73
. 48.357 (1) (am) 2. b. of the statutes is amended to read:
AB484,35,1410
48.357
(1) (am) 2. b. By the child expectant
mother parent, if 12 years of age
11or over,
her the child expectant parent's parent, guardian, legal custodian, or Indian
12custodian, the unborn child's guardian ad litem, and the child expectant
mother's 13parent's tribe, if
she the child expectant parent is an Indian child who has been
14removed from the home of
her a parent or Indian custodian.
AB484,74
15Section 74
. 48.357 (5r) of the statutes is amended to read:
AB484,35,2316
48.357
(5r) Expectant mother parent; placement outside the home. The court
17may not change the placement of an expectant
mother
parent of an unborn child in
18need of protection or services from a placement in the expectant
mother's parent's 19home to a placement outside of the expectant
mother's parent's home unless the court
20finds that the expectant
mother parent is refusing or has refused to accept any
21alcohol or other drug abuse services offered
to her or is not making or has not made
22a good faith effort to participate in any alcohol or other drug abuse services
offered
23to her.
AB484,75
24Section 75
. 48.361 (2) (a) 1m. of the statutes is amended to read:
AB484,36,12
148.361
(2) (a) 1m. If an adult expectant
mother parent neglects, refuses or is
2unable to obtain court-ordered alcohol and other drug abuse services
for herself 3through
her health insurance or other 3rd-party payments, the judge may order the
4adult expectant
mother parent to pay for the court-ordered alcohol and drug abuse
5services. If the adult expectant
mother parent consents to obtain court-ordered
6alcohol and other drug abuse services
for herself through
her health insurance or
7other 3rd-party payments but the health insurance provider or other 3rd-party
8payer refuses to provide the court-ordered alcohol and other drug abuse services, the
9court may order the health insurance provider or 3rd-party payer to pay for the
10court-ordered alcohol and other drug abuse services in accordance with the terms
11of the adult expectant
mother's parent's health insurance policy or other 3rd-party
12payment plan.
AB484,76
13Section 76
. 48.362 (3m) of the statutes is amended to read:
AB484,36,2414
48.362
(3m) If an adult expectant
mother parent neglects, refuses or is unable
15to obtain court-ordered special treatment or care
for herself through
her health
16insurance or other 3rd-party payments, the judge may order the adult expectant
17mother parent to pay for the court-ordered special treatment or care. If the adult
18expectant
mother parent consents to obtain court-ordered special treatment or care
19for herself through
her health insurance or other 3rd-party payments but the health
20insurance provider or other 3rd-party payer refuses to provide the court-ordered
21special treatment or care, the judge may order the health insurance provider or
223rd-party payer to pay for the court-ordered special treatment or care in accordance
23with the terms of the adult expectant
mother's
parent's health insurance policy or
24other 3rd-party payment plan.
AB484,77
25Section 77
. 48.41 (2) (c) of the statutes is amended to read:
AB484,37,7
148.41
(2) (c) A person who may be, but who has not been adjudicated as, the
2father parent of a nonmarital child may consent to the termination of any parental
3rights that
he the person may have as provided in par. (a) or (b) or by signing a
4written, notarized statement which recites that
he
the person has been informed of
5and understands the effect of an order to terminate parental rights and that
he the
6person voluntarily disclaims any rights that
he
the person may have to the child,
7including the right to notice of proceedings under this subchapter.
AB484,78
8Section 78
. 48.415 (6) (b) of the statutes is amended to read:
AB484,37,189
48.415
(6) (b) In this subsection, “substantial parental relationship" means the
10acceptance and exercise of significant responsibility for the daily supervision,
11education, protection and care of the child. In evaluating whether the person has had
12a substantial parental relationship with the child, the court may consider such
13factors, including, but not limited to, whether the person has expressed concern for
14or interest in the support, care or well-being of the child, whether the person has
15neglected or refused to provide care or support for the child and whether, with respect
16to a person who is or may be the
father parent of the child, the person has expressed
17concern for or interest in the support, care or well-being
during pregnancy of the
18mother during her pregnancy person who gave birth to the child.
AB484,79
19Section 79
. 48.415 (9) (a) and (b) of the statutes are amended to read:
AB484,38,220
48.415
(9) (a) Parenthood as a result of sexual assault, which shall be
21established by proving that the child was conceived as a result of a sexual assault in
22violation of s. 940.225 (1), (2)
, or (3), 948.02 (1) or (2), 948.025, or 948.085. Conception
23as a result of sexual assault as specified in this paragraph may be proved by a final
24judgment of conviction or other evidence produced at a fact-finding hearing under
25s. 48.424 indicating that the person who may be the
father parent of the child
1committed, during a possible time of conception, a sexual assault as specified in this
2paragraph against the
mother of person who gave birth to the child.
AB484,38,63
(b) If the conviction or other evidence specified in par. (a) indicates that the
4child was conceived as a result of a sexual assault in violation of s. 948.02 (1) or (2)
5or 948.085, the
mother of person who gave birth to the child may be heard on
her
the
6person's desire for the termination of the
father's other parent's parental rights.
AB484,80
7Section
80. 48.42 (1g) of the statutes is amended to read:
AB484,38,178
48.42
(1g) Affidavit. (a) Except as provided in par. (c), if the petition is filed
9by a person or agency other than the district attorney, corporation counsel, or other
10appropriate official under s. 48.09; if the petition seeks to terminate the parental
11rights of a person who may be the
father parent of a nonmarital child who is under
12one year of age at the time the petition is filed, who is not adopted or whose parents
13do not subsequently intermarry under s. 767.803, and whose
paternity parentage 14has not been established; and if the
mother of
person who gave birth to the child has
15voluntarily consented to or seeks to voluntarily consent to the termination of
her 16parental rights to the child, the petitioner may file with the petition an affidavit
17signed by the
mother person who gave birth that includes all of the following:
AB484,38,2018
1. A statement that the
mother person who gave birth to the child has
19voluntarily consented to or seeks to voluntarily consent to the termination of
her 20parental rights to the child.
AB484,38,2221
2. A statement acknowledging that the
mother
person who gave birth to the
22child has been asked to identify the
father
other natural parent of the child.
AB484,38,2523
3. A statement that the
mother person who gave birth to the child knows and
24is identifying the
father other natural parent or that
she the person who gave birth
25to the child does not know the identity of the
father other natural parent.
AB484,39,2
14. A statement identifying any
man person who has lived in a familial
2relationship with the child and who may be the
father natural parent of the child.
AB484,39,63
5. If the
mother person who gave birth to the child states that she knows and
4is identifying identifies the
father other natural parent of the child under subd. 3.
5or 4., the
father's other natural parent's name, age, and last-known mailing address,
6and the last-known mailing address of the f
ather's
other natural parent's employer.