SB464,79
19Section 79
. 48.415 (9) (a) and (b) of the statutes are amended to read:
SB464,38,220
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.
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(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.
SB464,80
7Section
80. 48.42 (1g) of the statutes is amended to read:
SB464,38,178
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:
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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.
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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.
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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.
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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.
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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.
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6. If the
mother person who gave birth to the child states that she does not know
8the identity of the
father other natural parent of the child, an explanation of why
she
9is unable to identify him identification is not possible and a physical description of
10the
father other natural parent of the child.
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7. A statement that the
mother person who gave birth to the child has been
12informed and understands that if
he or she misidentifies the
father, other natural
13parent of the child, he or she is permanently barred from attacking the termination
14of
the father's or her either parent's parental rights on the basis that the
father
other
15natural parent of the child was not correctly identified.
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8. A statement that the
mother person who gave birth to the child understands
17that
she may be prosecuted under s. 946.32 (2) for false swearing if she makes 18making a false statement that
he or she does not believe is true in the affidavit under
19this paragraph
may result in prosecution under s. 946.32 (2) for false swearing.
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9. A statement that the
mother person who gave birth to the child has reviewed
21and understands the affidavit, the name of the person who explained the affidavit
22and the consequences of signing the affidavit to
her
the person who gave birth to the
23child, and a statement that the
mother person who gave birth to the child is signing
24the affidavit voluntarily.
SB464,40,9
1(b) The petitioner shall notify any
man
person identified in the affidavit under
2par. (a) as an alleged
father parent of
his the right to file a declaration of
paternal 3parental interest under s. 48.025 before the birth of the child, within 14 days after
4the birth of the child, or within 21 days after the date on which the notice is mailed,
5whichever is later; of the birth date or anticipated birth date of the child; and of the
6consequences of filing or not filing a declaration of
paternal parental interest. The
7petitioner shall include with the notice a copy of the form required to file a
8declaration of
paternal parental interest under s. 48.025. The notice shall be sent
9by certified mail to the last-known address of the alleged
father parent.
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(c) If an affidavit under par. (a) is not filed with the petition, notice shall be
11given to an alleged
father parent under sub. (2).
SB464,81
12Section 81
. 48.42 (2) (b) 1. of the statutes is amended to read:
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48.42
(2) (b) 1. A person who has filed an unrevoked declaration of
paternal 14parental interest under s. 48.025 before the birth of the child or within 14 days after
15the birth of the child.
SB464,82
16Section 82
. 48.42 (2) (b) 2. of the statutes is amended to read:
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48.42
(2) (b) 2.
A Any person
or persons alleged to the court to be the
father 18parent of the child or who may, based upon the statements of the
mother person who
19gave birth to the child or other information presented to the court, be the
father 20parent of the child unless that person has waived the right to notice under s. 48.41
21(2) (c).
SB464,83
22Section 83
. 48.42 (2) (bm) 1. of the statutes is amended to read:
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48.42
(2) (bm) 1. A person who has filed an unrevoked declaration of
paternal 24parental interest under s. 48.025 before the birth of the child, within 14 days after
1the birth of the child, or within 21 days after a notice under sub. (1g) (b) is mailed,
2whichever is later.
SB464,84
3Section 84
. 48.42 (2m) (b) of the statutes is amended to read:
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48.42
(2m) (b)
Parent of nonmarital child. A person who may be the
father 5parent of a nonmarital child who is not adopted or whose parents do not subsequently
6intermarry under s. 767.803 and whose
paternity
parentage has not been
7established, by virtue of the fact that
he the person has engaged in sexual intercourse
8with the
mother of person who gave birth to the child, is considered to be on notice
9that a pregnancy and a termination of parental rights proceeding concerning the
10child may occur, and has the duty to protect his
or her own rights and interests.
He 11A person described in this paragraph is therefore entitled to actual notice of such a
12proceeding only as provided in sub. (2) (b) or (bm). A person who is not entitled to
13notice under sub. (2) (b) or (bm) does not have standing to appear and contest a
14petition for the termination of
his the person's parental rights, present evidence
15relevant to the issue of disposition, or make alternative dispositional
16recommendations.
SB464,85
17Section 85
. 48.42 (4) (b) 5. of the statutes is amended to read:
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48.42
(4) (b) 5. The notice shall not include the name of the
mother person who
19gave birth to the child unless the
mother
person who gave birth to the child consents.
20The notice shall not include the name of the child unless the court finds that inclusion
21of the child's name is essential to give effective notice to
the father a parent.
SB464,86
22Section 86
. 48.422 (6) (a) of the statutes is amended to read:
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48.422
(6) (a) In the case of a nonmarital child who is not adopted or whose
24parents do not subsequently intermarry under s. 767.803 and for whom
paternity 25parentage has not been established, or for whom a declaration of
paternal parental
1interest has not been filed under s. 48.025 within 14 days after the date of birth of
2the child or, if s. 48.42 (1g) (b) applies, within 21 days after the date on which the
3notice under s. 48.42 (1g) (b) is mailed, the court shall hear testimony concerning the
4paternity parentage of the child. Based on the testimony, the court shall determine
5whether all interested parties who are known have been notified under s. 48.42 (2)
6and (2g) (ag). If not, the court shall adjourn the hearing and order appropriate notice
7to be given.
SB464,87
8Section 87
. 48.422 (7) (bm) of the statutes is amended to read: