SB464,45,2015
48.63
(3) (b) 5. Prior to termination of parental rights to the child, no person
16may coerce a birth parent
of the child or
any alleged or presumed
father parent of the
17child into refraining from exercising his or her right to withdraw consent to the
18transfer or surrender of the child or to termination of his or her parental rights to the
19child, to have reasonable visitation or contact with the child, or to otherwise exercise
20his or her parental rights to the child.
SB464,96
21Section 96
. 48.82 (1) (a) of the statutes is amended to read:
SB464,45,2322
48.82
(1) (a)
A husband and wife
Spouses jointly, or
either the husband or wife
23if the
other spouse
is
of a parent of the minor.
SB464,97
24Section 97
. 48.837 (1r) (d) of the statutes is amended to read:
SB464,46,9
148.837
(1r) (d) Before a child may be placed under par. (a), the department,
2county department, or child welfare agency making the placement and the proposed
3adoptive parent or parents shall enter into a written agreement that specifies who
4is financially responsible for the cost of providing care for the child prior to the
5finalization of the adoption and for the cost of returning the child to the parent who
6has custody of the child if the adoption is not finalized. Under the agreement, the
7department, county department, or child welfare agency or the proposed adoptive
8parent or parents, but not
the any birth parent
of the child or
any alleged or
9presumed
father parent of the child, shall be financially responsible for those costs.
SB464,98
10Section 98
. 48.837 (1r) (e) of the statutes is amended to read:
SB464,46,1611
48.837
(1r) (e) Prior to termination of parental rights to the child, no person
12may coerce a birth parent
of the child or
any alleged or presumed
father parent of the
13child into refraining from exercising his or her right to withdraw consent to the
14transfer or surrender of the child or to termination of his or her parental rights to the
15child, to have reasonable visitation or contact with the child, or to otherwise exercise
16his or her parental rights to the child.
SB464,99
17Section 99
. 48.837 (6) (b) of the statutes is amended to read:
SB464,47,618
48.837
(6) (b) At the beginning of the hearing held under sub. (2), the court shall
19review the report that is submitted under s. 48.913 (6). The court shall determine
20whether any payments or the conditions specified in any agreement to make
21payments are coercive to
the any birth parent
of the child or
to an alleged or
22presumed
father parent of the child or are impermissible under s. 48.913 (4). Making
23any payment to or on behalf of
the a birth parent
of the child, an, alleged or presumed
24father parent of the child
, or the child conditional in any part upon transfer or
25surrender of the child or the termination of parental rights or the finalization of the
1adoption creates a rebuttable presumption of coercion. Upon a finding of coercion,
2the court shall dismiss the petitions under subs. (2) and (3) or amend the agreement
3to delete any coercive conditions, if the parties agree to the amendment. Upon a
4finding that payments
which that are impermissible under s. 48.913 (4) have been
5made, the court may dismiss the petition and may refer the matter to the district
6attorney for prosecution under s. 948.24 (1).
SB464,100
7Section 100
. 48.837 (6) (br) of the statutes is amended to read:
SB464,47,118
48.837
(6) (br) At the hearing on the petition under sub. (2), the court shall
9determine whether any person has coerced a birth parent or
any alleged or presumed
10father parent of the child in violation of sub. (1r) (e). Upon a finding of coercion, the
11court shall dismiss the petitions under subs. (2) and (3).
SB464,101
12Section
101. 48.837 (8) of the statutes is amended to read:
SB464,47,1413
48.837
(8) Attorney representation. The same attorney may not represent the
14adoptive parents and
the a birth
mother or birth father parent.
SB464,102
15Section 102
. 48.913 (1) (a) of the statutes is amended to read:
SB464,47,1716
48.913
(1) (a) Preadoptive counseling for a birth parent
of the child or
an 17alleged or presumed
father parent of the child.
SB464,103
18Section 103
. 48.913 (1) (b) of the statutes is amended to read:
SB464,47,2019
48.913
(1) (b) Post-adoptive counseling for a birth parent
of the child or
an 20alleged or presumed
father parent of the child.
SB464,104
21Section 104
. 48.913 (1) (c) of the statutes is amended to read:
SB464,47,2422
48.913
(1) (c)
Maternity clothes
Clothes to wear during pregnancy for the
23child's birth mother person who is pregnant with the child, in an amount not to
24exceed $300.
SB464,105
25Section 105
. 48.913 (1) (f) of the statutes is amended to read:
SB464,48,3
148.913
(1) (f) Medical and hospital care received by the
child's birth mother 2person who gives birth to the child in connection with the pregnancy or birth of the
3child. Medical and hospital care does not include lost wages or living expenses.
SB464,106
4Section 106
. 48.913 (1) (i) of the statutes is amended to read:
SB464,48,95
48.913
(1) (i) Living expenses of the
child's birth mother person who gives birth
6to the child, in an amount not to exceed $5,000, if payment of the expenses by the
7proposed adoptive parents or a person acting on their behalf is necessary to protect
8the health and welfare of the
birth mother person who gives birth to the child or the
9fetus.
SB464,107
10Section 107
. 48.913 (1) (m) of the statutes is amended to read:
SB464,48,1211
48.913
(1) (m) A gift to the
child's birth mother person who gives birth to the
12child from the proposed adoptive parents, of no greater than $100 in value.
SB464,108
13Section 108
. 48.913 (2) (intro.) of the statutes is amended to read:
SB464,48,2014
48.913
(2) Payment of expenses when birth parent is residing in another
15state. (intro.) Notwithstanding sub. (1), the proposed adoptive parents of a child or
16a person acting on behalf of the proposed adoptive parents of a child may pay for an
17expense of a birth parent of the child or an alleged or presumed
father parent of the
18child if the birth parent or
the alleged or presumed
father parent was residing in
19another state when the payment was made and when the expense was incurred and
20if all of the following apply:
SB464,109
21Section 109
. 48.913 (2) (b) of the statutes is amended to read:
SB464,48,2422
48.913
(2) (b) The state in which the birth parent or
the alleged or presumed
23father parent was residing when the payment was made permits the payment of that
24expense by the proposed adoptive parents of the child.