AB337,32
1Section
32. 48.42 (2) (b) 1. of the statutes is amended to read:
AB337,15,42
48.42
(2) (b) 1. A person who has filed an unrevoked declaration of
paternal 3parental interest under s. 48.025 before the birth of the child or within 14 days after
4the birth of the child.
AB337,33
5Section 33
. 48.42 (2) (b) 2. of the statutes is amended to read:
AB337,15,96
48.42
(2) (b) 2. A person or persons alleged to the court to be
the father a parent 7of the child or who may, based upon the statements of the
mother parent who gave
8birth to the child or other information presented to the court, be the
father parent 9of the child unless that person has waived the right to notice under s. 48.41 (2) (c).
AB337,34
10Section 34
. 48.42 (2) (bm) 1. of the statutes is amended to read:
AB337,15,1411
48.42
(2) (bm) 1. A person who has filed an unrevoked declaration of
paternal 12parental interest under s. 48.025 before the birth of the child, within 14 days after
13the birth of the child, or within 21 days after a notice under sub. (1g) (b) is mailed,
14whichever is later.
AB337,35
15Section 35
. 48.422 (6) (a) of the statutes is amended to read:
AB337,15,2516
48.422
(6) (a) In the case of a nonmarital child who is not adopted or whose
17parents do not subsequently intermarry under s. 767.803 and for whom paternity
18has not been established, or for whom a declaration of
paternal parental interest has
19not been filed under s. 48.025 within 14 days after the date of birth of the child or,
20if s. 48.42 (1g) (b) applies, within 21 days after the date on which the notice under
21s. 48.42 (1g) (b) is mailed, the court shall hear testimony concerning the
paternity 22parentage of the child. Based on the testimony, the court shall determine whether
23all interested parties who are known have been notified under s. 48.42 (2) and (2g)
24(ag). If not, the court shall adjourn the hearing and order appropriate notice to be
25given.
AB337,36
1Section
36. 48.422 (7) (bm) of the statutes is amended to read:
AB337,16,192
48.422
(7) (bm) Establish whether a proposed adoptive parent of the child has
3been identified. If a proposed adoptive parent of the child has been identified and
4the proposed adoptive parent is not a relative of the child, the court shall order the
5petitioner to submit a report to the court containing the information specified in s.
648.913 (7). The court shall review the report to determine whether any payments or
7agreement to make payments set forth in the report are coercive to the birth parent
8of the child or to an alleged
to or presumed
father parent of the child or are
9impermissible under s. 48.913 (4). Making any payment to or on behalf of
the any 10birth parent
of the child, an, alleged or presumed
father parent of the child or the
11child conditional in any part upon transfer or surrender of the child or the
12termination of parental rights or the finalization of the adoption creates a rebuttable
13presumption of coercion. Upon a finding of coercion, the court shall dismiss the
14petition or amend the agreement to delete any coercive conditions, if the parties
15agree to the amendment. Upon a finding that payments
which that are
16impermissible under s. 48.913 (4) have been made, the court may dismiss the petition
17and may refer the matter to the district attorney for prosecution under s. 948.24 (1).
18This paragraph does not apply if the petition was filed with a petition for adoptive
19placement under s. 48.837 (2).
AB337,37
20Section 37
. 48.422 (7) (br) of the statutes is amended to read:
AB337,16,2321
48.422
(7) (br) Establish whether any person has coerced a birth parent
or any, 22alleged or presumed
father parent of the child in violation of s. 48.63 (3) (b) 5. Upon
23a finding of coercion, the court shall dismiss the petition.
AB337,38
24Section 38
. 48.423 (2) (d) of the statutes is amended to read:
AB337,17,3
148.423
(2) (d) That the person has complied with the requirements of the state
2where the
mother birth parent previously resided or was located to protect and
3preserve his
paternal or her parental interests in matters affecting the child.
AB337,39
4Section
39. 48.432 (1) (am) 2. b. of the statutes is amended to read:
AB337,17,75
48.432
(1) (am) 2. b. If there is no adjudicated father, the
husband spouse of the
6mother at the time the individual or adoptee is conceived or born, or when the parents
7intermarry under s. 767.803.
AB337,40
8Section 40
. 48.63 (3) (b) 4. of the statutes is amended to read:
AB337,17,179
48.63
(3) (b) 4. Before a child may be placed under subd. 1., the department,
10county department, or child welfare agency making the placement and the proposed
11adoptive parent or parents shall enter into a written agreement that specifies who
12is financially responsible for the cost of providing care for the child prior to the
13finalization of the adoption and for the cost of returning the child to the parent who
14has custody of the child if the adoption is not finalized. Under the agreement, the
15department, county department, or child welfare agency or the proposed adoptive
16parent or parents, but not
the any birth parent
of the child or any, alleged or
17presumed
father parent of the child, shall be financially responsible for those costs.
AB337,41
18Section 41
. 48.63 (3) (b) 5. of the statutes is amended to read:
AB337,17,2419
48.63
(3) (b) 5. Prior to termination of parental rights to the child, no person
20may coerce a birth parent
of the child or any, alleged or presumed
father parent of
21the child into refraining from exercising his or her right to withdraw consent to the
22transfer or surrender of the child or to termination of his or her parental rights to the
23child, to have reasonable visitation or contact with the child, or to otherwise exercise
24his or her parental rights to the child.
AB337,42
25Section
42. 48.82 (1) (a) of the statutes is amended to read:
AB337,18,2
148.82
(1) (a)
A husband and wife Spouses jointly, or
either the husband or wife
2if the
other spouse
is
of a parent of the minor.
AB337,43
3Section 43
. 48.837 (1r) (d) of the statutes is amended to read:
AB337,18,124
48.837
(1r) (d) Before a child may be placed under par. (a), the department,
5county department, or child welfare agency making the placement and the proposed
6adoptive parent or parents shall enter into a written agreement that specifies who
7is financially responsible for the cost of providing care for the child prior to the
8finalization of the adoption and for the cost of returning the child to the parent who
9has custody of the child if the adoption is not finalized. Under the agreement, the
10department, county department, or child welfare agency or the proposed adoptive
11parent or parents, but not
the any birth parent
of the child or any, alleged or
12presumed
father parent of the child, shall be financially responsible for those costs.
AB337,44
13Section 44
. 48.837 (1r) (e) of the statutes is amended to read:
AB337,18,1914
48.837
(1r) (e) Prior to termination of parental rights to the child, no person
15may coerce a birth parent
of the child or any, alleged or presumed
father parent of
16the child into refraining from exercising his or her right to withdraw consent to the
17transfer or surrender of the child or to termination of his or her parental rights to the
18child, to have reasonable visitation or contact with the child, or to otherwise exercise
19his or her parental rights to the child.
AB337,45
20Section 45
. 48.837 (6) (b) of the statutes is amended to read:
AB337,19,921
48.837
(6) (b) At the beginning of the hearing held under sub. (2), the court shall
22review the report that is submitted under s. 48.913 (6). The court shall determine
23whether any payments or the conditions specified in any agreement to make
24payments are coercive to
the any birth parent
of the child or to an, alleged or
25presumed
father parent of the child or are impermissible under s. 48.913 (4). Making
1any payment to or on behalf of
the
a birth parent
of the child, an, alleged or presumed
2father parent of the child or the child conditional in any part upon transfer or
3surrender of the child or the termination of parental rights or the finalization of the
4adoption creates a rebuttable presumption of coercion. Upon a finding of coercion,
5the court shall dismiss the petitions under subs. (2) and (3) or amend the agreement
6to delete any coercive conditions, if the parties agree to the amendment. Upon a
7finding that payments
which that are impermissible under s. 48.913 (4) have been
8made, the court may dismiss the petition and may refer the matter to the district
9attorney for prosecution under s. 948.24 (1).
AB337,46
10Section 46
. 48.837 (6) (br) of the statutes is amended to read: