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48.025
(2) (a) A declaration under sub. (1) may be filed at any time before a
10termination of
the father's a person's parental rights under subch. VIII. This
11paragraph does not apply to a declaration that is filed on or after July 1, 2006.
SB464,21
12Section 21
. 48.025 (2) (b) of the statutes is amended to read:
SB464,13,1713
48.025
(2) (b) A declaration under sub. (1) may be filed at any time before the
14birth of the child or within 14 days after the birth of the child, except that a
man 15person who receives a notice under s. 48.42 (1g) (b) may file a declaration within 21
16days after the date on which the notice was mailed. This paragraph does not apply
17to a declaration filed before July 1, 2006.
SB464,22
18Section 22
. 48.025 (2) (c) of the statutes is amended to read:
SB464,14,219
48.025
(2) (c) The declaration shall be in writing, shall be signed and verified
20upon oath or affirmation by the person filing the declaration, and shall contain the
21person's name and address, the name and last-known address of the
mother parent
22who gave birth or expectant parent, the month and year of the birth or expected birth
23of the child, and a statement that the person filing the declaration has reason to
24believe that he
or she may be the
father parent of the child. If the person filing the
1declaration is under 18 years of age, the declaration shall also be signed by a parent
2or guardian of the person.
SB464,23
3Section 23
. 48.025 (2) (d) of the statutes is amended to read:
SB464,14,104
48.025
(2) (d) A person who has filed a declaration under sub. (1) may revoke
5the declaration at any time by filing with the department a statement, signed and
6verified upon oath or affirmation, that the person, to the best of
his the person's 7knowledge and belief, is not the
father parent of the child or that another person has
8been adjudicated as the
father parent of the child. If the person filing the revocation
9is under 18 years of age, the revocation shall also be signed by a parent or guardian
10of the person.
SB464,24
11Section 24
. 48.025 (3) (b) of the statutes is amended to read:
SB464,14,1812
48.025
(3) (b) A copy of a declaration filed with the department under sub. (1)
13shall be sent to the
mother at her last-known address
of the expectant parent or the
14person who gave birth. Nonreceipt of such copy shall not affect the validity of the
15declaration. The
mother expectant parent or the person who gave birth may send
16a written response to the declaration to the department, and the written response
17shall be filed with the declaration. Failure to send a written response shall not
18constitute an admission of the statements contained in the declaration.
SB464,25
19Section 25
. 48.025 (3) (c) of the statutes is amended to read:
SB464,15,820
48.025
(3) (c) A court in a proceeding under s. 48.13, 48.133, 48.14, or 938.13
21or under a substantially similar law of another state or a person authorized to file
22a petition under s. 48.25, 48.42, 48.837, or 938.25 or under a substantially similar
23law of another state may request the department to search its files to determine
24whether a person who may be the
father parent of the child who is the subject of the
25proceeding has filed a declaration under this section. If the department has on file
1a declaration of
paternal parental interest in matters affecting the child, the
2department shall issue to the requester a copy of the declaration. If the department
3does not have on file a declaration of
paternal
parental interest in matters affecting
4the child, the department shall issue to the requester a statement that no declaration
5could be located. The department may require a person who requests a search under
6this paragraph to pay a reasonable fee that is sufficient to defray the costs to the
7department of maintaining its file of declarations and publicizing information
8relating to declarations of
paternal parental interest under this section.
SB464,26
9Section 26
. 48.025 (5) (a) 1. of the statutes is amended to read:
SB464,15,1210
48.025
(5) (a) 1. That a person claiming to be the
father parent of a nonmarital
11child may affirmatively protect his
or her parental rights by filing a declaration of
12interest under this section.
SB464,27
13Section 27
. 48.19 (1) (cm) of the statutes is amended to read:
SB464,15,2414
48.19
(1) (cm) An order of the judge if made upon a showing satisfactory to the
15judge that the child is an expectant
mother parent, that due to the child expectant
16mother's parent's habitual lack of self-control in the use of alcohol beverages,
17controlled substances or controlled substance analogs, exhibited to a severe degree,
18there is a substantial risk that the physical health of the unborn child, and of the
19child when born, will be seriously affected or endangered unless the child expectant
20mother parent is taken into custody and that the child expectant
mother parent is
21refusing or has refused to accept any alcohol or other drug abuse services offered
to
22her or is not making or has not made a good faith effort to participate in any alcohol
23or other drug abuse services
offered to her. The order shall specify that the child
24expectant
mother parent be held in custody under s. 48.207 (1).
SB464,28
25Section 28
. 48.193 (1) (c) of the statutes is amended to read:
SB464,16,11
148.193
(1) (c) An order of the judge if made upon a showing satisfactory to the
2judge that due to the adult expectant
mother's
parent's habitual lack of self-control
3in the use of alcohol beverages, controlled substances or controlled substance
4analogs, exhibited to a severe degree, there is a substantial risk that the physical
5health of the unborn child, and of the child when born, will be seriously affected or
6endangered unless the adult expectant
mother
parent is taken into custody and that
7the adult expectant
mother parent is refusing or has refused to accept any alcohol
8or other drug abuse services offered
to her or is not making or has not made a good
9faith effort to participate in any alcohol or other drug abuse services
offered to her.
10The order shall specify that the adult expectant
mother parent be held in custody
11under s. 48.207 (1m).
SB464,29
12Section 29
. 48.20 (8) (b) of the statutes is amended to read:
SB464,16,2113
48.20
(8) (b) If the child is an expectant
mother parent who has been taken into
14custody under s. 48.19 (1) (cm) or (d) 8., the
unborn child's guardian ad litem shall
15receive the same notice about the whereabouts of the child expectant mother, about
16the reasons for holding the child expectant mother in custody, and about the
17detention hearing as the child expectant mother and her parent, guardian, legal
18custodian, or Indian custodian. The intake worker shall
notify provide the notice
19under par. (a) to the child expectant
mother
parent,
her the child expectant parent's 20parent, guardian, legal custodian, or Indian custodian, and the unborn child's
21guardian ad litem.
SB464,30
22Section 30
. 48.203 (4) of the statutes is amended to read:
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48.203
(4) If the adult expectant
mother parent is believed to be mentally ill,
24drug dependent or developmentally disabled, and exhibits conduct which constitutes
25a substantial probability of physical harm to
herself or others any person, or a
1substantial probability of physical impairment or injury to the adult expectant
2mother parent exists due to the impaired judgment of the adult expectant
mother 3parent, and the standards of s. 51.15 are met, the person taking the adult expectant
4mother parent into physical custody, the intake worker
, or other appropriate person
5shall proceed under s. 51.15.
SB464,31
6Section 31
. 48.203 (5) of the statutes is amended to read:
SB464,17,127
48.203
(5) If the adult expectant
mother parent is believed to be an intoxicated
8person who has threatened, attempted, or inflicted physical harm on
herself or on
9another any person and is likely to inflict such physical harm unless committed, or
10is incapacitated by alcohol or another drug, the person taking the adult expectant
11mother parent into physical custody, the intake worker, or other appropriate person
12shall proceed under s. 51.45 (11).
SB464,32
13Section 32
. 48.203 (6) (a) of the statutes is amended to read:
SB464,17,1614
48.203
(6) (a) When an adult expectant
mother parent is interviewed by an
15intake worker, the intake worker shall inform the adult expectant
mother parent of
16her the expectant parent's right to counsel.
SB464,33
17Section 33
. 48.205 (1) (d) of the statutes is amended to read:
SB464,18,218
48.205
(1) (d) Probable cause exists to believe that the child is an expectant
19mother parent, that if the child expectant
mother parent is not held, there is a
20substantial risk that the physical health of the unborn child, and of the child when
21born, will be seriously affected or endangered by the child expectant
mother's 22parent's habitual lack of self-control in the use of alcohol beverages, controlled
23substances or controlled substance analogs, exhibited to a severe degree, and that
24the child expectant
mother parent is refusing or has refused to accept any alcohol or
1other drug abuse services offered
to her or is not making or has not made a good faith
2effort to participate in any alcohol or other drug abuse services
offered to her.
SB464,34
3Section 34
. 48.205 (1m) of the statutes is amended to read:
SB464,18,144
48.205
(1m) An adult expectant
mother parent of an unborn child may be held
5under s. 48.207 (1m) if the intake worker determines that there is probable cause to
6believe that the adult expectant
mother parent is within the jurisdiction of the court,
7to believe that if the adult expectant
mother
parent is not held, there is a substantial
8risk that the physical health of the unborn child, and of the child when born, will be
9seriously affected or endangered by the adult expectant
mother's parent's habitual
10lack of self-control in the use of alcohol beverages, controlled substances or
11controlled substance analogs, exhibited to a severe degree, and to believe that the
12adult expectant
mother parent is refusing or has refused to accept any alcohol or
13other drug abuse services offered
to her or is not making or has not made a good faith
14effort to participate in any alcohol or other drug abuse services
offered to her.