SB566,18,124
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.
SB566,44
13Section 44
. 48.837 (1r) (e) of the statutes is amended to read:
SB566,18,1914
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.
SB566,45
20Section 45
. 48.837 (6) (b) of the statutes is amended to read:
SB566,19,921
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).
SB566,46
10Section 46
. 48.837 (6) (br) of the statutes is amended to read:
SB566,19,1411
48.837
(6) (br) At the hearing on the petition under sub. (2), the court shall
12determine whether any person has coerced a birth parent
or any, alleged or presumed
13father parent of the child in violation of sub. (1r) (e). Upon a finding of coercion, the
14court shall dismiss the petitions under subs. (2) and (3).
SB566,47
15Section 47
. 48.913 (1) (a) of the statutes is amended to read:
SB566,19,1716
48.913
(1) (a) Preadoptive counseling for a birth parent
of the child or an, 17alleged or presumed
father parent of the child.
SB566,48
18Section 48
. 48.913 (1) (b) of the statutes is amended to read:
SB566,19,2019
48.913
(1) (b) Post-adoptive counseling for a birth parent
of the child or an, 20alleged or presumed
father parent of the child.
SB566,49
21Section 49
. 48.913 (1) (h) of the statutes is amended to read:
SB566,19,2422
48.913
(1) (h) Legal and other services received by a birth parent
of the child,
23an, alleged or presumed
father
parent of the child or the child in connection with the
24adoption.
SB566,50
25Section 50
. 48.913 (2) (intro.) of the statutes is amended to read:
SB566,20,7
148.913
(2) Payment of expenses when birth parent is residing in another
2state. (intro.) Notwithstanding sub. (1), the proposed adoptive parents of a child or
3a person acting on behalf of the proposed adoptive parents of a child may pay for an
4expense of a birth parent
of the child or an, alleged or presumed
father parent of the
5child if the birth parent
or the, alleged or presumed
father parent was residing in
6another state when the payment was made and when the expense was incurred and
7if all of the following apply:
SB566,51
8Section 51
. 48.913 (2) (b) of the statutes is amended to read:
SB566,20,119
48.913
(2) (b) The state in which the birth parent
or the, alleged or presumed
10father parent was residing when the payment was made permits the payment of that
11expense by the proposed adoptive parents of the child.
SB566,52
12Section 52
. 48.913 (2) (c) (intro.) of the statutes is amended to read:
SB566,20,2013
48.913
(2) (c) (intro.) A listing of all payments made under this subsection, a
14copy of the statutory provisions of the state in which the birth parent
or the, alleged
15or presumed
father parent was residing when the payments were made that permit
16those payments to be made by the proposed adoptive parents of the child
, and a copy
17of all orders entered in the state in which the birth parent
or the, alleged or presumed
18father parent was residing when the payments were made that relate to the payment
19of expenses of the birth parent
or the, alleged or presumed
father parent by the
20proposed adoptive parents of the child is submitted to the court as follows:
SB566,53
21Section 53
. 48.913 (3) of the statutes is amended to read:
SB566,21,322
48.913
(3) Method of payment. Any payment under sub. (1) or (2) shall be made
23directly to the provider of a good or service except that a payment under sub. (1) or
24(2) may be made to a birth parent
of the child or to an, alleged or presumed
father 25parent of the child as reimbursement of an amount previously paid by the birth
1parent
or by the, alleged or presumed
father parent if documentation is provided
2showing that the birth parent
or, alleged or presumed
father parent has made the
3previous payment.
SB566,54
4Section 54
. 48.913 (4) of the statutes is amended to read:
SB566,21,85
48.913
(4) Other payments prohibited. The proposed adoptive parents of a
6child or a person acting on behalf of the proposed adoptive parents may not make any
7payments to or on behalf of a birth parent
of the child, an, alleged or presumed
father 8parent of the child or the child except as provided in subs. (1) and (2).
SB566,55
9Section 55
. 48.913 (7) of the statutes is amended to read:
SB566,21,2410
48.913
(7) Report to the court; contents required. The report required under
11sub. (6) shall include a list of all transfers of anything of value made or agreed to be
12made by the proposed adoptive parents or by a person acting on their behalf to a birth
13parent
of the child, an, alleged or presumed
father parent of the child or the child,
14on behalf of a birth parent
of the child, an, alleged or presumed
father parent of the
15child or the child, or to any other person in connection with the pregnancy, the birth
16of the child, the placement of the child with the proposed adoptive parents
, or the
17adoption of the child by the proposed adoptive parents. The report shall be itemized
18and shall show the goods or services for which payment was made or agreed to be
19made. The report shall include the dates of each payment, the names and addresses
20of each attorney, doctor, hospital, agency
, or other person or organization receiving
21any payment from the proposed adoptive parents or a person acting on behalf of the
22proposed adoptive parents in connection with the pregnancy, the birth of the child,
23the placement of the child with the proposed adoptive parents
, or the adoption of the
24child by the proposed adoptive parents.
SB566,56
25Section 56
. 49.141 (1) (j) 1. of the statutes is amended to read:
SB566,22,1
149.141
(1) (j) 1. A
biological natural parent.
SB566,57
2Section 57
. 49.141 (1) (j) 2. of the statutes is repealed.
SB566,58
3Section 58
. 49.155 (1m) (c) 1g. of the statutes is amended to read: