SB907,,343446.238 Infants and Infant or unborn children whose mothers abuse child of a person who has abused controlled substances, controlled substance analogs, or alcohol during pregnancy. If an agency, as defined in s. 48.981 (1) (ag), receives a report under s. 146.0255 (2) or 146.0257 (2) and that agency is a county department under s. 46.22 or 46.23 or a licensed child welfare agency under contract with that county department, the agency shall offer to provide appropriate services and treatment to the infant and the infant’s mother person who gave birth to the infant or to the unborn child, as defined in s. 48.02 (19), and the expectant mother of person pregnant with the unborn child or the agency shall make arrangements for the provision of appropriate services and treatment. If an agency receives a report under s. 146.0255 (2) or 146.0257 (2) and that agency is the department or a licensed child welfare agency under contract with the department, the agency shall refer the report to the county department under s. 51.42 or 51.437 and that county department shall offer to provide, or make arrangements for the provision of, those services and that treatment.

SB907,,363648.02 (5k) “Expectant parent” means a person who is pregnant.

SB907,,383848.02 (13) “Parent” means a biological natural parent, a husband spouse who has consented to the artificial insemination of his wife or her spouse under s. 891.40, or a parent by adoption. If the child is a nonmarital child who is not adopted or whose parents do not subsequently intermarry under s. 767.803, “parent” includes a person conclusively determined from genetic test results to be the father parent under s. 767.804 or, a person acknowledged under s. 767.805 or a substantially similar law of another state to be a natural parent, or a person adjudicated to be the biological father a natural parent. “Parent” does not include any person whose parental rights have been terminated. For purposes of the application of s. 48.028 and the federal Indian Child Welfare Act, 25 USC 1901 to 1963, “parent” means a biological natural parent of an Indian child, an Indian husband spouse who has consented to the artificial insemination of his wife or her spouse under s. 891.40, or an Indian person who has lawfully adopted an Indian child, including an adoption under tribal law or custom, and includes, in the case of a nonmarital Indian child who is not adopted or whose parents do not subsequently intermarry under s. 767.803, a person conclusively determined from genetic test results to be the father parent under s. 767.804, a person acknowledged under s. 767.805, a substantially similar law of another state, or tribal law or custom to be the biological father natural parent, or a person adjudicated to be the biological father natural parent, but does not include any person whose parental rights have been terminated.

SB907,,404048.025 (title) Declaration of paternal parental interest in matters affecting children.

SB907,,424248.025 (1) Any person claiming to be the father parent of a nonmarital child who is not adopted or whose parents do not subsequently intermarry under s. 767.803 and whose paternity parentage has not been established may, in accordance with procedures under this section, file with the department a declaration of his parental interest in matters affecting the child. The department may not charge a fee for filing a declaration under this section.

SB907,,444448.025 (2) (a) A declaration under sub. (1) may be filed at any time before a termination of the father’s a person’s parental rights under subch. VIII. This paragraph does not apply to a declaration that is filed on or after July 1, 2006.

SB907,,464648.025 (2) (b) A declaration under sub. (1) may be filed at any time before the birth of the child or within 14 days after the birth of the child, except that a man person who receives a notice under s. 48.42 (1g) (b) may file a declaration within 21 days after the date on which the notice was mailed. This paragraph does not apply to a declaration filed before July 1, 2006.

SB907,,484848.025 (2) (c) The declaration shall be in writing, shall be signed and verified upon oath or affirmation by the person filing the declaration, and shall contain the person’s name and address, the name and last-known address of the mother parent who gave birth or expectant parent, the month and year of the birth or expected birth of the child, and a statement that the person filing the declaration has reason to believe that he or she may be the father parent of the child. If the person filing the declaration is under 18 years of age, the declaration shall also be signed by a parent or guardian of the person.

SB907,,505048.025 (2) (d) A person who has filed a declaration under sub. (1) may revoke the declaration at any time by filing with the department a statement, signed and verified upon oath or affirmation, that the person, to the best of his the person’s knowledge and belief, is not the father parent of the child or that another person has been adjudicated as the father parent of the child. If the person filing the revocation is under 18 years of age, the revocation shall also be signed by a parent or guardian of the person.

SB907,,525248.025 (3) (b) A copy of a declaration filed with the department under sub. (1) shall be sent to the mother at her last-known address of the expectant parent or the person who gave birth. Nonreceipt of such copy shall not affect the validity of the declaration. The mother expectant parent or the person who gave birth may send a written response to the declaration to the department, and the written response shall be filed with the declaration. Failure to send a written response shall not constitute an admission of the statements contained in the declaration.

SB907,,545448.025 (3) (c) A court in a proceeding under s. 48.13, 48.133, 48.14, or 938.13 or under a substantially similar law of another state or a person authorized to file a petition under s. 48.25, 48.42, 48.837, or 938.25 or under a substantially similar law of another state may request the department to search its files to determine whether a person who may be the father parent of the child who is the subject of the proceeding has filed a declaration under this section. If the department has on file a declaration of paternal parental interest in matters affecting the child, the department shall issue to the requester a copy of the declaration. If the department does not have on file a declaration of paternal parental interest in matters affecting the child, the department shall issue to the requester a statement that no declaration could be located. The department may require a person who requests a search under this paragraph to pay a reasonable fee that is sufficient to defray the costs to the department of maintaining its file of declarations and publicizing information relating to declarations of paternal parental interest under this section.

SB907,,565648.025 (5) (a) 1. That a person claiming to be the father parent of a nonmarital child may affirmatively protect his or her parental rights by filing a declaration of interest under this section.

SB907,,585848.19 (1) (cm) An order of the judge if made upon a showing satisfactory to the judge that the child is an expectant mother parent, that due to the child expectant mother’s parent’s habitual lack of self-control in the use of alcohol beverages, controlled substances or controlled substance analogs, exhibited to a severe degree, there is a substantial risk that the physical health of the unborn child, and of the child when born, will be seriously affected or endangered unless the child expectant mother parent is taken into custody and that the child expectant mother parent is refusing or has refused to accept any alcohol or other drug abuse services offered to her or is not making or has not made a good faith effort to participate in any alcohol or other drug abuse services offered to her. The order shall specify that the child expectant mother parent be held in custody under s. 48.207 (1).

SB907,,606048.193 (1) (c) An order of the judge if made upon a showing satisfactory to the judge that due to the adult expectant mother’s parent’s habitual lack of self-control in the use of alcohol beverages, controlled substances or controlled substance analogs, exhibited to a severe degree, there is a substantial risk that the physical health of the unborn child, and of the child when born, will be seriously affected or endangered unless the adult expectant mother parent is taken into custody and that the adult expectant mother parent is refusing or has refused to accept any alcohol or other drug abuse services offered to her or is not making or has not made a good faith effort to participate in any alcohol or other drug abuse services offered to her. The order shall specify that the adult expectant mother parent be held in custody under s. 48.207 (1m).

SB907,,626248.20 (8) (b) If the child is an expectant mother parent who has been taken into custody under s. 48.19 (1) (cm) or (d) 8., the unborn child’s guardian ad litem shall receive the same notice about the whereabouts of the child expectant mother, about the reasons for holding the child expectant mother in custody, and about the detention hearing as the child expectant mother and her parent, guardian, legal custodian, or Indian custodian. The intake worker shall notify provide the notice under par. (a) to the child expectant mother parent, her the child expectant parent’s parent, guardian, legal custodian, or Indian custodian, and the unborn child’s guardian ad litem.