SB464,14
4Section 14
. 46.10 (2) of the statutes is amended to read:
SB464,11,85
46.10
(2) Except as provided in subs. (2m) and (14) (b) and (c), any person,
6including but not limited to a person admitted, committed, protected, or placed under
7s. 975.01, 1977 stats., s. 975.02, 1977 stats., s. 975.17, 1977 stats., s. 55.05 (5), 2003
8stats., and s. 55.06, 2003 stats., and ss. 51.10, 51.13, 51.15, 51.20, 51.35 (3), 51.37 (5),
951.45 (10), (11), (12) and (13), 55.05, 55.055, 55.12, 55.13, 55.135, 971.14 (2) and (5),
10971.17 (1), 975.06 and 980.06, receiving care, maintenance, services
, and supplies
11provided by any institution in this state including University of Wisconsin Hospitals
12and Clinics, in which the state is chargeable with all or part of the person's care,
13maintenance, services
, and supplies, any person receiving care and services from a
14county department established under s. 51.42 or 51.437 or from a facility established
15under s. 49.73, and any person receiving treatment and services from a public or
16private agency under s. 980.06 (2) (c), 1997 stats., s. 980.08 (5), 2003 stats., or s.
17971.17 (3) (d) or (4) (e) or 980.08 (4) (g) and the person's property and estate, including
18the homestead, and the spouse of the person, and the spouse's property and estate,
19including the homestead, and, in the case of a minor child, the parents of the person,
20and their property and estates, including their homestead, and, in the case of a
21foreign child described in s. 48.839 (1) who became dependent on public funds for his
22or her primary support before an order granting his or her adoption, the resident of
23this state appointed guardian of the child by a foreign court who brought the child
24into this state for the purpose of adoption, and his or her property and estate,
25including his or her homestead, shall be liable for the cost of the care, maintenance,
1services
, and supplies in accordance with the fee schedule established by the
2department under s. 46.03 (18). If a spouse,
widow
surviving spouse, or minor, or an
3incapacitated person may be lawfully dependent upon the property for their support,
4the court shall release all or such part of the property and estate from the charges
5that may be necessary to provide for those persons. The department shall make
6every reasonable effort to notify the liable persons as soon as possible after the
7beginning of the maintenance, but the notice or the receipt thereof is not a condition
8of liability.
SB464,15
9Section 15
. 46.238 of the statutes is amended to read:
SB464,11,24
1046.238 Infants and
Infant or unborn children whose mothers abuse
11child of a person who has abused controlled substances, controlled
12substance analogs, or alcohol during pregnancy. If an agency, as defined in s.
1348.981 (1) (ag), receives a report under s. 146.0255 (2) or 146.0257 (2) and that agency
14is a county department under s. 46.22 or 46.23 or a licensed child welfare agency
15under contract with that county department, the agency shall offer to provide
16appropriate services and treatment to the infant and the
infant's mother person who
17gave birth to the infant or to the unborn child, as defined in s. 48.02 (19), and the
18expectant mother of person pregnant with the unborn child or the agency shall make
19arrangements for the provision of appropriate services and treatment. If an agency
20receives a report under s. 146.0255 (2) or 146.0257 (2) and that agency is the
21department or a licensed child welfare agency under contract with the department,
22the agency shall refer the report to the county department under s. 51.42 or 51.437
23and that county department shall offer to provide, or make arrangements for the
24provision of, those services and that treatment.
SB464,16
25Section 16
. 48.02 (5k) of the statutes is created to read:
SB464,12,1
148.02
(5k) “Expectant parent” means a person who is pregnant.
SB464,17
2Section
17. 48.02 (13) of the statutes is amended to read:
SB464,12,223
48.02
(13) “Parent" means a
biological natural parent, a
husband
spouse who
4has consented to the artificial insemination of his
wife or her spouse under s. 891.40,
5or a parent by adoption. If the child is a nonmarital child who is not adopted or whose
6parents do not subsequently intermarry under s. 767.803, “parent" includes a person
7conclusively determined from genetic test results to be the
father parent under s.
8767.804
or, a person acknowledged under s. 767.805 or a substantially similar law
9of another state
to be a natural parent, or
a person adjudicated to be
the biological
10father a natural parent. “Parent" does not include any person whose parental rights
11have been terminated. For purposes of the application of s. 48.028 and the federal
12Indian Child Welfare Act,
25 USC 1901 to
1963, “parent" means a
biological natural 13parent
of an Indian child, an Indian
husband spouse who has consented to the
14artificial insemination of his
wife or her spouse under s. 891.40, or an Indian person
15who has lawfully adopted an Indian child, including an adoption under tribal law or
16custom, and includes, in the case of a nonmarital
Indian child who is not adopted or
17whose parents do not subsequently intermarry under s. 767.803, a person
18conclusively determined from genetic test results to be the
father parent under s.
19767.804, a person acknowledged under s. 767.805, a substantially similar law of
20another state, or tribal law or custom to be the
biological father natural parent, or
21a person adjudicated to be the
biological father
natural parent, but does not include
22any person whose parental rights have been terminated.
SB464,18
23Section 18
. 48.025 (title) of the statutes is amended to read:
SB464,12,25
2448.025 (title)
Declaration of paternal parental interest in matters
25affecting children.
SB464,19
1Section
19. 48.025 (1) of the statutes is amended to read:
SB464,13,72
48.025
(1) Any person claiming to be the
father parent of a nonmarital child
3who is not adopted or whose parents do not subsequently intermarry under s.
4767.803 and whose
paternity parentage has not been established may, in accordance
5with procedures under this section, file with the department a declaration of
his 6parental interest in matters affecting the child. The department may not charge a
7fee for filing a declaration under this section.
SB464,20
8Section 20
. 48.025 (2) (a) of the statutes is amended to read:
SB464,13,119
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: