AB476: Bill Text

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB476, s. 1 Section 1. 46.03 (7) (bm) of the statutes is amended to read:

AB476,4,14 46.03 (7) (bm) Maintain a file containing records of artificial inseminations under s. 891.40 and records of, declarations of paternal interest under s. 48.025, and of statements acknowledging paternity under s. 69.15 (3) (b). The department shall may release these those records, declarations, and statements only upon an order of the court except that the department may use nonidentifying information concerning artificial inseminations for the purpose of compiling statistics and except that records relating to, declarations of paternal interest shall be released as provided in s. 48.025 (3) (b) and (c), and statements acknowledging paternity shall be released without a court order to the department of workforce development or a county child support agency under s. 59.53 (5) without a court order upon the request of the that department of workforce development or a or county child support agency under s. 59.53 (5) pursuant to the program responsibilities under s. 49.22 or by to any other person with a direct and tangible interest in the record statement.

AB476, s. 2 Section 2. 48.025 (1) of the statutes is amended to read:

AB476,4,21 48.025 (1) Any person claiming to be the father of a nonmarital child who is not adopted or whose parents do not subsequently intermarry under s. 767.60 and whose paternity has not been established may, in accordance with procedures under this section, file with the department a declaration of his interest in matters affecting such the child. The department may not charge a fee for filing a declaration under this section.

AB476, s. 3 Section 3. 48.025 (2) of the statutes is renumbered 48.025 (2) (a) and amended to read:

AB476,5,6 48.025 (2) (a) The A declaration provided in under sub. (1) may be filed at any time except after before a termination of the father's parental rights under subch. VIII. This paragraph does not apply to a declaration that is filed on or after the effective date of this paragraph .... [revisor inserts date].

AB476,5,13 (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, the month and year of the birth or expected birth of the child, and a statement that he the person filing the declaration has reason to believe that he may be the father 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.

AB476, s. 4 Section 4. 48.025 (2) (b) of the statutes is created to read:

AB476,5,18 48.025 (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. This paragraph does not apply to a declaration filed before the effective date of this paragraph .... [revisor inserts date].

AB476, s. 5 Section 5. 48.025 (2) (d) of the statutes is created to read:

AB476,5,25 48.025 (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 knowledge and belief, is not the father of the child or that another person has been adjudicated as the father 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.

AB476, s. 6 Section 6. 48.025 (3) of the statutes is renumbered 48.025 (3) (b).

AB476, s. 7 Section 7. 48.025 (3) (a) of the statutes is created to read:

AB476,6,6 48.025 (3) (a) The department shall keep confidential and may not open to public inspection or disclose the contents of any declaration, revocation of a declaration, or response to a declaration filed under this section, except as provided under pars. (b) and (c) or by order of the court for good cause shown.

AB476, s. 8 Section 8. 48.025 (3) (c) of the statutes is created to read:

AB476,6,20 48.025 (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. 48.42, 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 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 interest in matters affecting the child, the department shall issue to the requester a certified copy of the declaration. If the department does not have on file a declaration of paternal interest in matters affecting the child, the department shall issue to the requester a certified 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 under this section.

AB476, s. 9 Section 9. 48.025 (3) (d) of the statutes is created to read:

AB476,7,2 48.025 (3) (d) Any person who obtains any information under this subsection may use or disclose that information only for the purposes of a proceeding under s. 48.13, 48.133, 48.14, or 938.13 or under a substantially similar law of another state and may not use or disclose that information for any other purpose except by order of the court for good cause shown.

AB476, s. 10 Section 10. 48.025 (5) of the statutes is created to read:

AB476,7,6 48.025 (5) The department shall publicize, in a manner calculated to provide maximum notice to all persons who might claim to be the father of a nonmarital child, all of the following information:

AB476,7,8 (a) That a person claiming to be the father of a nonmarital child may file a declaration of interest under this section.

AB476,7,9 (b) The procedures for filing a declaration of interest.

AB476,7,10 (c) The consequences of filing a declaration of interest.

AB476,7,11 (d) The consequences of not filing a declaration of interest.

AB476, s. 11 Section 11. 48.025 (6) of the statutes is created to read:

AB476,7,16 48.025 (6) (a) Any person who makes a false statement in a declaration, revocation of a declaration, or response to a declaration filed under this section that the person does not believe is true is subject to prosecution for false swearing under s. 946.32 (2).

AB476,7,19 (b) Except as permitted under sub. (3), any person who intentionally obtains, uses, or discloses information that is confidential under this section may be fined $1,000 or imprisoned for 90 days or both.

AB476, s. 12 Section 12. 48.27 (3) (b) 1. a. of the statutes is amended to read:

AB476,7,22 48.27 (3) (b) 1. a. A person who has filed a declaration of paternal interest under s. 48.025.

AB476, s. 13 Section 13. 48.27 (5) of the statutes is amended to read:

AB476,8,4 48.27 (5) Subject to sub. (3) (b), the court shall make every reasonable effort to identify and notify any person who has filed a declaration of paternal interest under s. 48.025, any person who has acknowledged paternity of the child under s. 767.62 (1), and any person who has been adjudged to be the biological father of the child in a judicial proceeding unless the biological father's person's parental rights have been terminated.

AB476, s. 14 Section 14. 48.42 (2) (b) 1. of the statutes is amended to read:

AB476,8,8 48.42 (2) (b) 1. A person who has filed a an unrevoked declaration of paternal interest under s. 48.025 before the birth of the child or within 14 days after the birth of the child.

AB476, s. 15 Section 15. 48.42 (2) (b) 2. of the statutes is repealed.

AB476, s. 16 Section 16. 48.42 (2) (b) 3. of the statutes is amended to read:

AB476,8,14 48.42 (2) (b) 3. A person who has lived in a familial relationship is openly living with the child and who may be is holding himself out to be the father of the child at the time that the petition is filed or at the time that the child was removed from the home.

AB476, s. 17 Section 17. 48.42 (2) (b) 4. of the statutes is created to read:

AB476,8,22 48.42 (2) (b) 4. A person who has established a substantial parental relationship, as defined in s. 48.415 (6) (b), with the child. In the case of a child who is 6 months of age or older on the date on which the petition is filed, a person who openly lived with the child and held himself out to be the father of the child for a period of 6 months within the one-year period immediately preceding the date on which the petition is filed or the date on which the child was removed from the home is presumed to have a substantial parental relationship with the child.

AB476, s. 18 Section 18. 48.42 (2m) of the statutes is renumbered 48.42 (2m) (a) and amended to read:

AB476,9,14 48.42 (2m) (a) Parent as a result of sexual assault. Except as provided in this subsection paragraph, notice is not required to be given to a person who may be the father of a child conceived as a result of a sexual assault in violation of s. 940.225 (1), (2) or (3), 948.02 (1) or (2), or 948.025 if a physician attests to his or her belief that a sexual assault as specified in this subsection paragraph has occurred or if the person who may be the father of the child has been convicted of sexual assault as specified in this subsection paragraph for conduct which may have led to the child's conception. A person who under this subsection paragraph is not given notice does not have standing to appear and contest a petition for the termination of his parental rights, present evidence relevant to the issue of disposition, or make alternative dispositional recommendations. This subsection paragraph does not apply to a person who may be the father of a child conceived as a result of a sexual assault in violation of s. 948.02 (1) or (2) if that person was under 18 years of age at the time of the sexual assault.

AB476, s. 19 Section 19. 48.42 (2m) (b) of the statutes is created to read:

AB476,9,24 48.42 (2m) (b) Parent of nonmarital child. A person who may be the father of a nonmarital child who is not adopted or whose parents do not subsequently intermarry under s. 767.60 and whose paternity has not been established, by virtue of the fact that he has engaged in sexual intercourse with the mother of the child, is considered to be on notice that a pregnancy and a termination of parental rights proceeding concerning the child may occur, and has the duty to protect his own rights and interests. He is therefore entitled to actual notice of such a proceeding only as provided in sub. (2) (b). Except as provided in s. 48.423 (2), a person who is not entitled to notice under sub. (2) (b) does not have standing to appear and contest a petition for the termination of his parental rights, present evidence relevant to the issue of disposition, or make alternative dispositional recommendations.

AB476, s. 20 Section 20. 48.422 (6) (a) of the statutes is amended to read:

AB476,10,14 48.422 (6) (a) If the child is In the case of a nonmarital child who is not adopted or whose parents do not subsequently intermarry under s. 767.60 and paternity has not been established, the petitioner, prior to the hearing, shall file with the court a certified copy of any declaration of paternal interest filed under s. 48.025 with respect to the child or a certified statement of the department, dated no earlier than 15 days after the date of birth of the child, that the department has searched its files under s. 48.025 and no declaration with respect to the child could be located. At the hearing, the court shall hear testimony concerning the paternity of the child. Based on the testimony, the court shall determine whether all interested parties who are known have been notified under s. 48.42 (2). If not, the court shall adjourn the hearing and order appropriate notice to be given.

AB476, s. 21 Section 21. 48.423 of the statutes is renumbered 48.423 (1) and amended to read:

AB476,11,2 48.423 (1) Right to paternity determination. If a man who alleges that he is the father of the child person appears at the hearing and wishes to contest the termination of his parental rights claims that he is the father of the child, the court shall set a date for a hearing on the issue of paternity or, if all parties agree, the court may immediately commence hearing testimony concerning the issue of paternity. The court shall inform the man person claiming to be the father of the child of any right to counsel under s. 48.23. The man person claiming to be the father of the child must prove paternity by clear and convincing evidence. A person who establishes his paternity of the child under this subsection may further participate in the termination of parental rights proceeding only if the person meets the conditions specified in sub. (2) or meets a condition specified in s. 48.42 (2) (b) 1., 3., or 4.

AB476, s. 22 Section 22. 48.423 (2) of the statutes is created to read:

AB476,11,10 48.423 (2) Rights of out-of-state fathers. A person who may be the father of a nonmarital child who is not adopted or whose parents do not subsequently intermarry under s. 767.60 and whose paternity has not been established may contest the petition, present evidence relevant to the issue of disposition, and make alternative dispositional recommendations if the person appears at the hearing, establishes paternity under sub. (1), and proves all of the following by a preponderance of the evidence:

AB476,11,12 (a) That the person resides and has resided in another state where the mother of the child resided or was located at the time of or after the conception of the child.

AB476,11,14 (b) That the mother left that state without notifying or informing that person that she could be located in this state.

AB476,11,17 (c) That the person attempted to locate the mother through every reasonable means, but did not know or have reason to know that the mother was residing or located in this state.

AB476,11,20 (d) That the person has complied with the requirements of the state where the mother previously resided or was located to protect and preserve his paternal interests in matters affecting the child.

AB476, s. 23 Section 23. 48.43 (6) of the statutes is amended to read:

AB476,12,2 48.43 (6) Judgments under this subchapter terminating parental rights are final and, are appealable under s. 808.03 (1) according to the procedure specified in s. 809.107, and are subject to a petition for rehearing or a motion for relief only as provided in s. 48.46 (1m) and (2). In no event may any person, for any reason, collaterally attack a judgment terminating parental rights more than one year after the date on which the judgment was entered.

AB476, s. 24 Section 24. 48.837 (4) (e) of the statutes is amended to read:

AB476,12,15 48.837 (4) (e) Shall, before hearing the petitions under subs. (2) and (3), ascertain whether the child's paternity of a nonmarital child who is not adopted or whose parents do not subsequently intermarry under s. 767.60 has been acknowledged under s. 767.62 (1) or a substantially similar law of another state or adjudicated in this state or another jurisdiction. If any person has filed a declaration of paternal interest under s. 48.025, the court shall determine the rights of that person. If the child's paternity has not been acknowledged or adjudicated and if no person has filed a declaration under s. 48.025, the court shall attempt to ascertain the paternity of the child and shall determine the rights of any person who may be the father of the child as provided under s. 48.423 (1). The court may not proceed with the hearing on the petitions under this section unless the parental rights of the nonpetitioning parent, whether known or unknown, have been terminated.

AB476, s. 25 Section 25. 48.91 (2) of the statutes is amended to read:

AB476,13,4 48.91 (2) In an adoption proceeding for a nonmarital child who is not adopted or whose parents do not subsequently intermarry under s. 767.60, the court shall establish whether the rights of any persons who have filed declarations of paternal interest under s. 48.025 have been determined or whether the child's paternity has been acknowledged under s. 767.62 (1) or a substantially similar law of another state or adjudicated in this state or in another jurisdiction. If the court finds that no such determination has been made child's paternity has not been acknowledged or adjudicated, the court shall proceed, prior to any action on the petition for adoption, to attempt to ascertain the paternity of the child and the rights of any person who has filed a declaration under s. 48.025 shall determine the rights of any person who may be the father of the child as provided under s. 48.423 (1). The court may not proceed with the hearing on the petition for adoption unless the parental rights of the nonpetitioning parent, whether known or unknown, have been terminated.

AB476, s. 26 Section 26. 938.27 (3) (b) 1. a. of the statutes is amended to read:

AB476,13,7 938.27 (3) (b) 1. a. A person who has filed a declaration of paternal interest under s. 48.025.

AB476, s. 27 Section 27. 938.27 (5) of the statutes is amended to read:

AB476,13,14 938.27 (5) Subject to sub. (3) (b), the court shall make every reasonable effort to identify and notify any person who has filed a declaration of paternal interest under s. 48.025, any person who has acknowledged paternity of the child under s. 767.62 (1), and any person who has been adjudged to be the biological father of the juvenile in a judicial proceeding unless the biological father's person's parental rights have been terminated.

AB476, s. 28 Section 28. Initial applicability.

AB476,13,21 (1) Notice of and participation in termination of parental rights proceedings. The treatment of sections 48.42 (2) (b) 1., 2., 3., and 4., 48.422 (6) (a), 48.837 (4) (e), and 48.91 (2) of the statutes, the renumbering and amendment of sections 48.42 (2m) and 48.423 of the statutes, and the creation of sections 48.42 (2m) (b) and 48.423 (2) of the statutes first apply to a termination of parental rights petition filed on the effective date of this subsection.

AB476, s. 29 Section 29. Effective date.

AB476,13,24 (1) This act takes effect on the first day of the 3rd month beginning after publication.

AB476,13,25 (End)