AB622: Bill Text

LRB-4040/3

PJK:skg:mkd

1995 - 1996 LEGISLATURE

1995 Assembly BILL 622

October 12, 1995 - Introduced by Representatives Black, Underheim, Ward, Ryba, Boyle, Williams, Plache and Notestein, cosponsored by Senator Risser. Referred to Committee on Judiciary.

AB622,1,3 An Act to create 767.24 (7m) and 767.51 (3r) of the statutes; relating to: requiring a parent to provide medical and genetic information in certain actions affecting the family.

Analysis by the Legislative Reference Bureau

This bill requires a court to order a parent who is not granted legal custody of a child in an annulment, legal separation, divorce or paternity action to provide to the court medical and genetic information about the parent providing the information, as well as a report of any medical examination that the parent has had within the past year. The parent providing the information must also provide medical and genetic information about his or her parents and siblings, and about any siblings of the child unless the parent or other person with legal custody of the child also has legal custody of the sibling. If the court grants joint legal custody of a child, each parent must provide the medical and genetic information to the court. Upon request by the other parent, or other person who has legal custody of the child, the court must release the medical and genetic information to a physician designated by the parent or other person making the request. The physician may release to that parent or other person any of the information that is relevant to the child's medical condition.

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

AB622, s. 1 Section 1. 767.24 (7m) of the statutes is created to read:

AB622,2,3 767.24 (7m) Medical and genetic information. (a) In making an order of legal custody, the court shall require a parent who is not granted legal custody of a child to provide medical and genetic information to the court. If the court orders joint legal custody, the court shall require each parent to provide medical and genetic information to the court. The information provided shall include all of the following:

AB622,2,10 1. The medical and genetic history of the parent providing the information, including specific information about stillbirths or congenital anomalies in the parent's family, and medical and genetic information about the parents and siblings of the parent and any sibling of the child who is a child of the parent, except that medical and genetic information need not be provided for a sibling of the child if the parent or other person who is granted legal custody of the child also has legal custody, including joint legal custody, of that sibling.

AB622,2,12 2. A report of any medical examination that the parent providing the information had within one year before the date of the order.

AB622,2,18 (b) Upon request by a parent or other person with legal custody of the child, the court shall release the information provided under par. (a) to a physician designated by the parent or other person making the request. The physician shall keep the information confidential, but may release to the parent or other person who made the request any portion of the information that the physician determines may be relevant to the child's medical condition.

AB622, s. 2 Section 2. 767.51 (3r) of the statutes is created to read:

AB622,2,24 767.51 (3r) (a) In making an order of legal custody under sub. (3), the court shall require a parent who is not granted legal custody to provide medical and genetic information to the court. If the court orders joint legal custody, the court shall require each parent to provide medical and genetic information to the court. The information provided shall include all of the following:

AB622,3,7 1. The medical and genetic history of the parent providing the information, including specific information about stillbirths or congenital anomalies in the parent's family, and medical and genetic information about the parents and siblings of the parent and any sibling of the child who is a child of the parent, except that medical and genetic information need not be provided for a sibling of the child if the parent or other person who is granted legal custody of the child also has legal custody, including joint legal custody, of that sibling.

AB622,3,9 2. A report of any medical examination that the parent providing the information had within one year before the date of the judgment or order.

AB622,3,15 (b) Upon request by a parent or other person with legal custody of the child, the court shall release the information provided under par. (a) to a physician designated by the parent or other person making the request. The physician shall keep the information confidential, but may release to the parent or other person who made the request any portion of the information that the physician determines may be relevant to the child's medical condition.

AB622,3,16 (End)