LRB-2436/1
EHS:cjs&ae
2015 - 2016 LEGISLATURE
February 8, 2016 - Introduced by Representatives Danou, Jorgensen, Kessler,
Zepnick, Sinicki, Ohnstad and A. Ott, cosponsored by Senator Vinehout.
Referred to Committee on Family Law.
AB877,1,5
1An Act to renumber and amend 48.27 (5) and 938.27 (5);
to amend 48.27 (3)
2(b) 2. and 938.27 (3) (b) 2.; and
to create 48.27 (3) (b) 1. c., 48.27 (5) (d), 48.27
3(5) (e), 938.27 (3) (b) 1. c., 938.27 (5) (d) and 938.27 (5) (e) of the statutes;
4relating to: notice to an alleged father's parents and siblings of a juvenile court
5proceeding concerning a child in need of protection or services.
Analysis by the Legislative Reference Bureau
This bill requires a court assigned to exercise jurisdiction under the Children's
Code and the Juvenile Justice Code (juvenile court), in certain circumstances, to
provide notice of proceedings relating to a child or juvenile to the parents and siblings
of a person who is alleged to be the father of the child or juvenile.
Under current law, after a petition has been filed relating to facts concerning
a child in need of protection or services (CHIPS), a juvenile in need of protection or
services (JIPS), or an unborn child in need of protection or services (UCHIPS), the
juvenile court must notify certain individuals. Among the individuals who must be
notified is a person who has filed a declaration of his paternal interest in matters
affecting the child or juvenile (declaration of paternal interest) or who is alleged to
the juvenile court to be the father of the child or juvenile or who may, based on the
statements of the mother or other information presented to the juvenile court, be the
father of the child or juvenile (alleged father), unless a physician attests to his or her
belief that the child or juvenile was conceived as a result of sexual assault. This bill
adds that the juvenile court must also give notice to an alleged father's parents and
siblings unless a physician attests to his or her belief that the child or juvenile was
conceived as a result of sexual assault.
Also under current law, with respect to any proceeding relating to a child or
juvenile who is under the jurisdiction of the juvenile court, and subject to the notice
requirements that apply in a CHIPS, JIPS, or UCHIPS proceeding, the juvenile
court must make every reasonable effort to identify and notify any person who has
filed a declaration of paternal interest, any person who has acknowledged paternity
of the child or juvenile, and any person who has been adjudged to be the father of the
child or juvenile unless the person's parental rights have been terminated. This bill
adds that the juvenile court must also make every reasonable effort to identify and
notify any alleged father and the parents and siblings of a person who has filed a
declaration of paternal interest, who has acknowledged paternity or has been
adjudged to be the father of the child or juvenile, or who is an alleged father.
For further information see the 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:
AB877,1
1Section
1. 48.27 (3) (b) 1. c. of the statutes is created to read:
AB877,2,32
48.27
(3) (b) 1. c. The parents and siblings of a person described in subd. 1. a.
3or b.
AB877,2
4Section
2. 48.27 (3) (b) 2. of the statutes is amended to read:
AB877,2,95
48.27
(3) (b) 2. A court is not required to provide notice, under subd. 1., to any
6person who may be the father of a child conceived as a result of a sexual assault
, or
7to that person's parents or siblings, if a physician attests to his or her belief that there
8was a sexual assault of the child's mother that may have resulted in the child's
9conception.
AB877,3
10Section
3. 48.27 (5) of the statutes is renumbered 48.27 (5) (intro.) and
11amended to read:
AB877,2,1312
48.27
(5) (intro.) Subject to sub. (3) (b), the court shall make every reasonable
13effort to identify and notify
any all of the following:
AB877,3,2
1(a) Any person who has filed a declaration of paternal interest under s. 48.025
,
2any.
AB877,3,4
3(b) Any person who has acknowledged paternity of the child under s. 767.805
4(1)
, and any.
AB877,3,6
5(c) Any person who has been adjudged to be the father of the child in a judicial
6proceeding unless the person's parental rights have been terminated.
AB877,4
7Section
4. 48.27 (5) (d) of the statutes is created to read:
AB877,3,108
48.27
(5) (d) Any person alleged to the court to be the father of the child or who
9may, based on the statements of the mother or other information presented to the
10court, be the father of the child.
AB877,5
11Section
5. 48.27 (5) (e) of the statutes is created to read:
AB877,3,1212
48.27
(5) (e) The parents and siblings of a person described in pars. (a) to (d).
AB877,6
13Section
6. 938.27 (3) (b) 1. c. of the statutes is created to read:
AB877,3,1514
938.27
(3) (b) 1. c. The parents and siblings of a person described in subd. 1.
15a. or b.
AB877,7
16Section
7. 938.27 (3) (b) 2. of the statutes is amended to read:
AB877,3,2117
938.27
(3) (b) 2. A court is not required to provide notice, under subd. 1., to any
18person who may be the father of a juvenile conceived as a result of a sexual assault
,
19or to that person's parents or siblings, if a physician attests to his or her belief that
20there was a sexual assault of the juvenile's mother that may have resulted in the
21juvenile's conception.
AB877,8
22Section
8. 938.27 (5) of the statutes is renumbered 938.27 (5) (intro.) and
23amended to read:
AB877,4,3
1938.27
(5) Notice to biological fathers and their parents and siblings. 2(intro.) Subject to sub. (3) (b), the court shall make reasonable efforts to identify and
3notify
any all of the following:
AB877,4,5
4(a) Any person who has filed a declaration of paternal interest under s. 48.025
,
5any.
AB877,4,7
6(b) Any person who has acknowledged paternity of the child under s. 767.805
7(1)
, and any.
AB877,4,9
8(c) Any person who has been adjudged to be the father of the juvenile in a
9judicial proceeding unless the person's parental rights have been terminated.
AB877,9
10Section
9. 938.27 (5) (d) of the statutes is created to read:
AB877,4,1311
938.27
(5) (d) Any person alleged to the court to be the father of the child or who
12may, based on the statements of the mother or other information presented to the
13court, be the father of the child.
AB877,10
14Section
10. 938.27 (5) (e) of the statutes is created to read:
AB877,4,1515
938.27
(5) (e) The parents and siblings of a person described in pars. (a) to (d).
