5. Section 48.832, stats., relating to transfer of guardianship upon revocation of
a guardian's license.
6. Section 48.839 (4) (a), stats., relating to transfer of guardianship of a child from
a foreign jurisdiction if the guardian does not file a TPR or adoption petition.
7. Chapter 880, stats., the general guardianship chapter.
8. For a child adjudged CHIPS under 48.13 (1), stats., because the child is without
a parent or guardian.
This Section adds a reference to s. 48.977, stats., as created in this bill, relating
to the appointment of relatives as guardians for certain children in need of protection or
services under certain circumstances.
SB501, s. 28 10Section 28. 48.185 (1) of the statutes, as affected by 1995 Wisconsin Act 77,
11is amended to read:
SB501,40,9
148.185 (1) Venue Subject to sub. (2), venue for any proceeding under ss. 48.13,
248.135 and 48.14 (1) to (9) may be in any of the following: the county where the child
3resides, the county where the child is present or, in the case of a violation of a state
4law or a county, town or municipal ordinance, the county where the violation
5occurred. Venue for proceedings brought under subch. VIII is as provided in this
6subsection except where the child has been placed and is living outside the home of
7the child's parent pursuant to a dispositional order, in which case venue is as
8provided in sub. (2). Venue for a proceeding under s. 48.14 (10) is as provided in s.
9801.50 (5s).
SB501, s. 29 10Section 29. 48.185 (2) of the statutes is amended to read:
SB501,40,1911 48.185 (2) In an action under s. 48.41, venue shall be in the county where the
12birth parent or child resides at the time that the petition is filed. Venue for any
13proceeding under s. 48.363 or, 48.365 or 48.977, or any other proceeding under subch.
14VIII when the child has been placed outside the home pursuant to a dispositional
15order under s. 48.345, shall be in the county where the dispositional order was issued,
16unless the child's county of residence has changed, or the parent of the child has
17resided in a different county of this state for 6 months. In either case, the court may,
18upon a motion and for good cause shown, transfer the case, along with all appropriate
19records, to the county of residence of the child or parent.
Note: Amends s. 48.185 (1) and (2), stats., to provide that venue for a guardianship
proceeding as created by this bill is in the county where the CHIPS dispositional order
was issued, unless the child's county of residence has changed or the child's parent has
resided in a different county of this state for 6 months.
SB501, s. 30 20Section 30. 48.205 (1) (b) of the statutes is amended to read:
SB501,41,221 48.205 (1) (b) Probable cause exists to believe that the parent, guardian or legal
22custodian of the child or other responsible adult is neglecting, refusing, unable or
23unavailable, unwilling or unable to provide adequate supervision and care and that

1services to ensure the child's safety and well-being are not available or would be
2inadequate; or
Note: Provides that, with respect to one of the possible criteria for holding a child
in physical custody, there must be probable cause to believe that the child's parent,
guardian or legal custodian or other responsible adult is neglecting, refusing, unable or
unavailable
to provide adequate supervision and care rather than being unavailable,
unwilling or unable
to do so.
SB501, s. 31 3Section 31. 48.21 (1) (a) of the statutes, as affected by 1995 Wisconsin Act 77,
4is amended to read:
SB501,41,175 48.21 (1) (a) If a child who has been taken into custody is not released under
6s. 48.20, a hearing to determine whether the child shall continue to be held in custody
7under the criteria of ss. 48.205 to 48.209 shall be conducted by the judge or juvenile
8court commissioner within 24 48 hours of the time the decision to hold the child was
9made, excluding Saturdays, Sundays and legal holidays. By the time of the hearing
10a petition under s. 48.25 shall be filed, except that no petition need be filed where a
11child is taken into custody under s. 48.19 (1) (b) or (d) 2. or 7. or where the child is
12a runaway from another state, in which case a written statement of the reasons for
13holding a child in custody shall be substituted if the petition is not filed. If no hearing
14has been held within 24 48 hours , excluding Saturdays, Sundays and legal holidays,
15or if no petition or statement has been filed at the time of the hearing, the child shall
16be released except as provided in par. (b). A parent not present at the hearing shall
17be granted a rehearing upon request.
Note: Provides that a detention hearing must be held within 48 hours, excluding
Saturdays, Sundays and legal holidays, after the decision was made to hold the child,
rather than 24 hours, excluding Saturdays, Sundays and legal holidays.
SB501, s. 32 18Section 32. 48.21 (1) (b) of the statutes is amended to read:
SB501,42,1019 48.21 (1) (b) If no petition has been filed by the time of the hearing, a child may
20be held in custody with approval of the judge or juvenile court commissioner for an

1additional 48 72 hours from the time of the hearing, excluding Saturdays, Sundays
2and legal holidays,
only if, as a result of the facts brought forth at the hearing, the
3judge or juvenile court commissioner determines that probable cause exists to
4believe that the child is an imminent danger to himself or herself or to others, or that
5probable cause exists to believe that the parent, guardian or legal custodian of the
6child or other responsible adult is unwilling neglecting, refusing, unable or
7unavailable to provide adequate supervision and care. The extension may be
8granted only once for any petition. In the event of failure to file a petition within the
948-hour extension period provided for in this paragraph, the judge or juvenile court
10commissioner shall order the child's immediate release from custody.
Note: Expands the 48-hour extension period to a 72-hour extension period,
excluding Saturdays, Sundays and legal holidays.
SB501, s. 33 11Section 33. 48.235 (1) (c) of the statutes is amended to read:
SB501,42,1512 48.235 (1) (c) The court shall appoint a guardian ad litem for any child who is
13the subject of a proceeding to terminate parental rights, whether voluntary or
14involuntary, and for a child who is the subject of a contested adoption proceeding and
15for a child who is the subject of a proceeding under s. 48.977
.
Note: Requires a juvenile court to appoint a guardian ad litem (GAL) for a child
who is the subject of a guardianship proceeding under s. 48.977, stats., as created by this
bill.
SB501, s. 34 16Section 34. 48.235 (3) (title) of the statutes is amended to read:
SB501,42,1717 48.235 (3) (title) Responsibilities Duties and responsibilities.
SB501, s. 35 18Section 35. 48.235 (3) of the statutes is renumbered 48.235 (3) (a).
SB501, s. 36 19Section 36. 48.235 (3) (b) of the statutes is created to read:
SB501,42,2220 48.235 (3) (b) In addition to any other duties and responsibilities required of
21a guardian ad litem, a guardian ad litem appointed for a child who is the subject of
22a proceeding under s. 48.13 shall do all of the following:
SB501,43,4
11. Personally meet with the child, personally interview the child if the child is
2old enough to communicate, determine the child's goals and concerns regarding his
3or her placement and assess the appropriateness and safety of the child's
4environment in each placement.
SB501,43,115 2. Personally, or through a trained designee, conduct, when applicable,
6interviews with the child's parents, general guardian, legal custodian, foster
7parents, caseworkers, therapists, counselors, school personnel and mental health
8professionals and, if any injuries or abuse have occurred or are alleged, review
9photographs and available videotapes or audiotapes of interviews with the child and
10contact appropriate health care facilities and health care providers for more
11information relating to those injuries or that abuse.
SB501,43,1512 3. Personally, or through a trained designee, determine whether there are
13alternatives to initial or continued out-of-home placement of the child, including
14in-home services or removal of the perpetrator of any abuse or alleged abuse from
15the child's home.
SB501,43,1816 4. Personally, or through a trained designee, identify appropriate community
17resources and advocate for those resources, when appropriate, to protect the best
18interests of the child.
SB501,43,2319 5. Make clear and specific recommendations to the court concerning the best
20interest of the child at every stage of the proceeding, including all placement
21decisions, and ask that clear and specific orders be entered for the provision of
22treatment and services for the child and his or her family and for the evaluation,
23assessment and protection of the child and his or her family.
Note: This Section sets forth specific duties and responsibilities applicable to a
guardian ad litem (GAL) appointed in a CHIPS case. Current s. 48.235 (3), stats.,
provides that a GAL must be an advocate for the best interests of "the person for whom

the appointment is made" (e.g., the child in a CHIPS case), but does not set forth in detail
any of the duties or responsibilities of the GAL in advocating for the best interests of the
child. For example, the special committee received substantial testimony that some
GALs in CHIPS cases do not meet with the child they are appointed to represent, arguing
that current law does not require, or is not clear as to requiring, such a meeting with the
child. The list of duties and responsibilities specified in this Section is not intended to
be an exhaustive list of the duties and responsibilities of GALs appointed in CHIPS cases.
SB501, s. 37 1Section 37. 48.235 (4) (a) 7g. of the statutes is created to read:
SB501,44,42 48.235 (4) (a) 7g. Petition for the appointment of a guardian under s. 48.977
3(2), the revision of a guardianship order under s. 48.977 (6) or the removal of a
4guardian under s. 48.977 (7).
Note: Permits the GAL of a child found to be in need of protection or services to
petition for the appointment of a guardian for the child under s. 48.977 (2), stats., as
created by this bill; to petition for the revision of a guardianship order under s. 48.977 (6),
stats., as created by this bill; and to petition for the removal of a guardian under s. 48.977
(7), stats., as created by this bill.
SB501, s. 38 5Section 38. 48.235 (4) (a) 7m. of the statutes is created to read:
SB501,44,76 48.235 (4) (a) 7m. Bring an action or motion for the determination of the child's
7paternity under s. 767.45.
Note: Permits the GAL of a child found to be in need of protection or services to
bring an action or motion for the determination of the child's paternity.
SB501, s. 39 8Section 39. 48.245 (2) (b) of the statutes, as affected by 1995 Wisconsin Act 77,
9is amended to read:
SB501,44,1110 48.245 (2) (b) Informal disposition may not include any form of residential
11placement and may not exceed 6 months, except as provided under sub. (2r).
SB501, s. 40 12Section 40. 48.245 (2r) of the statutes is created to read:
SB501,45,413 48.245 (2r) If an informal disposition is based on allegations that a child is in
14need of protection or services, the intake worker may, after giving written notice to
15the child and the child's parent, guardian and legal custodian and their counsel, if
16any, extend the informal disposition for up to an additional 6 months unless the child
17or the child's parent, guardian or legal custodian objects to the extension. If the child

1or the child's parent, guardian or legal custodian objects to the extension, the intake
2worker may recommend to the district attorney or corporation counsel that a petition
3be filed under s. 48.13. An extension under this subsection may be granted only once
4for any informal disposition.
note: This Section relates to extension of an informal disposition for a child when
the informal disposition is based on allegations that the child is in need of protection or
services (CHIPS).
Under current law, a juvenile court intake worker may enter into a written
agreement which imposes an informal disposition if: (1) the intake worker determines
that the best interests of neither the child nor the public require the filing of a petition
for circumstances relating to s. 48.12 (delinquency), 48.125 (violation of a civil law or
ordinance), 48.13 (CHIPS), 48.135 (proceedings under ch. 51 (mental health act) or ch.
55 (protective services) or 48.14, stats., (other matters relating to children); (2) the facts
persuade the intake worker that jurisdiction of the juvenile court would exist if sought;
and (3) the child and the child's parent, guardian and legal custodian consent to the
informal disposition.
Under current law, an informal disposition may not exceed 6 months unless the
informal disposition is based on allegations that a child is CHIPS based on habitual
truancy. In that case, the informal disposition may not exceed one year. This bill permits
an intake worker to extend for up to an additional 6 months an informal disposition that
is based on allegations that a child is CHIPS, other than allegations that the child is
CHIPS based on habitual truancy. [The bill does not affect the provision for a one-year
informal disposition when a child is alleged to be CHIPS based on habitual truancy.]
The bill requires that the intake worker give written notice to the child and the
child's parent, guardian and legal custodian prior to extending an informal disposition.
The bill provides that the intake worker may not extend an informal disposition if the
child or the child's parent, guardian or legal custodian objects to the extension. The bill
also provides that if there is an objection to the extension, the intake worker may
recommend that a CHIPS petition be filed.
SB501, s. 41 5Section 41. 48.27 (3) (a) of the statutes is renumbered 48.27 (3) (a) 1. and
6amended to read:
SB501,46,57 48.27 (3) (a) 1. The court shall also notify, under s. 48.273, the child, any parent,
8guardian and legal custodian of the child, any foster parent, treatment foster parent
9or other physical custodian described in s. 48.62 (2) of the child
and any person
10specified in par. (b), if applicable, of all hearings involving the child except hearings
11on motions for which notice need only be provided to the child and his or her counsel.
12Where parents entitled to notice have the same place of residence, notice to one shall
13constitute notice to the other. The first notice to any interested party, foster parent,

1treatment foster parent or other physical custodian described in s. 48.62 (2)
shall be
2written and may have a copy of the petition attached to it. Thereafter, notice of
3hearings may be given by telephone at least 72 hours before the time of the hearing.
4The person giving telephone notice shall place in the case file a signed statement of
5the time notice was given and the person to whom he or she spoke.
SB501, s. 42 6Section 42. 48.27 (3) (a) 2. of the statutes is created to read:
SB501,46,137 48.27 (3) (a) 2. Failure to give notice under subd. 1. to a foster parent, treatment
8foster parent or other physical custodian described in s. 48.62 (2) does not deprive the
9court of jurisdiction in the action or proceeding. If a foster parent, treatment foster
10parent or other physical custodian described in s. 48.62 (2) is not given notice under
11subd. 1., that person may request a rehearing on the matter during the pendency of
12an order resulting from the hearing. If the request is made, the court shall order a
13rehearing.
Note: Expands current s. 48.27 (3) (a), stats., which requires, in general, notice of
all hearings under the children's code involving a child to be given to specified persons
(i.e., the child and any parent, guardian and legal custodian of the child as well as certain
persons who may be the father of the child), to require that notice to be given to the child's
foster parent, treatment foster parent or other physical custodian described in s. 48.62
(2), stats. Section 48.62 (2), stats., sets forth those persons who provide care and
maintenance for children but who are not required to obtain a foster care or treatment
foster care license (e.g., a relative of the child providing "kinship" care). The bill also
specifies that: (1) failure to give notice to a foster parent, treatment foster parent or other
physical custodian described in s. 48.62 (2), stats., does not deprive the juvenile court of
jurisdiction in the action or proceeding; and (2) if a foster parent, treatment foster parent
or other physical custodian described in s. 48.62 (2), stats., is not given the required notice
of a hearing and that person requests a rehearing on the matter during the pendency of
an order resulting from the hearing, the juvenile court must order that a rehearing on the
matter be held. Under current law, failure to give notice (or adequate notice) may result
in dismissal of an action or proceeding for lack of juvenile court jurisdiction and the
necessity of recommencing the action or proceeding, with the accompanying delays.
SB501, s. 43 14Section 43. 48.293 (4) of the statutes is created to read:
SB501,46,1715 48.293 (4) In addition to the discovery procedures permitted under subs. (1) to
16(3), the discovery procedures permitted under ch. 804 shall apply in all proceedings
17under this chapter.

Note: Provides that the discovery procedures which are applicable to civil
proceedings in general also apply to proceedings under ch. 48.
SB501, s. 44 1Section 44. 48.299 (1) (a) of the statutes, as affected by 1995 Wisconsin Act 77,
2is amended to read:
SB501,47,93 48.299 (1) (a) The general public shall be excluded from hearings under this
4chapter and from hearings by courts exercising jurisdiction under s. 48.16 unless a
5public fact-finding hearing is demanded by a child through his or her counsel.
6However, the court shall refuse to grant the public hearing in a proceeding other than
7a proceeding under s. 48.375 (7), if a parent or guardian objects. All hearings under
8s. 48.375 (7) shall be held in chambers, unless a public fact-finding hearing is
9demanded by the child through her counsel. If
SB501,47,21 10(ag) In a proceeding other than a proceeding under s. 48.375 (7), if a public
11hearing is not held, only the parties, and their counsel, if any, the child's foster
12parent, treatment foster parent or other physical custodian described in s. 48.62 (2),

13witnesses and other persons requested by a party and approved by the court may be
14present, except that the court may exclude a foster parent, treatment foster parent
15or other physical custodian described in s. 48.62 (2) from any portion of the hearing
16if that portion of the hearing deals with sensitive personal information of the child
17or the child's family or if the court determines that excluding the foster parent,
18treatment foster parent or other physical custodian would be in the best interests of
19the child
. Except in a proceeding under s. 48.375 (7), any other person the court finds
20to have a proper interest in the case or in the work of the court, including a member
21of the bar, may be admitted by the court.
SB501, s. 45 22Section 45. 48.299 (1) (ar) of the statutes is created to read:
SB501,48,5
148.299 (1) (ar) All hearings under s. 48.375 (7) shall be held in chambers, unless
2a public fact-finding hearing is demanded by the child through her counsel. In a
3proceeding under s. 48.375 (7), the child's foster parent, treatment foster parent or
4other physical custodian described in s. 48.62 (2) may be present if requested by a
5party and approved by the court.
Note: Expands, and further divides into new paragraphs, current s. 48.299 (1) (a),
stats., to specify that, except in a proceeding under s. 48.375 (7), stats., [hearing on
parental consent for abortion], if a public hearing is not held in a proceeding under the
children's code, a child's foster parent, treatment foster parent or other physical custodian
described in s. 48.62 (2), stats., may be present at the hearing, except that the juvenile
court may exclude a foster parent, treatment foster parent or other physical custodian
from any portion of the hearing if that portion of the hearing deals with sensitive personal
information of the child or the child's family or if the juvenile court determines that the
exclusion would be in the best interests of the child. In a proceeding under s. 48.375,
stats., the bill provides that the foster parent, treatment foster parent or other physical
custodian described in s. 48.62 (2), stats., may not be present unless requested by a party
and approved by the juvenile court. Current law permits to be present only the parties
to the proceeding, their counsel, witnesses, other persons requested by a party and
approved by the juvenile court and, in cases not involving a proceeding under s. 48.375,
stats., other persons whom the juvenile court finds to have a proper interest in the case
or the work of the juvenile court.
The change in renumbered and amended s. 48.299 (1) (ag), stats., relating to "only
the parties and their counsel" is to clarify that the phrase "their counsel" applies only to
the parties and not to the child's foster or treatment foster parent or other physical
custodian described in s. 48.62 (2), stats.
SB501, s. 46 6Section 46. 48.299 (4) (a) of the statutes, as affected by 1995 Wisconsin Act 77,
7is amended to read:
SB501,48,98 48.299 (4) (a) Chapters 901 to 911 shall govern the presentation of evidence at
9the fact-finding hearings under ss. 48.31 and, 48.42 and 48.977 (4) (d).
Note: Provides that the general rules of evidence in chs. 901 to 911, stats., apply
to a fact-finding hearing for a guardianship proceeding under s. 48.977, stats., as created
by this bill.
SB501, s. 47 10Section 47. 48.299 (4) (b) of the statutes, as affected by 1995 Wisconsin Act 77,
11is amended to read:
SB501,49,1012 48.299 (4) (b) Except as provided in s. 901.05, neither common law nor
13statutory rules of evidence are binding at a hearing for a child held in custody under
14s. 48.21, a runaway home hearing under s. 48.227 (4), a dispositional hearing, or a

1hearing about changes in placement, revision of dispositional orders or, extension of
2dispositional orders or termination of guardianship orders entered under s. 48.977
3(4) (h) 2. or (6)
. At those hearings, the court shall admit all testimony having
4reasonable probative value, but shall exclude immaterial, irrelevant or unduly
5repetitious testimony or evidence that is inadmissible under s. 901.05. Hearsay
6evidence may be admitted if it has demonstrable circumstantial guarantees of
7trustworthiness. The court shall give effect to the rules of privilege recognized by
8law. The court shall apply the basic principles of relevancy, materiality and probative
9value to proof of all questions of fact. Objections to evidentiary offers and offers of
10proof of evidence not admitted may be made and shall be noted in the record.
Note: Provides that the more relaxed rules of evidence in s. 48.299 (4) (b), stats.,
apply to hearings relating to termination of the guardianship orders created in this bill.
Under the current provisions of s. 48.299 (4) (b), stats., the rules of evidence in s. 48.299
(4) (b), stats., also apply to dispositional hearings involving the guardianship proceedings
created in this bill and to hearings related to revision of dispositional orders appointing
a guardian under the provisions of this bill.
SB501, s. 48 11Section 48. 48.299 (6) of the statutes is renumbered 48.299 (6) (intro.) and
12amended to read:
SB501,49,1613 48.299 (6) (intro.) If a man who has been given notice under s. 48.27 (3) (b) 1.
14appears at any hearing for which he received the notice, alleges that he is the father
15of the child and states that he wishes to establish the paternity of the child, the all
16of the following apply:
SB501,49,20 17(a) The court shall refer the matter to the state or to the attorney responsible
18for support enforcement under s. 59.458 (1) for a determination, under s. 767.45, of
19whether an action should be brought for the purpose of determining the paternity of
20the child.
SB501,50,7 21(d) The court may stay the proceedings under this chapter pending the outcome
22of the paternity proceedings under ss. 767.45 to 767.60 if the court determines that

1the paternity proceedings will not unduly delay the proceedings under this chapter
2and the determination of paternity is necessary to the court's disposition of the child
3if the child is found to be in need of protection or services. As part of the proceedings
4under this chapter, the court may order that a record be made of any testimony of the
5child's mother relating to the child's paternity. A record made under this subsection
6is admissible in a proceeding to determine the child's paternity under ss. 767.45 to
7767.60.
SB501, s. 49 8Section 49 . 48.299 (6) (b), (c) and (e) of the statutes are created to read:
SB501,50,119 48.299 (6) (b) The state or the attorney responsible for support enforcement
10who receives a referral under par. (a) shall perform the duties specified under s.
11767.45 (5) (c) and (6r).
SB501,50,1512 (c) The court having jurisdiction over actions affecting the family shall give
13priority under 767.475 (7m) to an action brought under s. 767.45 whenever the
14petition filed under s. 767.45 indicates that the matter was referred by the court
15under par. (a).
SB501,50,1916 (e) 1. In this paragraph, "genetic test" means a test that examines genetic
17markers present on blood cells, skin cells, tissue cells, bodily fluid cells or cells of
18another body material for the purpose of determining the statistical probability that
19a man who is alleged to be a child's father is the child's biological father.
SB501,50,2220 2. The court shall, at the hearing, orally inform any man specified in sub. (6)
21(intro.) that he may be required to pay for any testing ordered by the court under this
22paragraph or under s. 885.23.
SB501,51,9 233. In addition to ordering testing as provided under s. 885.23, if the court
24determines that it would be in the best interests of the child, the court may order any
25man specified in sub. (6) (intro.) to submit to one or more genetic tests which shall

1be performed by an expert qualified as an examiner of genetic markers present on
2the cells and of the specific body material to be used for the tests, as appointed by the
3court. A report completed and certified by the court-appointed expert stating genetic
4test results and the statistical probability that the man alleged to be the child's father
5is the child's biological father based upon the genetic tests is admissible as evidence
6without expert testimony and may be entered into the record at any hearing. The
7court, upon request by a party, may order that independent tests be performed by
8other experts qualified as examiners of genetic markers present on the cells of the
9specific body materials to be used for the tests.
SB501,51,14 104. If the genetic tests show that an alleged father is not excluded and that the
11statistical probability that the alleged father is the child's biological father is 99.0%
12or higher, the court may determine that for purposes of a proceeding under this
13chapter, other than a proceeding under subch. VIII, the man is the child's biological
14parent.
SB501,51,16 155. A determination by the court under subd. 4. is not a judgment of paternity
16under ch. 767 or an adjudication of paternity under subch. VIII.
Note: In cases in which a man who has been given notice of a hearing in a CHIPS
proceeding appears at a hearing for which he received notice, alleges that he is the father
of the child and states that he wishes to have the paternity of the child established,
current law requires the juvenile court to refer the matter to the state or the IV-D
attorney to determine if a paternity action should be brought in family court under ch.
767, stats., to determine the paternity of the child. Current law also provides that if the
juvenile court determines that the paternity proceedings will not unduly delay the
CHIPS proceedings and that determination of paternity is necessary to the CHIPS
disposition if the child is adjudicated CHIPS, the juvenile court may stay the CHIPS
proceedings pending the outcome of the paternity proceedings under ch. 767, stats.
Current s. 885.23, stats., provides that, whenever it is relevant in a civil action to
determine the parentage or identity of any child, person or corpse, the court may order
"any party to the action and any person involved in the controversy to submit to one or
more blood tests as provided in s. 767.48".
This Section does all of the following:
1. Provides that if a matter is referred by the juvenile court under the required
referral provision, then the IV-D attorney receiving the referral must: (a) give priority
to such cases; (b) notify the family court when a petition is filed that the case was referred
by the juvenile court under the required referral provision; and (c) as soon as possible, but

no later than 30 days after the referral, provide information to the juvenile court as
required in s. 767.45 (5) (c), stats., as created by this bill.
2. Requires the family court to give such cases priority.
3. Provides that, in addition to a court's authority under s. 885.23, stats., to order
blood tests of certain individuals, in cases in which a man appears at a CHIPS hearing
for which he received notice, alleges that he is the father of the child and states that he
wishes to establish the paternity of the child, the juvenile court must orally inform the
man at the hearing that he may be required to pay for any genetic testing ordered by the
court; and if it would be in the best interests of the child to do so, the juvenile court may:
(a) order the man to submit to genetic testing to determine the probability that the man
is the child's biological father; and (b) if the genetic testing shows that the statistical
probability is 99.0% or higher that the man is the child's biological father, determine that
for purposes of a proceeding under ch. 48, stats., other than a proceeding under subch.
VIII [termination of parental rights], the man is the child's biological parent.
4. Provides that such a determination by the juvenile court is not a judgment of
paternity under ch. 767, stats., or an adjudication of paternity under subch. VIII of the
children's code.
SB501, s. 50 1Section 50. 48.299 (7) of the statutes is created to read:
SB501,52,82 48.299 (7) If a man who has been given notice under s. 48.27 (3) (b) 1. appears
3at any hearing for which he received the notice but does not allege that he is the
4father of the child and state that he wishes to establish the paternity of the child or
5if no man to whom such notice was given appears at a hearing, the court may refer
6the matter to the state or to the attorney responsible for support enforcement under
7s. 59.458 (1) for a determination, under s. 767.45, of whether an action should be
8brought for the purpose of determining the paternity of the child.
Note: Provides that if a notice of a hearing in a CHIPS proceeding was given to
an alleged father who does not appear at the hearing or, if an alleged father appears but
does not allege that he is the father of the child and state that he wishes to have paternity
established, the juvenile court may refer the matter to the state or to the IV-D attorney
who may then bring a paternity action.
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