AB651-ASA2,203,1021
767.45
(5m) Except as provided in ss. 767.458 (3), 767.465 (2) and (2m),
22767.477, 767.62 and 769.401, unless a man is
either presumed the child's father
23under s. 891.41
or (1), is adjudicated the child's father either under s. 767.51 or by
24final order or judgment of a court of competent jurisdiction in another state
or has
25acknowledged himself to be the child's father under s. 767.62 (1) or a substantially
1similar law of another state, no order or temporary order may be entered for child
2support, legal custody or physical placement until the man is adjudicated the father
3using the procedure set forth in ss. 767.45 to 767.60. Except as provided in ss.
4767.477, 767.62 and 769.401, the exclusive procedure for establishment of child
5support obligations, legal custody or physical placement rights for a man who is
6neither not presumed the child's father under s. 891.41
nor (1), adjudicated the father
7or acknowledged under s. 767.62 (1) or a substantially similar law of another state
8to be the father is by an action under ss. 767.45 to 767.60 or under s. 769.701. No
9person may waive the use of this procedure. If a presumption under s. 891.41
(1) 10exists, a party denying paternity has the burden of rebutting the presumption.
AB651-ASA2,203,1712
767.45
(6m) The attorney designated under sub. (6) (a) shall commence an
13action under this section on behalf of the state within 6 months after receiving
14notification under s. 69.03 (15) that no father is named on the birth certificate of a
15child who is a resident of the county if paternity has not been
acknowledged under
16s. 767.62 (1) or a substantially similar law of another state or adjudicated, except in
17situations under s. 69.14 (1) (g) and (h) and as provided by the department by rule.
AB651-ASA2, s. 447
19Section
447. 767.455 (5g) (form) 2. of the statutes is amended to read:
AB651-ASA2,204,220
767.455
(5g) (form) 2. You have the right to be represented by an attorney. If
21you are unable to afford an attorney, the court will appoint one for you only
upon one
22or more of the genetic tests taken during the proceedings showing
if the results of one
23or more genetic tests show that you are excluded as the father and that the statistical
24probability of your being the father is less than 99.0%. In order to determine whether
1you are entitled to have an attorney appointed for you, you may call the following
2telephone number .... .
AB651-ASA2, s. 448
3Section
448. 767.455 (5g) (form) 3. of the statutes is amended to read:
AB651-ASA2,204,84
767.455
(5g) (form) 3. You may request genetic tests which will indicate the
5probability that you are or are not the father of the child. The court
or county child
6support agency will order genetic tests on request by you, the state or any other party.
7Any person who refuses to take court-ordered genetic tests may be punished for
8contempt of court.
AB651-ASA2, s. 449
9Section
449. 767.455 (5g) (form) 7. of the statutes is amended to read:
AB651-ASA2,204,1810
767.455
(5g) (form) 7. If you fail to appear at any stage of the proceeding,
11including a scheduled
court-ordered genetic test, the court will enter a default
12judgment finding you to be the father. A default judgment will take effect 30 days
13after it is served on or mailed to you at your address on file with the court, unless
14within those 30 days you present to the court evidence of good cause for your failure
15to appear or your failure to have undergone a
court-ordered genetic test. You need
16not appear at the time and place specified in the summons if you complete the
17attached waiver of first appearance statement and deliver it to the court by the date
18specified in the waiver of first appearance statement.
AB651-ASA2, s. 450
19Section
450. 767.455 (5r) (form) 2. of the statutes is amended to read:
AB651-ASA2,205,220
767.455
(5r) (form) 2. I understand that I will be notified by the court of all
21future stages in the proceeding and agree to appear at those stages. If I fail to appear
22at any stage, including a scheduled
court-ordered genetic test, the court will enter
23a default judgment finding me to be the father. A default judgment will take effect
2430 days after it is served on or mailed to me, unless within those 30 days I present
1to the court evidence of good cause for my failure to appear or my failure to have
2undergone a
court-ordered genetic test.
AB651-ASA2,205,74
767.458
(1) (c) Except as provided under sub. (1m)
and s. 767.463, the
5respondent may request the administration of genetic tests which either
6demonstrate that he is not the father of the child or which demonstrate the
7probability that he is or is not the father of the child;
AB651-ASA2,205,109
767.458
(1) (d) Except as provided
under sub. in subs. (1m)
and (2) and s.
10767.463, the court will order genetic tests upon the request of any party; and
AB651-ASA2,205,2012
767.458
(2) At the first appearance, if it appears from a sufficient petition or
13affidavit of the child's mother
or an alleged father, or from sworn testimony of the
14child's mother or an alleged father, that there is probable cause to believe that any
15of the males named has had sexual intercourse with the mother during a possible
16time of the child's conception, the court may, or upon the request of any party shall,
17order any of the named persons to submit to genetic tests. The tests shall be
18conducted in accordance with s. 767.48.
The court is not required to order a person
19who has undergone a genetic test under s. 49.225 to submit to another genetic test
20under this subsection unless a party requests additional tests under s. 767.48 (2).
AB651-ASA2,206,222
767.458
(3) At the first appearance, if a statement acknowledging paternity
23under s. 69.15 (3) (b) 1. or 3.
that was signed and filed before April 1, 1998, is on file,
24the court may enter an order for child support, legal custody or physical placement
1and, if the respondent who filed the statement does not dispute his paternity, may
2enter a judgment of paternity.
AB651-ASA2,206,10
4767.463 Dismissal if adjudication not in child's best interest. Except as
5provided in s. 767.458 (1m), at any time in an action to establish the paternity of a
6child, upon the motion of a party or guardian ad litem, the court or court
7commissioner under s. 757.69 (3) (g) may, with respect to a man, refuse to order
8genetic tests, if genetic tests have not yet been taken, and dismiss the action if the
9court or court commissioner determines that a judicial determination of whether the
10man is the father of the child is not in the best interest of the child.
AB651-ASA2,206,1712
767.465
(1m) Judgment when mother fails to appear. Notwithstanding sub.
13(1), a court may enter an order adjudicating the alleged father, or man alleging that
14he is the father, to be the father of the child under s. 767.51 if the mother of the child
15fails to appear at the first appearance, unless the first appearance is not required
16under s. 767.457 (2), scheduled genetic test, pretrial hearing or trial if sufficient
17evidence exists to establish the man as the father of the child.
AB651-ASA2,207,419
767.465
(2) (a) Except as provided in sub. (2m), if a respondent is the alleged
20father and fails to appear at the first appearance, unless the first appearance is not
21required under s. 767.457 (2), scheduled
court-ordered genetic test, pretrial hearing
22or trial, the court shall enter an order adjudicating the respondent to be the father
23and appropriate orders for support, legal custody and physical placement. The
24orders shall be either served on the respondent or mailed by regular, registered or
25certified mail, to the last-known address of the respondent. The orders shall take
1effect 30 days after service or 30 days after the date on which the orders were mailed
2unless, within that time, the respondent presents to the court or court commissioner
3under s. 757.69 (3) (g) evidence of good cause for failure to appear or failure to have
4undergone a
court-ordered genetic test.
AB651-ASA2,207,10
6767.466 Motion to reopen judgment based on statement
7acknowledging paternity. (intro.) A judgment which adjudicates a person to be
8the father of a child and which was based upon a statement acknowledging paternity
9that was signed and filed before April 1, 1998, may, if no trial was conducted, be
10reopened under any of the following circumstances:
AB651-ASA2,207,1212
767.47
(1) (c) Genetic test results under ss.
49.225, 767.48 or 885.23.
AB651-ASA2,207,1914
767.47
(3) In Except as provided in s. 767.48 (4), in an action against an alleged
15father, evidence offered by him with respect to an identified man who is not subject
16to the jurisdiction of the court concerning that man's sexual intercourse with the
17mother at or about the presumptive time of conception of the child is admissible in
18evidence only after the alleged father has undergone
genetic tests and made
the
19results available to the court
genetic tests as provided in s. 767.48.
AB651-ASA2,207,2421
767.47
(8) The party bringing an action for the purpose of determining
22paternity or for the purpose of declaring the nonexistence of paternity presumed
23under s. 891.405 or 891.41
(1) shall have the burden of proving the issues involved
24by clear and satisfactory preponderance of the evidence.
AB651-ASA2,208,3
1767.47
(11) Bills for services or articles related to the pregnancy, childbirth or
2genetic testing may be admitted into evidence and are prima facie evidence of the
3costs incurred for such services or articles.
AB651-ASA2, s. 463
4Section
463. 767.475 (1) of the statutes is renumbered 767.475 (1) (a) and
5amended to read:
AB651-ASA2,208,96
767.475
(1) (a) Except as provided in
s. 767.045 (1) (c) par. (b), the court may
7appoint a guardian ad litem for the child and shall appoint a guardian ad litem for
8a minor parent or minor who is alleged to be a parent in a paternity proceeding unless
9the minor parent or the minor alleged to be the parent is represented by an attorney.
AB651-ASA2,208,1311
767.475
(1) (b) The court shall appoint a guardian ad litem for the child if s.
12767.045 (1) (a) or (c) applies or if the court has concern that the child's best interest
13is not being represented.
AB651-ASA2,208,1615
767.475
(2) Presumption of paternity shall be as provided in ss. 891.39, 891.405
16and 891.41
(1).
AB651-ASA2,208,24
18767.477 Temporary orders. (1) At any time during the pendency of an action
19to establish the paternity of a child, if genetic tests show that the alleged father is
20not excluded and that the statistical probability of the alleged father's parentage is
2199.0% or higher, on the motion of a party, the court shall make an appropriate
22temporary order for the payment of child support and may make a temporary order
23assigning responsibility for and directing the manner of payment of the child's health
24care expenses.
AB651-ASA2,209,6
1(2) Before making any temporary order under sub. (1), the court shall consider
2those factors that the court is required under s. 767.51 to consider when granting a
3final judgment on the same subject matter. If the court makes a temporary child
4support order that deviates from the amount of support that would be required by
5using the percentage standard established by the department under s. 49.22 (9), the
6court shall comply with the requirements of s. 767.51 (5d).
AB651-ASA2,209,188
767.48
(1) (a) The court may, and upon request of a party shall, require the
9child, mother, any male for whom there is probable cause to believe that he had
10sexual intercourse with the mother during a possible time of the child's conception,
11or any male witness who testifies or will testify about his sexual relations with the
12mother at a possible time of conception to submit to genetic tests. Probable cause of
13sexual intercourse during a possible time of conception may be established by a
14sufficient petition or affidavit of the child's mother
or an alleged father, filed with the
15court, or after an examination under oath of a
complainant party or witness, when
16the court determines such an examination is necessary.
The court is not required to
17order a person who has undergone a genetic test under s. 49.225 to submit to another
18test under this paragraph unless a party requests additional tests under sub. (2).
AB651-ASA2,209,2320
767.48
(1m) Under sub. (1), if the
If genetic tests
ordered under this section or
21s. 49.225 show that the alleged father is not excluded and that the statistical
22probability of the alleged father's parentage is 99.0% or higher, the alleged father
23shall be rebuttably presumed to be the child's parent.
AB651-ASA2,210,13
1767.48
(4) Whenever the results of
the genetic tests exclude
the an alleged
2father as the father of the child, this evidence shall be conclusive evidence of
3nonpaternity and the court shall dismiss
the any paternity action
with respect to that
4alleged father. Whenever the results of
the
genetic tests exclude any male witness
5from possible paternity, the tests shall be conclusive evidence of nonpaternity of the
6male witness. Testimony relating to sexual intercourse or possible sexual
7intercourse of the mother with any person excluded as a possible father, as a result
8of a genetic test, is inadmissible as evidence. If any party refuses to submit to a
9genetic test, this fact shall be disclosed to the fact finder.
This refusal Refusal to
10submit to a genetic test ordered by the court is a contempt of the court for failure to
11produce evidence under s. 767.47 (5). If the action was brought by the child's mother
12but she refuses to submit herself or the child to genetic tests, the action shall be
13dismissed.
AB651-ASA2,210,1715
767.48
(5) (a)
At Except as provided in par. (b), at the close of the proceeding
16the court may order either or both parties to reimburse the county if the court finds
17that they have sufficient resources to pay the costs of the genetic tests.
AB651-ASA2,210,2319
767.48
(5) (b) If 2 or more identical series of genetic tests are performed upon
20the same person,
regardless of whether the tests were ordered under this section or
21s. 49.225 or 767.458 (2), the court
may shall require the person requesting the 2nd
22or subsequent series of tests to pay for it in advance
, unless the court finds that the
23person is indigent.
AB651-ASA2,211,2
1767.51
(1) The A judgment or order of the court determining the existence or
2nonexistence of paternity is determinative for all purposes.
AB651-ASA2,211,84
767.51
(2) The clerk of court shall file with the state registrar, within 30 days
5after the entry of
the order or a judgment
or order determining paternity, a report
6showing the names, dates and birth places of the child and the father and the maiden
7name of the mother on a form designated by the state registrar, along with the fee
8set forth in s. 69.22 (5), which the clerk of court shall collect.
AB651-ASA2, s. 474
9Section
474
. 767.51 (2) of the statutes, as affected by 1997 Wisconsin Act ....
10(this act), is amended to read:
AB651-ASA2,211,1611
767.51
(2) The clerk of court shall file with the state registrar, within 30 days
12after the entry of a judgment or order determining paternity, a report showing the
13names, dates and birth places of the child and the father
, the social security numbers
14of the mother, father and child and the maiden name of the mother on a form
15designated by the state registrar, along with the fee set forth in s. 69.22 (5), which
16the clerk of court shall collect.
AB651-ASA2,212,718
767.51
(3) The A judgment or order
determining paternity may contain any
19other provision directed against the appropriate party to the proceeding, concerning
20the duty of support, the legal custody and guardianship of the child, periods of
21physical placement, the furnishing of bond or other security for the payment of the
22judgment, or any other matter in the best interest of the child. Unless the court
23orders otherwise, if there is no presumption of paternity under s. 891.41
(1) the
24mother shall have sole legal custody of the child. The court shall order either party
25or both to pay for the support of any child of the parties who is less than
18 years old,
1or any child of the parties who is less than 19 years old
and if the child is pursuing
2an accredited course of instruction leading to the acquisition of a high school diploma
3or its equivalent. The judgment or order may direct the father to pay or contribute
4to the reasonable expenses of the mother's pregnancy and confinement during
5pregnancy and may direct either party to pay or contribute to the costs of genetic
6tests, attorney fees and other costs. Contributions to the costs of genetic tests shall
7be paid to the county which paid for the genetic tests.
AB651-ASA2,212,1310
767.51
(3m) (d) 2. Provide family coverage of health care expenses for the child,
11if eligible for coverage, upon application by the parent, the child's other parent, the
12department or the county child support agency under s. 59.53 (5)
, or upon receiving
13a notice under par. (f) 1.
AB651-ASA2,212,1815
767.51
(3m) (d) 2m. Inform the county child support agency under s. 59.53 (5)
16when coverage of the child under the health benefit plan is in effect and, upon
17request, provide copies of necessary program or policy identification to the child's
18other parent.
AB651-ASA2,212,2420
767.51
(3m) (f) 1. If a parent who provides coverage of the health care expenses
21of a child under an order under this subsection changes employers and that parent
22has a court-ordered child support obligation with respect to the child, the county
23child support agency under s. 59.53 (5) shall provide notice of the order to provide
24coverage of the child's health care expenses to the new employer and to the parent.
AB651-ASA2,213,10
12. The notice provided to the parent shall inform the parent that coverage for
2the child under the new employer's health benefit plan will be in effect upon the
3employer's receipt of the notice. The notice shall inform the parent that he or she
4may, within 10 business days after receiving the notice, by motion request a hearing
5before the court on the issue of whether the order to provide coverage of the child's
6health care expenses should remain in effect. A motion under this subdivision may
7be heard by a family court commissioner. If the parent requests a hearing and the
8court or family court commissioner determines that the order to provide coverage of
9the child's health care expenses should not remain in effect, the court shall provide
10notice to the employer that the order is no longer in effect.
AB651-ASA2, s. 479
11Section
479. 767.51 (3r) (a) (intro.) of the statutes is amended to read:
AB651-ASA2,213,2212
767.51
(3r) (a) (intro.) In making an order of legal custody under sub. (3), the
13court shall
require order a parent who is not granted legal custody to provide to the
14court medical and medical history information that is known to the parent.
If the
15court orders joint legal custody, the court shall require each parent to provide to the
16court medical and medical history information that is known to the parent. The court
17shall
keep the information confidential and may release it only as provided in this
18subsection send the information to the physician or other health care provider with
19primary responsibility for the treatment and care of the child, as designated by the
20parent who is granted legal custody of the child, and advise the physician or other
21health care provider of the identity of the child to whom the information relates. The
22information provided shall include all of the following:
AB651-ASA2,214,1024
767.51
(3r) (am) The physician or other health care provider designated under
25par. (a) shall keep the information separate from other records kept by the physician
1or other health care provider. The information shall be assigned an identification
2number and maintained under the name of the parent who provided the information
3to the court. The patient health care records of the child that are kept by the
4physician or other health care provider shall include a reference to that name and
5identification number. If the child's patient health care records are transferred to
6another physician or other health care provider or another health care facility, the
7records containing the information provided under par. (a) shall be transferred with
8the child's patient health care records. Notwithstanding s. 146.819, the information
9provided under par. (a) need not be maintained by a physician or other health care
10provider after the child reaches age 18.
AB651-ASA2, s. 481
11Section
481. 767.51 (3r) (b) of the statutes is repealed and recreated to read:
AB651-ASA2,214,1312
767.51
(3r) (b) Notwithstanding ss. 146.81 to 146.835, the information shall be
13kept confidential, except only as follows:
AB651-ASA2,214,1814
1. The physician or other health care provider with custody of the information,
15or any other record custodian at the request of the physician or other health care
16provider, shall have access to the information if, in the professional judgment of the
17physician or other health care provider, the information may be relevant to the child's
18medical condition.
AB651-ASA2,214,2119
2. The physician or other health care provider may release only that portion
20of the information, and only to a person, that the physician or other health care
21provider determines is relevant to the child's medical condition.
AB651-ASA2, s. 482
22Section
482. 767.51 (5p) (intro.) of the statutes is amended to read:
AB651-ASA2,215,623
767.51
(5p) (intro.) A party ordered to pay child support under this section shall
24pay simple interest at the rate of 1.5% per month on any amount
unpaid,
25commencing the first day of the 2nd month after the month in which the amount was
1due in arrears that is equal to or greater than the amount of child support due in one
2month. Interest under this subsection is in lieu of interest computed under s. 807.01
3(4), 814.04 (4) or 815.05 (8) and is paid to the clerk of court or support collection
4designee under s. 767.29. Except as provided in s. 767.29 (1m), the clerk of court or
5support collection designee, whichever is appropriate, shall apply all payments
6received for child support as follows:
AB651-ASA2,215,159
767.51
(5p) (intro.) A party ordered to pay child support under this section
10shall pay simple interest at the rate of 1.5% per month on any amount in arrears that
11is equal to or greater than the amount of child support due in one month. Interest
12under this subsection is in lieu of interest computed under s. 807.01 (4), 814.04 (4)
13or 815.05 (8) and is paid to the department or its designee under s. 767.29. Except
14as provided in s. 767.29 (1m), the department or its designee, whichever is
15appropriate, shall apply all payments received for child support as follows:
AB651-ASA2,215,2217
767.51
(5p) (a) First, to payment of child support
due within the calendar
18month during which the payment is withheld from income under s. 767.265 or under
19similar laws of another state. If payment is not made through income withholding,
20the clerk or support collection designee, whichever is appropriate, shall first apply
21child support payments received to payment of child support due within the calendar
22month during which the payment is received.
AB651-ASA2,216,5
1767.52
(2m) Representation by an attorney appointed under sub. (1) shall be
2provided only after the results of any genetic tests
that were ordered by the court 3have been completed and only if all of the results fail to show that the alleged father
4is excluded and fail to give rise to the rebuttable presumption under s. 767.48 (1m)
5that the alleged father is the father of the child.
AB651-ASA2, s. 486
6Section
486
. 767.62 of the statutes is repealed and recreated to read:
AB651-ASA2,216,11
7767.62 Voluntary acknowledgment of paternity. (1) Conclusive
8determination of paternity. A statement acknowledging paternity that is on file
9with the state registrar under s. 69.15 (3) (b) 3. after the last day on which a person
10may timely rescind the statement, as specified in s. 69.15 (3m), is a conclusive
11determination, which shall be of the same effect as a judgment, of paternity.