AB476, s. 7
2Section
7. 48.025 (3) (a) of the statutes is created to read:
AB476,6,63
48.025
(3) (a) The department shall keep confidential and may not open to
4public inspection or disclose the contents of any declaration, revocation of a
5declaration, or response to a declaration filed under this section, except as provided
6under pars. (b) and (c) or by order of the court for good cause shown.
AB476, s. 8
7Section
8. 48.025 (3) (c) of the statutes is created to read:
AB476,6,208
48.025
(3) (c) A court in a proceeding under s. 48.13, 48.133, 48.14, or 938.13
9or under a substantially similar law of another state or a person authorized to file
10a petition under s. 48.42, 48.837, or 938.25 or under a substantially similar law of
11another state may request the department to search its files to determine whether
12a person who may be the father of the child who is the subject of the proceeding has
13filed a declaration under this section. If the department has on file a declaration of
14paternal interest in matters affecting the child, the department shall issue to the
15requester a certified copy of the declaration. If the department does not have on file
16a declaration of paternal interest in matters affecting the child, the department shall
17issue to the requester a certified statement that no declaration could be located. The
18department may require a person who requests a search under this paragraph to pay
19a reasonable fee that is sufficient to defray the costs to the department of
20maintaining its file of declarations under this section.
AB476, s. 9
21Section
9. 48.025 (3) (d) of the statutes is created to read:
AB476,7,222
48.025
(3) (d) Any person who obtains any information under this subsection
23may use or disclose that information only for the purposes of a proceeding under s.
2448.13, 48.133, 48.14, or 938.13 or under a substantially similar law of another state
1and may not use or disclose that information for any other purpose except by order
2of the court for good cause shown.
AB476, s. 10
3Section
10. 48.025 (5) of the statutes is created to read:
AB476,7,64
48.025
(5) The department shall publicize, in a manner calculated to provide
5maximum notice to all persons who might claim to be the father of a nonmarital child,
6all of the following information:
AB476,7,87
(a) That a person claiming to be the father of a nonmarital child may file a
8declaration of interest under this section.
AB476,7,99
(b) The procedures for filing a declaration of interest.
AB476,7,1010
(c) The consequences of filing a declaration of interest.
AB476,7,1111
(d) The consequences of not filing a declaration of interest.
AB476, s. 11
12Section
11. 48.025 (6) of the statutes is created to read:
AB476,7,1613
48.025
(6) (a) Any person who makes a false statement in a declaration,
14revocation of a declaration, or response to a declaration filed under this section that
15the person does not believe is true is subject to prosecution for false swearing under
16s. 946.32 (2).
AB476,7,1917
(b) Except as permitted under sub. (3), any person who intentionally obtains,
18uses, or discloses information that is confidential under this section may be fined
19$1,000 or imprisoned for 90 days or both.
AB476, s. 12
20Section
12. 48.27 (3) (b) 1. a. of the statutes is amended to read:
AB476,7,2221
48.27
(3) (b) 1. a. A person who has filed a declaration of
paternal interest under
22s. 48.025.
AB476, s. 13
23Section
13. 48.27 (5) of the statutes is amended to read:
AB476,8,424
48.27
(5) Subject to sub. (3) (b), the court shall make every reasonable effort
25to identify and notify any person who has filed a declaration of
paternal interest
1under s. 48.025
, any person who has acknowledged paternity of the child under s.
2767.62 (1), and any person who has been adjudged to be the
biological father of the
3child in a judicial proceeding unless the
biological father's person's parental rights
4have been terminated.
AB476, s. 14
5Section
14. 48.42 (2) (b) 1. of the statutes is amended to read:
AB476,8,86
48.42
(2) (b) 1. A person who has filed
a an unrevoked declaration of
paternal 7interest under s. 48.025
before the birth of the child or within 14 days after the birth
8of the child.
AB476, s. 15
9Section
15. 48.42 (2) (b) 2. of the statutes is repealed.
AB476, s. 16
10Section
16. 48.42 (2) (b) 3. of the statutes is amended to read:
AB476,8,1411
48.42
(2) (b) 3. A person who
has lived in a familial relationship is openly living 12with the child and
who may be is holding himself out to be the father of the child
at
13the time that the petition is filed or at the time that the child was removed from the
14home.
AB476, s. 17
15Section
17. 48.42 (2) (b) 4. of the statutes is created to read:
AB476,8,2216
48.42
(2) (b) 4. A person who has established a substantial parental
17relationship, as defined in s. 48.415 (6) (b), with the child. In the case of a child who
18is 6 months of age or older on the date on which the petition is filed, a person who
19openly lived with the child and held himself out to be the father of the child for a
20period of 6 months within the one-year period immediately preceding the date on
21which the petition is filed or the date on which the child was removed from the home
22is presumed to have a substantial parental relationship with the child.
AB476, s. 18
23Section
18. 48.42 (2m) of the statutes is renumbered 48.42 (2m) (a) and
24amended to read:
AB476,9,14
148.42
(2m) (a)
Parent as a result of sexual assault. Except as provided in this
2subsection paragraph, notice is not required to be given to a person who may be the
3father of a child conceived as a result of a sexual assault in violation of s. 940.225 (1),
4(2) or (3), 948.02 (1) or (2)
, or 948.025 if a physician attests to his or her belief that
5a sexual assault as specified in this
subsection
paragraph has occurred or if the
6person who may be the father of the child has been convicted of sexual assault as
7specified in this
subsection paragraph for conduct which may have led to the child's
8conception. A person who under this
subsection paragraph is not given notice does
9not have standing to appear and contest a petition for the termination of his parental
10rights
, present evidence relevant to the issue of disposition, or make alternative
11dispositional recommendations. This
subsection
paragraph does not apply to a
12person who may be the father of a child conceived as a result of a sexual assault in
13violation of s. 948.02 (1) or (2) if that person was under 18 years of age at the time
14of the sexual assault.
AB476, s. 19
15Section
19. 48.42 (2m) (b) of the statutes is created to read:
AB476,9,2416
48.42
(2m) (b)
Parent of nonmarital child. A person who may be the father of
17a nonmarital child who is not adopted or whose parents do not subsequently
18intermarry under s. 767.60 and whose paternity has not been established, by virtue
19of the fact that he has engaged in sexual intercourse with the mother of the child, is
20considered to be on notice that a pregnancy and a termination of parental rights
21proceeding concerning the child may occur, and has the duty to protect his own rights
22and interests. He is therefore entitled to actual notice of such a proceeding only as
23provided in sub. (2) (b). Except as provided in s. 48.423 (2), a person who is not
24entitled to notice under sub. (2) (b) does not have standing to appear and contest a
1petition for the termination of his parental rights, present evidence relevant to the
2issue of disposition, or make alternative dispositional recommendations.
AB476, s. 20
3Section
20. 48.422 (6) (a) of the statutes is amended to read:
AB476,10,144
48.422
(6) (a)
If the child is In the case of a nonmarital child who is not adopted
5or whose parents do not subsequently intermarry under s. 767.60 and paternity has
6not been established,
the petitioner, prior to the hearing, shall file with the court a
7certified copy of any declaration of paternal interest filed under s. 48.025 with
8respect to the child or a certified statement of the department, dated no earlier than
915 days after the date of birth of the child, that the department has searched its files
10under s. 48.025 and no declaration with respect to the child could be located. At the
11hearing, the court shall hear testimony concerning the paternity of the child. Based
12on the testimony, the court shall determine whether all interested parties who are
13known have been notified under s. 48.42 (2). If not, the court shall adjourn the
14hearing and order appropriate notice to be given.
AB476, s. 21
15Section
21. 48.423 of the statutes is renumbered 48.423 (1) and amended to
16read:
AB476,11,217
48.423
(1) Right to paternity determination. If a
man who alleges that he is
18the father of the child person appears at the hearing and
wishes to contest the
19termination of his parental rights claims that he is the father of the child, the court
20shall set a date for a hearing on the issue of paternity or, if all parties agree, the court
21may immediately commence hearing testimony concerning the issue of paternity.
22The court shall inform the
man person claiming to be the father of the child of any
23right to counsel under s. 48.23. The
man person claiming to be the father of the child
24must prove paternity by clear and convincing evidence.
A person who establishes his
25paternity of the child under this subsection may further participate in the
1termination of parental rights proceeding only if the person meets the conditions
2specified in sub. (2) or meets a condition specified in s. 48.42 (2) (b) 1., 3., or 4.
AB476, s. 22
3Section
22. 48.423 (2) of the statutes is created to read:
AB476,11,104
48.423
(2) Rights of out-of-state fathers. A person who may be the father
5of a nonmarital child who is not adopted or whose parents do not subsequently
6intermarry under s. 767.60 and whose paternity has not been established may
7contest the petition, present evidence relevant to the issue of disposition, and make
8alternative dispositional recommendations if the person appears at the hearing,
9establishes paternity under sub. (1), and proves all of the following by a
10preponderance of the evidence:
AB476,11,1211
(a) That the person resides and has resided in another state where the mother
12of the child resided or was located at the time of or after the conception of the child.
AB476,11,1413
(b) That the mother left that state without notifying or informing that person
14that she could be located in this state.
AB476,11,1715
(c) That the person attempted to locate the mother through every reasonable
16means, but did not know or have reason to know that the mother was residing or
17located in this state.
AB476,11,2018
(d) That the person has complied with the requirements of the state where the
19mother previously resided or was located to protect and preserve his paternal
20interests in matters affecting the child.
AB476, s. 23
21Section
23. 48.43 (6) of the statutes is amended to read:
AB476,12,222
48.43
(6) Judgments under this subchapter terminating parental rights are
23final
and, are appealable under s. 808.03 (1) according to the procedure specified in
24s. 809.107
, and are subject to a petition for rehearing or a motion for relief only as
25provided in s. 48.46 (1m) and (2). In no event may any person, for any reason,
1collaterally attack a judgment terminating parental rights more than one year after
2the date on which the judgment was entered.
AB476, s. 24
3Section
24. 48.837 (4) (e) of the statutes is amended to read:
AB476,12,154
48.837
(4) (e) Shall, before hearing the petitions under subs. (2) and (3),
5ascertain whether the
child's paternity
of a nonmarital child who is not adopted or
6whose parents do not subsequently intermarry under s. 767.60 has been
7acknowledged under s. 767.62 (1) or a substantially similar law of another state or
8adjudicated in this state or another jurisdiction.
If any person has filed a declaration
9of paternal interest under s. 48.025, the court shall determine the rights of that
10person. If the child's paternity has not been acknowledged or adjudicated
and if no
11person has filed a declaration under s. 48.025, the court shall attempt to ascertain
12the paternity of the child
and shall determine the rights of any person who may be
13the father of the child as provided under s. 48.423 (1). The court may not proceed with
14the hearing on the petitions under this section unless the parental rights of the
15nonpetitioning parent, whether known or unknown, have been terminated.
AB476, s. 25
16Section
25. 48.91 (2) of the statutes is amended to read:
AB476,13,417
48.91
(2) In an adoption proceeding for a nonmarital child who is not adopted
18or whose parents do not subsequently intermarry under s. 767.60, the court shall
19establish
whether the rights of any persons who have filed declarations of paternal
20interest under s. 48.025 have been determined or whether
the child's paternity has
21been acknowledged under s. 767.62 (1) or a substantially similar law of another state
22or adjudicated in this state or in another jurisdiction. If the
court finds that no such
23determination has been made child's paternity has not been acknowledged or
24adjudicated, the court shall
proceed, prior to any action on the petition for adoption,
25to attempt to ascertain the paternity of the child and
the rights of any person who
1has filed a declaration under s. 48.025 shall determine the rights of any person who
2may be the father of the child as provided under s. 48.423 (1). The court may not
3proceed with the hearing on the petition for adoption unless the parental rights of
4the nonpetitioning parent, whether known or unknown, have been terminated.
AB476, s. 26
5Section
26. 938.27 (3) (b) 1. a. of the statutes is amended to read:
AB476,13,76
938.27
(3) (b) 1. a. A person who has filed a declaration of
paternal interest
7under s. 48.025.
AB476, s. 27
8Section
27. 938.27 (5) of the statutes is amended to read:
AB476,13,149
938.27
(5) Subject to sub. (3) (b), the court shall make every reasonable effort
10to identify and notify any person who has filed a declaration of
paternal interest
11under s. 48.025
, any person who has acknowledged paternity of the child under s.
12767.62 (1), and any person who has been adjudged to be the
biological father of the
13juvenile in a judicial proceeding unless the
biological father's person's parental 14rights have been terminated.
AB476,13,2116
(1)
Notice of and participation in termination of parental rights
17proceedings. The treatment of sections 48.42 (2) (b) 1., 2., 3., and 4., 48.422 (6) (a),
1848.837 (4) (e), and 48.91 (2) of the statutes, the renumbering and amendment of
19sections 48.42 (2m) and 48.423 of the statutes, and the creation of sections 48.42 (2m)
20(b) and 48.423 (2) of the statutes first apply to a termination of parental rights
21petition filed on the effective date of this subsection.
AB476,13,2423
(1) This act takes effect on the first day of the 3rd month beginning after
24publication.