AB816: Bill Text

AB816,6,23 45.51 (5) (a) 1. c. The period during which the surviving spouse was married to and lived with the deceased person under sub. (2) (a) 1. or 2. plus the period of widowhood or widowerhood after the death of the deceased person is 6 months or more.

AB816,12 Section 12. 45.55 of the statutes is amended to read:

AB816,7,15 45.55 Notes and mortgages of minor veterans. Notwithstanding any provision of this chapter or any other law to the contrary, any minor who served in the active armed forces of the United States at any time after August 27, 1940, and the husband or wife spouse of such a minor may execute, in his or her own right, notes or mortgages, as defined in s. 851.15, the payment of which is guaranteed or insured by the U.S. department of veterans affairs or the federal housing administrator under the servicemen's readjustment act of 1944, the national housing act, or any acts supplementing or amending these acts. In connection with these transactions, the minors may sell, release, or convey the mortgaged property and litigate or settle controversies arising therefrom, including the execution of releases, deeds, and other necessary papers or instruments. The notes, mortgages, releases, deeds, and other necessary papers or instruments when so executed are not subject to avoidance by the minor or the husband or wife spouse of the minor upon either or both of them attaining the age of 18 because of the minority of either or both of them at the time of the execution thereof.

AB816,13 Section 13. 46.10 (2) of the statutes is amended to read:

AB816,8,20 46.10 (2) Except as provided in subs. (2m) and (14) (b) and (c), any person, including but not limited to a person admitted, committed, protected, or placed under s. 975.01, 1977 stats., s. 975.02, 1977 stats., s. 975.17, 1977 stats., s. 55.05 (5), 2003 stats., and 55.06, 2003 stats., and ss. 51.10, 51.13, 51.15, 51.20, 51.35 (3), 51.37 (5), 51.45 (10), (11), (12) and (13), 55.05, 55.055, 55.12, 55.13, 55.135, 971.14 (2) and (5), 971.17 (1), 975.06 and 980.06, receiving care, maintenance, services , and supplies provided by any institution in this state including University of Wisconsin Hospitals and Clinics, in which the state is chargeable with all or part of the person's care, maintenance, services, and supplies, any person receiving care and services from a county department established under s. 51.42 or 51.437 or from a facility established under s. 49.73, and any person receiving treatment and services from a public or private agency under s. 980.06 (2) (c), 1997 stats., s. 980.08 (5), 2003 stats., or s. 971.17 (3) (d) or (4) (e) or 980.08 (4) (g) and the person's property and estate, including the homestead, and the spouse of the person, and the spouse's property and estate, including the homestead, and, in the case of a minor child, the parents of the person, and their property and estates, including their homestead, and, in the case of a foreign child described in s. 48.839 (1) who became dependent on public funds for his or her primary support before an order granting his or her adoption, the resident of this state appointed guardian of the child by a foreign court who brought the child into this state for the purpose of adoption, and his or her property and estate, including his or her homestead, shall be liable for the cost of the care, maintenance, services, and supplies in accordance with the fee schedule established by the department under s. 46.03 (18). If a spouse, widow surviving spouse, or minor, or an incapacitated person may be lawfully dependent upon the property for their support, the court shall release all or such part of the property and estate from the charges that may be necessary to provide for those persons. The department shall make every reasonable effort to notify the liable persons as soon as possible after the beginning of the maintenance, but the notice or the receipt thereof is not a condition of liability.

AB816,14 Section 14. 48.02 (13) of the statutes is amended to read:

AB816,9,13 48.02 (13) "Parent" means a biological natural parent, a husband who has consented to the artificial insemination of his wife under s. 891.40, or a parent by adoption. If the child is a nonmarital child who is not adopted or whose parents do not subsequently intermarry under s. 767.803, "parent" includes a person acknowledged under s. 767.805 or a substantially similar law of another state or adjudicated to be the biological father. "Parent" does not include any person whose parental rights have been terminated. For purposes of the application of s. 48.028 and the federal Indian Child Welfare Act, 25 USC 1901 to 1963, "parent" means a biological natural parent of an Indian child, an Indian husband spouse who has consented to the artificial insemination of his wife or her spouse under s. 891.40, or an Indian person who has lawfully adopted an Indian child, including an adoption under tribal law or custom, and includes, in the case of a nonmarital Indian child who is not adopted or whose parents do not subsequently intermarry under s. 767.803, a person acknowledged under s. 767.805, a substantially similar law of another state, or tribal law or custom to be the biological father or a person adjudicated to be the biological father, but does not include any person whose parental rights have been terminated.

AB816,15 Section 15. 48.396 (2) (dm) of the statutes is amended to read:

AB816,9,25 48.396 (2) (dm) Upon request of a court having jurisdiction over actions affecting the family, an attorney responsible for support enforcement under s. 59.53 (6) (a) or a party to a paternity proceeding under subch. IX of ch. 767, the party's attorney or the guardian ad litem for the child who is the subject of that proceeding to review or be provided with information from the records of the court assigned to exercise jurisdiction under this chapter and ch. 938 relating to the paternity of a child for the purpose of determining the paternity of the child or for the purpose of rebutting the presumption of paternity under s. 891.405 or the presumption of parentage under s. 891.41 (1), the court assigned to exercise jurisdiction under this chapter and ch. 938 shall open for inspection by the requester its records relating to the paternity of the child or disclose to the requester those records.

AB816,16 Section 16. 48.422 (7) (bm) of the statutes is amended to read:

AB816,10,19 48.422 (7) (bm) Establish whether a proposed adoptive parent of the child has been identified. If a proposed adoptive parent of the child has been identified and the proposed adoptive parent is not a relative of the child, the court shall order the petitioner to submit a report to the court containing the information specified in s. 48.913 (7). The court shall review the report to determine whether any payments or agreement to make payments set forth in the report are coercive to the birth parent of the child or to an alleged to or presumed father of the child or are impermissible under s. 48.913 (4). Making any payment to or on behalf of the any birth parent of the child, an, alleged father, or presumed father parent of the child or the child conditional in any part upon transfer or surrender of the child or the termination of parental rights or the finalization of the adoption creates a rebuttable presumption of coercion. Upon a finding of coercion, the court shall dismiss the petition or amend the agreement to delete any coercive conditions, if the parties agree to the amendment. Upon a finding that payments which that are impermissible under s. 48.913 (4) have been made, the court may dismiss the petition and may refer the matter to the district attorney for prosecution under s. 948.24 (1). This paragraph does not apply if the petition was filed with a petition for adoptive placement under s. 48.837 (2).

AB816,17 Section 17. 48.422 (7) (br) of the statutes is amended to read:

AB816,10,23 48.422 (7) (br) Establish whether any person has coerced a birth parent or any, alleged father, or presumed father parent of the child in violation of s. 48.63 (3) (b) 5. Upon a finding of coercion, the court shall dismiss the petition.

AB816,18 Section 18. 48.432 (1) (am) 2. b. of the statutes is amended to read:

AB816,11,3 48.432 (1) (am) 2. b. If there is no adjudicated father, the husband spouse of the mother at the time the individual or adoptee is conceived or born, or when the parents intermarry under s. 767.803.

AB816,19 Section 19. 48.63 (3) (b) 4. of the statutes is amended to read:

AB816,11,13 48.63 (3) (b) 4. Before a child may be placed under subd. 1., the department, county department, or child welfare agency making the placement and the proposed adoptive parent or parents shall enter into a written agreement that specifies who is financially responsible for the cost of providing care for the child prior to the finalization of the adoption and for the cost of returning the child to the parent who has custody of the child if the adoption is not finalized. Under the agreement, the department, county department, or child welfare agency or the proposed adoptive parent or parents, but not the any birth parent of the child or any, alleged father, or presumed father parent of the child, shall be financially responsible for those costs.

AB816,20 Section 20. 48.63 (3) (b) 5. of the statutes is amended to read:

AB816,11,20 48.63 (3) (b) 5. Prior to termination of parental rights to the child, no person may coerce a birth parent of the child or any, alleged father, or presumed father parent of the child into refraining from exercising his or her right to withdraw consent to the transfer or surrender of the child or to termination of his or her parental rights to the child, to have reasonable visitation or contact with the child, or to otherwise exercise his or her parental rights to the child.

AB816,21 Section 21. 48.82 (1) (a) of the statutes is amended to read:

AB816,11,23 48.82 (1) (a) A husband and wife Spouses jointly, or either the husband or wife if the other spouse is of a parent of the minor.

AB816,22 Section 22. 48.837 (1r) (d) of the statutes is amended to read:

AB816,12,9 48.837 (1r) (d) Before a child may be placed under par. (a), the department, county department, or child welfare agency making the placement and the proposed adoptive parent or parents shall enter into a written agreement that specifies who is financially responsible for the cost of providing care for the child prior to the finalization of the adoption and for the cost of returning the child to the parent who has custody of the child if the adoption is not finalized. Under the agreement, the department, county department, or child welfare agency or the proposed adoptive parent or parents, but not the any birth parent of the child or any, alleged father, or presumed father parent of the child, shall be financially responsible for those costs.

AB816,23 Section 23. 48.837 (1r) (e) of the statutes is amended to read:

AB816,12,16 48.837 (1r) (e) Prior to termination of parental rights to the child, no person may coerce a birth parent of the child or any, alleged father, or presumed father parent of the child into refraining from exercising his or her right to withdraw consent to the transfer or surrender of the child or to termination of his or her parental rights to the child, to have reasonable visitation or contact with the child, or to otherwise exercise his or her parental rights to the child.

AB816,24 Section 24. 48.837 (6) (b) of the statutes is amended to read:

AB816,13,6 48.837 (6) (b) At the beginning of the hearing held under sub. (2), the court shall review the report that is submitted under s. 48.913 (6). The court shall determine whether any payments or the conditions specified in any agreement to make payments are coercive to the any birth parent of the child or to an, alleged father, or presumed father parent of the child or are impermissible under s. 48.913 (4). Making any payment to or on behalf of the a birth parent of the child, an, alleged father, or presumed father parent of the child or the child conditional in any part upon transfer or surrender of the child or the termination of parental rights or the finalization of the adoption creates a rebuttable presumption of coercion. Upon a finding of coercion, the court shall dismiss the petitions under subs. (2) and (3) or amend the agreement to delete any coercive conditions, if the parties agree to the amendment. Upon a finding that payments which that are impermissible under s. 48.913 (4) have been made, the court may dismiss the petition and may refer the matter to the district attorney for prosecution under s. 948.24 (1).

AB816,25 Section 25. 48.837 (6) (br) of the statutes is amended to read:

AB816,13,11 48.837 (6) (br) At the hearing on the petition under sub. (2), the court shall determine whether any person has coerced a birth parent or any, alleged father, or presumed father parent of the child in violation of sub. (1r) (e). Upon a finding of coercion, the court shall dismiss the petitions under subs. (2) and (3).

AB816,26 Section 26. 48.913 (1) (a) of the statutes is amended to read:

AB816,13,14 48.913 (1) (a) Preadoptive counseling for a birth parent of the child or an, alleged father, or presumed father parent of the child.

AB816,27 Section 27. 48.913 (1) (b) of the statutes is amended to read:

AB816,13,17 48.913 (1) (b) Post-adoptive counseling for a birth parent of the child or an, alleged father, or presumed father parent of the child.

AB816,28 Section 28. 48.913 (1) (h) of the statutes is amended to read:

AB816,13,21 48.913 (1) (h) Legal and other services received by a birth parent of the child, an, alleged father, or presumed father parent of the child or the child in connection with the adoption.

AB816,29 Section 29. 48.913 (2) (intro.) of the statutes is amended to read:

AB816,14,4 48.913 (2) Payment of expenses when birth parent is residing in another state. (intro.) Notwithstanding sub. (1), the proposed adoptive parents of a child or a person acting on behalf of the proposed adoptive parents of a child may pay for an expense of a birth parent of the child or an, alleged father, or presumed father parent of the child if the birth parent or the, alleged father, or presumed father parent was residing in another state when the payment was made and when the expense was incurred and if all of the following apply:

AB816,30 Section 30. 48.913 (2) (b) of the statutes is amended to read:

AB816,14,8 48.913 (2) (b) The state in which the birth parent or the, alleged father, or presumed father parent was residing when the payment was made permits the payment of that expense by the proposed adoptive parents of the child.

AB816,31 Section 31. 48.913 (2) (c) (intro.) of the statutes is amended to read:

AB816,14,18 48.913 (2) (c) (intro.) A listing of all payments made under this subsection, a copy of the statutory provisions of the state in which the birth parent or the, alleged father, or presumed father parent was residing when the payments were made that permit those payments to be made by the proposed adoptive parents of the child, and a copy of all orders entered in the state in which the birth parent or the, alleged father, or presumed father parent was residing when the payments were made that relate to the payment of expenses of the birth parent or the, alleged father, or presumed father parent by the proposed adoptive parents of the child is submitted to the court as follows:

AB816,32 Section 32. 48.913 (3) of the statutes is amended to read:

AB816,15,2 48.913 (3) Method of payment. Any payment under sub. (1) or (2) shall be made directly to the provider of a good or service except that a payment under sub. (1) or (2) may be made to a birth parent of the child or to an, alleged father, or presumed father parent of the child as reimbursement of an amount previously paid by the birth parent or by the, alleged father, or presumed father parent if documentation is provided showing that the birth parent or, alleged father, or presumed father parent has made the previous payment.

AB816,33 Section 33. 48.913 (4) of the statutes is amended to read:

AB816,15,7 48.913 (4) Other payments prohibited. The proposed adoptive parents of a child or a person acting on behalf of the proposed adoptive parents may not make any payments to or on behalf of a birth parent of the child, an, alleged father, or presumed father parent of the child or the child except as provided in subs. (1) and (2).

AB816,34 Section 34. 48.913 (7) of the statutes is amended to read:

AB816,15,23 48.913 (7) Report to the court; contents required. The report required under sub. (6) shall include a list of all transfers of anything of value made or agreed to be made by the proposed adoptive parents or by a person acting on their behalf to a birth parent of the child, an, alleged father, or presumed father parent of the child or the child, on behalf of a birth parent of the child, an, alleged father, or presumed father parent of the child or the child, or to any other person in connection with the pregnancy, the birth of the child, the placement of the child with the proposed adoptive parents, or the adoption of the child by the proposed adoptive parents. The report shall be itemized and shall show the goods or services for which payment was made or agreed to be made. The report shall include the dates of each payment, the names and addresses of each attorney, doctor, hospital, agency, or other person or organization receiving any payment from the proposed adoptive parents or a person acting on behalf of the proposed adoptive parents in connection with the pregnancy, the birth of the child, the placement of the child with the proposed adoptive parents, or the adoption of the child by the proposed adoptive parents.

AB816,35 Section 35. 49.141 (1) (j) 1. of the statutes is amended to read:

AB816,15,25 49.141 (1) (j) 1. A biological natural parent.

AB816,36 Section 36. 49.141 (1) (j) 2. of the statutes is repealed.

AB816,37 Section 37. 49.155 (1m) (c) 1g. of the statutes is amended to read:

AB816,16,10 49.155 (1m) (c) 1g. If the individual is a foster parent of the child or a subsidized guardian or interim caretaker of the child under s. 48.623, the child's biological natural or adoptive family has a gross income that is at or below 200% 200 percent of the poverty line. In calculating the gross income of the child's biological natural or adoptive family, the department or county department or agency determining eligibility shall include court-ordered child or family support payments received by the individual, if those support payments exceed $1,250 per month, and income described under s. 49.145 (3) (b) 1. and 3.

AB816,38 Section 38. 49.155 (1m) (c) 1h. of the statutes is amended to read:

AB816,16,20 49.155 (1m) (c) 1h. If the individual is a relative of the child, is providing care for the child under a court order, and is receiving payments under s. 48.57 (3m) or (3n) on behalf of the child, the child's biological natural or adoptive family has a gross income that is at or below 200% 200 percent of the poverty line. In calculating the gross income of the child's biological natural or adoptive family, the department or county department or agency determining eligibility shall include court-ordered child or family support payments received by the individual, if those support payments exceed $1,250 per month, and income described under s. 49.145 (3) (b) 1. and 3.

AB816,39 Section 39. 49.163 (2) (am) 2. of the statutes is amended to read:

AB816,16,25 49.163 (2) (am) 2. If over 24 years of age, be a biological natural or adoptive parent of a child under 18 years of age whose parental rights to the child have not been terminated or be a relative and primary caregiver of a child under 18 years of age.

AB816,40 Section 40. 49.19 (1) (a) 2. a. of the statutes is amended to read:

AB816,17,12 49.19 (1) (a) 2. a. Is living with a parent; a blood relative, including those of half-blood, and including first cousins, nephews or nieces and persons of preceding generations as denoted by prefixes of grand, great or great-great; a stepfather, stepmother stepparent, stepbrother, or stepsister; a person who legally adopts the child or is the adoptive parent of the child's parent, a natural or legally adopted child of such person or a relative of an adoptive parent; or a spouse of any person named in this subparagraph even if the marriage is terminated by death or divorce; and is living in a residence maintained by one or more of these relatives as the child's or their own home, or living in a residence maintained by one or more of these relatives as the child's or their own home because the parents of the child have been found unfit to have care and custody of the child; or

AB816,41 Section 41. 49.19 (4) (d) (intro.) of the statutes is amended to read:

AB816,17,16 49.19 (4) (d) (intro.) Aid may be granted to the mother or stepmother parent or stepparent of a dependent child if he or she is without a husband spouse or if he or she:

AB816,42 Section 42. 49.19 (4) (d) 1. of the statutes is amended to read:

AB816,17,19 49.19 (4) (d) 1. Is the wife spouse of a husband person who is incapacitated for gainful work by mental or physical disability; or

AB816,43 Section 43. 49.19 (4) (d) 2. of the statutes is amended to read:

AB816,17,24 49.19 (4) (d) 2. Is the wife spouse of a husband person who is incarcerated or who is a convicted offender permitted to live at home but precluded from earning a wage because the husband person is required by a court imposed sentence to perform unpaid public work or unpaid community service; or

AB816,44 Section 44. 49.19 (4) (d) 3. of the statutes is amended to read:

AB816,18,3 49.19 (4) (d) 3. Is the wife spouse of a husband person who has been committed to the department pursuant to ch. 975, irrespective of the probable period of such commitment; or

AB816,45 Section 45. 49.19 (4) (d) 4. of the statutes is amended to read:

AB816,18,7 49.19 (4) (d) 4. Is the wife spouse of a husband person who has continuously abandoned or failed to support him or her, if proceedings have been commenced against the husband person under ch. 769; or

AB816,46 Section 46. 49.19 (4) (d) 5. of the statutes is amended to read:

AB816,18,12 49.19 (4) (d) 5. Has been divorced and is without a husband spouse or legally separated from his or her husband spouse and is unable through use of the provisions of law to compel his or her former husband spouse to adequately support the child for whom aid is sought; or

AB816,47 Section 47 . 49.345 (2) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

AB816,19,10 49.345 (2) Except as provided in sub. (14) (b) and (c), any person, including a person placed under s. 48.345 (3), 48.357 (1) or (2m), 938.183, 938.34 (3) or (4d), or 938.357 (1), (2m), (4), or (5) (e), receiving care, maintenance, services, and supplies provided by any institution in this state, in which the state is chargeable with all or part of the person's care, maintenance, services, and supplies, and the person's property and estate, including the homestead, and the spouse of the person, and the spouse's property and estate, including the homestead, and, in the case of a minor child, the parents of the person, and their property and estates, including their homestead, and, in the case of a foreign child described in s. 48.839 (1) who became dependent on public funds for his or her primary support before an order granting his or her adoption, the resident of this state appointed guardian of the child by a foreign court who brought the child into this state for the purpose of adoption, and his or her property and estate, including his or her homestead, shall be liable for the cost of the care, maintenance, services, and supplies in accordance with the fee schedule established by the department under s. 49.32 (1). If a spouse, widow surviving spouse, or minor, or an incapacitated person may be lawfully dependent upon the property for his or her support, the court shall release all or such part of the property and estate from the charges that may be necessary to provide for the person. The department shall make every reasonable effort to notify the liable persons as soon as possible after the beginning of the maintenance, but the notice or the receipt of the notice is not a condition of liability.

AB816,48 Section 48. 49.43 (12) of the statutes is amended to read:

AB816,19,14 49.43 (12) "Spouse" means the legal husband or wife of person to whom the beneficiary is legally married, whether or not the person is eligible for medical assistance.

AB816,49 Section 49. 49.471 (1) (b) 2. of the statutes is amended to read:

AB816,19,16 49.471 (1) (b) 2. A stepfather, stepmother stepparent, stepbrother, or stepsister.

AB816,50 Section 50. 49.90 (4) of the statutes is amended to read:

AB816,20,19 49.90 (4) The circuit court shall in a summary way hear the allegations and proofs of the parties and by order require maintenance from these relatives, if they have sufficient ability, considering their own future maintenance and making reasonable allowance for the protection of the property and investments from which they derive their living and their care and protection in old age, in the following order: First the husband or wife spouse; then the father and the mother parents; and then the grandparents in the instances in which sub. (1) (a) 2. applies. The order shall specify a sum which will be sufficient for the support of the dependent person under sub. (1) (a) 1. or the maintenance of a child of a dependent person under sub. (1) (a) 2., to be paid weekly or monthly, during a period fixed by the order or until the further order of the court. If the court is satisfied that any such relative is unable wholly to maintain the dependent person or the child, but is able to contribute to the person's support or the child's maintenance, the court may direct 2 or more of the relatives to maintain the person or the child and prescribe the proportion each shall contribute. If the court is satisfied that these relatives are unable together wholly to maintain the dependent person or the child, but are able to contribute to the person's support or the child's maintenance, the court shall direct a sum to be paid weekly or monthly by each relative in proportion to ability. Contributions directed by court order, if for less than full support, shall be paid to the department of health services or the department of children and families, whichever is appropriate, and distributed as required by state and federal law. An order under this subsection that relates to maintenance required under sub. (1) (a) 2. shall specifically assign responsibility for and direct the manner of payment of the child's health care expenses, subject to the limitations under subs. (1) (a) 2. and (11). Upon application of any party affected by the order and upon like notice and procedure, the court may modify such an order. Obedience to such an order may be enforced by proceedings for contempt.

AB816,51 Section 51. 54.01 (36) (a) of the statutes is amended to read:

AB816,20,25 54.01 (36) (a) An individual who obtains or consents to a final decree or judgment of divorce from the decedent or an annulment of their marriage, if the decree or judgment is not recognized as valid in this state, unless the 2 subsequently participated in a marriage ceremony purporting to marry each other or they subsequently held themselves out as husband and wife married to each other.

AB816,52 Section 52. 54.960 (1) of the statutes is amended to read:

AB816,21,8 54.960 (1) Beneficial interests in a custodial trust created for multiple beneficiaries are deemed to be separate custodial trusts of equal undivided interests for each beneficiary. Except in a transfer or declaration for use and benefit of husband and wife 2 individuals who are married to each other, for whom survivorship is presumed, a right of survivorship does not exist unless the instrument creating the custodial trust specifically provides for survivorship or survivorship is required as to marital property.

AB816,53 Section 53. 69.03 (15) of the statutes is amended to read:

AB816,21,13 69.03 (15) Periodically provide to each county child support agency under s. 59.53 (5) a list of names and, notwithstanding s. 69.20 (2) (a), addresses of registrants who reside in that county for whom no father's name only one parent's name has been inserted on the registrant's birth certificate within 6 months of birth.

AB816,54 Section 54. 69.05 (3m) (intro.), (a) and (b) of the statutes are amended to read:

AB816,21,18 69.05 (3m) (intro.) If the mother a parent of a registrant of a birth certificate resides in a city and the birth certificate is not filed in such city, send a copy of the birth certificate to the local health department with jurisdiction for the city if all of the following are true:

AB816,21,20 (a) The local health department has a maternal-child visitation or information program;.

AB816,21,22 (b) The local health department has requested the copy and notified the state registrar of its request; and.

AB816,55 Section 55. 69.11 (4) (b) of the statutes is amended to read: