2015 - 2016 LEGISLATURE
December 29, 2015 - Introduced by Senators Moulton,
Lasee and Olsen,
cosponsored by Representatives
Spiros, Ballweg, Bernier, Duchow,
Horlacher, Knodl, Krug, T. Larson, A. Ott, Sinicki, Skowronski, Thiesfeldt
and Tittl. Referred to Committee on Health and Human Services.
1An Act to create
50.085 of the statutes; relating to: visitation of residents of
2certain facilities by adult children.
Analysis by the Legislative Reference Bureau
This bill allows an adult child who is being prevented from visiting or
communicating with his or her parent to petition a court for visitation. The bill
applies to a parent who is a resident of a hospital, hospice, nursing home, or
community-based residential facility. The court may not grant an adult child's
petition for visitation if the court finds that the resident, while having the capacity
to evaluate and communicate decisions regarding visitation, expresses a desire to not
have visitation with that adult child or that the visitation would not be in the
resident's best interest.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
50.085 of the statutes is created to read:
450.085 Visitation by adult children.
In this section:
(a) "Adult child" means an individual who is at least 18 years of age and who 6
is related to a resident biologically, through adoption, through the marriage or
former marriage of the resident to the biological parent of the adult child, or by a 2
judgment of parentage entered by a court of competent jurisdiction.
(b) "Resident" means an adult resident of any of the following:
1. A hospital, as defined in s. 50.33 (2).
2. A hospice, as defined in s. 50.90 (1).
3. A nursing home, as defined in s. 50.01 (3).
4. A community-based residential facility, as defined in s. 50.01 (1g).
(c) "Visitation" means an in-person meeting or any telephonic, written, or 9
10(2) Petition for visitation.
If an adult child is being denied visitation with a 11
resident the adult child may petition a court to compel visitation with the resident. 12
The court may not issue an order compelling visitation if the court finds any of the 13
(a) The resident, while having the capacity to evaluate and communicate 15
decisions regarding visitation, expresses a desire to not have visitation with that 16
(b) Visitation between the petitioning adult child and the resident is not in the 18
best interest of the resident.