2023 - 2024 LEGISLATURE
January 11, 2024 - Introduced by Senators Spreitzer, Carpenter, Agard,
Hesselbein, Larson, Pfaff, Roys, Smith and Wirch, cosponsored by
Representatives Snodgrass, Cabrera, Neubauer, Ratcliff, Clancy, C.
Anderson, J. Anderson, Andraca, Baldeh, Bare, Conley, Emerson, Hong,
Jacobson, Joers, Madison, Moore Omokunde, Ohnstad, Palmeri, Riemer,
Shankland, Shelton, Sinicki, Subeck and Vining. Referred to Committee on
Mental Health, Substance Abuse Prevention, Children and Families.
SB907,4,9
1An Act to repeal 102.51 (1) (a) 2., 115.76 (12) (a) 2., 115.76 (12) (a) 3., 767.89 (2)
2(b) 1., 2. and 3. and 769.401 (2) (g);
to renumber 767.84 (1) (a) 1. and 2.;
to
3renumber and amend 767.84 (1) (a) 3., 767.89 (2) (b) (intro.) and 891.41 (1)
4(b);
to amend 29.219 (4), 29.228 (5), 29.228 (6), 29.229 (2) (i), 29.2295 (2) (i),
529.563 (3) (a) 3., 29.607 (3), 45.01 (6) (c), 45.51 (3) (c) 2., 45.51 (5) (a) 1. b., 45.51
6(5) (a) 1. c., 45.55, 46.03 (34), 46.10 (2), 46.238, 48.02 (13), 48.025 (title), 48.025
7(1), 48.025 (2) (a), 48.025 (2) (b), 48.025 (2) (c), 48.025 (2) (d), 48.025 (3) (b),
848.025 (3) (c), 48.025 (5) (a) 1., 48.19 (1) (cm), 48.193 (1) (c), 48.20 (8) (b), 48.203
9(4), 48.203 (5), 48.203 (6) (a), 48.205 (1) (d), 48.205 (1m), 48.21 (1) (b) 4., 48.213
10(1) (b), 48.217 (1) (c) 2., 48.217 (4), 48.23 (2m) (b), 48.245 (2r), 48.245 (3), 48.245
11(4), 48.245 (5), 48.245 (8), 48.255 (1m) (f), 48.255 (1m) (g), 48.255 (4), 48.27 (3)
12(b) 1. and 2., 48.27 (3) (c), 48.27 (4) (b) 2., 48.27 (5), 48.295 (1), 48.299 (1) (a),
1348.299 (6) (intro.), 48.299 (6) (e) 1., 48.299 (6) (e) 2., 48.299 (6) (e) 3., 48.299 (6)
14(e) 4., 48.299 (7), 48.299 (8), 48.30 (2), 48.32 (1) (a), 48.33 (2), 48.33 (4) (intro.),
148.345 (intro.), 48.345 (14) (a), 48.347 (intro.), 48.347 (6) (a), 48.355 (1), 48.355
2(2) (b) 2m., 48.355 (4g) (a) 1., 48.356 (1), 48.357 (1) (am) 2. b., 48.357 (5r), 48.361
3(2) (a) 1m., 48.362 (3m), 48.41 (2) (c), 48.415 (6) (b), 48.415 (9) (a) and (b), 48.42
4(1g), 48.42 (2) (b) 1., 48.42 (2) (b) 2., 48.42 (2) (bm) 1., 48.42 (2m) (b), 48.42 (4)
5(b) 5., 48.422 (6) (a), 48.422 (7) (bm), 48.422 (7) (br), 48.423 (1) and (2), 48.43 (6)
6(b), 48.432 (1) (am) 1., 48.432 (1) (am) 2. b., 48.435, 48.63 (3) (b) 4., 48.63 (3) (b)
75., 48.82 (1) (a), 48.837 (1r) (d), 48.837 (1r) (e), 48.837 (6) (b), 48.837 (6) (br),
848.837 (8), 48.913 (1) (a), 48.913 (1) (b), 48.913 (1) (c), 48.913 (1) (f), 48.913 (1)
9(i), 48.913 (1) (m), 48.913 (2) (intro.), 48.913 (2) (b), 48.913 (2) (c) (intro.), 48.913
10(3), 48.9795 (1) (a) 1. c. and (b), 48.9795 (4) (e) 3., 49.141 (1) (i) 3., 49.141 (1) (j)
111., 49.141 (1) (j) 2., 49.141 (1) (j) 4., 49.141 (1) (j) 5., 49.141 (1) (j) 6., 49.148 (1m)
12(title), 49.148 (1m) (a) 2., 49.148 (1m) (c) 2., 49.155 (1m) (c) 1g., 49.155 (1m) (c)
131h., 49.162 (2m) (a) 2., 49.162 (2m) (b) 2., 49.163 (2) (am) 2., 49.19 (1) (a) 2. a.,
1449.19 (4) (d) (intro.), 49.19 (4) (d) 1., 49.19 (4) (d) 2., 49.19 (4) (d) 3., 49.19 (4) (d)
154., 49.19 (4) (d) 5., 49.225 (2), 49.225 (3) (a), 49.26 (1) (g) 11., 49.345 (2), 49.43
16(12), 49.463 (3) (b) 2. a., 49.471 (1) (b) 2., 49.79 (6q) (b) 2. a., 49.90 (4), 51.13 (4)
17(h) 4., 54.01 (36) (a), 54.960 (1), 69.03 (14), 69.03 (15), 69.11 (4) (b), 69.12 (5),
1869.13 (intro.), 69.13 (2) (b) 4., 69.14 (1) (c) 4., 69.14 (1) (cm), 69.14 (1) (e), 69.14
19(1) (f) 1., 69.14 (1) (g), 69.14 (1) (h), 69.14 (2) (b) 2. c. and d., 69.15 (1), 69.15 (3)
20(a) (intro.), 1., 2. and 3. and (b) 1., 2., 3. and 4. (intro.), a. and b., 69.15 (3m) (title),
2169.15 (3m) (a) 3. and (b), 69.18 (1) (e) 1. (intro.), 69.20 (2) (b), 71.03 (2) (d) (title),
2271.03 (2) (d) 1., 71.03 (2) (d) 2., 71.03 (2) (d) 3., 71.03 (2) (g), 71.03 (2) (m) 2., 71.03
23(4) (a), 71.05 (22) (a) (title), 71.07 (5m) (a) 3., 71.07 (9e) (b), 71.09 (13) (a) 2., 71.52
24(4), 71.83 (1) (a) 8., 71.83 (1) (b) 5., 77.25 (8m), 77.54 (7) (b) 1., 101.91 (5m),
25102.07 (5) (b), 102.07 (5) (c), 102.51 (1) (a) 1., 103.10 (1) (h), 103.165 (3) (a) 3.,
1111.32 (12), 115.76 (12) (a) 1., 115.76 (12) (a) 4., 115.76 (13), 146.0255 (2),
2146.0255 (3) (intro.) and (b), 146.0257 (2), 146.34 (1) (f), 146.817 (1), 157.05,
3182.004 (6), 250.04 (3) (a), 253.165, 301.01 (2) (cm), 301.12 (2), 301.50 (1), 441.15
4(4), 700.19 (2), 705.01 (4), 705.01 (4m), 706.09 (1) (e), 757.69 (1) (g) 2., 757.69
5(1) (g) 9., 757.69 (1m) (d), 765.001 (2), 765.01, 765.03 (1), 765.12 (1) (a), 765.16
6(1m) (intro.), 765.16 (1m) (c), 765.23, 765.24, 765.30 (3) (a), 766.587 (7) (form)
79., 766.588 (9) (form) 13., 766.589 (10) (form) 14., 767.001 (1m), 767.215 (2) (b),
8767.215 (5) (a) 2., 767.323, 767.43 (3) (b) and (4), 767.80 (1) (c), 767.80 (1) (d),
9767.80 (1) (k), 767.80 (1m), 767.80 (2), 767.80 (5) (a) and (b), 767.80 (5m), 767.80
10(6m), 767.80 (6r) (a) 1., 2. c. and 3., 767.803, 767.804 (1) (title), 767.804 (1) (a)
11(intro.), 1., 3. and 4., 767.804 (1) (b) (intro.), 2., 3. and 4., 767.804 (1) (c) 1. and
122., 767.804 (1) (d), 767.804 (2), 767.804 (3) (d) 1. and 2., 767.804 (4) (a) 1. (intro.),
13767.804 (4) (a) 2., 767.805 (2) (b), 767.805 (4) (d), 767.805 (5) (b), 767.813 (5) (a),
14(b) and (c), 767.813 (5g), 767.815 (2) (a) and (b), 767.82 (2m) and (4), 767.83 (1),
15767.84 (1) (a) (intro.), 767.84 (1) (b) (intro.) and 2., 767.84 (4), 767.84 (6), 767.85
16(1), 767.855, 767.863 (1m), 767.863 (2), 767.87 (1) (a), (b), (d) and (e), 767.87 (1m)
17(intro.), 767.87 (2), 767.87 (3), 767.87 (6), 767.87 (9), 767.87 (10), 767.88 (2) (b)
18and (c), 767.883 (1), 767.89 (2) (a), 767.89 (3) (e), 767.893 (1m), (2) (b) 1. and 2.
19and (2m) (a), 767.895 (intro.), 769.201 (1m) (g), 769.316 (4), 769.316 (9), 769.401
20(2) (a), 770.07 (2), 786.36 (1) (c), 808.075 (4) (a) 4., 815.20 (1), 822.40 (4), 851.30
21(2) (a), 852.01 (1) (d), 852.01 (1) (f) 1., 852.01 (1) (f) 2., 852.01 (1) (f) 3., 852.05
22(1) and (2), 854.03 (3), 891.39 (title), 891.39 (1) (a), 891.39 (2) (a), 891.39 (3),
23891.395, 891.40, 891.405, 891.407, 891.41 (title), 891.41 (1) (intro.), 891.41 (1)
24(a), 891.41 (2), 905.04 (4) (e) 3., 905.05 (title), 938.02 (13), 938.27 (3) (b), 938.27
25(5), 938.299 (6) (intro.), 938.299 (6) (e) 1., 2., 3. and 4., 938.299 (7) and (8),
1938.355 (4g) (a) 1., 939.24 (1), 939.25 (1), 940.01 (1) (b), 940.02 (1m), 940.05 (2g)
2(intro.), 940.05 (2h), 940.195 (1), 940.195 (2), 940.195 (4), 940.195 (5), 940.23 (1)
3(b), 943.20 (2) (c), 943.201 (1) (b) 8., 943.205 (2) (b), 944.17 (3), 944.20 (2), 948.10
4(2) (b), 948.31 (2) and 990.01 (19j) (b);
to repeal and recreate 69.15 (3) (title),
5subchapter IX (title) of chapter 767 [precedes 767.80] and 767.80 (1) (b); and
to
6create 48.02 (5k), 69.15 (3) (b) 3m., 765.02 (3), 767.84 (1) (a) 2m., 891.41 (3),
7938.02 (5s), 990.01 (22h), 990.01 (39) and 990.01 (40m) of the statutes;
relating
8to: adopting gender-neutral terminology and incorporating gender-neutral
9marriage and parentage rights.
Analysis by the Legislative Reference Bureau
Summary
This bill recognizes same-sex marriage by making references in the statutes
to spouses gender-neutral, with the intent of harmonizing the Wisconsin Statutes
with the holding of the U.S. Supreme Court in Obergefell v. Hodges, 135 S. Ct. 2584,
192 L. Ed. 2d 609 (2015), which recognizes that same-sex couples have a
fundamental constitutional right to marriage. The bill also recognizes legal
parentage for same-sex couples under certain circumstances and adopts
gender-neutral parentage terminology.
Same-sex marriage
The bill provides that marriage may be contracted between persons of the same
sex and confers the same rights and responsibilities on married persons of the same
sex that married persons of different sexes have under current law. The bill defines
“spouse" as a person who is legally married to another person of the same sex or a
different sex and replaces every reference to “husband" or “wife" in current law with
“spouse." The bill makes applicable to married persons of the same sex all provisions
under current law that apply to married persons of different sexes. These provisions
relate to such diverse areas of the law as income tax, marital property, inheritance
rights, divorce, child and spousal support, insurance coverage, family and spousal
recreational licenses, consent to conduct an autopsy, domestic abuse, and eligibility
for various types of benefits, such as retirement or death benefits and medical
assistance.
Parentage
In addition to making statutory references to spouses gender-neutral, the bill
specifies ways in which couples of the same sex may be the legal parents of a child,
recognizes that a transgender person may become pregnant and give birth to a child,
and makes current references in the statutes to “mother" and “father," and related
terms, gender-neutral.
Under current law, all of the following may adopt a child: a husband and wife
jointly, a husband or wife whose spouse is the parent of the child, and an unmarried
adult. Because the bill makes references in the statutes to spouses gender-neutral,
same-sex spouses jointly may adopt a child and become the legal parents of the child,
and a same-sex spouse of a person who is the parent of a minor child may adopt the
child and become the legal parent of his or her spouse's child.
Under current law, if a woman is artificially inseminated under the supervision
of a physician with semen donated by a man who is not her husband and the husband
consents in writing to the artificial insemination of his wife, the husband is the
natural father of any child conceived. Under the bill, one spouse may also consent
to the artificial insemination of his or her spouse and is the natural parent of the child
conceived. The artificial insemination is not required to take place under the
supervision of a physician, but, if it does not, the semen used for the insemination
must have been obtained from a sperm bank.
Under current law, a man is presumed to be the father of a child if he and the
child's natural mother 1) were married to each other when the child was conceived
or born or 2) married each other after the child was born but had a relationship with
each other when the child was conceived and no other man has been adjudicated to
be the father or is presumed to be the father because the man was married to the
mother when the child was conceived or born. The paternity presumption may be
rebutted in a legal action or proceeding by the results of a genetic test showing that
the statistical probability of another man's parentage is 99.0 percent or higher. The
bill expands this presumption into a parentage presumption, so that a person is
presumed to be the natural parent of a child if he or she 1) was married to the person
who gave birth to the child when the child was conceived or born or 2) married the
person who gave birth to the child after the child was born but had a relationship with
the person who gave birth to the child when the child was conceived and no person
has been adjudicated to be the child's parent and no other person is presumed to be
the child's parent because he or she was married, at the time the child was born, to
the person who gave birth to the child. The parentage presumption may still be
rebutted by the results of a genetic test showing that the statistical probability of
another person's parentage is 99.0 percent or higher. Expanding on current law, the
bill allows for a parentage action to be brought for the purpose of rebutting the
parentage presumption, regardless of whether that presumption applies to a male
or female spouse.
Current law provides that a mother and a man may sign a statement
acknowledging paternity and file it with the state registrar. If the state registrar has
received such a statement, the man is presumed to be the father of the child. Under
current law, either person who has signed a statement acknowledging paternity may
rescind the statement before an order is filed in an action affecting the family
concerning the child or within 60 days after the statement is filed, whichever occurs
first. Under current law, a man who has filed a statement acknowledging paternity
that is not rescinded within the time period is conclusively determined to be the
father of the child. The bill provides that two people may sign a statement
acknowledging parentage and file it with the state registrar. If the state registrar
has received such a statement, the people who have signed the statement are
presumed to be the parents of the child. Under the bill, a statement acknowledging
parentage that is not rescinded conclusively establishes parentage with regard to the
person who did not give birth to the child and who signed the statement.
Under current law, the paternity of a child may be established by genetic testing
in an administrative determination of paternity or in a paternity action in court. The
bill changes the term “paternity” to “parentage” in the context of establishing the
parent of a child by genetic testing.
The bill defines “natural parent" as a parent of a child who is not an adoptive
parent, whether the parent is biologically related to the child or not. Thus, a person
who is a biological parent, a parent by consenting to the artificial insemination of his
or her spouse, or a parent under the parentage presumption is a natural parent of
a child. The definition applies throughout the statutes wherever the term “natural
parent" is used. In addition, the bill expands some references in the statutes to
“biological parent" by changing the reference to “natural parent."
Birth certificates
Generally, the bill substitutes the term “spouse" for “husband" in the birth
certificate statutes and enters the spouse, instead of the husband, of the person who
has given birth on the birth certificate at times when a husband would currently be
entered on a birth certificate. The name of the person who has given birth is entered
on a birth certificate when the person gives birth to a child, and current law specifies
when another name should be entered on the birth certificate. Current law requires
that if a birth mother is married at any time from the conception to the birth of a
child, then her husband's name is entered on the birth certificate as the legal father
of the child. Under the bill, if a person who gives birth is married at any time from
the conception to the birth of the child, then that person's spouse's name is entered
as a legal parent of the child. The bill also specifies that, in the instance that a second
parent's name is initially omitted from the birth certificate, if the state registrar
receives a signed acknowledgement of parentage by people presumed to be parents
because the two people married after the birth of the child, the two people had a
relationship during the time the child was conceived, no person is adjudicated to be
the father, and no other person is presumed to be the parent, then the state registrar
must enter the name of the spouse of the person who gave birth as a parent on the
birth certificate.
Because this bill relates to an exemption from state or local taxes, it may be
referred to the Joint Survey Committee on Tax Exemptions for a report to be printed
as an appendix to the bill.
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:
SB907,1
1Section 1
. 29.219 (4) of the statutes is amended to read:
SB907,7,52
29.219
(4) Husband and wife Spouses resident licenses. A combined
husband
3and wife spouses resident fishing license shall be issued subject to s. 29.024 by the
4department to residents applying for this license. This license confers upon both
5husband and wife spouses the privileges of resident fishing licenses.
SB907,2
6Section 2
. 29.228 (5) of the statutes is amended to read:
SB907,7,107
29.228
(5) Annual family fishing license. The department shall issue a
8nonresident annual family fishing license, subject to s. 29.024, to any nonresident
9who applies for this license. This license entitles the
husband, wife spouses and any
10minor children to fish under this license.
SB907,3
11Section 3
. 29.228 (6) of the statutes is amended to read:
SB907,7,1512
29.228
(6) Fifteen-day family fishing license. The department shall issue a
13nonresident 15-day family fishing license, subject to s. 29.024, to any nonresident
14who applies for this license. This license entitles the
husband, wife spouses and any
15minor children to fish under this license.
SB907,4
16Section 4
. 29.229 (2) (i) of the statutes is amended to read:
SB907,7,1717
29.229
(2) (i)
Husband and wife
Spouses fishing licenses.
SB907,5
18Section 5
. 29.2295 (2) (i) of the statutes is amended to read:
SB907,7,1919
29.2295
(2) (i)
Husband and wife
Spouses fishing licenses.
SB907,6
20Section 6
. 29.563 (3) (a) 3. of the statutes is amended to read:
SB907,7,2121
29.563
(3) (a) 3.
Husband and wife
Spouses: $30.25.
SB907,7
1Section
7. 29.607 (3) of the statutes is amended to read:
SB907,8,112
29.607
(3) License required; exceptions; wild rice identification card. Every
3person over the age of 16 and under the age of 65 shall obtain the appropriate wild
4rice license to harvest or deal in wild rice but no license to harvest is required of the
5members of the immediate family of a licensee or of a recipient of old-age assistance
6or members of their immediate families. The department, subject to s. 29.024 (2g)
7and (2r), shall issue a wild rice identification card to each member of a licensee's
8immediate family, to a recipient of old-age assistance and to each member of the
9recipient's family. The term “immediate family" includes
husband and wife spouses 10and minor children having their abode and domicile with the parent or legal
11guardian.
SB907,8
12Section 8
. 45.01 (6) (c) of the statutes is amended to read:
SB907,8,1513
45.01
(6) (c) The
biological
natural or adoptive parent or a person who acts in
14the place of a parent and who has so acted for not less than 12 months prior to the
15veteran's entrance into active service.
SB907,9
16Section 9
. 45.51 (3) (c) 2. of the statutes is amended to read:
SB907,8,1817
45.51
(3) (c) 2. The department may deviate from this sequence upon order of
18the board to prevent the separation of
a husband and wife spouses.
SB907,10
19Section 10
. 45.51 (5) (a) 1. b. of the statutes is amended to read:
SB907,8,2320
45.51
(5) (a) 1. b. Was married to the person under sub. (2) (a) 1. or 2. at the time
21the person entered the service and who became a
widow or widower surviving spouse 22by the death of the person while in the service or as a result of physical disability of
23the person incurred during the service.
SB907,11
24Section 11
. 45.51 (5) (a) 1. c. of the statutes is amended to read:
SB907,9,4
145.51
(5) (a) 1. c. The period during which the surviving spouse was married
2to and lived with the deceased person under sub. (2) (a) 1. or 2. plus the period
of
3widowhood or widowerhood after the death of the deceased person is 6 months or
4more.
SB907,12
5Section 12
. 45.55 of the statutes is amended to read:
SB907,9,20
645.55 Notes and mortgages of minor veterans. Notwithstanding any
7provision of this chapter or any other law to the contrary, any minor who served in
8the active armed forces of the United States at any time after August 27,
1940, and
9the
husband or wife spouse of such a minor may execute, in his or her own right, notes
10or mortgages, as defined in s. 851.15, the payment of which is guaranteed or insured
11by the U.S. department of veterans affairs or the federal housing administrator
12under the servicemen's readjustment act of 1944, the national housing act, or any
13acts supplementing or amending these acts. In connection with these transactions,
14the minors may sell, release
, or convey the mortgaged property and litigate or settle
15controversies arising therefrom, including the execution of releases, deeds, and other
16necessary papers or instruments. The notes, mortgages, releases, deeds
, and other
17necessary papers or instruments when so executed are not subject to avoidance by
18the minor or the
husband or wife spouse of the minor upon either or both of them
19attaining the age of 18 because of the minority of either or both of them at the time
20of the execution thereof.
SB907,13
21Section 13
. 46.03 (34) of the statutes is amended to read:
SB907,9,2522
46.03
(34) Fetal alcohol syndrome and drug danger information. The
23department shall acquire, without cost if possible, information that describes the
24causes and effects of fetal alcohol syndrome and the dangers to a fetus from the
25mother's use of cocaine or other drugs
by the pregnant person during pregnancy and
1shall distribute the information free of charge to each county clerk so that each
2county clerk may provide information to marriage license applicants under s. 765.12
3(1) (a) and domestic partnership applicants under s. 770.07 (2).
SB907,14
4Section 14
. 46.10 (2) of the statutes is amended to read:
SB907,11,85
46.10
(2) Except as provided in subs. (2m) and (14) (b) and (c), any person,
6including but not limited to a person admitted, committed, protected, or placed under
7s. 975.01, 1977 stats., s. 975.02, 1977 stats., s. 975.17, 1977 stats., s. 55.05 (5), 2003
8stats., and s. 55.06, 2003 stats., and ss. 51.10, 51.13, 51.15, 51.20, 51.35 (3), 51.37 (5),
951.45 (10), (11), (12) and (13), 55.05, 55.055, 55.12, 55.13, 55.135, 971.14 (2) and (5),
10971.17 (1), 975.06 and 980.06, receiving care, maintenance, services
, and supplies
11provided by any institution in this state including University of Wisconsin Hospitals
12and Clinics, in which the state is chargeable with all or part of the person's care,
13maintenance, services
, and supplies, any person receiving care and services from a
14county department established under s. 51.42 or 51.437 or from a facility established
15under s. 49.73, and any person receiving treatment and services from a public or
16private agency under s. 980.06 (2) (c), 1997 stats., s. 980.08 (5), 2003 stats., or s.
17971.17 (3) (d) or (4) (e) or 980.08 (4) (g) and the person's property and estate, including
18the homestead, and the spouse of the person, and the spouse's property and estate,
19including the homestead, and, in the case of a minor child, the parents of the person,
20and their property and estates, including their homestead, and, in the case of a
21foreign child described in s. 48.839 (1) who became dependent on public funds for his
22or her primary support before an order granting his or her adoption, the resident of
23this state appointed guardian of the child by a foreign court who brought the child
24into this state for the purpose of adoption, and his or her property and estate,
25including his or her homestead, shall be liable for the cost of the care, maintenance,
1services
, and supplies in accordance with the fee schedule established by the
2department under s. 46.03 (18). If a spouse,
widow
surviving spouse, or minor, or an
3incapacitated person may be lawfully dependent upon the property for their support,
4the court shall release all or such part of the property and estate from the charges
5that may be necessary to provide for those persons. The department shall make
6every reasonable effort to notify the liable persons as soon as possible after the
7beginning of the maintenance, but the notice or the receipt thereof is not a condition
8of liability.
SB907,15
9Section 15
. 46.238 of the statutes is amended to read:
SB907,11,24
1046.238 Infants and
Infant or unborn children whose mothers abuse
11child of a person who has abused controlled substances, controlled
12substance analogs, or alcohol during pregnancy. If an agency, as defined in s.
1348.981 (1) (ag), receives a report under s. 146.0255 (2) or 146.0257 (2) and that agency
14is a county department under s. 46.22 or 46.23 or a licensed child welfare agency
15under contract with that county department, the agency shall offer to provide
16appropriate services and treatment to the infant and the
infant's mother person who
17gave birth to the infant or to the unborn child, as defined in s. 48.02 (19), and the
18expectant mother of person pregnant with the unborn child or the agency shall make
19arrangements for the provision of appropriate services and treatment. If an agency
20receives a report under s. 146.0255 (2) or 146.0257 (2) and that agency is the
21department or a licensed child welfare agency under contract with the department,
22the agency shall refer the report to the county department under s. 51.42 or 51.437
23and that county department shall offer to provide, or make arrangements for the
24provision of, those services and that treatment.
SB907,16
25Section 16
. 48.02 (5k) of the statutes is created to read:
SB907,12,1
148.02
(5k) “Expectant parent” means a person who is pregnant.
SB907,17
2Section
17. 48.02 (13) of the statutes is amended to read:
SB907,12,223
48.02
(13) “Parent" means a
biological natural parent, a
husband
spouse who
4has consented to the artificial insemination of his
wife or her spouse under s. 891.40,
5or a parent by adoption. If the child is a nonmarital child who is not adopted or whose
6parents do not subsequently intermarry under s. 767.803, “parent" includes a person
7conclusively determined from genetic test results to be the
father parent under s.
8767.804
or, a person acknowledged under s. 767.805 or a substantially similar law
9of another state
to be a natural parent, or
a person adjudicated to be
the biological
10father a natural parent. “Parent" does not include any person whose parental rights
11have been terminated. For purposes of the application of s. 48.028 and the federal
12Indian Child Welfare Act,
25 USC 1901 to
1963, “parent" means a
biological natural 13parent
of an Indian child, an Indian
husband spouse who has consented to the
14artificial insemination of his
wife or her spouse under s. 891.40, or an Indian person
15who has lawfully adopted an Indian child, including an adoption under tribal law or
16custom, and includes, in the case of a nonmarital
Indian child who is not adopted or
17whose parents do not subsequently intermarry under s. 767.803, a person
18conclusively determined from genetic test results to be the
father parent under s.
19767.804, a person acknowledged under s. 767.805, a substantially similar law of
20another state, or tribal law or custom to be the
biological father natural parent, or
21a person adjudicated to be the
biological father
natural parent, but does not include
22any person whose parental rights have been terminated.
SB907,18
23Section 18
. 48.025 (title) of the statutes is amended to read:
SB907,12,25
2448.025 (title)
Declaration of paternal parental interest in matters
25affecting children.
SB907,19
1Section
19. 48.025 (1) of the statutes is amended to read:
SB907,13,72
48.025
(1) Any person claiming to be the
father parent of a nonmarital child
3who is not adopted or whose parents do not subsequently intermarry under s.
4767.803 and whose
paternity parentage has not been established may, in accordance
5with procedures under this section, file with the department a declaration of
his 6parental interest in matters affecting the child. The department may not charge a
7fee for filing a declaration under this section.
SB907,20
8Section 20
. 48.025 (2) (a) of the statutes is amended to read:
SB907,13,119
48.025
(2) (a) A declaration under sub. (1) may be filed at any time before a
10termination of
the father's a person's parental rights under subch. VIII. This
11paragraph does not apply to a declaration that is filed on or after July 1, 2006.
SB907,21
12Section 21
. 48.025 (2) (b) of the statutes is amended to read:
SB907,13,1713
48.025
(2) (b) A declaration under sub. (1) may be filed at any time before the
14birth of the child or within 14 days after the birth of the child, except that a
man 15person who receives a notice under s. 48.42 (1g) (b) may file a declaration within 21
16days after the date on which the notice was mailed. This paragraph does not apply
17to a declaration filed before July 1, 2006.
SB907,22
18Section 22
. 48.025 (2) (c) of the statutes is amended to read:
SB907,14,219
48.025
(2) (c) The declaration shall be in writing, shall be signed and verified
20upon oath or affirmation by the person filing the declaration, and shall contain the
21person's name and address, the name and last-known address of the
mother parent
22who gave birth or expectant parent, the month and year of the birth or expected birth
23of the child, and a statement that the person filing the declaration has reason to
24believe that he
or she may be the
father parent of the child. If the person filing the
1declaration is under 18 years of age, the declaration shall also be signed by a parent
2or guardian of the person.
SB907,23
3Section 23
. 48.025 (2) (d) of the statutes is amended to read:
SB907,14,104
48.025
(2) (d) A person who has filed a declaration under sub. (1) may revoke
5the declaration at any time by filing with the department a statement, signed and
6verified upon oath or affirmation, that the person, to the best of
his the person's 7knowledge and belief, is not the
father parent of the child or that another person has
8been adjudicated as the
father parent of the child. If the person filing the revocation
9is under 18 years of age, the revocation shall also be signed by a parent or guardian
10of the person.
SB907,24
11Section 24
. 48.025 (3) (b) of the statutes is amended to read:
SB907,14,1812
48.025
(3) (b) A copy of a declaration filed with the department under sub. (1)
13shall be sent to the
mother at her last-known address
of the expectant parent or the
14person who gave birth. Nonreceipt of such copy shall not affect the validity of the
15declaration. The
mother expectant parent or the person who gave birth may send
16a written response to the declaration to the department, and the written response
17shall be filed with the declaration. Failure to send a written response shall not
18constitute an admission of the statements contained in the declaration.
SB907,25
19Section 25
. 48.025 (3) (c) of the statutes is amended to read:
SB907,15,820
48.025
(3) (c) A court in a proceeding under s. 48.13, 48.133, 48.14, or 938.13
21or under a substantially similar law of another state or a person authorized to file
22a petition under s. 48.25, 48.42, 48.837, or 938.25 or under a substantially similar
23law of another state may request the department to search its files to determine
24whether a person who may be the
father parent of the child who is the subject of the
25proceeding has filed a declaration under this section. If the department has on file
1a declaration of
paternal parental interest in matters affecting the child, the
2department shall issue to the requester a copy of the declaration. If the department
3does not have on file a declaration of
paternal
parental interest in matters affecting
4the child, the department shall issue to the requester a statement that no declaration
5could be located. The department may require a person who requests a search under
6this paragraph to pay a reasonable fee that is sufficient to defray the costs to the
7department of maintaining its file of declarations and publicizing information
8relating to declarations of
paternal parental interest under this section.
SB907,26
9Section 26
. 48.025 (5) (a) 1. of the statutes is amended to read:
SB907,15,1210
48.025
(5) (a) 1. That a person claiming to be the
father parent of a nonmarital
11child may affirmatively protect his
or her parental rights by filing a declaration of
12interest under this section.
SB907,27
13Section 27
. 48.19 (1) (cm) of the statutes is amended to read:
SB907,15,2414
48.19
(1) (cm) An order of the judge if made upon a showing satisfactory to the
15judge that the child is an expectant
mother parent, that due to the child expectant
16mother's parent's habitual lack of self-control in the use of alcohol beverages,
17controlled substances or controlled substance analogs, exhibited to a severe degree,
18there is a substantial risk that the physical health of the unborn child, and of the
19child when born, will be seriously affected or endangered unless the child expectant
20mother parent is taken into custody and that the child expectant
mother parent is
21refusing or has refused to accept any alcohol or other drug abuse services offered
to
22her or is not making or has not made a good faith effort to participate in any alcohol
23or other drug abuse services
offered to her. The order shall specify that the child
24expectant
mother parent be held in custody under s. 48.207 (1).
SB907,28
25Section 28
. 48.193 (1) (c) of the statutes is amended to read:
SB907,16,11
148.193
(1) (c) An order of the judge if made upon a showing satisfactory to the
2judge that due to the adult expectant
mother's
parent's habitual lack of self-control
3in the use of alcohol beverages, controlled substances or controlled substance
4analogs, exhibited to a severe degree, there is a substantial risk that the physical
5health of the unborn child, and of the child when born, will be seriously affected or
6endangered unless the adult expectant
mother
parent is taken into custody and that
7the adult expectant
mother parent is refusing or has refused to accept any alcohol
8or other drug abuse services offered
to her or is not making or has not made a good
9faith effort to participate in any alcohol or other drug abuse services
offered to her.
10The order shall specify that the adult expectant
mother parent be held in custody
11under s. 48.207 (1m).
SB907,29
12Section 29
. 48.20 (8) (b) of the statutes is amended to read:
SB907,16,2113
48.20
(8) (b) If the child is an expectant
mother parent who has been taken into
14custody under s. 48.19 (1) (cm) or (d) 8., the
unborn child's guardian ad litem shall
15receive the same notice about the whereabouts of the child expectant mother, about
16the reasons for holding the child expectant mother in custody, and about the
17detention hearing as the child expectant mother and her parent, guardian, legal
18custodian, or Indian custodian. The intake worker shall
notify provide the notice
19under par. (a) to the child expectant
mother
parent,
her the child expectant parent's 20parent, guardian, legal custodian, or Indian custodian, and the unborn child's
21guardian ad litem.
SB907,30
22Section 30
. 48.203 (4) of the statutes is amended to read: