2005 WISCONSIN ACT 293
An Act to renumber 48.025 (3); to renumber and amend 48.025 (2), 48.41 (2) (b), 48.42 (2m), 48.423 and 48.43 (6); to amend 46.03 (7) (bm), 48.025 (1), 48.27 (3) (b) 1. a., 48.27 (5), 48.295 (1), 48.368 (1), 48.415 (2) (a) 3., 48.415 (6) (a) and (b), 48.415 (10) (a), 48.415 (10) (b), 48.42 (1) (a), 48.42 (2) (b) (intro.), 48.42 (2) (b) 1., 48.42 (3) (a), 48.42 (4) (a), 48.422 (6) (a), 48.64 (4) (c), 48.72, 48.78 (2) (a), 48.825 (5), 48.833, 48.837 (1), 48.837 (4) (c), 48.837 (4) (e), 48.839 (2) (b), 48.839 (2) (c), 48.91 (2), 48.913 (1) (c), (i) and (m), 808.04 (7), 808.04 (7m), 808.04 (8), 809.82 (2) (b), 938.27 (3) (b) 1. a., 938.27 (5), 938.78 (2) (a) and 977.07 (1) (c); and to create 48.025 (2) (b), 48.025 (2) (d), 48.025 (3) (a), 48.025 (3) (c) and (d), 48.025 (5), 48.025 (6), 48.235 (1) (g), 48.235 (5m), 48.40 (1r), 48.41 (2) (b) 2., 48.42 (1g), 48.42 (2) (bm), 48.42 (2m) (b), 48.42 (4) (b) 1m., 48.42 (5), 48.423 (2), 48.43 (6) (b) and (c), 48.43 (6m), 48.48 (17) (bm), 48.57 (2m), 48.825 (3) (c), 48.825 (3m), 48.837 (1m), 48.837 (2) (d), 48.837 (4) (cm), 48.84, 809.107 (5) (am) and 938.57 (2m) of the statutes; relating to: termination of parental rights and adoption, granting rule-making authority, and providing a penalty.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
293,1
Section
1
. 46.03 (7) (bm) of the statutes is amended to read:
46.03 (7) (bm) Maintain a file containing records of artificial inseminations under s. 891.40 and records of, declarations of paternal interest under s. 48.025, and of statements acknowledging paternity under s. 69.15 (3) (b). The department shall may release these those records, declarations, and statements only upon an order of the court except that the department may use nonidentifying information concerning artificial inseminations for the purpose of compiling statistics and except that records relating to, declarations of paternal interest
shall be released as provided in s. 48.025 (3) (b) and (c), and statements acknowledging paternity shall be released without a court order to the department of workforce development or a county child support agency under s. 59.53 (5) without a court order upon the request of the that department of workforce development or a or county child support agency under s. 59.53 (5) pursuant to the program responsibilities under s. 49.22 or by to any other person with a direct and tangible interest in the record statement.
293,2
Section
2
. 48.025 (1) of the statutes is amended to read:
48.025 (1) Any person claiming to be the father of a nonmarital child who is not adopted or whose parents do not subsequently intermarry under s. 767.60 and whose paternity has not been established may, in accordance with procedures under this section, file with the department a declaration of his interest in matters affecting such the child. The department may not charge a fee for filing a declaration under this section.
293,3
Section
3
. 48.025 (2) of the statutes is renumbered 48.025 (2) (a) and amended to read:
48.025 (2) (a) The A declaration provided in under sub. (1) may be filed at any time except after before a termination of the father's parental rights under subch. VIII. This paragraph does not apply to a declaration that is filed on or after the effective date of this paragraph .... [revisor inserts date].
(c) The declaration shall be in writing, shall be signed and verified upon oath or affirmation by the person filing the declaration, and shall contain the person's name and address, the name and last-known address of the mother, the month and year of the birth or expected birth of the child, and a statement that he the person filing the declaration has reason to believe that he may be the father of the child. If the person filing the declaration is under 18 years of age, the declaration shall also be signed by a parent or guardian of the person.
293,4
Section
4
. 48.025 (2) (b) of the statutes is created to read:
48.025 (2) (b) A declaration under sub. (1) may be filed at any time before the birth of the child or within 14 days after the birth of the child, except that a man who receives a notice under s. 48.42 (1g) (b) may file a declaration within 21 days after the date on which the notice was mailed. This paragraph does not apply to a declaration filed before the effective date of this paragraph .... [revisor inserts date].
293,5
Section
5
. 48.025 (2) (d) of the statutes is created to read:
48.025 (2) (d) A person who has filed a declaration under sub. (1) may revoke the declaration at any time by filing with the department a statement, signed and verified upon oath or affirmation, that the person, to the best of his knowledge and belief, is not the father of the child or that another person has been adjudicated as the father of the child. If the person filing the revocation is under 18 years of age, the revocation shall also be signed by a parent or guardian of the person.
293,6
Section
6. 48.025 (3) of the statutes is renumbered 48.025 (3) (b).
293,7
Section
7. 48.025 (3) (a) of the statutes is created to read:
48.025 (3) (a) The department shall keep confidential and may not open to public inspection or disclose the contents of any declaration, revocation of a declaration, or response to a declaration filed under this section, except as provided under pars. (b) and (c) or by order of the court for good cause shown.
293,8
Section
8. 48.025 (3) (c) and (d) of the statutes are created to read:
48.025 (3) (c) A court in a proceeding under s. 48.13, 48.133, 48.14, or 938.13 or under a substantially similar law of another state or a person authorized to file a petition under s. 48.25, 48.42, 48.837, or 938.25 or under a substantially similar law of another state may request the department to search its files to determine whether a person who may be the father of the child who is the subject of the proceeding has filed a declaration under this section. If the department has on file a declaration of paternal interest in matters affecting the child, the department shall issue to the requester a copy of the declaration. If the department does not have on file a declaration of paternal interest in matters affecting the child, the department shall issue to the requester a statement that no declaration could be located. The department may require a person who requests a search under this paragraph to pay a reasonable fee that is sufficient to defray the costs to the department of maintaining its file of declarations and publicizing information relating to declarations of paternal interest under this section.
(d) Any person who obtains any information under this subsection may use or disclose that information only for the purposes of a proceeding under s. 48.13, 48.133, 48.14, or 938.13 or under a substantially similar law of another state and may not use or disclose that information for any other purpose except by order of the court for good cause shown.
293,9
Section
9
. 48.025 (5) of the statutes is created to read:
48.025 (5) (a) The department shall publicize, in a manner calculated to provide maximum notice to all persons who might claim to be the father of a nonmarital child, all of the following information:
1. That a person claiming to be the father of a nonmarital child may affirmatively protect his parental rights by filing a declaration of interest under this section.
2. The procedures for filing a declaration of interest.
3. The consequences of filing a declaration of interest.
4. The consequences of not filing a declaration of interest.
(b) The department may publicize the information under par. (a) by posting the information on the Internet, by creating a pamphlet for use by schools and health care providers, and by requiring agencies that provide services under contract with the department to provide the information to clients.
293,10
Section
10
. 48.025 (6) of the statutes is created to read:
48.025 (6) (a) Any person who makes a false statement in a declaration, revocation of a declaration, or response to a declaration filed under this section that the person does not believe is true is subject to prosecution for false swearing under s. 946.32 (2).
(b) Except as permitted under sub. (3), any person who intentionally obtains, uses, or discloses information that is confidential under this section may be fined not more than $1,000 or imprisoned for not more than 90 days or both.
293,11
Section
11. 48.235 (1) (g) of the statutes is created to read:
48.235 (1) (g) The court shall appoint a guardian ad litem for a parent who is the subject of a termination of parental rights proceeding, if any assessment or examination of a parent that is ordered under s. 48.295 (1) shows that the parent is not competent to participate in the proceeding or to assist his or her counsel or the court in protecting the parent's rights in the proceeding.
293,12
Section
12. 48.235 (5m) of the statutes is created to read:
48.235 (5m) Matters involving contested termination of parental rights proceedings. (a) In any termination of parental rights proceeding involving a child who has been found to be in need of protection or services and whose parent is contesting the termination of his or her parental rights, a guardian ad litem for a parent who has been appointed under sub. (1) (g) shall provide information to the court relating to the parent's competency to participate in the proceeding, and shall also provide assistance to the court and the parent's adversary counsel in protecting the parent's rights in the proceeding.
(b) The guardian ad litem may not participate in the proceeding as a party, and may not call witnesses, provide opening statements or closing arguments, or participate in any activity at trial that is required to be performed by the parent's adversary counsel.
293,13
Section
13
. 48.27 (3) (b) 1. a. of the statutes is amended to read:
48.27 (3) (b) 1. a. A person who has filed a declaration of paternal interest under s. 48.025.
293,14
Section
14
. 48.27 (5) of the statutes is amended to read:
48.27 (5) Subject to sub. (3) (b), the court shall make every reasonable effort to identify and notify any person who has filed a declaration of paternal interest under s. 48.025, any person who has acknowledged paternity of the child under s. 767.62 (1), and any person who has been adjudged to be the biological father of the child in a judicial proceeding unless the biological father's
person's parental rights have been terminated.
293,15
Section
15. 48.295 (1) of the statutes is amended to read:
48.295 (1) After the filing of a petition and upon a finding by the court that reasonable cause exists to warrant an a physical, psychological, mental, or developmental examination or an alcohol and other drug abuse assessment that conforms to the criteria specified under s. 48.547 (4), the court may order any child coming within its jurisdiction to be examined as an outpatient by personnel in an approved treatment facility for alcohol and other drug abuse, by a physician, psychiatrist or licensed psychologist, or by another expert appointed by the court holding at least a master's degree in social work or another related field of child development, in order that the child's physical, psychological, alcohol or other drug dependency, mental, or developmental condition may be considered. The court may also order an a physical, psychological, mental, or developmental examination or an alcohol and other drug abuse assessment that conforms to the criteria specified under s. 48.547 (4) of a parent, guardian, or legal custodian whose ability to care for a child is at issue before the court or of an expectant mother whose ability to control her use of alcohol beverages, controlled substances, or controlled substance analogs is at issue before the court. The court shall hear any objections by the child, or the child's parents, guardian, or legal custodian to the request for such an examination or assessment before ordering the examination or assessment. The expenses of an examination, if approved by the court, shall be paid by the county of the court ordering the examination in a county having a population of less than 500,000 or by the department in a county having a population of 500,000 or more. The payment for an alcohol and other drug abuse assessment shall be in accordance with s. 48.361.
293,16
Section
16. 48.368 (1) of the statutes is amended to read:
48.368 Continuation of dispositional orders. (1) If a petition for termination of parental rights is filed under s. 48.41 or 48.415 or an appeal from a judgment terminating or denying termination of parental rights is filed during the year in which a dispositional order under s. 48.355 or, an extension order under s. 48.365, a voluntary agreement for placement of the child under s. 48.63, or a guardianship order under s. 48.977 or ch. 880 is in effect, the dispositional or extension order, voluntary agreement, or guardianship order shall remain in effect until all proceedings related to the filing of the petition or an appeal are concluded.
293,17
Section
17. 48.40 (1r) of the statutes is created to read:
48.40 (1r) "Parent" has the meaning given in s. 48.02 (13), except that for purposes of filing a petition seeking the involuntary termination of parental rights under s. 48.415 to a nonmarital child who is not adopted or whose parents do not subsequently intermarry under s. 767.60 and whose paternity has not been established, of finding grounds under s. 48.415 for the involuntary termination of parental rights to such a child, and of terminating the parental rights to such a child on a ground specified in s. 48.415, "parent" includes a person who may be the parent of such a child.
293,18
Section
18. 48.41 (2) (b) of the statutes is renumbered 48.41 (2) (b) (intro.) and amended to read:
48.41 (2) (b) (intro.) If the court finds that it would be difficult or impossible for the parent to appear in person at the hearing, the court may do any of the following:
1. Accept accept the written consent of the parent given before an embassy or consul official, a military judge, or a judge of any court of record in another county or state or a foreign jurisdiction. This written consent shall be accompanied by the signed findings of the embassy or consul official or judge who accepted the parent's consent. These findings shall recite that the embassy or consul official or judge or an attorney who represents any of the parties questioned the parent and found that the consent was informed and voluntary before the embassy or consul official or judge accepted the consent of the parent.
293,19
Section
19. 48.41 (2) (b) 2. of the statutes is created to read:
48.41 (2) (b) 2. On request of the parent, unless good cause to the contrary is shown, admit testimony on the record by telephone or live audiovisual means as prescribed in s. 807.13 (2).
293,20
Section
20. 48.415 (2) (a) 3. of the statutes is amended to read:
48.415 (2) (a) 3. That the child has been outside the home for a cumulative total period of 6 months or longer pursuant to such orders not including time spent outside the home as an unborn child; and that the parent has failed to meet the conditions established for the safe return of the child to the home and there is a substantial likelihood that the parent will not meet these conditions within the 12-month 9-month period following the fact-finding hearing under s. 48.424.
293,21
Section
21. 48.415 (6) (a) and (b) of the statutes are amended to read:
48.415 (6) (a) Failure to assume parental responsibility, which shall be established by proving that the parent or the person or persons who may be the parent of the child have never not had a substantial parental relationship with the child.
(b) In this subsection, "substantial parental relationship" means the acceptance and exercise of significant responsibility for the daily supervision, education, protection and care of the child. In evaluating whether the person has had a substantial parental relationship with the child, the court may consider such factors, including, but not limited to, whether the person has ever expressed concern for or interest in the support, care or well-being of the child, whether the person has neglected or refused to provide care or support for the child and whether, with respect to a person who is or may be the father of the child, the person has ever expressed concern for or interest in the support, care or well-being of the mother during her pregnancy.
293,22
Section
22. 48.415 (10) (a) of the statutes is amended to read:
48.415 (10) (a) That the child who is the subject of the petition has been adjudged to be in need of protection or services under s. 48.13 (2), (3) or (10); or that the child who is the subject of the petition was born after the filing of a petition under this subsection whose subject is a sibling of the child.
293,23
Section
23. 48.415 (10) (b) of the statutes is amended to read:
48.415 (10) (b) That, within 3 years prior to the date the court adjudged the child who is the subject of the petition to be in need of protection or services as specified in par. (a) or, in the case of a child born after the filing of a petition as specified in par. (a), within 3 years prior to the date of birth of the child, a court has ordered the termination of parental rights with respect to another child of the person whose parental rights are sought to be terminated on one or more of the grounds specified in this section.
293,24
Section
24. 48.42 (1) (a) of the statutes is amended to read:
48.42 (1) (a) The name, birth date or anticipated birth date, and address of the child.
293,25
Section
25
. 48.42 (1g) of the statutes is created to read:
48.42 (1g) Affidavit. (a) Except as provided in par. (c), if the petition is filed by a person or agency other than the district attorney, corporation counsel, or other appropriate official under s. 48.09; if the petition seeks to terminate the parental rights of a person who may be the father of a nonmarital child who is under one year of age at the time the petition is filed, who is not adopted or whose parents do not subsequently intermarry under s. 767.60, and whose paternity has not been established; and if the mother of the child has voluntarily consented to or seeks to voluntarily consent to the termination of her parental rights to the child, the petitioner may file with the petition an affidavit signed by the mother that includes all of the following:
1. A statement that the mother has voluntarily consented to or seeks to voluntarily consent to the termination of her parental rights to the child.
2. A statement acknowledging that the mother has been asked to identify the father of the child.
