LRBs0090/2
PJK:jld:rs
2007 - 2008 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO 2007 ASSEMBLY BILL 309
May 31, 2007 - Offered by Representative Albers.
AB309-ASA1,1,3
1An Act to amend 767.405 (14) (b) of the statutes;
relating to: submitting
2custody study reports to the parties and offering and admitting custody study
3reports in accordance with the rules of evidence.
Analysis by the Legislative Reference Bureau
Under current law, in an action affecting the family, such as a divorce, if there
is a minor child and the parties do not agree on legal custody or physical placement,
the parties must be referred to mediation to attempt to resolve the contested issues.
The court may order a person or entity designated by the county to conduct a legal
custody or physical placement study to investigate such issues as the conditions of
the child's home, the parties' performance of parental duties, and whether either
party has engaged in domestic abuse. The report that results from the study is
submitted to the court, with copies to the parties, and made a part of the record of
the action unless the court orders otherwise. This substitute amendment requires
that the report be submitted to the parties at least ten days before it is submitted to
the court and that, if the report is to be made a part of the record, it be offered and
received in accordance with the rules of evidence. Consequently, the parties would
have the opportunity to question the person who conducted the study and made the
report with respect to any statements, conclusions, or recommendations that the
person includes in the report.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB309-ASA1, s. 1
1Section
1. 767.405 (14) (b) of the statutes is amended to read:
AB309-ASA1,2,82
767.405
(14) (b) The person or entity investigating the parties under par. (a)
3shall complete the investigation and submit
a report of the results to the court. The
4court shall make the results available to both parties person or entity completing the
5report shall submit a copy of the report to each of the parties at least 10 days before
6submitting the report to the court. If the report is to be made a part of the record,
7it shall be offered and received in accordance with the rules of evidence. The report
8shall be a part of the record in the action unless the court orders otherwise.
AB309-ASA1,2,1410
(1) The treatment of section 767.405 (14) (b) (with respect to submitting legal
11custody and physical placement study reports to the parties at least 10 days before
12submitting the report to the court) of the statutes first applies to legal custody and
13physical placement study reports that are completed on the effective date of this
14subsection.
