TJD:ahe
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.
SB487,1,2
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:
SB487,1
3Section
1. 50.085 of the statutes is created to read:
SB487,1,4
450.085 Visitation by adult children.
(1) Definitions. In this section:
SB487,2,25
(a) "Adult child" means an individual who is at least 18 years of age and who
6is related to a resident biologically, through adoption, through the marriage or
1former marriage of the resident to the biological parent of the adult child, or by a
2judgment of parentage entered by a court of competent jurisdiction.
SB487,2,33
(b) "Resident" means an adult resident of any of the following:
SB487,2,44
1. A hospital, as defined in s. 50.33 (2).
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2. A hospice, as defined in s. 50.90 (1).
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3. A nursing home, as defined in s. 50.01 (3).
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4. A community-based residential facility, as defined in s. 50.01 (1g).
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(c) "Visitation" means an in-person meeting or any telephonic, written, or
9electronic communication.
SB487,2,13
10(2) Petition for visitation. If an adult child is being denied visitation with a
11resident the adult child may petition a court to compel visitation with the resident.
12The court may not issue an order compelling visitation if the court finds any of the
13following:
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(a) The resident, while having the capacity to evaluate and communicate
15decisions regarding visitation, expresses a desire to not have visitation with that
16adult child.
SB487,2,1817
(b) Visitation between the petitioning adult child and the resident is not in the
18best interest of the resident.
