SB566: Bill Text

SB566,29 Section 29 . 48.42 (1g) (a) 4. of the statutes is amended to read:

SB566,14,12 48.42 (1g) (a) 4. A statement identifying any man person who has lived in a familial relationship with the child and who may be the father a parent of the child.

SB566,30 Section 30 . 48.42 (1g) (b) of the statutes is amended to read:

SB566,14,22 48.42 (1g) (b) The petitioner shall notify any man person identified in the affidavit under par. (a) as an alleged father parent of his the right to file a declaration of paternal parental interest under s. 48.025 before the birth of the child, within 14 days after the birth of the child, or within 21 days after the date on which the notice is mailed, whichever is later; of the birth date or anticipated birth date of the child; and of the consequences of filing or not filing a declaration of paternal parental interest. The petitioner shall include with the notice a copy of the form required to file a declaration of paternal parental interest under s. 48.025. The notice shall be sent by certified mail to the last-known address of the alleged father parent.

SB566,31 Section 31 . 48.42 (1g) (c) of the statutes is amended to read:

SB566,14,25 48.42 (1g) (c) If an affidavit under par. (a) is not filed with the petition, notice shall be given to an alleged father parent under sub. (2).

SB566,32 Section 32. 48.42 (2) (b) 1. of the statutes is amended to read:

SB566,15,4 48.42 (2) (b) 1. A person who has filed an unrevoked declaration of paternal parental interest under s. 48.025 before the birth of the child or within 14 days after the birth of the child.

SB566,33 Section 33 . 48.42 (2) (b) 2. of the statutes is amended to read:

SB566,15,9 48.42 (2) (b) 2. A person or persons alleged to the court to be the father a parent of the child or who may, based upon the statements of the mother parent who gave birth to the child or other information presented to the court, be the father parent of the child unless that person has waived the right to notice under s. 48.41 (2) (c).

SB566,34 Section 34 . 48.42 (2) (bm) 1. of the statutes is amended to read:

SB566,15,14 48.42 (2) (bm) 1. A person who has filed an unrevoked declaration of paternal parental interest under s. 48.025 before the birth of the child, within 14 days after the birth of the child, or within 21 days after a notice under sub. (1g) (b) is mailed, whichever is later.

SB566,35 Section 35 . 48.422 (6) (a) of the statutes is amended to read:

SB566,15,25 48.422 (6) (a) In the case of a nonmarital child who is not adopted or whose parents do not subsequently intermarry under s. 767.803 and for whom paternity has not been established, or for whom a declaration of paternal parental interest has not been filed under s. 48.025 within 14 days after the date of birth of the child or, if s. 48.42 (1g) (b) applies, within 21 days after the date on which the notice under s. 48.42 (1g) (b) is mailed, the court shall hear testimony concerning the paternity parentage of the child. Based on the testimony, the court shall determine whether all interested parties who are known have been notified under s. 48.42 (2) and (2g) (ag). If not, the court shall adjourn the hearing and order appropriate notice to be given.

SB566,36 Section 36. 48.422 (7) (bm) of the statutes is amended to read:

SB566,16,19 48.422 (7) (bm) Establish whether a proposed adoptive parent of the child has been identified. If a proposed adoptive parent of the child has been identified and the proposed adoptive parent is not a relative of the child, the court shall order the petitioner to submit a report to the court containing the information specified in s. 48.913 (7). The court shall review the report to determine whether any payments or agreement to make payments set forth in the report are coercive to the birth parent of the child or to an alleged to or presumed father parent of the child or are impermissible under s. 48.913 (4). Making any payment to or on behalf of the any birth parent of the child, an, alleged or presumed father parent of the child or the child conditional in any part upon transfer or surrender of the child or the termination of parental rights or the finalization of the adoption creates a rebuttable presumption of coercion. Upon a finding of coercion, the court shall dismiss the petition or amend the agreement to delete any coercive conditions, if the parties agree to the amendment. Upon a finding that payments which that are impermissible under s. 48.913 (4) have been made, the court may dismiss the petition and may refer the matter to the district attorney for prosecution under s. 948.24 (1). This paragraph does not apply if the petition was filed with a petition for adoptive placement under s. 48.837 (2).

SB566,37 Section 37 . 48.422 (7) (br) of the statutes is amended to read:

SB566,16,23 48.422 (7) (br) Establish whether any person has coerced a birth parent or any, alleged or presumed father parent of the child in violation of s. 48.63 (3) (b) 5. Upon a finding of coercion, the court shall dismiss the petition.

SB566,38 Section 38 . 48.423 (2) (d) of the statutes is amended to read:

SB566,17,3 48.423 (2) (d) That the person has complied with the requirements of the state where the mother birth parent previously resided or was located to protect and preserve his paternal or her parental interests in matters affecting the child.

SB566,39 Section 39. 48.432 (1) (am) 2. b. of the statutes is amended to read:

SB566,17,7 48.432 (1) (am) 2. b. If there is no adjudicated father, the husband spouse of the mother at the time the individual or adoptee is conceived or born, or when the parents intermarry under s. 767.803.

SB566,40 Section 40 . 48.63 (3) (b) 4. of the statutes is amended to read:

SB566,17,17 48.63 (3) (b) 4. Before a child may be placed under subd. 1., the department, county department, or child welfare agency making the placement and the proposed adoptive parent or parents shall enter into a written agreement that specifies who is financially responsible for the cost of providing care for the child prior to the finalization of the adoption and for the cost of returning the child to the parent who has custody of the child if the adoption is not finalized. Under the agreement, the department, county department, or child welfare agency or the proposed adoptive parent or parents, but not the any birth parent of the child or any, alleged or presumed father parent of the child, shall be financially responsible for those costs.

SB566,41 Section 41 . 48.63 (3) (b) 5. of the statutes is amended to read:

SB566,17,24 48.63 (3) (b) 5. Prior to termination of parental rights to the child, no person may coerce a birth parent of the child or any, alleged or presumed father parent of the child into refraining from exercising his or her right to withdraw consent to the transfer or surrender of the child or to termination of his or her parental rights to the child, to have reasonable visitation or contact with the child, or to otherwise exercise his or her parental rights to the child.

SB566,42 Section 42. 48.82 (1) (a) of the statutes is amended to read:

SB566,18,2 48.82 (1) (a) A husband and wife Spouses jointly, or either the husband or wife if the other spouse is of a parent of the minor.

SB566,43 Section 43 . 48.837 (1r) (d) of the statutes is amended to read:

SB566,18,12 48.837 (1r) (d) Before a child may be placed under par. (a), the department, county department, or child welfare agency making the placement and the proposed adoptive parent or parents shall enter into a written agreement that specifies who is financially responsible for the cost of providing care for the child prior to the finalization of the adoption and for the cost of returning the child to the parent who has custody of the child if the adoption is not finalized. Under the agreement, the department, county department, or child welfare agency or the proposed adoptive parent or parents, but not the any birth parent of the child or any, alleged or presumed father parent of the child, shall be financially responsible for those costs.

SB566,44 Section 44 . 48.837 (1r) (e) of the statutes is amended to read:

SB566,18,19 48.837 (1r) (e) Prior to termination of parental rights to the child, no person may coerce a birth parent of the child or any, alleged or presumed father parent of the child into refraining from exercising his or her right to withdraw consent to the transfer or surrender of the child or to termination of his or her parental rights to the child, to have reasonable visitation or contact with the child, or to otherwise exercise his or her parental rights to the child.

SB566,45 Section 45 . 48.837 (6) (b) of the statutes is amended to read:

SB566,19,9 48.837 (6) (b) At the beginning of the hearing held under sub. (2), the court shall review the report that is submitted under s. 48.913 (6). The court shall determine whether any payments or the conditions specified in any agreement to make payments are coercive to the any birth parent of the child or to an, alleged or presumed father parent of the child or are impermissible under s. 48.913 (4). Making any payment to or on behalf of the a birth parent of the child, an, alleged or presumed father parent of the child or the child conditional in any part upon transfer or surrender of the child or the termination of parental rights or the finalization of the adoption creates a rebuttable presumption of coercion. Upon a finding of coercion, the court shall dismiss the petitions under subs. (2) and (3) or amend the agreement to delete any coercive conditions, if the parties agree to the amendment. Upon a finding that payments which that are impermissible under s. 48.913 (4) have been made, the court may dismiss the petition and may refer the matter to the district attorney for prosecution under s. 948.24 (1).

SB566,46 Section 46 . 48.837 (6) (br) of the statutes is amended to read:

SB566,19,14 48.837 (6) (br) At the hearing on the petition under sub. (2), the court shall determine whether any person has coerced a birth parent or any, alleged or presumed father parent of the child in violation of sub. (1r) (e). Upon a finding of coercion, the court shall dismiss the petitions under subs. (2) and (3).

SB566,47 Section 47 . 48.913 (1) (a) of the statutes is amended to read:

SB566,19,17 48.913 (1) (a) Preadoptive counseling for a birth parent of the child or an, alleged or presumed father parent of the child.

SB566,48 Section 48 . 48.913 (1) (b) of the statutes is amended to read:

SB566,19,20 48.913 (1) (b) Post-adoptive counseling for a birth parent of the child or an, alleged or presumed father parent of the child.

SB566,49 Section 49 . 48.913 (1) (h) of the statutes is amended to read:

SB566,19,24 48.913 (1) (h) Legal and other services received by a birth parent of the child, an, alleged or presumed father parent of the child or the child in connection with the adoption.

SB566,50 Section 50 . 48.913 (2) (intro.) of the statutes is amended to read:

SB566,20,7 48.913 (2) Payment of expenses when birth parent is residing in another state. (intro.) Notwithstanding sub. (1), the proposed adoptive parents of a child or a person acting on behalf of the proposed adoptive parents of a child may pay for an expense of a birth parent of the child or an, alleged or presumed father parent of the child if the birth parent or the, alleged or presumed father parent was residing in another state when the payment was made and when the expense was incurred and if all of the following apply:

SB566,51 Section 51 . 48.913 (2) (b) of the statutes is amended to read:

SB566,20,11 48.913 (2) (b) The state in which the birth parent or the, alleged or presumed father parent was residing when the payment was made permits the payment of that expense by the proposed adoptive parents of the child.

SB566,52 Section 52 . 48.913 (2) (c) (intro.) of the statutes is amended to read:

SB566,20,20 48.913 (2) (c) (intro.) A listing of all payments made under this subsection, a copy of the statutory provisions of the state in which the birth parent or the, alleged or presumed father parent was residing when the payments were made that permit those payments to be made by the proposed adoptive parents of the child, and a copy of all orders entered in the state in which the birth parent or the, alleged or presumed father parent was residing when the payments were made that relate to the payment of expenses of the birth parent or the, alleged or presumed father parent by the proposed adoptive parents of the child is submitted to the court as follows:

SB566,53 Section 53 . 48.913 (3) of the statutes is amended to read:

SB566,21,3 48.913 (3) Method of payment. Any payment under sub. (1) or (2) shall be made directly to the provider of a good or service except that a payment under sub. (1) or (2) may be made to a birth parent of the child or to an, alleged or presumed father parent of the child as reimbursement of an amount previously paid by the birth parent or by the, alleged or presumed father parent if documentation is provided showing that the birth parent or, alleged or presumed father parent has made the previous payment.

SB566,54 Section 54 . 48.913 (4) of the statutes is amended to read:

SB566,21,8 48.913 (4) Other payments prohibited. The proposed adoptive parents of a child or a person acting on behalf of the proposed adoptive parents may not make any payments to or on behalf of a birth parent of the child, an, alleged or presumed father parent of the child or the child except as provided in subs. (1) and (2).

SB566,55 Section 55 . 48.913 (7) of the statutes is amended to read:

SB566,21,24 48.913 (7) Report to the court; contents required. The report required under sub. (6) shall include a list of all transfers of anything of value made or agreed to be made by the proposed adoptive parents or by a person acting on their behalf to a birth parent of the child, an, alleged or presumed father parent of the child or the child, on behalf of a birth parent of the child, an, alleged or presumed father parent of the child or the child, or to any other person in connection with the pregnancy, the birth of the child, the placement of the child with the proposed adoptive parents, or the adoption of the child by the proposed adoptive parents. The report shall be itemized and shall show the goods or services for which payment was made or agreed to be made. The report shall include the dates of each payment, the names and addresses of each attorney, doctor, hospital, agency, or other person or organization receiving any payment from the proposed adoptive parents or a person acting on behalf of the proposed adoptive parents in connection with the pregnancy, the birth of the child, the placement of the child with the proposed adoptive parents, or the adoption of the child by the proposed adoptive parents.

SB566,56 Section 56 . 49.141 (1) (j) 1. of the statutes is amended to read:

SB566,22,1 49.141 (1) (j) 1. A biological natural parent.

SB566,57 Section 57 . 49.141 (1) (j) 2. of the statutes is repealed.

SB566,58 Section 58 . 49.155 (1m) (c) 1g. of the statutes is amended to read:

SB566,22,11 49.155 (1m) (c) 1g. If the individual is a foster parent of the child or a subsidized guardian or interim caretaker of the child under s. 48.623, the child's biological natural or adoptive family has a gross income that is at or below 200 percent of the poverty line. In calculating the gross income of the child's biological natural or adoptive family, the department or county department or agency determining eligibility shall include court-ordered child or family support payments received by the individual, if those support payments exceed $1,250 per month, and income described under s. 49.145 (3) (b) 1. and 3.

SB566,59 Section 59 . 49.155 (1m) (c) 1h. of the statutes is amended to read:

SB566,22,20 49.155 (1m) (c) 1h. If the individual is a relative of the child, is providing care for the child under a court order, and is receiving payments under s. 48.57 (3m) or (3n) on behalf of the child, the child's biological natural or adoptive family has a gross income that is at or below 200 percent of the poverty line. In calculating the gross income of the child's biological natural or adoptive family, the department or county department or agency determining eligibility shall include court-ordered child or family support payments received by the individual, if those support payments exceed $1,250 per month, and income described under s. 49.145 (3) (b) 1. and 3.

SB566,60 Section 60 . 49.163 (2) (am) 2. of the statutes is amended to read:

SB566,22,25 49.163 (2) (am) 2. If over 24 years of age, be a biological natural or adoptive parent of a child under 18 years of age whose parental rights to the child have not been terminated or be a relative and primary caregiver of a child under 18 years of age.

SB566,61 Section 61. 49.19 (1) (a) 2. a. of the statutes is amended to read:

SB566,23,12 49.19 (1) (a) 2. a. Is living with a parent; a blood relative, including those of half-blood, and including first cousins, nephews or nieces and persons of preceding generations as denoted by prefixes of grand, great or great-great; a stepfather, stepmother stepparent, stepbrother, or stepsister; a person who legally adopts the child or is the adoptive parent of the child's parent, a natural or legally adopted child of such person or a relative of an adoptive parent; or a spouse of any person named in this subparagraph subd. 2. a. even if the marriage is terminated by death or divorce; and is living in a residence maintained by one or more of these relatives as the child's or their own home, or living in a residence maintained by one or more of these relatives as the child's or their own home because the parents of the child have been found unfit to have care and custody of the child; or

SB566,62 Section 62. 49.19 (4) (d) (intro.) of the statutes is amended to read:

SB566,23,16 49.19 (4) (d) (intro.) Aid may be granted to the mother or stepmother parent or stepparent of a dependent child if he or she is without a husband spouse or if he or she:

SB566,63 Section 63. 49.19 (4) (d) 1. of the statutes is amended to read:

SB566,23,19 49.19 (4) (d) 1. Is the wife spouse of a husband person who is incapacitated for gainful work by mental or physical disability; or

SB566,64 Section 64. 49.19 (4) (d) 2. of the statutes is amended to read:

SB566,23,24 49.19 (4) (d) 2. Is the wife spouse of a husband person who is incarcerated or who is a convicted offender permitted to live at home but precluded from earning a wage because the husband person is required by a court imposed sentence to perform unpaid public work or unpaid community service; or

SB566,65 Section 65. 49.19 (4) (d) 3. of the statutes is amended to read:

SB566,24,3 49.19 (4) (d) 3. Is the wife spouse of a husband person who has been committed to the department pursuant to ch. 975, irrespective of the probable period of such commitment; or

SB566,66 Section 66. 49.19 (4) (d) 4. of the statutes is amended to read:

SB566,24,7 49.19 (4) (d) 4. Is the wife spouse of a husband person who has continuously abandoned or failed to support him or her, if proceedings have been commenced against the husband person under ch. 769; or

SB566,67 Section 67. 49.19 (4) (d) 5. of the statutes is amended to read:

SB566,24,12 49.19 (4) (d) 5. Has been divorced and is without a husband spouse or legally separated from his or her husband spouse and is unable through use of the provisions of law to compel his or her former husband spouse to adequately support the child for whom aid is sought; or

SB566,68 Section 68 . 49.345 (2) of the statutes is amended to read:

SB566,25,9 49.345 (2) Except as provided in sub. (14) (b) and (c), any person, including a person placed under s. 48.32 (1) (am) or (b), 48.345 (3), 48.357 (1) or (2m), 938.183, 938.34 (3) or (4d), or 938.357 (1), (2m), (4), or (5) (e), receiving care, maintenance, services, and supplies provided by any institution in this state, in which the state is chargeable with all or part of the person's care, maintenance, services, and supplies, and the person's property and estate, including the homestead, and the spouse of the person, and the spouse's property and estate, including the homestead, and, in the case of a minor child, the parents of the person, and their property and estates, including their homestead, and, in the case of a foreign child described in s. 48.839 (1) who became dependent on public funds for his or her primary support before an order granting his or her adoption, the resident of this state appointed guardian of the child by a foreign court who brought the child into this state for the purpose of adoption, and his or her property and estate, including his or her homestead, shall be liable for the cost of the care, maintenance, services, and supplies in accordance with the fee schedule established by the department under s. 49.32 (1). If a spouse, widow surviving spouse, or minor, or an incapacitated person may be lawfully dependent upon the property for his or her support, the court shall release all or such part of the property and estate from the charges that may be necessary to provide for the person. The department shall make every reasonable effort to notify the liable persons as soon as possible after the beginning of the maintenance, but the notice or the receipt of the notice is not a condition of liability.

SB566,69 Section 69. 49.43 (12) of the statutes is amended to read:

SB566,25,13 49.43 (12) “Spouse" means the legal husband or wife of person to whom the beneficiary is legally married, whether or not the person is eligible for medical assistance.

SB566,70 Section 70 . 49.471 (1) (b) 2. of the statutes is amended to read:

SB566,25,15 49.471 (1) (b) 2. A stepfather, stepmother stepparent, stepbrother, or stepsister.

SB566,71 Section 71. 49.90 (4) of the statutes is amended to read:

SB566,26,18 49.90 (4) The circuit court shall in a summary way hear the allegations and proofs of the parties and by order require maintenance from these relatives, if they have sufficient ability, considering their own future maintenance and making reasonable allowance for the protection of the property and investments from which they derive their living and their care and protection in old age, in the following order: First the husband or wife spouse; then the father and the mother parents; and then the grandparents in the instances in which sub. (1) (a) 2. applies. The order shall specify a sum which that will be sufficient for the support of the dependent person under sub. (1) (a) 1. or the maintenance of a child of a dependent person under sub. (1) (a) 2., to be paid weekly or monthly, during a period fixed by the order or until the further order of the court. If the court is satisfied that any such relative is unable wholly to maintain the dependent person or the child, but is able to contribute to the person's support or the child's maintenance, the court may direct 2 or more of the relatives to maintain the person or the child and prescribe the proportion each shall contribute. If the court is satisfied that these relatives are unable together wholly to maintain the dependent person or the child, but are able to contribute to the person's support or the child's maintenance, the court shall direct a sum to be paid weekly or monthly by each relative in proportion to ability. Contributions directed by court order, if for less than full support, shall be paid to the department of health services or the department of children and families, whichever is appropriate, and distributed as required by state and federal law. An order under this subsection that relates to maintenance required under sub. (1) (a) 2. shall specifically assign responsibility for and direct the manner of payment of the child's health care expenses, subject to the limitations under subs. (1) (a) 2. and (11). Upon application of any party affected by the order and upon like notice and procedure, the court may modify such an order. Obedience to such an order may be enforced by proceedings for contempt.

SB566,72 Section 72. 54.01 (36) (a) of the statutes is amended to read:

SB566,26,24 54.01 (36) (a) An individual who obtains or consents to a final decree or judgment of divorce from the decedent or an annulment of their marriage, if the decree or judgment is not recognized as valid in this state, unless the 2 subsequently participated in a marriage ceremony purporting to marry each other or they subsequently held themselves out as husband and wife married to each other.

SB566,73 Section 73. 54.960 (1) of the statutes is amended to read:

SB566,27,7 54.960 (1) Beneficial interests in a custodial trust created for multiple beneficiaries are deemed to be separate custodial trusts of equal undivided interests for each beneficiary. Except in a transfer or declaration for use and benefit of husband and wife 2 individuals who are married to each other, for whom survivorship is presumed, a right of survivorship does not exist unless the instrument creating the custodial trust specifically provides for survivorship or survivorship is required as to marital property.