SB464,30,1410
48.33
(2) Home placement reports. A report recommending that the child
11remain in his or her home or
that the expectant
mother parent remain in
his or her
12home may be presented orally at the dispositional hearing if all parties consent. A
13report that is presented orally shall be transcribed and made a part of the court
14record.
SB464,64
15Section 64
. 48.33 (4) (intro.) of the statutes is amended to read:
SB464,30,2216
48.33
(4) Other out-of-home placements. (intro.) A report recommending
17placement of an adult expectant
mother parent outside of
her the expectant parent's 18home shall be in writing. A report recommending placement of a child in a foster
19home, group home, or residential care center for children and youth, in the home of
20a relative other than a parent, in the home of a guardian under s. 48.977 (2), or in
21a supervised independent living arrangement shall be in writing and shall include
22all of the following:
SB464,65
23Section 65
. 48.345 (intro.) of the statutes is amended to read:
SB464,31,13
2448.345 Disposition of child or unborn child of child expectant mother
25parent adjudged in need of protection or services. (intro.) If the judge finds
1that the child is in need of protection or services or that the unborn child of a child
2expectant
mother parent is in need of protection or services, the judge shall enter an
3order deciding one or more of the dispositions of the case as provided in this section
4under a care and treatment plan, except that the order may not place any child not
5specifically found under chs. 46, 49, 51, 54, or 115 to be developmentally disabled,
6mentally ill, or to have a disability specified in s. 115.76 (5) in facilities that
7exclusively treat those categories of children, and the court may not place any child
8expectant
mother parent of an unborn child in need of protection or services outside
9of the child expectant
mother's parent's home unless the court finds that the child
10expectant
mother parent is refusing or has refused to accept any alcohol or other drug
11abuse services offered
to her or is not making or has not made a good faith effort to
12participate in any alcohol or other drug abuse services
offered to her. The
13dispositions under this section are as follows:
SB464,66
14Section 66
. 48.345 (14) (a) of the statutes is amended to read:
SB464,32,715
48.345
(14) (a) If, based on an evaluation under s. 48.295 and the report under
16s. 48.33, the judge finds that the child expectant
mother parent of an unborn child
17in need of protection or services is in need of inpatient treatment for
her a habitual
18lack of self-control in the use of alcohol, controlled substances or controlled
19substance analogs, exhibited to a severe degree, that inpatient treatment is
20appropriate for the child expectant
mother's
parent's needs and that inpatient
21treatment is the least restrictive treatment consistent with the child expectant
22mother's parent's needs, the judge may order the child expectant
mother parent to
23enter an inpatient alcohol or other drug abuse treatment program at an inpatient
24facility, as defined in s. 51.01 (10). The inpatient facility shall, under the terms of
25a service agreement between the inpatient facility and the county in a county having
1a population of less than 750,000 or the department in a county having a population
2of 750,000 or more, or with the written and informed consent of the child expectant
3mother parent or the child expectant
mother's parent's parent if the child expectant
4mother parent has not attained the age of 12, report to the agency primarily
5responsible for providing services to the child expectant
mother parent as to whether
6the child expectant
mother parent is cooperating with the treatment and whether the
7treatment appears to be effective.
SB464,67
8Section 67
. 48.347 (intro.) of the statutes is amended to read:
SB464,32,25
948.347 Disposition of unborn child of adult expectant mother parent
10adjudged in need of protection or services. (intro.) If the judge finds that the
11unborn child of an adult expectant
mother parent is in need of protection or services,
12the judge shall enter an order deciding one or more of the dispositions of the case as
13provided in this section under a care and treatment plan, except that the order may
14not place any adult expectant
mother parent of an unborn child not specifically found
15under ch. 51, 54, or 55 to be developmentally disabled or mentally ill in a facility that
16exclusively treats those categories of individuals, and the court may not place any
17adult expectant
mother parent of an unborn child in need of protection or services
18outside of the adult expectant
mother's parent's home unless the court finds that the
19adult expectant
mother parent is refusing or has refused to accept any alcohol or
20other drug abuse services offered
to her or is not making or has not made a good faith
21effort to participate in any alcohol or other drug abuse services
offered to her. If the
22judge finds that the unborn child of a child expectant
mother parent is in need of
23protection or services, the judge shall enter an order deciding one or more of the
24dispositions of the case as provided in s. 48.345 under a care and treatment plan. The
25dispositions under this section are as follows:
SB464,68
1Section
68. 48.347 (6) (a) of the statutes is amended to read:
SB464,33,172
48.347
(6) (a) If, based on an evaluation under s. 48.295 and the report under
3s. 48.33, the judge finds that the adult expectant
mother parent is in need of inpatient
4treatment for
her a habitual lack of self-control in the use of alcohol, controlled
5substances or controlled substance analogs, exhibited to a severe degree, that
6inpatient treatment is appropriate for the adult expectant
mother's parent's needs
7and that inpatient treatment is the least restrictive treatment consistent with the
8adult expectant
mother's parent's needs, the judge may order the adult expectant
9mother parent to enter an inpatient alcohol or other drug abuse treatment program
10at an inpatient facility, as defined in s. 51.01 (10). The inpatient facility shall, under
11the terms of a service agreement between the inpatient facility and the county in a
12county having a population of less than 750,000 or the department in a county having
13a population of 750,000 or more, or with the written and informed consent of the
14adult expectant
mother parent, report to the agency primarily responsible for
15providing services to the adult expectant
mother
parent as to whether the adult
16expectant
mother parent is cooperating with the treatment and whether the
17treatment appears to be effective.
SB464,69
18Section 69
. 48.355 (1) of the statutes is amended to read:
SB464,34,1019
48.355
(1) Intent. In any order under s. 48.345 or 48.347 the judge shall decide
20on a placement and treatment finding based on evidence submitted to the judge. The
21disposition shall employ those means necessary to maintain and protect the
22well-being of the child or unborn child which are the least restrictive of the rights
23of the parent and child, of the rights of the parent and child expectant
mother parent 24or of the rights of the adult expectant
mother
parent, and which assure the care,
25treatment or rehabilitation of the child and the family, of the child expectant
mother
1parent, the unborn child and the family or of the adult expectant
mother parent and
2the unborn child, consistent with the protection of the public. When appropriate,
3and, in cases of child abuse or neglect or unborn child abuse, when it is consistent
4with the best interest of the child or unborn child in terms of physical safety and
5physical health, the family unit shall be preserved and there shall be a policy of
6transferring custody of a child from the parent or of placing an expectant
mother 7parent outside of
her the expectant parent's home only when there is no less drastic
8alternative. If there is no less drastic alternative for a child than transferring
9custody from the parent, the judge shall consider transferring custody to a relative
10whenever possible.
SB464,70
11Section 70
. 48.355 (2) (b) 2m. of the statutes is amended to read:
SB464,34,1412
48.355
(2) (b) 2m. If the adult expectant
mother parent is placed outside
her 13the expectant parent's home, the name of the place or facility, including transitional
14placements, where the expectant
mother parent shall be treated.
SB464,71
15Section 71
. 48.355 (4g) (a) 1. of the statutes is amended to read:
SB464,34,2216
48.355
(4g) (a) 1. The child's parents are parties to a pending action for divorce,
17annulment, or legal separation, a
man person determined under s. 48.299 (6) (e) 4.
18to be the biological
father parent of the child for purposes of a proceeding under this
19chapter is a party to a pending action to determine
paternity parentage of the child
20under ch. 767, or the child is the subject of a pending independent action under s.
21767.41 or 767.43 to determine legal custody of the child or visitation rights with
22respect to the child.
SB464,72
23Section 72
. 48.356 (1) of the statutes is amended to read:
SB464,35,824
48.356
(1) Whenever the court orders a child to be placed outside
his or her of
25the child's home, orders an expectant
mother
parent of an unborn child to be placed
1outside of
her the expectant parent's home, or denies a parent visitation because the
2child or unborn child has been adjudged to be in need of protection or services under
3s. 48.345, 48.347, 48.357, 48.363, or 48.365 and whenever the court reviews a
4permanency plan under s. 48.38 (5m), the court shall orally inform the parent or
5parents who appear in court or the expectant
mother
parent who appears in court
6of any grounds for termination of parental rights under s. 48.415 which may be
7applicable and of the conditions necessary for the child or expectant
mother parent 8to be returned to the home or for the parent to be granted visitation.
SB464,73
9Section 73
. 48.357 (1) (am) 2. b. of the statutes is amended to read:
SB464,35,1410
48.357
(1) (am) 2. b. By the child expectant
mother parent, if 12 years of age
11or over,
her the child expectant parent's parent, guardian, legal custodian, or Indian
12custodian, the unborn child's guardian ad litem, and the child expectant
mother's 13parent's tribe, if
she the child expectant parent is an Indian child who has been
14removed from the home of
her a parent or Indian custodian.
SB464,74
15Section 74
. 48.357 (5r) of the statutes is amended to read:
SB464,35,2316
48.357
(5r) Expectant mother parent; placement outside the home. The court
17may not change the placement of an expectant
mother
parent of an unborn child in
18need of protection or services from a placement in the expectant
mother's parent's 19home to a placement outside of the expectant
mother's parent's home unless the court
20finds that the expectant
mother parent is refusing or has refused to accept any
21alcohol or other drug abuse services offered
to her or is not making or has not made
22a good faith effort to participate in any alcohol or other drug abuse services
offered
23to her.
SB464,75
24Section 75
. 48.361 (2) (a) 1m. of the statutes is amended to read:
SB464,36,12
148.361
(2) (a) 1m. If an adult expectant
mother parent neglects, refuses or is
2unable to obtain court-ordered alcohol and other drug abuse services
for herself 3through
her health insurance or other 3rd-party payments, the judge may order the
4adult expectant
mother parent to pay for the court-ordered alcohol and drug abuse
5services. If the adult expectant
mother parent consents to obtain court-ordered
6alcohol and other drug abuse services
for herself through
her health insurance or
7other 3rd-party payments but the health insurance provider or other 3rd-party
8payer refuses to provide the court-ordered alcohol and other drug abuse services, the
9court may order the health insurance provider or 3rd-party payer to pay for the
10court-ordered alcohol and other drug abuse services in accordance with the terms
11of the adult expectant
mother's parent's health insurance policy or other 3rd-party
12payment plan.
SB464,76
13Section 76
. 48.362 (3m) of the statutes is amended to read:
SB464,36,2414
48.362
(3m) If an adult expectant
mother parent neglects, refuses or is unable
15to obtain court-ordered special treatment or care
for herself through
her health
16insurance or other 3rd-party payments, the judge may order the adult expectant
17mother parent to pay for the court-ordered special treatment or care. If the adult
18expectant
mother parent consents to obtain court-ordered special treatment or care
19for herself through
her health insurance or other 3rd-party payments but the health
20insurance provider or other 3rd-party payer refuses to provide the court-ordered
21special treatment or care, the judge may order the health insurance provider or
223rd-party payer to pay for the court-ordered special treatment or care in accordance
23with the terms of the adult expectant
mother's
parent's health insurance policy or
24other 3rd-party payment plan.
SB464,77
25Section 77
. 48.41 (2) (c) of the statutes is amended to read:
SB464,37,7
148.41
(2) (c) A person who may be, but who has not been adjudicated as, the
2father parent of a nonmarital child may consent to the termination of any parental
3rights that
he the person may have as provided in par. (a) or (b) or by signing a
4written, notarized statement which recites that
he
the person has been informed of
5and understands the effect of an order to terminate parental rights and that
he the
6person voluntarily disclaims any rights that
he
the person may have to the child,
7including the right to notice of proceedings under this subchapter.
SB464,78
8Section 78
. 48.415 (6) (b) of the statutes is amended to read:
SB464,37,189
48.415
(6) (b) In this subsection, “substantial parental relationship" means the
10acceptance and exercise of significant responsibility for the daily supervision,
11education, protection and care of the child. In evaluating whether the person has had
12a substantial parental relationship with the child, the court may consider such
13factors, including, but not limited to, whether the person has expressed concern for
14or interest in the support, care or well-being of the child, whether the person has
15neglected or refused to provide care or support for the child and whether, with respect
16to a person who is or may be the
father parent of the child, the person has expressed
17concern for or interest in the support, care or well-being
during pregnancy of the
18mother during her pregnancy person who gave birth to the child.
SB464,79
19Section 79
. 48.415 (9) (a) and (b) of the statutes are amended to read:
SB464,38,220
48.415
(9) (a) Parenthood as a result of sexual assault, which shall be
21established by proving that the child was conceived as a result of a sexual assault in
22violation of s. 940.225 (1), (2)
, or (3), 948.02 (1) or (2), 948.025, or 948.085. Conception
23as a result of sexual assault as specified in this paragraph may be proved by a final
24judgment of conviction or other evidence produced at a fact-finding hearing under
25s. 48.424 indicating that the person who may be the
father parent of the child
1committed, during a possible time of conception, a sexual assault as specified in this
2paragraph against the
mother of person who gave birth to the child.
SB464,38,63
(b) If the conviction or other evidence specified in par. (a) indicates that the
4child was conceived as a result of a sexual assault in violation of s. 948.02 (1) or (2)
5or 948.085, the
mother of person who gave birth to the child may be heard on
her
the
6person's desire for the termination of the
father's other parent's parental rights.
SB464,80
7Section
80. 48.42 (1g) of the statutes is amended to read:
SB464,38,178
48.42
(1g) Affidavit. (a) Except as provided in par. (c), if the petition is filed
9by a person or agency other than the district attorney, corporation counsel, or other
10appropriate official under s. 48.09; if the petition seeks to terminate the parental
11rights of a person who may be the
father parent of a nonmarital child who is under
12one year of age at the time the petition is filed, who is not adopted or whose parents
13do not subsequently intermarry under s. 767.803, and whose
paternity parentage 14has not been established; and if the
mother of
person who gave birth to the child has
15voluntarily consented to or seeks to voluntarily consent to the termination of
her 16parental rights to the child, the petitioner may file with the petition an affidavit
17signed by the
mother person who gave birth that includes all of the following:
SB464,38,2018
1. A statement that the
mother person who gave birth to the child has
19voluntarily consented to or seeks to voluntarily consent to the termination of
her 20parental rights to the child.
SB464,38,2221
2. A statement acknowledging that the
mother
person who gave birth to the
22child has been asked to identify the
father
other natural parent of the child.
SB464,38,2523
3. A statement that the
mother person who gave birth to the child knows and
24is identifying the
father other natural parent or that
she the person who gave birth
25to the child does not know the identity of the
father other natural parent.
SB464,39,2
14. A statement identifying any
man person who has lived in a familial
2relationship with the child and who may be the
father natural parent of the child.
SB464,39,63
5. If the
mother person who gave birth to the child states that she knows and
4is identifying identifies the
father other natural parent of the child under subd. 3.
5or 4., the
father's other natural parent's name, age, and last-known mailing address,
6and the last-known mailing address of the f
ather's
other natural parent's employer.
SB464,39,107
6. If the
mother person who gave birth to the child states that she does not know
8the identity of the
father other natural parent of the child, an explanation of why
she
9is unable to identify him identification is not possible and a physical description of
10the
father other natural parent of the child.
SB464,39,1511
7. A statement that the
mother person who gave birth to the child has been
12informed and understands that if
he or she misidentifies the
father, other natural
13parent of the child, he or she is permanently barred from attacking the termination
14of
the father's or her either parent's parental rights on the basis that the
father
other
15natural parent of the child was not correctly identified.
SB464,39,1916
8. A statement that the
mother person who gave birth to the child understands
17that
she may be prosecuted under s. 946.32 (2) for false swearing if she makes 18making a false statement that
he or she does not believe is true in the affidavit under
19this paragraph
may result in prosecution under s. 946.32 (2) for false swearing.
SB464,39,2420
9. A statement that the
mother person who gave birth to the child has reviewed
21and understands the affidavit, the name of the person who explained the affidavit
22and the consequences of signing the affidavit to
her
the person who gave birth to the
23child, and a statement that the
mother person who gave birth to the child is signing
24the affidavit voluntarily.
SB464,40,9
1(b) The petitioner shall notify any
man
person identified in the affidavit under
2par. (a) as an alleged
father parent of
his the right to file a declaration of
paternal 3parental interest under s. 48.025 before the birth of the child, within 14 days after
4the birth of the child, or within 21 days after the date on which the notice is mailed,
5whichever is later; of the birth date or anticipated birth date of the child; and of the
6consequences of filing or not filing a declaration of
paternal parental interest. The
7petitioner shall include with the notice a copy of the form required to file a
8declaration of
paternal parental interest under s. 48.025. The notice shall be sent
9by certified mail to the last-known address of the alleged
father parent.
SB464,40,1110
(c) If an affidavit under par. (a) is not filed with the petition, notice shall be
11given to an alleged
father parent under sub. (2).
SB464,81
12Section 81
. 48.42 (2) (b) 1. of the statutes is amended to read:
SB464,40,1513
48.42
(2) (b) 1. A person who has filed an unrevoked declaration of
paternal 14parental interest under s. 48.025 before the birth of the child or within 14 days after
15the birth of the child.
SB464,82
16Section 82
. 48.42 (2) (b) 2. of the statutes is amended to read:
SB464,40,2117
48.42
(2) (b) 2.
A Any person
or persons alleged to the court to be the
father 18parent of the child or who may, based upon the statements of the
mother person who
19gave birth to the child or other information presented to the court, be the
father 20parent of the child unless that person has waived the right to notice under s. 48.41
21(2) (c).
SB464,83
22Section 83
. 48.42 (2) (bm) 1. of the statutes is amended to read:
SB464,41,223
48.42
(2) (bm) 1. A person who has filed an unrevoked declaration of
paternal 24parental interest under s. 48.025 before the birth of the child, within 14 days after
1the birth of the child, or within 21 days after a notice under sub. (1g) (b) is mailed,
2whichever is later.
SB464,84
3Section 84
. 48.42 (2m) (b) of the statutes is amended to read:
SB464,41,164
48.42
(2m) (b)
Parent of nonmarital child. A person who may be the
father 5parent of a nonmarital child who is not adopted or whose parents do not subsequently
6intermarry under s. 767.803 and whose
paternity
parentage has not been
7established, by virtue of the fact that
he the person has engaged in sexual intercourse
8with the
mother of person who gave birth to the child, is considered to be on notice
9that a pregnancy and a termination of parental rights proceeding concerning the
10child may occur, and has the duty to protect his
or her own rights and interests.
He 11A person described in this paragraph is therefore entitled to actual notice of such a
12proceeding only as provided in sub. (2) (b) or (bm). A person who is not entitled to
13notice under sub. (2) (b) or (bm) does not have standing to appear and contest a
14petition for the termination of
his the person's parental rights, present evidence
15relevant to the issue of disposition, or make alternative dispositional
16recommendations.
SB464,85
17Section 85
. 48.42 (4) (b) 5. of the statutes is amended to read:
SB464,41,2118
48.42
(4) (b) 5. The notice shall not include the name of the
mother person who
19gave birth to the child unless the
mother
person who gave birth to the child consents.
20The notice shall not include the name of the child unless the court finds that inclusion
21of the child's name is essential to give effective notice to
the father a parent.
SB464,86
22Section 86
. 48.422 (6) (a) of the statutes is amended to read:
SB464,42,723
48.422
(6) (a) In the case of a nonmarital child who is not adopted or whose
24parents do not subsequently intermarry under s. 767.803 and for whom
paternity 25parentage has not been established, or for whom a declaration of
paternal parental
1interest has not been filed under s. 48.025 within 14 days after the date of birth of
2the child or, if s. 48.42 (1g) (b) applies, within 21 days after the date on which the
3notice under s. 48.42 (1g) (b) is mailed, the court shall hear testimony concerning the
4paternity parentage of the child. Based on the testimony, the court shall determine
5whether all interested parties who are known have been notified under s. 48.42 (2)
6and (2g) (ag). If not, the court shall adjourn the hearing and order appropriate notice
7to be given.
SB464,87
8Section 87
. 48.422 (7) (bm) of the statutes is amended to read:
SB464,43,29
48.422
(7) (bm) Establish whether a proposed adoptive parent of the child has
10been identified. If a proposed adoptive parent of the child has been identified and
11the proposed adoptive parent is not a relative of the child, the court shall order the
12petitioner to submit a report to the court containing the information specified in s.
1348.913 (7). The court shall review the report to determine whether any payments or
14agreement to make payments set forth in the report are coercive to the birth parent
15of the child or to an alleged
to or presumed
father parent of the child or are
16impermissible under s. 48.913 (4). Making any payment to or on behalf of
the any 17birth parent
of the child, an, alleged or presumed
father parent of the child
, or the
18child conditional in any part upon transfer or surrender of the child or the
19termination of parental rights or the finalization of the adoption creates a rebuttable
20presumption of coercion. Upon a finding of coercion, the court shall dismiss the
21petition or amend the agreement to delete any coercive conditions, if the parties
22agree to the amendment. Upon a finding that payments
which that are
23impermissible under s. 48.913 (4) have been made, the court may dismiss the petition
24and may refer the matter to the district attorney for prosecution under s. 948.24 (1).
1This paragraph does not apply if the petition was filed with a petition for adoptive
2placement under s. 48.837 (2).
SB464,88
3Section 88
. 48.422 (7) (br) of the statutes is amended to read:
SB464,43,64
48.422
(7) (br) Establish whether any person has coerced a birth parent or
any 5alleged or presumed
father parent of the child in violation of s. 48.63 (3) (b) 5. Upon
6a finding of coercion, the court shall dismiss the petition.
SB464,89
7Section 89
. 48.423 (1) and (2) of the statutes are amended to read:
SB464,43,188
48.423
(1) Rights to paternity parentage determination. If a person appears
9at the hearing and claims
that he is to be the
father parent of the child, the court shall
10set a date for a hearing on the issue of
paternity
parentage or, if all parties agree, the
11court may immediately commence hearing testimony concerning the issue of
12paternity parentage. The court shall inform the person claiming to be the
father 13parent of the child of any right to counsel under s. 48.23. The person claiming to be
14the
father parent of the child must prove
paternity parentage by clear and convincing
15evidence. A person who establishes
his paternity
parentage of the child under this
16section may further participate in the termination of parental rights proceeding only
17if the person meets the conditions specified in sub. (2) or meets a condition specified
18in s. 48.42 (2) (b) or (bm).
SB464,43,25
19(2) Rights of out-of-state fathers parents. A person who may be the
father 20parent of a nonmarital child who is not adopted or whose parents do not subsequently
21intermarry under s. 767.803 and whose
paternity
parentage has not been
22established may contest the petition, present evidence relevant to the issue of
23disposition, and make alternative dispositional recommendations if the person
24appears at the hearing, establishes
paternity
parentage under sub. (1), and proves
25all of the following by a preponderance of the evidence:
SB464,44,3
1(a) That the person resides and has resided in another state where the
mother
2of person who gave birth to the child resided or was located at the time of or after the
3conception of the child.
SB464,44,54
(b) That the
mother person who gave birth to the child left that state without
5notifying or informing that person that
he or she could be located in this state.
SB464,44,86
(c) That the person attempted to locate the
mother
person who gave birth to the
7child through every reasonable means, but did not know or have reason to know that
8the
mother person who gave birth to the child was residing or located in this state.
SB464,44,119
(d) That the person has complied with the requirements of the state where the
10mother person who gave birth to the child previously resided or was located to protect
11and preserve
his paternal parental interests in matters affecting the child.
SB464,90
12Section 90
. 48.43 (6) (b) of the statutes is amended to read:
SB464,44,1613
48.43
(6) (b) The
mother of
person who gave birth to a child who completes an
14affidavit under s. 48.42 (1g) may not collaterally attack a judgment terminating
15parental rights on the basis that the
father
other parent of the child was not correctly
16identified.
SB464,91
17Section 91
. 48.432 (1) (am) 1. of the statutes is amended to read:
SB464,44,1918
48.432
(1) (am) 1. The
mother
person who gave birth to the child designated
19on the individual's or adoptee's original birth record.
SB464,92
20Section 92
. 48.432 (1) (am) 2. b. of the statutes is amended to read:
SB464,44,2321
48.432
(1) (am) 2. b. If there is no adjudicated
father parent, the
husband 22spouse of the
mother person who gave birth to the child at the time the individual
23or adoptee is conceived or born, or when the parents intermarry under s. 767.803.
SB464,93
24Section
93. 48.435 of the statutes is amended to read:
SB464,45,3
148.435 Custody of children. The
mother of person who gave birth to a
2nonmarital child has legal custody of the child unless the court grants legal custody
3to another person or transfers legal custody to an agency.
SB464,94
4Section 94
. 48.63 (3) (b) 4. of the statutes is amended to read:
SB464,45,135
48.63
(3) (b) 4. Before a child may be placed under subd. 1., the department,
6county department, or child welfare agency making the placement and the proposed
7adoptive parent or parents shall enter into a written agreement that specifies who
8is financially responsible for the cost of providing care for the child prior to the
9finalization of the adoption and for the cost of returning the child to the parent who
10has custody of the child if the adoption is not finalized. Under the agreement, the
11department, county department, or child welfare agency or the proposed adoptive
12parent or parents, but not
the any birth parent
of the child or
any alleged or
13presumed
father parent of the child, shall be financially responsible for those costs.
SB464,95
14Section 95
. 48.63 (3) (b) 5. of the statutes is amended to read:
SB464,45,2015
48.63
(3) (b) 5. Prior to termination of parental rights to the child, no person
16may coerce a birth parent
of the child or
any alleged or presumed
father parent of the
17child into refraining from exercising his or her right to withdraw consent to the
18transfer or surrender of the child or to termination of his or her parental rights to the
19child, to have reasonable visitation or contact with the child, or to otherwise exercise
20his or her parental rights to the child.
SB464,96
21Section 96
. 48.82 (1) (a) of the statutes is amended to read:
SB464,45,2322
48.82
(1) (a)
A husband and wife
Spouses jointly, or
either the husband or wife
23if the
other spouse
is
of a parent of the minor.
SB464,97
24Section 97
. 48.837 (1r) (d) of the statutes is amended to read:
SB464,46,9
148.837
(1r) (d) Before a child may be placed under par. (a), the department,
2county department, or child welfare agency making the placement and the proposed
3adoptive parent or parents shall enter into a written agreement that specifies who
4is financially responsible for the cost of providing care for the child prior to the
5finalization of the adoption and for the cost of returning the child to the parent who
6has custody of the child if the adoption is not finalized. Under the agreement, the
7department, county department, or child welfare agency or the proposed adoptive
8parent or parents, but not
the any birth parent
of the child or
any alleged or
9presumed
father parent of the child, shall be financially responsible for those costs.
SB464,98
10Section 98
. 48.837 (1r) (e) of the statutes is amended to read:
SB464,46,1611
48.837
(1r) (e) Prior to termination of parental rights to the child, no person
12may coerce a birth parent
of the child or
any alleged or presumed
father parent of the
13child into refraining from exercising his or her right to withdraw consent to the
14transfer or surrender of the child or to termination of his or her parental rights to the
15child, to have reasonable visitation or contact with the child, or to otherwise exercise
16his or her parental rights to the child.
SB464,99
17Section 99
. 48.837 (6) (b) of the statutes is amended to read: