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Wisconsin Legislature: AB314: Bill Text
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AB314: Bill Text
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2025 - 2026 LEGISLATURE
LRB-3404/1
MDE:cjs
2025 ASSEMBLY BILL 314
June 6, 2025 - Introduced by Representatives
Snodgrass
,
Stroud
,
Udell
,
Cruz
,
Neubauer
,
Phelps
,
Rivera-Wagner
,
Arney
,
Clancy
,
Anderson
,
Andraca
,
Bare
,
Brown
,
DeSanto
,
DeSmidt
,
Emerson
,
Fitzgerald
,
Hong
,
Hysell
,
Joers
,
Madison
,
Mayadev
,
McCarville
,
Miresse
,
Moore Omokunde
,
Ortiz-Velez
,
Palmeri
,
Prado
,
Roe
,
Sheehan
,
Stubbs
,
Subeck
,
Tenorio
,
Vining
and
Johnson
, cosponsored by Senators
Spreitzer
,
Carpenter
,
Dassler-Alfheim
,
Roys
,
Ratcliff
,
Drake
,
Habush Sinykin
,
Hesselbein
,
L. Johnson
,
Keyeski
,
Larson
,
Pfaff
and
Wirch
. Referred to Committee on State Affairs.
AB314,4,15
1
An Act
to repeal
115.76 (12) (a) 2., 115.76 (12) (a) 3., 767.89 (2) (b) 1., 2. and 3.
2
and 769.401 (2) (g);
to renumber
767.84 (1) (a) 1. and 2.;
to renumber and
3
amend
767.84 (1) (a) 3., 767.89 (2) (b) (intro.) and 891.41 (1) (b);
to amend
4
29.219 (4), 29.228 (5), 29.228 (6), 29.229 (2) (i), 29.2295 (2) (i), 29.563 (3) (a) 3.,
5
29.607 (3), 45.01 (6) (c), 45.51 (3) (c) 2., 45.51 (5) (a) 1. b., 45.51 (5) (a) 1. c.,
6
45.55, 46.03 (34), 46.10 (2), 46.238, 48.02 (13), 48.025 (title), 48.025 (1), 48.025
7
(2) (a), 48.025 (2) (b), 48.025 (2) (c), 48.025 (2) (d), 48.025 (3) (b), 48.025 (3) (c),
8
48.025 (5) (a) 1., 48.19 (1) (cm), 48.193 (1) (c), 48.20 (8) (b), 48.203 (4), 48.203
9
(5), 48.203 (6) (a), 48.205 (1) (d), 48.205 (1m), 48.21 (1) (b) 4., 48.213 (1) (b),
10
48.217 (1) (c) 2., 48.217 (4), 48.23 (2m) (b), 48.245 (2r), 48.245 (3), 48.245 (4),
11
48.245 (5), 48.245 (8), 48.255 (1m) (f), 48.255 (1m) (g), 48.255 (4), 48.27 (3) (b)
12
1. and 2., 48.27 (3) (c), 48.27 (4) (b) 2., 48.27 (5), 48.295 (1), 48.299 (1) (a),
13
48.299 (6) (intro.), 48.299 (6) (e) 1., 48.299 (6) (e) 2., 48.299 (6) (e) 3., 48.299 (6)
1
(e) 4., 48.299 (7), 48.299 (8), 48.30 (2), 48.32 (1) (a), 48.33 (2), 48.33 (4) (intro.),
2
48.345 (intro.), 48.345 (14) (a), 48.347 (intro.), 48.347 (6) (a), 48.355 (1), 48.355
3
(2) (b) 2m., 48.355 (4g) (a) 1., 48.356 (1), 48.357 (1) (am) 2. b., 48.357 (5r),
4
48.361 (2) (a) 1m., 48.362 (3m), 48.41 (2) (c), 48.415 (6) (b), 48.415 (9) (a) and
5
(b), 48.42 (1g), 48.42 (2) (b) 1., 48.42 (2) (b) 2., 48.42 (2) (bm) 1., 48.42 (2m) (b),
6
48.42 (4) (b) 5., 48.422 (6) (a), 48.422 (7) (bm), 48.422 (7) (br), 48.423 (1) and
7
(2), 48.43 (6) (b), 48.432 (1) (am) 1., 48.432 (1) (am) 2. b., 48.435, 48.63 (3) (b)
8
4., 48.63 (3) (b) 5., 48.82 (1) (a), 48.837 (1r) (d), 48.837 (1r) (e), 48.837 (6) (b),
9
48.837 (6) (br), 48.837 (8), 48.913 (1) (a), 48.913 (1) (b), 48.913 (1) (c), 48.913 (1)
10
(f), 48.913 (1) (i), 48.913 (1) (m), 48.913 (2) (intro.), 48.913 (2) (b), 48.913 (2) (c)
11
(intro.), 48.913 (3), 48.9795 (1) (a) 1. c. and (b), 48.9795 (4) (e) 3., 49.141 (1) (i)
12
3., 49.141 (1) (j) 1., 49.141 (1) (j) 2., 49.141 (1) (j) 4., 49.141 (1) (j) 5., 49.141 (1)
13
(j) 6., 49.148 (1m) (title), 49.148 (1m) (a) 2., 49.148 (1m) (c) 2., 49.155 (1m) (c)
14
1g., 49.155 (1m) (c) 1h., 49.162 (2m) (a) 2., 49.162 (2m) (b) 2., 49.163 (2) (am) 2.,
15
49.19 (1) (a) 2. a., 49.19 (4) (d) (intro.), 49.19 (4) (d) 1., 49.19 (4) (d) 2., 49.19 (4)
16
(d) 3., 49.19 (4) (d) 4., 49.19 (4) (d) 5., 49.225 (2), 49.225 (3) (a), 49.26 (1) (g) 11.,
17
49.345 (2), 49.43 (12), 49.463 (3) (b) 2. a., 49.471 (1) (b) 2., 49.79 (6q) (b) 2. a.,
18
49.90 (4), 51.13 (4) (h) 4., 54.01 (36) (a), 54.960 (1), 69.03 (14), 69.03 (15), 69.11
19
(4) (b), 69.12 (5), 69.13 (intro.), 69.13 (2) (b) 4., 69.14 (1) (c) 4., 69.14 (1) (cm),
20
69.14 (1) (e), 69.14 (1) (f) 1., 69.14 (1) (g), 69.14 (1) (h), 69.14 (2) (b) 2. c. and d.,
21
69.15 (1), 69.15 (3) (a) (intro.), 1., 2. and 3. and (b) 1., 2., 3. and 4. (intro.), a.
22
and b., 69.15 (3m) (title), 69.15 (3m) (a) 3. and (b), 69.18 (1) (e) 1. (intro.), 69.20
23
(2) (b), 71.03 (2) (d) (title), 71.03 (2) (d) 1., 71.03 (2) (d) 2., 71.03 (2) (d) 3., 71.03
1
(2) (g), 71.03 (2) (m) 2., 71.03 (4) (a), 71.05 (22) (a) (title), 71.07 (5m) (a) 3.,
2
71.07 (9e) (b), 71.09 (13) (a) 2., 71.52 (4), 71.83 (1) (a) 8., 71.83 (1) (b) 5., 77.25
3
(8m), 77.54 (7) (b) 1., 101.91 (5m), 102.07 (5) (b), 102.07 (5) (c), 103.10 (1) (h),
4
103.165 (3) (a) 3., 111.32 (12), 115.76 (12) (a) 1., 115.76 (12) (a) 4., 115.76 (13),
5
146.0255 (2), 146.0255 (3) (intro.) and (b), 146.0257 (2), 146.34 (1) (f), 146.817
6
(1), 157.05, 182.004 (6), 217.02 (6) (c), 217.05 (5) (e) 7., 217.05 (7) (b), 250.04 (3)
7
(a), 253.165, 301.01 (2) (cm), 301.12 (2), 301.50 (1), 441.15 (4), 700.19 (2),
8
705.01 (4), 705.01 (4m), 706.09 (1) (e), 757.69 (1) (g) 2., 757.69 (1) (g) 9., 757.69
9
(1m) (d), 765.001 (2), 765.01, 765.03 (1), 765.12 (1) (a), 765.16 (1m) (intro.),
10
765.16 (1m) (c), 765.23, 765.24, 765.30 (3) (a), 766.587 (7) (form) 9., 766.588 (9)
11
(form) 13., 766.589 (10) (form) 14., 767.001 (1m), 767.215 (2) (b), 767.215 (5) (a)
12
2., 767.323, 767.43 (3) (b) and (4), 767.80 (1) (c), 767.80 (1) (d), 767.80 (1) (k),
13
767.80 (1m), 767.80 (2), 767.80 (5) (a) and (b), 767.80 (5m), 767.80 (6m), 767.80
14
(6r) (a) 1., 2. c. and 3., 767.803, 767.804 (1) (title), 767.804 (1) (a) (intro.), 1., 3.
15
and 4., 767.804 (1) (b) (intro.), 2., 3. and 4., 767.804 (1) (c) 1. and 2., 767.804 (1)
16
(d), 767.804 (2), 767.804 (3) (d) 1. and 2., 767.804 (4) (a) 1. (intro.), 767.804 (4)
17
(a) 2., 767.805 (2) (b), 767.805 (4) (d), 767.805 (5) (b), 767.813 (5) (a), (b) and (c),
18
767.813 (5g), 767.815 (2) (a) and (b), 767.82 (2m) and (4), 767.83 (1), 767.84 (1)
19
(a) (intro.), 767.84 (1) (b) (intro.) and 2., 767.84 (4), 767.84 (6), 767.85 (1),
20
767.855, 767.863 (1m), 767.863 (2), 767.87 (1) (a), (b), (d) and (e), 767.87 (1m)
21
(intro.), 767.87 (2), 767.87 (3), 767.87 (6), 767.87 (9), 767.87 (10), 767.88 (2) (b)
22
and (c), 767.883 (1), 767.89 (2) (a), 767.89 (3) (e), 767.893 (1m), (2) (b) 1. and 2.
23
and (2m) (a), 767.895 (intro.), 769.201 (1m) (g), 769.316 (4), 769.316 (9),
1
769.401 (2) (a), 770.07 (2), 786.36 (1) (c), 808.075 (4) (a) 4., 815.20 (1), 822.40
2
(4), 851.30 (2) (a), 852.01 (1) (d), 852.01 (1) (f) 1., 852.01 (1) (f) 2., 852.01 (1) (f)
3
3., 852.05 (1) and (2), 854.03 (3), 891.39 (title), 891.39 (1) (a), 891.39 (2) (a),
4
891.39 (3), 891.395, 891.40, 891.405, 891.407, 891.41 (title), 891.41 (1) (intro.),
5
891.41 (1) (a), 891.41 (2), 905.04 (4) (e) 3., 905.05 (title), 938.02 (13), 938.27 (3)
6
(b), 938.27 (5), 938.299 (6) (intro.), 938.299 (6) (e) 1., 2., 3. and 4., 938.299 (7)
7
and (8), 938.355 (4g) (a) 1., 939.24 (1), 939.25 (1), 940.01 (1) (b), 940.02 (1m),
8
940.05 (2g) (intro.), 940.05 (2h), 940.195 (1), 940.195 (2), 940.195 (4), 940.195
9
(5), 940.23 (1) (b), 943.20 (2) (c), 943.201 (1) (b) 8., 943.205 (2) (b), 944.17 (3),
10
944.20 (2), 948.10 (2) (b), 948.31 (2) and 990.01 (19j) (b);
to repeal and
11
recreate
69.15 (3) (title), subchapter IX (title) of chapter 767 [precedes 767.80]
12
and 767.80 (1) (b);
to create
48.02 (5k), 69.15 (3) (b) 3m., 765.02 (3), 767.84 (1)
13
(a) 2m., 891.41 (3), 938.02 (5s), 990.01 (22h), 990.01 (39) and 990.01 (40m) of
14
the statutes;
relating to:
adopting gender-neutral terminology and
15
incorporating gender-neutral marriage and parentage rights.
Analysis by the Legislative Reference Bureau
Summary
This bill recognizes same-sex marriage by making references in the statutes to spouses gender-neutral, with the intent of harmonizing the Wisconsin Statutes with the holding of the U.S. Supreme Court in
Obergefell v. Hodges
, 135 S. Ct. 2584, 192 L. Ed. 2d 609 (2015), which recognizes that same-sex couples have a fundamental constitutional right to marriage. The bill also recognizes legal parentage for same-sex couples under certain circumstances and adopts gender-neutral parentage terminology.
Same-sex marriage
The bill provides that marriage may be contracted between persons of the same sex and confers the same rights and responsibilities on married persons of the same sex that married persons of different sexes have under current law. The bill defines “spouse” as a person who is legally married to another person of the same sex or a different sex and replaces every reference to “husband” or “wife” in current law with “spouse.” The bill makes applicable to married persons of the same sex all provisions under current law that apply to married persons of different sexes. These provisions relate to such diverse areas of the law as income tax, marital property, inheritance rights, divorce, child and spousal support, insurance coverage, family and spousal recreational licenses, consent to conduct an autopsy, domestic abuse, and eligibility for various types of benefits, such as retirement or death benefits and medical assistance.
Parentage
In addition to making statutory references to spouses gender-neutral, the bill specifies ways in which couples of the same sex may be the legal parents of a child, recognizes that a transgender person may become pregnant and give birth to a child, and makes current references in the statutes to “mother” and “father,” and related terms, gender-neutral.
Under current law, all of the following may adopt a child: a husband and wife jointly, a husband or wife whose spouse is the parent of the child, and an unmarried adult. Because the bill makes references in the statutes to spouses gender-neutral, same-sex spouses jointly may adopt a child and become the legal parents of the child, and a same-sex spouse of a person who is the parent of a minor child may adopt the child and become the legal parent of his or her spouse’s child.
Under current law, if a woman is artificially inseminated under the supervision of a physician with semen donated by a man who is not her husband and the husband consents in writing to the artificial insemination of his wife, the husband is the natural father of any child conceived. Under the bill, one spouse may also consent to the artificial insemination of his or her spouse and is the natural parent of the child conceived. The artificial insemination is not required to take place under the supervision of a physician, but, if it does not, the semen used for the insemination must have been obtained from a sperm bank.
Under current law, a man is presumed to be the father of a child if he and the child’s natural mother 1) were married to each other when the child was conceived or born or 2) married each other after the child was born but had a relationship with each other when the child was conceived and no other man has been adjudicated to be the father or is presumed to be the father because the man was married to the mother when the child was conceived or born. The paternity presumption may be rebutted in a legal action or proceeding by the results of a genetic test showing that the statistical probability of another man’s parentage is 99.0 percent or higher. The bill expands this presumption into a parentage presumption, so that a person is presumed to be the natural parent of a child if he or she 1) was married to the person who gave birth to the child when the child was conceived or born or 2) married the person who gave birth to the child after the child was born but had a relationship with the person who gave birth to the child when the child was conceived and no person has been adjudicated to be the child’s parent and no other person is presumed to be the child’s parent because he or she was married, at the time the child was born, to the person who gave birth to the child. The parentage presumption may still be rebutted by the results of a genetic test showing that the statistical probability of another person’s parentage is 99.0 percent or higher. Expanding on current law, the bill allows for a parentage action to be brought for the purpose of rebutting the parentage presumption, regardless of whether that presumption applies to a male or female spouse.
Current law provides that a mother and a man may sign a statement acknowledging paternity and file it with the state registrar. If the state registrar has received such a statement, the man is presumed to be the father of the child. Under current law, either person who has signed a statement acknowledging paternity may rescind the statement before an order is filed in an action affecting the family concerning the child or within 60 days after the statement is filed, whichever occurs first. Under current law, a man who has filed a statement acknowledging paternity that is not rescinded within the time period is conclusively determined to be the father of the child. The bill provides that two people, one of whom gave birth to the child, may sign a statement acknowledging parentage and file it with the state registrar. If the state registrar has received such a statement, the people who have signed the statement are presumed to be the parents of the child. Under the bill, a statement acknowledging parentage that is not rescinded conclusively establishes parentage with regard to the person who did not give birth to the child and who signed the statement.
Under current law, the paternity of a child may be established by genetic testing in an administrative determination of paternity or in a paternity action in court. The bill changes the term “paternity” to “parentage” in the context of establishing the parent of a child by genetic testing.
The bill defines “natural parent” as a parent of a child who is not an adoptive parent, whether the parent is biologically related to the child or not. Thus, a person who is a biological parent, a parent by consenting to the artificial insemination of his or her spouse, or a parent under the parentage presumption is a natural parent of a child. The definition applies throughout the statutes wherever the term “natural parent” is used. In addition, the bill expands some references in the statutes to “biological parent” by changing the reference to “natural parent.”
Birth certificates
Generally, the bill substitutes the term “spouse” for “husband” in the birth certificate statutes and enters the spouse, instead of the husband, of the person who has given birth on the birth certificate at times when a husband would currently be entered on a birth certificate. The name of the person who has given birth is entered on a birth certificate when the person gives birth to a child, and current law specifies when another name should be entered on the birth certificate. Current law requires that if a birth mother is married at any time from the conception to the birth of a child, then her husband’s name is entered on the birth certificate as the legal father of the child. Under the bill, if a person who gives birth is married at any time from the conception to the birth of the child, then that person’s spouse’s name is entered as a legal parent of the child. The bill also specifies that, in the instance that a second parent’s name is initially omitted from the birth certificate, if the state registrar receives a signed acknowledgement of parentage by people presumed to be parents because the two people married after the birth of the child, the two people had a relationship during the time the child was conceived, no person is adjudicated to be the father, and no other person is presumed to be the parent, then the state registrar must enter the name of the spouse of the person who gave birth as a parent on the birth certificate.
Because this bill relates to an exemption from state or local taxes, it may be referred to the Joint Survey Committee on Tax Exemptions for a report to be printed as an appendix to the bill.
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:
AB314,1
1
Section
1
.
29.219 (4) of the statutes is amended to read:
AB314,5,5
2
29.219
(4)
Husband and wife
Spouses
resident licenses.
A combined
3
husband and wife
spouses
resident fishing license shall be issued subject to s.
4
29.024 by the department to residents applying for this license. This license confers
5
upon both
husband and wife
spouses
the privileges of resident fishing licenses.
AB314,2
6
Section
2
.
29.228 (5) of the statutes is amended to read:
AB314,5,10
7
29.228
(5)
Annual family fishing license.
The department shall issue a
8
nonresident annual family fishing license, subject to s. 29.024, to any nonresident
9
who applies for this license. This license entitles the
husband, wife
spouses
and any
10
minor children to fish under this license.
AB314,3
11
Section
3
.
29.228 (6) of the statutes is amended to read:
AB314,6,2
12
29.228
(6)
Fifteen-day family fishing license.
The department shall issue
13
a nonresident 15-day family fishing license, subject to s. 29.024, to any nonresident
1
who applies for this license. This license entitles the
husband, wife
spouses
and any
2
minor children to fish under this license.
AB314,4
3
Section
4
.
29.229 (2) (i) of the statutes is amended to read:
AB314,6,4
4
29.229
(2)
(i)
Husband and wife
Spouses
fishing licenses.
AB314,5
5
Section
5
.
29.2295 (2) (i) of the statutes is amended to read:
AB314,6,6
6
29.2295
(2)
(i)
Husband and wife
Spouses
fishing licenses.
AB314,6
7
Section
6
.
29.563 (3) (a) 3. of the statutes is amended to read:
AB314,6,8
8
29.563
(3)
(a) 3.
Husband and wife
Spouses
: $30.25.
AB314,7
9
Section
7
.
29.607 (3) of the statutes is amended to read:
AB314,6,19
10
29.607
(3)
License required; exceptions; wild rice identification card.
11
Every person over the age of 16 and under the age of 65 shall obtain the appropriate
12
wild rice license to harvest or deal in wild rice but no license to harvest is required
13
of the members of the immediate family of a licensee or of a recipient of old-age
14
assistance or members of their immediate families. The department, subject to s.
15
29.024 (2g) and (2r), shall issue a wild rice identification card to each member of a
16
licensee’s immediate family, to a recipient of old-age assistance and to each member
17
of the recipient’s family. The term “immediate family” includes
husband and wife
18
spouses
and minor children having their abode and domicile with the parent or
19
legal guardian.
AB314,8
20
Section
8
.
45.01 (6) (c) of the statutes is amended to read:
AB314,6,23
21
45.01
(6)
(c) The
biological
natural
or adoptive parent or a person who acts in
22
the place of a parent and who has so acted for not less than 12 months prior to the
23
veteran’s entrance into active service.
AB314,9
1
Section
9
.
45.51 (3) (c) 2. of the statutes is amended to read:
AB314,7,3
2
45.51
(3)
(c) 2. The department may deviate from this sequence upon order of
3
the board to prevent the separation of
a husband and wife
spouses
.
AB314,10
4
Section
10
.
45.51 (5) (a) 1. b. of the statutes is amended to read:
AB314,7,8
5
45.51
(5)
(a) 1. b. Was married to the person under sub. (2) (a) 1. or 2. at the
6
time the person entered the service and who became a
widow or widower
surviving
7
spouse
by the death of the person while in the service or as a result of physical
8
disability of the person incurred during the service.
AB314,11
9
Section
11
.
45.51 (5) (a) 1. c. of the statutes is amended to read:
AB314,7,13
10
45.51
(5)
(a) 1. c. The period during which the surviving spouse was married
11
to and lived with the deceased person under sub. (2) (a) 1. or 2. plus the period
of
12
widowhood or widowerhood
after the death of the deceased person
is 6 months or
13
more.
AB314,12
14
Section
12
.
45.55 of the statutes is amended to read:
AB314,8,6
15
45.55
Notes and mortgages of minor veterans.
Notwithstanding any
16
provision of this chapter or any other law to the contrary, any minor who served in
17
the active armed forces of the United States at any time after August 27, 1940, and
18
the
husband or wife
spouse
of such a minor may execute, in his or her own right,
19
notes or mortgages, as defined in s. 851.15, the payment of which is guaranteed or
20
insured by the U.S. department of veterans affairs or the federal housing
21
administrator under the servicemen’s readjustment act of 1944, the national
22
housing act, or any acts supplementing or amending these acts. In connection with
23
these transactions, the minors may sell, release
,
or convey the mortgaged property
1
and litigate or settle controversies arising therefrom, including the execution of
2
releases, deeds, and other necessary papers or instruments. The notes, mortgages,
3
releases, deeds
,
and other necessary papers or instruments when so executed are
4
not subject to avoidance by the minor or the
husband or wife
spouse
of the minor
5
upon either or both of them attaining the age of 18 because of the minority of either
6
or both of them at the time of the execution thereof.
AB314,13
7
Section
13
.
46.03 (34) of the statutes is amended to read:
AB314,8,14
8
46.03
(34)
Fetal alcohol syndrome and drug danger information.
The
9
department shall acquire, without cost if possible, information that describes the
10
causes and effects of fetal alcohol syndrome and the dangers to a fetus from the
11
mother’s
use of cocaine or other drugs
by the pregnant person
during pregnancy
12
and shall distribute the information free of charge to each county clerk so that each
13
county clerk may provide information to marriage license applicants under s.
14
765.12 (1) (a) and domestic partnership applicants under s. 770.07 (2).
AB314,14
15
Section
14
.
46.10 (2) of the statutes is amended to read:
AB314,9,21
16
46.10
(2)
Except as provided in subs. (2m) and (14) (b) and (c), any person,
17
including but not limited to a person admitted, committed, protected, or placed
18
under s. 975.01, 1977 stats., s. 975.02, 1977 stats., s. 975.17, 1977 stats., s. 55.05 (5),
19
2003 stats., and s. 55.06, 2003 stats., and ss. 51.10, 51.13, 51.15, 51.20, 51.35 (3),
20
51.37 (5), 51.45 (10), (11), (12) and (13), 55.05, 55.055, 55.12, 55.13, 55.135, 971.14
21
(2) and (5), 971.17 (1), 975.06 and 980.06, receiving care, maintenance, services
,
22
and supplies provided by any institution in this state including University of
23
Wisconsin Hospitals and Clinics, in which the state is chargeable with all or part of
1
the person’s care, maintenance, services
,
and supplies, any person receiving care
2
and services from a county department established under s. 51.42 or 51.437 or from
3
a facility established under s. 49.73, and any person receiving treatment and
4
services from a public or private agency under s. 980.06 (2) (c), 1997 stats., s. 980.08
5
(5), 2003 stats., or s. 971.17 (3) (d) or (4) (e) or 980.08 (4) (g) and the person’s
6
property and estate, including the homestead, and the spouse of the person, and the
7
spouse’s property and estate, including the homestead, and, in the case of a minor
8
child, the parents of the person, and their property and estates, including their
9
homestead, and, in the case of a foreign child described in s. 48.839 (1) who became
10
dependent on public funds for his or her primary support before an order granting
11
his or her adoption, the resident of this state appointed guardian of the child by a
12
foreign court who brought the child into this state for the purpose of adoption, and
13
his or her property and estate, including his or her homestead, shall be liable for the
14
cost of the care, maintenance, services
,
and supplies in accordance with the fee
15
schedule established by the department under s. 46.03 (18). If a spouse,
widow
16
surviving spouse,
or minor, or an incapacitated person may be lawfully dependent
17
upon the property for their support, the court shall release all or such part of the
18
property and estate from the charges that may be necessary to provide for those
19
persons. The department shall make every reasonable effort to notify the liable
20
persons as soon as possible after the beginning of the maintenance, but the notice
21
or the receipt thereof is not a condition of liability.
AB314,15
22
Section
15
.
46.238 of the statutes is amended to read:
AB314,9,23
23
46.238
Infants and
Infant or
unborn
children whose mothers abuse
1
child of a person who has abused
controlled substances, controlled
2
substance analogs, or alcohol
during pregnancy
.
If an agency, as defined in s.
3
48.981 (1) (ag), receives a report under s. 146.0255 (2) or 146.0257 (2) and that
4
agency is a county department under s. 46.22 or 46.23 or a licensed child welfare
5
agency under contract with that county department, the agency shall offer to
6
provide appropriate services and treatment to the infant and the
infant’s mother
7
person who gave birth to the infant
or to the unborn child, as defined in s. 48.02
8
(19), and the
expectant mother of
person pregnant with
the unborn child or the
9
agency shall make arrangements for the provision of appropriate services and
10
treatment. If an agency receives a report under s. 146.0255 (2) or 146.0257 (2) and
11
that agency is the department or a licensed child welfare agency under contract
12
with the department, the agency shall refer the report to the county department
13
under s. 51.42 or 51.437 and that county department shall offer to provide, or make
14
arrangements for the provision of, those services and that treatment.
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