1995 - 1996 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
To 1995 ASSEMBLY BILL 703
February 29, 1996 - Offered by Committee on Children and Families.
AB703-ASA1,1,5 1An Act to amend 48.27 (8), 48.275 (2) (a), 48.275 (2) (c), 48.275 (2) (d), 48.275 (3),
2938.235 (8), 938.27 (8), 938.275 (2) (a), 938.275 (2) (c) and 938.275 (2) (d); and
3to repeal and recreate 48.235 (8) of the statutes; relating to: the
4responsibility of parents and guardians for guardian ad litem compensation
5proceedings involving children.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB703-ASA1, s. 1 6Section 1 . 48.235 (8) of the statutes, as affected by 1995 Wisconsin Act 27, is
7repealed and recreated to read:
AB703-ASA1,1,12 848.235 (8) Compensation. (a) A guardian ad litem appointed under this
9chapter shall be allowed reasonable compensation, and, except as provided in par.
10(b) or in s. 48.275 (2) (a), the county of venue shall pay that compensation. If the court
11orders a county to pay the compensation of a guardian ad litem, the amount ordered
12may not exceed the compensation paid to private attorneys under s. 977.08 (4m) (b).
AB703-ASA1,2,8 13(b) The compensation of a guardian ad litem appointed under this chapter shall
14be paid by the proposed adoptive parents in uncontested termination proceedings

1and uncontested adoption cases under ss. 48.835 and 48.837 and by the agency in
2uncontested termination proceedings and uncontested adoptions under s. 48.833. If
3the proposed adoptive parents are unable to pay, the court may direct that the county
4of venue pay the compensation, in whole or in part, and may direct that the proposed
5adoptive parents reimburse the county, in whole or in part, for the payment. At any
6time before the final order for adoption, the court may order that payments be placed
7in an escrow account in an amount estimated to be sufficient to pay the compensation
8of the guardian ad litem.
AB703-ASA1, s. 2 9Section 2 . 48.27 (8) of the statutes, as affected by 1995 Wisconsin Act 77, is
10amended to read:
AB703-ASA1,2,14 1148.27 (8) When a petition is filed under s. 48.13, the court shall notify, in
12writing, the child's parents or guardian that they may be ordered to reimburse this
13state or the county for the costs of legal counsel
or guardian ad litem provided for the
14child, as provided under s. 48.275 (2).
AB703-ASA1, s. 3 15Section 3 . 48.275 (2) (a) of the statutes, as affected by 1995 Wisconsin Act 77,
16is amended to read:
AB703-ASA1,2,25 1748.275 (2) (a) If this state or a county provides legal counsel to or a guardian
18ad litem for
a child subject to a proceeding under s. 48.13, the court shall order the
19child's parent to reimburse the state or county in accordance with par. (b) or (c). The
20court may not order reimbursement if a parent is the complaining or petitioning
21party or if the court finds that the interests of the parent and the interests of the child
22in the proceeding are substantially and directly adverse and that reimbursement
23would be unfair to the parent. The court may not order reimbursement until the
24completion of the proceeding or until the state or county is no longer providing the
25child with legal counsel
or a guardian ad litem in the proceeding.
AB703-ASA1, s. 4
1Section 4. 48.275 (2) (c) of the statutes is amended to read:
AB703-ASA1,3,7 248.275 (2) (c) If the county provides the child with legal counsel or with a
3guardian ad litem
and the court orders reimbursement under par. (a), the court shall
4either make a determination of indigency or shall appoint the county department to
5make the determination. If the court or the county department finds that the parent
6is not indigent or is indigent in part, the court shall establish the amount of
7reimbursement and shall order the parent to pay it.
AB703-ASA1, s. 5 8Section 5. 48.275 (2) (d) of the statutes, as affected by 1995 Wisconsin Act 27,
9is amended to read:
AB703-ASA1,3,17 1048.275 (2) (d) Reimbursement payments shall be made to the clerk of courts
11of the county where the proceedings took place. Each payment shall be transmitted
12to the county treasurer, who shall deposit 25% of the amount paid for state-provided
13counsel in the county treasury and transmit the remainder to the state treasurer.
14Payments transmitted to the state treasurer shall be deposited in the general fund
15and credited to the appropriation account under s. 20.550 (1) (L). The county
16treasurer shall deposit 100% of the amount paid for county-provided counsel
or
17county-provided guardian ad litem
in the county treasury.
AB703-ASA1, s. 6 18Section 6. 48.275 (3) of the statutes, as affected by 1995 Wisconsin Act 77, is
19amended to read:
AB703-ASA1,3,2120 48.275 (3) This section does not apply to any proceeding under s. 48.235 (8) (b)
21or 48.375 (7).
AB703-ASA1, s. 7 22Section 7. 938.235 (8) of the statutes, as created by 1995 Wisconsin Act 77, is
23amended to read:
AB703-ASA1,4,4 24938.235 (8) Compensation. On order of the court, the guardian ad litem
25appointed under this chapter shall be allowed reasonable compensation to be paid

1by the county of venue
, except as provided in s. 938.275 (2) (a) or unless the court
2orders otherwise
. If the court orders a county to pay the compensation of the
3guardian ad litem, the amount ordered may not exceed the compensation paid to
4private attorneys under s. 977.08 (4m) (b).
AB703-ASA1, s. 8 5Section 8. 938.27 (8) of the statutes, as created by 1995 Wisconsin Act 77, is
6amended to read:
AB703-ASA1,4,107 938.27 (8) When a petition is filed under s. 938.12 or 938.13, the court shall
8notify, in writing, the juvenile's parents or guardian that they may be ordered to
9reimburse this state or the county for the costs of legal counsel or guardian ad litem
10provided for the juvenile, as provided under s. 938.275 (2).
AB703-ASA1, s. 9 11Section 9. 938.275 (2) (a) of the statutes, as created by 1995 Wisconsin Act 77,
12is amended to read:
AB703-ASA1,4,2213 938.275 (2) (a) If this state or a county provides legal counsel or a guardian ad
14litem
to a juvenile subject to a proceeding under s. 938.12 or 938.13, the court shall
15order the juvenile's parent to reimburse the state or county in accordance with par.
16(b) or (c). The court may not order reimbursement if a parent is the complaining or
17petitioning party or if the court finds that the interests of the parent and the interests
18of the juvenile in the proceeding are substantially and directly adverse and that
19reimbursement would be unfair to the parent. The court may not order
20reimbursement until the completion of the proceeding or until the state or county is
21no longer providing the juvenile with legal counsel or a guardian ad litem in the
22proceeding.
AB703-ASA1, s. 10 23Section 10. 938.275 (2) (c) of the statutes, as created by 1995 Wisconsin Act
2477
, is amended to read:
AB703-ASA1,5,6
1938.275 (2) (c) If the county provides the juvenile with legal counsel or a
2guardian ad litem
and the court orders reimbursement under par. (a), the court shall
3either make a determination of indigency or shall appoint the county department to
4make the determination. If the court or the county department finds that the parent
5is not indigent or is indigent in part, the court shall establish the amount of
6reimbursement and shall order the parent to pay it.
AB703-ASA1, s. 11 7Section 11. 938.275 (2) (d) of the statutes, as created by 1995 Wisconsin Act
877
, is amended to read:
AB703-ASA1,5,169 938.275 (2) (d) Reimbursement payments shall be made to the clerk of courts
10of the county where the proceedings took place. Each payment shall be transmitted
11to the county treasurer, who shall deposit 25% of the amount paid for state-provided
12counsel in the county treasury and transmit the remainder to the state treasurer.
13Payments transmitted to the state treasurer shall be deposited in the general fund
14and credited to the appropriation account under s. 20.550 (1) (L). The county
15treasurer shall deposit 100% of the amount paid for county-provided counsel or
16county-provided guardian ad litem
in the county treasury.
AB703-ASA1, s. 12 17Section 12. Initial applicability.
AB703-ASA1,5,21 18(1) Parental responsibility for guardian ad litem compensation. The
19treatment of sections 48.27 (8), 48.275 (2) (a), (c) and (d), 938.27 (8) and 938.275 (2)
20(a), (c) and (d) of the statutes first applies to guardians ad litem appointed on the
21effective date of this subsection.
AB703-ASA1, s. 13 22Section 13. Effective date.
AB703-ASA1,5,24 23(1) This act takes effect on July 1, 1996, or on the day after publication,
24whichever is later.
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