AB742: Bill Text

AB742, s. 5 Section 5 . 48.275 (2) (d) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB742,5,16 48.275 (2) (d) Reimbursement payments shall be made to the clerk of courts of the county where the proceedings took place. Each payment shall be transmitted to the county treasurer, who shall deposit 25% of the amount paid for state-provided counsel in the county treasury and transmit the remainder to the state treasurer. Payments transmitted to the state treasurer shall be deposited in the general fund and credited to the appropriation account under s. 20.550 (1) (L). The county treasurer shall deposit 100% of the amount paid for county-provided counsel or county-provided guardian ad litem in the county treasury.

Note: Revisions in Sections 2 to 5 extend the provisions of s. 48.275 that provide for parental reimbursement for county-provided legal counsel in a ch. 48 proceeding to provide for parental reimbursement for GAL services in such proceedings. See the Prefatory note.

AB742, s. 6 Section 6. 48.275 (3) (c) of the statutes is created to read:

AB742,5,18 48.275 (3) (c) Any proceeding covered under s. 48.235 (8) (b).

Note: Clarifies that s. 48.275 does not apply to GAL compensation in proceedings covered under s. 48.235 (8) (b). See the treatment of the latter section by Section 1 of this bill.

AB742, s. 7 Section 7. 55.06 (9) (b) of the statutes is amended to read:

AB742,6,16 55.06 (9) (b) Transfer may be made between placement units or from a placement unit to a medical facility other than those specified in pars. (c) to (e) by a guardian or placement facility without approval by a court. When transfer is made by a placement facility, 24 hours' prior written notice of the transfer shall be provided to the guardian, when feasible. If it is not feasible to notify the guardian in advance, written notice shall be provided immediately upon transfer, and notice shall also be provided to the court and to the board designated under s. 55.02 or an agency designated by it within a reasonable time, not to exceed 48 hours from the time of the transfer. Upon petition to a court by a guardian, ward, or attorney, or other interested person specifying objections to a transfer, the court shall order a hearing, within 96 hours after filing of the petition, to determine whether there is probable cause to believe that the transfer is consistent with the requirements specified in par. (a) and is necessary for the best interests of the ward. The court shall notify the ward, guardian and petitioner of the time and place of the hearing, and a guardian ad litem shall be appointed to represent the ward. If the person is indigent, the county of legal settlement shall be liable for guardian ad litem fees compensation. The petitioner, ward and guardian shall have the right to attend, and to present and cross-examine witnesses.

Note: Substitutes "compensation" for "fees" to make reference to GAL compensation consistent with other statutes.

AB742, s. 8 Section 8. 758.19 (5) (e) 4. of the statutes is repealed.

AB742, s. 9 Section 9. 758.19 (6) (b) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB742,7,6 758.19 (6) (b) From the appropriation under s. 20.625 (1) (e), the director of state courts, beginning on July 1, 1995, shall annually on July 1 pay to each county the county's share, as determined under par. (c), of the total appropriation under s. 20.625 (1) (e). The payment is designed to defray a county's guardian ad litem costs but, except as provided in par. (d), the director of state courts may not require a county to account for the county's guardian ad litem costs or the manner in which or the purposes for which the county expends the payment. If a payment under this subsection exceeds the county's guardian ad litem costs, the county is to utilize that portion of the payment to provide or pay for training for guardians ad litem and for guardian ad litem support services, such as social, family and mental health services.

Note: Encourages counties, when their share of the state program to reimburse counties for GAL compensation exceeds the county's costs, to utilize the excess payment for the specified GAL-related purposes. Use of GAL support services has the potential to result in significant savings in county GAL compensation.

AB742, s. 10 Section 10. 758.19 (6) (cm) of the statutes is created to read:

AB742,7,13 758.19 (6) (cm) In order to enhance the efficient use and compensation of qualified and competent guardians ad litem, counties are urged to consider contracting for guardian ad litem services, including support services for guardians ad litem. The director of state courts, upon request, shall furnish a county with information on the practices of other counties in this state in connection with contracting for guardians ad litem and for support services for guardians ad litem.

Note: Reflects the joint legislative council special committee's determination that contracting for GAL services can be a cost-effective method for counties to provide qualified and competent GALs.

AB742, s. 11 Section 11. 880.33 (2) (a) 3. of the statutes is amended to read:

AB742,7,18 880.33 (2) (a) 3. If the person is indigent, the county of legal settlement shall be the county liable for any fees compensation due the guardian ad litem and, if counsel was not appointed under s. 977.08, for any legal fees due the person's legal counsel.

Note: Substitutes "compensation" for "fees" to make reference to guardian ad litem compensation consistent with other statutes.

AB742, s. 12 Section 12. 891.39 (1) (a) of the statutes is renumbered 891.39 (1).

AB742, s. 13 Section 13 . 891.39 (1) (b) of the statutes, as affected by 1995 Wisconsin Act 27, is repealed.

Note: Repeals the following language:

"891.39 (1) (b) In actions affecting the family, in which the question of paternity is raised, and in paternity proceedings, the court, upon being satisfied that the parties to the action are unable to adequately compensate any such guardian ad litem for the guardian ad litem's services and expenses, shall then make an order specifying the guardian's compensation and expenses, which compensation and expenses shall be paid as provided in s. 967.06. If the court orders a county to pay the compensation of the guardian ad litem, the amount ordered may not exceed the compensation paid to private attorneys under s. 977.08 (4m) (b)."

The language is repealed because:

1. The appointment and compensation of GAL's in actions affecting the family, including paternity proceedings, is generally handled in s. 767.45.

2. The reference to s. 967.06, relating to right to counsel in criminal proceedings, is unclear and has created confusion.

AB742, s. 14 Section 14. 891.39 (2) (a) of the statutes is amended to read:

AB742,8,10 891.39 (2) (a) The mother of the child shall not be excused or privileged from testifying fully in any action or proceeding mentioned in sub. (1) or in any action affecting the family in which the determination of whether the child is a marital or nonmarital child is involved or in issue, when ordered to testify by a court of record or any judge thereof; but she shall not be prosecuted or subjected to any penalty or forfeiture for or on account of testifying or producing evidence, except for perjury committed in giving the testimony.

Note: Amended to reflect the repeal of s. 891.39 (1) (b) by Section 13 .

AB742, s. 15 Section 15. Initial applicability.

AB742,8,14 (1)  Parental responsibility for guardian ad litem compensation. The treatment of sections 48.27 (8) and 48.275 (2) (a), (c) and (d) of the statutes first applies to guardians ad litem appointed on the effective date of this subsection.

AB742,8,15 (End)