48.978(6)(a)(a) Parental rights. The beginning of the duty and authority of a standby guardian under sub. (2) or (3) does not, in itself, divest a parent of any parental rights.
48.978(6)(b) (b) Duties and authority of guardian.
48.978(6)(b)1.1. Unless limited under subd. 2., a standby guardian appointed under sub. (2) or designated under sub. (3) shall have all of the duties and authority specified in s. 48.023.
48.978(6)(b)2. 2. The court may order or a parent may provide that the duties and authority of a standby guardian appointed under sub. (2) or designated under sub. (3) be limited. The duties and authority of a limited standby guardian shall be as specified by the order of appointment under sub. (2) (j) 2. or the written designation under sub. (3) (a). All provisions of the statutes concerning the duties and authority of a guardian shall apply to a limited standby guardian appointed under sub. (2) or designated under sub. (3) to the extent those provisions are relevant to the duties or authority of the limited standby guardian, except as limited by the order of appointment or written designation.
48.978(7) (7)Relationship to ch. 54.
48.978(7)(a)(a) Except when a different right, remedy or procedure is provided under this section, the rights, remedies, and procedures provided in ch. 54 shall govern a standby guardianship created under this section.
48.978(7)(b) (b) This section does not abridge the duties or authority of a guardian appointed under ch. 880, 2003 stats., or ch. 54.
48.978(7)(c) (c) Nothing in this section prohibits an individual from petitioning a court for the appointment of a guardian under ch. 54.
48.978 History History: 1997 a. 334; 2005 a. 130, 387; 2007 a. 96.
subch. XX of ch. 48 SUBCHAPTER XX
MISCELLANEOUS PROVISIONS
48.98 48.98 Interstate placement of children.
48.98(1) (1) No person may bring a child into this state or send a child out of this state for the purpose of placing the child in foster care or treatment foster care or for the purpose of adoption without a certificate from the department that the home is suitable for the child.
48.98(2) (2)
48.98(2)(a)(a) Any person, except a county department or licensed child welfare agency, who brings a child into this state for the purpose of placing the child in a foster home or treatment foster home shall, before the child's arrival in this state, file with the department a $1,000 noncancelable bond in favor of this state, furnished by a surety company licensed to do business in this state. The condition of the bond shall be that the child will not become dependent on public funds for his or her primary support before the child reaches age 18 or is adopted.
48.98(2)(b) (b) By filing the bond required under par. (a), the person filing the bond and the surety submit to the jurisdiction of the court in the county in which the person resides for purposes of liability on the bond, and appoint the clerk of the court as their agent upon whom any papers affecting their bond liability may be served.
48.98(2)(c) (c) If upon affidavit of the department it appears to the court that the condition of the bond has been violated, the court shall order the person who filed the bond and the surety to show cause why judgment on the bond should not be entered for the department. If neither the person nor the surety appears for the hearing on the order to show cause, or if the court concludes after the hearing that the condition of the bond has been violated, the court shall enter judgment on the bond for the department against the person who filed the bond and the surety.
48.98(2)(d) (d) The department shall periodically bill the person who filed the bond and the surety under s. 49.32 (1) (b) or 49.345 for the cost of care and maintenance of the child until the child is adopted or becomes age 18, whichever is earlier. The guardian and surety shall also be liable under the bond for costs incurred by the department in enforcing the bond.
48.98(2)(e) (e) The department may waive the bond requirement under par. (a).
48.98(3) (3) The person bringing or sending the child into or out of this state shall report to the department, at least once each year and at any other time required by the department, concerning the location and well-being of the child, until the child is 18 years of age or is adopted.
48.98(4) (4)
48.98(4)(a)(a) This section applies only to interstate placements of children which are not governed by s. 48.988.
48.98(4)(b) (b) Section 48.839 governs the placement of children who are not U.S. citizens and not under agency guardianship who are brought into this state from a foreign jurisdiction for the purpose of adoption.
48.98(5) (5) The department may promulgate all rules necessary for the enforcement of this section.
48.981 48.981 Abused or neglected children and abused unborn children.
48.981(1)(1)Definitions. In this section:
48.981(1)(ag) (ag) "Agency" means a county department, the department in a county having a population of 500,000 or more or a licensed child welfare agency under contract with a county department or the department in a county having a population of 500,000 or more to perform investigations under this section.
48.981(1)(am) (am) "Caregiver" means, with respect to a child who is the victim or alleged victim of abuse or neglect or who is threatened with abuse or neglect, any of the following persons:
48.981(1)(am)1. 1. The child's parent, grandparent, greatgrandparent, stepparent, brother, sister, stepbrother, stepsister, half brother, or half sister.
48.981(1)(am)2. 2. The child's guardian.
48.981(1)(am)3. 3. The child's legal custodian.
48.981(1)(am)4. 4. A person who resides or has resided regularly or intermittently in the same dwelling as the child.
48.981(1)(am)5. 5. An employee of a residential facility or residential care center for children and youth in which the child was or is placed.
48.981(1)(am)6. 6. A person who provides or has provided care for the child in or outside of the child's home.
48.981(1)(am)7. 7. Any other person who exercises or has exercised temporary or permanent control over the child or who temporarily or permanently supervises or has supervised the child.
48.981(1)(am)8. 8. Any relative of the child other than a relative specified in subd. 1.
48.981(1)(b) (b) "Community placement" means probation; extended supervision; parole; aftercare; conditional transfer into the community under s. 51.35 (1); conditional transfer or discharge under s. 51.37 (9); placement in a Type 2 residential care center for children and youth or a Type 2 juvenile correctional facility authorized under s. 938.539 (5); conditional release under s. 971.17; supervised release under s. 980.06 or 980.08; participation in the community residential confinement program under s. 301.046, the intensive sanctions program under s. 301.048, the corrective sanctions program under s. 938.533, the intensive supervision program under s. 938.534, or the serious juvenile offender program under s. 938.538; or any other placement of an adult or juvenile offender in the community under the custody or supervision of the department of corrections, the department of health services, a county department under s. 46.215, 46.22, 46.23, 51.42, or 51.437 or any other person under contract with the department of corrections, the department of health services or a county department under s. 46.215, 46.22, 46.23, 51.42, or 51.437 to exercise custody or supervision over the offender.
48.981(1)(cs) (cs) "Indian child" means any unmarried person who is under the age of 18 years and is affiliated with an Indian tribe or band in any of the following ways:
48.981(1)(cs)1. 1. As a member of the tribe or band.
48.981(1)(cs)2. 2. As a person who is both eligible for membership in the tribe or band and is the biological child of a member of the tribe or band.
48.981(1)(ct) (ct) "Indian unborn child" means an unborn child who, when born, may be eligible for affiliation with an Indian tribe or band in any of the following ways:
48.981(1)(ct)1. 1. As a member of the tribe or band.
48.981(1)(ct)2. 2. As a person who is both eligible for membership in the tribe or band and the biological child of a member of the tribe or band.
48.981(1)(cv) (cv) "Member of a religious order" means an individual who has taken vows devoting himself or herself to religious or spiritual principles and who is authorized or appointed by his or her religious order or organization to provide spiritual or religious advice or service.
48.981(1)(cx) (cx) "Member of the clergy" has the meaning given in s. 765.002 (1) or means a member of a religious order, and includes brothers, ministers, monks, nuns, priests, rabbis, and sisters.
48.981(1)(d) (d) "Neglect" means failure, refusal or inability on the part of a caregiver, for reasons other than poverty, to provide necessary care, food, clothing, medical or dental care or shelter so as to seriously endanger the physical health of the child.
48.981(1)(f) (f) "Record" means any document relating to the investigation, assessment and disposition of a report under this section.
48.981(1)(g) (g) "Reporter" means a person who reports suspected abuse or neglect or a belief that abuse or neglect will occur under this section.
48.981(1)(h) (h) "Subject" means a person or unborn child named in a report or record as any of the following:
48.981(1)(h)1. 1. A child who is the victim or alleged victim of abuse or neglect or who is threatened with abuse or neglect.
48.981(1)(h)1m. 1m. An unborn child who is the victim or alleged victim of abuse or who is at substantial risk of abuse.
48.981(1)(h)2. 2. A person who is suspected of abuse or neglect or who has been determined to have abused or neglected a child or to have abused an unborn child.
48.981(1)(i) (i) "Tribal agent" means the person designated under 25 CFR 23.12 by an Indian tribe or band to receive notice of involuntary child custody proceedings under the Indian child welfare act, 25 USC 1901 to 1963.
48.981(2) (2)Persons required to report.
48.981(2)(a)(a) Any of the following persons who has reasonable cause to suspect that a child seen by the person in the course of professional duties has been abused or neglected or who has reason to believe that a child seen by the person in the course of professional duties has been threatened with abuse or neglect and that abuse or neglect of the child will occur shall, except as provided under sub. (2m), report as provided in sub. (3):
48.981(2)(a)1. 1. A physician.
48.981(2)(a)2. 2. A coroner.
48.981(2)(a)3. 3. A medical examiner.
48.981(2)(a)4. 4. A nurse.
48.981(2)(a)5. 5. A dentist.
48.981(2)(a)6. 6. A chiropractor.
48.981(2)(a)7. 7. An optometrist.
48.981(2)(a)8. 8. An acupuncturist.
48.981(2)(a)9. 9. A medical or mental health professional not otherwise specified in this paragraph.
48.981(2)(a)10. 10. A social worker.
48.981(2)(a)11. 11. A marriage and family therapist.
48.981(2)(a)12. 12. A professional counselor.
48.981(2)(a)13. 13. A public assistance worker, including a financial and employment planner, as defined in s. 49.141 (1) (d).
48.981(2)(a)14. 14. A school teacher.
48.981(2)(a)15. 15. A school administrator
48.981(2)(a)16. 16. A school counselor.
48.981(2)(a)17. 17. A mediator under s. 767.405.
48.981(2)(a)18. 18. A child-care worker in a day care center, group home, as described in s. 48.625 (1m), or residential care center for children and youth.
48.981(2)(a)19. 19. A day care provider.
48.981(2)(a)20. 20. An alcohol or other drug abuse counselor.
48.981(2)(a)21. 21. A member of the treatment staff employed by or working under contract with a county department under s. 46.23, 51.42, or 51.437 or a residential care center for children and youth.
48.981(2)(a)22. 22. A physical therapist.
48.981(2)(a)22m. 22m. A physical therapist assistant.
48.981(2)(a)23. 23. An occupational therapist.
48.981(2)(a)24. 24. A dietitian.
48.981(2)(a)25. 25. A speech-language pathologist.
48.981(2)(a)26. 26. An audiologist.
48.981(2)(a)27. 27. An emergency medical technician.
48.981(2)(a)28. 28. A first responder.
48.981(2)(a)29. 29. A police or law enforcement officer.
48.981(2)(b) (b) A court-appointed special advocate who has reasonable cause to suspect that a child seen in the course of activities under s. 48.236 (3) has been abused or neglected or who has reason to believe that a child seen in the course of those activities has been threatened with abuse and neglect and that abuse or neglect of the child will occur shall, except as provided in sub. (2m), report as provided in sub. (3).
48.981(2)(bm)1.1. Except as provided in subd. 3. and sub. (2m), a member of the clergy shall report as provided in sub. (3) if the member of the clergy has reasonable cause to suspect that a child seen by the member of the clergy in the course of his or her professional duties:
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