LRB-1904/1
PJK:kmg:jf
2003 - 2004 LEGISLATURE
April 8, 2003 - Introduced by Joint Legislative Council. Referred to Committee
on Family Law.
AB244,1,10
1An Act to repeal 767.115 (1) (b) and 767.115 (4);
to renumber 767.265 (6) (a);
2to renumber and amend 767.045 (6), 767.115 (1) (a) and 767.115 (2);
to
3amend 20.921 (2) (a), 102.27 (2) (a), 767.07 (1), 767.11 (8) (c), 767.115 (title),
4767.115 (1m), 767.115 (3), 767.24 (1m) (intro.), 767.265 (4), 767.265 (6) (c),
5814.615 (1) (b) and 814.615 (3); and
to create 767.045 (6) (b), 767.085 (2) (c),
6767.085 (2m) (a) 3., 767.115 (1) (a) 1., 767.115 (1) (a) 2., 767.115 (1) (a) 3., 767.115
7(1) (a) 4., 767.115 (1) (a) 5., 767.115 (1) (a) 6., 767.115 (1) (a) 7., 767.115 (1) (a)
88., 767.115 (1) (bm), 767.115 (2) (b), 767.115 (2) (c), 767.265 (3j) and 767.265 (6)
9(a) 2. of the statutes;
relating to: guardians ad litem, parent education, and
10parenting plans in actions affecting the family.
Analysis by the Legislative Reference Bureau
This bill is explained in the Notes provided by the Joint Legislative Council in
the bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
Joint Legislative Council prefatory note: This bill is recommended by the joint
legislative council's special committee on guardians ad litem in actions affecting the
family. The special committee was directed to study the appointment, role, supervision,
training, and compensation of guardians ad litem (GALs), and to make legislative
recommendations and petition the Wisconsin supreme court regarding proposed changes
that are more appropriate for supreme court rules.
This bill does the following:
1. Clarifies the current statutory provision governing GAL compensation to
provide that when parties are ordered to pay GAL compensation, they may be ordered to
pay the GAL directly, pay into an escrow account from which the GAL will be paid, or
reimburse the county if it has paid the GAL's compensation. Also, the bill allows the court
to order the county to pay a GAL's compensation if either party is indigent.
2. Permits a court to order income withholding to collect GAL fees or fees for
mediation and custody and physical placement studies.
3. Requires the clerk of court to provide parties with instructions for completing
and filing a parenting plan when they file a petition or receive a summons for an action
affecting the family. The bill also provides that a mediator must review the nonfinancial
provisions of the parenting plan at the initial session of mediation.
The bill draft requires parties to file a parenting plan with the court within 60 days
after the court waives the requirement that the parties attend mediation or within 60
days after the mediator notifies the court that the parties have not reached an agreement,
unless the court orders otherwise.
4. Requires parties to an action affecting the family in which a minor child is
involved to attend a parent education program that includes at least four hours of
instruction or training on the effects of divorce on a child; working together in the best
interest of the child; parenting or coparenting skills; the consequences of stipulating to
a custody and placement arrangement and of resolution of disputes by the court;
available mediation; current law relating to custody and physical placement; current law
relating to GALs and the duties and responsibilities of a GAL; and the potential costs
associated with an action affecting the family.
The bill provides that the court or circuit court commissioner (CCC) may elect not
to order attendance at a parent education program or may order the parties to attend
separate sessions of the program if the court or CCC determines that attending the
program or attending the program with the other party would cause undue hardship or
endanger the health or safety of one of the parties.
If attendance at the program is ordered, the court or CCC may require attendance
as a condition to the granting of a final judgment or order in the action. In addition, the
court or CCC may refuse to hear a custody or physical placement motion of a party who
refuses to attend the program.
AB244, s. 1
1Section
1. 20.921 (2) (a) of the statutes is amended to read:
AB244,3,22
20.921
(2) (a) Whenever it becomes necessary in pursuance of any federal or
3state law or court-ordered assignment of income under s. 46.10 (14) (e), 301.12 (14)
4(e),
767.045 (6) (b), 767.23 (1) (L), 767.25 (4m) (c)
or, 767.265
, or 814.615 (3) to make
5deductions from the salaries of state officers or employees or employees of the
6University of Wisconsin Hospitals and Clinics Authority, the state agency or
7authority by which the officers or employees are employed is responsible for making
1such deductions and paying over the total thereof for the purposes provided by the
2laws or orders under which they were made.
Note: Section 1 amends current law relating to income-withholding orders
applicable to state employees to include cross-references to the provisions amended in
Sections 4 and 34.
AB244, s. 2
3Section
2. 102.27 (2) (a) of the statutes is amended to read:
AB244,3,64
102.27
(2) (a) A benefit under this chapter is assignable under s. 46.10 (14) (e),
5301.12 (14) (e),
767.045 (6) (b), 767.23 (1) (L), 767.25 (4m) (c)
or, 767.265 (1) or (2m)
,
6or 814.615 (3).
Note: Section 2 amends current law relating to worker's compensation to provide
that such claims may be assigned under the provisions contained in
Sections 4 and 34.
AB244, s. 3
7Section
3. 767.045 (6) of the statutes is renumbered 767.045 (6) (a) and
8amended to read:
AB244,4,29
767.045
(6) (a) The guardian ad litem shall be compensated at a rate that the
10court determines is reasonable. The court shall order either or both parties to pay
11all or any part of the compensation of the guardian ad litem. In addition, upon motion
12by the guardian ad litem, the court shall order either or both parties to pay the fee
13for an expert witness used by the guardian ad litem, if the guardian ad litem shows
14that the use of the expert is necessary to assist the guardian ad litem in performing
15his or her functions or duties under this chapter.
If both parties are The order may
16direct either or both parties to pay the guardian ad litem directly, to place payments
17in an escrow account in an amount estimated to be sufficient to pay the guardian ad
18litem's compensation and expert witness fees, or to reimburse the county of venue for
19any payments made by the county to the guardian ad litem. If either party is 20indigent, the court may direct that the county of venue pay the compensation and
21fees
for that party. If the court orders a county to pay the compensation of the
1guardian ad litem, the amount ordered may not exceed the compensation paid to
2private attorneys under s. 977.08 (4m) (b).
AB244,4,7
3(c) The court may order a separate judgment for the amount of the
4reimbursement in favor of the county and against the party or parties responsible
5for the reimbursement
, or for the amount of the compensation and fees in favor of the
6guardian ad litem and against the party or parties responsible for payment of the
7compensation and fees.
AB244,4,9
8(d) The court may enforce its orders under this subsection by means of its
9contempt power.
Note: Section 3 provides that when parties are ordered to pay GAL compensation,
they may be ordered to pay the GAL directly, pay into an escrow account from which the
GAL will be paid, or reimburse the county if it has paid the GAL's compensation.
Section 3 also provides that if either party is indigent, the court may direct the
county to pay the GAL compensation and fees for that party. Under current law, the court
may order the county to pay only if both parties are indigent.
AB244, s. 4
10Section
4. 767.045 (6) (b) of the statutes is created to read:
AB244,4,1711
767.045
(6) (b) In directing the manner of payment of compensation and fees
12to the guardian ad litem or of reimbursement to the county, the court may order that
13the payment amount be withheld from income and sent to the guardian ad litem or
14that the reimbursement amount be withheld from income and sent to the county
15treasurer, as provided in s. 767.265 (3j) (a). If the court orders income withholding
16and assignment for payment of compensation and fees or for reimbursement, the
17court shall send notice of assignment in the manner provided under s. 767.265 (2r).
Note: Under Section 4, the court may order that the amount of GAL compensation
and fees may be withheld from a party's income and sent to the GAL directly or to the
county treasurer to reimburse the county.
AB244, s. 5
18Section
5. 767.07 (1) of the statutes is amended to read:
AB244,5,3
1767.07
(1) The requirements of this chapter as to residence and
marriage
2assessment counseling attendance at the educational program under s. 767.115 (1)
3(a) have been complied with;
Note: Section 5 provides that a court must grant a judgment of divorce or legal
separation if, along with other conditions, the requirements of ch. 767, stats., as to
residence and attendance at the parent education program under s. 767.115 (1) (a), stats.,
have been complied with.
AB244, s. 6
4Section
6. 767.085 (2) (c) of the statutes is created to read:
AB244,5,75
767.085
(2) (c) The clerk of court shall provide, without charge, to each person
6filing a petition instructions for completing and filing a parenting plan under s.
7767.24 (1m).
AB244, s. 7
8Section
7. 767.085 (2m) (a) 3. of the statutes is created to read:
AB244,5,119
767.085
(2m) (a) 3. Shall be accompanied by instructions, provided without
10charge by the clerk of court, for completing and filing a parenting plan under s.
11767.24 (1m).
Note: Sections 6 and 7 require the clerk of court to provide instructions for
completing and filing a parenting plan to each person who files a petition or receives a
summons initiating an action affecting the family.
AB244, s. 8
12Section
8. 767.11 (8) (c) of the statutes is amended to read:
AB244,5,1713
767.11
(8) (c) The initial session under par. (a) shall be a screening and
14evaluation mediation session to determine whether mediation is appropriate and
15whether both parties wish to continue in mediation.
At the initial session, the
16mediator shall review with the parties the nonfinancial provisions that must be
17included in the parenting plan under s. 767.24 (1m).
Note: Section 8 requires the mediator to review with the parties at the initial
session of mediation the nonfinancial provisions that must be included in the parenting
plan.
AB244, s. 9
18Section
9. 767.115 (title) of the statutes is amended to read:
AB244,6,2
1767.115 (title)
Educational programs and classes program in actions
2affecting the family.
AB244, s. 10
3Section
10. 767.115 (1) (a) of the statutes is renumbered 767.115 (1) (a) (intro.)
4and amended to read:
AB244,6,125
767.115
(1) (a) (intro.)
At any time during During the pendency of an action
6affecting the family in which a minor child is involved
and in which the court or
7circuit court commissioner determines that it is appropriate and in the best interest
8of the child, the court or circuit court commissioner
, on its own motion, may shall 9order the parties to attend a program
, specified by the court or circuit court
10commissioner
concerning the effects on a child of a dissolution of the marriage., that
11provides instruction on or training in any of the following that the court or circuit
12court commissioner determines is appropriate in the particular case:
AB244, s. 11
13Section
11. 767.115 (1) (a) 1. of the statutes is created to read:
AB244,6,1414
767.115
(1) (a) 1. The effects of divorce on a child.
AB244, s. 12
15Section
12. 767.115 (1) (a) 2. of the statutes is created to read:
AB244,6,1616
767.115
(1) (a) 2. Working together in the best interest of the child.
AB244, s. 13
17Section
13. 767.115 (1) (a) 3. of the statutes is created to read:
AB244,6,1818
767.115
(1) (a) 3. Parenting or coparenting skills or both.
AB244, s. 14
19Section
14. 767.115 (1) (a) 4. of the statutes is created to read:
AB244,6,2120
767.115
(1) (a) 4. The consequences of stipulating to a custody and placement
21arrangement and of resolution of disputes by the court.
AB244, s. 15
22Section
15. 767.115 (1) (a) 5. of the statutes is created to read:
AB244,6,2323
767.115
(1) (a) 5. Available mediation under s. 767.11.
AB244, s. 16
24Section
16. 767.115 (1) (a) 6. of the statutes is created to read:
AB244,6,2525
767.115
(1) (a) 6. The provisions of s. 767.24.
AB244, s. 17
1Section
17. 767.115 (1) (a) 7. of the statutes is created to read:
AB244,7,32
767.115
(1) (a) 7. The provisions of s. 767.045 and the duties and
3responsibilities of a guardian ad litem in representing the best interest of a child.
AB244, s. 18
4Section
18. 767.115 (1) (a) 8. of the statutes is created to read:
AB244,7,65
767.115
(1) (a) 8. The potential costs of an action affecting the family, including
6all of the following:
AB244,7,77
a. The cost of representation by an attorney.
AB244,7,88
b. Mediation fees.
AB244,7,99
c. Legal custody and physical placement study fees under s. 814.615.
AB244,7,1110
d. Guardian ad litem fees and expenses and fees and expenses ordered under
11s. 767.045 (6) of any expert witness used to assist the guardian ad litem.
AB244,7,1312
e. The costs of mental or physical examinations of a party under s. 804.10, if
13applicable, including the costs for preparing a written report or court testimony.
AB244,7,1414
f. Any other costs, fees, or expenses that may be incurred during litigation.
AB244, s. 19
15Section
19. 767.115 (1) (b) of the statutes is repealed.