SB706,31,1412
(d)
Remedies of the court. If after hearing the court finds by clear and
13convincing evidence cause as specified in par. (b) to impose a remedy under this
14paragraph, the court may do any of the following:
SB706,31,1515
1. Remove the guardian.
SB706,31,1616
2. Remove the guardian and appoint a successor guardian.
SB706,31,1917
3. Enter any other order that may be necessary or appropriate to compel the
18guardian to carry out the guardian's duties, including an order setting reasonable
19rules of visitation with the child.
SB706,31,2020
4. Modify the duties and authority of the guardian.
SB706,31,2321
5. Require the guardian to pay any costs of the proceeding, including costs of
22service and attorney fees, if the court finds that the guardian's conduct was
23egregious.
SB706,32,3
1(10) Termination of guardianship. (a)
Term of guardianship. A guardianship
2under this section shall continue until the child attains the age of 18 years unless any
3of the following occurs:
SB706,32,44
1. The guardianship is for a lesser period of time and that time has expired.
SB706,32,55
2. The child marries.
SB706,32,66
3. The child dies.
SB706,32,87
4. The child's residence changes from this state to another state and a guardian
8is appointed in the new state of residence.
SB706,32,109
5. The guardian dies, or resigns and the resignation is accepted by the court,
10and a successor guardian is not appointed.
SB706,32,1211
6. The guardian is removed for cause under sub. (9) (d) 1. and a successor
12guardian is not appointed.
SB706,32,1413
7. The court terminates the guardianship on the request of a parent of the child
14under par. (b).
SB706,32,2115
(b)
Termination on request of parent. 1. A parent of the child may file a petition
16requesting that a guardianship order entered under sub. (3) (f) 2. (4), (5), or (6) be
17terminated. The petition shall allege facts sufficient to show that there has been a
18substantial change in circumstances since the last order affecting the guardianship
19was entered, that the parent is fit, willing, and able to carry out the duties of a
20guardian, and that termination of the guardianship would be in the best interests
21of the child.
SB706,32,2422
2. The court shall hold a hearing on the petition unless written waivers of
23objections to termination of the guardianship are signed by all interested persons
24and the court approves the waivers.
SB706,33,10
13. If a hearing is to be held, by no less than 7 days before the date of the hearing
2the court shall cause notice of the hearing to be provided to the child, his or her
3parents, the guardian, and any other persons as determined by the court. A copy of
4the request or proposal shall be attached to the notice. The court shall terminate the
5guardianship if the court finds that the parent has proved by clear and convincing
6evidence that he or she has remedied the unfitness, unwillingness, or inability to
7provide for the care, custody, and control of the child or other compelling facts and
8circumstances on which the guardianship was granted and that he or she is now fit,
9willing, and able to carry out the duties of a guardian and the court determines that
10termination of the guardianship would be in the best interests of the child.
SB706, s. 23
11Section
23. 48.977 (2) (a) of the statutes is amended to read:
SB706,33,2112
48.977
(2) (a) That the child has been adjudged to be in need of protection or
13services under s. 48.13 (1), (2), (3), (3m), (4), (4m), (5), (8), (9), (10), (10m), (11), or
14(11m) or 938.13 (4)
or (12), or has been adjudged delinquent under s. 938.12, and been
15placed, or continued in a placement, outside of his or her home pursuant to one or
16more court orders under s. 48.345, 48.357, 48.363, 48.365,
938.34, 938.345, 938.357,
17938.363, or 938.365
or, that the child has been so adjudged and placement of the child
18in the home of a guardian under this section has been recommended under s. 48.33
19(1) or 938.33 (1)
, or that the child has had a guardian of the person appointed for him
20or her under ch. 54, 2007 stats., or ch. 880, 2003 stats., and is placed in the home of
21the guardian.
SB706, s. 24
22Section
24. 48.977 (2) (e) of the statutes is amended to read:
SB706,34,223
48.977
(2) (e) That the child's parent is neglecting, refusing
, or unable to carry
24out the duties of a guardian
or is not meeting the conditions established in the court
25order described in par. (a) for the safe return of the child to the home or, if the child
1has 2 parents, both parents are neglecting, refusing or unable to carry out
the duties
2of a guardian those duties or are not meeting those conditions.
SB706, s. 25
3Section
25. 48.977 (2) (f) of the statutes is amended to read:
SB706,34,254
48.977
(2) (f) That the agency primarily responsible for providing services to
5the child under a court order has made reasonable efforts to make it possible for the
6child to return to his or her home, while assuring that the child's health and safety
7are the paramount concerns, but that reunification of the child with the child's
8parent or parents is unlikely or contrary to the best interests of the child and that
9further reunification efforts are unlikely to be made or are contrary to the best
10interests of the child or that the agency primarily responsible for providing services
11to the child under a court order has made reasonable efforts to prevent the removal
12of the child from his or her home, while assuring the child's health and safety, but that
13continued placement of the child in the home would be contrary to the welfare of the
14child, except that the court is not required to find that the agency has made those
15reasonable efforts with respect to a parent of the child if any of the circumstances
16specified in s. 48.355 (2d) (b) 1. to 5. applies to that parent. The court shall make the
17findings specified in this paragraph on a case-by-case basis based on circumstances
18specific to the child and shall document or reference the specific information on
19which those findings are based in the guardianship order. A guardianship order that
20merely references this paragraph without documenting or referencing that specific
21information in the order or an amended guardianship order that retroactively
22corrects an earlier guardianship order that does not comply with this paragraph is
23not sufficient to comply with this paragraph.
This paragraph does not apply to a
24child who is placed in the home of a guardian under ch. 54, 2007 stats., or ch. 880,
252003 stats., and who is not receiving services from an agency under a court order.
SB706, s. 26
1Section
26. 48.977 (4) (b) 3. of the statutes is amended to read:
SB706,35,122
48.977
(4) (b) 3. The date on which the child was adjudged in need of protection
3or services under s. 48.13 (1), (2), (3), (3m), (4), (4m), (5), (8), (9), (10), (10m), (11), or
4(11m) or 938.13 (4)
or (12), or was adjudicated delinquent under s. 938.12, and the
5dates on which the child has been placed, or continued in a placement, outside of his
6or her home pursuant to one or more court orders under s. 48.345, 48.357, 48.363,
748.365,
938.34, 938.345, 938.357, 938.363, or 938.365
; or, if the child has been so
8adjudged, but not so placed, the date of the report under s. 48.33 (1) or 938.33 (1) in
9which placement of the child in the home of the person is recommended
; or, if the
10child has had a guardian of the person appointed for him or her under ch. 54, 2007
11stats., or ch. 880, 2003 stats., the date on which the child was placed in the home of
12the guardian.
SB706,35,1815
48.977
(4) (b) 6. A statement of whether the child may be subject to
s. 48.028
16or the federal Indian Child Welfare Act,
25 USC 1901 to
1963, and, if the child may
17be subject to
s. 48.028 or that act, the names and addresses of the child's Indian
18custodian, if any, and Indian tribe, if known.
SB706,36,621
48.977
(4) (c) 2. Except as provided in subd. 2m., service shall be made by 1st
22class mail at least 7 days before the hearing or by personal service at least 7 days
23before the hearing
or, if with reasonable diligence a party specified in subd. 1. cannot
24be served by mail or personal service, service shall be made by publication of a notice
25published as a class 1 notice under ch. 985. In determining which newspaper is likely
1to give notice as required under s. 985.02 (1), the petitioner shall consider the
2residence of the party, if known, or the residence of the relatives of the party, if
3known, or the last-known location of the party. Service is considered to be made by
4proof that the petition and notice under subd. 1. were mailed to the last-known
5address of the recipient, by proof of personal delivery of that petition and notice, or,
6if the recipient is an adult, by the written admission of service of the person served.
SB706, s. 29
7Section
29. 48.977 (4) (i) of the statutes is amended to read:
SB706,36,108
48.977
(4) (i)
Effect of disposition on permanency plan review process. After a
9disposition under par. (h), the child's permanency plan shall continue to be reviewed
10under s. 48.38 (5)
or 938.38 (5), if
applicable required under s. 48.38 (2) or 938.38 (2).
SB706, s. 30
11Section
30. 48.977 (8) of the statutes is amended to read:
SB706,36,1412
48.977
(8) Relationship to ch. 54 and ch. 880, 2003 stats other guardianship
13procedures. (a) This section does not abridge the duties or authority of a guardian
14appointed under
s. 48.976, ch. 54
, 2007 stats., or ch. 880, 2003 stats.
SB706,36,1615
(b) Nothing in this section prohibits an individual from petitioning a court
16under
ch. 54 s. 48.976 for appointment of a guardian.
SB706,36,2219
48.978
(2) (b) 11. A statement of whether the child may be subject to
s. 48.028
20or the federal Indian Child Welfare Act,
25 USC 1901 to
1963, and, if the child may
21be subject to
s. 48.028 or that act, the names and addresses of the child's Indian
22custodian, if any, and Indian tribe, if known.
SB706, s. 32
23Section
32. 48.978 (7) of the statutes is amended to read:
SB706,37,224
48.978
(7) Relationship to ch. 54 other guardianship procedures. (a) Except
25when a different right, remedy
, or procedure is provided under this section, the
1rights, remedies, and procedures provided in
s. 48.976 or ch. 54
, whichever is
2applicable, shall govern a standby guardianship created under this section.
SB706,37,43
(b) This section does not abridge the duties or authority of a guardian appointed
4under
s. 48.976, ch. 880, 2003 stats., or ch. 54.
SB706,37,75
(c) Nothing in this section prohibits an individual from petitioning a court for
6the appointment of a guardian
of the person under s. 48.976 or a guardian of the
7estate under ch. 54.
SB706, s. 33
8Section
33. 48.979 of the statutes is created to read:
SB706,37,13
948.979 Delegation of power by parent, guardian, or legal custodian. A
10parent, guardian, or legal custodian of a child, by a properly executed power of
11attorney, may delegate to another person, for a period not to exceed one year, any of
12his or her powers regarding the care and custody of the child, except the power to
13consent to the marriage or adoption of the child.
SB706, s. 34
14Section
34. 49.32 (1) (am) of the statutes is amended to read:
SB706,37,1815
49.32
(1) (am) Paragraph (a) does not prevent the department
or a county
16department under s. 46.22 or 46.23 from charging and collecting the cost of adoptive
17placement investigations and child care as authorized under s. 48.837 (7)
or the cost
18of guardianship investigations as authorized under s. 48.976 (3) (d) 2.
SB706, s. 35
19Section
35. 51.30 (4) (b) 18. a. of the statutes is amended to read:
SB706,37,2520
51.30
(4) (b) 18. a. In this subdivision, "abuse" has the meaning given in s. 51.62
21(1) (ag); "neglect" has the meaning given in s. 51.62 (1) (br); and "parent" has the
22meaning given in s. 48.02 (13), except that "parent" does not include the parent of a
23minor whose custody is transferred to a legal custodian, as defined in s. 48.02 (11),
24or for whom a guardian is appointed under
, or s.
48.976 or 54.10 or s. 880.33, 2003
25stats.
SB706, s. 36
1Section
36. 51.30 (4) (b) 18. c. of the statutes is amended to read:
SB706,38,172
51.30
(4) (b) 18. c. If the patient, regardless of age, has a guardian appointed
3under s.
48.976 or 54.10 or s. 880.33, 2003 stats., or if the patient is a minor with
4developmental disability who has a parent or has a guardian appointed under s.
548.831 and does not have a guardian appointed under s.
48.976 or 54.10 or s. 880.33,
62003 stats., information concerning the patient that is obtainable by staff members
7of the agency or nonprofit corporation with which the agency has contracted is
8limited, except as provided in subd. 18. e., to the nature of an alleged rights violation,
9if any; the name, birth date and county of residence of the patient; information
10regarding whether the patient was voluntarily admitted, involuntarily committed
11or protectively placed and the date and place of admission, placement or
12commitment; and the name, address and telephone number of the guardian of the
13patient and the date and place of the guardian's appointment or, if the patient is a
14minor with developmental disability who has a parent or has a guardian appointed
15under s. 48.831 and does not have a guardian appointed under s.
48.976 or 54.10 or
16s. 880.33, 2003 stats., the name, address and telephone number of the parent or
17guardian appointed under s. 48.831 of the patient.
SB706, s. 37
18Section
37. 54.01 (10) of the statutes is amended to read:
SB706,38,2219
54.01
(10) "Guardian" means a person appointed by a court under s. 54.10 to
20manage the income and assets and provide for the essential requirements for health
21and safety and the personal needs of
a minor, an individual found incompetent
, or
22a spendthrift
or to manage the income and assets of a minor.
SB706, s. 38
23Section
38. 54.10 (1) of the statutes is amended to read:
SB706,39,324
54.10
(1) A court may appoint
a guardian of the person or a guardian of the
25estate
, or both, for an individual if the court determines that the individual is a
1minor.
Except as provided in ss. 48.831, 48.977, and 48.978, an appointment of a
2guardian of the person of a minor shall be conducted under the procedures specified
3in s. 48.976.
SB706, s. 39
4Section
39. 54.52 (1) of the statutes is amended to read:
SB706,39,125
54.52
(1) A person may at any time bring a petition for the appointment of a
6standby guardian of the person or estate of an individual who is determined under
7s. 54.10 to be incompetent
, a minor, or a spendthrift
or for the appointment of a
8standby guardian of the estate of a minor, except that, as specified in s.
48.97 48.978, 9a petition for the appointment of a standby guardian of the person or
property estate, 10or both
, of a minor to assume the duty and authority of guardianship on the
11incapacity, death, or debilitation and consent, of the minor's parent may be brought
12under s. 48.978.
SB706, s. 40
13Section
40. 54.56 of the statutes is renumbered 48.976 (11) and amended to
14read:
SB706,39,1715
48.976
(11) Visitation by a minor's child's grandparents and stepparents. (a)
16In this
section subsection, "stepparent" means the surviving spouse of a deceased
17parent of a
minor child, whether or not the surviving spouse has remarried.
SB706,40,318
(b) If one or both parents of a
minor child are deceased and the
minor child is
19in the custody of the surviving parent or any other person, a grandparent or
20stepparent of the
minor child may petition for visitation privileges with respect to the
21minor child, whether or not the person with custody is married. The grandparent
22or stepparent may file the petition in a guardianship or temporary guardianship
23proceeding under this
chapter section that affects the
minor child or may file the
24petition to commence an independent action under this
chapter subsection. Except
25as provided in
sub. (3m) par. (cm), the court may grant reasonable visitation
1privileges to the grandparent or stepparent if the surviving parent or other person
2who has custody of the
minor child has notice of the hearing and if the court
3determines that visitation is in the best interest of the
minor child.
SB706,40,54
(c) Whenever possible, in making a determination under
sub. (2) par. (b), the
5court shall consider the wishes of the
minor child.
SB706,40,116
(cm) 1. Except as provided in
par. (b) subd. 2., the court may not grant visitation
7privileges to a grandparent or stepparent under this
section subsection if the
8grandparent or stepparent has been convicted under s. 940.01 of the first-degree
9intentional homicide, or under s. 940.05 of the 2nd-degree intentional homicide, of
10a parent of the
minor child, and the conviction has not been reversed, set aside
, or
11vacated.
SB706,40,1512
2.
Paragraph (a) Subdivision 1. does not apply if the court determines by clear
13and convincing evidence that the visitation would be in the best interests of the
minor 14child. The court shall consider the wishes of the
minor child in making the
15determination.
SB706,40,1816
(d) The court may issue any necessary order to enforce a visitation order that
17is granted under this
section subsection, and may from time to time modify the
18visitation privileges or enforcement order for good cause shown.
SB706,41,219
(dm) 1. If a grandparent or stepparent granted visitation privileges with
20respect to a
minor child under this
section subsection is convicted under s. 940.01 of
21the first-degree intentional homicide, or under s. 940.05 of the 2nd-degree
22intentional homicide, of a parent of the
minor child, and the conviction has not been
23reversed, set aside
, or vacated, the court shall modify the visitation order by denying
24visitation with the
minor child upon petition, motion
, or order to show cause by a
1person having custody of the
minor child, or upon the court's own motion, and upon
2notice to the grandparent or stepparent granted visitation privileges.
SB706,41,63
2.
Paragraph (a) Subdivision 1. does not apply if the court determines by clear
4and convincing evidence that the visitation would be in the best interests of the
minor 5child. The court shall consider the wishes of the
minor child in making the
6determination.
SB706,41,97
(e) This
section subsection applies to every
minor child in this state whose
8parent or parents are deceased, regardless of the date of death of the parent or
9parents.
SB706, s. 41
10Section
41. 54.57 of the statutes is renumbered 48.976 (12) and amended to
11read:
SB706,41,1912
48.976
(12) Prohibiting visitation or physical placement if a parent kills
13other parent. (a) Except as provided in
sub. (2), in an action under this chapter that
14affects a minor par. (b), a court may not grant to a parent of
the minor a child who
15is the subject of a proceeding under this section visitation or physical placement
16rights with the
minor child if the parent has been convicted under s. 940.01 of the
17first-degree intentional homicide, or under s. 940.05 of the 2nd-degree intentional
18homicide, of the
minor's child's other parent, and the conviction has not been
19reversed, set aside, or vacated.
SB706,41,2320
(b)
Subsection (1) Paragraph (a) does not apply if the court determines by clear
21and convincing evidence that visitation or periods of physical placement would be in
22the best interests of the
minor child. The court shall consider the wishes of the
minor 23child in making the determination.
SB706, s. 42
24Section
42. 55.03 (1) of the statutes is amended to read:
SB706,42,4
155.03
(1) Agency as both guardian and provider prohibited. No agency acting
2as a guardian appointed under
s. 48.976, ch. 880, 2003 stats., or ch. 54
, 2007 stats., 3may be a provider of protective services or protective placement for its ward under
4this chapter.
SB706, s. 43
5Section
43. 55.10 (4) (intro.) of the statutes is amended to read:
SB706,42,116
55.10
(4) Rights. (intro.) Sections 54.42, 54.44, and 54.46 and the following
7provisions apply to all hearings under this chapter
involving protective placement
8or protective services for an adult, and s. 48.976 and the following provisions apply
9to all hearings under this chapter involving protective placement or protective
10services for a minor, except transfers of placement under s. 55.15 and summary
11hearings under ss. 55.18 (3) (d) and 55.19 (3) (d):
SB706, s. 44
12Section
44. 55.10 (4) (a) of the statutes is amended to read:
SB706,43,213
55.10
(4) (a)
Counsel. The individual sought to be protected has the right to
14counsel whether or not the individual is present at the hearing on the petition. The
15court shall require representation by full legal counsel whenever the petition alleges
16that the individual is not competent to refuse psychotropic medication under s. 55.14,
17the individual sought to be protected requested such representation at least 72 hours
18before the hearing, the guardian ad litem or any other person states that the
19individual sought to be protected is opposed to the petition, or the court determines
20that the interests of justice require it. If the individual sought to be protected or any
21other person on his or her behalf requests but is unable to obtain legal counsel, the
22court shall refer the individual to the state public defender as provided under s.
2355.105 for appointment of legal counsel. If the individual sought to be protected is
24represented by counsel appointed under s. 977.08 in a proceeding for the
25appointment of a guardian under
s. 48.976 or ch. 54, the court shall order the counsel
1appointed under s. 977.08 to represent under this section the individual sought to
2be protected.
SB706, s. 45
3Section
45. 115.76 (12) (b) 2. of the statutes is amended to read:
SB706,43,74
115.76
(12) (b) 2. The state, a county, or a child welfare agency, if a child was
5made a ward of the state, county, or child welfare agency under ch. 54
, 2007 stats., 6or ch. 880, 2003 stats., or if a child has been placed in the legal custody or
7guardianship of the state, county, or child welfare agency under ch. 48 or
ch. 767.
SB706, s. 46
8Section
46. 146.82 (2) (a) 9. a. of the statutes is amended to read:
SB706,43,139
146.82
(2) (a) 9. a. In this subdivision, "abuse" has the meaning given in s. 51.62
10(1) (ag); "neglect" has the meaning given in s. 51.62 (1) (br); and "parent" has the
11meaning given in s. 48.02 (13), except that "parent" does not include the parent of a
12minor whose custody is transferred to a legal custodian, as defined in s. 48.02 (11),
13or for whom a guardian is appointed under s.
48.976 or 54.10 or s. 880.33, 2003 stats.
SB706, s. 47
14Section
47. 146.82 (2) (a) 9. c. of the statutes is amended to read:
SB706,44,515
146.82
(2) (a) 9. c. If the patient, regardless of age, has a guardian appointed
16under s.
48.976 or 54.10 or s. 880.33, 2003 stats., or if the patient is a minor with
17developmental disability, as defined in s. 51.01 (5) (a), who has a parent or has a
18guardian appointed under s. 48.831 and does not have a guardian appointed under
19s.
48.976 or 54.10 or s. 880.33, 2003 stats., information concerning the patient that
20is obtainable by staff members of the agency or nonprofit corporation with which the
21agency has contracted is limited, except as provided in subd. 9. e., to the nature of
22an alleged rights violation, if any; the name, birth date and county of residence of the
23patient; information regarding whether the patient was voluntarily admitted,
24involuntarily committed or protectively placed and the date and place of admission,
25placement or commitment; and the name, address and telephone number of the
1guardian of the patient and the date and place of the guardian's appointment or, if
2the patient is a minor with developmental disability who has a parent or has a
3guardian appointed under s. 48.831 and does not have a guardian appointed under
4s.
48.976 or 54.10 or s. 880.33, 2003 stats., the name, address and telephone number
5of the parent or guardian appointed under s. 48.831 of the patient.
SB706, s. 48
6Section
48. 214.37 (4) (k) 1. of the statutes is amended to read:
SB706,44,127
214.37
(4) (k) 1. An affidavit stating that the person has standing under s.
8867.01 (3) (ac) or 867.02 (2) (ac) to petition for summary settlement or assignment
9of a decedent's estate or that the person is an heir of the decedent, or was guardian,
10as defined in s. 54.01 (10) or s. 880.01 (3), 2003 stats., of the
estate of the decedent
11at the time of the decedent's death, and may obtain transfer of property of a decedent
12under s. 867.03.
SB706, s. 49
13Section
49. 215.26 (8) (e) 1. of the statutes is amended to read:
SB706,44,1914
215.26
(8) (e) 1. Submits an affidavit stating that the person has standing
15under s. 867.01 (3) (ac) or 867.02 (2) (ac) to petition for summary settlement or
16assignment of a decedent's estate or that the person is an heir of the decedent, or was
17guardian, as defined in s. 54.01 (10) or s. 880.01 (3), 2003 stats., of the
estate of the 18decedent at the time of the decedent's death, and may obtain transfer of property of
19a decedent under s. 867.03; and
SB706, s. 50
20Section
50. 757.69 (1m) (e) of the statutes is amended to read:
SB706,44,2221
757.69
(1m) (e) Conduct hearings, make findings, or issue orders in
22proceedings under s.
48.976, 48.977
, or 48.978.
SB706, s. 51
23Section
51. 808.075 (4) (a) 9m. of the statutes is created to read:
SB706,44,2424
808.075
(4) (a) 9m. Review of the conduct of a guardian under s. 48.976 (9).
SB706, s. 52
25Section
52. 808.075 (4) (a) 11. of the statutes is amended to read:
SB706,45,2
1808.075
(4) (a) 11. Termination of guardianship under s.
48.976 (10) or 48.977
2(7), including removal of a guardian.