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.
SB706, s. 53
3Section
53. 808.075 (4) (a) 13. of the statutes is created to read:
SB706,45,44
808.075
(4) (a) 13. Appointment of a successor guardian under s. 48.976 (7).
SB706, s. 54
5Section
54. 808.075 (4) (f) 3. of the statutes is renumbered 808.075 (4) (a) 14.
6and amended to read:
SB706,45,77
808.075
(4) (a) 14. Order for visitation under s.
54.56 48.976 (11).
SB706, s. 55
8Section
55. 814.66 (1) (m) of the statutes is amended to read:
SB706,45,119
814.66
(1) (m) For filing a petition under s.
54.56 48.976 (11), whether in a
10guardianship or temporary guardianship proceeding or to commence an
11independent action, $60.
SB706, s. 56
12Section
56. 938.02 (8) of the statutes is amended to read:
SB706,45,1413
938.02
(8) "Guardian" means the person named by the court having the duty
14and authority of
guardianship guardian of the person of a juvenile.
SB706,45,2117
938.255
(1) (cm) If the petition is initiating proceedings under s. 938.13 (4), (6),
18(6m), or (7), whether the juvenile may be subject to
s. 938.028 or the federal Indian
19Child Welfare Act,
25 USC 1901 to
1963, and, if the juvenile may be subject to
s.
20938.028 or that act, the names and addresses of the juvenile's Indian custodian, if
21any, and Indian tribe, if known.
SB706, s. 58
22Section
58. 938.34 (3) (a) of the statutes is amended to read:
SB706,46,523
938.34
(3) (a) The home of a parent
or
, other relative
, or guardian of the
24juvenile, except that the court may not designate the home of a parent
or, other
25relative
, or guardian of the juvenile as the juvenile's placement if the parent
or, other
1relative
, or guardian has been convicted of the homicide of a parent of the juvenile
2under s. 940.01 or 940.05, and the conviction has not been reversed, set aside, or
3vacated, unless the court determines by clear and convincing evidence that the
4placement would be in the best interests of the juvenile. The court shall consider the
5wishes of the juvenile in making that determination.
SB706, s. 59
6Section
59. 938.34 (3) (c) of the statutes is amended to read:
SB706,46,97
938.34
(3) (c) A foster home or treatment foster home licensed under s. 48.62
8or, a group home licensed under s. 48.625
, or the home of a guardian under s. 48.977
9(2).
SB706,46,1312
938.34
(3) (c) A foster home licensed under s. 48.62, a group home licensed
13under s. 48.625, or the home of a guardian under s. 48.977 (2).
SB706, s. 61
14Section
61. 938.345 (1) (e) of the statutes is amended to read:
SB706,46,1815
938.345
(1) (e) Place any juvenile not found under ch. 880, 2003 stats., or ch.
1646,
48, 49, 51, 54, or 115 to have a developmental disability or a mental illness or to
17be a child with a disability, as defined in s. 115.76 (5), in a facility that exclusively
18treats one or more of those categories of juveniles.
SB706, s. 62
19Section
62. 938.345 (4) of the statutes is repealed.
SB706,47,1122
938.355
(6) (an) 1. If a juvenile who has violated a municipal ordinance, other
23than an ordinance enacted under s. 118.163 (1m) or (2), violates a condition of a
24dispositional order imposed by the municipal court, the municipal court may petition
25the court assigned to exercise jurisdiction under this chapter and ch. 48 to impose
1on the juvenile the sanction under par. (d) 1. or the sanction under par. (d) 3., with
2monitoring by an electronic monitoring system. A sanction may be imposed under
3this subdivision only if, at the time of the judgment, the municipal court explained
4the conditions to the juvenile and informed the juvenile of those possible sanctions
5for a violation or if before the violation the juvenile has acknowledged in writing that
6he or she has read, or has had read to him or her, those conditions and possible
7sanctions and that he or she understands those conditions and possible sanctions.
8The petition shall contain a statement of whether the juvenile may be subject to
s.
9938.028 or the federal Indian Child Welfare Act,
25 USC 1901 to
1963, and, if the
10juvenile may be subject to
s. 938.028 or that act, the names and addresses of the
11juvenile's Indian custodian, if any, and tribe, if known.
SB706,47,2414
938.355
(6) (b)
Motion to impose sanction. A motion for imposition of a sanction
15may be brought by the person or agency primarily responsible for the provision of
16dispositional services, the district attorney or corporation counsel, or the court that
17entered the dispositional order. If the court initiates the motion, that court is
18disqualified from holding a hearing on the motion. Notice of the motion shall be given
19to the juvenile, guardian ad litem, counsel, parent, guardian, legal custodian, and all
20parties present at the original dispositional hearing. The motion shall contain a
21statement of whether the juvenile may be subject to
s. 938.028 or the federal Indian
22Child Welfare Act,
25 USC 1901 to
1963 and, if the juvenile may be subject to
s.
23938.028 or that act, the names and addresses of the juvenile's Indian custodian, if
24any, and tribe, if known.
SB706,48,163
938.355
(6m) (am) 1. If a juvenile who has violated a municipal ordinance
4enacted under s. 118.163 (2) violates a condition of a dispositional order imposed by
5the municipal court, the municipal court may petition the court assigned to exercise
6jurisdiction under this chapter and ch. 48 to impose on the juvenile the sanction
7specified in par. (a) 1g. A sanction may be imposed under this subdivision only if, at
8the time of the judgment the municipal court explained the conditions to the juvenile
9and informed the juvenile of that possible sanction or if before the violation the
10juvenile has acknowledged in writing that he or she has read, or has had read to him
11or her, those conditions and that possible sanction and that he or she understands
12those conditions and that possible sanction. The petition shall contain a statement
13of whether the juvenile may be subject to
s. 938.028 or the federal Indian Child
14Welfare Act,
25 USC 1901 to
1963, and, if the juvenile may be subject to
s. 938.028
15or that act, the names and addresses of the juvenile's Indian custodian, if any, and
16tribe, if known.
SB706,49,418
(1)
Transition. Notwithstanding the treatment of sections 54.01 (10) and 54.10
19(1) of the statutes by this act, all guardianships of the person of a minor under section
2054.10, 2007 stats., or chapter 880, 2003 stats., in effect immediately before the
21effective date of this subsection remain in effect and shall be considered
22guardianships under section 48.976 of the statutes, as created by this act, until
23terminated by court order under section 48.976 (10) of the statutes, as created by this
24act, all matters commenced under ch. 54, 2007 stats., with respect to a guardianship
25of the person of a minor that are pending on the effective date of this subsection shall
1be completed under ch. 54, 2007 stats., and all orders appointing a guardian of the
2person of a minor under ch. 54, 2007 stats., entered beginning on the effective date
3of this subsection shall be considered guardianships under section 48.976 of the
4statutes, as created by this act.
SB706,49,86
(1)
Petitions for guardianship. Except as provided in subsection (2
), this act
7first applies to a petition for full, limited, temporary, emergency, standby, or
8successor guardianship filed on the effective date of this subsection.
SB706,49,119
(2)
Duties and authority of guardian of the person. The treatment of sections
1048.023 (intro.), (3), and (4) and 48.976 (2) (c) 5. of the statutes first applies to a
11guardianship of the person of a minor in effect on the effective date of this subsection.
SB706, s. 68
12Section
68.
Effective dates. This act takes effect on the first day of the 6th
13month beginning after publication, except as follows:
SB706,49,1714
(1)
Treatment foster homes. The repeal and recreation of sections 48.62 (2)
15and 938.34 (3) (c) of the statutes takes effect on the date stated in the notice provided
16by the secretary of children and families and published in the Wisconsin
17Administrative Register under section 48.62 (9) of the statutes.