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.