SB560, s. 54
13Section
54. 48.978 (2) (f) 5. of the statutes is amended to read:
SB560,47,1714
48.978
(2) (f) 5. That the person nominated as standby guardian is
fit, willing
, 15and able to act as standby guardian or, if that person is not so
fit, willing
, and able,
16that the person nominated as alternate standby guardian is
fit, willing
, and able to
17act as standby guardian.
SB560, s. 55
18Section
55. 48.978 (3) (b) 2. of the statutes is amended to read:
SB560,47,2019
48.978
(3) (b) 2. A written designation of a standby guardian complies with this
20subsection if the written designation substantially conforms to the following form:
SB560,47,21
21Designation of standby guardian
SB560,47,2422
I, .... (name and address of parent), being of sound mind, do hereby designate ....
23(name and address of standby guardian) as standby guardian of the person and
24estate of my child(ren) .... (name(s), birth date(s) and address(es) of child(ren)).
SB560,48,3
1(You may, if you wish, provide that the duty and authority of the standby
2guardian shall extend only to the person, or only to the estate, of your child(ren), by
3crossing out "person and" or "and estate", whichever is inapplicable, above.)
SB560,48,54
The duty and authority of the standby guardian shall begin on one of the
5following events, whichever occurs first:
SB560,48,87
2. My doctor determines that I am mentally incapacitated, and thus unable to
8care for my child(ren).
SB560,48,119
3. My doctor determines that I am physically debilitated, and thus unable to
10care for my child(ren), and I consent in writing, before 2 witnesses, to the standby
11guardian's duty and authority taking effect.
SB560,48,1412
If the person I designate above is
unfit, unwilling
, or unable to act as standby
13guardian for my child(ren), I hereby designate .... (name and address of alternate
14standby guardian) as standby guardian for my child(ren).
SB560,48,1815
I also understand that the duty and authority of the standby guardian
16designated above will end 180 days after the day on which that duty and authority
17begin if the standby guardian does not petition the court within those 180 days for
18an order appointing him or her as standby guardian.
SB560,48,2419
I understand that I retain full parental rights over my child(ren) even after the
20beginning of the standby guardianship, that I may revoke the standby guardianship
21at any time before the standby guardianship begins, that I may revoke the standby
22guardianship at any time after the standby guardianship begins, subject to the
23approval of the court, and that the standby guardianship will be suspended on my
24recovery or remission from my incapacity or debilitation.
SB560,48,2525
Signature.... Date ....
SB560,49,1
1Statement of witnesses
SB560,49,72
I declare that the person whose name appears above signed this document in
3my presence, or was physically unable to sign the document and asked another
4person 18 years of age or over to sign the document, who did so in my presence, and
5that I believe the person whose name appears above to be of sound mind. I further
6declare that I am 18 years of age or over and that I am not the person designated as
7standby guardian or alternate standby guardian.
SB560,49,88
Witness No. 1:
SB560,49,99
(print) Name ... Date ....
SB560,49,1010
Address ....
SB560,49,1111
Signature ....
SB560,49,1212
Witness No. 2:
SB560,49,1313
(print) Name .... Date ....
SB560,49,1414
Address ....
SB560,49,1515
Signature ....
SB560,49,17
16Statement of standby guardian
17and alternate standby guardian
SB560,50,818
I .... (name and address of standby guardian), and I, .... (name and address of
19alternate standby guardian), understand that .... (name of parent) has designated
20me to be the standby guardian or alternate standby guardian of the person and estate
21(cross out "person and" or "and estate", if inapplicable) of his or her child(ren) if he
22or she dies, becomes mentally incapacitated, or becomes physically debilitated and
23consents, to my duty and authority taking effect. I hereby declare that I am
fit, 24willing
, and able to undertake the duty and authority of standby guardianship and
25I understand that within 180 days after that duty and authority begin I must petition
1the court for an order appointing me as standby guardian. I further understand
2that .... (name of parent) retains full parental rights over his or her child(ren) even
3after the beginning of the standby guardianship, that he or she may revoke the
4standby guardianship at any time before the standby guardianship begins, that he
5or she may revoke the standby guardianship at any time after the standby
6guardianship begins, subject to the approval of the court, and that the standby
7guardianship will be suspended on his or her recovery or remission from his or her
8incapacity or debilitation.
SB560,50,99
Standby guardian's signature .... Date ....
SB560,50,1010
Address ....
SB560,50,1111
Alternate standby guardian' signature .... Date ....
SB560,50,1212
Address ....
SB560, s. 56
13Section
56. 48.978 (3) (e) 1. of the statutes is amended to read:
SB560,50,1814
48.978
(3) (e) 1. The written designation under par. (a) signed or consented to
15by each parent of the child or, if a parent cannot with reasonable diligence be located
16or has
refused failed to consent to the designation, the written designation under par.
17(a) signed by one parent and a statement of the efforts made to find the other parent
18or of the fact that the other parent has
refused
failed to consent to the designation.
SB560, s. 57
19Section
57. 48.978 (3) (e) 3. of the statutes is amended to read:
SB560,50,2320
48.978
(3) (e) 3. If the petition is filed by a person who has been designated as
21an alternate standby guardian, a statement that the person designated as standby
22guardian is
unfit, unwilling
, or unable to act as standby guardian and the factual
23basis for that statement.
SB560, s. 58
24Section
58. 48.978 (3) (g) 3. of the statutes is amended to read:
SB560,51,2
148.978
(3) (g) 3. That the child has no parent who is
fit, willing
, and able to
2exercise the duty and authority of guardianship.
SB560, s. 59
3Section
59. 48.978 (3) (g) 4. of the statutes is amended to read:
SB560,51,64
48.978
(3) (g) 4. That, if a parent cannot be located, the petitioner has made
5diligent efforts to locate that parent
or, if a parent has refused to consent to the
6designation of the standby guardian, the consent was unreasonably withheld.
SB560, s. 60
7Section
60. 48.978 (3) (g) 5. of the statutes is amended to read:
SB560,51,108
48.978
(3) (g) 5. That, if the petitioner is a person designated as an alternate
9standby guardian, the person designated as standby guardian is
unfit, unwilling
, or
10unable to act as standby guardian.
SB560, s. 61
11Section
61. 48.978 (7) of the statutes is amended to read:
SB560,51,1512
48.978
(7) Relationship to ch. 54 other guardianship procedures. (a) Except
13when a different right, remedy
, or procedure is provided under this section, the
14rights, remedies, and procedures provided in
s. 48.976 or ch. 54
, whichever is
15applicable, shall govern a standby guardianship created under this section.
SB560,51,1716
(b) This section does not abridge the duties or authority of a guardian appointed
17under
s. 48.976, ch. 880, 2003 stats., or ch. 54.
SB560,51,2018
(c) Nothing in this section prohibits an individual from petitioning a court for
19the appointment of a guardian
of the person under s. 48.976 or a guardian of the
20estate under ch. 54.
SB560, s. 62
21Section
62. 48.981 (7) (a) 11v. of the statutes is created to read:
SB560,52,322
48.981
(7) (a) 11v. A guardian ad litem for a child who is the subject of a
23guardianship proceeding under s. 48.976 to the extent necessary for the guardian ad
24litem to make recommendations to the court concerning the best interests of the
25child, to report to the court concerning the suitability of the proposed guardian to
1serve as guardian of the child and on any other matter that the court requests, and
2otherwise to fulfill the duties and responsibilities required of the guardian ad litem
3in the proceeding.
SB560, s. 63
4Section
63. 49.32 (1) (am) of the statutes is amended to read:
SB560,52,85
49.32
(1) (am) Paragraph (a) does not prevent the department
or a county
6department under s. 46.22 or 46.23 from charging and collecting the cost of adoptive
7placement investigations and child care as authorized under s. 48.837 (7)
or the cost
8of guardianship investigations as authorized under s. 48.976 (3) (d) 2.
SB560, s. 64
9Section
64. 51.30 (4) (b) 18. a. of the statutes is amended to read:
SB560,52,1510
51.30
(4) (b) 18. a. In this subdivision, "abuse" has the meaning given in s. 51.62
11(1) (ag); "neglect" has the meaning given in s. 51.62 (1) (br); and "parent" has the
12meaning given in s. 48.02 (13), except that "parent" does not include the parent of a
13minor whose custody is transferred to a legal custodian, as defined in s. 48.02 (11),
14or for whom a guardian is appointed under
, or s.
48.976 or 54.10 or s. 880.33, 2003
15stats.
SB560, s. 65
16Section
65. 51.30 (4) (b) 18. c. of the statutes is amended to read:
SB560,53,717
51.30
(4) (b) 18. c. If the patient, regardless of age, has a guardian appointed
18under s.
48.976 or 54.10 or s. 880.33, 2003 stats., or if the patient is a minor with
19developmental disability who has a parent or has a guardian appointed under s.
2048.831 and does not have a guardian appointed under s.
48.976 or 54.10 or s. 880.33,
212003 stats., information concerning the patient that is obtainable by staff members
22of the agency or nonprofit corporation with which the agency has contracted is
23limited, except as provided in subd. 18. e., to the nature of an alleged rights violation,
24if any; the name, birth date and county of residence of the patient; information
25regarding whether the patient was voluntarily admitted, involuntarily committed
1or protectively placed and the date and place of admission, placement or
2commitment; and the name, address and telephone number of the guardian of the
3patient and the date and place of the guardian's appointment or, if the patient is a
4minor with developmental disability who has a parent or has a guardian appointed
5under s. 48.831 and does not have a guardian appointed under s.
48.976 or 54.10 or
6s. 880.33, 2003 stats., the name, address and telephone number of the parent or
7guardian appointed under s. 48.831 of the patient.
SB560, s. 66
8Section
66. 54.01 (10) of the statutes is amended to read:
SB560,53,129
54.01
(10) "Guardian" means a person appointed by a court under s. 54.10 to
10manage the income and assets and provide for the essential requirements for health
11and safety and the personal needs of
a minor, an individual found incompetent
, or
12a spendthrift
or to manage the income and assets of a minor.
SB560, s. 67
13Section
67. 54.10 (1) of the statutes is amended to read:
SB560,53,1814
54.10
(1) A court may appoint
a guardian of the person or a guardian of the
15estate
, or both, for an individual if the court determines that the individual is a
16minor.
Except as provided in ss. 48.831, 48.977, and 48.978, an appointment of a
17guardian of the person of a minor shall be conducted under the procedures specified
18in s. 48.976.
SB560, s. 68
19Section
68. 54.52 (1) of the statutes is amended to read:
SB560,54,220
54.52
(1) A person may at any time bring a petition for the appointment of a
21standby guardian of the person or estate of an individual who is determined under
22s. 54.10 to be incompetent
, a minor, or a spendthrift
or for the appointment of a
23standby guardian of the estate of a minor, except that, as specified in s.
48.97 48.978, 24a petition for the appointment of a standby guardian of the person or
property estate, 25or both
, of a minor to assume the duty and authority of guardianship on the
1incapacity, death, or debilitation and consent, of the minor's parent
may shall be
2brought under s. 48.978.
SB560, s. 69
3Section
69. 54.56 of the statutes is renumbered 48.976 (11) and amended to
4read:
SB560,54,75
48.976
(11) Visitation by a minor's child's grandparents and stepparents. (a)
6In this
section subsection, "stepparent" means the surviving spouse of a deceased
7parent of a
minor child, whether or not the surviving spouse has remarried.
SB560,54,188
(b) If one or both parents of a
minor child are deceased and the
minor child is
9in the custody of the surviving parent or any other person, a grandparent or
10stepparent of the
minor child may petition for visitation privileges with respect to the
11minor child, whether or not the person with custody is married. The grandparent
12or stepparent may file the petition in a guardianship or temporary guardianship
13proceeding under this
chapter section that affects the
minor child or may file the
14petition to commence an independent action under this
chapter subsection. Except
15as provided in
sub. (3m) par. (cm), the court may grant reasonable visitation
16privileges to the grandparent or stepparent if the surviving parent or other person
17who has custody of the
minor child has notice of the hearing and if the court
18determines that visitation is in the best interest of the
minor child.
SB560,54,2019
(c) Whenever possible, in making a determination under
sub. (2) par. (b), the
20court shall consider the wishes of the
minor child.
SB560,55,221
(cm) 1. Except as provided in
par. (b) subd. 2., the court may not grant visitation
22privileges to a grandparent or stepparent under this
section subsection if the
23grandparent or stepparent has been convicted under s. 940.01 of the first-degree
24intentional homicide, or under s. 940.05 of the 2nd-degree intentional homicide, of
1a parent of the
minor child, and the conviction has not been reversed, set aside
, or
2vacated.
SB560,55,63
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.
SB560,55,97
(d) The court may issue any necessary order to enforce a visitation order that
8is granted under this
section subsection, and may from time to time modify the
9visitation privileges or enforcement order for good cause shown.
SB560,55,1710
(dm) 1. If a grandparent or stepparent granted visitation privileges with
11respect to a
minor child under this
section subsection is convicted under s. 940.01 of
12the first-degree intentional homicide, or under s. 940.05 of the 2nd-degree
13intentional homicide, of a parent of the
minor child, and the conviction has not been
14reversed, set aside
, or vacated, the court shall modify the visitation order by denying
15visitation with the
minor child upon petition, motion
, or order to show cause by a
16person having custody of the
minor child, or upon the court's own motion, and upon
17notice to the grandparent or stepparent granted visitation privileges.
SB560,55,2118
2.
Paragraph (a) Subdivision 1. does not apply if the court determines by clear
19and convincing evidence that the visitation would be in the best interests of the
minor 20child. The court shall consider the wishes of the
minor child in making the
21determination.
SB560,55,2422
(e) This
section subsection applies to every
minor child in this state whose
23parent or parents are deceased, regardless of the date of death of the parent or
24parents.
SB560, s. 70
1Section
70. 54.57 of the statutes is renumbered 48.976 (12) and amended to
2read:
SB560,56,103
48.976
(12) Prohibiting visitation or physical placement if a parent kills
4other parent. (a) Except as provided in
sub. (2), in an action under this chapter that
5affects a minor par. (b), a court may not grant to a parent of
the minor a child who
6is the subject of a proceeding under this section visitation or physical placement
7rights with the
minor child if the parent has been convicted under s. 940.01 of the
8first-degree intentional homicide, or under s. 940.05 of the 2nd-degree intentional
9homicide, of the
minor's child's other parent, and the conviction has not been
10reversed, set aside
, or vacated.
SB560,56,1411
(b)
Subsection (1) Paragraph (a) does not apply if the court determines by clear
12and convincing evidence that visitation or periods of physical placement would be in
13the best interests of the
minor child. The court shall consider the wishes of the
minor 14child in making the determination.
SB560, s. 71
15Section
71. 55.03 (1) of the statutes is amended to read:
SB560,56,1916
55.03
(1) Agency as both guardian and provider prohibited. No agency acting
17as a guardian appointed under
s. 48.976, ch. 880, 2003 stats., or ch. 54
, 2009 stats., 18may be a provider of protective services or protective placement for its ward under
19this chapter.
SB560, s. 72
20Section
72. 55.08 (1) (b) of the statutes is amended to read:
SB560,56,2421
55.08
(1) (b) The individual is a minor
14 years of age or over who is
not alleged
22to have a developmental disability
and on whose behalf a petition for guardianship
23has been submitted, or is an adult who has been determined to be incompetent by a
24circuit court.
SB560, s. 73
25Section
73. 55.08 (2) (a) of the statutes is amended to read:
SB560,57,3
155.08
(2) (a) The individual has been determined to be incompetent by a circuit
2court or is a minor
14 years of age or over who is alleged to have a developmental
3disability
and on whose behalf a petition for a guardianship has been submitted.
SB560, s. 74
4Section
74. 55.10 (4) (intro.) of the statutes is amended to read:
SB560,57,105
55.10
(4) Rights. (intro.) Sections 54.42, 54.44, and 54.46 and the following
6provisions apply to all hearings under this chapter
involving protective placement
7or protective services for an adult, and the following provisions apply to all hearings
8under this chapter involving protective placement or protective services for a minor, 9except transfers of placement under s. 55.15 and summary hearings under ss. 55.18
10(3) (d) and 55.19 (3) (d):
SB560, s. 75
11Section
75. 115.76 (12) (b) 2. of the statutes is amended to read:
SB560,57,1512
115.76
(12) (b) 2. The state, a county, or a child welfare agency, if a child was
13made a ward of the state, county, or child welfare agency under ch. 54
, 2009 stats., 14or ch. 880, 2003 stats., or if a child has been placed in the legal custody or
15guardianship of the state, county, or child welfare agency under ch. 48 or
ch. 767.
SB560, s. 76
16Section
76. 118.125 (2) (L) of the statutes is amended to read:
SB560,57,2017
118.125
(2) (L) A school board shall disclose the pupil records of a pupil in
18compliance with a court order under s.
48.235 (3) (c) 5., 48.236 (4) (a), 48.345 (12) (b),
19938.34 (7d) (b), 938.396 (1) (d), or 938.78 (2) (b) 2. after making a reasonable effort
20to notify the pupil's parent or legal guardian.
SB560, s. 77
21Section
77. 146.82 (2) (a) 9. a. of the statutes is amended to read:
SB560,58,222
146.82
(2) (a) 9. a. In this subdivision, "abuse" has the meaning given in s. 51.62
23(1) (ag); "neglect" has the meaning given in s. 51.62 (1) (br); and "parent" has the
24meaning given in s. 48.02 (13), except that "parent" does not include the parent of a
1minor whose custody is transferred to a legal custodian, as defined in s. 48.02 (11),
2or for whom a guardian is appointed under s.
48.976 or 54.10 or s. 880.33, 2003 stats.
SB560, s. 78
3Section
78. 146.82 (2) (a) 9. c. of the statutes is amended to read:
SB560,58,194
146.82
(2) (a) 9. c. If the patient, regardless of age, has a guardian appointed
5under s.
48.976 or 54.10 or s. 880.33, 2003 stats., or if the patient is a minor with
6developmental disability, as defined in s. 51.01 (5) (a), who has a parent or has a
7guardian appointed under s. 48.831 and does not have a guardian appointed under
8s.
48.976 or 54.10 or s. 880.33, 2003 stats., information concerning the patient that
9is obtainable by staff members of the agency or nonprofit corporation with which the
10agency has contracted is limited, except as provided in subd. 9. e., to the nature of
11an alleged rights violation, if any; the name, birth date and county of residence of the
12patient; information regarding whether the patient was voluntarily admitted,
13involuntarily committed or protectively placed and the date and place of admission,
14placement or commitment; and the name, address and telephone number of the
15guardian of the patient and the date and place of the guardian's appointment or, if
16the patient is a minor with developmental disability who has a parent or has a
17guardian appointed under s. 48.831 and does not have a guardian appointed under
18s.
48.976 or 54.10 or s. 880.33, 2003 stats., the name, address and telephone number
19of the parent or guardian appointed under s. 48.831 of the patient.
SB560, s. 79
20Section
79. 214.37 (4) (k) 1. of the statutes is amended to read: