SB601: Bill Text

SB601,43,20 48.831 (1) Type of guardianship. This section may be used for the appointment of a guardian of a child who does not have a living parent if a finding as to the adoptability of a child is sought. Chapter Except as provided in s. 48.977, ch. 880 applies to the appointment of a guardian for a child who does not have a living parent for all other purposes. An appointment of a guardian of the estate of a child who does not have a living parent shall be conducted in accordance with the procedures specified in ch. 880.

SB601, s. 121 Section 121. 48.833 of the statutes is amended to read:

SB601,44,8 48.833 Placement of children for adoption by the department, county departments and child welfare agencies. The department, a county department under s. 48.57 (1) (e) or (hm) or a child welfare agency licensed under s. 48.60 may place a child for adoption in a licensed foster home or a licensed treatment foster home without a court order if the department, county department under s. 48.57 (1) (e) or (hm) or the child welfare agency is the guardian of the child or makes the placement at the request of another agency which is the guardian of the child. When a child is placed under this section in a licensed foster home or a licensed treatment foster home for adoption, the department, county department or child welfare agency making the placement shall enter into a written agreement with the adoptive parent, which shall state the date on which the child is placed in the licensed foster home or licensed treatment foster home for adoption by the adoptive parent.

SB601, s. 122 Section 122. 48.837 (1) of the statutes is amended to read:

SB601,44,13 48.837 (1) Adoptive placement. A parent having custody of a child and the proposed adoptive parent or parents of the child may petition the court for placement of the child for adoption in the home of a person who is not a relative of the child if the home is licensed as a foster home or treatment foster home under s. 48.62.

SB601, s. 123 Section 123. 48.975 (3) (a) of the statutes is amended to read:

SB601,44,20 48.975 (3) (a) Maintenance. For support of a child who was in foster care or treatment foster care immediately prior to adoption, the adoption assistance for maintenance shall be equivalent to the amount of that child's foster care or treatment foster care payment. For support of a child not in foster care or treatment foster care immediately prior to placement with a subsidy, the adoption assistance for maintenance shall be equivalent to the uniform foster care rate.

SB601, s. 124 Section 124. 48.977 of the statutes is created to read:

SB601,44,24 48.977 Appointment of relatives or village foster parents as guardians for certain children in need of protection or services. (1) Definition. In this section:

SB601,45,2 (a) "Relative" means a relative as defined in s. 48.02 (15) or as specified in s. 49.19 (1) (a) 2. a.

SB601,45,3 (b) "Village foster parent" means a person licensed under s. 48.62 (1) (c).

SB601,45,6 (2) Type of guardianship. This section may be used for the appointment of a relative or village foster parent of a child as a guardian of the person for the child if the court finds all of the following:

SB601,45,11 (a) That the child has been adjudged to be in need of protection or services under s. 48.13 (1), (2), (3), (3m), (4), (5), (8), (9), (10), (10m), (11) or (11m) and been placed, or continued in a placement, outside of his or her home pursuant to one or more court orders under s. 48.345, 48.357, 48.363 or 48.365 for a cumulative total period of one year or longer.

SB601,45,15 (b) That the person nominated as the guardian of the child is a relative or village foster parent of the child with whom the child has been placed and that it is likely that the child will continue to be placed with that relative or village foster parent for an extended period of time or until the child attains the age of 18 years.

SB601,45,18 (c) That, if appointed, it is likely that the relative or village foster parent would be willing and able to serve as the child's guardian for an extended period of time or until the child attains the age of 18 years.

SB601,45,20 (d) That it is not in the best interests of the child that a petition to terminate parental rights be filed with respect to the child.

SB601,45,23 (e) That the child's parent is neglecting, refusing or unable to carry out the duties of a guardian or, if the child has 2 parents, both parents are neglecting, refusing or unable to carry out the duties of a guardian.

SB601,46,4 (f) That the agency primarily responsible for providing services to the child under a court order has made reasonable efforts to make it possible for the child to return to his or her home but that reunification of the child with the child's parent or parents is unlikely or contrary to the best interests of the child and that further reunification efforts are unlikely to be made or are contrary to the best interests of the child.

SB601,46,8 (3) Designation as a permanent placement. If a court appoints a guardian for a child under sub. (2), the court may designate the child's placement with that guardian as the child's permanent foster home placement for purposes of s. 48.368 (2).

SB601,46,11 (4) Procedure and disposition. (a) Who may file petition. Any of the following persons may file a petition for the appointment of a guardian for a child under sub. (2):

SB601,46,12 1. The child or the child's guardian or legal custodian.

SB601,46,13 2. The child's guardian ad litem.

SB601,46,14 3. The child's parent.

SB601,46,17 4. The relative or village foster parent with whom the child is placed if the relative or village foster parent is nominated as the guardian of the child in the petition.

SB601,46,18 5. The department.

SB601,46,19 6. A county department.

SB601,46,21 7. A licensed child welfare agency that has been assigned primary responsibility for providing services to the child under a court order.

SB601,46,22 8. The person representing the interests of the public under s. 48.09.

SB601,47,2 (b) Contents of petition. A proceeding for the appointment of a guardian for a child under sub. (2) shall be initiated by a petition which shall be entitled "In the interest of .... (child's name), a person under the age of 18" and shall set forth all of the following with specificity:

SB601,47,3 1. The name, birth date and address of the child.

SB601,47,5 2. The names and addresses of the child's parent or parents, guardian and legal custodian.

SB601,47,9 3. The date that the child was adjudged in need of protection or services under s. 48.13 (1), (2), (3), (3m), (4), (5), (8), (9), (10), (10m), (11) or (11m) and the dates that the child has been placed, or continued in a placement, outside of his or her home pursuant to one or more court orders under s. 48.345, 48.357, 48.363 or 48.365.

SB601,47,11 4. A statement of the facts and circumstances which the petition alleges establish that the conditions specified in sub. (2) (b) to (f) are met.

SB601,47,13 5. A statement of whether the proceedings are subject to the uniform child custody jurisdiction act under ch. 822.

SB601,47,15 6. A statement of whether the child may be subject to the federal Indian child welfare act, 25 USC 1911 to 1963.

SB601,47,18 (c) Service of petition and notice. 1. The petitioner shall cause the petition and notice of the time and place of the hearing under par. (d) to be served upon all of the following persons:

SB601,47,19 a. The child if the child is 12 years of age or older.

SB601,47,20 b. The child's guardian and legal custodian.

SB601,47,21 c. The child's guardian ad litem.

SB601,47,22 d. The child's counsel.

SB601,47,23 e. The child's parent.

SB601,47,24 f. The persons to whom notice is required to be given under s. 48.27 (3) (b) 1.

SB601,48,3 g. The relative or village foster parent with whom the child is placed if the relative or village foster parent is nominated as the guardian of the child in the petition.

SB601,48,4 h. The person representing the interests of the public under s. 48.09.

SB601,48,6 i. The agency primarily responsible for providing services to the child under a court order.

SB601,48,13 2. Service shall be made by 1st class mail at least 7 days before the hearing or by personal service at least 7 days before the hearing or, if with reasonable diligence a party specified in subd. 1. cannot be served by mail or personal service, service shall be made by publication of a notice published as a class 1 notice under ch. 985. In determining which newspaper is likely to give notice as required under s. 985.02 (1), the petitioner shall consider the residence of the party, if known, or the residence of the relatives of the party, if known, or the last-known location of the party.

SB601,48,17 (d) Fact-finding hearing. The court shall hold a fact-finding hearing on the petition within 30 days after the petition is filed, at which any party may present evidence relevant to the issue of whether the conditions specified in sub. (2) (a) to (f) have been met.

SB601,48,23 (e) Court report. The court shall order the person or agency primarily responsible for providing services to the child under a court order to file with the court a report containing the written summary under s. 48.38 (5) (e) and as much information relating to the appointment of a guardian as is reasonably ascertainable. The agency shall file the report at least 48 hours before the date of the dispositional hearing under par. (f).

SB601,49,3 (f) Dispositional hearing. If the court, at the conclusion of the fact-finding hearing, finds by clear and convincing evidence that the conditions specified in sub. (2) (a) to (f) have been met, the court shall immediately proceed to a dispositional hearing unless an adjournment is requested. Any party may present evidence, including expert testimony, relevant to the disposition.

SB601,49,8 (g) Dispositional factors. In determining the appropriate disposition under this section, the best interests of the child shall be the prevailing factor to be considered by the court. In making a decision about the appropriate disposition, the court shall consider any report submitted under par. (e) and shall consider, but not be limited to, all of the following:

SB601,49,10 1. Whether the relative or village foster parent would be a suitable guardian of the child.

SB601,49,13 2. The willingness and ability of the relative or village foster parent to serve as the child's guardian for an extended period of time or until the child attains the age of 18 years.

SB601,49,14 3. The wishes of the child.

SB601,49,17 (h) Disposition. After receiving any evidence relating to the disposition, the court shall enter one of the following dispositions within 10 days after the dispositional hearing:

SB601,49,20 1. A disposition dismissing the petition if the court determines that appointment of the relative or village foster parent as the child's guardian is not in the best interests of the child.

SB601,49,24 2. A disposition ordering that the relative or village foster parent with whom the child has been placed be appointed as the child's guardian under sub. (5) (a) or limited guardian under sub. (5) (b) if the court determines that such an appointment is in the best interests of the child.

SB601,50,3 (i) Effect of disposition on permanency plan review process. After a disposition under par. (h), the child's permanency plan shall continue to be reviewed under s. 48.38 (5), if applicable.

SB601,50,6 (5) Duties and authority of guardian. (a) Full guardianship. Unless limited under par. (b), a guardian appointed under sub. (2) shall have the duties and authority specified in s. 48.023.

SB601,50,13 (b) Limited guardianship. The court may order that the duties and authority of a guardian appointed under sub. (2) be limited. The duties and authority of a limited guardian shall be as specified by the order of appointment under sub. (4) (h) 2. or any revised order under sub. (6). All provisions of the statutes concerning the duties and authority of a guardian shall apply to a limited guardian appointed under sub. (2) to the extent that those provisions are relevant to the duties or authority of the limited guardian, except as limited by the order of appointment.

SB601,50,22 (6) Revision of guardianship order. (a) Any person authorized to file a petition under sub. (4) (a) may request a revision in a guardianship order entered under this subsection or sub. (4) (h) 2., or the court may, on its own motion, propose such a revision. The request or court proposal shall set forth in detail the nature of the proposed revision, shall allege facts sufficient to show that there has been a substantial change in circumstances since the last order affecting the guardianship was entered and that the proposed revision would be in the best interests of the child and shall allege any other information that affects the advisability of the court's disposition.

SB601,51,2 (b) The court shall hold a hearing on the matter prior to any revision of the guardianship order if the request or court proposal indicates that new information is available which affects the advisability of the court's guardianship order, unless written waivers of objections to the revision are signed by all parties entitled to receive notice under sub. (4) (c) and the court approves the waivers.

SB601,51,9 (c) If a hearing is to be held, the court shall notify the persons entitled to receive notice under sub. (4) (c) at least 7 days prior to the hearing of the date, place and purpose of the hearing. A copy of the request or proposal shall be attached to the notice. The court may order a revision if, at the hearing, the court finds that it has been proved by clear and convincing evidence that there has been a substantial change in circumstances and if the court determines that a revision would be in the best interests of the child.

SB601,51,14 (7) Termination of guardianship. (a) Term of guardianship. Unless the court order entered under sub. (4) (h) 2. or (6) specifies that a guardianship under this section be for a lesser period of time, a guardianship under this section shall continue until the child attains the age of 18 years or until terminated by the court, whichever occurs earlier.

SB601,51,21 (b) Removal for cause. 1. Any person authorized to file a petition under sub. (4) (a) may request that a guardian appointed under sub. (2) be removed for cause or the court may, on its own motion, propose such a removal. The request or court proposal shall allege facts sufficient to show that the guardian is or has been neglecting, is or has been refusing or is or has been unable to discharge the guardian's trust and may allege facts relating to any other information that affects the advisability of the court's disposition.

SB601,51,24 2. The court shall hold a hearing on the matter unless written waivers of objections to the removal are signed by all parties entitled to receive notice under sub. (4) (c) and the court approves the waivers.

SB601,52,8 3. If a hearing is to be held, the court shall notify the persons entitled to receive notice under sub. (4) (c) at least 7 days prior to the hearing of the date, place and purpose of the hearing. A copy of the request or court proposal shall be attached to the notice. The court shall remove the guardian for cause if, at the hearing, the court finds that it has been proved by clear and convincing evidence that the guardian is or has been neglecting, is or has been refusing or is or has been unable to discharge the guardian's trust and if the court determines that removal of the guardian would be in the best interests of the child.

SB601,52,10 (c) Resignation. A guardian appointed under sub. (2) may resign at any time if the resignation is accepted by the court.

SB601,52,17 (d) Termination on request of parent. 1. A parent of the child may request that a guardianship order entered under sub. (4) (h) 2. or a revised order entered under sub. (6) be terminated. The request shall allege facts sufficient to show that there has been a substantial change in circumstances since the last order affecting the guardianship was entered, that the parent is willing and able to carry out the duties of a guardian and that the proposed termination of guardianship would be in the best interests of the child.

SB601,52,20 2. The court shall hold a hearing on the matter unless written waivers of objections to the termination are signed by all parties entitled to receive notice under sub. (4) (c) and the court approves the waivers.

SB601,53,4 3. If a hearing is to be held, the court shall notify the persons entitled to receive notice under sub. (4) (c) at least 7 days prior to the hearing of the date, place and purpose of the hearing. A copy of the request shall be attached to the notice. The court shall terminate the guardianship if, at the hearing, the court finds that it has been proved by clear and convincing evidence that there has been a substantial change in circumstances since the last order affecting the guardianship was entered and the parent is willing and able to carry out the duties of a guardian and if the court determines that termination of the guardianship would be in the best interests of the child.

SB601,53,6 (8) Relationship to ch. 880. (a) This section does not abridge the duties or authority of a guardian appointed under ch. 880.

SB601,53,8 (b) Nothing in this section prohibits an individual from petitioning a court under ch. 880 for appointment of a guardian.

SB601, s. 125 Section 125. 48.98 (1) of the statutes is amended to read:

SB601,53,13 48.98 (1) No person may bring a child into this state or send a child out of this state for the purpose of placing the child in foster care or treatment foster care or for the purpose of adoption without a certificate from the department that the home is suitable for the child.

SB601, s. 126 Section 126. 48.98 (2) (a) of the statutes is amended to read:

SB601,53,21 48.98 (2) (a) Any person, except a county department or licensed child welfare agency, who brings a child into this state for the purpose of placing the child in a foster home or treatment foster home shall, before the child's arrival in this state, file with the department a $1,000 noncancelable bond in favor of this state, furnished by a surety company licensed to do business in this state. The condition of the bond shall be that the child will not become dependent on public funds for his or her primary support before the child reaches age 18 or is adopted.

SB601, s. 127 Section 127. 48.981 (3) (d) 1. of the statutes is amended to read:

SB601,54,2 48.981 (3) (d) 1. In this paragraph, "agent" includes, but is not limited to, a foster parent, treatment foster parent or other person given custody of a child or a human services professional employed by a county department under s. 51.42 or 51.437 who is working with the child under contract with or under the supervision of the county department under s. 46.215 or 46.22.

SB601, s. 128 Section 128. 48.981 (7) (a) 4. of the statutes is amended to read:

SB601,54,7 48.981 (7) (a) 4. A child's foster parent, treatment foster parent or other person having physical custody of the child, except that the person or agency maintaining the record or report may not disclose any information that would identify the reporter.

SB601, s. 129 Section 129. 49.19 (1) (a) 2. b. of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

SB601,54,19 49.19 (1) (a) 2. b. Is living in a foster home or treatment foster home licensed under s. 48.62 if a license is required under that section, in a foster home or treatment foster home located within the boundaries of a federally recognized American Indian reservation in this state and licensed by the tribal governing body of the reservation, in a group home licensed under s. 48.625 or in a child-caring institution licensed under s. 48.60, and has been placed in the foster home, treatment foster home, group home or institution by a county department under s. 46.215, 46.22 or 46.23, by the department of health and family services, by the department of corrections or by a federally recognized American Indian tribal governing body in this state under an agreement with a county department.

SB601, s. 130 Section 130. 49.19 (4e) (a) of the statutes is amended to read:

SB601,55,2 49.19 (4e) (a) Except as provided in par. (b), if a person applying for aid is under 18 years of age, has never married and is pregnant or has a dependent child in his or her care, the person is not eligible for aid unless he or she lives in a place maintained by his or her parent, legal guardian or other adult relative as the parent's, guardian's or other adult relative's own home or lives in a foster home, treatment foster home, maternity home or other supportive living arrangement supervised by an adult.

SB601, s. 131 Section 131. 49.19 (10) (a) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

SB601,55,17 49.19 (10) (a) Aid under this section may also be granted to a nonrelative who cares for a child dependent upon the public for proper support in a foster home or treatment foster home having a license under s. 48.62, in a foster home or treatment foster home located within the boundaries of a federally recognized American Indian reservation in this state and licensed by the tribal governing body of the reservation or in a group home licensed under s. 48.625, regardless of the cause or prospective period of dependency. The state shall reimburse counties pursuant to the procedure under s. 46.495 (2) and the percentage rate of participation set forth in s. 46.495 (1) (d) for aid granted under this subsection except that if the child does not have legal settlement in the granting county, state reimbursement shall be at 100%. The county department under s. 46.215 or 46.22 shall determine the legal settlement of the child. A child under one year of age shall be eligible for aid under this subsection irrespective of any other residence requirement for eligibility within this section.

SB601, s. 132 Section 132. 49.19 (10) (c) of the statutes is amended to read:

SB601,56,2 49.19 (10) (c) Reimbursement under par. (a) may also be paid to the county when the child is placed in a licensed foster home, treatment foster home, group home or child-caring institution by a licensed child welfare agency or by a federally recognized American Indian tribal governing body in this state or by its designee, if the child is in the legal custody of the county department under s. 46.215, 46.22 or 46.23 or if the child was removed from the home of a relative specified in sub. (1) (a) as a result of a judicial determination that continuance in the home of the relative would be contrary to the child's welfare for any reason and the placement is made pursuant to an agreement with the county department.

SB601, s. 133 Section 133. 49.19 (10) (d) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read: