AB244: Bill Text

Joint Legislative Council prefatory note: This bill is recommended by the joint legislative council's special committee on guardians ad litem in actions affecting the family. The special committee was directed to study the appointment, role, supervision, training, and compensation of guardians ad litem (GALs), and to make legislative recommendations and petition the Wisconsin supreme court regarding proposed changes that are more appropriate for supreme court rules.

This bill does the following:

1. Clarifies the current statutory provision governing GAL compensation to provide that when parties are ordered to pay GAL compensation, they may be ordered to pay the GAL directly, pay into an escrow account from which the GAL will be paid, or reimburse the county if it has paid the GAL's compensation. Also, the bill allows the court to order the county to pay a GAL's compensation if either party is indigent.

2. Permits a court to order income withholding to collect GAL fees or fees for mediation and custody and physical placement studies.

3. Requires the clerk of court to provide parties with instructions for completing and filing a parenting plan when they file a petition or receive a summons for an action affecting the family. The bill also provides that a mediator must review the nonfinancial provisions of the parenting plan at the initial session of mediation.

The bill draft requires parties to file a parenting plan with the court within 60 days after the court waives the requirement that the parties attend mediation or within 60 days after the mediator notifies the court that the parties have not reached an agreement, unless the court orders otherwise.

4. Requires parties to an action affecting the family in which a minor child is involved to attend a parent education program that includes at least four hours of instruction or training on the effects of divorce on a child; working together in the best interest of the child; parenting or coparenting skills; the consequences of stipulating to a custody and placement arrangement and of resolution of disputes by the court; available mediation; current law relating to custody and physical placement; current law relating to GALs and the duties and responsibilities of a GAL; and the potential costs associated with an action affecting the family.

The bill provides that the court or circuit court commissioner (CCC) may elect not to order attendance at a parent education program or may order the parties to attend separate sessions of the program if the court or CCC determines that attending the program or attending the program with the other party would cause undue hardship or endanger the health or safety of one of the parties.

If attendance at the program is ordered, the court or CCC may require attendance as a condition to the granting of a final judgment or order in the action. In addition, the court or CCC may refuse to hear a custody or physical placement motion of a party who refuses to attend the program.

AB244, s. 1 Section 1. 20.921 (2) (a) of the statutes is amended to read:

AB244,3,2 20.921 (2) (a) Whenever it becomes necessary in pursuance of any federal or state law or court-ordered assignment of income under s. 46.10 (14) (e), 301.12 (14) (e), 767.045 (6) (b), 767.23 (1) (L), 767.25 (4m) (c) or, 767.265, or 814.615 (3) to make deductions from the salaries of state officers or employees or employees of the University of Wisconsin Hospitals and Clinics Authority, the state agency or authority by which the officers or employees are employed is responsible for making such deductions and paying over the total thereof for the purposes provided by the laws or orders under which they were made.

Note: Section 1 amends current law relating to income-withholding orders applicable to state employees to include cross-references to the provisions amended in Sections 4 and 34.

AB244, s. 2 Section 2. 102.27 (2) (a) of the statutes is amended to read:

AB244,3,6 102.27 (2) (a) A benefit under this chapter is assignable under s. 46.10 (14) (e), 301.12 (14) (e), 767.045 (6) (b), 767.23 (1) (L), 767.25 (4m) (c) or, 767.265 (1) or (2m) , or 814.615 (3).

Note: Section 2 amends current law relating to worker's compensation to provide that such claims may be assigned under the provisions contained in Sections 4 and 34.

AB244, s. 3 Section 3. 767.045 (6) of the statutes is renumbered 767.045 (6) (a) and amended to read:

AB244,4,2 767.045 (6) (a) The guardian ad litem shall be compensated at a rate that the court determines is reasonable. The court shall order either or both parties to pay all or any part of the compensation of the guardian ad litem. In addition, upon motion by the guardian ad litem, the court shall order either or both parties to pay the fee for an expert witness used by the guardian ad litem, if the guardian ad litem shows that the use of the expert is necessary to assist the guardian ad litem in performing his or her functions or duties under this chapter. If both parties are The order may direct either or both parties to pay the guardian ad litem directly, to place payments in an escrow account in an amount estimated to be sufficient to pay the guardian ad litem's compensation and expert witness fees, or to reimburse the county of venue for any payments made by the county to the guardian ad litem. If either party is indigent, the court may direct that the county of venue pay the compensation and fees for that party. If the court orders a county to pay the compensation of the guardian ad litem, the amount ordered may not exceed the compensation paid to private attorneys under s. 977.08 (4m) (b).

AB244,4,7 (c) The court may order a separate judgment for the amount of the reimbursement in favor of the county and against the party or parties responsible for the reimbursement, or for the amount of the compensation and fees in favor of the guardian ad litem and against the party or parties responsible for payment of the compensation and fees.

AB244,4,9 (d) The court may enforce its orders under this subsection by means of its contempt power.

Note: Section 3 provides that when parties are ordered to pay GAL compensation, they may be ordered to pay the GAL directly, pay into an escrow account from which the GAL will be paid, or reimburse the county if it has paid the GAL's compensation.

Section 3 also provides that if either party is indigent, the court may direct the county to pay the GAL compensation and fees for that party. Under current law, the court may order the county to pay only if both parties are indigent.

AB244, s. 4 Section 4. 767.045 (6) (b) of the statutes is created to read:

AB244,4,17 767.045 (6) (b) In directing the manner of payment of compensation and fees to the guardian ad litem or of reimbursement to the county, the court may order that the payment amount be withheld from income and sent to the guardian ad litem or that the reimbursement amount be withheld from income and sent to the county treasurer, as provided in s. 767.265 (3j) (a). If the court orders income withholding and assignment for payment of compensation and fees or for reimbursement, the court shall send notice of assignment in the manner provided under s. 767.265 (2r).

Note: Under Section 4, the court may order that the amount of GAL compensation and fees may be withheld from a party's income and sent to the GAL directly or to the county treasurer to reimburse the county.

AB244, s. 5 Section 5. 767.07 (1) of the statutes is amended to read:

AB244,5,3 767.07 (1) The requirements of this chapter as to residence and marriage assessment counseling attendance at the educational program under s. 767.115 (1) (a) have been complied with;

Note: Section 5 provides that a court must grant a judgment of divorce or legal separation if, along with other conditions, the requirements of ch. 767, stats., as to residence and attendance at the parent education program under s. 767.115 (1) (a), stats., have been complied with.

AB244, s. 6 Section 6. 767.085 (2) (c) of the statutes is created to read:

AB244,5,7 767.085 (2) (c) The clerk of court shall provide, without charge, to each person filing a petition instructions for completing and filing a parenting plan under s. 767.24 (1m).

AB244, s. 7 Section 7. 767.085 (2m) (a) 3. of the statutes is created to read:

AB244,5,11 767.085 (2m) (a) 3. Shall be accompanied by instructions, provided without charge by the clerk of court, for completing and filing a parenting plan under s. 767.24 (1m).

Note: Sections 6 and 7 require the clerk of court to provide instructions for completing and filing a parenting plan to each person who files a petition or receives a summons initiating an action affecting the family.

AB244, s. 8 Section 8. 767.11 (8) (c) of the statutes is amended to read:

AB244,5,17 767.11 (8) (c) The initial session under par. (a) shall be a screening and evaluation mediation session to determine whether mediation is appropriate and whether both parties wish to continue in mediation. At the initial session, the mediator shall review with the parties the nonfinancial provisions that must be included in the parenting plan under s. 767.24 (1m).

Note: Section 8 requires the mediator to review with the parties at the initial session of mediation the nonfinancial provisions that must be included in the parenting plan.

AB244, s. 9 Section 9. 767.115 (title) of the statutes is amended to read:

AB244,6,2 767.115 (title) Educational programs and classes program in actions affecting the family.

AB244, s. 10 Section 10. 767.115 (1) (a) of the statutes is renumbered 767.115 (1) (a) (intro.) and amended to read:

AB244,6,12 767.115 (1) (a) (intro.) At any time during During the pendency of an action affecting the family in which a minor child is involved and in which the court or circuit court commissioner determines that it is appropriate and in the best interest of the child, the court or circuit court commissioner, on its own motion, may shall order the parties to attend a program, specified by the court or circuit court commissioner concerning the effects on a child of a dissolution of the marriage., that provides instruction on or training in any of the following that the court or circuit court commissioner determines is appropriate in the particular case:

AB244, s. 11 Section 11. 767.115 (1) (a) 1. of the statutes is created to read:

AB244,6,14 767.115 (1) (a) 1. The effects of divorce on a child.

AB244, s. 12 Section 12. 767.115 (1) (a) 2. of the statutes is created to read:

AB244,6,16 767.115 (1) (a) 2. Working together in the best interest of the child.

AB244, s. 13 Section 13. 767.115 (1) (a) 3. of the statutes is created to read:

AB244,6,18 767.115 (1) (a) 3. Parenting or coparenting skills or both.

AB244, s. 14 Section 14. 767.115 (1) (a) 4. of the statutes is created to read:

AB244,6,21 767.115 (1) (a) 4. The consequences of stipulating to a custody and placement arrangement and of resolution of disputes by the court.

AB244, s. 15 Section 15. 767.115 (1) (a) 5. of the statutes is created to read:

AB244,6,23 767.115 (1) (a) 5. Available mediation under s. 767.11.

AB244, s. 16 Section 16. 767.115 (1) (a) 6. of the statutes is created to read:

AB244,6,25 767.115 (1) (a) 6. The provisions of s. 767.24.

AB244, s. 17 Section 17. 767.115 (1) (a) 7. of the statutes is created to read:

AB244,7,3 767.115 (1) (a) 7. The provisions of s. 767.045 and the duties and responsibilities of a guardian ad litem in representing the best interest of a child.

AB244, s. 18 Section 18. 767.115 (1) (a) 8. of the statutes is created to read:

AB244,7,6 767.115 (1) (a) 8. The potential costs of an action affecting the family, including all of the following:

AB244,7,7 a. The cost of representation by an attorney.

AB244,7,8 b. Mediation fees.

AB244,7,9 c. Legal custody and physical placement study fees under s. 814.615.

AB244,7,11 d. Guardian ad litem fees and expenses and fees and expenses ordered under s. 767.045 (6) of any expert witness used to assist the guardian ad litem.

AB244,7,13 e. The costs of mental or physical examinations of a party under s. 804.10, if applicable, including the costs for preparing a written report or court testimony.

AB244,7,14 f. Any other costs, fees, or expenses that may be incurred during litigation.

AB244, s. 19 Section 19. 767.115 (1) (b) of the statutes is repealed.

Note: Under current law, at any time when an action affecting the family in which a minor child is involved is pending, and in which the court or CCC determines that it is appropriate and in the best interests of the child, the court or CCC may order the parties to attend a program concerning the effects on a child of a dissolution of the marriage.

Sections 9 to 19 require the court or CCC to order the parties to an action affecting the family in which a minor child is involved to attend a program that provides instruction on or training in any of the following that the court or CCC determines is appropriate in the particular case:

a. The effects of divorce on a child.

b. Working together in the best interest of the child.

c. Parenting or coparenting skills, or both.

d. The consequences of stipulating to a custody and placement arrangement and of resolution of disputes by the court.

e. Available mediation under s. 767.11, stats.

f. Current law relating to child custody and physical placement.

g. Current law relating to GALs and the duties and responsibilities of a GAL in representing the best interest of a child.

h. The potential costs of an action affecting the family, including: representation by an attorney; mediation fees; custody and physical placement study fees; fees and expenses of a GAL and any expert witness ordered to assist the GAL; the costs of mental or physical examinations of a party; and any other costs, fees, or expenses that may be incurred during litigation.

AB244, s. 20 Section 20. 767.115 (1) (bm) of the statutes is created to read:

AB244,8,10 767.115 (1) (bm) In the discretion of the court or circuit court commissioner, the parties may not be required to attend a program under par. (a) or may be required to attend separate sessions of the program if the court or circuit court commissioner finds that attending such a program or attending such a program with the other party would cause undue hardship or endanger the health or safety of one of the parties. In making a determination of whether attending a program under par. (a) or attending the program with the other party would endanger the health or safety of one of the parties, the court or circuit court commissioner shall consider the following:

AB244,8,12 1. Evidence that a party engaged in abuse, as defined in s. 813.122 (1) (a), of the child, as defined in s. 48.02 (2).

AB244,8,14 2. Evidence of interspousal battery, as described under s. 940.19 or 940.20 (1m), or domestic abuse, as defined in s. 813.12 (1) (am).

AB244,8,16 3. Evidence that either party has a significant problem with alcohol or other drug abuse.

AB244,8,19 4. Any other evidence indicating that a party's health or safety will be endangered by attending a program or by attending the program with the other party.

Note: Under Section 20, the parties to an action affecting the family may not be required to attend the parent education program or may be required to attend separate sessions of the program if the court or CCC finds that attending such a program or attending such a program with the other party would cause undue hardship or endanger the health or safety of one of the parties. In making this determination, the court or CCC must consider evidence that a party engaged in child abuse; evidence of spousal battery or domestic abuse; evidence that either party has a significant problem with alcohol or other drug abuse; or any other evidence that a party's health or safety will be endangered by attending a program or by attending the program with the other party.

AB244, s. 21 Section 21. 767.115 (1m) of the statutes is amended to read:

AB244,9,8 767.115 (1m) A program under sub. (1) (a) shall be educational rather than therapeutic in nature and may not exceed a total of shall include at least 4 hours in length of instruction or training. The parties shall be responsible for the cost, if any, of attendance at the program. The court or circuit court commissioner may specifically assign responsibility for payment of any cost. No facts or information obtained in the course of the program, and no report resulting from the program, is admissible in any action or proceeding.

Note: Under current law, the parent education program may not exceed four hours in length. Section 21 amends current law to provide that the program must include at least four hours of instruction or training.

AB244, s. 22 Section 22. 767.115 (2) of the statutes is renumbered 767.115 (2) (a) and amended to read:

AB244,9,15 767.115 (2) (a) Notwithstanding s. 767.07 Except as provided in par. (b), the court or circuit court commissioner may require the parties to an action affecting the family in which a minor child is involved to attend a program under sub. (1) (a) as a condition to the granting of a final judgment or order in the action affecting the family that is pending before the court or circuit court commissioner.

AB244, s. 23 Section 23. 767.115 (2) (b) of the statutes is created to read:

AB244,9,21 767.115 (2) (b) If the parties were not ordered to attend a program under sub. (1) (a) because the court or circuit court commissioner found under sub. (1) (bm) that attending would cause undue hardship or endanger the health or safety of one of the parties, the court or circuit court commissioner may not condition the granting of the final judgment or order in the action affecting the family on attending a program.

Note: Under Sections 22 and 23, a court or CCC may require the parties to an action affecting the family in which a minor child is involved to attend a parent education program as a condition to the granting of a final judgment unless the parties were not ordered to attend a parent education program.

AB244, s. 24 Section 24. 767.115 (2) (c) of the statutes is created to read:

AB244,10,4 767.115 (2) (c) The court or circuit court commissioner may refuse to hear a custody or physical placement motion of a party who refuses to attend a program ordered under sub. (1) (a).