SB706: Bill Text

SB706, s. 42 Section 42. 55.03 (1) of the statutes is amended to read:

SB706,42,4 55.03 (1) Agency as both guardian and provider prohibited. No agency acting as a guardian appointed under s. 48.976, ch. 880, 2003 stats., or ch. 54, 2007 stats., may be a provider of protective services or protective placement for its ward under this chapter.

SB706, s. 43 Section 43. 55.10 (4) (intro.) of the statutes is amended to read:

SB706,42,11 55.10 (4) Rights. (intro.) Sections 54.42, 54.44, and 54.46 and the following provisions apply to all hearings under this chapter involving protective placement or protective services for an adult, and s. 48.976 and the following provisions apply to all hearings under this chapter involving protective placement or protective services for a minor, except transfers of placement under s. 55.15 and summary hearings under ss. 55.18 (3) (d) and 55.19 (3) (d):

SB706, s. 44 Section 44. 55.10 (4) (a) of the statutes is amended to read:

SB706,43,2 55.10 (4) (a) Counsel. The individual sought to be protected has the right to counsel whether or not the individual is present at the hearing on the petition. The court shall require representation by full legal counsel whenever the petition alleges that the individual is not competent to refuse psychotropic medication under s. 55.14, the individual sought to be protected requested such representation at least 72 hours before the hearing, the guardian ad litem or any other person states that the individual sought to be protected is opposed to the petition, or the court determines that the interests of justice require it. If the individual sought to be protected or any other person on his or her behalf requests but is unable to obtain legal counsel, the court shall refer the individual to the state public defender as provided under s. 55.105 for appointment of legal counsel. If the individual sought to be protected is represented by counsel appointed under s. 977.08 in a proceeding for the appointment of a guardian under s. 48.976 or ch. 54, the court shall order the counsel appointed under s. 977.08 to represent under this section the individual sought to be protected.

SB706, s. 45 Section 45. 115.76 (12) (b) 2. of the statutes is amended to read:

SB706,43,7 115.76 (12) (b) 2. The state, a county, or a child welfare agency, if a child was made a ward of the state, county, or child welfare agency under ch. 54, 2007 stats., or ch. 880, 2003 stats., or if a child has been placed in the legal custody or guardianship of the state, county, or child welfare agency under ch. 48 or ch. 767.

SB706, s. 46 Section 46. 146.82 (2) (a) 9. a. of the statutes is amended to read:

SB706,43,13 146.82 (2) (a) 9. a. In this subdivision, "abuse" has the meaning given in s. 51.62 (1) (ag); "neglect" has the meaning given in s. 51.62 (1) (br); and "parent" has the meaning given in s. 48.02 (13), except that "parent" does not include the parent of a minor whose custody is transferred to a legal custodian, as defined in s. 48.02 (11), or for whom a guardian is appointed under s. 48.976 or 54.10 or s. 880.33, 2003 stats.

SB706, s. 47 Section 47. 146.82 (2) (a) 9. c. of the statutes is amended to read:

SB706,44,5 146.82 (2) (a) 9. c. If the patient, regardless of age, has a guardian appointed under s. 48.976 or 54.10 or s. 880.33, 2003 stats., or if the patient is a minor with developmental disability, as defined in s. 51.01 (5) (a), who has a parent or has a guardian appointed under s. 48.831 and does not have a guardian appointed under s. 48.976 or 54.10 or s. 880.33, 2003 stats., information concerning the patient that is obtainable by staff members of the agency or nonprofit corporation with which the agency has contracted is limited, except as provided in subd. 9. e., to the nature of an alleged rights violation, if any; the name, birth date and county of residence of the patient; information regarding whether the patient was voluntarily admitted, involuntarily committed or protectively placed and the date and place of admission, placement or commitment; and the name, address and telephone number of the guardian of the patient and the date and place of the guardian's appointment or, if the patient is a minor with developmental disability who has a parent or has a guardian appointed under s. 48.831 and does not have a guardian appointed under s. 48.976 or 54.10 or s. 880.33, 2003 stats., the name, address and telephone number of the parent or guardian appointed under s. 48.831 of the patient.

SB706, s. 48 Section 48. 214.37 (4) (k) 1. of the statutes is amended to read:

SB706,44,12 214.37 (4) (k) 1. An affidavit stating that the person has standing under s. 867.01 (3) (ac) or 867.02 (2) (ac) to petition for summary settlement or assignment of a decedent's estate or that the person is an heir of the decedent, or was guardian, as defined in s. 54.01 (10) or s. 880.01 (3), 2003 stats., of the estate of the decedent at the time of the decedent's death, and may obtain transfer of property of a decedent under s. 867.03.

SB706, s. 49 Section 49. 215.26 (8) (e) 1. of the statutes is amended to read:

SB706,44,19 215.26 (8) (e) 1. Submits an affidavit stating that the person has standing under s. 867.01 (3) (ac) or 867.02 (2) (ac) to petition for summary settlement or assignment of a decedent's estate or that the person is an heir of the decedent, or was guardian, as defined in s. 54.01 (10) or s. 880.01 (3), 2003 stats., of the estate of the decedent at the time of the decedent's death, and may obtain transfer of property of a decedent under s. 867.03; and

SB706, s. 50 Section 50. 757.69 (1m) (e) of the statutes is amended to read:

SB706,44,22 757.69 (1m) (e) Conduct hearings, make findings, or issue orders in proceedings under s. 48.976, 48.977, or 48.978.

SB706, s. 51 Section 51. 808.075 (4) (a) 9m. of the statutes is created to read:

SB706,44,24 808.075 (4) (a) 9m. Review of the conduct of a guardian under s. 48.976 (9).

SB706, s. 52 Section 52. 808.075 (4) (a) 11. of the statutes is amended to read:

SB706,45,2 808.075 (4) (a) 11. Termination of guardianship under s. 48.976 (10) or 48.977 (7), including removal of a guardian.

SB706, s. 53 Section 53. 808.075 (4) (a) 13. of the statutes is created to read:

SB706,45,4 808.075 (4) (a) 13. Appointment of a successor guardian under s. 48.976 (7).

SB706, s. 54 Section 54. 808.075 (4) (f) 3. of the statutes is renumbered 808.075 (4) (a) 14. and amended to read:

SB706,45,7 808.075 (4) (a) 14. Order for visitation under s. 54.56 48.976 (11).

SB706, s. 55 Section 55. 814.66 (1) (m) of the statutes is amended to read:

SB706,45,11 814.66 (1) (m) For filing a petition under s. 54.56 48.976 (11), whether in a guardianship or temporary guardianship proceeding or to commence an independent action, $60.

SB706, s. 56 Section 56. 938.02 (8) of the statutes is amended to read:

SB706,45,14 938.02 (8) "Guardian" means the person named by the court having the duty and authority of guardianship guardian of the person of a juvenile.

SB706, s. 57 Section 57. 938.255 (1) (cm) of the statutes, as affected by 2009 Wisconsin Act 94, is amended to read:

SB706,45,21 938.255 (1) (cm) If the petition is initiating proceedings under s. 938.13 (4), (6), (6m), or (7), whether the juvenile may be subject to s. 938.028 or the federal Indian Child Welfare Act, 25 USC 1901 to 1963, and, if the juvenile may be subject to s. 938.028 or that act, the names and addresses of the juvenile's Indian custodian, if any, and Indian tribe, if known.

SB706, s. 58 Section 58. 938.34 (3) (a) of the statutes is amended to read:

SB706,46,5 938.34 (3) (a) The home of a parent or , other relative, or guardian of the juvenile, except that the court may not designate the home of a parent or, other relative, or guardian of the juvenile as the juvenile's placement if the parent or, other relative, or guardian has been convicted of the homicide of a parent of the juvenile under s. 940.01 or 940.05, and the conviction has not been reversed, set aside, or vacated, unless the court determines by clear and convincing evidence that the placement would be in the best interests of the juvenile. The court shall consider the wishes of the juvenile in making that determination.

SB706, s. 59 Section 59. 938.34 (3) (c) of the statutes is amended to read:

SB706,46,9 938.34 (3) (c) A foster home or treatment foster home licensed under s. 48.62 or, a group home licensed under s. 48.625 , or the home of a guardian under s. 48.977 (2).

SB706, s. 60 Section 60. 938.34 (3) (c) of the statutes, as affected by 2009 Wisconsin Acts 28 and .... (this act), is repealed and recreated to read:

SB706,46,13 938.34 (3) (c) A foster home licensed under s. 48.62, a group home licensed under s. 48.625, or the home of a guardian under s. 48.977 (2).

SB706, s. 61 Section 61. 938.345 (1) (e) of the statutes is amended to read:

SB706,46,18 938.345 (1) (e) Place any juvenile not found under ch. 880, 2003 stats., or ch. 46, 48, 49, 51, 54, or 115 to have a developmental disability or a mental illness or to be a child with a disability, as defined in s. 115.76 (5), in a facility that exclusively treats one or more of those categories of juveniles.

SB706, s. 62 Section 62. 938.345 (4) of the statutes is repealed.

SB706, s. 63 Section 63. 938.355 (6) (an) 1. of the statutes, as affected by 2009 Wisconsin Act 94, is amended to read:

SB706,47,11 938.355 (6) (an) 1. If a juvenile who has violated a municipal ordinance, other than an ordinance enacted under s. 118.163 (1m) or (2), violates a condition of a dispositional order imposed by the municipal court, the municipal court may petition the court assigned to exercise jurisdiction under this chapter and ch. 48 to impose on the juvenile the sanction under par. (d) 1. or the sanction under par. (d) 3., with monitoring by an electronic monitoring system. A sanction may be imposed under this subdivision only if, at the time of the judgment, the municipal court explained the conditions to the juvenile and informed the juvenile of those possible sanctions for a violation or if before the violation the juvenile has acknowledged in writing that he or she has read, or has had read to him or her, those conditions and possible sanctions and that he or she understands those conditions and possible sanctions. The petition shall contain a statement of whether the juvenile may be subject to s. 938.028 or the federal Indian Child Welfare Act, 25 USC 1901 to 1963, and, if the juvenile may be subject to s. 938.028 or that act, the names and addresses of the juvenile's Indian custodian, if any, and tribe, if known.

SB706, s. 64 Section 64. 938.355 (6) (b) of the statutes, as affected by 2009 Wisconsin Act 94, is amended to read:

SB706,47,24 938.355 (6) (b) Motion to impose sanction. A motion for imposition of a sanction may be brought by the person or agency primarily responsible for the provision of dispositional services, the district attorney or corporation counsel, or the court that entered the dispositional order. If the court initiates the motion, that court is disqualified from holding a hearing on the motion. Notice of the motion shall be given to the juvenile, guardian ad litem, counsel, parent, guardian, legal custodian, and all parties present at the original dispositional hearing. The motion shall contain a statement of whether the juvenile may be subject to s. 938.028 or the federal Indian Child Welfare Act, 25 USC 1901 to 1963 and, if the juvenile may be subject to s. 938.028 or that act, the names and addresses of the juvenile's Indian custodian, if any, and tribe, if known.

SB706, s. 65 Section 65. 938.355 (6m) (am) 1. of the statutes, as affected by 2009 Wisconsin Act 94, is amended to read:

SB706,48,16 938.355 (6m) (am) 1. If a juvenile who has violated a municipal ordinance enacted under s. 118.163 (2) violates a condition of a dispositional order imposed by the municipal court, the municipal court may petition the court assigned to exercise jurisdiction under this chapter and ch. 48 to impose on the juvenile the sanction specified in par. (a) 1g. A sanction may be imposed under this subdivision only if, at the time of the judgment the municipal court explained the conditions to the juvenile and informed the juvenile of that possible sanction or if before the violation the juvenile has acknowledged in writing that he or she has read, or has had read to him or her, those conditions and that possible sanction and that he or she understands those conditions and that possible sanction. The petition shall contain a statement of whether the juvenile may be subject to s. 938.028 or the federal Indian Child Welfare Act, 25 USC 1901 to 1963, and, if the juvenile may be subject to s. 938.028 or that act, the names and addresses of the juvenile's Indian custodian, if any, and tribe, if known.

SB706, s. 66 Section 66. Nonstatutory provisions.

SB706,49,4 (1) Transition. Notwithstanding the treatment of sections 54.01 (10) and 54.10 (1) of the statutes by this act, all guardianships of the person of a minor under section 54.10, 2007 stats., or chapter 880, 2003 stats., in effect immediately before the effective date of this subsection remain in effect and shall be considered guardianships under section 48.976 of the statutes, as created by this act, until terminated by court order under section 48.976 (10) of the statutes, as created by this act, all matters commenced under ch. 54, 2007 stats., with respect to a guardianship of the person of a minor that are pending on the effective date of this subsection shall be completed under ch. 54, 2007 stats., and all orders appointing a guardian of the person of a minor under ch. 54, 2007 stats., entered beginning on the effective date of this subsection shall be considered guardianships under section 48.976 of the statutes, as created by this act.

SB706, s. 67 Section 67. Initial applicability.

SB706,49,8 (1) Petitions for guardianship. Except as provided in subsection (2 ), this act first applies to a petition for full, limited, temporary, emergency, standby, or successor guardianship filed on the effective date of this subsection.

SB706,49,11 (2) Duties and authority of guardian of the person. The treatment of sections 48.023 (intro.), (3), and (4) and 48.976 (2) (c) 5. of the statutes first applies to a guardianship of the person of a minor in effect on the effective date of this subsection.

SB706, s. 68 Section 68. Effective dates. This act takes effect on the first day of the 6th month beginning after publication, except as follows:

SB706,49,17 (1) Treatment foster homes. The repeal and recreation of sections 48.62 (2) and 938.34 (3) (c) of the statutes takes effect on the date stated in the notice provided by the secretary of children and families and published in the Wisconsin Administrative Register under section 48.62 (9) of the statutes.

SB706,49,18 (End)