SB560: Bill Text

SB560,38,10 (10) Termination of guardianship. (a) Term of guardianship. A guardianship under this section shall continue until the child attains the age of 18 years unless any of the following occurs:

SB560,38,11 1. The guardianship is for a lesser period of time and that time has expired.

SB560,38,12 2. The child marries.

SB560,38,13 3. The child dies.

SB560,38,15 4. The child's residence changes from this state to another state and a guardian is appointed in the new state of residence.

SB560,38,17 5. The guardian dies, or resigns and the resignation is accepted by the court, and a successor guardian is not appointed.

SB560,38,19 6. The guardian is removed for cause under sub. (9) (d) 1. and a successor guardian is not appointed.

SB560,38,21 7. The court terminates the guardianship on the request of a parent of the child under par. (b).

SB560,39,3 (b) Termination on request of parent. 1. A parent of the child may file a petition requesting that a guardianship order entered under sub. (3) (f) 2. (4), (5), or (7) be terminated. The petition 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 fit, willing, and able to carry out the duties of a guardian, and that termination of the guardianship would be in the best interests of the child.

SB560,39,6 2. The court shall hold a hearing on the petition unless written waivers of objections to termination of the guardianship are signed by all interested persons and the court approves the waivers.

SB560,39,17 3. If a hearing is to be held, by no less than 7 days before the date of the hearing the parent requesting the termination shall provide notice of the hearing to the child, the child's other parent, the guardian, and any other persons required by the court. A copy of the request or proposal shall be attached to the notice. The court shall terminate the guardianship if the court finds that the parent has proved by clear and convincing evidence that he or she has remedied the unfitness, unwillingness, or inability to provide for the care, custody, and control of the child or other compelling facts and circumstances on which the guardianship was granted and that he or she is now fit, willing, and able to carry out the duties of a guardian and the court determines that termination of the guardianship would be in the best interests of the child.

SB560, s. 26 Section 26. 48.977 (2) (a) of the statutes is amended to read:

SB560,40,3 48.977 (2) (a) That the child has been adjudged to be in need of protection or services under s. 48.13 (1), (2), (3), (3m), (4), (4m), (5), (8), (9), (10), (10m), (11), or (11m) or 938.13 (4), or has been adjudged delinquent under s. 938.12, 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, 48.365, 938.34, 938.345, 938.357, 938.363, or 938.365 or, that the child has been so adjudged and placement of the child in the home of a guardian under this section has been recommended under s. 48.33 (1) or 938.33 (1), or that the child has had a guardian of the person appointed for him or her under ch. 54, 2009 stats., or ch. 880, 2003 stats., and is placed in the home of the guardian.

SB560, s. 27 Section 27. 48.977 (2) (e) of the statutes is amended to read:

SB560,40,9 48.977 (2) (e) That the child's parent is neglecting, refusing, or unable to carry out the duties of a guardian or is not meeting the conditions established in the court order described in par. (a) for the safe return of the child to the home or, if the child has 2 parents, both parents are neglecting, refusing or unable to carry out the duties of a guardian those duties or are not meeting those conditions.

SB560, s. 28 Section 28. 48.977 (2) (f) of the statutes is amended to read:

SB560,41,7 48.977 (2) (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, while assuring that the child's health and safety are the paramount concerns, 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 or that the agency primarily responsible for providing services to the child under a court order has made reasonable efforts to prevent the removal of the child from his or her home, while assuring the child's health and safety, but that continued placement of the child in the home would be contrary to the welfare of the child, except that the court is not required to find that the agency has made those reasonable efforts with respect to a parent of the child if any of the circumstances specified in s. 48.355 (2d) (b) 1. to 5. applies to that parent. The court shall make the findings specified in this paragraph on a case-by-case basis based on circumstances specific to the child and shall document or reference the specific information on which those findings are based in the guardianship order. A guardianship order that merely references this paragraph without documenting or referencing that specific information in the order or an amended guardianship order that retroactively corrects an earlier guardianship order that does not comply with this paragraph is not sufficient to comply with this paragraph. This paragraph does not apply to a child who is placed in the home of a guardian under ch. 54, 2009 stats., or ch. 880, 2003 stats., and who is not receiving services from an agency under a court order.

SB560, s. 29 Section 29. 48.977 (4) (b) 3. of the statutes is amended to read:

SB560,41,19 48.977 (4) (b) 3. The date on which the child was adjudged in need of protection or services under s. 48.13 (1), (2), (3), (3m), (4), (4m), (5), (8), (9), (10), (10m), (11), or (11m) or 938.13 (4), or was adjudicated delinquent under s. 938.12, and the dates on which 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, 48.365, 938.34, 938.345, 938.357, 938.363, or 938.365; or, if the child has been so adjudged, but not so placed, the date of the report under s. 48.33 (1) or 938.33 (1) in which placement of the child in the home of the person is recommended; or, if the child has had a guardian of the person appointed for him or her under ch. 54, 2009 stats., or ch. 880, 2003 stats., the date on which the child was placed in the home of the guardian.

SB560, s. 30 Section 30. 48.977 (4) (b) 5. of the statutes is amended to read:

SB560,41,23 48.977 (4) (b) 5. A statement of whether the proceedings are subject to the Uniform Child Custody Jurisdiction and Enforcement Act The information required under ch. 822 s. 822.29 (1).

SB560, s. 31 Section 31. 48.977 (4) (b) 6. of the statutes is amended to read:

SB560,42,4 48.977 (4) (b) 6. A statement of whether the child may be subject to s. 48.028 or the federal Indian Child Welfare Act, 25 USC 1901 to 1963, and, if the child may be subject to s. 48.028 or that act, the names and addresses of the child's Indian custodian, if any, and Indian tribe, if known.

SB560, s. 32 Section 32. 48.977 (4) (c) 2. of the statutes is amended to read:

SB560,42,16 48.977 (4) (c) 2. Except as provided in subd. 2m., 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. Service is considered to be made by proof that the petition and notice under subd. 1. were mailed to the last-known address of the recipient, by proof of personal delivery of that petition and notice, or, if the recipient is an adult, by the written admission of service of the person served.

SB560, s. 33 Section 33. 48.977 (4) (cm) 1m. of the statutes is created to read:

SB560,42,20 48.977 (4) (cm) 1m. If a man who has been given notice under par. (c) 1. appears at the hearing, alleges that he is the father of the child, and states that he wishes to establish the paternity of the child, s. 48.299 (6) applies.

SB560, s. 34 Section 34. 48.977 (4) (i) of the statutes is amended to read:

SB560,42,24 48.977 (4) (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) or 938.38 (5), if applicable required under s. 48.38 (2) or 938.38 (2).

SB560, s. 35 Section 35. 48.977 (6) (c) of the statutes is amended to read:

SB560,43,7 48.977 (6) (c) If a hearing is to be held, the court person requesting or proposing the revision 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.

SB560, s. 36 Section 36. 48.977 (7) (b) 3. of the statutes is amended to read:

SB560,43,17 48.977 (7) (b) 3. If a hearing is to be held, the court person requesting or proposing the removal 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.

SB560, s. 37 Section 37. 48.977 (7) (d) 3. of the statutes is amended to read:

SB560,44,2 48.977 (7) (d) 3. If a hearing is to be held, the court parent requesting the termination 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.

SB560, s. 38 Section 38. 48.977 (8) of the statutes is amended to read:

SB560,44,6 48.977 (8) Relationship to ch. 54 and ch. 880, 2003 stats other guardianship procedures. (a) This section does not abridge the duties or authority of a guardian appointed under s. 48.976, ch. 54, 2009 stats., or ch. 880, 2003 stats.

SB560,44,8 (b) Nothing in this section prohibits an individual from petitioning a court under ch. 54 s. 48.976 for appointment of a guardian.

SB560, s. 39 Section 39. 48.978 (2) (a) 1. of the statutes is amended to read:

SB560,44,18 48.978 (2) (a) 1. A parent who has legal custody of a child may file a petition for the judicial appointment of a standby guardian of the person or estate or both of the child under this subsection. A parent may include in the petition the nomination of an alternate standby guardian for the court to appoint if the person nominated as standby guardian is unfit, unwilling, or unable to serve as the child's guardian or if the court determines that appointment of the person nominated as standby guardian as the child's guardian is not in the best interests of the child. Subject to subds. 2. and 3., if a petition is filed under this subdivision, the petition shall be joined by each parent who has legal custody of the child.

SB560, s. 40 Section 40. 48.978 (2) (a) 2. of the statutes is amended to read:

SB560,44,24 48.978 (2) (a) 2. If a parent who has legal custody of a child cannot with reasonable diligence locate the other parent who has legal custody of the child, the parent may file a petition under subd. 1. without the that other parent joining in the petition and, if the parent filing the petition submits proof satisfactory to the court of that reasonable diligence, the court may grant the petition.

SB560, s. 41 Section 41. 48.978 (2) (a) 3. of the statutes is amended to read:

SB560,45,7 48.978 (2) (a) 3. If a parent who has legal custody of a child can locate the other parent who has legal custody of the child, but that other parent refuses fails to join in the petition or indicates to indicate that he or she is unwilling or unable fit, willing, and able to exercise the duty and authority of guardianship, the parent may file a petition under subd. 1. without the that other parent joining in the petition and, if the parent filing the petition submits proof satisfactory to the court of that refusal, unwillingness or inability failure, the court may grant the petition.

SB560, s. 42 Section 42. 48.978 (2) (b) 6. of the statutes is amended to read:

SB560,45,13 48.978 (2) (b) 6. A statement that the petitioner has a physical or mental impairment or a physical illness, disease, or injury and that that there is a significant risk that the petitioner will become incapacitated or debilitated or die, as applicable, within 2 years after the date on which the petition is filed as a result of that impairment, illness, disease, or injury and the factual basis for that statement.

SB560, s. 43 Section 43. 48.978 (2) (b) 7. of the statutes is amended to read:

SB560,45,19 48.978 (2) (b) 7. If a parent of the child cannot with reasonable diligence locate the other parent of the child, a statement that the child has no parent, other than the petitioner, who is fit, willing, and able to exercise the duties and authority of guardianship and who, with reasonable diligence, can be located and a statement of the efforts made to locate the other parent.

SB560, s. 44 Section 44. 48.978 (2) (b) 8. of the statutes is amended to read:

SB560,46,4 48.978 (2) (b) 8. If a parent of the child can locate the other parent who has legal custody of the child, but that other parent refuses fails to join in the petition or indicates to indicate that he or she is unwilling or unable fit, willing, and able to exercise the duty and authority of guardianship, a statement that the child has no parent, other than the petitioner, who is fit, willing , and able to exercise the duty and authority of guardianship and a statement that the nonpetitioning parent has refused has failed to join in the petition or has indicated to indicate that he or she is unwilling or unable fit, willing, and able to exercise the duty and authority of guardianship.

SB560, s. 45 Section 45. 48.978 (2) (b) 10. of the statutes is amended to read:

SB560,46,8 48.978 (2) (b) 10. A statement of whether the proceedings are subject to the Uniform Child Custody Jurisdiction and Enforcement Act The information required under ch. 822 s. 822.29 (1).

SB560, s. 46 Section 46. 48.978 (2) (b) 11. of the statutes is amended to read:

SB560,46,13 48.978 (2) (b) 11. A statement of whether the child may be subject to s. 48.028 or the federal Indian Child Welfare Act, 25 USC 1901 to 1963, and, if the child may be subject to s. 48.028 or that act, the names and addresses of the child's Indian custodian, if any, and Indian tribe, if known.

SB560, s. 47 Section 47. 48.978 (2) (d) 1m. of the statutes is created to read:

SB560,46,17 48.978 (2) (d) 1m. If a man who has been given notice under par. (c) 1. appears at the hearing, alleges that he is the father of the child, and states that he wishes to establish the paternity of the child, s. 48.299 (6) applies.

SB560, s. 48 Section 48. 48.978 (2) (e) 1. of the statutes is amended to read:

SB560,46,23 48.978 (2) (e) 1. Whether the petitioner has a physical or mental impairment or a physical illness, disease, or injury and there is a significant risk that the petitioner will become incapacitated or debilitated or die within 2 years after the date on which the petition was filed as a result of that impairment, illness, disease, or injury.

SB560, s. 49 Section 49. 48.978 (2) (e) 2. of the statutes is amended to read:

SB560,47,2 48.978 (2) (e) 2. Whether the child has any parent, other than the petitioner, who is fit, willing, and able to exercise the duty and authority of guardianship.

SB560, s. 50 Section 50. 48.978 (2) (e) 4. of the statutes is repealed.

SB560, s. 51 Section 51. 48.978 (2) (f) 1. of the statutes is amended to read:

SB560,47,8 48.978 (2) (f) 1. That the petitioner has a physical or mental impairment or a physical illness, disease, or injury and there is a significant risk that the petitioner will become incapacitated or debilitated or die within 2 years after the date on which the petition was filed as a result of that impairment, illness, disease, or injury.

SB560, s. 52 Section 52. 48.978 (2) (f) 2. of the statutes is amended to read:

SB560,47,11 48.978 (2) (f) 2. That the child has no parent, other than the petitioner, who is fit, willing, and able to exercise the duty and authority of guardianship.

SB560, s. 53 Section 53. 48.978 (2) (f) 4. of the statutes is repealed.

SB560, s. 54 Section 54. 48.978 (2) (f) 5. of the statutes is amended to read:

SB560,47,17 48.978 (2) (f) 5. That the person nominated as standby guardian is fit, willing, and able to act as standby guardian or, if that person is not so fit, willing, and able, that the person nominated as alternate standby guardian is fit, willing, and able to act as standby guardian.

SB560, s. 55 Section 55. 48.978 (3) (b) 2. of the statutes is amended to read:

SB560,47,20 48.978 (3) (b) 2. A written designation of a standby guardian complies with this subsection if the written designation substantially conforms to the following form:

SB560,47,21 Designation of standby guardian

SB560,47,24 I, .... (name and address of parent), being of sound mind, do hereby designate .... (name and address of standby guardian) as standby guardian of the person and estate of my child(ren) .... (name(s), birth date(s) and address(es) of child(ren)).

SB560,48,3 (You may, if you wish, provide that the duty and authority of the standby guardian shall extend only to the person, or only to the estate, of your child(ren), by crossing out "person and" or "and estate", whichever is inapplicable, above.)

SB560,48,5 The duty and authority of the standby guardian shall begin on one of the following events, whichever occurs first:

SB560,48,6 1. I die.

SB560,48,8 2. My doctor determines that I am mentally incapacitated, and thus unable to care for my child(ren).

SB560,48,11 3. My doctor determines that I am physically debilitated, and thus unable to care for my child(ren), and I consent in writing, before 2 witnesses, to the standby guardian's duty and authority taking effect.

SB560,48,14 If the person I designate above is unfit, unwilling , or unable to act as standby guardian for my child(ren), I hereby designate .... (name and address of alternate standby guardian) as standby guardian for my child(ren).

SB560,48,18 I also understand that the duty and authority of the standby guardian designated above will end 180 days after the day on which that duty and authority begin if the standby guardian does not petition the court within those 180 days for an order appointing him or her as standby guardian.

SB560,48,24 I understand that I retain full parental rights over my child(ren) even after the beginning of the standby guardianship, that I may revoke the standby guardianship at any time before the standby guardianship begins, that I may revoke the standby guardianship at any time after the standby guardianship begins, subject to the approval of the court, and that the standby guardianship will be suspended on my recovery or remission from my incapacity or debilitation.

SB560,48,25 Signature.... Date ....

SB560,49,1 Statement of witnesses

SB560,49,7 I declare that the person whose name appears above signed this document in my presence, or was physically unable to sign the document and asked another person 18 years of age or over to sign the document, who did so in my presence, and that I believe the person whose name appears above to be of sound mind. I further declare that I am 18 years of age or over and that I am not the person designated as standby guardian or alternate standby guardian.

SB560,49,8 Witness No. 1:

SB560,49,9 (print) Name ... Date ....

SB560,49,10 Address ....

SB560,49,11 Signature ....

SB560,49,12 Witness No. 2:

SB560,49,13 (print) Name .... Date ....