SB560, s. 34 21Section 34. 48.977 (4) (i) of the statutes is amended to read:
SB560,42,2422 48.977 (4) (i) Effect of disposition on permanency plan review process. After a
23disposition under par. (h), the child's permanency plan shall continue to be reviewed
24under s. 48.38 (5) or 938.38 (5), if applicable required under s. 48.38 (2) or 938.38 (2).
SB560, s. 35 25Section 35. 48.977 (6) (c) of the statutes is amended to read:
SB560,43,7
148.977 (6) (c) If a hearing is to be held, the court person requesting or proposing
2the revision
shall notify the persons entitled to receive notice under sub. (4) (c) at
3least 7 days prior to the hearing of the date, place and purpose of the hearing. A copy
4of the request or proposal shall be attached to the notice. The court may order a
5revision if, at the hearing, the court finds that it has been proved by clear and
6convincing evidence that there has been a substantial change in circumstances and
7if the court determines that a revision would be in the best interests of the child.
SB560, s. 36 8Section 36. 48.977 (7) (b) 3. of the statutes is amended to read:
SB560,43,179 48.977 (7) (b) 3. If a hearing is to be held, the court person requesting or
10proposing the removal
shall notify the persons entitled to receive notice under sub.
11(4) (c) at least 7 days prior to the hearing of the date, place and purpose of the hearing.
12A copy of the request or court proposal shall be attached to the notice. The court shall
13remove the guardian for cause if, at the hearing, the court finds that it has been
14proved by clear and convincing evidence that the guardian is or has been neglecting,
15is or has been refusing or is or has been unable to discharge the guardian's trust and
16if the court determines that removal of the guardian would be in the best interests
17of the child.
SB560, s. 37 18Section 37. 48.977 (7) (d) 3. of the statutes is amended to read:
SB560,44,219 48.977 (7) (d) 3. If a hearing is to be held, the court parent requesting the
20termination
shall notify the persons entitled to receive notice under sub. (4) (c) at
21least 7 days prior to the hearing of the date, place and purpose of the hearing. A copy
22of the request shall be attached to the notice. The court shall terminate the
23guardianship if, at the hearing, the court finds that it has been proved by clear and
24convincing evidence that there has been a substantial change in circumstances since
25the last order affecting the guardianship was entered and the parent is willing and

1able to carry out the duties of a guardian and if the court determines that termination
2of the guardianship would be in the best interests of the child.
SB560, s. 38 3Section 38. 48.977 (8) of the statutes is amended to read:
SB560,44,64 48.977 (8) Relationship to ch. 54 and ch. 880, 2003 stats other guardianship
5procedures
. (a) This section does not abridge the duties or authority of a guardian
6appointed under s. 48.976, ch. 54, 2009 stats., or ch. 880, 2003 stats.
SB560,44,87 (b) Nothing in this section prohibits an individual from petitioning a court
8under ch. 54 s. 48.976 for appointment of a guardian.
SB560, s. 39 9Section 39. 48.978 (2) (a) 1. of the statutes is amended to read:
SB560,44,1810 48.978 (2) (a) 1. A parent who has legal custody of a child may file a petition
11for the judicial appointment of a standby guardian of the person or estate or both of
12the child under this subsection. A parent may include in the petition the nomination
13of an alternate standby guardian for the court to appoint if the person nominated as
14standby guardian is unfit, unwilling, or unable to serve as the child's guardian or if
15the court determines that appointment of the person nominated as standby guardian
16as the child's guardian is not in the best interests of the child. Subject to subds. 2.
17and 3., if a petition is filed under this subdivision, the petition shall be joined by each
18parent who has legal custody of the child.
SB560, s. 40 19Section 40. 48.978 (2) (a) 2. of the statutes is amended to read:
SB560,44,2420 48.978 (2) (a) 2. If a parent who has legal custody of a child cannot with
21reasonable diligence locate the other parent who has legal custody of the child, the
22parent may file a petition under subd. 1. without the that other parent joining in the
23petition and, if the parent filing the petition submits proof satisfactory to the court
24of that reasonable diligence, the court may grant the petition.
SB560, s. 41 25Section 41. 48.978 (2) (a) 3. of the statutes is amended to read:
SB560,45,7
148.978 (2) (a) 3. If a parent who has legal custody of a child can locate the other
2parent who has legal custody of the child, but that other parent refuses fails to join
3in the petition or indicates to indicate that he or she is unwilling or unable fit, willing,
4and able
to exercise the duty and authority of guardianship, the parent may file a
5petition under subd. 1. without the that other parent joining in the petition and, if
6the parent filing the petition submits proof satisfactory to the court of that refusal,
7unwillingness or inability
failure, the court may grant the petition.
SB560, s. 42 8Section 42. 48.978 (2) (b) 6. of the statutes is amended to read:
SB560,45,139 48.978 (2) (b) 6. A statement that the petitioner has a physical or mental
10impairment or a physical illness, disease, or injury and that
that there is a significant
11risk that the petitioner will become incapacitated or debilitated or die, as applicable,
12within 2 years after the date on which the petition is filed as a result of that
13impairment, illness, disease, or injury
and the factual basis for that statement.
SB560, s. 43 14Section 43. 48.978 (2) (b) 7. of the statutes is amended to read:
SB560,45,1915 48.978 (2) (b) 7. If a parent of the child cannot with reasonable diligence locate
16the other parent of the child, a statement that the child has no parent, other than the
17petitioner, who is fit, willing, and able to exercise the duties and authority of
18guardianship and who, with reasonable diligence, can be located and a statement of
19the efforts made to locate the other parent.
SB560, s. 44 20Section 44. 48.978 (2) (b) 8. of the statutes is amended to read:
SB560,46,421 48.978 (2) (b) 8. If a parent of the child can locate the other parent who has legal
22custody
of the child, but that other parent refuses fails to join in the petition or
23indicates to indicate that he or she is unwilling or unable fit, willing, and able to
24exercise the duty and authority of guardianship, a statement that the child has no
25parent, other than the petitioner, who is fit, willing , and able to exercise the duty and

1authority of guardianship and a statement that the nonpetitioning parent has
2refused
has failed to join in the petition or has indicated to indicate that he or she
3is unwilling or unable fit, willing, and able to exercise the duty and authority of
4guardianship.
SB560, s. 45 5Section 45. 48.978 (2) (b) 10. of the statutes is amended to read:
SB560,46,86 48.978 (2) (b) 10. A statement of whether the proceedings are subject to the
7Uniform Child Custody Jurisdiction and Enforcement Act
The information required
8under ch. 822 s. 822.29 (1).
SB560, s. 46 9Section 46. 48.978 (2) (b) 11. of the statutes is amended to read:
SB560,46,1310 48.978 (2) (b) 11. A statement of whether the child may be subject to s. 48.028
11or
the federal Indian Child Welfare Act, 25 USC 1901 to 1963, and, if the child may
12be subject to s. 48.028 or that act, the names and addresses of the child's Indian
13custodian, if any, and Indian tribe, if known.
SB560, s. 47 14Section 47. 48.978 (2) (d) 1m. of the statutes is created to read:
SB560,46,1715 48.978 (2) (d) 1m. If a man who has been given notice under par. (c) 1. appears
16at the hearing, alleges that he is the father of the child, and states that he wishes to
17establish the paternity of the child, s. 48.299 (6) applies.
SB560, s. 48 18Section 48. 48.978 (2) (e) 1. of the statutes is amended to read:
SB560,46,2319 48.978 (2) (e) 1. Whether the petitioner has a physical or mental impairment
20or a physical illness, disease, or injury and
there is a significant risk that the
21petitioner will become incapacitated or debilitated or die within 2 years after the date
22on which the petition was filed
as a result of that impairment, illness, disease, or
23injury
.
SB560, s. 49 24Section 49. 48.978 (2) (e) 2. of the statutes is amended to read:
SB560,47,2
148.978 (2) (e) 2. Whether the child has any parent, other than the petitioner,
2who is fit, willing, and able to exercise the duty and authority of guardianship.
SB560, s. 50 3Section 50. 48.978 (2) (e) 4. of the statutes is repealed.
SB560, s. 51 4Section 51. 48.978 (2) (f) 1. of the statutes is amended to read:
SB560,47,85 48.978 (2) (f) 1. That the petitioner has a physical or mental impairment or a
6physical illness, disease, or injury and
there is a significant risk that the petitioner
7will become incapacitated or debilitated or die within 2 years after the date on which
8the petition was filed
as a result of that impairment, illness, disease, or injury.
SB560, s. 52 9Section 52. 48.978 (2) (f) 2. of the statutes is amended to read:
SB560,47,1110 48.978 (2) (f) 2. That the child has no parent, other than the petitioner, who is
11fit, willing, and able to exercise the duty and authority of guardianship.
SB560, s. 53 12Section 53. 48.978 (2) (f) 4. of the statutes is repealed.
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:
SB560,48,66 1. I die.
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:
Loading...
Loading...