SB560, s. 81
10Section
81. 757.69 (1m) (e) of the statutes is amended to read:
SB560,59,1211
757.69
(1m) (e) Conduct hearings, make findings, or issue orders in
12proceedings under s.
48.976, 48.977
, or 48.978.
SB560, s. 82
13Section
82. 808.075 (4) (a) 9m. of the statutes is created to read:
SB560,59,1414
808.075
(4) (a) 9m. Review of the conduct of a guardian under s. 48.976 (9).
SB560, s. 83
15Section
83. 808.075 (4) (a) 11. of the statutes is amended to read:
SB560,59,1716
808.075
(4) (a) 11. Termination of guardianship under s.
48.976 (10) or 48.977
17(7), including removal of a guardian.
SB560, s. 84
18Section
84. 808.075 (4) (a) 13. of the statutes is created to read:
SB560,59,1919
808.075
(4) (a) 13. Appointment of a successor guardian under s. 48.976 (7).
SB560, s. 85
20Section
85. 808.075 (4) (f) 3. of the statutes is renumbered 808.075 (4) (a) 14.
21and amended to read:
SB560,59,2222
808.075
(4) (a) 14. Order for visitation under s.
54.56 48.976 (11).
SB560, s. 86
23Section
86. 814.66 (1) (m) of the statutes is amended to read:
SB560,60,3
1814.66
(1) (m) For filing a petition under s.
54.56 48.976 (11), whether in a
2guardianship or temporary guardianship proceeding or to commence an
3independent action, $60.
SB560, s. 87
4Section
87. 938.02 (8) of the statutes is amended to read:
SB560,60,65
938.02
(8) "Guardian" means the person named by the court having the duty
6and authority of
guardianship guardian of the person of a juvenile.
SB560, s. 88
7Section
88. 938.255 (1) (cm) of the statutes is amended to read:
SB560,60,128
938.255
(1) (cm) If the petition is initiating proceedings under s. 938.13 (4), (6),
9(6m), or (7), whether the juvenile may be subject to
s. 938.028 or the federal Indian
10Child Welfare Act,
25 USC 1901 to
1963, and, if the juvenile may be subject to
s.
11938.028 or that act, the names and addresses of the juvenile's Indian custodian, if
12any, and Indian tribe, if known.
SB560, s. 89
13Section
89. 938.34 (3) (a) of the statutes is amended to read:
SB560,60,2114
938.34
(3) (a) The home of a parent
or
, other relative
, or guardian of the
15juvenile, except that the court may not designate the home of a parent
or, other
16relative
, or guardian of the juvenile as the juvenile's placement if the parent
or, other
17relative
, or guardian has been convicted of the homicide of a parent of the juvenile
18under s. 940.01 or 940.05, and the conviction has not been reversed, set aside, or
19vacated, unless the court determines by clear and convincing evidence that the
20placement would be in the best interests of the juvenile. The court shall consider the
21wishes of the juvenile in making that determination.
SB560, s. 90
22Section
90. 938.34 (3) (c) of the statutes is amended to read:
SB560,60,2423
938.34
(3) (c) A foster home licensed under s. 48.62
or, a group home licensed
24under s. 48.625
, or the home of a guardian under s. 48.977 (2).
SB560, s. 91
25Section
91. 938.345 (1) (e) of the statutes is amended to read:
SB560,61,4
1938.345
(1) (e) Place any juvenile not found under ch. 880, 2003 stats., or ch.
246,
48, 49, 51, 54, or 115 to have a developmental disability or a mental illness or to
3be a child with a disability, as defined in s. 115.76 (5), in a facility that exclusively
4treats one or more of those categories of juveniles.
SB560, s. 92
5Section
92. 938.345 (4) of the statutes is repealed.
SB560, s. 93
6Section
93. 938.355 (6) (an) 1. of the statutes is amended to read:
SB560,61,217
938.355
(6) (an) 1. If a juvenile who has violated a municipal ordinance, other
8than an ordinance enacted under s. 118.163 (1m) or (2), violates a condition of a
9dispositional order imposed by the municipal court, the municipal court may petition
10the court assigned to exercise jurisdiction under this chapter and ch. 48 to impose
11on the juvenile the sanction under par. (d) 1. or the sanction under par. (d) 3., with
12monitoring by an electronic monitoring system. A sanction may be imposed under
13this subdivision only if, at the time of the judgment, the municipal court explained
14the conditions to the juvenile and informed the juvenile of those possible sanctions
15for a violation or if before the violation the juvenile has acknowledged in writing that
16he or she has read, or has had read to him or her, those conditions and possible
17sanctions and that he or she understands those conditions and possible sanctions.
18The petition shall contain a statement of whether the juvenile may be subject to
s.
19938.028 or the federal Indian Child Welfare Act,
25 USC 1901 to
1963, and, if the
20juvenile may be subject to
s. 938.028 or that act, the names and addresses of the
21juvenile's Indian custodian, if any, and tribe, if known.
SB560, s. 94
22Section
94. 938.355 (6) (b) of the statutes is amended to read:
SB560,62,823
938.355
(6) (b)
Motion to impose sanction. A motion for imposition of a sanction
24may be brought by the person or agency primarily responsible for the provision of
25dispositional services, the district attorney or corporation counsel, or the court that
1entered the dispositional order. If the court initiates the motion, that court is
2disqualified from holding a hearing on the motion. Notice of the motion shall be given
3to the juvenile, guardian ad litem, counsel, parent, guardian, legal custodian, and all
4parties present at the original dispositional hearing. The motion shall contain a
5statement of whether the juvenile may be subject to
s. 938.028 or the federal Indian
6Child Welfare Act,
25 USC 1901 to
1963 and, if the juvenile may be subject to
s.
7938.028 or that act, the names and addresses of the juvenile's Indian custodian, if
8any, and tribe, if known.
SB560, s. 95
9Section
95. 938.355 (6m) (am) 1. of the statutes is amended to read:
SB560,62,2310
938.355
(6m) (am) 1. If a juvenile who has violated a municipal ordinance
11enacted under s. 118.163 (2) violates a condition of a dispositional order imposed by
12the municipal court, the municipal court may petition the court assigned to exercise
13jurisdiction under this chapter and ch. 48 to impose on the juvenile the sanction
14specified in par. (a) 1g. A sanction may be imposed under this subdivision only if, at
15the time of the judgment the municipal court explained the conditions to the juvenile
16and informed the juvenile of that possible sanction or if before the violation the
17juvenile has acknowledged in writing that he or she has read, or has had read to him
18or her, those conditions and that possible sanction and that he or she understands
19those conditions and that possible sanction. The petition shall contain a statement
20of whether the juvenile may be subject to
s. 938.028 or the federal Indian Child
21Welfare Act,
25 USC 1901 to
1963, and, if the juvenile may be subject to
s. 938.028
22or that act, the names and addresses of the juvenile's Indian custodian, if any, and
23tribe, if known.
SB560,63,12
1(1)
Transition. Notwithstanding the treatment of sections 54.01 (10) and 54.10
2(1) of the statutes by this act, all guardianships of the person of a minor under section
354.10, 2009 stats., or chapter 880, 2003 stats., in effect immediately before the
4effective date of this subsection remain in effect and shall be considered
5guardianships under section 48.976 of the statutes, as created by this act, until
6terminated by court order under section 48.976 (10) of the statutes, as created by this
7act, all matters commenced under ch. 54, 2009 stats., with respect to a guardianship
8of the person of a minor that are pending on the effective date of this subsection shall
9be completed under ch. 54, 2009 stats., and all orders appointing a guardian of the
10person of a minor under ch. 54, 2009 stats., entered beginning on the effective date
11of this subsection shall be considered guardianships under section 48.976 of the
12statutes, as created by this act.
SB560,63,1614
(1)
Petitions for guardianship. Except as provided in subsection (2
), this act
15first applies to a petition for full, limited, temporary, emergency, or successor
16guardianship filed on the effective date of this subsection.
SB560,63,2017
(2)
Duties and authority of guardian of the person. The treatment of sections
1848.023 (intro.), (3), and (4) and 48.976 (2) (c) 1. and 5. of the statutes first applies to
19a guardianship of the person of a minor in effect on the effective date of this
20subsection.
SB560,63,2322
(1)
This act takes effect on the first day of the 6th month beginning after
23publication.