Under current law, a petition for the appointment of a standby guardian to
assume the duty and authority of guardianship on the incapacity, death, or
debilitation and consent, of a parent of a child must be joined by each parent of the
child who with reasonable diligence can be located. If a parent can be located, but
refuses to join in the petition or indicates that he or she is unwilling or unable to
exercise the duty and authority of guardianship, the petition may be filed without
the other parent joining in the petition.
This bill limits that joinder requirement to each parent who has legal custody
of the child, which means: 1) a parent to whom a family court has granted the right
and responsibility to make major decisions concerning the child; or 2) in the case of
a nonmarital child, the child's mother. Accordingly, under the bill, a parent who does
not have legal custody of the child is not required to join in the guardianship petition.
The bill also permits one parent who has legal custody of a child to file a guardianship
petition without the other parent joining in the petition if that other parent fails,
rather than refuses, to join in the petition or to indicate that he or she is fit, willing,
and able to exercise the duty and authority of guardianship.
In addition, under current law, before the juvenile court may appoint a person
as the standby guardian of a child, the juvenile court must make certain findings,
including a finding: 1) that there is a significant risk that the petitioner will become
incapacitated or debilitated or die within two years after the petition was filed; 2)
that, if a parent has refused to join in the petition, the refusal was unreasonable; and
3) that the person nominated as guardian is willing and able to act as standby
guardian.
This bill changes the findings that the juvenile court must make before the
juvenile court may appoint a standby guardian by: 1) eliminating the two-year
window for significant risk of incapacitation, debilitation, or death and instead
requiring the juvenile court to find that that the petitioner has a physical or mental
impairment or a physical illness, disease, or injury and that there is a significant risk
that the petitioner will become incapacitated or debilitated or die as a result of that
impairment, illness, disease, or injury; 2) eliminating altogether the finding that a

parent's refusal to join in the petition was unreasonable; and 3) requiring a finding
that a person is fit, willing, and able to act as standby guardian.
Protective placements
Finally, under current law, the juvenile court may order a protective placement,
which is a placement for the residential care and custody of an individual, for a minor
14 years of age or over who is alleged to have a developmental disability and on whose
behalf a petition for guardianship has been submitted. This bill eliminates the
requirement that a guardianship petition be submitted in order for a juvenile court
to order a protective placement for a minor 14 years of age or over who is alleged to
have a developmental disability.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB560, s. 1 1Section 1. 48.02 (8) of the statutes is amended to read:
SB560,11,32 48.02 (8) "Guardian" means the person named by the court having the duty and
3authority of guardianship guardian of the person of a child under s. 48.023.
SB560, s. 2 4Section 2. 48.023 (intro.) of the statutes is amended to read:
SB560,11,10 548.023 Guardianship. (intro.) Except as limited by an order of the court
6under s. 48.976 (2) (c) 2., 48.977 (5) (b), or 48.978 (6) (b) 2., a person appointed by the
7court to be the guardian of the person of a child under this chapter has the duty and
8authority to make important decisions in matters having a permanent effect on the
9life and development of the child and the duty to be concerned about the child's
10general welfare, including but not limited to all of the following:
SB560, s. 3 11Section 3. 48.023 (3) of the statutes is amended to read:
SB560,11,1412 48.023 (3) The right and duty of reasonable visitation of with the child and,
13subject to an order of a court of competent jurisdiction, the authority to determine
14reasonable visitation with the child
.
SB560, s. 4 15Section 4. 48.023 (4) of the statutes is amended to read:
SB560,12,6
148.023 (4) The rights and responsibilities of physical custody and legal custody,
2including the right to change the residence of the child from this state to another
3state,
except when physical custody or legal custody has been vested in another
4person or when the child is under the supervision of the department of corrections
5under s. 938.183, 938.34 (4h), (4m) or (4n), or 938.357 (4) or the supervision of a
6county department under s. 938.34 (4d) or (4n).
SB560, s. 5 7Section 5. 48.09 (5) of the statutes is amended to read:
SB560,12,138 48.09 (5) By the district attorney or, if designated by the county board of
9supervisors, by the corporation counsel, in any matter arising under s. 48.13, 48.133,
1048.976,
or 48.977. If the county board transfers this authority to or from the district
11attorney on or after May 11, 1990, the board may do so only if the action is effective
12on September 1 of an odd-numbered year and the board notifies the department of
13administration of that change by January 1 of that odd-numbered year.
SB560, s. 6 14Section 6. 48.14 (2) (b) of the statutes is amended to read:
SB560,12,1815 48.14 (2) (b) The appointment and removal of a guardian of the person for a
16child under ss. 48.427, 48.428, 48.43, 48.831, 48.832, 48.839 (4) (a), 48.976, 48.977,
17and 48.978 and ch. 54 and for a child found to be in need of protection or services
18under s. 48.13 because the child is without parent or guardian.
SB560, s. 7 19Section 7. 48.14 (11) of the statutes is amended to read:
SB560,12,2020 48.14 (11) Granting visitation privileges under s. 54.56 48.976 (11).
SB560, s. 8 21Section 8. 48.185 (2) of the statutes is amended to read:
SB560,13,622 48.185 (2) In an action under s. 48.41, venue shall be in the county where the
23birth parent or child resides at the time that the petition is filed. Venue for any
24proceeding under s. 48.363, 48.365. or 48.977, or any proceeding under subch. VIII
25or s. 48.976 when the child has been placed outside the home pursuant to a

1dispositional order under s. 48.345 or, 48.347, or 938.345 shall be in the county where
2the dispositional order was issued, unless the child's county of residence has
3changed, or the parent of the child or the expectant mother of the unborn child has
4resided in a different county of this state for 6 months. In either case, the court may,
5upon a motion and for good cause shown, transfer the case, along with all appropriate
6records, to the county of residence of the child, parent, or expectant mother.
SB560, s. 9 7Section 9. 48.235 (1) (c) of the statutes is amended to read:
SB560,13,118 48.235 (1) (c) The court shall appoint a guardian ad litem for any child who is
9the subject of a proceeding to terminate parental rights, whether voluntary or
10involuntary, for a child who is the subject of a contested adoption proceeding, and for
11a child who is the subject of a proceeding under s. 48.976, 48.977, or 48.978.
SB560, s. 10 12Section 10. 48.235 (3) (c) of the statutes is created to read:
SB560,13,1613 48.235 (3) (c) In addition to any other duties and responsibilities required of
14a guardian ad litem, a guardian ad litem appointed for a child who is the subject of
15a proceeding under s. 48.976 shall do all of the following unless granted leave by the
16court not to do so:
SB560,13,2317 1. Personally, or through a trained designee, meet with or observe the child,
18assess the appropriateness and safety of the environment of the child, and, if
19appropriate to the age and developmental level of the child, interview the child and
20determine the child's goals and concerns regarding the proposed guardianship. If the
21child is 12 years of age or over, the guardian ad litem shall also advise the child that
22he or she may request the appointment of counsel or retain counsel of his or her own
23choosing.
SB560,14,3
12. Interview the proposed guardian, personally or through a trained designee,
2visit the guardian's home, if appropriate, and report to the court concerning the
3suitability of the proposed guardian to serve as guardian of the child.
SB560,14,74 3. Attend all court proceedings relating to the guardianship, present evidence
5concerning the best interests of the child, if necessary, and make clear and specific
6recommendations to the court concerning the best interests of the child at every stage
7of the proceedings.
SB560,14,88 4. Report to the court on any matter that the court requests.
SB560,14,259 5. To the extent necessary to make recommendations to the court concerning
10the best interests of the child, to report to the court concerning the suitability of the
11proposed guardian to serve as guardian of the child and on any other matter that the
12court requests, and otherwise to fulfill the duties and responsibilities required of the
13guardian ad litem in the proceedings, inspect reports and records relating to the
14child, the child's family, and the proposed guardian, including law enforcement
15reports and records under ss. 48.396 (1) and 938.396 (1) (a), court records under ss.
1648.396 (2) (a) and 938.396 (2), social welfare agency records under ss. 48.78 (2) (a)
17and 938.78 (2) (a), abuse and neglect reports and records under s. 48.981 (7) (a) 11v.,
18pupil records under s. 118.125 (2) (L), mental health records under s. 51.30 (4) (b) 4.,
19and health care records under s. 146.82 (2) (a) 4. The court shall include in the order
20appointing the guardian ad litem an order requiring the custodian of any report or
21record specified in this subdivision to permit the guardian ad litem to inspect and
22copy the report or record on presentation by the guardian ad litem of a copy of the
23order. A guardian ad litem who obtains access to a report or record described in this
24subdivision shall keep the information contained in the report or record confidential
25and may use or further disclose that information only for purpose of the proceedings.
SB560, s. 11
1Section 11. 48.255 (1) (cm) of the statutes is amended to read:
SB560,15,52 48.255 (1) (cm) Whether the child may be subject to s. 48.028 or the federal
3Indian Child Welfare Act, 25 USC 1901 to 1963, and, if the child may be subject to
4s. 48.028 or that act, the names and addresses of the child's Indian custodian, if any,
5and Indian tribe, if known.
SB560, s. 12 6Section 12. 48.255 (1m) (d) of the statutes is amended to read:
SB560,15,117 48.255 (1m) (d) Whether the unborn child, when born, may be subject to s.
848.028 or
the federal Indian Child Welfare Act, 25 USC 1901 to 1963, and, if the
9unborn child may be subject to s. 48.028 or that act, the name and address of the
10Indian tribe in which the unborn child may be eligible for affiliation when born, if
11known.
SB560, s. 13 12Section 13. 48.299 (4) (a) of the statutes is amended to read:
SB560,15,1513 48.299 (4) (a) Chapters 901 to 911 shall govern the presentation of evidence at
14the fact-finding hearings under ss. 48.31, 48.42, 48.976, 48.977 (4) (d), and 48.978
15(2) (e) and (3) (f) 2.
SB560, s. 14 16Section 14. 48.299 (4) (b) of the statutes is amended to read:
SB560,16,617 48.299 (4) (b) Except as provided in s. 901.05, neither common law nor
18statutory rules of evidence are binding at a hearing for a child held in custody under
19s. 48.21, a hearing for an adult expectant mother held in custody under s. 48.213, a
20runaway home hearing under s. 48.227 (4), a dispositional hearing, or a hearing
21about changes in placement, revision of dispositional orders, extension of
22dispositional orders or termination of guardianship orders entered under s. 48.976,
2348.977 (4) (h) 2. or (6), or 48.978 (2) (j) 2. or (3) (g). At those hearings, the court shall
24admit all testimony having reasonable probative value, but shall exclude
25immaterial, irrelevant or unduly repetitious testimony or evidence that is

1inadmissible under s. 901.05. Hearsay evidence may be admitted if it has
2demonstrable circumstantial guarantees of trustworthiness. The court shall give
3effect to the rules of privilege recognized by law. The court shall apply the basic
4principles of relevancy, materiality and probative value to proof of all questions of
5fact. Objections to evidentiary offers and offers of proof of evidence not admitted may
6be made and shall be noted in the record.
SB560, s. 15 7Section 15. 48.299 (6) (intro.) of the statutes is amended to read:
SB560,16,118 48.299 (6) (intro.) If a man who has been given notice under s. 48.27 (3) (b) 1.,
948.976 (3) (b) 1., 48.977 (4) (c) 1., or 48.978 (2) (c) 1.
appears at any hearing for which
10he received the notice, alleges that he is the father of the child , and states that he
11wishes to establish the paternity of the child, all of the following apply:
SB560, s. 16 12Section 16. 48.299 (6) (d) of the statutes is amended to read:
SB560,16,2113 48.299 (6) (d) The court may stay the proceedings under this chapter pending
14the outcome of the paternity proceedings under subch. IX of ch. 767 if the court
15determines that the paternity proceedings will not unduly delay the proceedings
16under this chapter and the determination of paternity is necessary to the court's
17disposition of the child if the child is found to be in need of protection or services
18proceeding or if the court determines or has reason to know that the paternity
19proceedings may result in a finding that the child is an Indian child and in a petition
20by the child's parent, Indian custodian, or tribe for transfer of the proceeding to the
21jurisdiction of the tribe.
SB560, s. 17 22Section 17. 48.299 (7) of the statutes is amended to read:
SB560,17,523 48.299 (7) If a man who has been given notice under s. 48.27 (3) (b) 1., 48.976
24(3) (b) 1., 48.977 (4) (c) 1., or 48.978 (2) (c) 1.
appears at any hearing for which he
25received the notice but does not allege that he is the father of the child and state that

1he wishes to establish the paternity of the child or if no man to whom such notice was
2given appears at a hearing, the court may refer the matter to the state or to the
3attorney responsible for support enforcement under s. 59.53 (6) (a) for a
4determination, under s. 767.80, of whether an action should be brought for the
5purpose of determining the paternity of the child.
SB560, s. 18 6Section 18. 48.345 (intro.) of the statutes is amended to read:
SB560,17,21 748.345 Disposition of child or unborn child of child expectant mother
8adjudged in need of protection or services.
(intro.) If the judge finds that the
9child is in need of protection or services or that the unborn child of a child expectant
10mother is in need of protection or services, the judge shall enter an order deciding one
11or more of the dispositions of the case as provided in this section under a care and
12treatment plan, except that the order may not place any child not specifically found
13under this chapter or chs. 46, 49, 51, 54, or 115 to be developmentally disabled,
14mentally ill, or to have a disability specified in s. 115.76 (5) in facilities a facility that
15exclusively treat treats those categories of children, and the court may not place any
16child expectant mother of an unborn child in need of protection or services outside
17of the child expectant mother's home unless the court finds that the child expectant
18mother is refusing or has refused to accept any alcohol or other drug abuse services
19offered to her or is not making or has not made a good faith effort to participate in
20any alcohol or other drug abuse services offered to her. The dispositions under this
21section are as follows:
SB560, s. 19 22Section 19. 48.345 (3) (a) of the statutes is amended to read:
SB560,18,623 48.345 (3) (a) The home of a parent or , other relative, or guardian of the child,
24except that the judge may not designate the home of a parent or, other relative, or
25guardian
of the child as the child's placement if the parent or, other relative, or

1guardian
has been convicted under s. 940.01 of the first-degree intentional homicide,
2or under s. 940.05 of the 2nd-degree intentional homicide, of a parent of the child,
3and the conviction has not been reversed, set aside or vacated, unless the judge
4determines by clear and convincing evidence that the placement would be in the best
5interests of the child. The judge shall consider the wishes of the child in making that
6determination.
SB560, s. 20 7Section 20. 48.368 (1) of the statutes is amended to read:
SB560,18,158 48.368 (1) If a petition for termination of parental rights is filed under s. 48.41
9or 48.415 or an appeal from a judgment terminating or denying termination of
10parental rights is filed during the year in which a dispositional order under s. 48.355,
11an extension order under s. 48.365, a voluntary agreement for placement of the child
12under s. 48.63, or a guardianship order under ch. 54, 2009 stats., or ch. 880, 2003
13stats., or s. 48.976 or 48.977 or ch. 54 is in effect, the dispositional or extension order,
14voluntary agreement, or guardianship order shall remain in effect until all
15proceedings related to the filing of the petition or an appeal are concluded.
SB560, s. 21 16Section 21. 48.42 (1) (d) of the statutes is amended to read:
SB560,18,2017 48.42 (1) (d) A statement of whether the child may be subject to s. 48.028 or the
18federal Indian t Child Welfare Act, 25 USC 1901 to 1963, and, if the child may be
19subject to s. 48.028 or that act, the names of the child's Indian custodian, if any, and
20tribe, if known.
SB560, s. 22 21Section 22. 48.62 (2) of the statutes, as affected by 2011 Wisconsin Act 87, is
22amended to read:
SB560,19,1223 48.62 (2) A relative, a guardian of a child, or a person delegated care and
24custody of a child under s. 48.979 who provides care and maintenance for the child
25is not required to obtain the license specified in this section. The department, county

1department, or licensed child welfare agency as provided in s. 48.75 may issue a
2license to operate a foster home to a relative who has no duty of support under s. 49.90
3(1) (a) and who requests a license to operate a foster home for a specific child who is
4either placed by court order or who is the subject of a voluntary placement agreement
5under s. 48.63. The department, a county department, or a licensed child welfare
6agency may, at the request of a guardian appointed under s. 48.976, 48.977, or
748.978, ch. 54, 2009 stats., or ch. 880, 2003 stats., license the guardian's home as a
8foster home for the guardian's minor ward who is living in the home and who is placed
9in the home by court order. Relatives with no duty of support and guardians
10appointed under s. 48.976, 48.977, or 48.978, ch. 54, 2009 stats., or ch. 880, 2003
11stats., who are licensed to operate foster homes are subject to the department's
12licensing rules.
SB560, s. 23 13Section 23. 48.831 (1) of the statutes is amended to read:
SB560,19,2014 48.831 (1) Type of guardianship. This section may be used for the appointment
15of a guardian of a child who does not have a living parent if a finding as to the
16adoptability of a child is sought. Except as provided in ss. 48.977 and 48.978, ch. 54
17s. 48.976 applies to the appointment of a guardian for a child who does not have a
18living parent for all other purposes. An appointment of a guardian of the estate of
19a child who does not have a living parent shall be conducted in accordance with the
20procedures specified in ch. 54.
SB560, s. 24 21Section 24. 48.831 (1m) (e) of the statutes is amended to read:
SB560,19,2422 48.831 (1m) (e) A guardian appointed under s. 48.976, ch. 54, 2009 stats., or
23ch. 880, 2003 stats., whose resignation as guardian has been accepted by a court
24under s. 48.976 (10), 54.54 (1), 2009 stats., or s. 880.17 (1), 2003 stats.
SB560, s. 25 25Section 25. 48.976 of the statutes is created to read:
SB560,20,2
148.976 Appointment of guardian of the person of a child. (1)
2Definitions. In this section:
SB560,20,33 (a) "Interested person" means any of the following:
SB560,20,44 1. For purposes of a petition for guardianship of a child, any of the following:
SB560,20,65 a. The child, if he or she has attained 12 years of age, and the child's guardian
6ad litem and counsel, if any.
SB560,20,77 b. The child's parent, guardian, legal custodian, and physical custodian.
SB560,20,118 c. Any person who has filed a declaration of paternal interest under s. 48.025,
9who is alleged to the court to be the father of the child, or who may, based on the
10statements of the mother or other information presented to the court, be the father
11of the child.
SB560,20,1212 d. Any individual who is nominated as guardian or as a successor guardian.
SB560,20,1513 e. If the child has no living parent, any individual nominated to act as fiduciary
14for the child in a will or other written instrument that was executed by a parent of
15the child.
SB560,20,1916 f. If the child is receiving or in need of any public services or benefits, the county
17department or, in a county having a population of 750,000 or more, the department
18that is providing the services or benefits, through district attorney, corporation
19counsel, or other officials designated under s. 48.09.
SB560,20,2120 g. If the child is an Indian child, the Indian child's Indian custodian and Indian
21tribe.
SB560,20,2222 h. Any other person that the court may require.
SB560,20,2423 2. For purposes of proceedings subsequent to an order for guardianship of a
24child, any of the following:
SB560,21,2
1a. The child, if 12 years of age or over, the child's guardian ad litem, and the
2child's counsel.
SB560,21,33 b. The child's parent and guardian.
SB560,21,64 c. The county of venue, through the district attorney, corporation counsel, or
5other official designated under s. 48.09, if the county has an interest in the
6guardianship.
SB560,21,77 d. If the child is an Indian child, the Indian child's tribe.
SB560,21,88 e. Any other person that the court may require.
SB560,21,129 (b) "Party" means the person petitioning for the appointment of a guardian for
10a child or any interested person other than a person who is alleged to the court to be
11the father of the child or who may, based on the statements of the mother or other
12information presented to the court, be the father of the child.
SB560,22,4 13(2) Appointment; nomination; duty and authority. (a) Appointment. 1. This
14section may be used for the appointment of a guardian of the person for a child. An
15appointment of a guardian of the estate of a child shall be conducted under the
16procedures specified in ch. 54. If the court assigned to exercise jurisdiction under this
17chapter has jurisdiction over a proceeding for the appointment of a guardian of the
18person for a child or continuing jurisdiction over such a guardianship and the court
19assigned to exercise probate jurisdiction has jurisdiction over a proceeding for the
20appointment of a guardian of the estate of the child or continuing jurisdiction over
21such a guardianship, the court assigned to exercise jurisdiction under this chapter
22may order those proceedings or guardianships to be consolidated under the
23jurisdiction of the court assigned to exercise jurisdiction under this chapter. Upon
24such consolidation, the court assigned to exercise jurisdiction under this chapter
25shall order all records relating to the guardianship of the estate of the child to be

1transferred to the court assigned to exercise jurisdiction under this chapter and that
2court shall retain those records as required under SCR chapter 72. This section does
3not prohibit a person from petitioning a court under s. 48.831, 48.977, or 48.978 for
4the appointment of a guardian of the person of a child.
SB560,22,85 2. The court may appoint coguardians of the person for a child under this
6section, subject to any conditions that the court imposes. Unless the court orders
7otherwise, any decision concerning the child must be concurred in by all coguardians
8or is void.
SB560,22,149 (b) Nomination by parent or child. 1. A parent may nominate a guardian and
10successor guardian for any of his or her children who is in need of guardianship,
11including a nomination by will. Subject to the rights of a surviving parent, the court
12shall appoint the person nominated as guardian or successor guardian, unless the
13court finds that appointment of the person nominated is not in the child's best
14interests.
SB560,22,1915 2. A child who is 12 years of age or over may nominate his or her own guardian,
16but if the child is in the armed service or is outside of the state or if other good reason
17exists, the court may dispense with the child's right of nomination. If neither parent
18of a child who is 12 years of age or over is fit, willing, and able to carry out the duties
19of a guardian, the court may appoint the nominee of the child.
SB560,22,2420 3. In determining who is appointed as guardian, the court shall consider the
21nominations of the parents and child and the opinions of the parents and child as to
22what is in the best interests of the child, but the best interests of the child as
23determined by the court shall control in making the determination when those
24nominations and opinions are in conflict with those best interests.
SB560,23,8
1(c) Duties and authority of guardian. 1. `Full guardianship.' Subject to subd.
25., a guardian appointed under sub. (3) (f) 2. shall have all of the duties and authority
3specified in s. 48.023, unless those duties and that authority are limited under subd.
42. A guardian appointed under sub. (3) (f) 2. shall also immediately notify the court
5that appointed the guardian of any change in the address of the guardian or child and
6shall make an annual report to that court on the condition of the child. The report
7shall include the location of the child, the health condition of the child, and any
8recommendations regarding the child.
SB560,23,199 2. `Limited guardianship.' The court may order that the duties and authority
10of a guardian appointed under sub. (3) (f) 2. be limited. The duties and authority of
11a limited guardian shall be as specified by the order of appointment under sub. (3)
12(f) 2. The duties and authority of a full guardian shall apply to a limited guardian
13to the extent relevant to the duties or authority of the limited guardian, except as
14limited by the order of appointment. The court may limit the authority of a guardian
15with respect to any power to allow the parent to retain such power to make decisions
16as is within the parent's ability to exercise effectively and may limit the physical
17custody of a guardian to allow shared physical custody with the parent if shared
18physical custody is in the best interests of the child. The court shall set an expiration
19date for a limited guardianship order, which may be extended for good cause shown.
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