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.
SB560,23,2420 3. `Temporary guardianship.' If it is demonstrated to the court that a child's
21particular situation, including the inability of the child's parent to provide for the
22care, custody, and control of the child for a temporary period of time, requires the
23appointment of a temporary guardian, the court may appoint a temporary guardian
24as provided under sub. (4).
SB560,24,3
14. `Emergency guardianship.' If it is demonstrated to the court that the welfare
2of a child requires the immediate appointment of an emergency guardian, the court
3may appoint an emergency guardian as provided under sub. (5).
SB560,24,104 5. `Powers of guardian.' The parent retains all rights and duties accruing to the
5parent as a result of the parent-child relationship that are not assigned to the
6guardian or otherwise limited by statute or court order. A guardian acting on behalf
7of a child may exercise only those powers that the guardian is authorized to exercise
8by statute or court order. The court may authorize a guardian to exercise only those
9powers that are necessary to provide for the care, custody, and control of the child and
10to exercise those powers in a manner that is appropriate to the child.
SB560,24,16 11(3) Procedures. (a) Petition. Any person, including a child 12 years of age or
12over on his or her own behalf, may petition for the appointment of a guardian for a
13child. A petition for guardianship may include an application for protective
14placement or protective services or both under ch. 55. The petition shall be entitled
15"In the interest of .... (child's name), a person under the age of 18" and shall state all
16of the following, if known to the petitioner:
SB560,24,1717 1. The name, date of birth, and address of the child.
SB560,24,2018 2. The names and addresses of the petitioner, the child's parents, current
19guardian, and legal custodian, if any, the proposed guardian, any proposed successor
20guardians, and all other interested persons.
SB560,24,2221 3. Whether the petitioner is requesting a full guardianship, a limited
22guardianship, a temporary guardianship, or an emergency guardianship.
SB560,25,223 4. If the petitioner is requesting a full guardianship, the facts and
24circumstances establishing that the child's parents are unfit, unwilling, or unable to

1provide for the care, custody, and control of the child or other compelling facts and
2circumstances demonstrating that a full guardianship is necessary.
SB560,25,73 5. If the petitioner is requesting a limited guardianship, the facts and
4circumstances establishing that the child's parents need assistance in providing for
5the care, custody, and control of the child and a statement of the specific duties and
6authority under s. 48.023 sought by the petitioner for the proposed guardian and the
7specific parental rights and duties that the petitioner seeks to have transferred.
SB560,25,138 6. If the petitioner is requesting a temporary guardianship, the facts and
9circumstances establishing that the child's particular situation, including the
10inability of the child's parents to provide for the care, custody, and control of the child
11for a temporary period of time, requires the appointment of a temporary guardian;
12the reasons for the appointment of a temporary guardian; and the powers requested
13for the temporary guardian.
SB560,25,1614 7. If the petitioner is requesting an emergency guardianship, the facts and
15circumstances establishing that the welfare of the child requires the immediate
16appointment of an emergency guardian.
SB560,25,1817 8. The facts and circumstances establishing that the proposed guardian is fit,
18willing, and able to serve as the child's guardian.
SB560,25,1919 9. The information required under s. 822.29 (1).
SB560,25,2320 10. Whether the child may be subject to s. 48.028 or the federal Indian Child
21Welfare Act, 25 USC 1901 to 1963 and, if the child may be subject to s. 48.028 or that
22act, the names and addresses of the child's Indian custodian, if any, and Indian tribe,
23if known.
SB560,26,1024 11. If the petitioner knows or has reason to know that the child is an Indian
25child, reliable and credible information showing that continued custody of the child

1by the child's parent or Indian custodian is likely to result in serious emotional or
2physical damage to the child under s. 48.028 (4) (d) 1. and that active efforts under
3s. 48.028 (4) (d) 2. have been made to prevent the breakup of the Indian child's family
4and that those efforts have proved unsuccessful and, if the proposed guardianship
5would change the placement of the child from the home of his or her parent or Indian
6custodian to a placement outside that home, a statement as to whether the new
7placement is in compliance with the order of placement preference under s. 48.028
8(7) (b) or, if applicable, s. 48.028 (7) (c) and, if the new placement is not in compliance
9with that order, specific information showing good cause, as described in s. 48.028
10(7) (e), for departing from that order.
SB560,26,1311 12. Whether the petitioner is aware of any guardianship or other related
12proceeding involving the child that is pending in another court and, if so, the details
13of the guardianship or related proceeding.
SB560,26,2114 13. If the child has been adjudged to be in need of protection or services under
15s. 48.13 or 938.13 or has been adjudged delinquent under s. 938.12, and is subject to
16a court order under s. 48.345, 48.357, 48.363, 48.365, 938.34, 938.345, 938.357,
17938.363, or 938.365, and the petition filed under this subsection requests a change
18in the placement of the child or a revision of the order, the information that is
19required to be included in a request for a change in placement under s. 48.357 (2m)
20(a) or 938.357 (2m) (a), whichever is applicable, or a request for a revision of the order
21under s. 48.363 (1) (b) or 938.363 (1) (b), whichever is applicable.
SB560,27,222 (b) Service of petition and notice. 1. Except as provided in subd. 3., the
23petitioner shall cause the petition and notice of the time and place of the hearing
24under par. (d) to be served at least 10 days before the time of the hearing upon all

1interested persons, unless notice is specifically waived by an interested person or by
2the court for good cause shown.
SB560,27,83 2. A notice shall be in writing. A copy of the petition and any other required
4document shall be attached to the notice. Except as provided in subd. 3., notice shall
5be delivered in person or by 1st class mail. Notice is considered to be given by proof
6of personal delivery, by proof that the notice was mailed to the last-known address
7of the recipient, or, if the recipient is an adult, by the written admission of service of
8the person served.
SB560,27,179 3. If the petitioner knows or has reason to know that the child is an Indian child,
10notice to the Indian child's parent, Indian custodian, and Indian tribe shall be
11provided in the manner specified in s. 48.028 (4) (a). No hearing may be held under
12par. (d) until at least 10 days after receipt of the notice by the Indian child's parent,
13Indian custodian, and Indian tribe or, if the identity or location of the Indian child's
14parent, Indian custodian, or tribe cannot be determined, until at least 15 days after
15receipt of the notice by the U.S. secretary of the interior. On request of the Indian
16child's parent, Indian custodian, or Indian tribe, the court shall grant a continuance
17of up to 20 additional days to enable the requester to prepare for the hearing.
SB560,28,318 (c) Statement by proposed guardian. At least 96 hours before the hearing under
19par. (d), the proposed guardian shall submit to the court a sworn and notarized
20statement as to the number of persons for whom the proposed guardian is
21responsible, whether as a parent, guardian, or legal custodian, as to the proposed
22guardian's income, assets, debts, and living expenses, and as to whether the
23proposed guardian is currently charged with or has been convicted of a crime or has
24been determined under s. 48.981 (3) (c) to have abused or neglected a child. If the
25proposed guardian is currently charged with or has been convicted of a crime or has

1been determined under s. 48.981 (3) (c) to have abused or neglected a child, he or she
2shall include in the sworn and notarized statement a description of the
3circumstances surrounding the charge, conviction, or determination.
SB560,28,154 (d) Hearing. 1. The initial hearing on a petition for guardianship, other than
5a petition for emergency guardianship under sub. (5), shall be heard within 45 days
6after the filing of the petition. At the hearing the court shall first determine whether
7any party wishes to contest the petition. If the petition is not contested, the court
8shall immediately proceed to a fact-finding and dispositional hearing, unless an
9adjournment is requested. If the petition is contested or if an adjournment is
10requested, the court shall set a date for a fact-finding and dispositional hearing that
11allows reasonable time for the parties to prepare but is not more than 30 days after
12the initial hearing. The court shall hold the fact-finding and dispositional hearing
13at the time specified or set by the court under this subdivision, at which any party
14may present evidence, including expert testimony, and argument relating to the
15allegations in the petition.
SB560,29,316 2. If the petition is contested, any party may request, or the court may propose
17on its own motion, that an investigation be conducted to determine whether the child
18is a proper subject for guardianship and whether the proposed guardian would be a
19suitable guardian for the child. If the court determines that such an investigation
20is necessary and that the welfare of the child demands such an investigation, the
21court may order the county department, a licensed child welfare agency, or, in a
22county having a population of 750,000 or more, the department or an agency under
23contract with the department to conduct such an investigation. The person
24conducting the investigation shall file a report of its investigation with the court at
25least 96 hours before the fact-finding and dispositional hearing. The parents of the

1child and the proposed guardian shall reimburse the person conducting the
2investigation for the cost of the investigation according to a fee schedule established
3by the department based on ability to pay.
SB560,29,104 3. The proposed guardian and any proposed successor guardian shall be
5physically present at the hearing unless the court excuses the attendance of either
6or, for good cause shown, permits attendance by telephone. The child is not required
7to attend the hearing, but if the child has nominated the proposed guardian, the child
8shall provide to his or her guardian ad litem sufficient information for the guardian
9ad litem to advise the court whether the nomination is in the best interests of the
10child.
SB560,29,1411 4. If a man who has been given notice under par. (b) 1. appears at the hearing,
12alleges that he is the father of the child, and states that he wishes to establish the
13paternity of the child, s. 48.299 (6) applies. The court may order a temporary
14guardianship under sub. (4) pending the outcome of the paternity proceedings
SB560,29,1615 (e) Dispositional factors. In determining the appropriate disposition under this
16section, the court shall consider all of the following:
SB560,29,2017 1. Any nominations made under sub. (2) (b) 1. or 2. and the opinions of the
18parents and child as to what is in the best interests of the child, but the best interests
19of the child as determined by the court shall control in making the determination
20when those nominations and opinions are in conflict with those best interests.
SB560,29,2221 2. Whether the proposed guardian would be fit, willing, and able to serve as the
22guardian of the child.
SB560,29,2523 3. If the child is an Indian child, the order of placement preference under s.
2448.028 (7) (b) or, if applicable, s. 48.028 (7) (c), unless the court finds good cause, as
25described in s. 48.028 (7) (e), for departing from that order.
SB560,30,2
14. Whether appointment of the proposed guardian as the child's guardian is in
2the best interests of the child.
SB560,30,53 (f) Disposition. At the conclusion of the hearing under par. (d), the court shall
4grant one of the following dispositions, unless the court adjourns the hearing under
5par. (g):
SB560,30,116 1. A disposition dismissing the petition if the court finds that the petitioner has
7not proved the allegations in the petition by clear and convincing evidence or
8determines that appointment of the proposed guardian as the child's guardian is not
9in the best interests of the child. Dismissal of a petition under this subdivision does
10not preclude the court from referring the child to the intake worker for an intake
11inquiry under s. 48.24.
SB560,30,2512 2. A disposition ordering that the proposed guardian be appointed as the child's
13full guardian under sub. (2) (c) 1., limited guardian under sub. (2) (c) 2., or temporary
14guardian under sub. (2) (c) 3., if the court finds that the petitioner has proved the
15allegations in the petition by clear and convincing evidence and determines that such
16an appointment is in the best interests of the child. If the court orders the
17appointment of a guardian for a child described in par. (a) 13. and the order changes
18the placement of the child, the disposition shall include the applicable findings,
19orders, statements, and determinations specified in s. 48.357 (2m) (c) or 938.357 (2m)
20(c), whichever is applicable. The disposition may also designate an amount of
21support to be paid by the child's parents and, subject to sub. (12), may include
22reasonable rules of parental visitation, which rules the court shall determine in
23accordance with the factors specified in s. 767.41 (5), as applicable. If the court
24appoints the proposed guardian as the child's guardian, the court shall issue letters
25of guardianship to the guardian.
SB560,31,12
1(g) Adjournment; proposed guardian unfit or not in best interests. If at the
2conclusion of the hearing under par. (d) the court finds that the petitioner has proved
3the allegations in the petition, other than the allegation specified in par. (a) 8., by
4clear and convincing evidence, but that the proposed guardian is not fit, willing, and
5able to serve as the guardian of the child, or if the court finds that the petitioner has
6so proved all of the allegations in the petition, but that appointment of the proposed
7guardian as the child's guardian is not in the best interests of the child, the court may,
8in lieu of granting a disposition dismissing the petition under par. (f) 1., adjourn the
9hearing for not more than 30 days, request the petitioner or any other party to
10nominate a new proposed guardian, and order the guardian ad litem to report to the
11court concerning the suitability of the new proposed guardian to serve as the
12guardian of the child.
SB560,31,21 13(4) Temporary guardianships. (a) Duration and extent of authority. The court
14may appoint a temporary guardian for a child for a period not to exceed 180 days,
15except that the court may extend this period for good cause shown for one additional
16180-day period. The court's determination and order appointing the temporary
17guardian shall specify the authority of the temporary guardian, which shall be
18limited to those acts that are reasonably related to the reasons for the appointment
19that are specified in the petition for temporary guardianship. The authority of the
20temporary guardian is limited to the performance of those acts stated in the order
21of appointment.
SB560,31,2422 (b) Procedures for appointment. A petition for the appointment of a temporary
23guardian shall be heard in the same manner and is subject to the same requirements
24as provided in this section for the appointment of a full or limited guardian.
SB560,32,5
1(c) Cessation of powers. The duties and powers of the temporary guardian cease
2upon the expiration of the period specified in par. (a), or the termination as
3determined by the court of the situation of the child that was the cause of the
4temporary guardianship. Upon cessation of a temporary guardianship, the
5temporary guardian shall file with the court any report that the court requires.
SB560,32,12 6(5) Emergency guardianships. (a) Duration and extent of authority. The court
7may appoint an emergency guardian for a child for a period not to exceed 60 days.
8The court's determination and order appointing the emergency guardian shall
9specify the authority of the emergency guardian and shall be limited to those acts
10that are reasonably related to the reasons for the appointment that are specified in
11the petition for emergency guardianship. The authority of the emergency guardian
12is limited to the performance of those acts stated in the order of appointment.
SB560,32,1413 (b) Procedures for appointment. All of the following procedures apply to the
14appointment of an emergency guardian:
Loading...
Loading...