SB560: Bill Text

SB560,24,10 5. `Powers of guardian.' The parent retains all rights and duties accruing to the parent as a result of the parent-child relationship that are not assigned to the guardian or otherwise limited by statute or court order. A guardian acting on behalf of a child may exercise only those powers that the guardian is authorized to exercise by statute or court order. The court may authorize a guardian to exercise only those powers that are necessary to provide for the care, custody, and control of the child and to exercise those powers in a manner that is appropriate to the child.

SB560,24,16 (3) Procedures. (a) Petition. Any person, including a child 12 years of age or over on his or her own behalf, may petition for the appointment of a guardian for a child. A petition for guardianship may include an application for protective placement or protective services or both under ch. 55. The petition shall be entitled "In the interest of .... (child's name), a person under the age of 18" and shall state all of the following, if known to the petitioner:

SB560,24,17 1. The name, date of birth, and address of the child.

SB560,24,20 2. The names and addresses of the petitioner, the child's parents, current guardian, and legal custodian, if any, the proposed guardian, any proposed successor guardians, and all other interested persons.

SB560,24,22 3. Whether the petitioner is requesting a full guardianship, a limited guardianship, a temporary guardianship, or an emergency guardianship.

SB560,25,2 4. If the petitioner is requesting a full guardianship, the facts and circumstances establishing that the child's parents are unfit, unwilling, or unable to provide for the care, custody, and control of the child or other compelling facts and circumstances demonstrating that a full guardianship is necessary.

SB560,25,7 5. If the petitioner is requesting a limited guardianship, the facts and circumstances establishing that the child's parents need assistance in providing for the care, custody, and control of the child and a statement of the specific duties and authority under s. 48.023 sought by the petitioner for the proposed guardian and the specific parental rights and duties that the petitioner seeks to have transferred.

SB560,25,13 6. If the petitioner is requesting a temporary guardianship, the facts and circumstances establishing that the child's particular situation, including the inability of the child's parents to provide for the care, custody, and control of the child for a temporary period of time, requires the appointment of a temporary guardian; the reasons for the appointment of a temporary guardian; and the powers requested for the temporary guardian.

SB560,25,16 7. If the petitioner is requesting an emergency guardianship, the facts and circumstances establishing that the welfare of the child requires the immediate appointment of an emergency guardian.

SB560,25,18 8. The facts and circumstances establishing that the proposed guardian is fit, willing, and able to serve as the child's guardian.

SB560,25,19 9. The information required under s. 822.29 (1).

SB560,25,23 10. 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.

SB560,26,10 11. If the petitioner knows or has reason to know that the child is an Indian child, reliable and credible information showing that continued custody of the child by the child's parent or Indian custodian is likely to result in serious emotional or physical damage to the child under s. 48.028 (4) (d) 1. and that active efforts under s. 48.028 (4) (d) 2. have been made to prevent the breakup of the Indian child's family and that those efforts have proved unsuccessful and, if the proposed guardianship would change the placement of the child from the home of his or her parent or Indian custodian to a placement outside that home, a statement as to whether the new placement is in compliance with the order of placement preference under s. 48.028 (7) (b) or, if applicable, s. 48.028 (7) (c) and, if the new placement is not in compliance with that order, specific information showing good cause, as described in s. 48.028 (7) (e), for departing from that order.

SB560,26,13 12. Whether the petitioner is aware of any guardianship or other related proceeding involving the child that is pending in another court and, if so, the details of the guardianship or related proceeding.

SB560,26,21 13. If the child has been adjudged to be in need of protection or services under s. 48.13 or 938.13 or has been adjudged delinquent under s. 938.12, and is subject to a court order under s. 48.345, 48.357, 48.363, 48.365, 938.34, 938.345, 938.357, 938.363, or 938.365, and the petition filed under this subsection requests a change in the placement of the child or a revision of the order, the information that is required to be included in a request for a change in placement under s. 48.357 (2m) (a) or 938.357 (2m) (a), whichever is applicable, or a request for a revision of the order under s. 48.363 (1) (b) or 938.363 (1) (b), whichever is applicable.

SB560,27,2 (b) Service of petition and notice. 1. Except as provided in subd. 3., the petitioner shall cause the petition and notice of the time and place of the hearing under par. (d) to be served at least 10 days before the time of the hearing upon all interested persons, unless notice is specifically waived by an interested person or by the court for good cause shown.

SB560,27,8 2. A notice shall be in writing. A copy of the petition and any other required document shall be attached to the notice. Except as provided in subd. 3., notice shall be delivered in person or by 1st class mail. Notice is considered to be given by proof of personal delivery, by proof that the notice was mailed to the last-known address of the recipient, or, if the recipient is an adult, by the written admission of service of the person served.

SB560,27,17 3. If the petitioner knows or has reason to know that the child is an Indian child, notice to the Indian child's parent, Indian custodian, and Indian tribe shall be provided in the manner specified in s. 48.028 (4) (a). No hearing may be held under par. (d) until at least 10 days after receipt of the notice by the Indian child's parent, Indian custodian, and Indian tribe or, if the identity or location of the Indian child's parent, Indian custodian, or tribe cannot be determined, until at least 15 days after receipt of the notice by the U.S. secretary of the interior. On request of the Indian child's parent, Indian custodian, or Indian tribe, the court shall grant a continuance of up to 20 additional days to enable the requester to prepare for the hearing.

SB560,28,3 (c) Statement by proposed guardian. At least 96 hours before the hearing under par. (d), the proposed guardian shall submit to the court a sworn and notarized statement as to the number of persons for whom the proposed guardian is responsible, whether as a parent, guardian, or legal custodian, as to the proposed guardian's income, assets, debts, and living expenses, and as to whether the proposed guardian is currently charged with or has been convicted of a crime or has been determined under s. 48.981 (3) (c) to have abused or neglected a child. If the proposed guardian is currently charged with or has been convicted of a crime or has been determined under s. 48.981 (3) (c) to have abused or neglected a child, he or she shall include in the sworn and notarized statement a description of the circumstances surrounding the charge, conviction, or determination.

SB560,28,15 (d) Hearing. 1. The initial hearing on a petition for guardianship, other than a petition for emergency guardianship under sub. (5), shall be heard within 45 days after the filing of the petition. At the hearing the court shall first determine whether any party wishes to contest the petition. If the petition is not contested, the court shall immediately proceed to a fact-finding and dispositional hearing, unless an adjournment is requested. If the petition is contested or if an adjournment is requested, the court shall set a date for a fact-finding and dispositional hearing that allows reasonable time for the parties to prepare but is not more than 30 days after the initial hearing. The court shall hold the fact-finding and dispositional hearing at the time specified or set by the court under this subdivision, at which any party may present evidence, including expert testimony, and argument relating to the allegations in the petition.

SB560,29,3 2. If the petition is contested, any party may request, or the court may propose on its own motion, that an investigation be conducted to determine whether the child is a proper subject for guardianship and whether the proposed guardian would be a suitable guardian for the child. If the court determines that such an investigation is necessary and that the welfare of the child demands such an investigation, the court may order the county department, a licensed child welfare agency, or, in a county having a population of 750,000 or more, the department or an agency under contract with the department to conduct such an investigation. The person conducting the investigation shall file a report of its investigation with the court at least 96 hours before the fact-finding and dispositional hearing. The parents of the child and the proposed guardian shall reimburse the person conducting the investigation for the cost of the investigation according to a fee schedule established by the department based on ability to pay.

SB560,29,10 3. The proposed guardian and any proposed successor guardian shall be physically present at the hearing unless the court excuses the attendance of either or, for good cause shown, permits attendance by telephone. The child is not required to attend the hearing, but if the child has nominated the proposed guardian, the child shall provide to his or her guardian ad litem sufficient information for the guardian ad litem to advise the court whether the nomination is in the best interests of the child.

SB560,29,14 4. If a man who has been given notice under par. (b) 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. The court may order a temporary guardianship under sub. (4) pending the outcome of the paternity proceedings

SB560,29,16 (e) Dispositional factors. In determining the appropriate disposition under this section, the court shall consider all of the following:

SB560,29,20 1. Any nominations made under sub. (2) (b) 1. or 2. and the opinions of the parents and child as to what is in the best interests of the child, but the best interests of the child as determined by the court shall control in making the determination when those nominations and opinions are in conflict with those best interests.

SB560,29,22 2. Whether the proposed guardian would be fit, willing, and able to serve as the guardian of the child.

SB560,29,25 3. If the child is an Indian child, the order of placement preference under s. 48.028 (7) (b) or, if applicable, s. 48.028 (7) (c), unless the court finds good cause, as described in s. 48.028 (7) (e), for departing from that order.

SB560,30,2 4. Whether appointment of the proposed guardian as the child's guardian is in the best interests of the child.

SB560,30,5 (f) Disposition. At the conclusion of the hearing under par. (d), the court shall grant one of the following dispositions, unless the court adjourns the hearing under par. (g):

SB560,30,11 1. A disposition dismissing the petition if the court finds that the petitioner has not proved the allegations in the petition by clear and convincing evidence or determines that appointment of the proposed guardian as the child's guardian is not in the best interests of the child. Dismissal of a petition under this subdivision does not preclude the court from referring the child to the intake worker for an intake inquiry under s. 48.24.

SB560,30,25 2. A disposition ordering that the proposed guardian be appointed as the child's full guardian under sub. (2) (c) 1., limited guardian under sub. (2) (c) 2., or temporary guardian under sub. (2) (c) 3., if the court finds that the petitioner has proved the allegations in the petition by clear and convincing evidence and determines that such an appointment is in the best interests of the child. If the court orders the appointment of a guardian for a child described in par. (a) 13. and the order changes the placement of the child, the disposition shall include the applicable findings, orders, statements, and determinations specified in s. 48.357 (2m) (c) or 938.357 (2m) (c), whichever is applicable. The disposition may also designate an amount of support to be paid by the child's parents and, subject to sub. (12), may include reasonable rules of parental visitation, which rules the court shall determine in accordance with the factors specified in s. 767.41 (5), as applicable. If the court appoints the proposed guardian as the child's guardian, the court shall issue letters of guardianship to the guardian.

SB560,31,12 (g) Adjournment; proposed guardian unfit or not in best interests. If at the conclusion of the hearing under par. (d) the court finds that the petitioner has proved the allegations in the petition, other than the allegation specified in par. (a) 8., by clear and convincing evidence, but that the proposed guardian is not fit, willing, and able to serve as the guardian of the child, or if the court finds that the petitioner has so proved all of the allegations in the petition, but that appointment of the proposed guardian as the child's guardian is not in the best interests of the child, the court may, in lieu of granting a disposition dismissing the petition under par. (f) 1., adjourn the hearing for not more than 30 days, request the petitioner or any other party to nominate a new proposed guardian, and order the guardian ad litem to report to the court concerning the suitability of the new proposed guardian to serve as the guardian of the child.

SB560,31,21 (4) Temporary guardianships. (a) Duration and extent of authority. The court may appoint a temporary guardian for a child for a period not to exceed 180 days, except that the court may extend this period for good cause shown for one additional 180-day period. The court's determination and order appointing the temporary guardian shall specify the authority of the temporary guardian, which shall be limited to those acts that are reasonably related to the reasons for the appointment that are specified in the petition for temporary guardianship. The authority of the temporary guardian is limited to the performance of those acts stated in the order of appointment.

SB560,31,24 (b) Procedures for appointment. A petition for the appointment of a temporary guardian shall be heard in the same manner and is subject to the same requirements as provided in this section for the appointment of a full or limited guardian.

SB560,32,5 (c) Cessation of powers. The duties and powers of the temporary guardian cease upon the expiration of the period specified in par. (a), or the termination as determined by the court of the situation of the child that was the cause of the temporary guardianship. Upon cessation of a temporary guardianship, the temporary guardian shall file with the court any report that the court requires.

SB560,32,12 (5) Emergency guardianships. (a) Duration and extent of authority. The court may appoint an emergency guardian for a child for a period not to exceed 60 days. The court's determination and order appointing the emergency guardian shall specify the authority of the emergency guardian and shall be limited to those acts that are reasonably related to the reasons for the appointment that are specified in the petition for emergency guardianship. The authority of the emergency guardian is limited to the performance of those acts stated in the order of appointment.

SB560,32,14 (b) Procedures for appointment. All of the following procedures apply to the appointment of an emergency guardian:

SB560,32,18 1. Any person may petition for the appointment of an emergency guardian for a child. The petition shall contain the information required under sub. (3) (a) and shall specify the reasons for the appointment of an emergency guardian and the powers requested for the emergency guardian.

SB560,33,5 2. The petitioner shall give notice of the petition and of the time and place of the hearing under subd. 4. to the child, if 12 years of age or over, the child's guardian ad litem, and the child's counsel, if any; the child's parents, guardian, and legal custodian; and the person nominated as emergency guardian. The notice and a copy of the petition shall be served as soon after the filing of the petition as possible, shall be served by the most practical means possible, including personal service or service by electronic mail or telephone, and shall include notice of the right to request the appointment of counsel or to retain counsel of the party's own choosing and of the right to petition for reconsideration or modification of the emergency guardianship under subd. 5. If the petitioner serves notice of the hearing after the hearing is conducted and the court has entered an order, the petitioner shall include the court's order with the notice of the hearing.

SB560,33,15 3. The court shall appoint a guardian ad litem for the child as soon as possible after the filing of the petition. The court shall attempt to appoint the guardian ad litem before the hearing on the petition, but may appoint the guardian ad litem after the hearing if the court finds that exigent circumstances require the immediate appointment of an emergency guardian. The guardian ad litem shall attempt to meet with or observe the child before the hearing or as soon as is practicable after the hearing, but not later than 3 calendar days after the hearing. The guardian ad litem shall report to the court on the advisability of the emergency guardianship at the hearing or, if not appointed until after the hearing, not later than 7 calendar days after the hearing.

SB560,33,21 4. The court shall hold a hearing on the emergency guardianship petition as soon as possible after the filing of the petition or, for good cause shown, may issue a temporary order appointing an emergency guardian without a hearing which shall remain in effect until a hearing is held on the emergency guardianship petition. If appointed prior to the hearing, the guardian ad litem shall attend the hearing in person or by telephone.

SB560,33,25 5. If the court appoints an emergency guardian, any person specified in subd. 2. may petition for reconsideration or modification of the emergency guardianship and the court shall hold a rehearing on the issue of appointment of the emergency guardian within 30 calendar days after the filing of the petition.

SB560,34,5 (c) Immunity. An emergency guardian of a child is immune from civil liability for his or her acts or omissions in performing the duties of emergency guardianship if he or she performs the duties in good faith, in the best interests of the child, and with the degree of diligence and prudence that an ordinarily prudent person exercises in his or her own affairs.

SB560,34,10 (d) Cessation of powers. The duties and powers of the emergency guardian cease upon the expiration of the period specified in par. (a), or the termination as determined by the court of the situation of the child that was the cause of the emergency guardianship. Upon cessation of an emergency guardianship, the emergency guardian shall file with the court any report that the court requires.

SB560,34,14 (6) Standby guardianship. A petition for the appointment of a standby guardian of the person of a child to assume the duty and authority of guardianship on the incapacity, death, or debilitation and consent, of the child's parent shall be brought under s. 48.978.

SB560,34,23 (7) Successor guardian. (a) Appointment; original petition or during guardianship. 1. As part of a petition for the original appointment of a guardian of a child or at any time after that appointment, a person may petition for the appointment of one or more successor guardians of the child to assume the duty and authority of full, limited, or temporary guardianship in the event of an occurrence specified in subd. 2. Except as provided in par. (b), if the petition for the appointment of a successor guardian is brought after the original appointment of a guardian, the petition shall be heard in the same manner and subject to the same requirements as provided under this section for an original appointment of a guardian.

SB560,35,12 2. After hearing, the court may designate one or more successor guardians whose appointment shall become effective immediately upon the death, unwillingness or inability to act, resignation, or removal by the court of the initially appointed guardian or during a period, as determined by the initially appointed guardian, when the initially appointed guardian is temporarily unable to fulfill his or her duties, including during an extended vacation or illness. The powers and duties of the successor guardian shall be the same as those of the initially appointed guardian. The successor guardian shall receive a copy of the court order establishing or modifying the initial guardianship and of the order designating the successor guardian. Upon the occurrence of an event specified in this subdivision, the successor guardian shall so notify the court and request the court to issue new letters of guardianship. Upon notification, the court shall issue new letters of guardianship that specify that the successor guardianship is permanent or that specify the period for a temporary successor guardianship.

SB560,35,20 (b) Appointment; when no guardian. 1. If a guardian dies, is removed by order of the court, or resigns and the resignation is accepted by the court, the court, on its own motion or upon petition of any interested person, may appoint a competent and suitable person as successor guardian. The court may, upon request of any interested person or on its own motion, direct that the petition or motion for the appointment of a successor guardian be heard in the same manner and subject to the same requirements as provided under this section for an original appointment of a guardian.

SB560,36,2 2. If the appointment under subd. 1. is made without hearing, the successor guardian shall provide notice to all interested persons of the appointment, the right to request the appointment of counsel or to retain counsel of the interested person's own choosing, and the right to petition for reconsideration of the appointment of the successor guardian. The notice shall be served personally or by mail not later than 10 days after the appointment.

SB560,36,11 (8) Modification of guardianship order. (a) Any interested person or other person approved by the court may request a modification of a guardianship order entered under this subsection or sub. (3) (f) 2. or the court may, on its own motion, propose such a modification. The request or motion shall set forth in detail the nature of the proposed modification, shall allege facts sufficient to show that there has been a substantial change in circumstances since the last order affecting the guardianship was entered and that the proposed modification would be in the best interests of the child, and shall allege any other information that affects the advisability of the court's disposition.

SB560,36,16 (b) The court shall hold a hearing on the matter prior to any modification of the guardianship order if the request or motion indicates that new information is available that affects the advisability of the court's guardianship order, unless written waivers of objections to the modification are signed by all interested persons and the court approves the waivers.

SB560,36,23 (c) If a hearing is to be held, the person requesting or proposing the modification shall notify all interested persons 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 modification if, at the hearing, the court finds that the person proposing the modification has proved by clear and convincing evidence that there has been a substantial change in circumstances and determines that a modification would be in the best interests of the child.

SB560,37,3 (9) Review of conduct of guardian. (a) Continuing jurisdiction of court. The court that appointed the guardian of a child has continuing jurisdiction over the guardian.

SB560,37,5 (b) Cause for court action against a guardian. The court may impose a remedy under par. (d) if a guardian of a child does any of the following:

SB560,37,6 1. Abuses or neglects the child or knowingly permits others to do so.

SB560,37,8 2. Fails to disclose information specified in sub. (3) (c) that would have prevented appointment of the person as guardian.

SB560,37,10 3. Otherwise fails to perform any of his or her duties as a guardian under s. 48.023.

SB560,37,19 (c) Procedure. Any interested person or other person approved by the court may file a petition requesting a review of the conduct of a guardian or the court, on its own motion, may propose such a review. The request or motion shall allege facts sufficient to show cause under par. (b) for the court to impose a remedy under par. (d). The court shall hold a hearing on the request or motion not more than 30 days after the filing of the request or proposal. Not less than 7 days before the date of the hearing, the person requesting or proposing the review shall provide notice of the hearing to the child, his or her or parents, the guardian, and any other persons required by the court. A copy of the request or motion shall be attached to the notice.

SB560,37,22 (d) Remedies of the court. If after hearing the court finds by clear and convincing evidence cause as specified in par. (b) to order a remedy under this paragraph, the court may do any of the following:

SB560,37,23 1. Remove the guardian.

SB560,37,24 2. Remove the guardian and appoint a successor guardian.

SB560,38,3 3. Enter any other order that may be necessary or appropriate to compel the guardian to carry out the guardian's duties, including an order setting reasonable rules of visitation with the child.

SB560,38,4 4. Modify the duties and authority of the guardian.

SB560,38,7 5. Require the guardian to pay any costs of the proceeding, including costs of service and attorney fees, if the court finds that the guardian's conduct was egregious.

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.