SB560: Bill Text

SB560,42,20 48.977 (4) (cm) 1m. If a man who has been given notice under par. (c) 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.

SB560, s. 34 Section 34. 48.977 (4) (i) of the statutes is amended to read:

SB560,42,24 48.977 (4) (i) Effect of disposition on permanency plan review process. After a disposition under par. (h), the child's permanency plan shall continue to be reviewed under s. 48.38 (5) or 938.38 (5), if applicable required under s. 48.38 (2) or 938.38 (2).

SB560, s. 35 Section 35. 48.977 (6) (c) of the statutes is amended to read:

SB560,43,7 48.977 (6) (c) If a hearing is to be held, the court person requesting or proposing the revision shall notify the persons entitled to receive notice under sub. (4) (c) 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 revision if, at the hearing, the court finds that it has been proved by clear and convincing evidence that there has been a substantial change in circumstances and if the court determines that a revision would be in the best interests of the child.

SB560, s. 36 Section 36. 48.977 (7) (b) 3. of the statutes is amended to read:

SB560,43,17 48.977 (7) (b) 3. If a hearing is to be held, the court person requesting or proposing the removal shall notify the persons entitled to receive notice under sub. (4) (c) at least 7 days prior to the hearing of the date, place and purpose of the hearing. A copy of the request or court proposal shall be attached to the notice. The court shall remove the guardian for cause if, at the hearing, the court finds that it has been proved by clear and convincing evidence that the guardian is or has been neglecting, is or has been refusing or is or has been unable to discharge the guardian's trust and if the court determines that removal of the guardian would be in the best interests of the child.

SB560, s. 37 Section 37. 48.977 (7) (d) 3. of the statutes is amended to read:

SB560,44,2 48.977 (7) (d) 3. If a hearing is to be held, the court parent requesting the termination shall notify the persons entitled to receive notice under sub. (4) (c) at least 7 days prior to the hearing of the date, place and purpose of the hearing. A copy of the request shall be attached to the notice. The court shall terminate the guardianship if, at the hearing, the court finds that it has been proved by clear and convincing evidence that there has been a substantial change in circumstances since the last order affecting the guardianship was entered and the parent is willing and able to carry out the duties of a guardian and if the court determines that termination of the guardianship would be in the best interests of the child.

SB560, s. 38 Section 38. 48.977 (8) of the statutes is amended to read:

SB560,44,6 48.977 (8) Relationship to ch. 54 and ch. 880, 2003 stats other guardianship procedures. (a) This section does not abridge the duties or authority of a guardian appointed under s. 48.976, ch. 54, 2009 stats., or ch. 880, 2003 stats.

SB560,44,8 (b) Nothing in this section prohibits an individual from petitioning a court under ch. 54 s. 48.976 for appointment of a guardian.

SB560, s. 39 Section 39. 48.978 (2) (a) 1. of the statutes is amended to read:

SB560,44,18 48.978 (2) (a) 1. A parent who has legal custody of a child may file a petition for the judicial appointment of a standby guardian of the person or estate or both of the child under this subsection. A parent may include in the petition the nomination of an alternate standby guardian for the court to appoint if the person nominated as standby guardian is unfit, unwilling, or unable to serve as the child's guardian or if the court determines that appointment of the person nominated as standby guardian as the child's guardian is not in the best interests of the child. Subject to subds. 2. and 3., if a petition is filed under this subdivision, the petition shall be joined by each parent who has legal custody of the child.

SB560, s. 40 Section 40. 48.978 (2) (a) 2. of the statutes is amended to read:

SB560,44,24 48.978 (2) (a) 2. If a parent who has legal custody of a child cannot with reasonable diligence locate the other parent who has legal custody of the child, the parent may file a petition under subd. 1. without the that other parent joining in the petition and, if the parent filing the petition submits proof satisfactory to the court of that reasonable diligence, the court may grant the petition.

SB560, s. 41 Section 41. 48.978 (2) (a) 3. of the statutes is amended to read:

SB560,45,7 48.978 (2) (a) 3. If a parent who has legal custody of a child can locate the other parent who has legal custody of the child, but that other parent refuses fails to join in the petition or indicates to indicate that he or she is unwilling or unable fit, willing, and able to exercise the duty and authority of guardianship, the parent may file a petition under subd. 1. without the that other parent joining in the petition and, if the parent filing the petition submits proof satisfactory to the court of that refusal, unwillingness or inability failure, the court may grant the petition.

SB560, s. 42 Section 42. 48.978 (2) (b) 6. of the statutes is amended to read:

SB560,45,13 48.978 (2) (b) 6. A statement that the petitioner has a physical or mental impairment or a physical illness, disease, or injury and that that there is a significant risk that the petitioner will become incapacitated or debilitated or die, as applicable, within 2 years after the date on which the petition is filed as a result of that impairment, illness, disease, or injury and the factual basis for that statement.

SB560, s. 43 Section 43. 48.978 (2) (b) 7. of the statutes is amended to read:

SB560,45,19 48.978 (2) (b) 7. If a parent of the child cannot with reasonable diligence locate the other parent of the child, a statement that the child has no parent, other than the petitioner, who is fit, willing, and able to exercise the duties and authority of guardianship and who, with reasonable diligence, can be located and a statement of the efforts made to locate the other parent.

SB560, s. 44 Section 44. 48.978 (2) (b) 8. of the statutes is amended to read:

SB560,46,4 48.978 (2) (b) 8. If a parent of the child can locate the other parent who has legal custody of the child, but that other parent refuses fails to join in the petition or indicates to indicate that he or she is unwilling or unable fit, willing, and able to exercise the duty and authority of guardianship, a statement that the child has no parent, other than the petitioner, who is fit, willing , and able to exercise the duty and authority of guardianship and a statement that the nonpetitioning parent has refused has failed to join in the petition or has indicated to indicate that he or she is unwilling or unable fit, willing, and able to exercise the duty and authority of guardianship.

SB560, s. 45 Section 45. 48.978 (2) (b) 10. of the statutes is amended to read:

SB560,46,8 48.978 (2) (b) 10. 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. 46 Section 46. 48.978 (2) (b) 11. of the statutes is amended to read:

SB560,46,13 48.978 (2) (b) 11. 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. 47 Section 47. 48.978 (2) (d) 1m. of the statutes is created to read:

SB560,46,17 48.978 (2) (d) 1m. If a man who has been given notice under par. (c) 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.

SB560, s. 48 Section 48. 48.978 (2) (e) 1. of the statutes is amended to read:

SB560,46,23 48.978 (2) (e) 1. Whether the petitioner has a physical or mental impairment or a physical illness, disease, or injury and there is a significant risk that the petitioner will become incapacitated or debilitated or die within 2 years after the date on which the petition was filed as a result of that impairment, illness, disease, or injury.

SB560, s. 49 Section 49. 48.978 (2) (e) 2. of the statutes is amended to read:

SB560,47,2 48.978 (2) (e) 2. Whether the child has any parent, other than the petitioner, who is fit, willing, and able to exercise the duty and authority of guardianship.

SB560, s. 50 Section 50. 48.978 (2) (e) 4. of the statutes is repealed.

SB560, s. 51 Section 51. 48.978 (2) (f) 1. of the statutes is amended to read:

SB560,47,8 48.978 (2) (f) 1. That the petitioner has a physical or mental impairment or a physical illness, disease, or injury and there is a significant risk that the petitioner will become incapacitated or debilitated or die within 2 years after the date on which the petition was filed as a result of that impairment, illness, disease, or injury.

SB560, s. 52 Section 52. 48.978 (2) (f) 2. of the statutes is amended to read:

SB560,47,11 48.978 (2) (f) 2. That the child has no parent, other than the petitioner, who is fit, willing, and able to exercise the duty and authority of guardianship.

SB560, s. 53 Section 53. 48.978 (2) (f) 4. of the statutes is repealed.

SB560, s. 54 Section 54. 48.978 (2) (f) 5. of the statutes is amended to read:

SB560,47,17 48.978 (2) (f) 5. That the person nominated as standby guardian is fit, willing, and able to act as standby guardian or, if that person is not so fit, willing, and able, that the person nominated as alternate standby guardian is fit, willing, and able to act as standby guardian.

SB560, s. 55 Section 55. 48.978 (3) (b) 2. of the statutes is amended to read:

SB560,47,20 48.978 (3) (b) 2. A written designation of a standby guardian complies with this subsection if the written designation substantially conforms to the following form:

SB560,47,21 Designation of standby guardian

SB560,47,24 I, .... (name and address of parent), being of sound mind, do hereby designate .... (name and address of standby guardian) as standby guardian of the person and estate of my child(ren) .... (name(s), birth date(s) and address(es) of child(ren)).

SB560,48,3 (You may, if you wish, provide that the duty and authority of the standby guardian shall extend only to the person, or only to the estate, of your child(ren), by crossing out "person and" or "and estate", whichever is inapplicable, above.)

SB560,48,5 The duty and authority of the standby guardian shall begin on one of the following events, whichever occurs first:

SB560,48,6 1. I die.

SB560,48,8 2. My doctor determines that I am mentally incapacitated, and thus unable to care for my child(ren).

SB560,48,11 3. My doctor determines that I am physically debilitated, and thus unable to care for my child(ren), and I consent in writing, before 2 witnesses, to the standby guardian's duty and authority taking effect.

SB560,48,14 If the person I designate above is unfit, unwilling , or unable to act as standby guardian for my child(ren), I hereby designate .... (name and address of alternate standby guardian) as standby guardian for my child(ren).

SB560,48,18 I also understand that the duty and authority of the standby guardian designated above will end 180 days after the day on which that duty and authority begin if the standby guardian does not petition the court within those 180 days for an order appointing him or her as standby guardian.

SB560,48,24 I understand that I retain full parental rights over my child(ren) even after the beginning of the standby guardianship, that I may revoke the standby guardianship at any time before the standby guardianship begins, that I may revoke the standby guardianship at any time after the standby guardianship begins, subject to the approval of the court, and that the standby guardianship will be suspended on my recovery or remission from my incapacity or debilitation.

SB560,48,25 Signature.... Date ....

SB560,49,1 Statement of witnesses

SB560,49,7 I declare that the person whose name appears above signed this document in my presence, or was physically unable to sign the document and asked another person 18 years of age or over to sign the document, who did so in my presence, and that I believe the person whose name appears above to be of sound mind. I further declare that I am 18 years of age or over and that I am not the person designated as standby guardian or alternate standby guardian.

SB560,49,8 Witness No. 1:

SB560,49,9 (print) Name ... Date ....

SB560,49,10 Address ....

SB560,49,11 Signature ....

SB560,49,12 Witness No. 2:

SB560,49,13 (print) Name .... Date ....

SB560,49,14 Address ....

SB560,49,15 Signature ....

SB560,49,17 Statement of standby guardian and alternate standby guardian

SB560,50,8 I .... (name and address of standby guardian), and I, .... (name and address of alternate standby guardian), understand that .... (name of parent) has designated me to be the standby guardian or alternate standby guardian of the person and estate (cross out "person and" or "and estate", if inapplicable) of his or her child(ren) if he or she dies, becomes mentally incapacitated, or becomes physically debilitated and consents, to my duty and authority taking effect. I hereby declare that I am fit, willing, and able to undertake the duty and authority of standby guardianship and I understand that within 180 days after that duty and authority begin I must petition the court for an order appointing me as standby guardian. I further understand that .... (name of parent) retains full parental rights over his or her child(ren) even after the beginning of the standby guardianship, that he or she may revoke the standby guardianship at any time before the standby guardianship begins, that he or she may revoke the standby guardianship at any time after the standby guardianship begins, subject to the approval of the court, and that the standby guardianship will be suspended on his or her recovery or remission from his or her incapacity or debilitation.

SB560,50,9 Standby guardian's signature .... Date ....

SB560,50,10 Address ....

SB560,50,11 Alternate standby guardian' signature .... Date ....

SB560,50,12 Address ....

SB560, s. 56 Section 56. 48.978 (3) (e) 1. of the statutes is amended to read:

SB560,50,18 48.978 (3) (e) 1. The written designation under par. (a) signed or consented to by each parent of the child or, if a parent cannot with reasonable diligence be located or has refused failed to consent to the designation, the written designation under par. (a) signed by one parent and a statement of the efforts made to find the other parent or of the fact that the other parent has refused failed to consent to the designation.

SB560, s. 57 Section 57. 48.978 (3) (e) 3. of the statutes is amended to read:

SB560,50,23 48.978 (3) (e) 3. If the petition is filed by a person who has been designated as an alternate standby guardian, a statement that the person designated as standby guardian is unfit, unwilling, or unable to act as standby guardian and the factual basis for that statement.

SB560, s. 58 Section 58. 48.978 (3) (g) 3. of the statutes is amended to read:

SB560,51,2 48.978 (3) (g) 3. That the child has no parent who is fit, willing, and able to exercise the duty and authority of guardianship.

SB560, s. 59 Section 59. 48.978 (3) (g) 4. of the statutes is amended to read:

SB560,51,6 48.978 (3) (g) 4. That, if a parent cannot be located, the petitioner has made diligent efforts to locate that parent or, if a parent has refused to consent to the designation of the standby guardian, the consent was unreasonably withheld.

SB560, s. 60 Section 60. 48.978 (3) (g) 5. of the statutes is amended to read:

SB560,51,10 48.978 (3) (g) 5. That, if the petitioner is a person designated as an alternate standby guardian, the person designated as standby guardian is unfit, unwilling, or unable to act as standby guardian.

SB560, s. 61 Section 61. 48.978 (7) of the statutes is amended to read:

SB560,51,15 48.978 (7) Relationship to ch. 54 other guardianship procedures. (a) Except when a different right, remedy, or procedure is provided under this section, the rights, remedies, and procedures provided in s. 48.976 or ch. 54, whichever is applicable, shall govern a standby guardianship created under this section.

SB560,51,17 (b) This section does not abridge the duties or authority of a guardian appointed under s. 48.976, ch. 880, 2003 stats., or ch. 54.

SB560,51,20 (c) Nothing in this section prohibits an individual from petitioning a court for the appointment of a guardian of the person under s. 48.976 or a guardian of the estate under ch. 54.

SB560, s. 62 Section 62. 48.981 (7) (a) 11v. of the statutes is created to read:

SB560,52,3 48.981 (7) (a) 11v. A guardian ad litem for a child who is the subject of a guardianship proceeding under s. 48.976 to the extent necessary for the guardian ad litem to make recommendations to the court concerning the best interests of the child, to report to the court concerning the suitability of the proposed guardian to serve as guardian of the child and on any other matter that the court requests, and otherwise to fulfill the duties and responsibilities required of the guardian ad litem in the proceeding.

SB560, s. 63 Section 63. 49.32 (1) (am) of the statutes is amended to read:

SB560,52,8 49.32 (1) (am) Paragraph (a) does not prevent the department or a county department under s. 46.22 or 46.23 from charging and collecting the cost of adoptive placement investigations and child care as authorized under s. 48.837 (7) or the cost of guardianship investigations as authorized under s. 48.976 (3) (d) 2.