SB560: Bill Text

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.

SB560, s. 64 Section 64. 51.30 (4) (b) 18. a. of the statutes is amended to read:

SB560,52,15 51.30 (4) (b) 18. a. In this subdivision, "abuse" has the meaning given in s. 51.62 (1) (ag); "neglect" has the meaning given in s. 51.62 (1) (br); and "parent" has the meaning given in s. 48.02 (13), except that "parent" does not include the parent of a minor whose custody is transferred to a legal custodian, as defined in s. 48.02 (11), or for whom a guardian is appointed under, or s. 48.976 or 54.10 or s. 880.33, 2003 stats.

SB560, s. 65 Section 65. 51.30 (4) (b) 18. c. of the statutes is amended to read:

SB560,53,7 51.30 (4) (b) 18. c. If the patient, regardless of age, has a guardian appointed under s. 48.976 or 54.10 or s. 880.33, 2003 stats., or if the patient is a minor with developmental disability who has a parent or has a guardian appointed under s. 48.831 and does not have a guardian appointed under s. 48.976 or 54.10 or s. 880.33, 2003 stats., information concerning the patient that is obtainable by staff members of the agency or nonprofit corporation with which the agency has contracted is limited, except as provided in subd. 18. e., to the nature of an alleged rights violation, if any; the name, birth date and county of residence of the patient; information regarding whether the patient was voluntarily admitted, involuntarily committed or protectively placed and the date and place of admission, placement or commitment; and the name, address and telephone number of the guardian of the patient and the date and place of the guardian's appointment or, if the patient is a minor with developmental disability who has a parent or has a guardian appointed under s. 48.831 and does not have a guardian appointed under s. 48.976 or 54.10 or s. 880.33, 2003 stats., the name, address and telephone number of the parent or guardian appointed under s. 48.831 of the patient.

SB560, s. 66 Section 66. 54.01 (10) of the statutes is amended to read:

SB560,53,12 54.01 (10) "Guardian" means a person appointed by a court under s. 54.10 to manage the income and assets and provide for the essential requirements for health and safety and the personal needs of a minor, an individual found incompetent, or a spendthrift or to manage the income and assets of a minor.

SB560, s. 67 Section 67. 54.10 (1) of the statutes is amended to read:

SB560,53,18 54.10 (1) A court may appoint a guardian of the person or a guardian of the estate, or both, for an individual if the court determines that the individual is a minor. Except as provided in ss. 48.831, 48.977, and 48.978, an appointment of a guardian of the person of a minor shall be conducted under the procedures specified in s. 48.976.

SB560, s. 68 Section 68. 54.52 (1) of the statutes is amended to read:

SB560,54,2 54.52 (1) A person may at any time bring a petition for the appointment of a standby guardian of the person or estate of an individual who is determined under s. 54.10 to be incompetent, a minor, or a spendthrift or for the appointment of a standby guardian of the estate of a minor, except that, as specified in s. 48.97 48.978, a petition for the appointment of a standby guardian of the person or property estate, or both, of a minor to assume the duty and authority of guardianship on the incapacity, death, or debilitation and consent, of the minor's parent may shall be brought under s. 48.978.

SB560, s. 69 Section 69. 54.56 of the statutes is renumbered 48.976 (11) and amended to read:

SB560,54,7 48.976 (11) Visitation by a minor's child's grandparents and stepparents. (a) In this section subsection, "stepparent" means the surviving spouse of a deceased parent of a minor child, whether or not the surviving spouse has remarried.

SB560,54,18 (b) If one or both parents of a minor child are deceased and the minor child is in the custody of the surviving parent or any other person, a grandparent or stepparent of the minor child may petition for visitation privileges with respect to the minor child, whether or not the person with custody is married. The grandparent or stepparent may file the petition in a guardianship or temporary guardianship proceeding under this chapter section that affects the minor child or may file the petition to commence an independent action under this chapter subsection. Except as provided in sub. (3m) par. (cm), the court may grant reasonable visitation privileges to the grandparent or stepparent if the surviving parent or other person who has custody of the minor child has notice of the hearing and if the court determines that visitation is in the best interest of the minor child.

SB560,54,20 (c) Whenever possible, in making a determination under sub. (2) par. (b), the court shall consider the wishes of the minor child.

SB560,55,2 (cm) 1. Except as provided in par. (b) subd. 2., the court may not grant visitation privileges to a grandparent or stepparent under this section subsection if the grandparent or stepparent has been convicted under s. 940.01 of the first-degree intentional homicide, or under s. 940.05 of the 2nd-degree intentional homicide, of a parent of the minor child, and the conviction has not been reversed, set aside, or vacated.

SB560,55,6 2. Paragraph (a) Subdivision 1. does not apply if the court determines by clear and convincing evidence that the visitation would be in the best interests of the minor child. The court shall consider the wishes of the minor child in making the determination.

SB560,55,9 (d) The court may issue any necessary order to enforce a visitation order that is granted under this section subsection, and may from time to time modify the visitation privileges or enforcement order for good cause shown.

SB560,55,17 (dm) 1. If a grandparent or stepparent granted visitation privileges with respect to a minor child under this section subsection is convicted under s. 940.01 of the first-degree intentional homicide, or under s. 940.05 of the 2nd-degree intentional homicide, of a parent of the minor child, and the conviction has not been reversed, set aside, or vacated, the court shall modify the visitation order by denying visitation with the minor child upon petition, motion, or order to show cause by a person having custody of the minor child, or upon the court's own motion, and upon notice to the grandparent or stepparent granted visitation privileges.

SB560,55,21 2. Paragraph (a) Subdivision 1. does not apply if the court determines by clear and convincing evidence that the visitation would be in the best interests of the minor child. The court shall consider the wishes of the minor child in making the determination.

SB560,55,24 (e) This section subsection applies to every minor child in this state whose parent or parents are deceased, regardless of the date of death of the parent or parents.

SB560, s. 70 Section 70. 54.57 of the statutes is renumbered 48.976 (12) and amended to read:

SB560,56,10 48.976 (12) Prohibiting visitation or physical placement if a parent kills other parent. (a) Except as provided in sub. (2), in an action under this chapter that affects a minor par. (b), a court may not grant to a parent of the minor a child who is the subject of a proceeding under this section visitation or physical placement rights with the minor child if the parent has been convicted under s. 940.01 of the first-degree intentional homicide, or under s. 940.05 of the 2nd-degree intentional homicide, of the minor's child's other parent, and the conviction has not been reversed, set aside, or vacated.

SB560,56,14 (b) Subsection (1) Paragraph (a) does not apply if the court determines by clear and convincing evidence that visitation or periods of physical placement would be in the best interests of the minor child. The court shall consider the wishes of the minor child in making the determination.

SB560, s. 71 Section 71. 55.03 (1) of the statutes is amended to read:

SB560,56,19 55.03 (1) Agency as both guardian and provider prohibited. No agency acting as a guardian appointed under s. 48.976, ch. 880, 2003 stats., or ch. 54, 2009 stats., may be a provider of protective services or protective placement for its ward under this chapter.

SB560, s. 72 Section 72. 55.08 (1) (b) of the statutes is amended to read:

SB560,56,24 55.08 (1) (b) The individual is a minor 14 years of age or over who is not alleged to have a developmental disability and on whose behalf a petition for guardianship has been submitted, or is an adult who has been determined to be incompetent by a circuit court.

SB560, s. 73 Section 73. 55.08 (2) (a) of the statutes is amended to read:

SB560,57,3 55.08 (2) (a) The individual has been determined to be incompetent by a circuit court or is a minor 14 years of age or over who is alleged to have a developmental disability and on whose behalf a petition for a guardianship has been submitted.

SB560, s. 74 Section 74. 55.10 (4) (intro.) of the statutes is amended to read:

SB560,57,10 55.10 (4) Rights. (intro.) Sections 54.42, 54.44, and 54.46 and the following provisions apply to all hearings under this chapter involving protective placement or protective services for an adult, and the following provisions apply to all hearings under this chapter involving protective placement or protective services for a minor, except transfers of placement under s. 55.15 and summary hearings under ss. 55.18 (3) (d) and 55.19 (3) (d):

SB560, s. 75 Section 75. 115.76 (12) (b) 2. of the statutes is amended to read:

SB560,57,15 115.76 (12) (b) 2. The state, a county, or a child welfare agency, if a child was made a ward of the state, county, or child welfare agency under ch. 54, 2009 stats., or ch. 880, 2003 stats., or if a child has been placed in the legal custody or guardianship of the state, county, or child welfare agency under ch. 48 or ch. 767.

SB560, s. 76 Section 76. 118.125 (2) (L) of the statutes is amended to read:

SB560,57,20 118.125 (2) (L) A school board shall disclose the pupil records of a pupil in compliance with a court order under s. 48.235 (3) (c) 5., 48.236 (4) (a), 48.345 (12) (b), 938.34 (7d) (b), 938.396 (1) (d), or 938.78 (2) (b) 2. after making a reasonable effort to notify the pupil's parent or legal guardian.

SB560, s. 77 Section 77. 146.82 (2) (a) 9. a. of the statutes is amended to read:

SB560,58,2 146.82 (2) (a) 9. a. In this subdivision, "abuse" has the meaning given in s. 51.62 (1) (ag); "neglect" has the meaning given in s. 51.62 (1) (br); and "parent" has the meaning given in s. 48.02 (13), except that "parent" does not include the parent of a minor whose custody is transferred to a legal custodian, as defined in s. 48.02 (11), or for whom a guardian is appointed under s. 48.976 or 54.10 or s. 880.33, 2003 stats.

SB560, s. 78 Section 78. 146.82 (2) (a) 9. c. of the statutes is amended to read:

SB560,58,19 146.82 (2) (a) 9. c. If the patient, regardless of age, has a guardian appointed under s. 48.976 or 54.10 or s. 880.33, 2003 stats., or if the patient is a minor with developmental disability, as defined in s. 51.01 (5) (a), who has a parent or has a guardian appointed under s. 48.831 and does not have a guardian appointed under s. 48.976 or 54.10 or s. 880.33, 2003 stats., information concerning the patient that is obtainable by staff members of the agency or nonprofit corporation with which the agency has contracted is limited, except as provided in subd. 9. e., to the nature of an alleged rights violation, if any; the name, birth date and county of residence of the patient; information regarding whether the patient was voluntarily admitted, involuntarily committed or protectively placed and the date and place of admission, placement or commitment; and the name, address and telephone number of the guardian of the patient and the date and place of the guardian's appointment or, if the patient is a minor with developmental disability who has a parent or has a guardian appointed under s. 48.831 and does not have a guardian appointed under s. 48.976 or 54.10 or s. 880.33, 2003 stats., the name, address and telephone number of the parent or guardian appointed under s. 48.831 of the patient.

SB560, s. 79 Section 79. 214.37 (4) (k) 1. of the statutes is amended to read:

SB560,59,2 214.37 (4) (k) 1. An affidavit stating that the person has standing under s. 867.01 (3) (ac) or 867.02 (2) (ac) to petition for summary settlement or assignment of a decedent's estate or that the person is an heir of the decedent, or was guardian, as defined in s. 54.01 (10) or s. 880.01 (3), 2003 stats., of the estate of the decedent at the time of the decedent's death, and may obtain transfer of property of a decedent under s. 867.03.

SB560, s. 80 Section 80. 215.26 (8) (e) 1. of the statutes is amended to read:

SB560,59,9 215.26 (8) (e) 1. Submits an affidavit stating that the person has standing under s. 867.01 (3) (ac) or 867.02 (2) (ac) to petition for summary settlement or assignment of a decedent's estate or that the person is an heir of the decedent, or was guardian, as defined in s. 54.01 (10) or s. 880.01 (3), 2003 stats., of the estate of the decedent at the time of the decedent's death, and may obtain transfer of property of a decedent under s. 867.03; and

SB560, s. 81 Section 81. 757.69 (1m) (e) of the statutes is amended to read:

SB560,59,12 757.69 (1m) (e) Conduct hearings, make findings, or issue orders in proceedings under s. 48.976, 48.977, or 48.978.

SB560, s. 82 Section 82. 808.075 (4) (a) 9m. of the statutes is created to read:

SB560,59,14 808.075 (4) (a) 9m. Review of the conduct of a guardian under s. 48.976 (9).

SB560, s. 83 Section 83. 808.075 (4) (a) 11. of the statutes is amended to read:

SB560,59,17 808.075 (4) (a) 11. Termination of guardianship under s. 48.976 (10) or 48.977 (7), including removal of a guardian.

SB560, s. 84 Section 84. 808.075 (4) (a) 13. of the statutes is created to read:

SB560,59,19 808.075 (4) (a) 13. Appointment of a successor guardian under s. 48.976 (7).

SB560, s. 85 Section 85. 808.075 (4) (f) 3. of the statutes is renumbered 808.075 (4) (a) 14. and amended to read:

SB560,59,22 808.075 (4) (a) 14. Order for visitation under s. 54.56 48.976 (11).

SB560, s. 86 Section 86. 814.66 (1) (m) of the statutes is amended to read:

SB560,60,3 814.66 (1) (m) For filing a petition under s. 54.56 48.976 (11), whether in a guardianship or temporary guardianship proceeding or to commence an independent action, $60.

SB560, s. 87 Section 87. 938.02 (8) of the statutes is amended to read:

SB560,60,6 938.02 (8) "Guardian" means the person named by the court having the duty and authority of guardianship guardian of the person of a juvenile.

SB560, s. 88 Section 88. 938.255 (1) (cm) of the statutes is amended to read:

SB560,60,12 938.255 (1) (cm) If the petition is initiating proceedings under s. 938.13 (4), (6), (6m), or (7), whether the juvenile may be subject to s. 938.028 or the federal Indian Child Welfare Act, 25 USC 1901 to 1963, and, if the juvenile may be subject to s. 938.028 or that act, the names and addresses of the juvenile's Indian custodian, if any, and Indian tribe, if known.

SB560, s. 89 Section 89. 938.34 (3) (a) of the statutes is amended to read:

SB560,60,21 938.34 (3) (a) The home of a parent or , other relative, or guardian of the juvenile, except that the court may not designate the home of a parent or, other relative, or guardian of the juvenile as the juvenile's placement if the parent or, other relative, or guardian has been convicted of the homicide of a parent of the juvenile under s. 940.01 or 940.05, and the conviction has not been reversed, set aside, or vacated, unless the court determines by clear and convincing evidence that the placement would be in the best interests of the juvenile. The court shall consider the wishes of the juvenile in making that determination.

SB560, s. 90 Section 90. 938.34 (3) (c) of the statutes is amended to read:

SB560,60,24 938.34 (3) (c) A foster home licensed under s. 48.62 or, a group home licensed under s. 48.625, or the home of a guardian under s. 48.977 (2).

SB560, s. 91 Section 91. 938.345 (1) (e) of the statutes is amended to read:

SB560,61,4 938.345 (1) (e) Place any juvenile not found under ch. 880, 2003 stats., or ch. 46, 48, 49, 51, 54, or 115 to have a developmental disability or a mental illness or to be a child with a disability, as defined in s. 115.76 (5), in a facility that exclusively treats one or more of those categories of juveniles.

SB560, s. 92 Section 92. 938.345 (4) of the statutes is repealed.

SB560, s. 93 Section 93. 938.355 (6) (an) 1. of the statutes is amended to read:

SB560,61,21 938.355 (6) (an) 1. If a juvenile who has violated a municipal ordinance, other than an ordinance enacted under s. 118.163 (1m) or (2), violates a condition of a dispositional order imposed by the municipal court, the municipal court may petition the court assigned to exercise jurisdiction under this chapter and ch. 48 to impose on the juvenile the sanction under par. (d) 1. or the sanction under par. (d) 3., with monitoring by an electronic monitoring system. A sanction may be imposed under this subdivision only if, at the time of the judgment, the municipal court explained the conditions to the juvenile and informed the juvenile of those possible sanctions for a violation or if before the violation the juvenile has acknowledged in writing that he or she has read, or has had read to him or her, those conditions and possible sanctions and that he or she understands those conditions and possible sanctions. The petition shall contain a statement of whether the juvenile may be subject to s. 938.028 or the federal Indian Child Welfare Act, 25 USC 1901 to 1963, and, if the juvenile may be subject to s. 938.028 or that act, the names and addresses of the juvenile's Indian custodian, if any, and tribe, if known.

SB560, s. 94 Section 94. 938.355 (6) (b) of the statutes is amended to read:

SB560,62,8 938.355 (6) (b) Motion to impose sanction. A motion for imposition of a sanction may be brought by the person or agency primarily responsible for the provision of dispositional services, the district attorney or corporation counsel, or the court that entered the dispositional order. If the court initiates the motion, that court is disqualified from holding a hearing on the motion. Notice of the motion shall be given to the juvenile, guardian ad litem, counsel, parent, guardian, legal custodian, and all parties present at the original dispositional hearing. The motion shall contain a statement of whether the juvenile may be subject to s. 938.028 or the federal Indian Child Welfare Act, 25 USC 1901 to 1963 and, if the juvenile may be subject to s. 938.028 or that act, the names and addresses of the juvenile's Indian custodian, if any, and tribe, if known.

SB560, s. 95 Section 95. 938.355 (6m) (am) 1. of the statutes is amended to read:

SB560,62,23 938.355 (6m) (am) 1. If a juvenile who has violated a municipal ordinance enacted under s. 118.163 (2) violates a condition of a dispositional order imposed by the municipal court, the municipal court may petition the court assigned to exercise jurisdiction under this chapter and ch. 48 to impose on the juvenile the sanction specified in par. (a) 1g. A sanction may be imposed under this subdivision only if, at the time of the judgment the municipal court explained the conditions to the juvenile and informed the juvenile of that possible sanction or if before the violation the juvenile has acknowledged in writing that he or she has read, or has had read to him or her, those conditions and that possible sanction and that he or she understands those conditions and that possible sanction. The petition shall contain a statement of whether the juvenile may be subject to s. 938.028 or the federal Indian Child Welfare Act, 25 USC 1901 to 1963, and, if the juvenile may be subject to s. 938.028 or that act, the names and addresses of the juvenile's Indian custodian, if any, and tribe, if known.

SB560, s. 96 Section 96. Nonstatutory provisions.