48.978(2)(b)6.
6. A statement 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 and the factual basis for that statement.
48.978(2)(b)7.
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 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.
48.978(2)(b)8.
8. If a parent of the child can locate the other parent of the child, but that other parent refuses to join in the petition or indicates that he or she is unwilling or unable to exercise the duty and authority of guardianship, a statement that the child has no parent, other than the petitioner, who is willing and able to exercise the duty and authority of guardianship and a statement that the nonpetitioning parent has refused to join in the petition or has indicated that he or she is unwilling or unable to exercise the duty and authority of guardianship.
48.978(2)(b)9.
9. A description of the child's income and assets, if any.
48.978(2)(b)10.
10. A statement of whether the proceedings are subject to the Uniform Child Custody Jurisdiction and Enforcement Act under
ch. 822.
48.978(2)(b)11.
11. A statement of whether the child may be subject to the federal Indian Child Welfare Act,
25 USC 1901 to
1963, and, if the child may be subject to that act, the names and addresses of the child's Indian custodian, if any, and Indian tribe, if known.
48.978(2)(c)1.1. The petitioner shall cause the petition and notice of the time and place of the hearing under
par. (d) to be served on all of the following persons:
48.978(2)(c)1.e.
e. The child's other parent, if that parent has not joined in the petition and if that parent can with reasonable diligence be located.
48.978(2)(c)1.g.
g. The person who is nominated as the standby guardian of the child in the petition and, if an alternate standby guardian is nominated in the petition, the person who is nominated as the alternate standby guardian.
48.978(2)(c)2.
2. Service shall be made by certified mail at least 7 days before the hearing or by personal service in the same manner as a summons is served under
s. 801.11 (1) (a) or
(b) at least 7 days before the hearing or, if with reasonable diligence a party specified in
subd. 1. cannot be served by mail or by personal or substituted 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.
48.978(2)(d)1.1. A hearing to determine whether any party wishes to contest a petition filed under
par. (a) shall take place on a date that allows reasonable time for the parties to prepare but is no more than 30 days after the filing of the petition. At the hearing, the nonpetitioning parties and the child, if he or she is 12 years of age or over or is otherwise competent to do so, shall state whether they wish to contest the petition.
48.978(2)(d)2.
2. If the petition is not contested, the court may immediately proceed to a dispositional hearing under
par. (g), unless an adjournment is requested under
par. (g).
48.978(2)(d)3.
3. If the petition is contested, the court shall set a date for a fact-finding hearing under
par. (e) that allows reasonable time for the parties to prepare but is no more than 30 days after the plea hearing.
48.978(2)(e)
(e)
Fact-finding hearing. The court shall hold a fact-finding hearing on the petition on the date set by the court under
par. (d) 3. at which any party may present evidence relevant to any of the following issues:
48.978(2)(e)1.
1. Whether 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.
48.978(2)(e)2.
2. Whether the child has any parent, other than the petitioner, who is willing and able to exercise the duty and authority of guardianship.
48.978(2)(e)3.
3. If a parent cannot be located, whether the petitioner has made diligent efforts to locate that parent.
48.978(2)(e)4.
4. If a parent has refused to join in the petition, whether that refusal is unreasonable.
48.978(2)(f)
(f)
Required findings by court. If the court, at the conclusion of the fact-finding hearing, makes all of the following findings by clear and convincing evidence, the court shall immediately proceed to a dispositional hearing unless an adjournment is requested under
par. (g):
48.978(2)(f)1.
1. That 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.
48.978(2)(f)2.
2. That the child has no parent, other than the petitioner, who is willing and able to exercise the duty and authority of guardianship.
48.978(2)(f)3.
3. That, if a parent cannot be located, the petitioner has made diligent efforts to locate that parent.