48.977(4)(c)1.g.
g. The relative with whom the child is placed if the relative is nominated as the guardian of the child in the petition.
48.977(4)(c)1.i.
i. The agency primarily responsible for providing services to the child under a court order.
48.977(4)(c)2.
2. 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.
48.977(4)(cm)1.1. A hearing to determine whether any party wishes to contest a petition filed under
par. (a) shall take place on a date which 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. Before accepting a plea of no contest to the allegations in the petition, the court shall do all of the following:
48.977(4)(cm)1.a.
a. Address the parties present and determine that the plea is made voluntarily and with understanding of the nature of the facts alleged in the petition, the nature of the potential disposition and the nature of the legal consequences of that disposition.
48.977(4)(cm)1.b.
b. Establish whether any promises or threats were made to elicit the plea of no contest and alert all unrepresented parties to the possibility that an attorney may discover grounds to contest the petition that would not be apparent to those parties.
48.977(4)(cm)1.c.
c. Make inquiries to establish to the satisfaction of the court that there is a factual basis for the plea of no contest.
48.977(4)(cm)2.
2. If the petition is not contested and if the court accepts the plea of no contest, the court may immediately proceed to a dispositional hearing under
par. (f) [(fm)], unless an adjournment is requested. If a party requests an adjournment, the court shall set a date for the dispositional hearing which allows reasonable time for the parties to prepare but is no more than 30 days after the plea hearing.
48.977 Note
NOTE: The bracketed language indicates the correct cross-reference. Corrective legislation is pending.
48.977(4)(cm)3.
3. If the petition is contested or if the court does not accept the plead of no contest, the court shall set a date for a fact-finding hearing under
par. (d) which allows reasonable time for the parties to prepare but is not more than 30 days after the plea hearing.
48.977(4)(d)
(d) Fact-finding hearing. The court shall hold a fact-finding hearing on the petition on the date set by the court under
par. (cm) 3., at which any party may present evidence relevant to the issue of whether the conditions specified in
sub. (2) (a) to
(f) have been met. If the court, at the conclusion of the fact-finding hearing, finds by clear and convincing evidence that the conditions specified in
sub. (2) (a) to
(f) have been met, the court shall immediately proceed to a dispositional hearing unless an adjournment is requested. If a party requests an adjournment, the court shall set a date for the dispositional hearing which allows reasonable time for the parties to prepare but is no more than 30 days after the fact-finding hearing.
48.977(4)(e)
(e) Court report. The court shall order the person or agency primarily responsible for providing services to the child under a court order to file with the court a report containing the written summary under
s. 48.38 (5) (e) and as much information relating to the appointment of a guardian as is reasonably ascertainable. The agency shall file the report at least 48 hours before the date of the dispositional hearing under
par. (f) [
par. (fm)].
48.977 Note
NOTE: The bracketed language indicates the correct cross-reference. Corrective legislation is pending.
48.977(4)(fm)
(fm) Dispositional hearing. The court shall hold a dispositional hearing on the petition at the time specified or set by the court under
par. (cm) 2. or
(d), at which any party may present evidence, including expert testimony, relevant to the disposition.
48.977(4)(g)
(g) Dispositional factors. In determining the appropriate disposition under this section, the best interests of the child shall be the prevailing factor to be considered by the court. In making a decision about the appropriate disposition, the court shall consider any report submitted under
par. (e) and shall consider, but not be limited to, all of the following:
48.977(4)(g)1.
1. Whether the relative would be a suitable guardian of the child.
48.977(4)(g)2.
2. The willingness and ability of the relative to serve as the child's guardian for an extended period of time or until the child attains the age of 18 years.
48.977(4)(h)
(h) Disposition. After receiving any evidence relating to the disposition, the court shall enter one of the following dispositions within 10 days after the dispositional hearing:
48.977(4)(h)1.
1. A disposition dismissing the petition if the court determines that appointment of the relative as the child's guardian is not in the best interests of the child.
48.977(4)(h)2.
2. A disposition ordering that the relative with whom the child has been placed be appointed as the child's guardian under
sub. (5) (a) or limited guardian under
sub. (5) (b), if the court determines that such an appointment is in the best interests of the child.
48.977(4)(i)
(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), if applicable.
48.977(5)
(5) Duties and authority of guardian. 48.977(5)(a)(a)
Full guardianship. Unless limited under
par. (b), a guardian appointed under
sub. (2) shall have all of the duties and authority specified in
s. 48.023.