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AB47,5,82 48.09 (5) By the district attorney or, if designated by the county board of
3supervisors, by the corporation counsel, in any matter arising under s. 48.13, 48.133,
4or 48.977 or, if applicable, s. 48.9795. If the county board transfers this authority to
5or from the district attorney on or after May 11, 1990, the board may do so only if the
6action is effective on September 1 of an odd-numbered year and the board notifies
7the department of administration of that change by January 1 of that odd-numbered
8year.
AB47,2 9Section 2 . 48.14 (2) (b) of the statutes is amended to read:
AB47,5,1310 48.14 (2) (b) The appointment and removal of a guardian of the person for a
11child under ss. 48.427, 48.43, 48.831, 48.832, 48.839 (4) (a), 48.977, and 48.978, and
12ch. 54 48.9795 and for a child found to be in need of protection or services under s.
1348.13 because the child is without parent or guardian.
AB47,3 14Section 3 . 48.14 (11) of the statutes is amended to read:
AB47,5,1515 48.14 (11) Granting visitation privileges under s. 54.56 48.9795 (12).
AB47,4 16Section 4 . 48.15 of the statutes is amended to read:
AB47,6,7 1748.15 Jurisdiction of other courts to determine legal custody. Except
18as provided in s. ss. 48.028 (3) and 48.9795 (2) (b) 2., nothing in this chapter deprives
19another court of the right to determine the legal custody of a child by habeas corpus

1or to determine the legal custody or guardianship of a child if the legal custody or
2guardianship is incidental to the determination of an action pending in that court.
3Except as provided in s. 48.028 (3), the jurisdiction of the court assigned to exercise
4jurisdiction under this chapter and ch. 938 is paramount in all cases involving
5children alleged to come within the provisions of ss. 48.13 and 48.14 and unborn
6children and their expectant mothers alleged to come within the provisions of ss.
748.133 and 48.14 (5).
AB47,5 8Section 5 . 48.235 (1) (c) of the statutes is amended to read:
AB47,6,129 48.235 (1) (c) The court shall appoint a guardian ad litem for any child who is
10the subject of a proceeding to terminate parental rights, whether voluntary or
11involuntary, for a child who is the subject of a contested adoption proceeding, and for
12a child who is the subject of a proceeding under s. 48.977 or, 48.978, or 48.9795.
AB47,6 13Section 6 . 48.255 (1) (intro.) of the statutes is amended to read:
AB47,6,1614 48.255 (1) (intro.) A petition initiating proceedings under this chapter, other
15than a petition under s. 48.133 or 48.9795, shall be entitled, “In the interest of (child's
16name), a person under the age of 18'' and shall set forth with specificity:
AB47,7 17Section 7 . 48.293 (2) of the statutes is amended to read:
AB47,7,418 48.293 (2) All records relating to a child, or to an unborn child and the unborn
19child's expectant mother, that are relevant to the subject matter of a proceeding
20under this chapter shall be open to inspection by a guardian ad litem or counsel for
21any party and to inspection by the court-appointed special advocate for the child,
22upon demand and upon presentation of releases when necessary, at least 48 hours
23before the proceeding. Persons entitled to inspect the records may obtain copies of
24the records with the permission of the custodian of the records or with permission
25of the court. The court may instruct counsel, a guardian ad litem, or a

1court-appointed special advocate not to disclose specified items in the materials to
2the child or the parent, or to the expectant mother, if the court reasonably believes
3that the disclosure would be harmful to the interests of the child or the unborn child.
4This subsection does not apply to a guardianship proceeding under s. 48.9795.
AB47,8 5Section 8 . 48.299 (4) (a) of the statutes is amended to read:
AB47,7,86 48.299 (4) (a) Chapters 901 to 911 shall govern the presentation of evidence at
7the fact-finding hearings under ss. 48.31, 48.42, 48.977 (4) (d) and, 48.978 (2) (e) and
8(3) (f) 2., and 48.9795.
AB47,9 9Section 9. 48.299 (4) (b) of the statutes is amended to read:
AB47,7,2410 48.299 (4) (b) Except as provided in s. 901.05, neither common law nor
11statutory rules of evidence are binding at a hearing for a child held in custody under
12s. 48.21, a hearing for an adult expectant mother held in custody under s. 48.213, a
13runaway home hearing under s. 48.227 (4), a dispositional hearing, or a hearing
14about changes in placement, trial reunifications, revision of dispositional orders,
15extension of dispositional orders, or termination of guardianship orders entered
16under s. 48.977 (4) (h) 2. or (6) or, 48.978 (2) (j) 2. or (3) (g), or 48.9795. At those
17hearings, the court shall admit all testimony having reasonable probative value, but
18shall exclude immaterial, irrelevant, or unduly repetitious testimony or evidence
19that is inadmissible under s. 901.05. Hearsay evidence may be admitted if it has
20demonstrable circumstantial guarantees of trustworthiness. The court shall give
21effect to the rules of privilege recognized by law. The court shall apply the basic
22principles of relevancy, materiality, and probative value to proof of all questions of
23fact. Objections to evidentiary offers and offers of proof of evidence not admitted may
24be made and shall be noted in the record.
AB47,10 25Section 10 . 48.299 (6) (intro.) of the statutes is amended to read:
AB47,8,4
148.299 (6) (intro.) If a man who has been given notice under s. 48.27 (3) (b) 1.,
248.977 (4) (c) 1., 48.978 (2) (c) 1., or 48.9795 (4) (c) 1.
appears at any hearing for which
3he received the notice, alleges that he is the father of the child , and states that he
4wishes to establish the paternity of the child, all of the following apply:
AB47,11 5Section 11 . 48.299 (6) (d) of the statutes is amended to read:
AB47,8,146 48.299 (6) (d) The court may stay the proceedings under this chapter pending
7the outcome of the paternity proceedings under subch. IX of ch. 767 if the court
8determines that the paternity proceedings will not unduly delay the proceedings
9under this chapter and the determination of paternity is necessary to the court's
10disposition of the child if the child is found to be in need of protection or services
11proceedings or if the court determines or has reason to know that the paternity
12proceedings may result in a finding that the child is an Indian child and in a petition
13by the child's parent, Indian custodian, or tribe for transfer of the proceeding
14proceedings to the jurisdiction of the tribe.
AB47,12 15Section 12. 48.299 (7) of the statutes is amended to read:
AB47,8,2316 48.299 (7) If a man who has been given notice under s. 48.27 (3) (b) 1., 48.977
17(4) (c) 1., 48.978 (2) (c) 1., or 48.9795 (4) (c) 1.
appears at any hearing for which he
18received the notice but does not allege that he is the father of the child and state that
19he wishes to establish the paternity of the child or if no man to whom such notice was
20given appears at a hearing, the court may refer the matter to the state or to the
21attorney responsible for support enforcement under s. 59.53 (6) (a) for a
22determination, under s. 767.80, of whether an action should be brought for the
23purpose of determining the paternity of the child.
AB47,13 24Section 13 . 48.368 (1) of the statutes is amended to read:
AB47,9,8
148.368 (1) If a petition for termination of parental rights is filed under s. 48.41
2or 48.415 or an appeal from a judgment terminating or denying termination of
3parental rights is filed during the year in which a dispositional order under s. 48.355,
4an extension order under s. 48.365, a voluntary agreement for placement of the child
5under s. 48.63, or a guardianship order under ch. 54, 2017 stats., or ch. 880, 2003
6stats., or s. 48.977 or ch. 54 48.9795 is in effect, the dispositional or extension order,
7voluntary agreement, or guardianship order shall remain in effect until all
8proceedings related to the filing of the petition or an appeal are concluded.
AB47,14 9Section 14 . 48.465 (3) of the statutes is amended to read:
AB47,9,1210 48.465 (3) Exceptions. This section does not apply to a termination of parental
11rights case under s. 48.43 or, to a parental consent to abortion case under s. 48.375
12(7), or to a guardianship proceeding under s. 48.9795.
AB47,15 13Section 15 . 48.62 (2) of the statutes is amended to read:
AB47,9,2514 48.62 (2) A relative, a guardian of a child, or a person delegated care and
15custody of a child under s. 48.979 who provides care and maintenance for the child
16is not required to obtain the license specified in this section. The department, county
17department, or licensed child welfare agency as provided in s. 48.75 may issue a
18license to operate a foster home to a relative who has no duty of support under s. 49.90
19(1) (a) and who requests a license to operate a foster home for a specific child who is
20either placed by court order or who is the subject of a voluntary placement agreement
21under s. 48.63. The department, a county department, or a licensed child welfare
22agency may, at the request of a guardian appointed under s. 48.977 or, 48.978, or
2348.9795 or
ch. 54, 2017 stats., or ch. 880, 2003 stats., license the guardian's home as
24a foster home for the guardian's minor ward who is living in the home and who is
25placed in the home by court order. Relatives with no duty of support and guardians

1appointed under s. 48.977 or, 48.978, or 48.9795 or ch. 54, 2017 stats., or ch. 880, 2003
2stats., who are licensed to operate foster homes are subject to the department's
3licensing rules.
AB47,16 4Section 16 . 48.831 (1) of the statutes is amended to read:
AB47,10,115 48.831 (1) Type of guardianship. This section may be used for the appointment
6of a guardian of a child who does not have a living parent if a finding as to the
7adoptability of a child is sought. Except as provided in ss. 48.977 and 48.978, ch. 54
8s. 48.9795 applies to the appointment of a guardian for a child who does not have a
9living parent for all other purposes. An appointment of a guardian of the estate of
10a child who does not have a living parent shall be conducted in accordance with the
11procedures specified in ch. 54.
AB47,17 12Section 17 . 48.831 (1m) (e) of the statutes is amended to read:
AB47,10,1513 48.831 (1m) (e) A guardian appointed under s. 48.9795 or ch. 54, 2017 stats.,
14or ch. 880, 2003 stats., whose resignation as guardian has been accepted by a court
15under s. 48.9795 (11) or s. 54.54 (1), 2017 stats., or s. 880.17 (1), 2003 stats.
AB47,18 16Section 18 . 48.977 (8) of the statutes is amended to read:
AB47,10,1917 48.977 (8) Relationship to ch. 54 and ch. 880, 2003 stats other guardianship
18procedures
. (a) This section does not abridge the duties or authority of a guardian
19appointed under s. 48.9795 or ch. 54, 2017 stats., or ch. 880, 2003 stats.
AB47,10,2120 (b) Nothing in this section prohibits an individual from petitioning a court
21under ch. 54 s. 48.9795 for appointment of a guardian.
AB47,19 22Section 19 . Subchapter XX (title) of chapter 48 [precedes 48.978] of the
23statutes is created to read:
AB47,10,2524 OTHER GUARDIANSHIPS AND DELEGATION
25 OF POWER BY PARENT
AB47,20
1Section 20. 48.978 (7) of the statutes is amended to read:
AB47,11,52 48.978 (7) Relationship to ch. 54 other guardianship procedures . (a) Except
3when a different right, remedy, or procedure is provided under this section, the
4rights, remedies, and procedures provided in s. 48.9795 or ch. 54, whichever is
5applicable,
shall govern a standby guardianship created under this section.
AB47,11,76 (b) This section does not abridge the duties or authority of a guardian appointed
7under s. 48.9795, ch. 880, 2003 stats., or ch. 54.
AB47,11,108 (c) Nothing in this section prohibits an individual from petitioning a court for
9the appointment of a guardian of the person under s. 48.9795 or a guardian of the
10estate
under ch. 54.
AB47,21 11Section 21 . 48.9795 of the statutes is created to read:
AB47,11,13 1248.9795 Appointment of guardian of the person for a child. (1)
13Definitions. In this section:
AB47,11,1414 (a) “Interested person" means any of the following:
AB47,11,1515 1. For purposes of a petition for guardianship of a child, any of the following:
AB47,11,1716 a. The child, if he or she has attained 12 years of age, and the child's guardian
17ad litem and counsel, if any.
AB47,11,1818 b. The child's parent, guardian, legal custodian, and physical custodian.
AB47,11,2219 c. Any person who has filed a declaration of paternal interest under s. 48.025,
20who is alleged to the court to be the father of the child, or who may, based on the
21statements of the mother or other information presented to the court, be the father
22of the child.
AB47,11,2323 d. Any individual who is nominated as guardian or as a successor guardian.
AB47,12,3
1e. If the child has no living parent, any individual nominated to act as fiduciary
2for the child in a will or other written instrument that was executed by a parent of
3the child.
AB47,12,74 f. If the child is receiving or in need of any public services or benefits, the county
5department or, in a county having a population of 750,000 or more, the department
6that is providing the services or benefits, through district attorney, corporation
7counsel, or other officials designated under s. 48.09.
AB47,12,98 g. If the child is an Indian child, the Indian child's Indian custodian and Indian
9tribe.
AB47,12,1010 h. Any other person that the court may require.
AB47,12,1211 2. For purposes of proceedings subsequent to an order for guardianship of a
12child, any of the following:
AB47,12,1413 a. The child, if the child has attained 12 years of age, the child's guardian ad
14litem, and the child's counsel.
AB47,12,1515 b. The child's parent and guardian.
AB47,12,1816 c. The county of venue, through the district attorney, corporation counsel, or
17other official designated under s. 48.09, if the county has an interest in the
18guardianship.
AB47,12,1919 d. If the child is an Indian child, the Indian child's tribe.
AB47,12,2020 e. Any other person that the court may require.
AB47,12,2421 (b) “Party" means the person petitioning for the appointment of a guardian for
22a child or any interested person other than a person who is alleged to the court to be
23the father of the child or who may, based on the statements of the mother or other
24information presented to the court, be the father of the child.
AB47,13,7
1(2) Appointment; venue; nomination; duty and authority. (a) Venue. Except
2as provided under par. (b) 2., venue for guardianship under this section shall be in
3the child's county of residence or in the county in which the child is physically
4present, or, if the child is a nonresident, the county in which the petitioner proposes
5that the child resides. The court may, upon a motion and for good cause shown,
6transfer the case, along with all appropriate records, to the county in which a
7dispositional order has been issued under this chapter.
AB47,13,248 (b) Appointment. 1. This section may be used for the appointment of a guardian
9of the person for a child. An appointment of a guardian of the estate of a child shall
10be conducted under the procedures specified in ch. 54. If the court assigned to
11exercise jurisdiction under this chapter has jurisdiction over a proceeding for the
12appointment of a guardian of the person for a child or continuing jurisdiction over
13such a guardianship and the court assigned to exercise probate jurisdiction has
14jurisdiction over a proceeding for the appointment of a guardian of the estate of the
15child or continuing jurisdiction over such a guardianship, the court assigned to
16exercise jurisdiction under this chapter may order those proceedings or
17guardianships to be consolidated under the jurisdiction of the court assigned to
18exercise jurisdiction under this chapter. Upon such consolidation, the court assigned
19to exercise jurisdiction under this chapter shall order all records relating to the
20guardianship of the estate of the child to be transferred to the court assigned to
21exercise jurisdiction under this chapter and that court shall retain those records as
22required under SCR chapter 72. This section does not prohibit a person from
23petitioning a court under s. 48.831, 48.977, or 48.978 for the appointment of a
24guardian of the person for a child.
AB47,14,9
12. If the child is the subject of an action pending under s. 48.13, 48.133, or 48.14
2or ch. 938, any subsequent petition filed under this section shall be heard by the court
3authorized to exercise jurisdiction over the pending action. The court shall stay a
4guardianship proceeding for the appointment of a full, limited, or temporary
5guardian of the person for a child under par. (d) 1., 2., or 3. until the action pending
6under s. 48.13, 48.133, or 48.14 or ch. 938 is resolved. The court may appoint an
7emergency guardian under sub. (6) while an action is pending under s. 48.13, 48.133,
8or 48.14 or ch. 938 if the court finds that the best interests of the child require the
9immediate appointment of a guardian.
AB47,14,1110 3. A petition filed under this section may not seek to change an order under s.
1148.13, 48.133, or 48.14 or ch. 938.
AB47,14,1512 4. The court may appoint coguardians of the person for a child under this
13section, subject to any conditions that the court imposes. Unless the court orders
14otherwise, any decision concerning the child must be concurred in by all coguardians
15or is void.
AB47,14,2116 (c) Nomination by parent or child. 1. A parent may nominate a guardian and
17successor guardian for any of his or her children who is in need of guardianship,
18including a nomination by will. Subject to the rights of a surviving parent, the court
19shall appoint the person nominated as guardian or successor guardian, unless the
20court finds that appointment of the person nominated is not in the child's best
21interests.
AB47,15,222 2. A child who has attained 12 years of age may nominate his or her own
23guardian, but if the child is outside of the state or if other good reason exists, the court
24may dispense with the child's right of nomination. If neither parent of a child who

1has attained 12 years of age is fit, willing, and able to carry out the duties of a
2guardian, the court may appoint the nominee of the child.
AB47,15,73 3. In determining who is appointed as guardian, the court shall consider the
4nominations of the parents and child and the opinions of the parents and child as to
5what is in the best interests of the child, but the best interests of the child as
6determined by the court shall control in making the determination when those
7nominations and opinions are in conflict with those best interests.
AB47,15,108 (d) Duties and authority of guardian. 1. `Full guardianship.' Subject to subds.
92. and 5., a guardian appointed under sub. (4) (h) 2. has all of the following duties and
10authority:
AB47,15,1111 a. All of the duties and authority specified in s. 48.023.
AB47,15,1312 b. Subject to an order of a court of competent jurisdiction, the authority to
13determine reasonable visitation with the child.
AB47,15,1414 c. The right to change the residence of the child from this state to another state.
AB47,15,1815 d. The duty to immediately notify the court that appointed the guardian of any
16change in the address of the guardian or child and to make an annual report to that
17court on the condition of the child. The report shall include the location of the child,
18the health condition of the child, and any recommendations regarding the child.
AB47,16,419 2. `Limited guardianship.' The court may order that the duties and authority
20of a guardian appointed under sub. (4) (h) 2. be limited. The duties and authority of
21a limited guardian shall be as specified by the order of appointment under sub. (4)
22(h) 2. The duties and authority of a full guardian shall apply to a limited guardian
23to the extent relevant to the duties or authority of the limited guardian, except as
24limited by the order of appointment. The court may limit the authority of a guardian
25with respect to any power to allow the parent to retain such power to make decisions

1as is within the parent's ability to exercise effectively and may limit the physical
2custody of a guardian to allow shared physical custody with the parent if shared
3physical custody is in the best interests of the child. The court shall set an expiration
4date for a limited guardianship order, which may be extended for good cause shown.
AB47,16,95 3. `Temporary guardianship.' If it is demonstrated to the court that a child's
6particular situation, including the inability of the child's parent to provide for the
7care, custody, and control of the child for a temporary period of time, requires the
8appointment of a temporary guardian, the court may appoint a temporary guardian
9as provided under sub. (5).
AB47,16,1210 4. `Emergency guardianship.' If it is demonstrated to the court that the welfare
11of a child requires the immediate appointment of an emergency guardian, the court
12may appoint an emergency guardian as provided under sub. (6).
AB47,16,1913 5. `Powers of guardian.' The parent retains all rights and duties accruing to the
14parent as a result of the parent-child relationship that are not assigned to the
15guardian or otherwise limited by statute or court order. A guardian acting on behalf
16of a child may exercise only those powers that the guardian is authorized to exercise
17by statute or court order. The court may authorize a guardian to exercise only those
18powers that are necessary to provide for the care, custody, and control of the child and
19to exercise those powers in a manner that is appropriate to the child.
AB47,17,2 20(3) Guardian ad litem. (a) The court shall appoint a guardian ad litem when
21a petition is filed for appointment of a guardian or termination of a guardianship
22under this section. Except as provided under sub. (6) (b) 3., the court shall appoint
23the guardian ad litem as soon as possible and before the initial hearing. The court
24shall appoint a guardian ad litem when it determines that a hearing for modification

1is to be held under sub. (9) (b). In a case that is contested, the guardian ad litem may
2file a motion pursuant to s. 48.235 (8) (b).
AB47,17,143 (b) The guardian ad litem has the duties and responsibilities required under
4s. 48.235 (3) (a). The guardian ad litem represents the best interests of the child
5throughout the proceedings but must apply in all court proceedings the applicable
6standard under sub. (4) (b) 4. to 7. The guardian ad litem shall conduct a diligent
7investigation sufficient to represent the best interests of the child in court. As
8appropriate to the circumstances, the investigation may include, personally or
9through a trained designee, meeting with or observing the child, meeting with the
10proposed guardian, meeting with interested persons, and visiting the homes of the
11child and the proposed guardian. The guardian ad litem shall attend all court
12proceedings relating to the guardianship, present evidence concerning the best
13interests of the child, if necessary, and make clear and specific recommendations to
14the court at every stage of the proceedings.
AB47,18,215 (c) To the extent necessary to fulfill the duties and responsibilities required of
16the guardian ad litem in the proceedings, the guardian ad litem shall inspect reports
17and records relating to the child and, upon presentation of necessary releases, the
18child's family, and the proposed guardian, including law enforcement reports and
19records under ss. 48.396 (1) and 938.396 (1) (a), court records under ss. 48.396 (2) (a)
20and 938.396 (2), social welfare agency records under ss. 48.78 (2) (a) and 938.78 (2)
21(a), abuse and neglect reports and records under s. 48.981 (7) (a) 11v., pupil records
22under s. 118.125 (2) (L), mental health records under s. 51.30 (4) (b) 4., and health
23care records under s. 146.82 (2) (a) 4. The court shall include in the order appointing
24the guardian ad litem an order requiring the custodian of any report or record

1specified in this subdivision to permit the guardian ad litem to inspect and copy the
2report or record on presentation by the guardian ad litem of a copy of the order.
AB47,18,5 3(4) Procedures. (a) Petition; who may file. 1. Except as provided in subd. 2.,
4any person, including a child 12 years of age or over on his or her own behalf, may
5petition for the appointment of a guardian for a child.
AB47,18,106 2. If there is an action pending under s. 48.13, 48.133, or 48.14 or ch. 938, a
7petition under this subsection may be filed by any party to the pending action or any
8person approved by the court if the petition is consistent with the child's permanency
9plan and does not seek to change the requirements of any preexisting court order
10issued under s. 48.13, 48.133, or 48.14 or ch. 938.
AB47,18,1411 (b) Petition; form and content. A petition for guardianship may include an
12application for protective placement or protective services or both under ch. 55. The
13petition shall be entitled “In the interest of .... (child's name), a person under the age
14of 18" and shall state all of the following, if known to the petitioner:
AB47,18,1515 1. The name, date of birth, and address of the child.
AB47,18,1816 2. The names and addresses of the petitioner, the child's parents, current
17guardian, and legal custodian, if any, the proposed guardian, any proposed successor
18guardians, and all other interested persons.
AB47,18,2019 3. Whether the petitioner is requesting a full guardianship, a limited
20guardianship, a temporary guardianship, or an emergency guardianship.
AB47,18,2421 4. If the petitioner is requesting a full guardianship, the facts and
22circumstances establishing that the child's parents are unfit, unwilling, or unable to
23provide for the care, custody, and control of the child or other compelling facts and
24circumstances demonstrating that a full guardianship is necessary.
AB47,19,5
15. If the petitioner is requesting a limited guardianship, the facts and
2circumstances establishing that the child's parents need assistance in providing for
3the care, custody, and control of the child and a statement of the specific duties and
4authority under sub. (2) (d) sought by the petitioner for the proposed guardian and
5the specific parental rights and duties that the petitioner seeks to have transferred.
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