Wisconsin Legislature: 109,37

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. 48.427, 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. 48.9795.

109,28 Section 28 . 54.15 (6) of the statutes is amended to read:

54.15 (6) Testamentary nomination by proposed ward's parents. Subject to the rights of a surviving parent, a parent may by will nominate a guardian and successor guardian of the person or estate for any of his or her minor children who is in need of guardianship, unless the court finds that appointment of the guardian or successor guardian is not in the minor's best interests. For an individual who is aged 18 or older and is found to be in need of guardianship by reason of a developmental disability or serious and persistent mental illness, a parent may by will nominate a testamentary guardian. The parent may waive the requirement of a bond for such an estate that is derived through a will.

109,29 Section 29 . 54.25 (2) (d) 1. of the statutes is amended to read:

54.25 (2) (d) 1. A court may authorize a guardian of the person to exercise all or part of any of the powers specified in subd. 2. only if it finds, by clear and convincing evidence, that the individual lacks evaluative capacity to exercise the power. The court shall authorize the guardian of the person to exercise only those powers that are necessary to provide for the individual's personal needs, safety, and rights and to exercise the powers in a manner that is appropriate to the individual and that constitutes the least restrictive form of intervention. The court may limit the authority of the guardian of the person with respect to any power to allow the individual to retain power to make decisions about which the individual is able effectively to receive and evaluate information and communicate decisions. When a court appoints a guardian for a minor, the guardian shall be granted care, custody, and control of the person of the minor.

109,30 Section 30 . 54.25 (2) (d) 2. o. of the statutes is amended to read:

54.25 (2) (d) 2. o. The power to have custody of the ward, if an adult, and the power to have care, custody, and control of the ward, if a minor.

109,31 Section 31 . 54.52 (1) of the statutes is amended to read:

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. 48.978 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.

109,32 Section 32 . 54.56 of the statutes is renumbered 48.9795 (12) and amended to read:

48.9795 (12) 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.

(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.

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

(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.

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.

(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.

(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.

(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.

109,33 Section 33 . 54.57 of the statutes is renumbered 48.9795 (13) and amended to read:

48.9795 (13) 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.

(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.

109,34 Section 34 . 55.03 (1) of the statutes is amended to read:

55.03 (1) Agency as both guardian and provider prohibited. No agency acting as a guardian appointed under s. 48.9795 or ch. 54, 2017 stats., or ch. 880, 2003 stats., or ch. 54 may be a provider of protective services or protective placement for its ward under this chapter.

109,35 Section 35 . 115.76 (12) (b) 2. of the statutes is amended to read:

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, 2017 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.

109,36 Section 36 . 118.125 (2) (L) of the statutes is amended to read:

118.125 (2) (L) A school board shall disclose the pupil records of a pupil in compliance with a court order under s. 48.236 (4) (a), 48.345 (12) (b), 48.9795 (3) (c), 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.

109,37 Section 37 . 146.82 (2) (a) 9. a. of the statutes is amended to read:

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. 48.9795 or 54.10 or s. 880.33, 2003 stats.

109,38 Section 38 . 146.82 (2) (a) 9. c. of the statutes is amended to read:

146.82 (2) (a) 9. c. If the patient, regardless of age, has a guardian appointed under s. 48.9795 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. 48.9795 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. 48.9795 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.

109,39 Section 39 . 757.69 (1) (g) 5. of the statutes is amended to read:

757.69 (1) (g) 5. Conduct uncontested proceedings under s. 48.13, 48.133, 48.9795, 938.12, 938.13, or 938.18.

109,40 Section 40 . 808.075 (4) (a) 9m. of the statutes is created to read:

808.075 (4) (a) 9m. Review of the conduct of a guardian under s. 48.9795 (10).

109,41 Section 41 . 808.075 (4) (a) 11. of the statutes is amended to read:

808.075 (4) (a) 11. Termination of guardianship under s. 48.9795 (11) or 48.977 (7), including removal of a guardian.

109,42 Section 42 . 808.075 (4) (a) 13. of the statutes is created to read:

808.075 (4) (a) 13. Appointment of a successor guardian under s. 48.9795 (8).

109,43 Section 43 . 808.075 (4) (f) 3. of the statutes is renumbered 808.075 (4) (a) 14. and amended to read:

808.075 (4) (a) 14. Order for visitation under s. 54.56 48.9795 (12).

109,44 Section 44 . 809.30 (1) (a) of the statutes is amended to read:

809.30 (1) (a) “Final adjudication" means the entry of a final judgment or order by the circuit court in a s. 971.17 proceeding, in a criminal case, or in a ch. 48, 51, 55, 938, or 980 case, other than a termination of parental rights case under s. 48.43, a guardianship proceeding under s. 48.9795, or a parental consent to abortion case under s. 48.375 (7).

109,45 Section 45 . 809.30 (1) (b) 2. of the statutes is amended to read:

809.30 (1) (b) 2. A party, other than the state, seeking postdisposition relief in a case under ch. 48, other than a termination of parental rights case under s. 48.43, a guardianship proceeding under s. 48.9795, or a parental consent to abortion case under s. 48.375 (7).

109,46 Section 46 . 809.30 (2) (a) of the statutes is amended to read:

809.30 (2) (a) Appeal procedure; counsel to continue. A person seeking postconviction relief in a criminal case; a person seeking postdisposition relief in a case under ch. 48 other than a termination of parental rights case under s. 48.43, a guardianship proceeding under s. 48.9795, or a parental consent to abortion case under s. 48.375 (7); or a person seeking postdisposition relief in a s. 971.17 proceeding or in a case under ch. 51, 55, 938, or 980 shall comply with this section. Counsel representing the person at sentencing or at the time of the final adjudication shall continue representation by filing a notice under par. (b) if the person desires to pursue postconviction or postdisposition relief unless counsel is discharged by the person or allowed to withdraw by the circuit court before the notice must be filed.

109,47 Section 47. 814.66 (1) (m) of the statutes is renumbered 814.61 (13m) and amended to read:

814.61 (13m) For filing a petition under s. 54.56 48.9795 (12), whether in a guardianship or temporary guardianship proceeding or to commence an independent action, $60.

109,48 Section 48 . 938.345 (1) (e) of the statutes is amended to read:

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.

109,49 Section 49 . Nonstatutory provisions.

(1) Transition. All guardianships of the person of a minor under s. 54.10, 2017 stats., or ch. 880, 2003 stats., in effect on the effective date of this subsection remain in effect and shall be considered guardianships under s. 48.9795 until terminated under s. 48.9795 (11), all matters commenced under ch. 54, 2017 stats., with respect to a guardianship of the person of a minor, that are pending on the effective date of this subsection shall be completed under ch. 54, 2017 stats., and all orders appointing a guardian of the person of a minor under ch. 54, 2017 stats., entered beginning on the effective date of this subsection shall be considered guardianships under s. 48.9795.

(2) Merger authority. 2017 Wisconsin Act 185 and this act affect the same statutory units without taking cognizance of each other. If the chief of the legislative reference bureau finds there is no mutual inconsistency in the changes made by each act, the chief shall incorporate the changes made by each act into the text of the statutory units.

109,50 Section 50 . Initial applicability.

(1) Petitions for guardianship. Except as provided in sub. (2), this act first applies to a petition for guardianship filed on the effective date of this subsection.

(2) Duties and authority of guardian of the person. The treatment of s. 48.9795 (2) (d) 1. and 5. first applies to a guardianship of the person of a minor in effect on the effective date of this subsection.

109,51 Section 51 . Effective date.

(1) This act takes effect on the first day of the 6th month beginning after publication.