AB47,31,33
3. Fails to follow or comply with the court's order.
AB47,31,54
4. Otherwise fails to perform any of his or her duties as a guardian under s.
548.023.
AB47,31,146
(c)
Procedure. Any interested person or other person approved by the court may
7file a petition requesting a review of the conduct of a guardian, or the court, on its
8own motion, may propose such a review. The request or motion shall allege facts
9sufficient to show cause under par. (b) for the court to impose a remedy under par.
10(d). The court shall hold a hearing on the request or motion not more than 30 days
11after the filing of the request or proposal. Not less than 7 days before the date of the
12hearing, the person requesting or proposing the review shall provide notice of the
13hearing to the child, his or her parents, the guardian, and any other persons required
14by the court. A copy of the request or motion shall be attached to the notice.
AB47,31,1715
(d)
Remedies of the court. If after hearing the court finds by clear and
16convincing evidence cause as specified in par. (b) to order a remedy under this
17paragraph, the court may do any of the following:
AB47,31,1818
1. Remove the guardian.
AB47,31,1919
2. Remove the guardian and appoint a successor guardian.
AB47,31,2220
3. Enter any other order that may be necessary or appropriate to compel the
21guardian to carry out the guardian's duties, including an order setting reasonable
22rules of visitation with the child.
AB47,31,2323
4. Modify the duties and authority of the guardian.
AB47,32,3
15. Require the guardian to pay any costs of the proceeding, including costs of
2service and attorney fees, if the court finds that the guardian's conduct was
3egregious.
AB47,32,6
4(11) Termination of guardianship. (a)
Term of guardianship. A guardianship
5under this section shall continue until the child attains the age of 18 years unless any
6of the following occurs:
AB47,32,77
1. The guardianship is for a lesser period of time and that time has expired.
AB47,32,88
2. The child marries.
AB47,32,99
3. The child dies.
AB47,32,1110
4. The child's residence changes from this state to another state and a guardian
11is appointed in the new state of residence.
AB47,32,1312
5. The guardian dies, or resigns and the resignation is accepted by the court,
13and a successor guardian is not appointed.
AB47,32,1514
6. The guardian is removed for cause under sub. (10) (d) 1. and a successor
15guardian is not appointed.
AB47,32,1716
7. The court terminates the guardianship on the request of a parent of the child
17or the child under par. (b).
AB47,32,1818
8. The court terminates the guardianship upon the adoption of the child.
AB47,33,219
(b)
Termination on request of parent or child. 1. A parent of the child or the
20child may file a petition requesting that a guardianship order entered under sub. (4)
21(h) 2., (5), (6), (8), or (9) be terminated. The petition shall allege facts sufficient to
22show that there has been a substantial change in circumstances since the last order
23affecting the guardianship was entered, that the parent is fit, willing, and able to
24carry out the duties of a guardian or that no compelling facts or circumstances exist
1demonstrating that a guardianship is necessary, and that termination of the
2guardianship would be in the best interests of the child.
AB47,33,53
2. The court shall hold a hearing on the petition unless written waivers of
4objections to termination of the guardianship are signed by all interested persons
5and the court approves the waivers.
AB47,33,116
3. If a hearing is to be held, by no less than 7 days before the date of the hearing,
7the parent or child requesting the termination shall provide notice of the hearing to
8the child, the child's parents, the guardian, and any other persons required by the
9court. A copy of the petition shall be attached to the notice. The court shall terminate
10the guardianship if the court finds that the petitioner has proven the allegations in
11the petition under subd. 1. by a preponderance of the evidence.
AB47,22
12Section 22
. Subchapter XX of chapter 48 [precedes 48.98] of the statutes is
13renumbered subchapter XXI of chapter 48 [precedes 48.98].
AB47,23
14Section 23
. 48.981 (7) (a) 11v. of the statutes is created to read:
AB47,33,1715
48.981
(7) (a) 11v. A guardian ad litem for a child who is the subject of a
16guardianship proceeding under s. 48.9795 to the extent necessary to fulfill the duties
17and responsibilities required of the guardian ad litem under s. 48.9795 (3).
AB47,24
18Section 24
. 51.30 (4) (b) 18. a. of the statutes is amended to read:
AB47,33,2419
51.30
(4) (b) 18. a. In this subdivision, “abuse" has the meaning given in s. 51.62
20(1) (ag); “neglect" has the meaning given in s. 51.62 (1) (br); and “parent" has the
21meaning given in s. 48.02 (13), except that “parent" does not include the parent of a
22minor whose custody is transferred to a legal custodian, as defined in s. 48.02 (11),
23or for whom a guardian is appointed under
, or s.
48.9795 or 54.10 or s. 880.33, 2003
24stats.
AB47,25
25Section 25
. 51.30 (4) (b) 18. c. of the statutes is amended to read:
AB47,34,16
151.30
(4) (b) 18. c. If the patient, regardless of age, has a guardian appointed
2under s.
48.9795 or 54.10 or s. 880.33, 2003 stats., or if the patient is a minor with
3developmental disability who has a parent or has a guardian appointed under s.
448.831 and does not have a guardian appointed under s.
48.9795 or 54.10 or s. 880.33,
52003 stats., information concerning the patient that is obtainable by staff members
6of the agency or nonprofit corporation with which the agency has contracted is
7limited, except as provided in subd. 18. e., to the nature of an alleged rights violation,
8if any; the name, birth date and county of residence of the patient; information
9regarding whether the patient was voluntarily admitted, involuntarily committed
10or protectively placed and the date and place of admission, placement or
11commitment; and the name, address and telephone number of the guardian of the
12patient and the date and place of the guardian's appointment or, if the patient is a
13minor with developmental disability who has a parent or has a guardian appointed
14under s. 48.831 and does not have a guardian appointed under s.
48.9795 or 54.10
15or s. 880.33, 2003 stats., the name, address and telephone number of the parent or
16guardian appointed under s. 48.831 of the patient.
AB47,26
17Section 26
. 54.01 (10) of the statutes is amended to read:
AB47,34,2318
54.01
(10) “Guardian" means a person appointed by a court under s. 54.10 to
19manage the income and assets
, which may include, by court order, digital property,
20as defined in s. 711.03 (10), and provide for the essential requirements for health and
21safety and the personal needs of
a minor, an individual found incompetent
, or a
22spendthrift
or to manage the income and assets of a minor. A person's assets may
23include, by court order, digital property, as defined in s. 711.03 (10).
AB47,27
24Section 27
. 54.10 (1) of the statutes is amended to read:
AB47,35,5
154.10
(1) A court may appoint
a guardian of the person or a guardian of the
2estate
, or both, for an individual if the court determines that the individual is a
3minor.
Except as provided in ss. 48.427, 48.831, 48.977, and 48.978, an appointment
4of a guardian of the person of a minor shall be conducted under the procedures
5specified in s. 48.9795.
AB47,28
6Section 28
. 54.15 (6) of the statutes is amended to read:
AB47,35,157
54.15
(6) Testamentary nomination by proposed ward's parents. Subject to the
8rights of a surviving parent, a parent may by will nominate a guardian and successor
9guardian of the
person or estate for any of his or her minor children who is in need
10of guardianship, unless the court finds that appointment of the guardian or successor
11guardian is not in the minor's best interests. For an individual who is aged 18 or older
12and is found to be in need of guardianship by reason of a developmental disability
13or serious and persistent mental illness, a parent may by will nominate a
14testamentary guardian. The parent may waive the requirement of a bond for such
15an estate that is derived through a will.
AB47,29
16Section 29
. 54.25 (2) (d) 1. of the statutes is amended to read:
AB47,36,317
54.25
(2) (d) 1. A court may authorize a guardian of the person to exercise all
18or part of any of the powers specified in subd. 2. only if it finds, by clear and
19convincing evidence, that the individual lacks evaluative capacity to exercise the
20power. The court shall authorize the guardian of the person to exercise only those
21powers that are necessary to provide for the individual's personal needs, safety, and
22rights and to exercise the powers in a manner that is appropriate to the individual
23and that constitutes the least restrictive form of intervention. The court may limit
24the authority of the guardian of the person with respect to any power to allow the
25individual to retain power to make decisions about which the individual is able
1effectively to receive and evaluate information and communicate decisions.
When
2a court appoints a guardian for a minor, the guardian shall be granted care, custody,
3and control of the person of the minor.
AB47,30
4Section 30
. 54.25 (2) (d) 2. o. of the statutes is amended to read:
AB47,36,65
54.25
(2) (d) 2. o. The power to have custody of the ward, if an adult
, and the
6power to have care, custody, and control of the ward, if a minor.
AB47,31
7Section 31
. 54.52 (1) of the statutes is amended to read:
AB47,36,158
54.52
(1) A person may at any time bring a petition for the appointment of a
9standby guardian of the person or estate of an individual who is determined under
10s. 54.10 to be incompetent
, a minor, or a spendthrift
or for the appointment of a
11standby guardian of the estate of a minor, except that, as specified in s. 48.978 a
12petition for the appointment of a standby guardian of the person or
property estate, 13or both
, of a minor to assume the duty and authority of guardianship on the
14incapacity, death, or debilitation and consent, of the minor's parent
may shall be
15brought under s. 48.978.
AB47,32
16Section 32
. 54.56 of the statutes is renumbered 48.9795 (12) and amended to
17read:
AB47,36,2018
48.9795
(12) Visitation by a
minor's child's grandparents and stepparents. (a)
19In this
section subsection, “stepparent" means the surviving spouse of a deceased
20parent of a
minor child, whether or not the surviving spouse has remarried.
AB47,37,621
(b) If one or both parents of a
minor child are deceased and the
minor child is
22in the custody of the surviving parent or any other person, a grandparent or
23stepparent of the
minor child may petition for visitation privileges with respect to the
24minor child, whether or not the person with custody is married. The grandparent
25or stepparent may file the petition in a guardianship or temporary guardianship
1proceeding under this
chapter section that affects the
minor child or may file the
2petition to commence an independent action under this
chapter subsection. Except
3as provided in
sub. (3m) par. (cm), the court may grant reasonable visitation
4privileges to the grandparent or stepparent if the surviving parent or other person
5who has custody of the
minor child has notice of the hearing and if the court
6determines that visitation is in the best interest of the
minor child.
AB47,37,87
(c) Whenever possible, in making a determination under
sub. (2) par. (b), the
8court shall consider the wishes of the
minor
child.
AB47,37,149
(cm) 1. Except as provided in
par. (b) subd. 2., the court may not grant visitation
10privileges to a grandparent or stepparent under this
section subsection if the
11grandparent or stepparent has been convicted under s. 940.01 of the first-degree
12intentional homicide, or under s. 940.05 of the 2nd-degree intentional homicide, of
13a parent of the
minor child, and the conviction has not been reversed, set aside
, or
14vacated.
AB47,37,1815
2.
Paragraph (a) Subdivision 1. does not apply if the court determines by clear
16and convincing evidence that the visitation would be in the best interests of the
minor 17child. The court shall consider the wishes of the
minor child in making the
18determination.
AB47,37,2119
(d) The court may issue any necessary order to enforce a visitation order that
20is granted under this
section subsection, and may from time to time modify the
21visitation privileges or enforcement order for good cause shown.
AB47,38,422
(dm) 1. If a grandparent or stepparent granted visitation privileges with
23respect to a
minor child under this
section subsection is convicted under s. 940.01 of
24the first-degree intentional homicide, or under s. 940.05 of the 2nd-degree
25intentional homicide, of a parent of the
minor
child, and the conviction has not been
1reversed, set aside
, or vacated, the court shall modify the visitation order by denying
2visitation with the
minor child upon petition, motion
, or order to show cause by a
3person having custody of the
minor child, or upon the court's own motion, and upon
4notice to the grandparent or stepparent granted visitation privileges.
AB47,38,85
2.
Paragraph (a) Subdivision 1. does not apply if the court determines by clear
6and convincing evidence that the visitation would be in the best interests of the
minor 7child. The court shall consider the wishes of the
minor child in making the
8determination.
AB47,38,119
(e) This
section subsection applies to every
minor child in this state whose
10parent or parents are deceased, regardless of the date of death of the parent or
11parents.
AB47,33
12Section 33
. 54.57 of the statutes is renumbered 48.9795 (13) and amended to
13read:
AB47,38,2114
48.9795
(13) Prohibiting visitation
or physical placement if a parent kills
15other parent. (a) Except as provided in
sub. (2), in an action under this chapter that
16affects a minor par. (b), a court may not grant to a parent of
the minor a child who
17is the subject of a proceeding under this section visitation
or physical placement 18rights with the
minor child if the parent has been convicted under s. 940.01 of the
19first-degree intentional homicide, or under s. 940.05 of the 2nd-degree intentional
20homicide, of the
minor's child's other parent, and the conviction has not been
21reversed, set aside
, or vacated.
AB47,38,2522
(b)
Subsection (1) Paragraph (a) does not apply if the court determines by clear
23and convincing evidence that visitation
or periods of physical placement would be in
24the best interests of the
minor child. The court shall consider the wishes of the
minor 25child in making the determination.
AB47,34
1Section
34. 55.03 (1) of the statutes is amended to read:
AB47,39,52
55.03
(1) Agency as both guardian and provider prohibited. No agency acting
3as a guardian appointed under
s. 48.9795 or ch. 54, 2017 stats., or ch. 880, 2003 stats.,
4or ch. 54 may be a provider of protective services or protective placement for its ward
5under this chapter.
AB47,35
6Section 35
. 115.76 (12) (b) 2. of the statutes is amended to read:
AB47,39,107
115.76
(12) (b) 2. The state, a county, or a child welfare agency, if a child was
8made a ward of the state, county, or child welfare agency under ch. 54
, 2017 stats., 9or ch. 880, 2003 stats., or if a child has been placed in the legal custody or
10guardianship of the state, county, or child welfare agency under ch. 48 or
ch. 767.
AB47,36
11Section 36
. 118.125 (2) (L) of the statutes is amended to read:
AB47,39,1512
118.125
(2) (L) A school board shall disclose the pupil records of a pupil in
13compliance with a court order under s. 48.236 (4) (a), 48.345 (12) (b),
48.9795 (3) (c), 14938.34 (7d) (b), 938.396 (1) (d), or 938.78 (2) (b) 2. after making a reasonable effort
15to notify the pupil's parent or legal guardian.
AB47,37
16Section 37
. 146.82 (2) (a) 9. a. of the statutes is amended to read:
AB47,39,2117
146.82
(2) (a) 9. a. In this subdivision, “abuse" has the meaning given in s. 51.62
18(1) (ag); “neglect" has the meaning given in s. 51.62 (1) (br); and “parent" has the
19meaning given in s. 48.02 (13), except that “parent" does not include the parent of a
20minor whose custody is transferred to a legal custodian, as defined in s. 48.02 (11),
21or for whom a guardian is appointed under s.
48.9795 or 54.10 or s. 880.33, 2003 stats.
AB47,38
22Section 38
. 146.82 (2) (a) 9. c. of the statutes is amended to read:
AB47,40,1323
146.82
(2) (a) 9. c. If the patient, regardless of age, has a guardian appointed
24under s.
48.9795 or 54.10 or s. 880.33, 2003 stats., or if the patient is a minor with
25developmental disability, as defined in s. 51.01 (5) (a), who has a parent or has a
1guardian appointed under s. 48.831 and does not have a guardian appointed under
2s.
48.9795 or 54.10 or s. 880.33, 2003 stats., information concerning the patient that
3is obtainable by staff members of the agency or nonprofit corporation with which the
4agency has contracted is limited, except as provided in subd. 9. e., to the nature of
5an alleged rights violation, if any; the name, birth date and county of residence of the
6patient; information regarding whether the patient was voluntarily admitted,
7involuntarily committed or protectively placed and the date and place of admission,
8placement or commitment; and the name, address and telephone number of the
9guardian of the patient and the date and place of the guardian's appointment or, if
10the patient is a minor with developmental disability who has a parent or has a
11guardian appointed under s. 48.831 and does not have a guardian appointed under
12s.
48.9795 or 54.10 or s. 880.33, 2003 stats., the name, address and telephone number
13of the parent or guardian appointed under s. 48.831 of the patient.
AB47,39
14Section 39
. 757.69 (1) (g) 5. of the statutes is amended to read:
AB47,40,1615
757.69
(1) (g) 5. Conduct uncontested proceedings under s. 48.13, 48.133,
1648.9795, 938.12, 938.13, or 938.18.
AB47,40
17Section 40
. 808.075 (4) (a) 9m. of the statutes is created to read:
AB47,40,1818
808.075
(4) (a) 9m. Review of the conduct of a guardian under s. 48.9795 (10).
AB47,41
19Section 41
. 808.075 (4) (a) 11. of the statutes is amended to read:
AB47,40,2120
808.075
(4) (a) 11. Termination of guardianship under s.
48.9795 (11) or 48.977
21(7), including removal of a guardian.
AB47,42
22Section 42
. 808.075 (4) (a) 13. of the statutes is created to read:
AB47,40,2323
808.075
(4) (a) 13. Appointment of a successor guardian under s. 48.9795 (8).
AB47,43
24Section 43
. 808.075 (4) (f) 3. of the statutes is renumbered 808.075 (4) (a) 14.
25and amended to read:
AB47,41,1
1808.075
(4) (a) 14. Order for visitation under s.
54.56 48.9795 (12).
AB47,44
2Section 44
. 809.30 (1) (a) of the statutes is amended to read:
AB47,41,73
809.30
(1) (a) “Final adjudication" means the entry of a final judgment or order
4by the circuit court in a s. 971.17 proceeding, in a criminal case, or in a ch. 48, 51, 55,
5938, or 980 case, other than a termination of parental rights case under s. 48.43
, a
6guardianship proceeding under s. 48.9795, or a parental consent to abortion case
7under s. 48.375 (7).
AB47,45
8Section 45
. 809.30 (1) (b) 2. of the statutes is amended to read:
AB47,41,129
809.30
(1) (b) 2. A party, other than the state, seeking postdisposition relief in
10a case under ch. 48, other than a termination of parental rights case under s. 48.43
,
11a guardianship proceeding under s. 48.9795, or a parental consent to abortion case
12under s. 48.375 (7).
AB47,46
13Section 46
. 809.30 (2) (a) of the statutes is amended to read:
AB47,41,2314
809.30
(2) (a)
Appeal procedure; counsel to continue. A person seeking
15postconviction relief in a criminal case; a person seeking postdisposition relief in a
16case under ch. 48 other than a termination of parental rights case under s. 48.43
, a
17guardianship proceeding under s. 48.9795, or a parental consent to abortion case
18under s. 48.375 (7); or a person seeking postdisposition relief in a s. 971.17 proceeding
19or in a case under ch. 51, 55, 938, or 980 shall comply with this section. Counsel
20representing the person at sentencing or at the time of the final adjudication shall
21continue representation by filing a notice under par. (b) if the person desires to
22pursue postconviction or postdisposition relief unless counsel is discharged by the
23person or allowed to withdraw by the circuit court before the notice must be filed.
AB47,47
24Section
47. 814.66 (1) (m) of the statutes is renumbered 814.61 (13m) and
25amended to read:
AB47,42,3
1814.61
(13m) For filing a petition under s.
54.56 48.9795 (12), whether in a
2guardianship or temporary guardianship proceeding or to commence an
3independent action, $60.
AB47,48
4Section 48
. 938.345 (1) (e) of the statutes is amended to read:
AB47,42,85
938.345
(1) (e) Place any juvenile not found under ch. 880, 2003 stats., or ch.
646,
48, 49, 51, 54, or 115 to have a developmental disability or a mental illness or to
7be a child with a disability, as defined in s. 115.76 (5), in a facility that exclusively
8treats one or more of those categories of juveniles.
AB47,49
9Section
49
.
Nonstatutory provisions.
AB47,42,1810
(1)
Transition. All guardianships of the person of a minor under s. 54.10, 2017
11stats., or ch. 880, 2003 stats., in effect on the effective date of this subsection remain
12in effect and shall be considered guardianships under s. 48.9795 until terminated
13under s. 48.9795 (11), all matters commenced under ch. 54, 2017 stats., with respect
14to a guardianship of the person of a minor, that are pending on the effective date of
15this subsection shall be completed under ch. 54, 2017 stats., and all orders appointing
16a guardian of the person of a minor under ch. 54, 2017 stats., entered beginning on
17the effective date of this subsection shall be considered guardianships under s.
1848.9795.
AB47,42,2319
(2)
Merger authority.
2017 Wisconsin Act 185 and this act affect the same
20statutory units without taking cognizance of each other. If the chief of the legislative
21reference bureau finds there is no mutual inconsistency in the changes made by each
22act, the chief shall incorporate the changes made by each act into the text of the
23statutory units.
AB47,50
24Section
50
.
Initial applicability.
AB47,43,2
1(1)
Petitions for guardianship. Except as provided in sub. (2
), this act first
2applies to a petition for guardianship filed on the effective date of this subsection.
AB47,43,53
(2)
Duties and authority of guardian of the person. The treatment of s.
448.9795 (2) (d) 1. and 5. first applies to a guardianship of the person of a minor in
5effect on the effective date of this subsection.