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.
AB47,19,116 6. If the petitioner is requesting a temporary guardianship, the facts and
7circumstances establishing that the child's particular situation, including the
8inability of the child's parents to provide for the care, custody, and control of the child
9for a temporary period of time, requires the appointment of a temporary guardian;
10the reasons for the appointment of a temporary guardian; and the powers requested
11for the temporary guardian.
AB47,19,1412 7. If the petitioner is requesting an emergency guardianship, the facts and
13circumstances establishing that the welfare of the child requires the immediate
14appointment of an emergency guardian.
AB47,19,1615 8. The facts and circumstances establishing that the proposed guardian is fit,
16willing, and able to serve as the child's guardian.
AB47,19,1717 9. The information required under s. 822.29 (1).
AB47,19,2118 10. Whether the child may be subject to s. 48.028 or the federal Indian Child
19Welfare Act, 25 USC 1901 to 1963, and, if the child may be subject to s. 48.028 or that
20act, the names and addresses of the child's Indian custodian, if any, and Indian tribe,
21if known.
AB47,20,822 11. If the petitioner knows or has reason to know that the child is an Indian
23child, reliable and credible information showing that continued custody of the child
24by the child's parent or Indian custodian is likely to result in serious emotional or
25physical damage to the child under s. 48.028 (4) (d) 1. and that active efforts under

1s. 48.028 (4) (d) 2. have been made to prevent the breakup of the Indian child's family
2and that those efforts have proved unsuccessful and, if the proposed guardianship
3would change the placement of the child from the home of his or her parent or Indian
4custodian to a placement outside that home, a statement as to whether the new
5placement is in compliance with the order of placement preference under s. 48.028
6(7) (b) or, if applicable, s. 48.028 (7) (c) and, if the new placement is not in compliance
7with that order, specific information showing good cause, as described in s. 48.028
8(7) (e), for departing from that order.
AB47,20,119 12. Whether the petitioner is aware of any guardianship or other related
10proceeding involving the child that is pending in another court and, if so, the details
11of the guardianship, termination of parental rights, or related proceeding.
AB47,20,1312 13. Whether there is an action pending or the child is subject to a court order
13under s. 48.13, 48.133, or 48.14 or ch. 938.
AB47,20,1914 (c) Service of petition and notice. 1. Except as provided in subd. 3. and sub. (6)
15(b) 2., the petitioner shall cause the petition and notice of the time and place of the
16hearing under par. (e) to be served at least 7 days before the time of the hearing upon
17all interested persons. Failure of the petitioner to provide notice to all interested
18persons shall deprive the court of jurisdiction unless notice is specifically waived by
19an interested person or by the court for good cause shown.
AB47,20,2520 2. A notice shall be in writing. A copy of the petition and any other required
21document shall be attached to the notice. Except as provided in subd. 3. and sub. (6)
22(b) 2., notice shall be delivered in person or by certified mail. Notice is considered to
23be given by proof of personal delivery, by proof that the notice was sent by certified
24mail to the last-known address of the recipient, or, if the recipient is an adult, by the
25written admission of service of the person served.
AB47,21,10
13. If the petitioner knows or has reason to know that the child is an Indian child,
2notice to the Indian child's parent, Indian custodian, and Indian tribe shall be
3provided in the manner specified in s. 48.028 (4) (a). No hearing may be held under
4par. (e) or (f) until at least 10 days after receipt of the notice by the Indian child's
5parent, Indian custodian, and Indian tribe or, if the identity or location of the Indian
6child's parent, Indian custodian, or tribe cannot be determined, until at least 15 days
7after receipt of the notice by the U.S. secretary of the interior. On request of the
8Indian child's parent, Indian custodian, or Indian tribe, the court shall grant a
9continuance of up to 20 additional days to enable the requester to prepare for the
10hearing.
AB47,21,2111 (d) Statement by proposed guardian. At least 96 hours before the hearing under
12par. (e), the proposed guardian shall submit to the court a sworn and notarized
13statement as to the number of persons for whom the proposed guardian is
14responsible, whether as a parent, guardian, or legal custodian, as to the proposed
15guardian's income, assets, debts, and living expenses, and as to whether the
16proposed guardian is currently charged with or has been convicted of a crime or has
17been determined under s. 48.981 (3) (c) to have abused or neglected a child. If the
18proposed guardian is currently charged with or has been convicted of a crime or has
19been determined under s. 48.981 (3) (c) to have abused or neglected a child, he or she
20shall include in the sworn and notarized statement a description of the
21circumstances surrounding the charge, conviction, or determination.
AB47,22,622 (e) Initial hearing. 1. The initial hearing on a petition for guardianship, other
23than a petition for emergency guardianship under sub. (6), shall be heard within 45
24days after the filing of the petition. At the hearing, the court shall first determine
25whether any party wishes to contest the petition. If the petition is not contested, the

1court shall immediately proceed to a fact-finding and dispositional hearing, unless
2an adjournment is requested. If the petition is contested and all parties consent, the
3court may proceed immediately to a fact-finding and dispositional hearing. If any
4party does not consent or if an adjournment is requested, the court shall set a date
5for a fact-finding and dispositional hearing that allows reasonable time for the
6parties to prepare but is not more than 30 days after the initial hearing.
AB47,22,137 2. The proposed guardian and any proposed successor guardian shall be
8physically present at all hearings unless the court excuses the attendance of either
9or, for good cause shown, permits attendance by telephone. The child is not required
10to attend any hearings, but if the child has nominated the proposed guardian, the
11child shall provide to the guardian ad litem sufficient information for the guardian
12ad litem to advise the court on whether the nomination is in the best interests of the
13child.
AB47,22,1814 3. If a man who has been given notice under par. (c) 1. appears at the initial
15hearing, alleges that he is the father of the child, and states that he wishes to
16establish the paternity of the child, s. 48.299 (6) applies. The court may order a
17temporary guardianship under sub. (5) pending the outcome of the paternity
18proceedings.
AB47,22,2519 (f) Fact-finding and dispositional hearing. The court shall hold the
20fact-finding and dispositional hearing at the time specified or set by the court under
21this paragraph, at which any party may present evidence, including expert
22testimony, and argument relating to the allegations in the petition. The court shall
23determine whether the petitioner has proven the allegations in the petition under
24par. (b) by clear and convincing evidence and shall immediately proceed to determine
25the appropriate disposition under par. (h), considering the factors under par. (g).
AB47,23,2
1(g) Dispositional factors. In determining the appropriate disposition under par.
2(h), the court shall consider all of the following:
AB47,23,63 1. Any nominations made under sub. (2) (c) 1. or 2. and the opinions of the
4parents and child as to what is in the best interests of the child, but the best interests
5of the child as determined by the court shall control in making the determination
6when those nominations and opinions are in conflict with those best interests.
AB47,23,87 2. Whether the proposed guardian would be fit, willing, and able to serve as the
8guardian of the child.