AB47,21,21 (d) Statement by proposed guardian. At least 96 hours before the hearing under par. (e), the proposed guardian shall submit to the court a sworn and notarized statement as to the number of persons for whom the proposed guardian is responsible, whether as a parent, guardian, or legal custodian, as to the proposed guardian's income, assets, debts, and living expenses, and as to whether the proposed guardian is currently charged with or has been convicted of a crime or has been determined under s. 48.981 (3) (c) to have abused or neglected a child. If the proposed guardian is currently charged with or has been convicted of a crime or has been determined under s. 48.981 (3) (c) to have abused or neglected a child, he or she shall include in the sworn and notarized statement a description of the circumstances surrounding the charge, conviction, or determination.

AB47,22,6 (e) Initial hearing. 1. The initial hearing on a petition for guardianship, other than a petition for emergency guardianship under sub. (6), shall be heard within 45 days after the filing of the petition. At the hearing, the court shall first determine whether any party wishes to contest the petition. If the petition is not contested, the court shall immediately proceed to a fact-finding and dispositional hearing, unless an adjournment is requested. If the petition is contested and all parties consent, the court may proceed immediately to a fact-finding and dispositional hearing. If any party does not consent or if an adjournment is requested, the court shall set a date for a fact-finding and dispositional hearing that allows reasonable time for the parties to prepare but is not more than 30 days after the initial hearing.

AB47,22,13 2. The proposed guardian and any proposed successor guardian shall be physically present at all hearings unless the court excuses the attendance of either or, for good cause shown, permits attendance by telephone. The child is not required to attend any hearings, but if the child has nominated the proposed guardian, the child shall provide to the guardian ad litem sufficient information for the guardian ad litem to advise the court on whether the nomination is in the best interests of the child.

AB47,22,18 3. If a man who has been given notice under par. (c) 1. appears at the initial hearing, alleges that he is the father of the child, and states that he wishes to establish the paternity of the child, s. 48.299 (6) applies. The court may order a temporary guardianship under sub. (5) pending the outcome of the paternity proceedings.

AB47,22,25 (f) Fact-finding and dispositional hearing. The court shall hold the fact-finding and dispositional hearing at the time specified or set by the court under this paragraph, at which any party may present evidence, including expert testimony, and argument relating to the allegations in the petition. The court shall determine whether the petitioner has proven the allegations in the petition under par. (b) by clear and convincing evidence and shall immediately proceed to determine the appropriate disposition under par. (h), considering the factors under par. (g).

AB47,23,2 (g) Dispositional factors. In determining the appropriate disposition under par. (h), the court shall consider all of the following:

AB47,23,6 1. Any nominations made under sub. (2) (c) 1. or 2. and the opinions of the parents and child as to what is in the best interests of the child, but the best interests of the child as determined by the court shall control in making the determination when those nominations and opinions are in conflict with those best interests.

AB47,23,8 2. Whether the proposed guardian would be fit, willing, and able to serve as the guardian of the child.

AB47,23,11 3. If the child is an Indian child, the order of placement preference under s. 48.028 (7) (b) or, if applicable, s. 48.028 (7) (c), unless the court finds good cause, as described in s. 48.028 (7) (e), for departing from that order.

AB47,23,13 4. Whether appointment of the proposed guardian as the child's guardian is in the best interests of the child.

AB47,23,16 (h) Disposition. At the conclusion of the hearing under par. (f), the court shall grant one of the following dispositions, unless the court adjourns the hearing under par. (i):

AB47,23,23 1. A disposition dismissing the petition if the court finds that the petitioner has not proved the allegations in the petition by clear and convincing evidence or determines that appointment of the proposed guardian as the child's guardian is not in the best interests of the child. Dismissal of a petition under this subdivision does not preclude the court from referring the child to the intake worker for an intake inquiry under s. 48.24 or from acting as an intake worker at the court's discretion under s. 48.10.

AB47,24,5 2. A disposition ordering the guardianship and issuing letters of guardianship if the court finds that the petitioner has proved the allegations in the petition by clear and convincing evidence and determines that such an appointment is in the best interests of the child. A dispositional order for a full, limited, or temporary guardianship under this subsection may not change the placement of a child under the supervision of a court pursuant to s. 48.13, 48.133, or 48.14 or ch. 938. The disposition shall include all of the following:

AB47,24,7 a. Whether the appointment is for a full, limited, or temporary guardianship, and, if limited or temporary, the limitations and expiration date of the guardianship.

AB47,24,8 b. If applicable, the amount of support to be paid by the child's parents.

AB47,24,14 c. If applicable, and subject to sub. (13), reasonable rules of parental visitation. Subject to a court order under this subdivision or sub. (9) or (13), the guardian's decision regarding visitation is presumed to be in the best interest of the child and, if the court reviews the decision, the petitioner has the burden of proving by clear and convincing evidence that the decision of the guardian is not in the best interest of the child.

AB47,25,2 (i) Adjournment; proposed guardian unfit or not in best interests. If at the conclusion of the hearing under par. (f) the court finds that the petitioner has proved the allegations in the petition, other than the allegation specified in par. (b) 8., by clear and convincing evidence, but that the proposed guardian is not fit, willing, and able to serve as the guardian of the child, or if the court finds that the petitioner has so proved all of the allegations in the petition, but that appointment of the proposed guardian as the child's guardian is not in the best interests of the child, the court may, in lieu of granting a disposition dismissing the petition under par. (h) 1., adjourn the hearing for not more than 30 days, request the petitioner or any other party to nominate a new proposed guardian, and order the guardian ad litem to report to the court concerning whether the new proposed guardian is fit, willing, and able to serve as the guardian of the child.

AB47,25,11 (5) Temporary guardianships. (a) Duration and extent of authority. The court may appoint a temporary guardian for a child for a period not to exceed 180 days, except that the court may extend this period for good cause shown for one additional 180-day period. The court's determination and order appointing the temporary guardian shall specify the authority of the temporary guardian, which shall be limited to those acts that are reasonably related to the reasons for the appointment that are specified in the petition for temporary guardianship. The authority of the temporary guardian is limited to the performance of those acts stated in the order of appointment.

AB47,25,14 (b) Procedures for appointment. A petition for the appointment of a temporary guardian shall be heard in the same manner and is subject to the same requirements as provided in this section for the appointment of a full or limited guardian.

AB47,25,19 (c) Cessation of powers. The duties and powers of the temporary guardian cease upon the expiration of the period specified in par. (a), or the termination as determined by the court of the situation of the child that was the cause of the temporary guardianship. Upon cessation of a temporary guardianship, the temporary guardian shall file with the court any report that the court requires.

AB47,26,2 (6) Emergency guardianships. (a) Duration and extent of authority. The court may appoint an emergency guardian for a child for a period not to exceed 60 days. The court's determination and order appointing the emergency guardian shall specify the authority of the emergency guardian and shall be limited to those acts that are reasonably related to the reasons for the appointment that are specified in the petition for emergency guardianship. The authority of the emergency guardian is limited to the performance of those acts stated in the order of appointment.

AB47,26,4 (b) Procedures for appointment. All of the following procedures apply to the appointment of an emergency guardian:

AB47,26,8 1. Any person may petition for the appointment of an emergency guardian for a child. The petition shall contain the information required under sub. (4) (b) and shall specify the reasons for the appointment of an emergency guardian and the powers requested for the emergency guardian.

AB47,26,19 2. The petitioner shall give notice of the petition and of the time and place of the hearing under subd. 4. to the child, if 12 years of age or over, the child's guardian ad litem, and the child's counsel, if any; the child's parents, guardian, and legal custodian; and the person nominated as emergency guardian. The notice and a copy of the petition shall be served as soon after the filing of the petition as possible, shall be served by the most practical means possible, including personal service or service by electronic mail or telephone, and shall include notice of the right to petition for reconsideration or modification of the emergency guardianship under subd. 5. If the petitioner serves notice of the hearing after the hearing is conducted and the court has entered an order, the petitioner shall include the court's order with the notice of the hearing.

AB47,27,5 3. The court shall appoint a guardian ad litem for the child as soon as possible after the filing of the petition. The court shall attempt to appoint the guardian ad litem before the hearing on the petition, but may appoint the guardian ad litem after the hearing if the court finds that exigent circumstances require the immediate appointment of an emergency guardian. The guardian ad litem shall conduct a diligent investigation sufficient to represent the best interests of the child in court. If the court appoints a guardian ad litem after entry of the order granting the emergency guardianship, the guardian ad litem may petition for reconsideration or modification of the emergency guardianship under subd. 5. If the court dismisses the petition for emergency guardianship prior to appointing a guardian ad litem, the court need not appoint a guardian ad litem unless the petition is refiled.

AB47,27,11 4. The court shall hold a hearing on the emergency guardianship petition as soon as possible after the filing of the petition or, for good cause shown, may issue a temporary order appointing an emergency guardian without a hearing that shall remain in effect until a hearing is held on the emergency guardianship petition. If appointed prior to the hearing, the guardian ad litem shall attend the hearing in person or by telephone.

AB47,27,15 5. If the court appoints an emergency guardian, any person specified in subd. 2. may petition for reconsideration or modification of the emergency guardianship and the court shall hold a rehearing on the issue of appointment of the emergency guardian within 30 calendar days after the filing of the petition.

AB47,27,20 6. If the court determines that the welfare of the child does not require the immediate appointment of an emergency guardian, the court may dismiss the petition. Dismissal of a petition under this subdivision does not preclude the court from referring the child to the intake worker for an intake inquiry under s. 48.24 or from acting as an intake worker at the judge's discretion under s. 48.10.

AB47,27,25 (c) Immunity. An emergency guardian of a child is immune from civil liability for his or her acts or omissions in performing the duties of emergency guardianship if he or she performs the duties in good faith, in the best interests of the child, and with the degree of diligence and prudence that an ordinarily prudent person exercises in his or her own affairs.