The GAL is required to attend all court proceedings relating to the guardianship, present evidence concerning the best interest of the child, if necessary, and make clear and specific recommendations to the court at every stage of the proceedings. Further, the bill requires the GAL to inspect certain reports and records relating to the child and, upon presentation of necessary releases, the child's family and the proposed guardian. The court must order custodians of the specified reports or records to permit inspection and copying of such reports or records by the GAL.
Post-Appointment Matters
The bill allows a court, on its own motion or upon the petition of any interested person, to appoint a successor guardian after a guardian has died, been removed, or resigned, or as a part of the original appointment or any time after, even while the current guardianship is still in place.
Under the bill, if the guardian abuses or neglects the child or knowingly permits others to do so, fails to disclose information that would have prevented his or her appointment as guardian, fails to follow or comply with the court's order, or otherwise fails to perform any of his or her duties as guardian, the court may exercise its continuing jurisdiction to impose certain remedies, including removal of the guardian and appointment of a successor guardian, modification of the duties and authority of the guardian, or entry of an order that may be necessary or appropriate to compel the guardian to carry out the guardian's duties. The court may also require the guardian to pay any costs of the proceeding if the guardian's conduct was egregious. The bill requires the court to hold a hearing on a petition for the review of the conduct of a guardian within 30 days of the filing of the petition.
The bill authorizes a court to modify a guardianship order, if the court finds that there has been a substantial change in circumstances since the last order affecting the guardianship was entered and that the proposed modification is in the child's best interests.
Under the bill, a guardianship continues until the child attains the age of 18 years unless 1) the guardianship is for a lesser period of time and that time has expired; 2) the child marries; 3) the child dies; 4) the child's residence changes from this state to another state and a guardian is appointed in the new state of residence; 5) the guardian dies, or resigns and the resignation is approved by the court, and a successor guardian is not appointed; 6) the guardian is removed for cause and a successor guardian is not appointed; 7) the guardianship is terminated on the request of a parent or the child; or 8) the court terminates the guardianship upon the adoption of the child.
The bill also allows a parent or child to petition for termination of a guardianship. Specifically, the court must terminate the guardianship if it finds that the petitioner has shown by a preponderance of the evidence that a substantial change in circumstances since the last order affecting the guardianship was entered, that the parent is fit, willing, and able to carry out the duties of a guardian or that no compelling facts or circumstances exist demonstrating that a guardianship is necessary, and that termination of the guardianship would be in the best interests of the child.
109,1
Section 1
. 48.09 (5) of the statutes is amended to read:
48.09 (5) By the district attorney or, if designated by the county board of supervisors, by the corporation counsel, in any matter arising under s. 48.13, 48.133, or 48.977 or, if applicable, s. 48.9795. If the county board transfers this authority to or from the district attorney on or after May 11, 1990, the board may do so only if the action is effective on September 1 of an odd-numbered year and the board notifies the department of administration of that change by January 1 of that odd-numbered year.
109,2
Section 2
. 48.14 (2) (b) of the statutes is amended to read:
48.14 (2) (b) The appointment and removal of a guardian of the person for a child under ss. 48.427, 48.43, 48.831, 48.832, 48.839 (4) (a), 48.977, and 48.978 and ch. 54, and for a child found to be in need of protection or services under s. 48.13 because the child is without parent or guardian.
109,3
Section 3
. 48.14 (11) of the statutes is amended to read:
48.14 (11) Granting visitation privileges under s. 54.56 48.9795 (12).
109,3m
Section 3m. 48.14 (13) of the statutes is created to read:
48.14 (13) The appointment and removal of a guardian of the person for a child under s. 48.9795.
109,4
Section 4
. 48.15 of the statutes is amended to read:
48.15 Jurisdiction of other courts to determine legal custody. Except as provided in s.
ss. 48.028 (3) and 48.9795 (2) (b) 2., nothing in this chapter deprives another court of the right to determine the legal custody of a child by habeas corpus or to determine the legal custody or guardianship of a child if the legal custody or guardianship is incidental to the determination of an action pending in that court. Except as provided in s. 48.028 (3), the jurisdiction of the court assigned to exercise jurisdiction under this chapter and ch. 938 is paramount in all cases involving children alleged to come within the provisions of ss. 48.13 and 48.14 and unborn children and their expectant mothers alleged to come within the provisions of ss. 48.133 and 48.14 (5).
109,5
Section 5
. 48.235 (1) (c) of the statutes is amended to read:
48.235 (1) (c) The court shall appoint a guardian ad litem for any child who is the subject of a proceeding to terminate parental rights, whether voluntary or involuntary, for a child who is the subject of a contested adoption proceeding, and for a child who is the subject of a proceeding under s. 48.977 or, 48.978
, or 48.9795.
109,6
Section 6
. 48.255 (1) (intro.) of the statutes is amended to read:
48.255 (1) (intro.) A petition initiating proceedings under this chapter, other than a petition under s. 48.133 or 48.9795, shall be entitled, “In the interest of (child's name), a person under the age of 18'' and shall set forth with specificity:
109,7
Section 7
. 48.293 (2) of the statutes is amended to read:
48.293 (2) All records relating to a child, or to an unborn child and the unborn child's expectant mother, that are relevant to the subject matter of a proceeding under this chapter shall be open to inspection by a guardian ad litem or counsel for any party and to inspection by the court-appointed special advocate for the child, upon demand and upon presentation of releases when necessary, at least 48 hours before the proceeding. Persons entitled to inspect the records may obtain copies of the records with the permission of the custodian of the records or with permission of the court. The court may instruct counsel, a guardian ad litem, or a court-appointed special advocate not to disclose specified items in the materials to the child or the parent, or to the expectant mother, if the court reasonably believes that the disclosure would be harmful to the interests of the child or the unborn child. This subsection does not apply to a guardianship proceeding under s. 48.9795.
109,8
Section 8
. 48.299 (4) (a) of the statutes is amended to read:
48.299 (4) (a) Chapters 901 to 911 shall govern the presentation of evidence at the fact-finding hearings under ss. 48.31, 48.42, 48.977 (4) (d) and, 48.978 (2) (e) and (3) (f) 2., and 48.9795.
109,9
Section
9. 48.299 (4) (b) of the statutes is amended to read:
48.299 (4) (b) Except as provided in s. 901.05, neither common law nor statutory rules of evidence are binding at a hearing for a child held in custody under s. 48.21, a hearing for an adult expectant mother held in custody under s. 48.213, a runaway home hearing under s. 48.227 (4), a dispositional hearing, or a hearing about changes in placement, trial reunifications, revision of dispositional orders, extension of dispositional orders, or termination of guardianship orders entered under s. 48.977 (4) (h) 2. or (6) or, 48.978 (2) (j) 2. or (3) (g), or 48.9795. At those hearings, the court shall admit all testimony having reasonable probative value, but shall exclude immaterial, irrelevant, or unduly repetitious testimony or evidence that is inadmissible under s. 901.05. Hearsay evidence may be admitted if it has demonstrable circumstantial guarantees of trustworthiness. The court shall give effect to the rules of privilege recognized by law. The court shall apply the basic principles of relevancy, materiality, and probative value to proof of all questions of fact. Objections to evidentiary offers and offers of proof of evidence not admitted may be made and shall be noted in the record.
109,10
Section 10
. 48.299 (6) (intro.) of the statutes is amended to read:
48.299 (6) (intro.) If a man who has been given notice under s. 48.27 (3) (b) 1., 48.977 (4) (c) 1., 48.978 (2) (c) 1., or 48.9795 (4) (c) 1. appears at any hearing for which he received the notice, alleges that he is the father of the child, and states that he wishes to establish the paternity of the child, all of the following apply: