Note: Permits a juvenile court to designate the child's placement with a guardian
appointed under new s. 48.977 (2), stats., as the child's permanent foster home or
treatment foster home placement for the purpose of making an exception in s. 48.368 (2),
stats., as created by this bill, to the provision in s. 48.355 (4) (a), stats., that CHIPS
dispositional orders, revisions of dispositional orders and extensions of dispositional

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orders terminate at the end of one year unless the juvenile court specifies a shorter time
period.

Note: Sets forth the procedures applicable to appointment of a relative as a
guardian for certain children in need of protection or services, as specified in s. 48.977 (2),
stats., as created by this bill, including: (1) who may file the petition; (2) the contents of
the petition; (3) service of the petition and notice of the time and place of the fact-finding
hearing; (4) requirement to hold a fact-finding hearing; (5) factors to be considered in the
disposition; (6) the contents of a report to the juvenile court to be submitted by the person
or agency primarily responsible for providing services to the child at least 48 hours prior
to the dispositional hearing; (7) the possible dispositions relating to the guardianship
petition; and (8) the effect of the disposition on the permanency plan review process [the
bill specifies that the plan must continue to be reviewed under s. 48.38 (5), stats., if the
child's case continues to be subject to the provisions of s. 48.38, stats., regarding
permanency planning].

Note: Creates provisions relating to the duties and authority of a guardian and
a limited guardian appointed under s. 48.977 (2), stats., as created by this bill. A guardian
shall have the duties and authority of a guardian specified in s. 48.023, stats. A limited
guardian shall have such duties and authority as specified by the juvenile court's order
of appointment or any revised order under s. 48.977 (6), stats., as created by this bill. This
subsection specifies that all provisions of the statutes concerning the duties and authority
of a guardian shall apply to a limited guardian under s. 48.977 (2), stats., as created by
this bill, to the extent those provisions are relevant to the duties or authority of the limited
guardian, except as limited by the order of appointment.

Note: Creates a separate revision of order section applicable to guardianship
orders under s. 48.977, stats., as created by this bill. The revision request (or the juvenile
court proposal if the juvenile court proposes a revision on its own motion) must set forth
in detail the nature of the requested or proposed revision and must allege: (1) facts
sufficient to show that there has been a substantial change in circumstances since the last
order affecting guardianship was entered; (2) that the revision would be in the best
interests of the child; and (3) any other information that affects the advisability of the
juvenile court's disposition. The subsection specifies circumstances under which the
juvenile court must hold a hearing on the matter, persons to be notified of the date, place
and purpose of the hearing and the findings the juvenile court must make before ordering
a revision.

Note: Creates a new provision relating to termination of a guardianship ordered
by the juvenile court under s. 48.977 (2), stats., as created by this bill, specifying all of the
following:

1. That unless the juvenile court orders the guardianship to be for a lesser period
of time, the guardianship must continue until the child reaches 18 years of age or until
terminated by the juvenile court, whichever occurs earlier.

2. The guardian may be removed for cause on the request of a party entitled to file
a petition for guardianship. The request (or the juvenile court's proposal if the juvenile
court seeks removal on its own motion) must allege facts sufficient to show that the
guardian is or has been neglecting, is or has been refusing or is or has been unable to
discharge the guardian's trust. After a hearing on the matter (unless one is not necessary
because written waivers of objections to the removal are signed by all parties entitled to
receive notice), the juvenile court must remove the guardian for cause if, at the hearing,
the juvenile court: (a) finds that the guardian is or has been neglecting, is or has been
refusing or is or has been unable to discharge the guardian's trust; and (b) determines
that removal of the guardian would be in the best interests of the child.

3. The guardian may resign at any time if the resignation is accepted by the
juvenile court.

4. The guardianship may be terminated on the request of the child's parent. The
request must allege facts sufficient to show that: (a) there has been a substantial change
in circumstances since the last order affecting the guardianship was entered; (b) the
parent is willing and able to carry out the duties of a guardian; and (c) the proposed
termination of guardianship would be in the best interests of the child. After a hearing
on the matter (unless one is not necessary because written waivers of objection to the
termination are signed by all parties entitled to receive notice), the juvenile court must
terminate the guardianship if, at the hearing, the juvenile court: (a) finds that there has
been a substantial change in circumstances since the last order affecting the
guardianship was entered and that the parent is willing and able to carry out the duties
of a guardian; and (b) determines that termination of the guardianship would be in the
best interests of the child.

Note: Repeals the definition of "abuse" under s. 48.981, stats. (the child abuse and
neglect reporting and investigation statute), to reflect the creation of the definition of
"abuse" in the general definitions section of ch. 48 (s. 48.02 (1), stats., as created by this
bill).

Under current s. 48.981 (1) (a), stats., "abuse" means any of the following:

1. "Physical injury", as defined in current s. 48.981 (1) (e), stats., inflicted on a child
by other than accidental means.

2. Sexual intercourse or sexual contact under s. 940.225, stats. (the general sexual
assault statute), 948.02, stats. (sexual assault of a child), or 948.025, stats. (repeated acts
of sexual assault against the same child).

3. A violation of s. 948.05, stats. (sexual exploitation of a child).

4. Permitting, allowing or encouraging a child to violate s. 944.30, stats.
(prostitution).

5. Emotional damage, as defined in current s. 48.981 (1) (cm), stats.

6. A violation of s. 948.055, stats. (causing a child to view or listen to sexual
activity).

The definition of "abuse" in s. 48.02 (1), as created by this bill, is identical to the
definition in current s. 48.981 (1) (a), stats., with the following exceptions:

1. The definition of "physical injury", which is a component of the definition of
"abuse", is changed by this bill. This bill repeals the definition of "physical injury" in
current s. 48.981 (1) (e), stats., and creates a new definition of "physical injury" in s. 48.02
(14m), stats., as created by this bill.

2. The underlying definition of "emotional damage", which is a component of the
definition of "abuse", is changed by this bill. The bill repeals the definition of "emotional
damage" in current s. 48.981 (1) (cm), stats., and creates a new definition of "emotional
damage" in s. 48.02 (5j), stats., as created by this bill.

3. A violation of s. 948.10, stats., (for purposes of sexual arousal or gratification,
either causing a child to expose genitals or pubic area or exposing genitals or pubic area
to a child) has been added.

Note: Repeals the definition of "child" under s. 48.981, stats., as the term is defined
in the same way in the current general definitions section of ch. 48 (s. 48.02 (2), stats.).

Note: Repeals the definition of "emotional damage" under s. 48.981, stats., to
reflect creation of the definition of "emotional damage" in the general definitions section
of ch. 48 (s. 48.02 (5j), stats., as created by this bill).

Under current s. 48.981 (1) (cm), stats., "emotional damage" means "...harm to a
child's psychological or intellectual functioning which is exhibited by severe anxiety,
depression, withdrawal or outward aggressive behavior, or a combination of those
behaviors, and for which the child's parent, guardian or legal custodian has failed to
obtain the treatment necessary to remedy the harm. "Emotional damage" may be
demonstrated by a substantial and observable change in behavior, emotional response or
cognition that is not within the normal range for the child's age and stage of
development.".

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Under s. 48.02 (5j), stats., as created by this bill, "emotional damage" means harm
to a child's psychological or intellectual functioning for which the child's parent, guardian
or legal custodian has neglected, refused or been unable to obtain the necessary
treatment or to take necessary steps to ameliorate the symptoms. Section 48.02 (5j),
stats., as created by this bill, further requires that the emotional damage be evidenced
by one or more of the following characteristics exhibited to a substantial degree:

1. Anxiety.

2. Depression.

3. Withdrawal.

4. Outward aggressive behavior.

5. Substantial and observable change in behavior, emotional response or cognition
that is not within the normal range for the child's age and stage of development.

Note: Repeals the definition of "physical injury" under s. 48.981, stats., to reflect
creation of the definition of "physical injury" in the general definitions section of ch. 48
(s. 48.02 (14m), as created by this bill).