SB706,10,2522 48.235 (1) (c) The court shall appoint a guardian ad litem for any child who is
23the subject of a proceeding to terminate parental rights, whether voluntary or
24involuntary, for a child who is the subject of a contested adoption proceeding, and for
25a child who is the subject of a proceeding under s. 48.976, 48.977, or 48.978.

SB706,11,52 48.235 (3) (c) In addition to any other duties and responsibilities required of
3a guardian ad litem, a guardian ad litem appointed for a child who is the subject of
4a proceeding under s. 48.976 shall do all of the following unless granted leave by the
5court not to do so:

SB706,11,116 1. Personally, or through a trained designee, meet with the child, assess the
7appropriateness and safety of the environment of the child, and, if appropriate to the
8age and developmental level of the child, interview the child and determine the
9child's goals and concerns regarding the proposed guardianship. If the child is 12
10years of age or over, the guardian ad litem shall also advise the child that he or she
11may request the appointment of counsel or retain counsel of his or her own choosing.

SB706,11,1412 2. Interview the proposed guardian, personally or through a trained designee,
13visit the guardian's home, if appropriate, and report to the court concerning the
14suitability of the proposed guardian to serve as guardian of the child.

SB706,11,1815 3. Attend all court proceedings relating to the guardianship, present evidence
16concerning the best interests of the child, if necessary, and make clear and specific
17recommendations to the court concerning the best interests of the child at every stage
18of the proceeding.

SB706,11,1919 4. Report to the court on any matter that the court requests.

SB706,11,2522 48.255 (1) (cm) Whether the child may be subject to s. 48.028 or the federal
23Indian Child Welfare Act, 25 USC 1901 to 1963, and, if the child may be subject to
24s. 48.028 or that act, the names and addresses of the child's Indian custodian, if any,
25and Indian tribe, if known.

SB706,12,73 48.255 (1m) (d) Whether the unborn child, when born, may be subject to s.
448.028 or the federal Indian Child Welfare Act, 25 USC 1901 to 1963, and, if the
5unborn child may be subject to s. 48.028 or that act, the name and address of the
6Indian tribe in which the unborn child may be eligible for affiliation when born, if
7known.

SB706,12,119 48.299 (4) (a) Chapters 901 to 911 shall govern the presentation of evidence at
10the fact-finding hearings under ss. 48.31, 48.42, 48.976, 48.977 (4) (d), and 48.978
11(2) (e) and (3) (f) 2.

SB706,13,213 48.299 (4) (b) Except as provided in s. 901.05, neither common law nor
14statutory rules of evidence are binding at a hearing for a child held in custody under
15s. 48.21, a hearing for an adult expectant mother held in custody under s. 48.213, a
16runaway home hearing under s. 48.227 (4), a dispositional hearing, or a hearing
17about changes in placement, revision of dispositional orders, extension of
18dispositional orders or termination of guardianship orders entered under s. 48.976,
1948.977 (4) (h) 2. or (6), or 48.978 (2) (j) 2. or (3) (g). At those hearings, the court shall
20admit all testimony having reasonable probative value, but shall exclude
21immaterial, irrelevant or unduly repetitious testimony or evidence that is
22inadmissible under s. 901.05. Hearsay evidence may be admitted if it has
23demonstrable circumstantial guarantees of trustworthiness. The court shall give
24effect to the rules of privilege recognized by law. The court shall apply the basic
25principles of relevancy, materiality and probative value to proof of all questions of

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1fact. Objections to evidentiary offers and offers of proof of evidence not admitted may
2be made and shall be noted in the record.

SB706,13,18 448.345 Disposition of child or unborn child of child expectant mother
5adjudged in need of protection or services. (intro.) If the judge finds that the
6child is in need of protection or services or that the unborn child of a child expectant
7mother is in need of protection or services, the judge shall enter an order deciding one
8or more of the dispositions of the case as provided in this section under a care and
9treatment plan, except that the order may not place any child not specifically found
10under this chapter or chs. 46, 49, 51, 54, or 115 to be developmentally disabled,
11mentally ill, or to have a disability specified in s. 115.76 (5) in facilities a facility that
12exclusively treat treats those categories of children, and the court may not place any
13child expectant mother of an unborn child in need of protection or services outside
14of the child expectant mother's home unless the court finds that the child expectant
15mother is refusing or has refused to accept any alcohol or other drug abuse services
16offered to her or is not making or has not made a good faith effort to participate in
17any alcohol or other drug abuse services offered to her. The dispositions under this
18section are as follows:

SB706,14,320 48.345 (3) (a) The home of a parent or , other relative, or guardian of the child,
21except that the judge may not designate the home of a parent or, other relative, or
22guardian of the child as the child's placement if the parent or, other relative, or
23guardian has been convicted under s. 940.01 of the first-degree intentional homicide,
24or under s. 940.05 of the 2nd-degree intentional homicide, of a parent of the child,
25and the conviction has not been reversed, set aside or vacated, unless the judge

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1determines by clear and convincing evidence that the placement would be in the best
2interests of the child. The judge shall consider the wishes of the child in making that
3determination.

SB706,14,125 48.368 (1) If a petition for termination of parental rights is filed under s. 48.41
6or 48.415 or an appeal from a judgment terminating or denying termination of
7parental rights is filed during the year in which a dispositional order under s. 48.355,
8an extension order under s. 48.365, a voluntary agreement for placement of the child
9under s. 48.63, or a guardianship order under ch. 54, 2007 stats., or ch. 880, 2003
10stats., or s. 48.976 or 48.977 or ch. 54 is in effect, the dispositional or extension order,
11voluntary agreement, or guardianship order shall remain in effect until all
12proceedings related to the filing of the petition or an appeal are concluded.

SB706,14,1815 48.42 (1) (d) A statement of whether the child may be subject to s. 48.028 or the
16federal Indian t Child Welfare Act, 25 USC 1901 to 1963, and, if the child may be
17subject to s. 48.028 or that act, the names of the child's Indian custodian, if any, and
18tribe, if known.

SB706,15,920 48.62 (2) A relative,, or a guardian of a child who provides care and
21maintenance for the child is not required to obtain the license specified in this
22section. The department, county department, or licensed child welfare agency as
23provided in s. 48.75 may issue a license to operate a foster home or a treatment foster
24home to a relative who has no duty of support under s. 49.90 (1) (a) and who requests
25a license to operate a foster home or treatment foster home for a specific child who

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1is either placed by court order or who is the subject of a voluntary placement
2agreement under s. 48.63. The department, a county department, or a licensed child
3welfare agency may, at the request of a guardian appointed under s. 48.976, 48.977,
4or 48.978, ch. 54, 2007 stats., or ch. 880, 2003 stats., license the guardian's home as
5a foster home or treatment foster home for the guardian's minor ward who is living
6in the home and who is placed in the home by court order. Relatives with no duty of
7support and guardians appointed under s. 48.976, 48.977, or 48.978, ch. 54, 2007
8stats., or ch. 880, 2003 stats., who are licensed to operate foster homes or treatment
9foster homes are subject to the department's licensing rules.

SB706,15,2512 48.62 (2) A relative or a guardian of a child who provides care and maintenance
13for the child is not required to obtain the license specified in this section. The
14department, county department, or licensed child welfare agency as provided in s.
1548.75 may issue a license to operate a foster home to a relative who has no duty of
16support under s. 49.90 (1) (a) and who requests a license to operate a foster home for
17a specific child who is either placed by court order or who is the subject of a voluntary
18placement agreement under s. 48.63. The department, a county department, or a
19licensed child welfare agency may, at the request of a guardian appointed under s.
2048.976, 48.977, or 48.978, ch. 54, 2007 stats., or ch. 880, 2003 stats., license the
21guardian's home as a foster home for the guardian's minor ward who is living in the
22home and who is placed in the home by court order. Relatives with no duty of support
23and guardians appointed under s. 48.976, 48.977, or 48.978, ch. 54, 2007 stats., or
24ch. 880, 2003 stats., who are licensed to operate foster homes are subject to the
25department's licensing rules.

SB706,16,82 48.831 (1) Type of guardianship. This section may be used for the appointment
3of a guardian of a child who does not have a living parent if a finding as to the
4adoptability of a child is sought. Except as provided in ss. 48.977 and 48.978, ch. 54
5s. 48.976 applies to the appointment of a guardian for a child who does not have a
6living parent for all other purposes. An appointment of a guardian of the estate of
7a child who does not have a living parent shall be conducted in accordance with the
8procedures specified in ch. 54.

SB706,16,1210 48.831 (1m) (e) A guardian appointed under s. 48.976, ch. 54, 2007 stats., or
11ch. 880, 2003 stats., whose resignation as guardian has been accepted by a court
12under s. 48.976 (10), 54.54 (1), 2007 stats., or s. 880.17 (1), 2003 stats.

SB706,16,15 1448.976 Appointment of guardian of the person of a child. (1) Definition.
15In this section, "interested person" means any of the following:

SB706,16,1616 (a) For purposes of a petition for guardianship of a child, any of the following:

SB706,16,1817 1. The child, if he or she has attained 12 years of age, and the child's guardian
18ad litem and counsel, if any.

SB706,16,1919 2. The child's parents, guardian, legal custodian, and physical custodian.

SB706,16,2320 3. Any person who has filed a declaration of paternal interest under s. 48.025,
21who is alleged to the court to be the father of the child, or who may, based on the
22statements of the mother or other information presented to the court, be the father
23of the child.

SB706,16,2424 4. Any individual who is nominated as guardian.

SB706,17,3

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15. If the child has no living parent, any individual nominated to act as fiduciary
2for the child in a will or other written instrument that was executed by a parent of
3the child.

SB706,17,74 6. If the child is receiving any public services or benefits, the county department
5or, in a county having a population of 500,000 or more, the department that is
6providing the services or benefits, through the person representing the interests of
7the public under s. 48.09.

SB706,17,98 7. If the child is an Indian child, the Indian child's Indian custodian and Indian
9tribe.

SB706,17,1010 8. Any other person that the court may require.

SB706,17,1211 (b) For purposes of proceedings subsequent to an order for guardianship of a
12child, any of the following:

SB706,17,1413 1. The child, if 12 years of age or over, the child's guardian ad litem, and the
14child's counsel.

SB706,17,1515 2. The guardian.

SB706,17,1616 3. The parents of the child.

SB706,17,1817 4. The county of venue, through the person representing the interests of the
18public under s. 48.09, if the county has an interest in the guardianship.

SB706,17,1919 5. If the child is an Indian child, the Indian child's tribe.

SB706,17,2020 6. Any other person that the court may require.

SB706,18,2 21(2) Appointment; nomination; duty and authority. (a) Appointment. 1. This
22section may be used for the appointment of a guardian of the person for a child. An
23appointment of a guardian of the estate of a child shall be conducted under the
24procedures specified in ch. 54. This section does not prohibit a person from

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1petitioning a court under s. 48.831, 48.977, or 48.978 for the appointment of a
2guardian of the person of a child.

SB706,18,63 2. The court may appoint coguardians of the person for a child under this
4section, subject to any conditions that the court imposes. Unless the court orders
5otherwise, any decision concerning the child must be concurred in by all coguardians
6or is void.

SB706,18,127 (b) Nomination by parent or child. 1. A parent may nominate a guardian and
8successor guardian for any of his or her children who is in need of guardianship,
9including a nomination by will. Subject to the rights of a surviving parent, the court
10shall appoint the person nominated as guardian or successor guardian, unless the
11court finds that appointment of the person nominated is not in the child's best
12interests.

SB706,18,1713 2. A child who is 12 years of age or over may nominate his or her own guardian,
14but if the child is in the armed service or is outside of the state or if other good reason
15exists, the court may dispense with the child's right of nomination. If neither parent
16of a child who is 12 years of age or over is fit, willing, and able to be appointed
17guardian, the court may appoint the nominee of the child.

SB706,18,2218 3. In determining who is appointed as guardian, the court shall consider the
19nominations of the parents and child and the opinions of the parents and child as to
20what is in the best interests of the child, but the best interests of the child as
21determined by the court shall control in making the determination when those
22nominations and opinions are in conflict with those best interests.

SB706,19,223 (c) Duties and authority of guardian. 1. `Full guardianship.' Subject to subd.
245., a guardian appointed under sub. (3) (f) 2. shall have all of the duties and authority

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1specified in s. 48.023, unless those duties and that authority are limited under subd.
22.

SB706,19,133 2. `Limited guardianship.' The court may order that the duties and authority
4of a guardian appointed under sub. (3) (f) 2. be limited. The duties and authority of
5a limited guardian shall be as specified by the order of appointment under sub. (3)
6(f) 2. The duties and authority of a full guardian shall apply to a limited guardian
7to the extent relevant to the duties or authority of the limited guardian, except as
8limited by the order of appointment. The court may limit the authority of a guardian
9with respect to any power to allow the parent to retain such power to make decisions
10as is within the parent's ability to exercise effectively and may limit the physical
11custody of a guardian to allow shared physical custody with the parent if shared
12physical custody is in the best interests of the child. The court shall set an expiration
13date for a limited guardianship order, which may be extended for good cause shown.

SB706,19,1814 3. `Temporary guardianship.' If it is demonstrated to the court that a child's
15particular situation, including the inability of the child's parent to provide for the
16care, custody, and control of the child for a temporary period of time, requires the
17appointment of a temporary guardian, the court may appoint a temporary guardian
18as provided under sub. (4).

SB706,19,2119 4. `Emergency guardianship.' If it is demonstrated to the court that the welfare
20of a child requires the immediate appointment of an emergency guardian, the court
21may appoint an emergency guardian as provided under sub. (5).

SB706,20,322 5. `Powers of guardian.' The parent retains all rights and duties accruing to the
23parent as a result of the parent-child relationship that are not assigned to the
24guardian or otherwise limited by statute or court order. A guardian acting on behalf
25of a child may exercise only those powers that the guardian is authorized to exercise

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1by statute or court order. The court may authorize a guardian to exercise only those
2powers that are necessary to provide for the care, custody, and control of the child and
3to exercise those powers in a manner that is appropriate to the child.

SB706,20,9 4(3) Procedures. (a) Petition. Any person, including a child 12 years of age or
5over on his or her own behalf, may petition for the appointment of a guardian for a
6child. A petition for guardianship may include an application for protective
7placement or protective services or both under ch. 55. The petition shall be entitled
8"In the interest of .... (child's name), a person under the age of 18" and shall state all
9of the following, if known to the petitioner:

SB706,20,1010 1. The name, date of birth, and address of the child.

SB706,20,1211 2. The names and addresses of the child's parents, current guardian and legal
12custodian, if any, proposed guardian, and all other interested persons.

SB706,20,1413 3. Whether the petitioner is requesting a full guardianship, a limited
14guardianship, a temporary guardianship, or an emergency guardianship.

SB706,20,1815 4. If the petitioner is requesting a full guardianship, the facts and
16circumstances establishing that the child's parents are unfit, unwilling, or unable to
17provide for the care, custody, and control of the child or other compelling facts and
18circumstances demonstrating that a full guardianship is necessary.

SB706,20,2319 5. If the petitioner is requesting a limited guardianship, the facts and
20circumstances establishing that the child's parents need assistance in providing for
21the care, custody, and control of the child and a statement of the specific duties and
22authority under s. 48.023 sought by the petitioner for the proposed guardian and the
23specific parental rights and duties that the petitioner seeks to have transferred.

SB706,21,424 6. If the petitioner is requesting a temporary guardianship, the facts and
25circumstances establishing that the child's particular situation, including the

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1inability of the child's parents to provide for the care, custody, and control of the child
2for a temporary period of time, requires the appointment of a temporary guardian;
3the reasons for the appointment of a temporary guardian; and the powers requested
4for the temporary guardian.

SB706,21,75 7. If the petitioner is requesting an emergency guardianship, the facts and
6circumstances establishing that the welfare of the child requires the immediate
7appointment of an emergency guardian.

SB706,21,98 8. The facts and circumstances establishing that the proposed guardian is fit,
9willing, and able to serve as the child's guardian.

SB706,21,1110 9. Whether the proceedings are subject to the Uniform Child Custody
11Jurisdiction and Enforcement Act under ch. 822.

SB706,21,1512 10. Whether the child may be subject to s. 48.028 or the federal Indian Child
13Welfare Act, 25 USC 1901 to 1963 and, if the child may be subject to s. 48.028 or that
14act, the names and addresses of the child's Indian custodian, if any, and Indian tribe,
15if known.

SB706,21,2116 11. If the petitioner knows or has reason to know that the child is an Indian
17child, reliable and credible information showing that continued custody of the child
18by the child's parent or Indian custodian is likely to result in serious emotional or
19physical damage to the child under s. 48.028 (4) (d) 1. and that active efforts under
20s. 48.028 (4) (d) 2. have been made to prevent the breakup of the Indian child's family
21and that those efforts have proved unsuccessful.

SB706,21,2422 12. Whether the petitioner is aware of any guardianship or other related
23proceeding involving the child that is pending in another state or county and, if so,
24the details of the guardianship or related proceeding.

SB706,22,5

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1(b) Service of petition and notice. 1. Except as provided in subd. 3., the
2petitioner shall cause the petition and notice of the time and place of the hearing
3under par. (d) to be served at least 10 days before the time of the hearing upon all
4interested persons, unless notice is specifically waived by an interested person or by
5the court for good cause shown.

SB706,22,116 2. A notice shall be in writing. A copy of the petition and any other required
7document shall be attached to the notice. Except as provided in subd. 3., notice shall
8be delivered in person or by 1st class mail. Notice is considered to be given by proof
9of personal delivery, by proof that the notice was mailed to the last-known address
10of the recipient, or, if the recipient is an adult, by the written admission of service of
11the person served.

SB706,22,2012 3. If the petitioner knows or has reason to know that the child is an Indian child,
13notice to the Indian child's parent, Indian custodian, and Indian tribe shall be
14provided in the manner specified in s. 48.028 (4) (a). No hearing may be held under
15par. (d) until at least 10 days after receipt of the notice by the Indian child's parent,
16Indian custodian, and Indian tribe or, if the identity or location of the Indian child's
17parent, Indian custodian, or tribe cannot be determined, until at least 15 days after
18receipt of the notice by the U.S. secretary of the interior. On request of the Indian
19child's parent, Indian custodian, or Indian tribe, the court shall grant a continuance
20of up to 20 additional days to enable the requester to prepare for the hearing.

SB706,23,221 (c) Statement by proposed guardian. 1. At least 96 hours before the hearing
22under par. (d), the proposed guardian shall submit to the court a sworn and notarized
23statement as to the number of persons for whom the proposed guardian is
24responsible, whether as a parent, guardian, or legal custodian, as to the proposed
25guardian's income, assets, debts, and living expenses, and as to whether the

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1proposed guardian is currently charged with or has been convicted of a crime or has
2been determined under s. 48.981 (3) (c) to have abused or neglected a child.

SB706,23,53 2. If subd. 1. applies to the proposed guardian, he or she shall include in the
4sworn and notarized statement a description of the circumstances surrounding the
5applicable event under subd. 1.

SB706,23,176 (d) Hearing. 1. The initial hearing on a petition for guardianship, other than
7a petition for emergency guardianship under sub. (5), shall be heard within 30 days
8after the filing of the petition. At the hearing the court shall first determine whether
9any party wishes to contest the petition. If the petition is not contested, the court
10shall immediately proceed to a fact-finding and dispositional hearing, unless an
11adjournment is requested. If the petition is contested or if an adjournment is
12requested, the court shall set a date for a fact-finding and dispositional hearing that
13allows reasonable time for the parties to prepare but is not more than 30 days after
14the initial hearing. The court shall hold the fact-finding and dispositional hearing
15at the time specified or set by the court under this subdivision, at which any
16interested person described in subd. 3. may present evidence, including expert
17testimony, and argument relating to the allegations in the petition.

SB706,24,318 2. If the petition is contested, on the request of any interested person or on the
19court's own motion, the court may order the county department, a licensed child
20welfare agency, or, in a county having a population of 500,000 or more, the
21department or an agency under contract with the department to conduct an
22investigation to determine whether the child is a proper subject for guardianship and
23whether the proposed guardian's home is suitable for the child. The person
24conducting the investigation shall file a report of its investigation with the court at
25least 96 hours before the fact-finding and dispositional hearing. The parents of the

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1child and the proposed guardian shall reimburse the person conducting the
2investigation for the cost of the investigation according to a fee schedule established
3by the department based on ability to pay.

SB706,24,114 3. The proposed guardian and any proposed standby guardian shall be
5physically present at the hearing unless the court excuses the attendance of either
6or, for good cause shown, permits attendance by telephone. The child is not required
7to attend the hearing, but if the child has nominated the proposed guardian, the child
8shall provide to his or her guardian ad litem sufficient information for the guardian
9ad litem to advise the court whether the nomination is in the best interests of the
10child. An interested person may participate in the hearing on the petition if the court
11determines that the interested person is a necessary party under s. 803.03.

SB706,24,1312 (e) Dispositional factors. In determining the appropriate disposition under this
13section, the court shall consider all of the following:

SB706,24,1714 1. Any nominations made under sub. (2) (b) 1. or 2. and the opinions of the
15parents and child as to what is in the best interests of the child, but the best interests
16of the child as determined by the court shall control in making the determination
17when those nominations and opinions are in conflict with those best interests.

SB706,24,1918 2. Whether the proposed guardian would be fit, willing, and able to serve as the
19guardian of the child.

SB706,24,2220 3. If the child is an Indian child, the order of placement preference under s.
2148.028 (7) (b) or, if applicable, s. 48.028 (7) (c), unless the court finds good cause, as
22described in s. 48.028 (7) (e), for departing from that order.

SB706,24,2423 4. Whether appointment of the proposed guardian as the child's guardian is in
24the best interests of the child.

SB706,25,2

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1(f) Disposition. At the conclusion of the hearing under par. (d), the court shall
2grant one of the following dispositions:

SB706,25,63 1. A disposition dismissing the petition if the court finds that the petitioner has
4not proved the allegations in the petition by clear and convincing evidence or
5determines that appointment of the proposed guardian as the child's guardian is not
6in the best interests of the child.

SB706,25,157 2. A disposition ordering that the proposed guardian be appointed as the child's
8full guardian under sub. (2) (c) 1., limited guardian under sub. (2) (c) 2., or temporary
9guardian under sub. (2) (c) 3., if the court finds that the petitioner has proved the
10allegations in the petition by clear and convincing evidence and determines that such
11an appointment is in the best interests of the child. The disposition may also
12designate an amount of support to be paid by the child's parents and, subject to sub.
13(12), may include reasonable rules of parental visitation. If the court orders the
14proposed guardian to be appointed as the child's guardian, the court shall issue
15letters of guardianship to the guardian.

SB706,25,24 16(4) Temporary guardianships. (a) Duration and extent of authority. The court
17may appoint a temporary guardian for a child for a period not to exceed 180 days,
18except that the court may extend this period for good cause shown for one additional
19180-day period. The court's determination and order appointing the temporary
20guardian shall specify the authority of the temporary guardian, which shall be
21limited to those acts that are reasonably related to the reasons for the appointment
22that are specified in the petition for temporary guardianship. The authority of the
23temporary guardian is limited to the performance of those acts stated in the order
24of appointment.