Section 48.85. Recommendation of guardian.

 

(1)  At least 10 days prior to the hearing, the guardian shall file its recommendation with the court. In making a recommendation under this subsection with respect to an Indian child, the guardian shall comply with the order of placement preference under s. 48.028 (7) (a) or, if applicable, s. 48.028 (7) (c) .

(2)  The guardian's recommendation shall be presumed to be in the best interests of the child unless the fair preponderance of the credible evidence is to the contrary. If the guardian's recommendation is in opposition to the granting of the petition, the court shall take testimony as to whether or not the proposed adoption is in the best interests of the child.

(3)  At the conclusion of the hearing, the court shall enter its order in accordance with s. 48.91 (3) .

1973 c. 263 ; 2009 a. 94 .