2019 WISCONSIN ACT 109
An Act to renumber subchapter XX of chapter 48 [precedes 48.98]; to renumber and amend 54.56, 54.57, 808.075 (4) (f) 3. and 814.66 (1) (m); to amend 48.09 (5), 48.14 (2) (b), 48.14 (11), 48.15, 48.235 (1) (c), 48.255 (1) (intro.), 48.293 (2), 48.299 (4) (a), 48.299 (4) (b), 48.299 (6) (intro.), 48.299 (6) (d), 48.299 (7), 48.368 (1), 48.465 (3), 48.57 (3m) (am) 1., 48.57 (3n) (am) 1., 48.62 (2), 48.831 (1), 48.831 (1m) (e), 48.977 (8), 48.978 (7), 51.30 (4) (b) 18. a., 51.30 (4) (b) 18. c., 54.01 (10), 54.10 (1), 54.15 (6), 54.25 (2) (d) 1., 54.25 (2) (d) 2. o., 54.52 (1), 55.03 (1), 115.76 (12) (b) 2., 118.125 (2) (L), 146.82 (2) (a) 9. a., 146.82 (2) (a) 9. c., 757.69 (1) (g) 5., 808.075 (4) (a) 11., 809.30 (1) (a), 809.30 (1) (b) 2., 809.30 (2) (a) and 938.345 (1) (e); and
to create 48.14 (13), subchapter XX (title) of chapter 48 [precedes 48.978], 48.9795, 48.981 (7) (a) 11v., 808.075 (4) (a) 9m. and 808.075 (4) (a) 13. of the statutes; relating to: guardianships of children.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
Joint legislative council prefatory note: This bill was prepared for the Joint Legislative Council's Study Committee on Minor Guardianships. Generally, the bill creates a new process and standards for appointment of a guardian of a minor's person. A description of current law and a summary of the bill's key provisions are provided below.
Introduction
Chapter 54, Stats., currently governs guardianships of the person, estate, or both of minors, as well as incompetent or spendthrift adults. Unlike certain, specialized minor guardianships under ch. 48, Stats., minor guardianships under ch. 54, Stats., do not require involvement by the child welfare system and therefore are informally referred to as “private” guardianships.
Under current law, a guardian of a minor's person has the authority to exercise care, custody, and control over the minor. The court may appoint either a temporary guardian, for a duration up to 60 days and one additional 60-day period, or a permanent guardian, with the appointment terminating only upon certain events specified by statute and case law.
Chapter 54, Stats., focuses primarily on incompetent and spendthrift adults, rendering many of the chapter's provisions inapplicable to minors. Current statutory law does not address certain issues relevant to minor guardianships, such as emergency situations and parental visitation.
Jurisdiction