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.... Emergency blood transfusion
.... Dental care
.... Disclosure of health information about the child(ren)
.... The power to consent to educational and vocational services
.... The power to consent to the employment of the child(ren)
.... The power to consent to the disclosure of confidential information, other than health information, about the child(ren)
.... The power to provide for the care and custody of the child(ren)
.... The power to consent to the child(ren) obtaining a motor vehicle operator's license
.... The power to travel with the child(ren) outside the state of Wisconsin
.... The power to obtain substitute care, such as child care, for the child(ren)
.... Other specifically delegated powers or limits on delegated powers (Fill in the following space or attach a separate sheet describing any other specific powers that you wish to delegate or any limits that you wish to place on the powers you are delegating.) ....
This delegation of parental powers does not deprive a custodial or noncustodial parent of any of his or her powers regarding the care and custody of the child, whether granted by court order or force of law.
THIS DOCUMENT MAY NOT BE USED TO DELEGATE THE POWER TO CONSENT TO THE MARRIAGE OR ADOPTION OF THE CHILD(REN), THE PERFORMANCE OR INDUCEMENT OF AN ABORTION ON OR FOR THE CHILD(REN), THE TERMINATION OF PARENTAL RIGHTS TO THE CHILD(REN), THE ENLISTMENT OF THE CHILD(REN) IN THE U.S. ARMED FORCES OR TO PLACE THE CHILD(REN) IN A FOSTER HOME, GROUP HOME, SHELTER CARE FACILITY, OR INPATIENT TREATMENT FACILITY.
EFFECTIVE DATE AND TERM
OF THIS DELEGATION
This Power of Attorney takes effect on .... and will remain in effect until .... If no termination date is given, this Power of Attorney will remain in effect for a period of one year after the effective date, but no longer. If the termination date given is more than one year after the effective date of this Power of Attorney, this Power of Attorney must be approved by the juvenile court. This Power of Attorney may be revoked in writing at any time by a parent who has legal custody of the child(ren) and such a revocation invalidates the delegation of parental powers made by this Power of Attorney, except with respect to acts already taken in reliance on this Power of Attorney.
SIGNATURE(S) OF PARENT(S)
Signature of parent ....   Date ....
Parent's name printed ....
Parent's address ....
Parent's telephone number ....
Parent's e-mail address ....
Signature of parent ....   Date ....
Parent's name printed ....
Parent's address ....
Parent's telephone number ....
Parent's e-mail address ....
WITNESSING OF SIGNATURE(S) (OPTIONAL)
State of ....
County of ....
This document was signed before me on .... (date) by .... (name(s) of parent(s)).
Signature of notary ....
My commission expires: ....
STATEMENT OF AGENT
I, .... (name and address of agent), understand that .... (name(s) of parent(s)) has (have) delegated to me the powers specified in this Power of Attorney regarding the care and custody of .... (name(s) of child(ren)). I further understand that this Power of Attorney may be revoked in writing at any time by a parent who has legal custody of .... (name(s) of child(ren)). I hereby declare that I have read this Power of Attorney, understand the powers delegated to me by this Power of Attorney, am fit, willing, and able to undertake those powers, and accept those powers.
Agent's signature ....   Date ....
APPENDIX
(Here the parent(s) may indicate where they may be located during the term of the Power of Attorney if different from the address(es) set forth above.)
.... I can be located at:
Address(es) ....
Telephone number(s) ....
E-mail address(es) ....
.... Or, by contacting:
Name ....
Address ....
Telephone number ....
E-mail address ....
.... Or, I cannot be located
48.979(3) (3)
48.979(3)(a)(a) In this subsection:
48.979(3)(a)1. 1. “Agent" means a person to whom delegation of the care and custody of a child under this section is facilitated by an organization.
48.979(3)(a)2. 2. “Organization" means an organization that facilitates delegations of the care and custody of children under this section.
48.979(3)(b) (b) The department may promulgate rules to implement this section. If the department promulgates those rules, those rules shall include rules establishing all of the following:
48.979(3)(b)1. 1. Training requirements for the staff of an organization, including training in identifying children who have been abused or neglected and the laws and procedures under s. 48.981 governing the reporting of suspected or threatened child abuse or neglect.
48.979(3)(b)2. 2. Screening and assessment requirements for a proposed agent, including a screening of the personal characteristics, health, and finances of the proposed agent and of the physical environment and safety of the proposed agent's home and, based on that screening, an assessment of the proposed agent's fitness to provide for the care and custody of the child and ability to meet the child's needs. The rules promulgated under this subdivision shall prohibit an organization from facilitating a delegation of the care and custody of a child to a proposed agent unless the proposed agent is fit to provide for the care and custody of the child and able to meet the child's needs.
48.979(3)(b)3. 3. Training requirements for an agent, including the training described in subd. 1. and training in the expectations of an agent specified in subd. 4.
48.979(3)(b)4. 4. The expectations of an agent with respect to the care and custody of the child, including expectations relating to the care, nurturing, protection, training, guidance, and discipline of the child; the provision of food, shelter, education, and health care for the child; cooperation with the child's parents in coparenting the child; and cooperation with the organization in facilitating visitation and other communications with the child's parents and in otherwise complying with the expectations of the organization.
48.979(3)(b)5. 5. A requirement that an organization regularly monitor an agent and the child whose care and custody is delegated to the agent and maintain communications with the child's parents.
48.979 History History: 2011 a. 87; 2013 a. 165 s. 115; 2013 a. 314, 335; 2015 a. 195, 381; 2017 a. 364 s. 49.
48.9795 48.9795 Appointment of guardian of the person for a child.
48.9795(1)(1)Definitions. In this section:
48.9795(1)(a) (a) “Interested person" means any of the following:
48.9795(1)(a)1. 1. For purposes of a petition for guardianship of a child, any of the following:
48.9795(1)(a)1.a. a. The child, if he or she has attained 12 years of age, and the child's guardian ad litem and counsel, if any.
48.9795(1)(a)1.b. b. The child's parent, guardian, legal custodian, and physical custodian.
48.9795(1)(a)1.c. c. Any person who has filed a declaration of paternal interest under s. 48.025, who is alleged to the court to be the father of the child, or who may, based on the statements of the mother or other information presented to the court, be the father of the child.
48.9795(1)(a)1.d. d. Any individual who is nominated as guardian or as a successor guardian.
48.9795(1)(a)1.e. e. If the child has no living parent, any individual nominated to act as fiduciary for the child in a will or other written instrument that was executed by a parent of the child.
48.9795(1)(a)1.f. f. If the child is receiving or in need of any public services or benefits, the county department or, in a county having a population of 750,000 or more, the department that is providing the services or benefits, through the district attorney, corporation counsel, or other officials designated under s. 48.09.
48.9795(1)(a)1.g. g. If the child is an Indian child, the Indian child's Indian custodian and Indian tribe.
48.9795(1)(a)1.h. h. Any other person that the court may require.
48.9795(1)(a)2. 2. For purposes of proceedings subsequent to an order for guardianship of a child, any of the following:
48.9795(1)(a)2.a. a. The child, if the child has attained 12 years of age, the child's guardian ad litem, and the child's counsel.
48.9795(1)(a)2.b. b. The child's parent and guardian.
48.9795(1)(a)2.c. c. The county of venue, through the district attorney, corporation counsel, or other official designated under s. 48.09, if the county has an interest in the guardianship.
48.9795(1)(a)2.d. d. If the child is an Indian child, the Indian child's tribe.
48.9795(1)(a)2.e. e. Any other person that the court may require.
48.9795(1)(b) (b) “Party" means the person petitioning for the appointment of a guardian for a child or any interested person other than a person who is alleged to the court to be the father of the child or who may, based on the statements of the mother or other information presented to the court, be the father of the child.
48.9795(2) (2)Appointment; venue; nomination; duty and authority.
48.9795(2)(a)(a) Venue. Except as provided under par. (b) 2., venue for guardianship under this section shall be in the child's county of residence, the county in which the child is physically present, or, if the child is a nonresident, the county in which the petitioner proposes that the child reside. The court may, upon a motion and for good cause shown, transfer the case, along with all appropriate records, to the county in which a dispositional order has been issued under this chapter.
48.9795(2)(b) (b) Appointment.
48.9795(2)(b)1.1. This section may be used for the appointment of a guardian of the person for a child. An appointment of a guardian of the estate of a child shall be conducted under the procedures specified in ch. 54. If the court assigned to exercise jurisdiction under this chapter has jurisdiction over a proceeding for the appointment of a guardian of the person for a child or continuing jurisdiction over such a guardianship and the court assigned to exercise probate jurisdiction has jurisdiction over a proceeding for the appointment of a guardian of the estate of the child or continuing jurisdiction over such a guardianship, the court assigned to exercise jurisdiction under this chapter may order those proceedings or guardianships to be consolidated under the jurisdiction of the court assigned to exercise jurisdiction under this chapter. Upon such consolidation, the court assigned to exercise jurisdiction under this chapter shall order all records relating to the guardianship of the estate of the child to be transferred to the court assigned to exercise jurisdiction under this chapter and that court shall retain those records as required under SCR chapter 72. This section does not prohibit a person from petitioning a court under s. 48.831, 48.977, or 48.978 for the appointment of a guardian of the person for a child.
48.9795(2)(b)2. 2. If the child is the subject of any matter pending under s. 48.13, 48.133, or 48.14 (1) to (10) or (12) or ch. 938, any subsequent petition filed under this section shall be heard by the court authorized to exercise jurisdiction over the pending matter. The court shall stay a guardianship proceeding for the appointment of a full, limited, or temporary guardian of the person for a child under par. (d) 1., 2., or 3. until the matter pending under s. 48.13, 48.133, or 48.14 (1) to (10) or (12) or ch. 938 is resolved. The court may appoint an emergency guardian under sub. (6) while any matter is pending under s. 48.13, 48.133, or 48.14 (1) to (10) or (12) or ch. 938 if the court finds that the best interests of the child require the immediate appointment of a guardian.
48.9795(2)(b)3. 3. A petition filed under this section may not seek to change an order under s. 48.13, 48.133, or 48.14 (1) to (10) or (12) or ch. 938.
48.9795(2)(b)4. 4. The court may appoint coguardians of the person for a child under this section, subject to any conditions that the court imposes. Unless the court orders otherwise, any decision concerning the child must be concurred in by all coguardians or is void.
48.9795(2)(c) (c) Nomination by parent or child.
48.9795(2)(c)1.1. A parent may nominate a guardian and successor guardian for any of his or her children who is in need of guardianship, including a nomination by will. Subject to the rights of a surviving parent, the court shall appoint the person nominated as guardian or successor guardian, unless the court finds that appointment of the person nominated is not in the child's best interests.
48.9795(2)(c)2. 2. A child who has attained 12 years of age may nominate his or her own guardian, but if the child is outside of the state or if other good reason exists, the court may dispense with the child's right of nomination. If neither parent of a child who has attained 12 years of age is fit, willing, and able to carry out the duties of a guardian, the court may appoint the nominee of the child.
48.9795(2)(c)3. 3. In determining who is appointed as guardian, the court shall consider the nominations of the parents and child and the opinions of the parents and child as to what is in the best interests of the child, but the best interests of the child as determined by the court shall control in making the determination when those nominations and opinions are in conflict with those best interests.
48.9795(2)(d) (d) Duties and authority of guardian.
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2017-18 Wisconsin Statutes updated through 2019 Wis. Act 186 and through all Supreme Court and Controlled Substances Board Orders filed before and in effect on August 1, 2020. Published and certified under s. 35.18. Changes effective after August 1, 2020, are designated by NOTES. (Published 8-1-20)