AB324: Bill Text

LRB-2373/1

GMM:kaf:kat

1997 - 1998 LEGISLATURE

1997 Assembly BILL 324

April 28, 1997 - Introduced by Representatives Porter and F. Lasee. Referred to Committee on Children and Families.

AB324,1,9 An Act to amend 48.14 (2) (b), 48.205 (1) (intro.), 48.205 (1) (a), 48.205 (1) (am), 48.205 (1) (b), 48.305, 48.977 (2) (a), 48.977 (4) (b) 3., 880.01 (7), 880.04 (1), 880.08 (3) (a), 880.26 (1) (a), 880.26 (1) (b), 880.26 (2) (a), 880.34 (1), 880.36 (4) and 880.60 (17); and to create 48.13 (1m), 48.19 (1) (d) 8., 48.205 (1) (d), 880.26 (1) (am) and 880.26 (1) (bm) of the statutes; relating to: permitting a child who is the custodial parent of a nonmarital child and whose parent, guardian or legal custodian is not exercising care, custody and control over him or her to be taken into and held in custody, to be found to be in need of protection or services and to have a guardian appointed for him or her.

Analysis by the Legislative Reference Bureau

Under current law, a child may be taken into custody under circumstances in which a law enforcement officer believes on reasonable grounds that certain conditions exist, including the condition that the child has run away from his or her parents, guardian or legal or physical custodian. Also, under current law, a child who has been taken into custody may be held in custody if the intake worker of the court assigned to exercise jurisdiction under the children's code (juvenile court) determines that there is probable cause to believe that certain conditions exist, including the condition that the parent, guardian or legal custodian of the child or other responsible adult is neglecting, refusing, unable or unavailable to provide adequate supervision and care and that services to ensure the child's safety and well-being are not available or would be inadequate. In addition, under current law, the juvenile court may assert its jurisdiction over a child who is alleged to be in need of protection or services (CHIPS) on certain grounds, including the ground that the child is without a parent or guardian. Finally, under current law, the juvenile court may appoint a guardian of the person of a child, including a child who has been found to be in need of protection or services because the child is without a parent or guardian. Currently, a guardianship of the person of a child terminates when the child attains the age of 18 years or marries, whichever occurs first.

This bill permits a law enforcement officer to take into custody, an intake worker to determine to hold in custody and a juvenile court to assert its CHIPS jurisdiction over and to appoint a guardian of the person of a child who is the custodial parent of a nonmarital child and whose parent, guardian or legal custodian is not exercising care, custody and control over the child. Under the bill, a guardianship of the person of such a child terminates when the child attains the age of 21 years or when the child marries and the child's spouse adopts the nonmarital child or the child marries the other parent of the child, whichever occurs first.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB324, s. 1 Section 1. 48.13 (1m) of the statutes is created to read:

AB324,2,4 48.13 (1m) Who is the custodial parent of a nonmarital child and whose parent, guardian or legal custodian is not exercising care, custody and control over him or her.

AB324, s. 2 Section 2. 48.14 (2) (b) of the statutes is amended to read:

AB324,3,2 48.14 (2) (b) The appointment and removal of a guardian of the person for a child under ss. 48.427, 48.428, 48.43, 48.831, 48.832, 48.839 (4) (a) and 48.977 and ch. 880 and, for a child found to be in need of protection or services under s. 48.13 (1) because the child is without parent or guardian and for a child found to be in need of protection or services under s. 48.13 (1m) because the child is the custodial parent of a nonmarital child and the child's parent, guardian or legal custodian is not exercising care, custody and control over him or her.

AB324, s. 3 Section 3. 48.19 (1) (d) 8. of the statutes is created to read:

AB324,3,6 48.19 (1) (d) 8. The child is the custodial parent of a nonmarital child and the child's parent, guardian or legal custodian is not exercising care, custody and control over him or her.

AB324, s. 4 Section 4. 48.205 (1) (intro.) of the statutes is amended to read:

AB324,3,10 48.205 (1) (intro.) A child may be held under s. 48.207, 48.208 or 48.209 if the intake worker determines that there is probable cause to believe the child is within the jurisdiction of the court and if any of the following conditions apply:

AB324, s. 5 Section 5. 48.205 (1) (a) of the statutes is amended to read:

AB324,3,13 48.205 (1) (a) Probable cause exists to believe that if the child is not held he or she will cause injury to himself or herself or be subject to injury by others;.

AB324, s. 6 Section 6. 48.205 (1) (am) of the statutes is amended to read:

AB324,3,18 48.205 (1) (am) Probable cause exists to believe that if the child is not held he or she will be subject to injury by others, based on a determination under par. (a) or a finding under s. 48.21 (4) that if another child in the home is not held that child will be subject to injury by others;.

AB324, s. 7 Section 7. 48.205 (1) (b) of the statutes is amended to read:

AB324,3,23 48.205 (1) (b) Probable cause exists to believe that the parent, guardian or legal custodian of the child or other responsible adult is neglecting, refusing, unable or unavailable to provide adequate supervision and care and that services to ensure the child's safety and well-being are not available or would be inadequate ; or.

AB324, s. 8 Section 8. 48.205 (1) (d) of the statutes is created to read:

AB324,4,3 48.205 (1) (d) Probable cause exists to believe that the child is the custodial parent of a nonmarital child and that the child's parent, guardian or legal custodian is not exercising care, custody and control over him or her.

AB324, s. 9 Section 9. 48.305 of the statutes is amended to read:

AB324,4,12 48.305 Hearing upon the involuntary removal of a child. Notwithstanding other time periods for hearings under this chapter, if a child is removed from the physical custody of the child's parent or guardian under s. 48.19 (1) (c) or (d) 5. or 8. without the consent of the parent or guardian, the court shall schedule a plea hearing and fact-finding hearing within 30 days of a request from the parent or guardian from whom custody was removed. The plea hearing and fact-finding hearing may be combined. This time period may be extended only with the consent of the requesting parent or guardian.

AB324, s. 10 Section 10. 48.977 (2) (a) of the statutes is amended to read:

AB324,4,19 48.977 (2) (a) That the child has been adjudged to be in need of protection or services under s. 48.13 (1), (1m), (2), (3), (3m), (4), (5), (8), (9), (10), (10m), (11) or (11m) or 938.13 (4) and been placed, or continued in a placement, outside of his or her home pursuant to one or more court orders under s. 48.345, 48.357, 48.363, 48.365, 938.345, 938.357, 938.363 or 938.365 for a cumulative total period of one year or longer.

AB324, s. 11 Section 11. 48.977 (4) (b) 3. of the statutes is amended to read:

AB324,4,25 48.977 (4) (b) 3. The date the child was adjudged in need of protection or services under s. 48.13 (1), (1m), (2), (3), (3m), (4), (5), (8), (9), (10), (10m), (11) or (11m) or 938.13 (4) and the dates that the child has been placed, or continued in a placement, outside of his or her home pursuant to one or more court orders under s. 48.345, 48.357, 48.363, 48.365, 938.345, 938.357, 938.363 or 938.365.

AB324, s. 12 Section 12. 880.01 (7) of the statutes is amended to read:

AB324,5,4 880.01 (7) "Minor" means a person who has not attained the age of 18 years or, if the person is the custodial parent of a nonmarital child, "minor" means a person who has not attained the age of 21 years.

AB324, s. 13 Section 13. 880.04 (1) of the statutes is amended to read:

AB324,5,16 880.04 (1) Emancipation of married minors. Except for minors a minor who is found to be incompetent and a minor who is the custodial parent of a nonmarital child, upon marriage, a minor shall is no longer be a proper subject for guardianship of the person and a guardianship of the person is revoked by the marriage of a minor ward. Upon application, the court may release in whole or in part the estate of a minor ward to the ward upon the ward's marriage. Upon marriage, the guardianship of an incompetent is subject to review under s. 880.34. A minor who is the custodial parent of a nonmarital child is no longer a proper subject for guardianship of the person and a guardianship of the person of such a minor is revoked if the minor marries and the minor's spouse adopts the nonmarital child or if the minor and the other parent of the nonmarital child intermarry under s. 767.60.

AB324, s. 14 Section 14. 880.08 (3) (a) of the statutes is amended to read:

AB324,5,22 880.08 (3) (a) To If The proposed ward is not the custodial parent of a nonmarital child, to the proposed ward's spouse or, if the proposed ward is the custodial parent of a nonmarital child, to any person who has filed a declaration of interest in the nonmarital child under s. 48.025 and to any other person who may be the other parent of the nonmarital child;

AB324, s. 15 Section 15. 880.26 (1) (a) of the statutes is amended to read:

AB324,6,3 880.26 (1) (a) When a minor ward who is not the custodial parent of a nonmarital child attains his or her majority the age of 18 years, unless the minor ward is incompetent.

AB324, s. 16 Section 16. 880.26 (1) (am) of the statutes is created to read:

AB324,6,6 880.26 (1) (am) When a minor ward who is the custodial parent of a nonmarital child attains the age of 21 years, unless the minor ward is incompetent.

AB324, s. 17 Section 17. 880.26 (1) (b) of the statutes is amended to read:

AB324,6,9 880.26 (1) (b) When a minor ward who is not the custodial parent of a nonmarital child lawfully marries.

AB324, s. 18 Section 18. 880.26 (1) (bm) of the statutes is created to read:

AB324,6,13 880.26 (1) (bm) When a minor ward who is the custodial parent of a nonmarital child marries and the minor's spouse adopts the nonmarital child or when such a minor ward and the other parent of the nonmarital child intermarry under s. 767.60.

AB324, s. 19 Section 19. 880.26 (2) (a) of the statutes is amended to read:

AB324,6,15 880.26 (2) (a) When a minor ward attains his or her majority the age of 18 years.