AB324: Bill Text

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.

AB324, s. 20 Section 20. 880.34 (1) of the statutes is amended to read:

AB324,7,2 880.34 (1) Any guardianship of an individual found to be incompetent under this chapter shall continue during the life of the incompetent, or until terminated by the court. Upon reaching the age of majority 18 years, an incompetent subject to guardianship under this chapter who is not the custodial parent of a nonmarital child shall be reviewed by the court for the purpose of determining whether the guardianship should be continued or modified. Upon reaching the age of 21 years, an incompetent subject to guardianship under this chapter who is the custodial parent of a nonmarital child shall be reviewed by the court for the purpose of determining whether the guardianship should be continued or modified. The court shall make a specific finding of any rights under s. 880.33 (3) which the individual is competent to exercise at the time.

AB324, s. 21 Section 21. 880.36 (4) of the statutes is amended to read:

AB324,7,8 880.36 (4) A standby guardianship of a minor who is not the custodial parent of a nonmarital child becomes inoperative at the age of 18, and a standby guardianship of a minor who is the custodial parent of a nonmarital child becomes inoperative at the age of 21, unless there is a further determination of incompetency at that time.

AB324, s. 22 Section 22. 880.60 (17) of the statutes is amended to read:

AB324,7,24 880.60 (17) Discharge of guardian and release of sureties. In addition to any other provisions of law relating to judicial restoration and discharge of guardian, a certificate by the U.S. department of veterans affairs showing that a minor ward who is not the custodial parent of a nonmarital child has attained majority the age of 18 years, or that a minor ward who is the custodial parent of a nonmarital child has attained the age of 21 years, or that an incompetent ward has been rated competent by the U.S. department of veterans affairs upon examination in accordance with law shall be prima facie evidence that the ward has attained majority, or has recovered competency. Upon hearing after notice as provided by this section and the determination by the court that the ward has attained majority or has recovered competency, an order shall be entered to that effect, and the guardian shall file a final account. Upon hearing after notice to the former ward and to the U.S. department of veterans affairs as in case of other accounts, upon approval of the final account, and upon delivery to the ward of the assets due from the guardian, the guardian shall be discharged and the sureties released.

AB324, s. 23 Section 23. Initial applicability.

AB324,8,3 (1) This act first applies to a child who is the custodial parent of a nonmarital child and whose parent, guardian or legal custodian is not exercising care, control and custody over him or her on the effective date of this subsection.

AB324,8,4 (End)