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LRB-1932/1
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2011 - 2012 LEGISLATURE
April 28, 2011 - Introduced by Senators Moulton, Grothman and Galloway,
cosponsored by Representatives Kooyenga, Pridemore, Bernier, Farrow,
Fields, Jorgensen, Kapenga, Kleefisch, Knodl, Kuglitsch, LeMahieu,
Mursau, A. Ott, Petrowski, Ripp, Rivard, Spanbauer, Staskunas, Turner,
Wynn
and Ziegelbauer. Referred to Committee on Public Health, Human
Services, and Revenue.
SB82,1,4 1An Act to amend 48.60 (2) (a), 48.62 (2), 48.625 (3) and 48.63 (2); and to create
248.979 of the statutes; relating to: delegation by a parent, guardian, or legal
3custodian of a child of powers regarding the care and custody of the child by a
4power of attorney.
Analysis by the Legislative Reference Bureau
Under current law, the court assigned to exercise jurisdiction under the
Children's Code (juvenile court) may, under certain circumstances appoint a legal
custodian for a child, which confers on the legal custodian the right and duty to
protect, train, and discipline the child and to provide food, shelter, legal services,
education, and ordinary medical and dental care for the child. The juvenile court
may also, under certain circumstances, appoint a guardian for a child, which confers
on the guardian the rights and duties of a legal custodian, plus the duty and
authority to make important decisions in matters having a permanent effect on the
life and development of the child, including the authority to consent to marriage,
enlistment in the U.S. armed forces, major medical, psychiatric, and surgical
treatment, and obtaining a motor vehicle operator's license.
This bill permits a parent, guardian, or legal custodian of a child, by a properly
executed power of attorney, to delegate to another person, for a period not to exceed
one year, any of his or her powers regarding the care and custody of the child, except
the power to consent to the marriage or adoption of the child, the performance or
inducement of an abortion on or for the child, or the termination of parental rights
to the child. The bill provides that such a delegation of powers does not deprive the

parent, guardian, or legal custodian of any of his or her powers regarding the care
and custody of the child.
Under current law, a person who provides care and maintenance for four or
fewer children must obtain a license to operate a foster home. Current law, however,
permits a relative or guardian of a child to provide care and maintenance for a child
without obtaining a license to operate a foster home. This bill exempts a person who
is delegated care and custody of a child as provided in the bill from the requirement
that the person obtain a license to operate a foster home in order to provide care and
maintenance for the child.
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:
SB82, s. 1 1Section 1. 48.60 (2) (a) of the statutes is amended to read:
SB82,2,32 48.60 (2) (a) A relative or, guardian, or person delegated care and custody of
3a child under s. 48.979
who provides care and maintenance for such children.
SB82, s. 2 4Section 2. 48.62 (2) of the statutes is amended to read:
SB82,3,25 48.62 (2) A relative or, a guardian of a child, or a person delegated care and
6custody of a child under s. 48.979
who provides care and maintenance for the child
7is not required to obtain the license specified in this section. The department, county
8department, or licensed child welfare agency as provided in s. 48.75 may issue a
9license to operate a foster home to a relative who has no duty of support under s. 49.90
10(1) (a) and who requests a license to operate a foster home for a specific child who is
11either placed by court order or who is the subject of a voluntary placement agreement
12under s. 48.63. The department, a county department, or a licensed child welfare
13agency may, at the request of a guardian appointed under s. 48.977 or 48.978, ch. 54,
14or ch. 880, 2003 stats., license the guardian's home as a foster home for the guardian's
15minor ward who is living in the home and who is placed in the home by court order.
16Relatives with no duty of support and guardians appointed under s. 48.977 or 48.978,

1ch. 54, or ch. 880, 2003 stats., who are licensed to operate foster homes are subject
2to the department's licensing rules.
SB82, s. 3 3Section 3. 48.625 (3) of the statutes is amended to read:
SB82,3,64 48.625 (3) This section does not apply to a foster home licensed under s. 48.62
5(1) or to a relative or guardian of a child or a person delegated care and custody of
6a child under s. 48.979 who provides care and maintenance for the child
.
SB82, s. 4 7Section 4. 48.63 (2) of the statutes is amended to read:
SB82,3,128 48.63 (2) No person may place a child or offer or hold himself or herself out as
9able to place a child, except as provided in this section. Enrollment of a child by a
10parent or guardian in an educational institution shall and delegation of care and
11custody of a child to an agent under s. 48.979 do
not constitute a placement for the
12purposes of this section.
SB82, s. 5 13Section 5. 48.979 of the statutes is created to read:
SB82,3,21 1448.979 Delegation of power by parent, guardian, or legal custodian. A
15parent, guardian, or legal custodian of a child, by a properly executed power of
16attorney, may delegate to another person, for a period not to exceed one year, any of
17his or her powers regarding the care and custody of the child, except the power to
18consent to the marriage or adoption of the child, the performance or inducement of
19an abortion on or for the child, or the termination of parental rights to the child. A
20delegation of powers under this section does not deprive the parent, guardian, or
21legal custodian of any of his or her powers regarding the care and custody of the child.
SB82,3,2222 (End)
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