Glossary

Guardianship: Guardianship is a legal relationship between an adult and the child in their care. A guardian is given the legal authority to make important decisions about the child’s future. This may include decisions about their education, medical needs, shelter and more.

Power of Attorney (POA): A Power of Attorney (POA) agreement is a document that allows a parent to appoint another adult individual to make medical, educational, and financial decisions for a minor child. This document does not transfer guardianship to the individual. A parent can cancel this at any time. It is valid for 1 year and must be renewed annually. This will not be sufficient for certain types of medical care, such as counseling or surgery.

Adoption: A legal process that transfers all parental rights and responsibilities for a child to the adoptive parent(s) and terminates the rights of the child’s biological parents.

For more information about adoption in Wisconsin, please see the resources below:

 

Child Protective Services (CPS): County-run services for families designed to control for the safety of children who have been abused or are at risk of maltreatment. Their goal is to alter the conditions that create risk for child maltreatment and step in as needed to keep the child safe.

There are several stages to CPS involvement. To learn more about each stage, click here https://dcf.wisconsin.gov/cps/overview

  • The Access stage is where local and tribal child welfare agencies receive information about suspected child maltreatment from community members and mandated reporters. Using this information, they determine whether a report should move to the next stage – initial assessment.
  • Initial Assessment is the stage of the process where local and tribal child welfare agencies perform interviews with the child(ren), parent(s), Indian custodian(s), and other adults who are in contact with the child, such as doctors and educators, and visit the home. Using this information, they determine child safety, whether additional services may be needed, and if maltreatment occurred.
  • The Ongoing stage is where services are provided based on the initial assessment and conversations with the family. Services may vary based on the needs, strengths and goals of the family. Child welfare professionals will work with the family to establish goals that achieve measurable outcomes and build a safe, stable home for children.

 

Guardian ad Litem (GAL): A Guardian Ad Litem is an attorney who represents the best interest of the child during court proceedings for children 12 years old and younger in CHIPS proceedings and all children in TPR and guardianship proceedings.

Kinship Care: Kinship Care is a program where families who care for the children of relatives or like-kin are eligible for financial assistance. It is required that …

  1. the basic needs of the child can be better met with the relative/like-kin than with the parents;
  2. the placement is in the best interest of the child;
  3. the child currently or would potentially meet the requirements for court jurisdiction as being in need of protection/services if the child were to remain in the care of their parents.

 

Custody: The legal right to make decisions for and take care of a child. This process primarily applies to biological parents/spouses of parents. This term is primarily used in family law and relates to situations where the custody of a child is sought between parents because of a divorce or separation. This term does not apply to guardians/caregivers

Kids Matter Inc. is not able to assist parents who are looking for assistance with custody. If you are looking for assistance with a custody/family law situation, please see the referrals below:

  • Statewide Resources

 

Termination of Parental Rights (TPR): A court order that permanently ends all legal rights, powers, privileges, duties, and obligations between a parent and their child. Parents can willingly terminate their rights (voluntary TPR) or the court may do it without the parents’ consent (involuntary TPR). Both types require court involvement for rights to be terminated.

Child in Need of Protection (CHIPS) Order: A ‘Child In need of Protection or Services’ order is when the court needs to step in. This happens when parents cannot or will not take care of their child properly, or if the child is in danger in their home. This is a civil, not criminal, proceeding initiated by CPS.

Case Worker: An individual assigned by Child Protective Services to assist and manage your case. The case worker should be contacted for questions about the case and placement of the child.

Adult Guardianship: Guardianship of an adult who is unable to make decisions for themselves due to some sort of incapacity (disability, illness, etc.). If a child who is 17.5 years will need a guardian as an adult, it is recommended to start the adult guardianship process when the child is still 17.5 so the guardianship can be in place when the child turns 18.

  • We do not assist with this process because it is primarily for adults who need assistance and does not apply to children. Below are referrals for assistance with Adult Guardianship
  • Milwaukee Justice Center Adult Guardianship Forms Clinic https://www.milwaukeejusticecenter.org/guardianship-18-and-older.html
  • Free assistance with uncontested adult guardianship cases. To request an appointment, email [email protected] ahead of time and it is recommended to have completed the Physician’s report (wicourts form GN-3130)
  • For additional questions about this clinic, you can call 414-278-3965
  • Children’s Hospital of Wisconsin Guardianship Clinic https://edge.sitecorecloud.io/childrensho3e59-cw60b4-prod2126-77fc/media/CHWLIBRARY/Files/Medical-care/Transition-to-adult-care/GuardianshipBrochure2019.pdf
  • If you need legal advice about Adult Guardianship, you can contact the Marquette Volunteer Legal Clinic at 414-288-6912
  • For additional information and assistance, please see the Wisconsin Guardianship Support Center https://gwaar.org/guardianship-resources or call them at (855) 409-9410

 

Minor Guardianship of the Estate: This is an individual appointed by the court to manage the money, property, and other assets of a child. There are specific rules and processes required by law to become the guardian of a child’s estate.

A parent is the natural guardian of the person for their child, but if the minor child receives assets, for example through an inheritance, the parent does not have the legal authority to manage these funds. In these situations the minor will need to have a person appointed as a guardian of the estate for them to manage and invest these funds until they reach the age of 18.

https://docs.legis.wisconsin.gov/statutes/statutes/54

Placement: The place the child lives/resides with a parent or caregiver. Placement is a term often used in custody agreements. Placement is also a term used by Child Protective Services to describe the location of a child on a CHIPS order (see above).

Subsidized Guardianship: Guardianship is a process in which a caregiver is given the legal duty and authority to make financial, educational, and/or medical decisions for a child instead of a parent. The parent’s rights are not terminated and remain intact during guardianship. Subsidized guardianship is a program that allows guardians to receive payments to assist in the care of the child. The caregiver must become licensed as a foster parent in order to be eligible for subsidized guardianship, and receives monthly financial support. This financial support provided is the same as the Foster Care rate, which can be increased for children with higher behavioral and mental health needs. The amount of the monthly payment is based on the Child and Adolescent Needs and Strengths (CANS) assessment, which is completed by the CPS case worker. For more information about subsidized guardianship, please talk to your case worker or visit this page: https://dcf.wisconsin.gov/guardian/subsidized

Successor Guardian Successor guardians are appointed by the current guardian as someone who would be the best choice to assume the legal duty and authority of guardian to the child in the event of the current guardian’s death or incapacitation. You can nominate someone as a successor guardian when petitioning to become a child’s guardian, or nominate someone once you are already the guardian. No matter when you do it, a judge needs to approve the individual as a successor guardian. Once appointed as a successor guardian, this individual can easily take over as guardian once notifying the court of changes to the existing guardianship. Appointing a successor guardian is important if there would be concerns for the child’s safety if they were to return to either parent.