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View Full Version : Guardianship of Minor in WI


JanetE66
04-28-2006, 10:57 PM
This is a complex situation.....I met this young boy when he was 4 yrs old, he was living with his grandmother and father next door to us here in WI and his mother lived in IL.

The mom decided she wanted him back when he was about to start school, so off to mother's house he went as she legally had physical placement. As time went on the boy got into drugs and some legal troubles in IL as he was left unsupervised much of the time.

Last year many things changed in this young man's life....he was just about 16 years old when his mother decided she couldn't deal with him anymore and shipped him back to WI.....only grandma is in a nursing home now and dad was on his way to prison for a drinking & driving accident.

This teenager went to live with some cousins in which his parents signed over guardianship to. I didn't think this was a good choice as this cousin is a pot dealer and when the teen moved in with them they shared many a moments getting high together.

Well, a couple of months ago this teenage boy tried ecstacy (?spelling) and ended up getting committed as he went out of control. The teen is now in AODA, on depression meds, and ADD meds and is staying clean. He seems to be doing well but uncertain of his future.

In mid April he was driving one of his friend's car (with permission) and he had an accident. This infuriated the guardians and they told him that he couldn't live there anymore as he was costing them way too much money. They were going to have him stay at his ex-stepsister's house for a "cooling off" period....a couple months or so.

During Easter Break the teen went to visit his mother and while he was gone the guardians removed all his belongings to the ex-stepsister's house. They never told the teen what was going to happen while he was gone, nor did they say anything on the way home from IL to him. I have since heard that they are keeping some of his things like his TV and such. And today, one of the guardians didn't think they were going to allow him to come back into their home to live.

I have offered to have the teen stay with us, even take over guardianship but they are resistant to that idea. The present guardians seem to want to keep the control but don't want the financial responsibility anymore but the two go hand-in-hand.

In some ways I think the guardians are "neglecting" his needs as he doesn't even have a bed to sleep on in the ex-stepsister's house. We let him take our futon mattress to sleep on (the futon frame is broken and long discarded). The guardian is also forcing the teen to sign an IOU to repay the debt back due to the car accident....which is only the $500 deductible. Isn't this an illegal contract seeing as the teen is only 17 yrs old and the fact that he is being forced to do so?

I have talked to the boy and he would like to live with us. We went over my expectations and rules and he is willing to abide by them. With us he will have his own bedroom and bed.

What steps can or should I take to gain guardianship of this 17 year old teenager? He only has a year left for someone to properly show him a family setting that is stable and secure. I checked into emancipation but WI doesn't honor that option.

Any advice you can throw my way would be greatly appreciated. I would like to be able to do this without hiring an attorney. If I knew the steps and where to find the forms and what grounds to file on I believe I could handle this without the expense of an attorney.

clk4cb
05-15-2006, 04:23 PM
A troubled juvinile in WI should have a social worker. Especially one who is in placement. The 'guardians' are probably a foster family receiving county benefits to care for this minor. Call your county dept of Social Services and ask for the social worker assigned to this boy--or the juvenile intake worker. Describe the situation and get advice from him/her--ASK FOR A CALL BACK and tell them you're willing to take this kid in (brave you--and very admireable!). Unfortunately--if he is about to turn 18 nothing may get done before he is emancipated. It's worth a shot. (I work in a child support office--am NOT an atty). I also do not believe a minor can enter into a legal contract such as you have described. As far as personal effects, are these his personal belongings or do they belong to the 'guardians'? Let social services know of this as well.

JanetE66
06-01-2006, 08:47 AM
This child does not have a social worker. His "guardian" is a cousin (and his wife) of him. Since my original posting.....his Mom in IL says her paperwork only gave them physical placement...they still claim that she gave up her rights and they have guardianship.

Mom in IL is convinced that their "placement" or "guardianship" is voided due to the fact that they kicked this boy out of their house. The boy is living with his ex-stepsister. According to his mother's paperwork the agreement would be void because the boy has not lived with them on a full-time basis for over 10 days. He was kicked out that week following Easter.

I have asked a few questions and found that because I am a non-blood relative I would be able to get help to support him thru the foster parent program. This would supply me with $215 per month to help support him and he would also be eligible for BadgerCare benefits. But then we have social workers wandering around my house and personal life.

The boy has also expressed an interest to spend the summer in Colorado by his ex-stepbrother. This brother was in the past a party animal and drug user but has since cleaned up his act and is "Mr. Responsible" (according to his sister now.)

The boy is currently in AODA classes and I want him to continue with counseling after this is completed as he is on a self-destruct mode. He often makes comments that he doesn't care that he dies.

Any other advice would be greatly appreciated. I want to try to give this kid a fair shake at leading a productive life and want to make sure all the right decisions are made.

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