Emergency Guardianship Wisconsin: How to File Form JN-1504

When Emergency Guardianship Applies

Emergency guardianship in Wisconsin exists for one situation: a child needs immediate court-ordered protection and waiting for a regular hearing would put the child at risk. Under Wis. Stat. § 48.9795(6), the court can appoint an emergency guardian for up to 60 days — no extensions.

Typical scenarios that qualify:

• A parent is suddenly arrested or hospitalized and the child has no other authorized caregiver
• A child needs emergency medical treatment and no parent can be located to consent
• A parent has abandoned the child or left the state without making arrangements
• There is an immediate safety threat and the child needs to be placed with a known relative

The standard is immediate welfare — not long-term unfitness. You are not proving that the parent is a bad parent. You are showing the court that right now, this child needs someone with legal authority to act.

How the Emergency Filing Works

Emergency guardianship uses a different form and a faster process than regular guardianship.

File Form JN-1504 (Petition for Appointment of Emergency Guardian) with the circuit court in the county where the child resides or is physically present, or, if the child is a nonresident, in the county where you propose the child reside. If a related CHIPS, JIPS, or delinquency matter is pending, the petition must be heard by the court handling that matter. You also file Form GF-150 (UCCJEA Declaration) alongside it.

Ex parte hearing. Unlike a regular guardianship petition, an emergency petition can be heard without the parents present. The judge reviews your petition, assesses the emergency, and may issue a temporary order (Form JN-1520) and emergency letters of guardianship (Form JN-1521) the same day.

The court must hold the petition hearing as soon as possible after filing and serve notice as soon as possible by the most practical means. For good cause, it may issue a temporary order without a hearing until the petition hearing.

This does not mean parents are ignored. Any person entitled to notice may petition for reconsideration or modification, and the court must hold a rehearing within 30 calendar days after the petition is filed.

The 60-Day Clock

Once the court grants emergency guardianship, the clock starts. You have exactly 60 days of authority — this period cannot be extended under any circumstances.

If the emergency resolves within 60 days (the parent is released, recovers, or returns), the order simply expires. If the emergency continues and you need authority after the order expires, file a separate petition for full, limited, or temporary guardianship under the standard process (Form JN-1501) before the 60 days run out. There is no automatic conversion — the emergency order expires whether or not you have filed a new petition.

Plan ahead. File your follow-up petition early in the 60-day window so the court has time to schedule a hearing before your emergency authority lapses.

What Emergency Guardianship Gives You

The emergency order may authorize specific acts reasonably related to the reasons stated in the petition; only the acts listed in the order are authorized. Depending on the order, these can include:

• Consent to medical treatment
• Enroll the child in school or maintain current enrollment
• Apply for benefits on the child's behalf
• Make day-to-day care decisions

The emergency letters of guardianship (Form JN-1521) serve as your proof of authority. Schools, hospitals, and government offices accept certified copies of this order.

Filing Fees and Fee Waivers

There is no fee to file a minor guardianship petition. Electronically filed cases have a $35 fee per party. If you are on a limited income, file Form CV-410A (Petition for Waiver of Fees and Costs) at the same time. The fee waiver covers court filing fees and sheriff service costs, though it generally does not cover guardian ad litem deposits.

The court must appoint a guardian ad litem (GAL) as soon as possible after filing and attempt to do so before the hearing. It may appoint the GAL after the hearing if exigent circumstances require immediate appointment; the GAL must conduct a diligent investigation sufficient to represent the child's best interests.

Emergency Guardianship vs. Calling CPS

Grandparents and relatives sometimes wonder whether to file for emergency guardianship or call Child Protective Services. These are different tracks:

CPS/DCF involvement is appropriate when a child is being abused or neglected and needs government intervention. CPS investigates, may remove the child, and the county handles placement through the child welfare system under Chapter 48.

Emergency guardianship is the private, family-driven path. You are asking the court to recognize you as the child's guardian without government agency involvement. This is the right option when you already have the child, there is no active abuse investigation, and you simply need legal authority fast.

If the child is the subject of a pending CHIPS, JIPS, or delinquency matter, a § 48.9795 petition must be heard by the court handling that matter. The court must stay a full, limited, or temporary guardianship petition until the pending matter is resolved, but may appoint an emergency guardian if the child's best interests require immediate appointment. An emergency order cannot change a placement under court supervision.

Our Wisconsin Guardianship and Custody Court Process Guide includes a 96-hour calculator and hearing preparation checklist to help you manage every deadline in the guardianship process.

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