48.20(7)(a)(a) When a child is interviewed by an intake worker, the intake worker shall inform any child who is alleged to be in need of protection or services and who is 12 years of age or older of his or her right to counsel.
48.20(7)(b)
(b) The intake worker shall review the need to hold the child in custody and shall make every effort to release the child from custody as provided in
par. (c). The intake worker shall base his or her decision as to whether to release the child or to continue to hold the child in custody on the criteria specified in
s. 48.205 (1) and criteria established under
s. 48.06 (1) or
(2).
48.20(7)(c)
(c) The intake worker may release the child:
48.20(7)(c)1.
1. To a parent, guardian or legal custodian, or, if the parent, guardian or legal custodian is unavailable, unwilling or unable to provide supervision for the child, release the child to a responsible adult, counseling or warning the child as may be appropriate, or, if a child is 15 years of age or older, release the child without immediate adult supervision, counseling or warning the child as may be appropriate; or
48.20(7)(d)
(d) If the child is released from custody, the intake worker shall immediately notify the child's parent, guardian and legal custodian of the time and circumstances of the release and the person, if any, to whom the child was released.
48.20(8)
(8) If a child is held in custody, the intake worker shall notify the child's parent, guardian and legal custodian of the reasons for holding the child in custody and of the child's whereabouts unless there is reason to believe that notice would present imminent danger to the child. The parent, guardian and legal custodian shall also be notified of the time and place of the detention hearing required under
s. 48.21, the nature and possible consequences of that hearing, and the right to present and cross-examine witnesses at the hearing. If the parent, guardian or legal custodian is not immediately available, the intake worker or another person designated by the court shall provide notice as soon as possible. When the child is 12 years of age or older, the child shall receive the same notice about the detention hearing as the parent, guardian or legal custodian. The intake worker shall notify both the child and the child's parent, guardian or legal custodian. When the child is an expectant mother who has been taken into custody under
s. 48.19 (1) (cm) or
(d) 8., the unborn child, through the unborn child's guardian ad litem, shall receive the same notice about the whereabouts of the child expectant mother, about the reasons for holding the child expectant mother in custody and about the detention hearing as the child expectant mother and her parent, guardian or legal custodian. The intake worker shall notify the child expectant mother, her parent, guardian or legal custodian and the unborn child, by the unborn child's guardian ad litem.
48.203
48.203
Release or delivery of adult expectant mother from custody. 48.203(1)(1) A person taking an adult expectant mother of an unborn child into custody shall make every effort to release the adult expectant mother to an adult relative or friend of the adult expectant mother after counseling or warning the adult expectant mother as may be appropriate or, if an adult relative or friend is unavailable, unwilling or unable to accept the release of the adult expectant mother, the person taking the adult expectant mother into custody may release the adult expectant mother under the adult expectant mother's own supervision after counseling or warning the adult expectant mother as may be appropriate.
48.203(2)
(2) If the adult expectant mother is not released under
sub. (1), the person who took the adult expectant mother into custody shall arrange in a manner determined by the court and law enforcement agencies for the adult expectant mother to be interviewed by the intake worker under
s. 48.067 (2), and shall make a statement in writing with supporting facts of the reasons why the adult expectant mother was taken into physical custody and shall give the adult expectant mother a copy of the statement in addition to giving a copy to the intake worker. When the intake interview is not done in person, the report may be read to the intake worker.
48.203(3)
(3) If the unborn child or adult expectant mother is believed to be suffering from a serious physical condition which requires either prompt diagnosis or prompt treatment, the person taking the adult expectant mother into physical custody, the intake worker or other appropriate person shall deliver the adult expectant mother to a hospital, as defined in
s. 50.33 (2) (a) and
(c), or physician's office.
48.203(4)
(4) If the adult expectant mother is believed to be mentally ill, drug dependent or developmentally disabled, and exhibits conduct which constitutes a substantial probability of physical harm to herself or others, or a substantial probability of physical impairment or injury to the adult expectant mother exists due to the impaired judgment of the adult expectant mother, and the standards of
s. 51.15 are met, the person taking the adult expectant mother into physical custody, the intake worker or other appropriate person shall proceed under
s. 51.15.
48.203(5)
(5) If the adult expectant mother is believed to be an intoxicated person who has threatened, attempted or inflicted physical harm on herself or on another and is likely to inflict such physical harm unless committed, or is incapacitated by alcohol, the person taking the adult expectant mother into physical custody, the intake worker or other appropriate person shall proceed under
s. 51.45 (11).
48.203(6)(a)(a) When an adult expectant mother is interviewed by an intake worker, the intake worker shall inform the adult expectant mother of her right to counsel.
48.203(6)(b)
(b) The intake worker shall review the need to hold the adult expectant mother in custody and shall make every effort to release the adult expectant mother from custody as provided in
par. (c). The intake worker shall base his or her decision as to whether to release the adult expectant mother or to continue to hold the adult expectant mother in custody on the criteria specified in
s. 48.205 (1m) and criteria established under
s. 48.06 (1) or
(2).
48.203(6)(c)
(c) The intake worker may release the adult expectant mother to an adult relative or friend of the adult expectant mother after counseling or warning the adult expectant mother as may be appropriate or, if an adult relative or friend is unavailable, unwilling or unable to accept the release of the adult expectant mother, the intake worker may release the adult expectant mother under the adult expectant mother's own supervision after counseling or warning the adult expectant mother as may be appropriate.
48.203(7)
(7) If an adult expectant mother is held in custody, the intake worker shall notify the adult expectant mother and the unborn child, through the unborn child's guardian ad litem, of the reasons for holding the adult expectant mother in custody, the time and place of the detention hearing required under
s. 48.213, the nature and possible consequences of that hearing, and the right to present and cross-examine witnesses at the hearing.
48.203 History
History: 1997 a. 292.
48.205
48.205
Criteria for holding a child or expectant mother in physical custody. 48.205(1)
(1) A child may be held under
s. 48.207 (1),
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:
48.205(1)(a)
(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.
48.205(1)(am)
(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.
48.205(1)(b)
(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.
48.205(1)(bm)
(bm) Probable cause exists to believe that the child meets the criteria specified in
par. (b), based on a determination under
par. (b) or a finding under
s. 48.21 (4) that another child in the home meets those criteria.
48.205(1)(c)
(c) Probable cause exists to believe that the child will run away or be taken away so as to be unavailable for proceedings of the court or its officers.
48.205(1)(d)
(d) Probable cause exists to believe that the child is an expectant mother, that if the child expectant mother is not held, there is a substantial risk that the physical health of the unborn child, and of the child when born, will be seriously affected or endangered by the child expectant mother's habitual lack of self-control in the use of alcohol beverages, controlled substances or controlled substance analogs, exhibited to a severe degree, and that the child expectant mother is refusing or has refused to accept any alcohol or other drug abuse services offered to her or is not making or has not made a good faith effort to participate in any alcohol or other drug abuse services offered to her.
48.205(1m)
(1m) An adult expectant mother of an unborn child may be held under
s. 48.207 (1m) if the intake worker determines that there is probable cause to believe that the adult expectant mother is within the jurisdiction of the court, to believe that if the adult expectant mother is not held, there is a substantial risk that the physical health of the unborn child, and of the child when born, will be seriously affected or endangered by the adult expectant mother's habitual lack of self-control in the use of alcohol beverages, controlled substances or controlled substance analogs, exhibited to a severe degree, and to believe that the adult expectant mother is refusing or has refused to accept any alcohol or other drug abuse services offered to her or is not making or has not made a good faith effort to participate in any alcohol or other drug abuse services offered to her.
48.205(2)
(2) The criteria for holding a child or the expectant mother of an unborn child in custody specified in this section shall govern the decision of all persons responsible for determining whether the action is appropriate.
48.205 Note
NOTE: 1993 Wis. Act 395, which creates subs. (1) (am) and (bm), contains extensive explanatory notes.
48.205 Annotation
Courts may hold juveniles in contempt of court, but only under the criteria under this section and s. 48.208. 70 Atty. Gen. 98.
48.207
48.207
Places where a child or expectant mother may be held in nonsecure custody. 48.207(1)
(1) A child held in physical custody under
s. 48.205 (1) may be held in any of the following places:
48.207(1)(a)
(a) The home of a parent or guardian, except that a child may not be held in the home of a parent or guardian if the parent or guardian has been convicted under
s. 940.01 of the first-degree intentional homicide, or under
s. 940.05 of the 2nd-degree intentional homicide, of a parent of the child, and the conviction has not been reversed, set aside or vacated, unless the person making the custody decision determines by clear and convincing evidence that the placement would be in the best interests of the child. The person making the custody decision shall consider the wishes of the child in making that determination.
48.207(1)(b)
(b) The home of a relative, except that a child may not be held in the home of a relative if the relative has been convicted under
s. 940.01 of the first-degree intentional homicide, or under
s. 940.05 of the 2nd-degree intentional homicide, of a parent of the child, and the conviction has not been reversed, set aside or vacated, unless the person making the custody decision determines by clear and convincing evidence that the placement would be in the best interests of the child. The person making the custody decision shall consider the wishes of the child in making that determination.
48.207(1)(c)
(c) A licensed foster home or a licensed treatment foster home provided the placement does not violate the conditions of the license.
48.207(1)(cm)
(cm) A licensed group home provided that the placement does not violate the conditions of the license.
48.207(1)(d)
(d) A nonsecure facility operated by a licensed child welfare agency.
48.207(1)(e)
(e) A licensed private or public shelter care facility.
48.207(1)(f)
(f) The home of a person not a relative, if the placement does not exceed 30 days, though the placement may be extended for an additional 30 days for cause by the court, and if the person has not had a foster home or treatment foster home license refused, revoked or suspended within the last 2 years.
48.207(1)(i)
(i) An approved public treatment facility for emergency treatment if the child is held under
s. 48.20 (6).
48.207(1m)
(1m) An adult expectant mother of an unborn child held in physical custody under
s. 48.205 (1m) may be held in any of the following places:
48.207(1m)(a)
(a) The home of an adult relative or friend of the adult expectant mother.
48.207(1m)(b)
(b) A licensed community-based residential facility, as defined in
s. 50.01 (1g), if the placement does not violate the conditions of the license.
48.207(1m)(e)
(e) An approved public treatment facility for emergency treatment if the adult expectant mother is held under
s. 48.203 (5).
48.207(2)(a)(a) If a facility listed in
sub. (1) (b) to
(k) is used to hold a child in custody, or if supervisory services of a home detention program are provided to a child held under
sub. (1) (a), the authorized rate of the facility for the care of the child or the authorized rate for those supervisory services shall be paid by the county in a county having a population of less than 500,000 or by the department in a county having a population of 500,000 or more. If no authorized rate has been established, a reasonable sum to be fixed by the court shall be paid by the county in a county having a population of less than 500,000 or by the department in a county having a population of 500,000 or more for the supervision or care of the child.
48.207(2)(b)
(b) If a facility listed in
sub. (1m) (b) to
(e) is used to hold an expectant mother of an unborn child in custody, or if supervisory services of a home detention program are provided to an expectant mother held under
sub. (1m) (a), the authorized rate of the facility for the care of the expectant mother or the authorized rate for those supervisory services shall be paid by the county in a county having a population of less than 500,000 or by the department in a county having a population of 500,000 or more. If no authorized rate has been established, a reasonable sum to be fixed by the court shall be paid by the county in a county having a population of less than 500,000 or by the department in a county having a population of 500,000 or more for the supervision or care of the expectant mother.
48.207(3)
(3) A child taken into custody under
s. 48.981 may be held in a hospital, foster home, treatment foster home, relative's home or other appropriate medical or child welfare facility which is not used primarily for the detention of delinquent children.
48.208
48.208
Criteria for holding a child in a juvenile detention facility. A child may be held in a juvenile detention facility if the intake worker determines that one of the following conditions applies:
48.208(3)
(3) The child consents in writing to being held in order to protect him or her from an imminent physical threat from another and such secure custody is ordered by the judge in a protective order.
48.208(4)
(4) Probable cause exists to believe that the child, having been placed in nonsecure custody by an intake worker under
s. 48.207 (1) or by the judge or a circuit court commissioner under
s. 48.21 (4), has run away or committed a delinquent act and no other suitable alternative exists.
48.208 Annotation
Courts may hold juveniles in contempt of court, but only under the criteria under s. 48.205 and this section. 70 Atty. Gen. 98.
48.209
48.209
Criteria for holding a child in a county jail. Subject to the provisions of
s. 48.208, a county jail may be used as a juvenile detention facility if the criteria under either
sub. (1) or
(2) are met:
48.209(1)
(1) There is no other juvenile detention facility approved by the department of corrections or a county which is available and:
48.209(1)(a)
(a) The jail meets the standards for juvenile detention facilities established by the department of corrections;
48.209(1)(b)
(b) The child is held in a room separated and removed from incarcerated adults;
48.209(1)(c)
(c) The child is not held in a cell designed for the administrative or disciplinary segregation of adults;
48.209(1)(e)
(e) The judge reviews the status of the child every 3 days.
48.209(2)
(2) The child presents a substantial risk of physical harm to other persons in the juvenile detention facility, as evidenced by previous acts or attempts, which can only be avoided by transfer to the jail. The conditions of
sub. (1) (a) to
(e) shall be met. The child shall be given a hearing and transferred only upon order of the judge.
48.209 Cross-reference
Cross Reference: See also s.
DOC 346.01, Wis. adm. code.
48.21
48.21
Hearing for child in custody. 48.21(1)(a)(a) If a child who has been taken into custody is not released under
s. 48.20, a hearing to determine whether the child shall continue to be held in custody under the criteria of
ss. 48.205 to
48.209 shall be conducted by the judge or a circuit court commissioner within 48 hours of the time the decision to hold the child was made, excluding Saturdays, Sundays, and legal holidays. By the time of the hearing a petition under
s. 48.25 shall be filed, except that no petition need be filed when the child is taken into custody under
s. 48.19 (1) (b) or
(d) 2. or
7. or when the child is a runaway from another state, in which case a written statement of the reasons for holding the child in custody shall be substituted if the petition is not filed. If no hearing has been held within 48 hours, excluding Saturdays, Sundays, and legal holidays, or if no petition or statement has been filed at the time of the hearing, the child shall be released except as provided in
pars. (b) and
(bm). A parent not present at the hearing shall be granted a rehearing upon request for good cause shown.
48.21(1)(b)
(b) If no petition has been filed by the time of the hearing, a child may be held in custody with approval of the judge or circuit court commissioner for an additional 72 hours from the time of the hearing, excluding Saturdays, Sundays, and legal holidays, only if, as a result of the facts brought forth at the hearing, the judge or circuit court commissioner determines that probable cause exists to believe any of the following:
48.21(1)(b)1.
1. That additional time is required to determine whether the filing of a petition initiating proceedings under this chapter is necessary.
48.21(1)(b)2.
2. That the child is an imminent danger to himself or herself or to others.
48.21(1)(b)3.
3. That 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.
48.21(1)(b)4.
4. That, if the child is an expectant mother who was taken into custody under
s. 48.19 (1) (cm) or
(d) 8., probable cause exists to believe that there is a substantial risk that if the child expectant mother is not held, the physical health of the unborn child, and of the child when born, will be seriously affected or endangered by the child expectant mother's habitual lack of self-control in the use of alcohol beverages, controlled substances, or controlled substance analogs, exhibited to a severe degree, and to believe that the child expectant mother is refusing or has refused to accept any alcohol or other drug abuse services offered to her or is not making or has not made a good faith effort to participate in any alcohol or other drug abuse services offered to her.
48.21(1)(bm)
(bm) An extension under
par. (b) may be granted only once for any petition. In the event of failure to file a petition within the extension period provided for in
par. (b), the judge or circuit court commissioner shall order the child's immediate release from custody.
48.21(3)
(3) Proceedings concerning children in need of protection or services and unborn children in need of protection or services and their child expectant mothers. 48.21(3)(ag)(ag) Proceedings concerning a child who comes within the jurisdiction of the court under
s. 48.13 or an unborn child and a child expectant mother of the unborn child who come within the jurisdiction of the court under
s. 48.133 shall be conducted according to this subsection.
48.21(3)(am)
(am) The parent, guardian, or legal custodian may waive his or her right to participate in the hearing under this section. After any waiver, a rehearing shall be granted at the request of the parent, guardian, legal custodian, or any other interested party for good cause shown.
48.21(3)(b)
(b) If present at the hearing, a copy of the petition shall be given to the parent, guardian or legal custodian, and to the child if he or she is 12 years of age or older, before the hearing begins. If the child is an expectant mother who has been taken into custody under
s. 48.19 (1) (cm) or
(d) 8., a copy of the petition shall also be given to the unborn child, through the unborn child's guardian ad litem, before the hearing begins. Prior notice of the hearing shall be given to the child's parent, guardian and legal custodian, to the child if he or she is 12 years of age or older and, if the child is an expectant mother who has been taken into custody under
s. 48.19 (1) (cm) or
(d) 8., to the unborn child, through the unborn child's guardian ad litem, in accordance with
s. 48.20 (8).
48.21(3)(d)
(d) Prior to the commencement of the hearing, the parent, guardian or legal custodian shall be informed by the court of the allegations that have been made or may be made, the nature and possible consequences of this hearing as compared to possible future hearings, the right to confront and cross-examine witnesses and the right to present witnesses.
48.21(3)(e)
(e) If the parent, guardian or legal custodian or the child is not represented by counsel at the hearing and the child is continued in custody as a result of the hearing, the parent, guardian, legal custodian or child may request through counsel subsequently appointed or retained or through a guardian ad litem that the order to hold the child in custody be reheard. If the request is made, a rehearing shall take place as soon as possible. Any order to hold the child in custody shall be subject to rehearing for good cause, whether or not counsel was present.
48.21(3m)
(3m) Parental notice required. If the child has been taken into custody because he or she committed an act which resulted in personal injury or damage to or loss of the property of another, the court, prior to the commencement of any hearing under this section, shall attempt to notify the child's parents of the possibility of disclosure of the identity of the child and the parents, of the child's police records and of the outcome of proceedings against the child for use in civil actions for damages against the child or the parents and of the parents' potential liability for acts of their children. If the court is unable to provide the notice before commencement of the hearing, it shall provide the child's parents with the specified information in writing as soon as possible after the hearing.
