48.08
48.08
Duties of person furnishing services to court. 48.08(1)(1) It is the duty of each person appointed to furnish services to the court as provided in
ss. 48.06 and
48.07 to make such investigations and exercise such discretionary powers as the judge may direct, to keep a written record of such investigations and to submit a report to the judge. Such person shall keep informed concerning the conduct and condition of the child under the person's supervision and shall report thereon as the judge directs.
48.08(2)
(2) Any person authorized to provide or providing intake or dispositional services for the court under
ss. 48.067 and
48.069 has the power of police officers and deputy sheriffs only for the purpose of taking a child into physical custody when the child comes voluntarily or is suffering from illness or injury or is in immediate danger from his or her surroundings and removal from the surroundings is necessary.
48.08 Annotation
Judge may order department to provide information on foster care placements in county. In Interest of J. A. 138 W (2d) 483, 406 NW (2d) 372 (1987).
48.09
48.09
Representation of the interests of the public. The interests of the public shall be represented in proceedings under this chapter as follows:
48.09(5)
(5) By the district attorney or, if designated by the county board of supervisors, by the corporation counsel, in any matter arising under
s. 48.13 or
48.977. If the county board transfers this authority to or from the district attorney on or after May 11, 1990, the board may do so only if the action is effective on September 1 of an odd-numbered year and the board notifies the department of administration of that change by January 1 of that odd-numbered year.
48.09(6)
(6) By any appropriate person designated by the county board of supervisors in any matter arising under
s. 48.14.
48.10
48.10
Power of the judge to act as intake worker. The duties of the intake worker may be carried out from time to time by the judge at his or her discretion, but if a recommendation to file a petition is made or an informal disposition is entered into, the judge shall be disqualified from participating further in the proceedings.
48.11
48.11
Advisory board. 48.11(1)(1) The court may appoint a board of not more than 15 citizens of the county, known for their interest in the welfare of children, who shall serve without compensation, to be called the advisory board of the court. The members of the board shall hold office during the pleasure of the court. The duties of the board are:
48.11(1)(a)
(a) To advise and cooperate with the court upon all matters affecting the workings of this law and other laws relating to children, their care and protection.
48.11(1)(b)
(b) To familiarize themselves with the functions and facilities of the court under this law and to interpret to the public the work of the court.
48.11(2)
(2) Nothing in this section shall be construed to require the court to open court records or to disclose their contents.
48.11 History
History: 1977 c. 449.
JURISDICTION
48.13
48.13
Jurisdiction over children alleged to be in need of protection or services. The court has exclusive original jurisdiction over a child alleged to be in need of protection or services which can be ordered by the court, and:
48.13(1)
(1) Who is without a parent or guardian;
48.13(3m)
(3m) Who is at substantial risk of becoming the victim of abuse, as defined in
s. 48.02 (1) (a),
(b),
(c),
(d),
(e) or
(f), including injury that is self-inflicted or inflicted by another, based on reliable and credible information that another child in the home has been the victim of such abuse;
48.13(4)
(4) Whose parent or guardian signs the petition requesting jurisdiction under this subsection and is unable or needs assistance to care for or provide necessary special treatment or care for the child;
48.13(5)
(5) Who has been placed for care or adoption in violation of law;
48.13(8)
(8) Who is receiving inadequate care during the period of time a parent is missing, incarcerated, hospitalized or institutionalized;
48.13(9)
(9) Who is at least age 12, signs the petition requesting jurisdiction under this subsection and is in need of special treatment or care which the parent, guardian or legal custodian is unwilling, neglecting, unable or needs assistance to provide;
48.13(10)
(10) Whose parent, guardian or legal custodian neglects, refuses or is unable for reasons other than poverty to provide necessary care, food, clothing, medical or dental care or shelter so as to seriously endanger the physical health of the child;
48.13(10m)
(10m) Whose parent, guardian or legal custodian is at substantial risk of neglecting, refusing or being unable for reasons other than poverty to provide necessary care, food, clothing, medical or dental care or shelter so as to endanger seriously the physical health of the child, based on reliable and credible information that the child's parent, guardian or legal custodian has neglected, refused or been unable for reasons other than poverty to provide necessary care, food, clothing, medical or dental care or shelter so as to endanger seriously the physical health of another child in the home;
48.13(11)
(11) Who is suffering emotional damage for which the parent, guardian or legal custodian has neglected, refused or been unable and is neglecting, refusing or unable, for reasons other than poverty, to obtain necessary treatment or to take necessary steps to ameliorate the symptoms;
48.13(11m)
(11m) Who is suffering from an alcohol and other drug abuse impairment, exhibited to a severe degree, for which the parent, guardian or legal custodian is neglecting, refusing or unable to provide treatment;
48.13 Note
NOTE: 1993 Wis. Act 395, which created subs. (3m) and (10m), contains extensive explanatory notes.
48.13 Annotation
CHIPS proceeding is controlled by Code of Civil Procedure unless ch. 48 requires different procedure; summary judgment under 802.08 is available in CHIPS cases. In Interest of F.Q. 162 W (2d) 607, 470 NW (2d) 1 (Ct. App. 1991).
48.13 Annotation
A jury verdict that children are in need of protection or services requires a separate verdict question for each of the specific jurisdictional grounds alleged. Interest of Lauran F, 194 W (2d) 283, 533 NW (2d) 812 (1995).
48.13 Annotation
A viable fetus is a "person" within the definition of a child under s. 48.02 (2). The court has jurisdiction over the child under circumstances described in this section and a compelling interest in promoting and protecting the potential life of the fetus. Because of that compelling interest, the court may order protective custody of that child even though such custody requires custody of the mother as well and the court may not have jurisdiction over the mother. State ex rel. Angela M.W. v. Kruzicki, 197 W (2d) 532, 541 NW (2d) 482 (Ct. App. 1995).
48.135
48.135
Referral of children to proceedings under chapter 51 or 55. 48.135(1)(1) If a child alleged to be in need of protection or services is before the court and it appears that the child is developmentally disabled, mentally ill or drug dependent or suffers from alcoholism, the court may proceed under
ch. 51 or
55.
48.135(2)
(2) Any voluntary or involuntary admissions, placements or commitments of a child made in or to an inpatient facility as defined in
s. 51.01 (10) shall be governed by
ch. 51 or
55.
48.14
48.14
Jurisdiction over other matters relating to children. The court has exclusive jurisdiction over:
48.14(1)
(1) The termination of parental rights to a minor in accordance with
subch. VIII.
48.14(2)
(2) The appointment and removal of a guardian of the person in the following cases:
48.14(2)(a)
(a) For a minor, where parental rights have been terminated under
subch. VIII; or
48.14(5)
(5) Proceedings under
chs. 51 and
55 which apply to minors.
48.14(8)
(8) Runaway children, but only as provided under
s. 48.227 for the limited purpose described in that section.
48.14 Annotation
Conflicts arising in the case of concurrent jurisdiction of two courts discussed. Interest of Tiffany W. & Myokra W. 192 W (2d) 407, 532 NW (2d) 135 (Ct. App. 1995).
48.15
48.15
Jurisdiction of other courts to determine legal custody. Nothing contained in
ss. 48.13 and
48.14 deprives other courts of the right to determine the legal custody of children by habeas corpus or to determine the legal custody or guardianship of children if the legal custody or guardianship is incidental to the determination of causes pending in the other courts. But the jurisdiction of the court assigned to exercise jurisdiction under this chapter and
ch. 938 is paramount in all cases involving children alleged to come within the provisions of
ss. 48.13 and
48.14.
48.15 Note
Judicial Council Note, 1981: Reference to "writs" of habeas corpus has been removed because that remedy is now available in an ordinary action. See s. 781.01, stats., and the note thereto. [Bill 613-A]
48.16
48.16
Jurisdiction over petitions for waiver of parental consent to a minor's abortion. Any circuit court within this state has jurisdiction over a proceeding under
s. 48.375 (7) for waiver of the parental consent requirement under
s. 48.375 (4).
48.16 History
History: 1991 a. 263.
48.185(1)(1) Subject to
sub. (2), venue for any proceeding under
ss. 48.13,
48.135 and
48.14 (1) to
(9) may be in any of the following: the county where the child resides, the county where the child is present or, in the case of a violation of a state law or a county, town or municipal ordinance, the county where the violation occurred. Venue for proceedings brought under
subch. VIII is as provided in this subsection except where the child has been placed and is living outside the home of the child's parent pursuant to a dispositional order, in which case venue is as provided in
sub. (2). Venue for a proceeding under
s. 48.14 (10) is as provided in
s. 801.50 (5s).
48.185(2)
(2) In an action under
s. 48.41, venue shall be in the county where the birth parent or child resides at the time that the petition is filed. Venue for any proceeding under
s. 48.363,
48.365 or
48.977, or any proceeding under
subch. VIII when the child has been placed outside the home pursuant to a dispositional order under
s. 48.345, shall be in the county where the dispositional order was issued, unless the child's county of residence has changed, or the parent of the child has resided in a different county of this state for 6 months. In either case, the court may, upon a motion and for good cause shown, transfer the case, along with all appropriate records, to the county of residence of the child or parent.
48.185 History
History: 1977 c. 354; Stats. 1977 s. 48.185;
1979 c. 330;
1989 a. 161;
1993 a. 98,
318,
491;
1995 a. 77,
275.
48.185 Annotation
This section does not authorize change of venue, upon motion of party or upon stipulation of parties, after adjudication but before first dispositional hearing.
75 Atty. Gen. 100.
HOLDING A CHILD IN CUSTODY
48.19
48.19
Taking a child into custody. 48.19(1)
(1) A child may be taken into custody under any of the following:
48.19(1)(c)
(c) An order of the judge if made upon a showing satisfactory to the judge that the welfare of the child demands that the child be immediately removed from his or her present custody. The order shall specify that the child be held in custody under
s. 48.207.
48.19(1)(d)
(d) Circumstances in which a law enforcement officer believes on reasonable grounds that any of the following conditions exists:
48.19(1)(d)1.
1. A capias or a warrant for the child's apprehension has been issued in this state, or that the child is a fugitive from justice.
48.19(1)(d)2.
2. A capias or a warrant for the child's apprehension has been issued in another state.
48.19(1)(d)4.
4. The child has run away from his or her parents, guardian or legal or physical custodian.
48.19(1)(d)5.
5. The child is suffering from illness or injury or is in immediate danger from his or her surroundings and removal from those surroundings is necessary.
48.19(1)(d)7.
7. The child has violated the conditions of an order under
s. 48.21 (4) or the conditions of an order for temporary physical custody by an intake worker.
48.19(2)
(2) When a child is taken into physical custody as provided in this section, the person taking the child into custody shall immediately attempt to notify the parent, guardian and legal custodian of the child by the most practical means. The person taking the child into custody shall continue such attempt until the parent, guardian and legal custodian of the child are notified, or the child is delivered to an intake worker under
s. 48.20 (3), whichever occurs first. If the child is delivered to the intake worker before the parent, guardian and legal custodian are notified, the intake worker, or another person at his or her direction, shall continue the attempt to notify until the parent, guardian and legal custodian of the child are notified.
48.19(3)
(3) Taking into custody is not an arrest except for the purpose of determining whether the taking into custody or the obtaining of any evidence is lawful.
48.19 Annotation
A viable fetus is a "person" within the definition of a child under s. 48.02 (2). The court has jurisdiction over the child under circumstances described in this section and a compelling interest in promoting and protecting the potential life of the fetus. Because of that compelling interest, the court may order protective custody of that child even though such custody requires custody of the mother as well and the court may not have jurisdiction over the mother. State ex rel. Angela M.W. v. Kruzicki, 197 W (2d) 532, 541 NW (2d) 482 (Ct. App. 1995).
48.20
48.20
Release or delivery from custody. 48.20(2)(ag)(ag) Except as provided in
pars. (b) to
(d), a person taking a child into custody shall make every effort to release the child immediately to the child's parent, guardian or legal custodian.
48.20(2)(b)
(b) If the child's parent, guardian or legal custodian is unavailable, unwilling or unable to provide supervision for the child, the person who took the child into custody may release the child to a responsible adult after counseling or warning the child as may be appropriate.
48.20(2)(c)
(c) If the child is 15 years of age or older, the person who took the child into custody may release the child without immediate adult supervision after counseling or warning the child as may be appropriate.
