48.02 Annotation
Under sub. (13), a deceased parent continues to be parent; a deceased parent's parents continue to be grandparents. Grandparental Visitation of C.G.F.
168 Wis. 2d 62, N.W.2d 803 (1992).
48.02 Annotation
A viable fetus is not a "person" within the definition of a child under sub. (2). State ex rel. Angela M.W. v. Kruzicki,
209 Wis. 2d 112,
561 N.W.2d 729 (1997),
95-2480.
48.02 Annotation
While the second sentence of sub. (13) applies exclusively to nonmarital children, the first sentence does not apply exclusively to children of married individuals. The biological father of a nonmarital child satisfies the definition of parent in s. 48.02 (13) as he is a biological parent notwithstanding that he has not officially been adjudicated as the child's biological father. State v. James P. 2005 WI 80,
281 Wis. 2d 685,
698 N.W.2d 95,
04-0723.
48.02 Annotation
An interpretation of "severe bruising" under sub. (14g) that includes consideration of the circumstances surrounding the physical injury is reasonable. A child's bruises were severe based on the combination of: 1) the sensitive location of the bruising, on the child's skull; 2) the vulnerability of a child of the victim's age; and 3) the means by which the court determined the bruises were created, by an adult hand pressing on the child's skull. Kristi L. M. v. Dennis E. M. 2007 WI 85,
302 Wis. 2d 185,
734 N.W.2d 375,
05-1034.
48.02 Annotation
Due process and equal protection; classifications based on illegitimacy. Bazos, 1973 WLR 908.
48.023
48.023
Guardianship. Except as limited by an order of the court under
s. 48.977 (5) (b) or
48.978 (6) (b) 2., a person appointed by the court to be the guardian of a child under this chapter has the duty and authority to make important decisions in matters having a permanent effect on the life and development of the child and the duty to be concerned about the child's general welfare, including but not limited to:
48.023(1)
(1) The authority to consent to marriage, enlistment in the U.S. armed forces, major medical, psychiatric and surgical treatment, and obtaining a motor vehicle operator's license.
48.023(2)
(2) The authority to represent the child in legal actions and make other decisions of substantial legal significance concerning the child but not the authority to deny the child the assistance of counsel as required by this chapter.
48.023(3)
(3) The right and duty of reasonable visitation of the child.
48.023(4)
(4) The rights and responsibilities of legal custody except when legal custody has been vested in another person or when the child is under the supervision of the department of corrections under
s. 938.183,
938.34 (4h),
(4m) or
(4n) or
938.357 (4) or the supervision of a county department under
s. 938.34 (4d) or
(4n).
48.023 Annotation
A guardian may not recover for the loss of society and companionship of a ward, nor may the guardian bring a separate claim for costs incurred or income lost on account of injuries to the ward. Conant v. Physicians Plus Medical Group, Inc.
229 Wis. 2d 271,
600 N.W.2d 21 (Ct. App. 1999),
98-3285.
48.023 Annotation
A guardian has general authority to consent to medication for a ward, but may consent to psychotropic medication only in accordance with ss. 880.07 (1m) and 880.33 (4m) and (4r). The guardian's authority to consent to medication or medical treatment of any kind is not affected by an order for protective placement or services.
OAG 5-99.
48.025
48.025
Declaration of paternal interest in matters affecting children. 48.025(1)(1) Any person claiming to be the father of a nonmarital child who is not adopted or whose parents do not subsequently intermarry under
s. 767.803 and whose paternity has not been established may, in accordance with procedures under this section, file with the department a declaration of his interest in matters affecting the child. The department may not charge a fee for filing a declaration under this section.
48.025(2)(a)(a) A declaration under
sub. (1) may be filed at any time before a termination of the father's parental rights under
subch. VIII. This paragraph does not apply to a declaration that is filed on or after July 1, 2006.
48.025(2)(b)
(b) A declaration under
sub. (1) may be filed at any time before the birth of the child or within 14 days after the birth of the child, except that a man who receives a notice under
s. 48.42 (1g) (b) may file a declaration within 21 days after the date on which the notice was mailed. This paragraph does not apply to a declaration filed before July 1, 2006.
48.025(2)(c)
(c) The declaration shall be in writing, shall be signed and verified upon oath or affirmation by the person filing the declaration, and shall contain the person's name and address, the name and last-known address of the mother, the month and year of the birth or expected birth of the child, and a statement that the person filing the declaration has reason to believe that he may be the father of the child. If the person filing the declaration is under 18 years of age, the declaration shall also be signed by a parent or guardian of the person.
48.025(2)(d)
(d) A person who has filed a declaration under
sub. (1) may revoke the declaration at any time by filing with the department a statement, signed and verified upon oath or affirmation, that the person, to the best of his knowledge and belief, is not the father of the child or that another person has been adjudicated as the father of the child. If the person filing the revocation is under 18 years of age, the revocation shall also be signed by a parent or guardian of the person.
48.025(3)(a)(a) The department shall keep confidential and may not open to public inspection or disclose the contents of any declaration, revocation of a declaration, or response to a declaration filed under this section, except as provided under
pars. (b) and
(c) or by order of the court for good cause shown.
48.025(3)(b)
(b) A copy of a declaration filed with the department under
sub. (1) shall be sent to the mother at her last-known address. Nonreceipt of such copy shall not affect the validity of the declaration. The mother may send a written response to the declaration to the department, and the written response shall be filed with the declaration. Failure to send a written response shall not constitute an admission of the statements contained in the declaration.
48.025(3)(c)
(c) A court in a proceeding under
s. 48.13,
48.133,
48.14, or
938.13 or under a substantially similar law of another state or a person authorized to file a petition under
s. 48.25,
48.42,
48.837, or
938.25 or under a substantially similar law of another state may request the department to search its files to determine whether a person who may be the father of the child who is the subject of the proceeding has filed a declaration under this section. If the department has on file a declaration of paternal interest in matters affecting the child, the department shall issue to the requester a copy of the declaration. If the department does not have on file a declaration of paternal interest in matters affecting the child, the department shall issue to the requester a statement that no declaration could be located. The department may require a person who requests a search under this paragraph to pay a reasonable fee that is sufficient to defray the costs to the department of maintaining its file of declarations and publicizing information relating to declarations of paternal interest under this section.
48.025(3)(d)
(d) Any person who obtains any information under this subsection may use or disclose that information only for the purposes of a proceeding under
s. 48.13,
48.133,
48.14, or
938.13 or under a substantially similar law of another state and may not use or disclose that information for any other purpose except by order of the court for good cause shown.
48.025(4)
(4) Filing a declaration under this section shall not extend parental rights to the person filing such declaration.
48.025(5)(a)(a) The department shall publicize, in a manner calculated to provide maximum notice to all persons who might claim to be the father of a nonmarital child, all of the following information:
48.025(5)(a)1.
1. That a person claiming to be the father of a nonmarital child may affirmatively protect his parental rights by filing a declaration of interest under this section.
48.025(5)(a)2.
2. The procedures for filing a declaration of interest.
48.025(5)(a)3.
3. The consequences of filing a declaration of interest.
48.025(5)(a)4.
4. The consequences of not filing a declaration of interest.
48.025(5)(b)
(b) The department may publicize the information under
par. (a) by posting the information on the Internet, by creating a pamphlet for use by schools and health care providers, and by requiring agencies that provide services under contract with the department to provide the information to clients.
48.025(6)(a)(a) Any person who makes a false statement in a declaration, revocation of a declaration, or response to a declaration filed under this section that the person does not believe is true is subject to prosecution for false swearing under
s. 946.32 (2).
48.025(6)(b)
(b) Except as permitted under
sub. (3), any person who intentionally obtains, uses, or discloses information that is confidential under this section may be fined not more than $1,000 or imprisoned for not more than 90 days or both.
48.025 Annotation
The constitutional rights of a putative father to establish his parentage and assert parental rights. 58 MLR 175.
48.027
48.027
Child custody jurisdiction. All proceedings relating to the custody of children shall comply with the requirements of
ch. 822.
48.027 History
History: 1975 c. 283.
48.028
48.028
Custody of Indian children. The Indian child welfare act,
25 USC 1911 to
1963, supersedes the provisions of this chapter in any child custody proceeding governed by that act.
48.028 History
History: 1981 c. 81.
48.028 Annotation
When the children's code provides safeguards in addition to those in the Indian child welfare act, those safeguards should be followed. In Re Interest of D.S.P.
166 Wis. 2d 464,
480 N.W.2d 234 (1992).
48.029
48.029
Pregnancy testing prohibited. No law enforcement agency, district attorney, corporation counsel, county department, licensed child welfare agency or other person involved in the investigation or prosecution of an allegation that an unborn child has been the victim of or is at substantial risk of abuse may, without a court order, require a person to take a pregnancy test in connection with that investigation or prosecution.
48.029 History
History: 1997 a. 292.
ORGANIZATION OF COURT
48.03
48.03
Time and place of court; absence or disability of judge; court of record. 48.03(1)
(1) The judge shall set apart a time and place to hold court on juvenile matters.
48.03(2)
(2) In the case of the absence or disability of the judge of a court assigned to exercise jurisdiction under this chapter and
ch. 938, another judge shall be assigned under
s. 751.03 to act temporarily in the judge's place. If the judge assigned temporarily is from a circuit other than the one for which elected, the judge shall receive expenses as provided under
s. 753.073.
48.035
48.035
Court; Menominee and Shawano counties. Menominee County is attached to Shawano County for judicial purposes to the extent of the jurisdiction and functions of the court assigned to exercise jurisdiction under this chapter and
ch. 938 and the office and functions of the judge of the court, and the duly designated judge of the court assigned to exercise jurisdiction under this chapter and
ch. 938 of the circuit court for Menominee and Shawano counties shall serve in both counties. The county boards of Menominee County and Shawano County shall enter into an agreement on administration of this section and the prorating of expenditures involved, and for such purposes the county board of supervisors of Menominee County may appropriate, levy and collect a sum each year sufficient to pay its share of the expenses. If the 2 county boards are unable to agree on the prorating of expenditure involved, then the circuit judges for the circuit court for Menominee and Shawano counties shall, upon appropriate notice and hearing, determine the prorating of the expenditures on the basis of a fair allocation to each county under such procedure as they prescribe. If the circuit judges are unable to agree, the chief judge of the judicial administrative district shall make the determination.
48.035 History
History: 1977 c. 449;
1995 a. 77.
48.04
48.04
Employees of court. If the county contains one or more cities of the 2nd or 3rd class, the circuit judges for the county, subject to the approval of the chief judge of the judicial administrative district, may appoint, by an instrument in writing, filed with the county clerk, a clerk of court for juvenile matters and such deputies as may be needed, who shall perform the duties of clerk and reporter of the court as directed by the judges. The clerk and deputies shall take and file the official oath and shall receive such salary as the county board of supervisors determines.
48.06
48.06
Services for court. 48.06(1)(1)
Counties with a population of 500,000 or more. 48.06(1)(a)1.1. In counties with a population of 500,000 or more, the department shall provide the court with the services necessary for investigating and supervising child welfare and unborn child welfare cases under this chapter. The department is charged with providing child welfare and unborn child welfare intake and dispositional services and with administration of the personnel and services of the child welfare and unborn child welfare intake and dispositional sections of the department. The department shall include investigative services for all children and unborn children alleged to be in need of protection or services to be provided by the department.
48.06(1)(a)2.
2. The chief judge of the judicial administrative district shall formulate written judicial policy governing intake and court services for child welfare matters under this chapter and the department shall be charged with executing the judicial policy. The chief judge shall direct and supervise the work of all personnel of the court, except the work of the district attorney or corporation counsel assigned to the court.
48.06(1)(a)3.
3. The county board of supervisors does not have authority and may not assert jurisdiction over the disposition of any case, child, unborn child or expectant mother of an unborn child after a written order is made under
s. 48.21 or
48.213 or if a petition is filed under
s. 48.25.
48.06(1)(am)1.1. All intake workers providing services under this chapter who begin employment after May 15, 1980, shall have the qualifications required to perform entry level social work in a county department and shall have successfully completed 30 hours of intake training approved or provided by the department prior to the completion of the first 6 months of employment in the position. The department shall monitor compliance with this subdivision according to rules promulgated by the department.
48.06(1)(am)2.
2. The department shall make training programs available annually that permit intake workers who provide services under this chapter to satisfy the requirements specified under
subd. 1.
48.06(1)(am)3.
3. Each intake worker providing services under this chapter whose responsibilities include investigation or treatment of child abuse or neglect or unborn child abuse shall successfully complete additional training in child abuse and neglect and unborn child abuse protective services approved by the department under
s. 48.981 (8) (d). Not more than 4 hours of the additional training may be applied to the requirement under
subd. 1.
48.06(2)
(2) Counties with a population under 500,000. 48.06(2)(a)(a) In counties having less than 500,000 population, the county board of supervisors shall authorize the county department or court or both to provide intake services required by
s. 48.067 and the staff needed to carry out the objectives and provisions of this chapter under
s. 48.069. Intake services shall be provided by employees of the court or county department and may not be subcontracted to other individuals or agencies, except any county which had intake services subcontracted from the county sheriff's department on April 1, 1980, may continue to subcontract intake services from the county sheriff's department. Intake workers shall be governed in their intake work, including their responsibilities for recommending the filing of a petition and entering into an informal disposition, by general written policies which shall be formulated by the circuit judges for the county, subject to the approval of the chief judge of the judicial administrative district.
48.06(2)(b)1.1. All intake workers providing services under this chapter who begin employment after May 15, 1980, shall have the qualifications required to perform entry level social work in a county department and shall have successfully completed 30 hours of intake training approved or provided by the department prior to the completion of the first 6 months of employment in the position. The department shall monitor compliance with this paragraph according to rules promulgated by the department.
48.06(2)(b)2.
2. The department shall make training programs available annually that permit intake workers who provide services under this chapter to satisfy the requirements specified under
subd. 1.
48.06(2)(c)
(c) Each intake worker providing services under this chapter whose responsibilities include investigation or treatment of child abuse or neglect or unborn child abuse shall successfully complete additional training in child abuse and neglect and unborn child abuse protective services approved by the department under
s. 48.981 (8) (d). Not more than 4 hours of the additional training may be applied to the requirement under
par. (b).
48.06(3)
(3) Intake services. The court, the department in a county having a population of 500,000 or more or the county department responsible for providing intake services under
s. 48.067 shall specify one or more persons to provide intake services. If there is more than one such worker, one of the workers shall be designated as chief worker and shall supervise other workers.
48.06(4)
(4) State aid. State aid to any county for court services under this section shall be at the same net effective rate that each county is reimbursed for county administration under
s. 48.569. Counties having a population of less than 500,000 may use funds received under
s. 48.569 (1) (d), including county or federal revenue sharing funds allocated to match funds received under
s. 48.569 (1) (d), for the cost of providing court attached intake services in amounts not to exceed 50% of the cost of providing court attached intake services or $30,000 per county per calendar year, whichever is less.
48.06 History
History: 1971 c. 125;
1975 c. 39,
199,
302,
307,
422;
1977 c. 271;
1977 c. 354 ss.
10 to
14,
101;
1977 c. 447,
449;
1979 c. 34,
300;
1981 c. 20 s.
2202 (20) (o);
1981 c. 93 s.
186;
1981 c. 314,
329;
1983 a. 239;
1985 a. 29,
176;
1987 a. 151,
399;
1991 a. 274;
1995 a. 27;
1997 a. 27,
80,
292;
2001 a. 61;
2007 a. 20.
48.06 Cross-reference
Cross Reference: See also ch.
DCF 49, Wis. adm. code.
48.067
48.067
Powers and duties of intake workers. To carry out the objectives and provisions of this chapter but subject to its limitations, intake workers shall:
48.067(1)
(1) Provide intake services 24 hours a day, 7 days a week, for the purpose of screening children taken into custody and not released under
s. 48.20 (2) and the adult expectant mothers of unborn children taken into custody and not released under
s. 48.203 (1).
48.067(2)
(2) Interview, unless impossible, any child or expectant mother of an unborn child who is taken into physical custody and not released, and when appropriate interview other available concerned parties. If the child cannot be interviewed, the intake worker shall consult with the child's parent or a responsible adult. If an adult expectant mother of an unborn child cannot be interviewed, the intake worker shall consult with an adult relative or friend of the adult expectant mother. No child may be placed in a juvenile detention facility unless the child has been interviewed in person by an intake worker, except that if the intake worker is in a place which is distant from the place where the child is or the hour is unreasonable, as defined by written court intake rules, and if the child meets the criteria under
s. 48.208, the intake worker, after consulting by telephone with the law enforcement officer who took the child into custody, may authorize the secure holding of the child while the intake worker is en route to the in-person interview or until 8 a.m. of the morning after the night on which the child was taken into custody.
48.067(3)
(3) Determine whether the child or the expectant mother of an unborn child shall be held under
s. 48.205 and such policies as the judge shall promulgate under
s. 48.06 (1) or
(2).
48.067(4)
(4) If the child or the expectant mother of an unborn child is not released, determine where the child or expectant mother shall be held.
48.067(5)
(5) Provide crisis counseling during the intake process when such counseling appears to be necessary.
48.067(6)
(6) Receive referral information, conduct intake inquiries, request that a petition be filed, and enter into informal dispositions under policies promulgated under
s. 48.06 (1) or
(2).
48.067(6m)
(6m) Conduct the multidisciplinary screen in counties that have an alcohol and other drug abuse program under
s. 48.547.
48.067(7)
(7) Make referrals of cases to other agencies if their assistance appears to be needed or desirable.
48.067(7m)
(7m) At the request of a minor who claims to be pregnant, assist the minor in preparing a petition to initiate a proceeding under
s. 48.375 (7) and file the petition with the clerk of circuit court.
48.067(8)
(8) Make interim recommendations to the court concerning children, and unborn children and their expectant mothers, awaiting final disposition under
s. 48.355.
48.067(9)
(9) Perform any other functions ordered by the court, and assist the court or chief judge of the judicial administrative district in developing written policies or carrying out its other duties when the court or chief judge so requests.
48.069
48.069
Powers and duties of disposition staff.
