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.
48.20(2)(d)
(d) If the child is a runaway, the person who took the child into custody may release the child to a home authorized under
s. 48.227.
48.20(3)
(3) If the child is released under
sub. (2) (b) to
(d), the person who took the child into custody 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. If the child is not released under
sub. (2), the person who took the child into custody shall arrange in a manner determined by the court and law enforcement agencies for the child 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 child was taken into physical custody and shall give any child 12 years of age or older 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.
48.20(4)
(4) If the child is believed to be suffering from a serious physical condition which requires either prompt diagnosis or prompt treatment, the person taking the child into physical custody, the intake worker or other appropriate person shall deliver the child to a hospital as defined in
s. 50.33 (2) (a) and
(c) or physician's office.
48.20(5)
(5) If the child is believed to be mentally ill, drug dependent or developmentally disabled, and exhibits conduct which constitutes a substantial probability of physical harm to the child or to others, or a very substantial probability of physical impairment or injury to the child exists due to the impaired judgment of the child, and the standards of
s. 51.15 are met, the person taking the child into physical custody, the intake worker or other appropriate person shall proceed under
s. 51.15.
48.20(6)
(6) If the child is believed to be an intoxicated person who has threatened, attempted or inflicted physical harm on himself or herself or on another and is likely to inflict such physical harm unless committed, or is incapacitated by alcohol, the person taking the child into physical custody, the intake worker or other appropriate person shall proceed under
s. 51.45 (11).
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 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. If a child who has violated the terms of aftercare supervision administered by the department of corrections or a county department is held in custody, the intake worker shall also notify the department of corrections or county department, whichever has supervision over the child, of the reasons for holding the child in custody, of the child's whereabouts and of the time and place of the detention hearing required under
s. 48.21. 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 alleged to be in need of protection or services and 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.
48.205
48.205
Criteria for holding a child in physical custody. 48.205(1)(1) A child may be held under
s. 48.207,
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; or
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(2)
(2) The criteria for holding a 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.
48.207
48.207
Places where a child may be held in nonsecure custody. 48.207(1)(1) A child held in physical custody under
s. 48.205 may be held in any of the following places:
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(2)
(2) If a facility listed in
sub. (1) (b) to
(k) is used to hold children in custody, or if supervisory services of a home detention program are provided to children held under
sub. (1) (a), its authorized rate shall be paid by the county for the care of the child. If no authorized rate has been established, a reasonable sum to be fixed by the court shall be paid by the county for the supervision or care of the child.
