48.02(15)
(15) "Relative" means a parent, grandparent, stepparent, brother, sister, first cousin, nephew, niece, uncle or aunt. This relationship shall be by blood, marriage or adoption.
48.02(16)
(16) "Secure detention facility" means a locked facility approved by the department of corrections under
s. 301.36 for the secure, temporary holding in custody of children.
48.02(17)
(17) "Shelter care facility" means a nonsecure place of temporary care and physical custody for children, including a holdover room, licensed by the department under
s. 48.66 (1) (a).
48.02(17m)
(17m) "Special treatment or care" means professional services which need to be provided to a child or his or her family to protect the well-being of the child, prevent placement of the child outside the home or meet the special needs of the child. "Special treatment or care" also means professional services which need to be provided to the expectant mother of an unborn child to protect the physical health of the unborn child and of the child when born from the harmful effects resulting from the habitual lack of self-control of the expectant mother in the use of alcohol, controlled substances or controlled substance analogs, exhibited to a severe degree. This term includes, but is not limited to, medical, psychological or psychiatric treatment, alcohol or other drug abuse treatment or other services which the court finds to be necessary and appropriate.
48.02(17q)
(17q) "Treatment foster home" means any facility that is operated by a person required to be licensed under
s. 48.62 (1) (b), that is operated under the supervision of the department, a county department or a licensed child welfare agency, and that provides to no more than 4 children care, maintenance and structured, professional treatment by trained individuals, including the treatment foster parents.
48.02(18)
(18) "Trial" means a fact-finding hearing to determine jurisdiction.
48.02(19)
(19) "Unborn child" means a human being from the time of fertilization to the time of birth.
48.02 History
History: 1971 c. 41 s.
12;
1971 c. 164;
1973 c. 263;
1977 c. 205,
299,
354,
418,
447,
449;
1979 c. 135,
300,
352;
1981 c. 81;
1983 a. 189,
447,
471;
1985 a. 176;
1987 a. 27,
285,
339;
1989 a. 31; Sup. Ct. Order, 151 Wis. 2d xxv (1989);
1989 a. 107;
1991 a. 39;
1993 a. 98,
375,
377,
385,
446,
491;
1995 a. 27 ss.
2423 to
2426p,
9126 (19),
9145 (1);
1995 a. 77,
275,
352,
448;
1997 a. 27,
104,
191,
292;
1999 a. 9.
48.02 Cross-reference
Cross-reference: See s.
46.011 for definitions applicable to chs.
46 to
51,
55 and
58.
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).
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).
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. 767.60 may, in accordance with procedures under this section, file with the department a declaration of his interest in matters affecting such child.
48.025(2)
(2) The declaration provided in
sub. (1) may be filed at any time except after a termination of the father's rights under
subch. VIII. The declaration shall be in writing, signed 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 he has reason to believe that he may be the father of the child.
48.025(3)
(3) 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(4)
(4) Filing a declaration under this section shall not extend parental rights to the person filing such declaration.
48.025 Annotation
The constitutional rights of a 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 additional safeguards, 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. The chief judge may delegate his or her supervisory functions under
s. 48.065 (1).
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. 46.495. Counties having a population of less than 500,000 may use funds received under
s. 46.495 (1) (d), including county or federal revenue sharing funds allocated to match funds received under
s. 46.495 (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.
48.065
48.065
Juvenile court commissioners. 48.065(1)
(1) The board of supervisors of any county may authorize the chief judge of the judicial administrative district to appoint one or more part-time or full-time juvenile court commissioners who shall serve at the discretion of the chief judge. A juvenile court commissioner shall be licensed to practice law in this state and shall have been so licensed for at least 2 years immediately prior to appointment and shall have a demonstrated interest in the welfare of children and unborn children. The chief judge may assign law clerks, bailiffs and deputies to the court commissioner. The chief judge shall supervise juvenile court commissioners, law clerks, bailiffs and deputies, except that the chief judge may delegate any of those duties.
48.065(2)
(2) Under this chapter a juvenile court commissioner, if authorized to do so by a judge, may:
48.065(2)(b)
(b) Conduct hearings under
s. 48.21 and thereafter order a child held in or released from custody.
48.065(2)(bm)
(bm) Conduct hearings under
s. 48.213 and thereafter order an adult expectant mother of an unborn child to be held in or released from custody.
48.065(2)(gr)
(gr) Hold hearings, make findings and issue temporary restraining orders in proceedings under
s. 813.122 in which the respondent is a child.
48.065(2)(gs)
(gs) Hold hearings, make findings and issue orders in proceedings under
s. 813.125 in which the respondent is a child.
48.065(2)(h)
(h) Perform such other duties, not in conflict with this chapter, as the judge may direct.
48.065(3)
(3) The juvenile court commissioner may not:
48.065(3)(b)
(b) Conduct fact-finding or dispositional hearings except as provided in
sub. (2) (gm).
48.065(3)(c)
(c) Make dispositions other than approving consent decrees and other than dispositions in uncontested proceedings under
s. 48.13 or
48.133.
48.065(3)(d)
(d) Conduct hearings for the termination of parental rights or for adoptions.
48.065(3)(e)
(e) Make changes in placements of children or of the expectant mothers of unborn children, or revisions or extensions of dispositional orders, except in uncontested proceedings under
s. 48.13 or
48.133.
48.065(4)
(4) When acting officially, the juvenile court commissioner shall sit at the courthouse or the usual court facility for juvenile matters. Any decision of the juvenile court commissioner shall be reviewed by the judge upon the request of any interested party.
48.065 Annotation
Authority to conduct plea hearings under sub. (2) (d) must be granted by a judge, but the judge need not be the judge assigned to the specific case. In Interest of Joshua M.W.
179 Wis. 2d 335,
507 N.W.2d 141 (Ct. App. 1993).
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 secure 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).
