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; or
48.13 Note
NOTE: 1993 Wis. Act 395, which created subs. (3m) and (10m), contains extensive explanatory notes.
48.13 Annotation
CHIPS proceedings are controlled by the Code of Civil Procedure unless ch. 48 requires a different procedure; summary judgment under s. 802.08 is available in CHIPS cases. In Interest of F.Q.
162 Wis. 2d 607,
470 N.W.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 Wis. 2d 283,
533 N.W.2d 812 (1995).
48.13 Annotation
A viable fetus is not a "person" within the definition of a child under s. 48.02 (2). A court does not have jurisdiction over a fetus under this section. State ex rel. Angela M.W. v. Kruzicki,
209 Wis. 2d 112,
561 N.W.2d 729 (1997).
48.133
48.133
Jurisdiction over unborn children in need of protection or services and the expectant mothers of those unborn children. The court has exclusive original jurisdiction over an unborn child alleged to be in need of protection or services which can be ordered by the court whose expectant mother habitually lacks self-control in the use of alcohol beverages, controlled substances or controlled substance analogs, exhibited to a severe degree, to the extent that 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 unless the expectant mother receives prompt and adequate treatment for that habitual lack of self-control. The court also has exclusive original jurisdiction over the expectant mother of an unborn child described in this section.
48.133 History
History: 1997 a. 292.
48.135
48.135
Referral of children and expectant mothers of unborn children to proceedings under chapter 51 or 55. 48.135(1)(1) If a child alleged to be in need of protection or services or a child expectant mother of an unborn child alleged to be in need of protection or services is before the court and it appears that the child or child expectant mother is developmentally disabled, mentally ill or drug dependent or suffers from alcoholism, the court may proceed under
ch. 51 or
55. If an adult expectant mother of an unborn child alleged to be in need of protection or services is before the court and it appears that the adult expectant mother is drug dependent or suffers from alcoholism, the court may proceed under
ch. 51.
48.135(2)
(2) Except as provided in
ss. 48.19 to
48.21 and
s. 48.345 (14), 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. Except as provided in
ss. 48.193 to
48.213 and
s. 48.347 (6), any voluntary or involuntary admissions, placements or commitments of an adult expectant mother of an unborn child made in or to an inpatient facility, as defined in
s. 51.01 (10), shall be governed by
ch. 51.
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 and proceedings under
ch. 51 which apply to the adult expectant mothers of unborn children, if those adult expectant mothers appear to be drug dependent or to suffer from alcoholism.
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 are discussed. Interest of Tiffany W. & Myokra W.
192 Wis. 2d 407,
532 N.W.2d 135 (Ct. App. 1995).
48.15
48.15
Jurisdiction of other courts to determine legal custody. Nothing contained in
ss. 48.13,
48.133 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 and unborn children and their expectant mothers alleged to come within the provisions of
ss. 48.133 and
48.14 (5).
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,
48.133,
48.135 and
48.14 (1) to
(9) may be in any of the following: the county where the child or the expectant mother of the unborn child resides or the county where the child or expectant mother is present. 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 or
48.347, 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 or the expectant mother of the unborn 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, parent or expectant mother.
48.185 Annotation
This section does not authorize change of venue, upon motion of party or upon stipulation of parties, after adjudication but before the first dispositional hearing.
75 Atty. Gen. 100.
HOLDING A CHILD OR AN EXPECTANT MOTHER 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 (1).
48.19(1)(cm)
(cm) An order of the judge if made upon a showing satisfactory to the judge that the child is an expectant mother, that due to 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, 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 unless the child expectant mother is taken into custody 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. The order shall specify that the child expectant mother be held in custody under
s. 48.207 (1).
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(1)(d)8.
8. The child is an expectant mother and 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 due to 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, unless the child expectant mother is taken into custody.
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 not a "person" within the definition of a child under s. 48.02 (2). A court may not order protective custody of a fetus by requiring custody of the mother. State ex rel. Angela M.W. v. Kruzicki,
209 Wis. 2d 112,
561 N.W.2d 729 (1997).
48.193
48.193
Taking an adult expectant mother into custody. 48.193(1)(1) An adult expectant mother of an unborn child may be taken into custody under any of the following:
48.193(1)(c)
(c) An order of the judge if made upon a showing satisfactory to the judge that due to 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, 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 unless the adult expectant mother is taken into custody and 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. The order shall specify that the adult expectant mother be held in custody under
s. 48.207 (1m).
48.193(1)(d)
(d) Circumstances in which a law enforcement officer believes on reasonable grounds that any of the following conditions exists:
48.193(1)(d)1.
1. A capias or warrant for the apprehension of the adult expectant mother has been issued in this state or in another state.
48.193(1)(d)2.
2. 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 due to 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, unless the adult expectant mother is taken into custody.
48.193(1)(d)3.
3. The adult expectant mother has violated the conditions of an order under
s. 48.213 (3) or the conditions of an order for temporary physical custody by an intake worker.
48.193(2)
(2) When an adult expectant mother of an unborn child is taken into physical custody as provided in this section, the person taking the adult expectant mother into custody shall immediately attempt to notify an adult relative or friend of the adult expectant mother by the most practical means. The person taking the adult expectant mother into custody shall continue such attempt until an adult relative or friend is notified, or the adult expectant mother is delivered to an intake worker under
s. 48.203 (2), whichever occurs first. If the adult expectant mother is delivered to the intake worker before an adult relative or friend is notified, the intake worker, or another person at his or her direction, shall continue the attempt to notify until an adult relative or friend of the adult expectant mother is notified.
48.193(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.
48.193 History
History: 1997 a. 292.
48.20
48.20
Release or delivery of child 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(4m)
(4m) If the child is an expectant mother and if the unborn child or child expectant mother is believed to be suffering from a serious physical condition which requires either prompt diagnosis or prompt treatment, the person taking the child expectant mother into physical custody, the intake worker or other appropriate person shall deliver the child expectant mother 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 (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.
