48.205(2)
(2) The criteria for holding a child or the expectant mother of an unborn 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 or expectant mother may be held in nonsecure custody. 48.207(1)
(1) A child held in physical custody under
s. 48.205 (1) may be held in any of the following places:
48.207(1)(a)
(a) The home of a parent or guardian, except that a child may not be held in the home of a parent or guardian if the parent or guardian has been convicted under
s. 940.01 of the first-degree intentional homicide, or under
s. 940.05 of the 2nd-degree intentional homicide, of a parent of the child, and the conviction has not been reversed, set aside or vacated, unless the person making the custody decision determines by clear and convincing evidence that the placement would be in the best interests of the child. The person making the custody decision shall consider the wishes of the child in making that determination.
48.207(1)(b)
(b) The home of a relative, except that a child may not be held in the home of a relative if the relative has been convicted under
s. 940.01 of the first-degree intentional homicide, or under
s. 940.05 of the 2nd-degree intentional homicide, of a parent of the child, and the conviction has not been reversed, set aside or vacated, unless the person making the custody decision determines by clear and convincing evidence that the placement would be in the best interests of the child. The person making the custody decision shall consider the wishes of the child in making that determination.
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(1m)
(1m) An adult expectant mother of an unborn child held in physical custody under
s. 48.205 (1m) may be held in any of the following places:
48.207(1m)(a)
(a) The home of an adult relative or friend of the adult expectant mother.
48.207(1m)(b)
(b) A licensed community-based residential facility, as defined in
s. 50.01 (1g), if the placement does not violate the conditions of the license.
48.207(1m)(e)
(e) An approved public treatment facility for emergency treatment if the adult expectant mother is held under
s. 48.203 (5).
48.207(2)(a)(a) If a facility listed in
sub. (1) (b) to
(k) is used to hold a child in custody, or if supervisory services of a home detention program are provided to a child held under
sub. (1) (a), the authorized rate of the facility for the care of the child or the authorized rate for those supervisory services shall be paid by the county in a county having a population of less than 500,000 or by the department in a county having a population of 500,000 or more. If no authorized rate has been established, a reasonable sum to be fixed by the court shall be paid by the county in a county having a population of less than 500,000 or by the department in a county having a population of 500,000 or more for the supervision or care of the child.
48.207(2)(b)
(b) If a facility listed in
sub. (1m) (b) to
(e) is used to hold an expectant mother of an unborn child in custody, or if supervisory services of a home detention program are provided to an expectant mother held under
sub. (1m) (a), the authorized rate of the facility for the care of the expectant mother or the authorized rate for those supervisory services shall be paid by the county in a county having a population of less than 500,000 or by the department in a county having a population of 500,000 or more. If no authorized rate has been established, a reasonable sum to be fixed by the court shall be paid by the county in a county having a population of less than 500,000 or by the department in a county having a population of 500,000 or more for the supervision or care of the expectant mother.
48.207(3)
(3) A child taken into custody under
s. 48.981 may be held in a hospital, foster home, treatment foster home, relative's home or other appropriate medical or child welfare facility which is not used primarily for the detention of delinquent children.
48.208
48.208
Criteria for holding a child in a secure detention facility. A child may be held in a secure detention facility if the intake worker determines that one of the following conditions applies:
48.208(3)
(3) The child consents in writing to being held in order to protect him or her from an imminent physical threat from another and such secure custody is ordered by the judge in a protective order.
48.208(4)
(4) Probable cause exists to believe that the child, having been placed in nonsecure custody by an intake worker under
s. 48.207 (1) or by the judge or juvenile court commissioner under
s. 48.21 (4), has run away or committed a delinquent act and no other suitable alternative exists.
48.208 Annotation
Courts may hold juveniles in contempt of court. Circumstances under which sanction of imprisonment may be imposed are discussed. 70 Atty. Gen. 98.
48.209
48.209
Criteria for holding a child in a county jail. Subject to the provisions of
s. 48.208, a county jail may be used as a secure detention facility if the criteria under either
sub. (1) or
(2) are met:
48.209(1)
(1) There is no other secure detention facility approved by the department of corrections or a county which is available and:
48.209(1)(a)
(a) The jail meets the standards for secure detention facilities established by the department of corrections;
48.209(1)(b)
(b) The child is held in a room separated and removed from incarcerated adults;
48.209(1)(c)
(c) The child is not held in a cell designed for the administrative or disciplinary segregation of adults;
48.209(1)(e)
(e) The judge reviews the status of the child every 3 days.
48.209(2)
(2) The child presents a substantial risk of physical harm to other persons in the secure detention facility, as evidenced by previous acts or attempts, which can only be avoided by transfer to the jail. The provisions of
sub. (1) (a) to
(e) shall be met. The child shall be given a hearing and transferred only upon order of the judge.
48.21
48.21
Hearing for child in custody. 48.21(1)(a)(a) If a child who has been taken into custody is not released under
s. 48.20, a hearing to determine whether the child shall continue to be held in custody under the criteria of
ss. 48.205 to
48.209 shall be conducted by the judge or juvenile court commissioner within 48 hours of the time the decision to hold the child was made, excluding Saturdays, Sundays and legal holidays. By the time of the hearing a petition under
s. 48.25 shall be filed, except that no petition need be filed where a child is taken into custody under
s. 48.19 (1) (b) or
(d) 2. or
7. or where the child is a runaway from another state, in which case a written statement of the reasons for holding a child in custody shall be substituted if the petition is not filed. If no hearing has been held within 48 hours, excluding Saturdays, Sundays and legal holidays, or if no petition or statement has been filed at the time of the hearing, the child shall be released except as provided in
par. (b). A parent not present at the hearing shall be granted a rehearing upon request.
48.21(1)(b)
(b) If no petition has been filed by the time of the hearing, a child may be held in custody with approval of the judge or juvenile court commissioner for an additional 72 hours from the time of the hearing, excluding Saturdays, Sundays and legal holidays, only if, as a result of the facts brought forth at the hearing, the judge or juvenile court commissioner determines that probable cause exists to believe that the child is an imminent danger to himself or herself or to others, that 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 or, if the child is an expectant mother who was taken into custody under
s. 48.19 (1) (cm) or
(d) 8., that probable cause exists to believe that there is a substantial risk that if the child expectant mother is not held, the physical health of the unborn child, and of the child when born, will be seriously affected or endangered by 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, and to believe 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 extension may be granted only once for any petition. In the event of failure to file a petition within the extension period provided for in this paragraph, the judge or juvenile court commissioner shall order the child's immediate release from custody.
48.21(3)
(3) Proceedings concerning children in need of protection or services and unborn children in need of protection or services and their child expectant mothers. 48.21(3)(ag)(ag) Proceedings concerning a child who comes within the jurisdiction of the court under
s. 48.13 or an unborn child and a child expectant mother of the unborn child who come within the jurisdiction of the court under
s. 48.133 shall be conducted according to this subsection.
48.21(3)(am)
(am) The parent, guardian or legal custodian may waive the hearing under this section. Agreement in writing of the child is required if he or she is over 12. After any waiver, a hearing shall be granted at the request of any interested party.
48.21(3)(b)
(b) If present at the hearing, a copy of the petition shall be given to the parent, guardian or legal custodian, and to the child if he or she is 12 years of age or older, before the hearing begins. If the child is an expectant mother who has been taken into custody under
s. 48.19 (1) (cm) or
(d) 8., a copy of the petition shall also be given to the unborn child, through the unborn child's guardian ad litem, before the hearing begins. Prior notice of the hearing shall be given to the child's parent, guardian and legal custodian, to the child if he or she is 12 years of age or older and, if the child is an expectant mother who has been taken into custody under
s. 48.19 (1) (cm) or
(d) 8., to the unborn child, through the unborn child's guardian ad litem, in accordance with
s. 48.20 (8).
48.21(3)(d)
(d) Prior to the commencement of the hearing, the parent, guardian or legal custodian shall be informed by the court of the allegations that have been made or may be made, the nature and possible consequences of this hearing as compared to possible future hearings, the right to confront and cross-examine witnesses and the right to present witnesses.
48.21(3)(e)
(e) If the parent, guardian or legal custodian or the child is not represented by counsel at the hearing and the child is continued in custody as a result of the hearing, the parent, guardian, legal custodian or child may request through counsel subsequently appointed or retained or through a guardian ad litem that the order to hold the child in custody be reheard. If the request is made, a rehearing shall take place as soon as possible. Any order to hold the child in custody shall be subject to rehearing for good cause, whether or not counsel was present.
48.21(3m)
(3m) Parental notice required. If the child has been taken into custody because he or she committed an act which resulted in personal injury or damage to or loss of the property of another, the court, prior to the commencement of any hearing under this section, shall attempt to notify the child's parents of the possibility of disclosure of the identity of the child and the parents, of the child's police records and of the outcome of proceedings against the child for use in civil actions for damages against the child or the parents and of the parents' potential liability for acts of their children. If the court is unable to provide the notice before commencement of the hearing, it shall provide the child's parents with the specified information in writing as soon as possible after the hearing.
48.21(4)
(4) Continuation of custody. If the judge or juvenile court commissioner finds that the child should be continued in custody under the criteria of
s. 48.205, he or she shall enter one of the following orders:
48.21(4)(a)
(a) Place the child with a parent, guardian, legal custodian or other responsible person and may impose reasonable restrictions on the child's travel, association with other persons or places of abode during the period of placement, including a condition requiring the child to return to other custody as requested; or subject the child to the supervision of an agency agreeing to supervise the child. Reasonable restrictions may be placed upon the conduct of the parent, guardian, legal custodian or other responsible person which may be necessary to ensure the safety of the child.
48.21(5)(a)(a) All orders to hold in custody shall be in writing, listing the reasons and criteria forming the basis for the decision.
48.21(5)(b)
(b) An order relating to a child held in custody outside of his or her home shall also describe any efforts that were made to permit the child to remain safely at home and the services that are needed to ensure the child's well-being, to enable the child to return safely to his or her home and to involve the parents in planning for the child.
48.21(6)
(6) Amendment of order. An order placing a child under
sub. (4) (a) on conditions specified in this section may at any time be amended, with notice, so as to place the child in another form of custody for failure to conform to the conditions originally imposed. A child may be transferred to secure custody if he or she meets the criteria of
s. 48.208.
48.21(7)
(7) Informal disposition. If the judge or juvenile court commissioner determines that the best interests of the child and the public are served or, in the case of a child expectant mother who has been taken into custody under
s. 48.19 (1) (cm) or
(d) 8., that the best interests of the unborn child and the public are served, he or she may enter a consent decree under
s. 48.32 or order the petition dismissed and refer the matter to the intake worker for informal disposition in accordance with
s. 48.245.
48.21 Annotation
The period under sub. (1) (a) runs from the time the intake worker decides to hold the child. Curtis W. v. State,
192 Wis. 2d 719,
531 N.W.2d 633 (Ct. App. 1995).
48.213
48.213
Hearing for adult expectant mother in custody. 48.213(1)(a)(a) If an adult expectant mother of an unborn child who has been taken into custody is not released under
s. 48.203, a hearing to determine whether the adult expectant mother shall continue to be held in custody under the criteria of
s. 48.205 (1m) shall be conducted by the judge or juvenile court commissioner within 48 hours after the time that the decision to hold the adult expectant mother was made, excluding Saturdays, Sundays and legal holidays. By the time of the hearing a petition under
s. 48.25 shall be filed, except that no petition need be filed when an adult expectant mother is taken into custody under
s. 48.193 (1) (b) or
(d) 1. or
3., in which case a written statement of the reasons for holding the adult expectant mother in custody shall be substituted if the petition is not filed. If no hearing has been held within those 48 hours, excluding Saturdays, Sundays and legal holidays, or if no petition or statement has been filed at the time of the hearing, the adult expectant mother shall be released except as provided in
par. (b).
48.213(1)(b)
(b) If no petition has been filed by the time of the hearing, an adult expectant mother of an unborn child may be held in custody with the approval of the judge or juvenile court commissioner for an additional 72 hours after the time of the hearing, excluding Saturdays, Sundays and legal holidays, only if, as a result of the facts brought forth at the hearing, the judge or juvenile court commissioner determines that probable cause exists to believe that there is a substantial risk that if the adult expectant mother is not held, the physical health of the unborn child, and of the child when born, will be seriously affected or endangered by 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, and to believe 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 extension may be granted only once for any petition. In the event of failure to file a petition within the extension period provided for in this paragraph, the judge or juvenile court commissioner shall order the adult expectant mother's immediate release from custody.
48.213(2)
(2) Proceedings concerning unborn children in need of protection or services and their adult expectant mothers. 48.213(2)(a)(a) Proceedings concerning an unborn child and an adult expectant mother of the unborn child who come within the jurisdiction of the court under
s. 48.133 shall be conducted according to this subsection.
48.213(2)(b)
(b) The adult expectant mother may waive the hearing under this section. After any waiver, a hearing shall be granted at the request of any interested party.
48.213(2)(c)
(c) A copy of the petition shall be given to the adult expectant mother, and to the unborn child, through the unborn child's guardian ad litem, before the hearing begins. Prior notice of the hearing shall be given to the adult expectant mother and unborn child in accordance with
s. 48.203 (7).
48.213(2)(d)
(d) Prior to the commencement of the hearing, the adult expectant mother and the unborn child, through the unborn child's guardian ad litem, shall be informed by the court of the allegations that have been made or may be made, the nature and possible consequences of this hearing as compared to possible future hearings, the right to confront and cross-examine witnesses and the right to present witnesses.
48.213(2)(e)
(e) If the adult expectant mother is not represented by counsel at the hearing and the adult expectant mother is continued in custody as a result of the hearing, the adult expectant mother may request through counsel subsequently appointed or retained or through a guardian ad litem that the order to hold the adult expectant mother in custody be reheard. If the request is made, a rehearing shall take place as soon as possible. Any order to hold the adult expectant mother in custody shall be subject to rehearing for good cause, whether or not counsel was present.
48.213(3)
(3) Continuation of custody. If the judge or juvenile court commissioner finds that the adult expectant mother should be continued in custody under the criteria of
s. 48.205 (1m), the judge or juvenile court commissioner shall enter one of the following orders:
48.213(3)(a)
(a) Release the adult expectant mother and impose reasonable restrictions on the adult expectant mother's travel, association with other persons or places of abode during the period of the order, including a condition requiring the adult expectant mother to return to other custody as requested; or subject the adult expectant mother to the supervision of an agency agreeing to supervise the adult expectant mother. Reasonable restrictions may be placed upon the conduct of the adult expectant mother which may be necessary to ensure the safety of the unborn child and of the child when born.
48.213(4)
(4) Orders in writing. All orders to hold an adult expectant mother of an unborn child in custody shall be in writing, listing the reasons and criteria forming the basis for the decision.
48.213(5)
(5) Amendment of order. An order under
sub. (3) (a) imposing restrictions on an adult expectant mother of an unborn child may at any time be amended, with notice, so as to place the adult expectant mother in another form of custody for failure of the adult expectant mother to conform to the conditions originally imposed.
48.213(6)
(6) Informal disposition. If the judge or juvenile court commissioner determines that the best interests of the unborn child and the public are served, the judge or juvenile court commissioner may enter a consent decree under
s. 48.32 or order the petition dismissed and refer the matter to the intake worker for informal disposition in accordance with
s. 48.245.
48.213 History
History: 1997 a. 292.
48.215
48.215
Mother-young child care program. Sections 48.19 to
48.21 do not apply to children participating in the mother-young child care program under
s. 301.049.
48.215 History
History: 1991 a. 39.
48.227(1)(1) Nothing contained in this section prohibits a home licensed under
s. 48.48 or
48.75 from providing housing and services to a runaway child with the consent of the child and the consent of the child's parent, guardian or legal custodian, under the supervision of a county department, a child welfare agency or the department. When the parent, guardian or legal custodian and the child both consent to the provision of these services and the child has not been taken into custody, no hearing as described in this section is required.
48.227(2)
(2) Any person who operates a home under
sub. (1) and licensed under
s. 48.48 or
48.75, when engaged in sheltering a runaway child without the consent of the child's parent, guardian or legal custodian, shall notify the intake worker of the presence of the child in the home within 12 hours. The intake worker shall notify the parent, guardian and legal custodian as soon as possible of the child's presence in that home. A hearing shall be held under
sub. (4). The child shall not be removed from the home except with the approval of the court under
sub. (4). This subsection does not prohibit the parent, guardian or legal custodian from conferring with the child or the person operating the home.
48.227(3)
(3) For runaway children who have been taken into custody and then released, the judge may, with the agreement of the persons operating the homes, designate homes licensed under
ss. 48.48 and
48.75 as places for the temporary care and housing of such children. If the parent, guardian or legal custodian refuses to consent, the person taking the child into custody or the intake worker may release the child to one of the homes designated under this section; however, a hearing shall be held under
sub. (4). The child shall not be removed from the home except with the approval of the court under
sub. (4). This subsection does not prohibit the parent, guardian, or legal custodian from conferring with the child or the person operating the home.
48.227(4)(a)(a) If the child's parent, guardian or legal custodian does not consent to the temporary care and housing of the child at the runaway home as provided under
sub. (2) or
(3), a hearing shall be held on the issue by the judge or juvenile court commissioner within 24 hours of the time that the child entered the runaway home, excluding Saturdays, Sundays and legal holidays. The intake worker shall notify the child and the child's parent, guardian or legal custodian of the time, place and purpose of the hearing.
48.227(4)(c)
(c) For the purposes of this section, the court has jurisdiction over a runaway child only to the extent that it may hold the hearings and make the orders provided in this section.
