48.243 Annotation
A CHIPS proceeding is not a criminal proceeding within the meaning of the 5th amendment. Miranda warnings are not required to be given to the CHIPS petition subject, even though the individual is in custody and subject to interrogation, in order for the subject's statements to be admissible. State v. Thomas J.W.
213 Wis. 2d 264,
570 N.W.2d 586 (Ct. App. 1997)
48.245
48.245
Informal disposition. 48.245(1)
(1) The intake worker may enter into a written agreement with all parties which imposes informal disposition under this section if the intake worker has determined that neither the interests of the child or unborn child nor of the public require filing of a petition for circumstances relating to
ss. 48.13 to
48.14. Informal disposition shall be available only if the facts persuade the intake worker that the jurisdiction of the court, if sought, would exist and upon consent of the child, parent, guardian and legal custodian; or upon consent of the child expectant mother, her parent, guardian and legal custodian and the unborn child, by the unborn child's guardian ad litem; or upon consent of the adult expectant mother and the unborn child, by the unborn child's guardian ad litem.
48.245(2)(a)(a) Informal disposition may provide for any one or more of the following:
48.245(2)(a)1.
1. That the child appear with a parent, guardian or legal custodian for counseling and advice or that the adult expectant mother appear for counseling and advice.
48.245(2)(a)2.
2. That the child and a parent, guardian and legal custodian abide by such obligations as will tend to ensure the rehabilitation, protection or care of the child or that the expectant mother abide by such obligations as will tend to ensure the protection or care of the unborn child and the rehabilitation of the expectant mother.
48.245(2)(a)3.
3. That the child or expectant mother submit to an alcohol and other drug abuse assessment that conforms to the criteria specified under
s. 48.547 (4) and that is conducted by an approved treatment facility for an examination of the use of alcohol beverages, controlled substances or controlled substance analogs by the child or expectant mother and any medical, personal, family or social effects caused by its use, if the multidisciplinary screen conducted under
s. 48.24 (2) shows that the child or expectant mother is at risk of having needs and problems related to the use of alcohol beverages, controlled substances or controlled substance analogs and its medical, personal, family or social effects.
48.245(2)(a)4.
4. That the child or expectant mother participate in an alcohol and other drug abuse outpatient treatment program or an education program relating to the abuse of alcohol beverages, controlled substances or controlled substance analogs, if an alcohol and other drug abuse assessment conducted under
subd. 3. recommends outpatient treatment or education.
48.245(2)(b)
(b) Informal disposition may not include any form of residential placement and may not exceed 6 months, except as provided under
sub. (2r).
48.245(2)(c)
(c) If the informal disposition provides for alcohol and other drug abuse outpatient treatment under
par. (a) 4., the child and the child's parent, guardian or legal custodian, or the adult expectant mother, shall execute an informed consent form that indicates that they are, or that she is, voluntarily and knowingly entering into an informal disposition agreement for the provision of alcohol and other drug abuse outpatient treatment.
48.245(2r)
(2r) If an informal disposition is based on allegations that a child or an unborn child is in need of protection or services, the intake worker may, after giving written notice to the child and the child's parent, guardian and legal custodian and their counsel, if any, or after giving written notice to the child expectant mother, her parent, guardian and legal custodian and their counsel, if any, and the unborn child by the unborn child's guardian ad litem, or after giving written notice to the adult expectant mother, her counsel, if any, and the unborn child, by the unborn child's guardian ad litem, extend the informal disposition for up to an additional 6 months unless the child or the child's parent, guardian or legal custodian, the child expectant mother, her parent, guardian or legal custodian or the unborn child by the unborn child's guardian ad litem, or the adult expectant mother or the unborn child by the unborn child's guardian ad litem, objects to the extension. If the child or the child's parent, guardian or legal custodian, the child expectant mother, her parent, guardian or legal custodian or the unborn child by the unborn child's guardian ad litem, or the adult expectant mother or the unborn child by the unborn child's guardian ad litem, objects to the extension, the intake worker may recommend to the district attorney or corporation counsel that a petition be filed under
s. 48.13 or
48.133. An extension under this subsection may be granted only once for any informal disposition. An extension under this subsection of an informal disposition relating to an unborn child who is alleged to be in need of protection or services may be granted after the child is born.
48.245(3)
(3) The obligations imposed under an informal disposition and its effective date shall be set forth in writing. The child and a parent, guardian and legal custodian, the child expectant mother, her parent, guardian and legal custodian and the unborn child by the unborn child's guardian ad litem, or the adult expectant mother and the unborn child by the unborn child's guardian ad litem, shall receive a copy, as shall any agency providing services under the agreement.
48.245(4)
(4) The intake worker shall inform the child and the child's parent, guardian and legal custodian, the child expectant mother, her parent, guardian and legal custodian and the unborn child by the unborn child's guardian ad litem, or the adult expectant mother and the unborn child by the unborn child's guardian ad litem, in writing of their right to terminate the informal disposition at any time or object at any time to the fact or terms of the informal disposition. If an objection arises the intake worker may alter the terms of the agreement or request the district attorney or corporation counsel to file a petition. If the informal disposition is terminated the intake worker may request the district attorney or corporation counsel to file a petition.
48.245(5)
(5) Informal disposition shall be terminated upon the request of the child, parent, guardian or legal custodian, upon request of the child expectant mother, her parent, guardian or legal custodian or the unborn child by the unborn child's guardian ad litem, or upon the request of the adult expectant mother or the unborn child by the unborn child's guardian ad litem.
48.245(5m)
(5m) An informal disposition is terminated if the district attorney or corporation counsel files a petition within 20 days after receipt of notice of the informal disposition under
s. 48.24 (5). In such case statements made to the intake worker during the intake inquiry are inadmissible.
48.245(7)
(7) If at any time during the period of informal disposition the intake worker determines that the obligations imposed under it are not being met, the intake worker may cancel the informal disposition. Within 10 days after the cancellation of the informal disposition, the intake worker shall notify the district attorney, corporation counsel or other official under
s. 48.09 of the cancellation and request that a petition be filed. The judge shall dismiss with prejudice any petition which is not filed within the time limit specified in this subsection.
48.245(8)
(8) If the obligations imposed under the informal disposition are met, the intake worker shall so inform the child and a parent, guardian and legal custodian, the child expectant mother, her parent, guardian and legal custodian and the unborn child by the unborn child's guardian ad litem, or the adult expectant mother and the unborn child by the unborn child's guardian ad litem, in writing, and no petition may be filed on the charges that brought about the informal disposition nor may the charges be the sole basis for a petition under
ss. 48.13 to
48.14.
48.245(9)
(9) The intake worker shall perform his or her responsibilities under this section under general written policies which the judge shall promulgate under
s. 48.06 (1) or
(2).
48.245 History
History: 1977 c. 354;
1979 c. 300,
331,
359;
1985 a. 311;
1987 a. 27,
285,
339,
403;
1991 a. 213,
253,
315;
1993 a. 98;
1995 a. 24,
77,
275,
448;
1997 a. 80,
292.
48.25
48.25
Petition: authorization to file. 48.25(1)
(1) A petition initiating proceedings under this chapter shall be signed by a person who has knowledge of the facts alleged or is informed of them and believes them to be true. The district attorney, corporation counsel or other appropriate official specified under
s. 48.09 may file the petition if the proceeding is under
s. 48.13 or
48.133. The counsel or guardian ad litem for a parent, relative, guardian or child may file a petition under
s. 48.13 or
48.14. The counsel or guardian ad litem for an expectant mother or the guardian ad litem for an unborn child may file a petition under
s. 48.133. The district attorney, corporation counsel or other appropriate person designated by the court may initiate proceedings under
s. 48.14 in a manner specified by the court.
48.25(2)
(2) If the proceeding is brought under
s. 48.13 or
48.133, the district attorney, corporation counsel or other appropriate official shall file the petition, close the case, or refer the case back to intake within 20 days after the date that the intake worker's recommendation was filed. A referral back to intake may be made only when the district attorney, corporation counsel or other appropriate official decides not to file a petition or determines that further investigation is necessary. If the case is referred back to intake upon a decision not to file a petition, the intake worker shall close the case or enter into an informal disposition within 20 days. If the case is referred back to intake for further investigation, the appropriate agency or person shall complete the investigation within 20 days. If another referral is made to the district attorney, corporation counsel or other appropriate official, it shall be considered a new referral to which the time limits of this subsection shall apply. The time limits in this subsection may only be extended by a judge upon a showing of good cause under
s. 48.315. If a petition is not filed within the time limitations set forth in this subsection and the court has not granted an extension, the petition shall be accompanied by a statement of reasons for the delay. The court shall dismiss with prejudice a petition which was not timely filed unless the court finds at the plea hearing that good cause has been shown for failure to meet the time limitations.
48.25(3)
(3) If the district attorney, corporation counsel or other appropriate official specified in
s. 48.09 refuses to file a petition, any person may request the judge to order that the petition be filed and a hearing shall be held on the request. The judge may order the filing of the petition on his or her own motion. The matter may not be heard by the judge who orders the filing of a petition.
48.25(6)
(6) If a proceeding is brought under
s. 48.13, any party to or any governmental or social agency involved in the proceeding may petition the court to issue a temporary restraining order and injunction as provided in
s. 813.122 or
813.125. The court exercising jurisdiction under this chapter shall follow the procedure under
s. 813.122 or
813.125 except that the court may combine hearings authorized under
s. 813.122 or
813.125 and this chapter, the petitioner for the temporary restraining order and injunction is not subject to the limitations under
s. 813.122 (2) or
813.125 (2) and no fee is required regarding the filing of the petition under
s. 813.122 or
813.125.
48.25 Annotation
If the state fails to comply with the mandatory filing procedures pursuant to sub. (2), the petition must be dismissed with prejudice. In Interest of C.A.K.
154 Wis. 2d 612,
453 N.W.2d 897 (1990).
48.25 Annotation
In a case referred by the district attorney of one county to another county, each district attorney had 20 days under sub. (2) to act following the respective referrals by the intake workers of each county. State v. Everett,
231 Wis. 2d 616,
605 N.W.2d 633 (Ct. App. 1999).
48.255
48.255
Petition; form and content. 48.255(1)
(1) A petition initiating proceedings under this chapter, other than a petition under
s. 48.133, shall be entitled, "In the interest of (child's name), a person under the age of 18'' and shall set forth with specificity:
48.255(1)(a)
(a) The name, birth date and address of the child.
48.255(1)(b)
(b) The names and addresses of the child's parent, guardian, legal custodian or spouse, if any; or if no such person can be identified, the name and address of the nearest relative.
48.255(1)(c)
(c) Whether the child is in custody, and, if so, the place where the child is being held and the time he or she was taken into custody unless there is reasonable cause to believe that such disclosure would result in imminent danger to the child or physical custodian.
48.255(1)(e)
(e) If the child is alleged to come within the provisions of
s. 48.13 or
48.14, reliable and credible information which forms the basis of the allegations necessary to invoke the jurisdiction of the court and to provide reasonable notice of the conduct or circumstances to be considered by the court together with a statement that the child is in need of supervision, services, care or rehabilitation.
48.255(1m)
(1m) A petition initiating proceedings under
s. 48.133 shall be entitled "In the interest of (J. Doe), an unborn child, and (expectant mother's name), the unborn child's expectant mother" and shall set forth with specificity:
48.255(1m)(a)
(a) The estimated gestational age of the unborn child.
48.255(1m)(b)
(b) The name, birth date and address of the expectant mother.
48.255(1m)(bm)
(bm) The names and addresses of the parent, guardian, legal custodian or spouse, if any, of the expectant mother, if the expectant mother is a child, the name and address of the spouse, if any, of the expectant mother, if the expectant mother is an adult, or, if no such person can be identified, the name and address of the nearest relative of the expectant mother.
48.255(1m)(c)
(c) Whether the expectant mother is in custody and, if so, the place where the expectant mother is being held and the time when the expectant mother was taken into custody unless there is reasonable cause to believe that disclosure of that information would result in imminent danger to the unborn child, expectant mother or physical custodian.
48.255(1m)(e)
(e) Reliable and credible information which forms the basis of the allegations necessary to invoke the jurisdiction of the court under
s. 48.133 and to provide reasonable notice of the conduct or circumstances to be considered by the court, together with a statement that the unborn child is in need of protection or care and that the expectant mother is in need of supervision, services, care or rehabilitation.
48.255(2)
(2) If any of the facts required under
sub. (1) (a) to
(cm) or
(1m) (a) to
(d) are not known or cannot be ascertained by the petitioner, the petition shall so state.
48.255(4)
(4) A copy of a petition under
sub. (1) shall be given to the child if the child is 12 years of age or over and to the parents, guardian, legal custodian and physical custodian. A copy of a petition under
sub. (1m) shall be given to the child expectant mother, if 12 years of age or over, her parents, guardian, legal custodian and physical custodian and the unborn child by the unborn child's guardian ad litem or to the adult expectant mother, the unborn child through the unborn child's guardian ad litem and the physical custodian of the expectant mother, if any. A copy of a petition under
sub. (1) or
(1m) shall also be given to the tribe or band with which the child is affiliated or with which the unborn child may be eligible for affiliation when born, if the child is an Indian child or the unborn child may be an Indian child when born.
48.255 Annotation
A CHIPS petition that alleged that a child was the victim of sexual abuse, but contained no information giving rise to an inference that there was something the court could do for the child which was not already being provided, was insufficient. Interest of Courtney E.
184 Wis. 2d 592,
516 N.W.2d 422 (1994).
48.257
48.257
Petition to initiate a procedure to waive parental consent prior to a minor's abortion. 48.257(1)
(1) A petition to initiate a proceeding under
s. 48.375 (7) shall be entitled, "In the interest of `Jane Doe', a person under the age of 18", and shall set forth with specificity:
48.257(1)(a)
(a) The name "Jane Doe" and the minor's date of birth.
48.257(1)(b)
(b) A statement that the minor is pregnant and the estimated gestational age of the fetus at the time that the petition is filed, and a statement that the minor is seeking an abortion.
48.257(1)(c)
(c) The name and address of the person who intends to perform or induce the abortion, if known. If that person is not known, the name and address of the clinic or other medical facility that intends to perform or induce the abortion, if known.
48.257(1)(e)
(e) A statement alleging that the minor is mature and well-informed enough to make her own decision on whether or not to have an abortion and facts sufficient to establish that the minor is mature enough and well-informed enough to make her own decision.
48.257(1)(f)
(f) A statement alleging that, if the circuit court does not find that the minor is mature enough and well-informed enough to make her own decision, the circuit court should find that having an abortion is in the minor's best interest and facts sufficient to establish that an abortion is in the minor's best interest.
48.257(1)(g)
(g) A statement acknowledging that the minor has been fully informed of the risks and consequences of abortion and the risks and consequences of carrying the pregnancy to term.
48.257(1)(h)
(h) If the minor is not represented by counsel, the place where and the manner in which the minor wishes to be notified of proceedings under
s. 48.375 (7) until appointment of counsel under
s. 48.375 (7) (a) 1. If the petition is filed by a member of the clergy on behalf of the minor, the place where and manner in which the member of the clergy wishes to be notified of proceedings under
s. 48.375 (7).
48.257(2)
(2) The director of state courts shall provide simplified forms for use in filing a petition under this section to the clerk of circuit court in each county.
48.257(3)
(3) The minor who is seeking the abortion shall sign the name "Jane Doe" on the petition to initiate a proceeding under
s. 48.375 (7). No other person may be required to sign the petition.
48.257(4)
(4) The clerk of circuit court shall give a copy of the petition to the minor or to the member of the clergy who files a petition on behalf of the minor, if any.
48.257(5)
(5) The minor, or the intake worker under
s. 48.067 (7m), shall file the completed petition under this section with the clerk of circuit court.
48.257(6)
(6) No filing fee may be charged for a petition under this section.
48.257 History
History: 1991 a. 263,
315.
48.263
48.263
Amendment of petition. 48.263(1)
(1) Except as provided in
s. 48.255 (3), no petition, process or other proceeding may be dismissed or reversed for any error or mistake if the case and the identity of the child or expectant mother named in the petition may be readily understood by the court; and the court may order an amendment curing the defects.
48.263(2)
(2) With reasonable notification to the interested parties and prior to the taking of a plea under
s. 48.30, the petition may be amended at the discretion of the court or person who filed the petition. After the taking of a plea, the petition may be amended provided any objecting party is allowed a continuance for a reasonable time.
48.27
48.27
Notice; summons. 48.27(1)(a)(a) After a petition has been filed relating to facts concerning a situation specified under
s. 48.13 or a situation specified in
s. 48.133 involving an expectant mother who is a child, unless the parties under
sub. (3) voluntarily appear, the court may issue a summons requiring the person who has legal custody of the child to appear personally, and, if the court so orders, to bring the child before the court at a time and place stated.
48.27(1)(b)
(b) After a petition has been filed relating to facts concerning a situation specified under
s. 48.133 involving an expectant mother who is an adult, unless the adult expectant mother voluntarily appears, the court may issue a summons requiring the adult expectant mother to appear personally before the court at a time and place stated.
48.27(2)
(2) Summons may be issued requiring the appearance of any other person whose presence, in the opinion of the court, is necessary.
48.27(3)(a)1.1. If the petition that was filed relates to facts concerning a situation under
s. 48.13 or a situation under
s. 48.133 involving an expectant mother who is a child, the court shall also notify, under
s. 48.273, the child, any parent, guardian and legal custodian of the child, any foster parent, treatment foster parent or other physical custodian described in
s. 48.62 (2) of the child, the unborn child by the unborn child's guardian ad litem, if applicable, and any person specified in
par. (b),
(d) or
(e), if applicable, of all hearings involving the child except hearings on motions for which notice need only be provided to the child and his or her counsel. When parents who are entitled to notice have the same place of residence, notice to one shall constitute notice to the other. The first notice to any interested party, foster parent, treatment foster parent or other physical custodian described in
s. 48.62 (2) shall be written and may have a copy of the petition attached to it. Thereafter, notice of hearings may be given by telephone at least 72 hours before the time of the hearing. The person giving telephone notice shall place in the case file a signed statement of the time notice was given and the person to whom he or she spoke.
48.27(3)(a)1m.
1m. The court shall give a foster parent, treatment foster parent or other physical custodian described in
s. 48.62 (2) who is notified of a hearing under
subd. 1. an opportunity to be heard at the hearing by permitting the foster parent, treatment foster parent or other physical custodian to make a written or oral statement during the hearing, or to submit a written statement prior to the hearing, relevant to the issues to be determined at the hearing. A foster parent, treatment foster parent or other physical custodian described in
s. 48.62 (2) who receives a notice of a hearing under
subd. 1. and an opportunity to be heard under this subdivision does not become a party to the proceeding on which the hearing is held solely on the basis of receiving that notice and opportunity to be heard.
48.27(3)(a)2.
2. Failure to give notice under
subd. 1. to a foster parent, treatment foster parent or other physical custodian described in
s. 48.62 (2) does not deprive the court of jurisdiction in the action or proceeding. If a foster parent, treatment foster parent or other physical custodian described in
s. 48.62 (2) is not given notice of a hearing under
subd. 1., that person may request a rehearing on the matter during the pendency of an order resulting from the hearing. If the request is made, the court shall order a rehearing.
48.27(3)(b)1.1. Except as provided in
subd. 2., if the petition that was filed relates to facts concerning a situation under
s. 48.13 or a situation under
s. 48.133 involving an expectant mother who is a child and if the child is a nonmarital child who is not adopted or whose parents do not subsequently intermarry as provided under
s. 767.60 and if paternity has not been established, the court shall notify, under
s. 48.273, all of the following persons:
48.27(3)(b)1.b.
b. A person alleged to the court to be the father of the child or who may, based on the statements of the mother or other information presented to the court, be the father of the child.
48.27(3)(b)2.
2. A court is not required to provide notice, under
subd. 1., to any person who may be the father of a child conceived as a result of a sexual assault if a physician attests to his or her belief that there was a sexual assault of the child's mother that may have resulted in the child's conception.
48.27(3)(c)
(c) If the petition that was filed relates to facts concerning a situation under
s. 48.133 involving an expectant mother who is an adult, the court shall notify, under
s. 48.273, the unborn child by the unborn child's guardian ad litem, the expectant mother, the physical custodian of the expectant mother, if any, and any person specified in
par. (d), if applicable, of all hearings involving the unborn child and expectant mother except hearings on motions for which notice need only be provided to the expectant mother and her counsel and the unborn child through the unborn child's guardian ad litem. The first notice to any interested party shall be written and may have a copy of the petition attached to it. Thereafter, notice of hearings may be given by telephone at least 72 hours before the time of the hearing. The person giving telephone notice shall place in the case file a signed statement of the time notice was given and the person to whom he or she spoke.
48.27(3)(d)
(d) If the petition that was filed relates to facts concerning a situation under
s. 48.133 concerning an unborn child who, when born, will be an Indian child, the court shall notify, under
s. 48.273, the tribe or band with which the unborn child will be affiliated when born and that tribe or band may, at the court's discretion, intervene in the proceeding before the unborn child is born.
48.27(3)(e)
(e) If the petition that was filed relates to facts concerning a situation under
s. 48.13, the court shall also notify, under
s. 48.273, the court-appointed special advocate for the child of all hearings involving the child. The first notice to a court-appointed special advocate shall be written and shall have a copy of the petition attached to it. Thereafter, notice of hearings may be given by telephone at least 72 hours before the time of the hearing. The person giving telephone notice shall place in the case file a signed statement of the time that notice was given and the person to whom he or she spoke.
48.27(4)(a)(a) A notice under sub (3) (a) or (b) shall:
