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 that 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)1.
1. Contain the name of the child, and the nature, location, date and time of the hearing.
48.27(4)(a)2.
2. Advise the child of his or her right to legal counsel regardless of ability to pay.
48.27(4)(b)1.
1. Contain the name of the adult expectant mother, and the nature, location, date and time of the hearing.
48.27(4)(b)2.
2. Advise the adult expectant mother of her right to legal counsel regardless of ability to pay.
48.27(5)
(5) Subject to
sub. (3) (b), the court shall make every reasonable effort to identify and notify any person who has filed a declaration of interest under
s. 48.025 and any person who has been adjudged to be the biological father of the child in a judicial proceeding unless the biological father's rights have been terminated.
48.27(6)
(6) When a proceeding is initiated under
s. 48.14, all interested parties shall receive notice and appropriate summons shall be issued in a manner specified by the court, consistent with applicable governing statutes. In addition, if the child who is the subject of the proceeding is in the care of a foster parent, treatment foster parent or other physical custodian described in
s. 48.62 (2), the court shall give the foster parent, treatment foster parent or other physical custodian notice and an opportunity to be heard as provided in
sub. (3) (a).
48.27(8)
(8) When a petition is filed under
s. 48.13 or when a petition involving an expectant mother who is a child is filed under
s. 48.133, the court shall notify, in writing, the child's parents or guardian that they may be ordered to reimburse this state or the county for the costs of legal counsel provided for the child, as provided under
s. 48.275 (2).
48.27(9)
(9) Subsections (1) to
(8) do not apply in any proceeding under
s. 48.375 (7). For proceedings under
s. 48.375 (7), the circuit court shall provide notice only to the minor, her counsel, if any, the member of the clergy who filed the petition on behalf of the minor, if any, and her guardian ad litem, if any. The notice shall contain the title and case number of the proceeding, and the nature, location, date and time of the hearing or other proceeding. Notice to the minor or to the member of the clergy, if any, shall be provided as requested under
s. 48.257 (1) (h) and, after appointment of the minor's counsel, if any, by her counsel.
48.273
48.273
Service of summons or notice; expense. 48.273(1)(1) Service of summons or notice required by
s. 48.27 may be made by mailing a copy thereof to the persons summoned or notified. If the persons fail to appear at the hearing or otherwise to acknowledge service, a continuance shall be granted, except where the court determines otherwise because the child is in secure custody, and service shall be made personally by delivering to the persons a copy of the summons or notice; except that if the court is satisfied that it is impracticable to serve the summons or notice personally, it may make an order providing for the service of the summons or notice by certified mail addressed to the last-known addresses of the persons. The court may refuse to grant a continuance when the child is being held in secure custody, but in such a case the court shall order that service of notice of the next hearing be made personally or by certified mail to the last-known address of the person who failed to appear at the hearing. Personal service shall be made at least 72 hours before the time of the hearing. Mail shall be sent at least 7 days before the time of the hearing, except where the petition is filed under
s. 48.13 and the person to be notified lives outside the state, in which case the mail shall be sent at least 14 days before the time of the hearing.
48.273(2)
(2) Service of summons or notice required by this chapter may be made by any suitable person under the direction of the court.
48.273(3)
(3) The expenses of service of summons or notice or of the publication of summons or notice and the traveling expenses and fees as allowed in
ch. 885 incurred by any person summoned or required to appear at the hearing of any case coming within the jurisdiction of the court under
ss. 48.13 to
48.14, shall be a charge on the county when approved by the court.
48.273(4)(b)
(b) Personal service is required for notice of all proceedings under
s. 48.375 (7), except that, if the minor is not represented by counsel, notice to the minor shall be in the manner and at the place designated in the petition under
s. 48.257 (1) until appointment of the minor's counsel, if any, under
s. 48.375 (7) (a) 1. Notice shall be served immediately for any proceeding under
s. 48.375 (7) unless the minor waives the immediate notice. If the minor waives the immediate notice, the notice shall be served at least 24 hours before the time of the hearing under
s. 48.375 (7) (b) or any other proceeding under
s. 48.375 (7). A minor may, in acknowledging receipt of service of the notice, sign the name "Jane Doe" in lieu of providing the minor's full signature.
48.273(4)(c)
(c) The expenses of service of notice and the travel expenses and fees allowed in
ch. 885 incurred by any person who is required to appear, other than the minor who is named in the petition, in any proceeding under
s. 48.375 (7) shall be paid by the county in which the circuit court that holds the proceeding is located.
48.273 Annotation
Service under this section is applicable to members of an Indian tribe. In Interest of M.L.S.
157 Wis. 2d 26,
458 N.W.2d 541 (Ct. App. 1990).
48.275
48.275
Parents' contribution to cost of court and legal services. 48.275(1)(1) If the court finds a child to be in need of protection or services under
s. 48.13 or an unborn child of an expectant mother who is a child to be in need of protection or services under
s. 48.133, the court shall order the parent of the child to contribute toward the expense of post-adjudication services to the child expectant mother and the child when born the proportion of the total amount which the court finds the parent is able to pay. If the court finds an unborn child of an expectant mother who is an adult to be in need of protection or services under
s. 48.133, the court shall order the adult expectant mother to contribute toward the expense of post-adjudication services to the adult expectant mother and the child when born the proportion of the total amount which the court finds the adult expectant mother is able to pay.
48.275(2)(a)(a) If this state or a county provides legal counsel to a child who is subject to a proceeding under
s. 48.13 or to a child expectant mother who is subject to a proceeding under
s. 48.133, the court shall order the child's parent to reimburse the state or county in accordance with
par. (b) or
(c). If this state or a county provides legal counsel to an adult expectant mother who is subject to a proceeding under
s. 48.133, the court shall order the adult expectant mother to reimburse the state or county in accordance with
par. (b) or
(c). The court may not order reimbursement if a parent is the complaining or petitioning party or if the court finds that the interests of the parent and the interests of the child in the proceeding are substantially and directly adverse and that reimbursement would be unfair to the parent. The court may not order reimbursement until the completion of the proceeding or until the state or county is no longer providing the child or expectant mother with legal counsel in the proceeding.
48.275(2)(b)
(b) If this state provides the child or adult expectant mother with legal counsel and the court orders reimbursement under
par. (a), the child's parent or the adult expectant mother may request the state public defender to determine whether the parent or adult expectant mother is indigent as provided under
s. 977.07 and to determine the amount of reimbursement. If the parent or adult expectant mother is found not to be indigent, the amount of reimbursement shall be the maximum amount established by the public defender board. If the parent or adult expectant mother is found to be indigent in part, the amount of reimbursement shall be the amount of partial payment determined in accordance with the rules of the public defender board under
s. 977.02 (3).
48.275(2)(c)
(c) If the county provides the child or adult expectant mother with legal counsel and the court orders reimbursement under
par. (a), the court shall either make a determination of indigency or shall appoint the county department to make the determination. If the court or the county department finds that the parent or adult expectant mother is not indigent or is indigent in part, the court shall establish the amount of reimbursement and shall order the parent or adult expectant mother to pay it.
48.275(2)(cg)
(cg) The court shall, upon motion by a parent or expectant mother, hold a hearing to review any of the following:
48.275(2)(cg)3.
3. The court's finding, under
par. (a), that the interests of the parent and the child are not substantially and directly adverse and that ordering the payment of reimbursement would not be unfair to the parent.
48.275(2)(cr)
(cr) Following a hearing under
par. (cg), the court may affirm, rescind or modify the reimbursement order.
48.275(2)(d)1.1. In a county having a population of less than 500,000, reimbursement payments shall be made to the clerk of courts of the county where the proceedings took place. Each payment shall be transmitted to the county treasurer, who shall deposit 25% of the amount paid for state-provided counsel in the county treasury and transmit the remainder to the state treasurer. Payments transmitted to the state treasurer shall be deposited in the general fund and credited to the appropriation account under
s. 20.550 (1) (L). The county treasurer shall deposit 100% of the amount paid for county-provided counsel in the county treasury.
48.275(2)(d)2.
2. In a county having a population of 500,000 or more, reimbursement payments shall be made to the clerk of courts of the county where the proceedings took place. Each payment shall be transmitted to the state treasurer, who shall deposit the amount paid in the general fund and credit 25% of the amount paid to the appropriation account under
s. 20.435 (3) (gx) and the remainder to the appropriation account under
s. 20.550 (1) (L).
48.275(2)(dm)
(dm) Within 30 days after each calendar quarter, the clerk of court for each county shall report to the state public defender all of the following:
48.275(2)(dm)1.
1. The total amount of reimbursement determined or ordered under
par. (b) or
(cr) for state-provided counsel during the previous calendar quarter.
48.275(2)(dm)2.
2. The total amount collected under
par. (d) for state-provided counsel during the previous calendar quarter.
48.275(2)(e)
(e) A person who fails to comply with an order under
par. (b) or
(c) may be proceeded against for contempt of court under
ch. 785.
48.275 Annotation
Guardian ad litem fees are not reimbursable under sub.(2) (a). In Interest of G. & L.P.
119 Wis. 2d 349,
349 N.W.2d 743 (Ct. App. 1984).
48.28
48.28
Failure to obey summons; capias. If any person summoned fails without reasonable cause to appear, he or she may be proceeded against for contempt of court. In case the summons cannot be served or the parties served fail to obey the same, or in any case when it appears to the court that the service will be ineffectual a capias may be issued for the parent or guardian or for the child.
Subchapter IV governs the taking and holding of a child in custody.
48.28 History
History: 1977 c. 354 s.
41; Stats. 1977 s. 48.28;
1979 c. 331,
359.
48.28 Annotation
The issuance of a capias to secure the physical attendance of a juvenile prior to the service of the summons and petition on the juvenile was error but did not deny the court personal jurisdiction. Interest of Jermaine T.J.
181 Wis. 2d 82,
510 N.W.2d 735 (Ct. App. 1993).
48.29
48.29
Substitution of judge. 48.29(1)
(1) The child, the child's parent, guardian or legal custodian, the expectant mother or the unborn child by the unborn child's guardian ad litem, either before or during the plea hearing, may file a written request with the clerk of the court or other person acting as the clerk for a substitution of the judge assigned to the proceeding. Upon filing the written request, the filing party shall immediately mail or deliver a copy of the request to the judge named in the request. When any person has the right to request a substitution of judge, that person's counsel or guardian ad litem may file the request. Not more than one such written request may be filed in any one proceeding, nor may any single request name more than one judge. This section does not apply to proceedings under
s. 48.21 or
48.213.
