48.24 Annotation
Sub. (5), when read in conjunction with sub. (3), requires that an intake worker request the district attorney to file a petition and does not require the intake worker to make a recommendation that a petition be filed. Interest of Antonio M.C.
182 Wis. 2d 301,
513 N.W.2d 662 (Ct. App. 1994).
48.24 Annotation
Under sub. (2) (b), a parent is not be required to cooperate, and a refusal to cooperate cannot be used as evidence supporting a CHIPS petition. Sheboygan County Department of Health and Human Services v. Jodell G. 2001 WI App 18,
240 Wis. 2d 516,
625 N.W.2d 307,
00-1618.
48.24 Annotation
The receipt of a phone message calling a county social service agency's attention to specific abuse, combined with specific information about the abuse, which the agency labelled a referral, constituted the "receipt of referral information" under sub. (5) and triggered the time period for requesting that a petition be filed. Sheboygan County Department of Health and Human Services v. Jodell G. 2001 WI App 18,
240 Wis. 2d 516,
625 N.W.2d 307,
00-1618.
48.24 Annotation
Section 805.04 (1), the voluntary dismissal statute, does not apply in a CHIPS proceeding because it is different from and inconsistent with sub. (4), which is construed to provide that a district attorney may withdraw a CHIPS petition only with the approval of the court. Kenneth S. v. Circuit Court for Dane County, 2008 WI App 120, ___ Wis. 2d ___, ___ N.W.2d ___,
08-0147.
48.243
48.243
Basic rights: duty of intake worker. 48.243(1)
(1) Before conferring with the parent, expectant mother or child during the intake inquiry, the intake worker shall personally inform parents, expectant mothers and children 12 years of age or older who are the focus of an inquiry regarding the need for protection or services that the referral may result in a petition to the court and of all of the following:
48.243(1)(b)
(b) The nature and possible consequences of the proceedings.
48.243(1)(c)
(c) The right to remain silent and the fact that silence of any party may be relevant.
48.243(1)(d)
(d) The right to confront and cross-examine those appearing against them.
48.243(1)(f)
(f) The right to present and subpoena witnesses.
48.243(1)(h)
(h) The right to have the allegations of the petition proved by clear and convincing evidence.
48.243(3)
(3) If the child or expectant mother has not had a hearing under
s. 48.21 or
48.213 and was not present at an intake conference under
s. 48.24, the intake worker shall inform the child, parent, guardian and legal custodian, or expectant mother, as appropriate, of the basic rights provided under this section. The notice shall be given verbally, either in person or by telephone, and in writing. This notice shall be given so as to allow the child, parent, guardian, legal custodian or adult expectant mother sufficient time to prepare for the plea hearing. This subsection does not apply to cases of informal disposition under
s. 48.245.
48.243(4)
(4) This section does not apply if the child or expectant mother was present at a hearing under
s. 48.21 or
48.213.
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),
97-0506.
48.245
48.245
Informal disposition. 48.245(1)
(1) An intake worker may enter into a written agreement with all parties that imposes informal disposition under this section if all of the following apply:
48.245(1)(a)
(a) The intake worker has determined that neither the interests of the child or unborn child nor of the public require the filing of a petition for circumstances relating to
ss. 48.13 to
48.14.
48.245(1)(b)
(b) The facts persuade the intake worker that the jurisdiction of the court, if sought, would exist.
48.245(1)(c)
(c) The child, if 12 years of age or over, and the child's parent, guardian, and legal custodian; the parent, guardian, and legal custodian of the child expectant mother and the child expectant mother, if 12 years of age or over; or the adult expectant mother, consent.
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, if 12 years of age or over, 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) The intake worker may, after giving written notice to the child, 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, or after giving written notice to the adult expectant mother and her counsel, if any, extend the informal disposition for up to an additional 6 months unless the parent, guardian, or legal custodian, the child or child expectant mother, if 12 years of age or over, or the adult expectant mother objects to the extension. If the parent, guardian, or legal custodian, the child or child expectant mother, if 12 years of age or over, or the adult expectant mother objects to the extension, the intake worker may request the district attorney or corporation counsel to file a petition 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, if 12 years of age or over, and the child's parent, guardian, and legal custodian, the child expectant mother, if 12 years of age or over, and her parent, guardian, and legal custodian, or the adult expectant mother 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 there is an objection, 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, if 12 years of age or over, or the child's parent, guardian, or legal custodian, upon request of the child expectant mother, if 12 years of age or over, or her parent, guardian, or legal custodian, or upon the request of the adult expectant mother.
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).
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 informal disposition is cancelled, the intake worker shall notify the district attorney, corporation counsel, or other official under
s. 48.09 of the cancellation and may request that a petition be filed. The district attorney, corporation counsel, or other official under
s. 48.09 shall file the petition or close the case within 20 days after the date of the notice. The petition may include information received before the effective date of the informal disposition, as well as information received during the period of the informal disposition, including information indicating that a party has not met the obligations imposed under the informal disposition, to provide a basis for conferring jurisdiction on the court. The court shall grant appropriate relief as provided in
s. 48.315 (3) with respect to any petition that is not filed within the time period specified in this subsection. Failure to object to the fact that a petition is not filed within the time period specified in this subsection waives any objection to the court's competency to act on the petition.
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;
2007 a. 199.
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 request 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 after the date of the referral. If the case is referred back to intake for further investigation, the appropriate agency or person shall complete the investigation within 20 days after the date of the referral. 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 periods of this subsection apply. The time periods in this subsection may only be extended by a court upon a showing of good cause under
s. 48.315. If a petition is not filed within the applicable time period 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 grant appropriate relief as provided in
s. 48.315 (3) with respect to any petition that is not filed within the applicable time period specified in this subsection. Failure to object to the fact that a petition is not filed within the applicable time period specified in this subsection waives any challenge to the court's competency to act on the petition.
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
"Good cause" under sub. (2) is determined by first considering the best interests of the child. Additional factors are whether: 1) the party seeking the enlargement of time has acted in good faith; 2) the opposing party is not prejudiced; and 3) the dilatory party took prompt action to remedy the situation. In Interest of F. E. W.
143 Wis. 2d 856,
422 N.W.2d 893 (Ct. App. 1988).
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),
98-3444.
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(1)(f)
(f) If the child is being held in custody outside of his or her home, reliable and credible information showing that continued placement of the child in his or her home would be contrary to the welfare of the child and, unless any of the circumstances specified in
s. 48.355 (2d) (b) 1. to
5. applies, reliable and credible information showing that the person who took the child into custody and the intake worker have made reasonable efforts to prevent the removal of the child from the home, while assuring that the child's health and safety are the paramount concerns, and to make it possible for the child to return safely home.
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(1m)(f)
(f) If the expectant mother is a child and the child expectant mother is being held in custody outside of her home, reliable and credible information showing that continued placement of the child expectant mother in her home would be contrary to the welfare of the child expectant mother and, unless any of the circumstances specified in
s. 48.355 (2d) (b) 1. to
5. applies, reliable and credible information showing that the person who took the child expectant mother into custody and the intake worker have made reasonable efforts to prevent the removal of the child expectant mother from the home, while assuring that the child expectant mother's health and safety are the paramount concerns, and to make it possible for the child expectant mother to return safely home.
48.255(2)
(2) If any of the facts required under
sub. (1) (a) to
(cm) and
(f) or
(1m) (a) to
(d) and
(f) 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 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.
