48.195(2)(d)5.
5. The child's foster parent or other person having physical custody of the child.
48.195(2)(d)6.
6. A court conducting proceedings under
s. 48.21, proceedings relating to a petition under
s. 48.13 (2m) or
48.42, or dispositional proceedings under
subch. VI or
VIII relating to the child, the county corporation counsel, district attorney, or agency legal counsel representing the interests of the public in those proceedings, or the guardian ad litem representing the interests of the child in those proceedings.
48.195(2)(d)7.
7. A tribal court, or other adjudicative body authorized by an Indian tribe to perform child welfare functions, that is exercising jurisdiction over proceedings relating to the child, an attorney representing the interests of the Indian tribe in those proceedings, or an attorney representing the interests of the child in those proceedings.
48.195(3)(a)(a) Subject to
par. (b), a law enforcement officer, emergency medical technician, or hospital staff member who takes a child into custody under
sub. (1) shall make available to the parent who relinquishes custody of the child the maternal and child health toll-free telephone number maintained by the department under
42 USC 705 (a) (5) (E).
48.195(3)(b)
(b) The decision whether to accept the information made available under
par. (a) is entirely voluntary on the part of the parent. No person may induce or coerce or attempt to induce or coerce any parent into accepting that information.
48.195(4)(a)(a) Any parent who relinquishes custody of his or her child under
sub. (1) and any person who assists the parent in that relinquishment are immune from any civil or criminal liability for any good faith act or omission in connection with that relinquishment. The immunity granted under this paragraph includes immunity for exercising the right to remain anonymous under
sub. (2) (a), the right to leave at any time under
sub. (2) (b), and the right not to accept any information under
sub. (3) (b) and immunity from prosecution under
s. 948.20 for abandonment of a child or under
s. 948.21 for neglecting a child.
48.195(4)(b)
(b) Any law enforcement officer, emergency medical technician, or hospital staff member who takes a child into custody under
sub. (1) is immune from any civil liability to the child's parents, or any criminal liability for any good faith act or omission occurring solely in connection with the act of receiving custody of the child from the child's parents, but is not immune from any civil or criminal liability for any act or omission occurring in subsequently providing care for the child.
48.195(4)(c)
(c) In any civil or criminal proceeding, the good faith of a person specified in
par. (a) or
(b) is presumed. This presumption may be overcome only by clear and convincing evidence.
48.195(5)
(5) Medical assistance eligibility. A child who is taken into custody under
sub. (1) is presumed to be eligible for medical assistance under
s. 49.46 or
49.47.
48.195(6)
(6) Rules. The department shall promulgate rules to implement this section. In promulgating those rules, the department shall consider the different circumstances under which a parent might relinquish custody of a child under
sub. (1). The rules shall include rules prescribing a means by which a parent who relinquishes custody of his or her child under
sub. (1) may, until the granting of an order terminating parental rights, choose to be identified as the child's parent.
48.195 History
History: 2001 a. 2;
2009 a. 28,
94,
185.
48.195 Cross-reference
Cross-reference: See also ch.
DCF 39, Wis. adm. code.
48.20
48.20
Release or delivery of child from custody. 48.20(2)(ag)(ag) Except as provided in
pars. (b) to
(d), a person taking a child into custody shall make every effort to release the child immediately to the child's parent, guardian, legal custodian, or Indian custodian.
48.20(2)(b)
(b) If the child's parent, guardian, legal custodian, or Indian custodian is unavailable, unwilling, or unable to provide supervision for the child, the person who took the child into custody may release the child to a responsible adult after counseling or warning the child as may be appropriate.
48.20(2)(c)
(c) If the child is 15 years of age or older, the person who took the child into custody may release the child without immediate adult supervision after counseling or warning the child as may be appropriate.
48.20(2)(d)
(d) If the child is a runaway, the person who took the child into custody may release the child to a home authorized under
s. 48.227.
48.20(3)
(3) If the child is released under
sub. (2) (b) to
(d), the person who took the child into custody shall immediately notify the child's parent, guardian, legal custodian, and Indian custodian of the time and circumstances of the release and the person, if any, to whom the child was released. If the child is not released under
sub. (2), the person who took the child into custody shall arrange in a manner determined by the court and law enforcement agencies for the child to be interviewed by the intake worker under
s. 48.067 (2). The person who took the child into custody shall make a statement in writing with supporting facts of the reasons why the child was taken into physical custody and shall give a copy of the statement to the intake worker and to any child 12 years of age or older. If the intake interview is not done in person, the report may be read to the intake worker.
48.20(4)
(4) If the child is believed to be suffering from a serious physical condition which requires either prompt diagnosis or prompt treatment, the person taking the child into physical custody, the intake worker or other appropriate person shall deliver the child to a hospital as defined in
s. 50.33 (2) (a) and
(c) or physician's office.
48.20(4m)
(4m) If the child is an expectant mother and if the unborn child or child expectant mother is believed to be suffering from a serious physical condition which requires either prompt diagnosis or prompt treatment, the person taking the child expectant mother into physical custody, the intake worker or other appropriate person shall deliver the child expectant mother to a hospital as defined in
s. 50.33 (2) (a) and
(c) or physician's office.
48.20(5)
(5) If the child is believed to be mentally ill, drug dependent or developmentally disabled, and exhibits conduct which constitutes a substantial probability of physical harm to the child or to others, or a very substantial probability of physical impairment or injury to the child exists due to the impaired judgment of the child, and the standards of
s. 51.15 are met, the person taking the child into physical custody, the intake worker or other appropriate person shall proceed under
s. 51.15.
48.20(6)
(6) If the child is believed to be an intoxicated person who has threatened, attempted or inflicted physical harm on himself or herself or on another and is likely to inflict such physical harm unless committed, or is incapacitated by alcohol, the person taking the child into physical custody, the intake worker or other appropriate person shall proceed under
s. 51.45 (11).
48.20(7)(a)(a) When a child is interviewed by an intake worker, the intake worker shall inform any child who is alleged to be in need of protection or services and who is 12 years of age or older of his or her right to counsel.
48.20(7)(b)
(b) The intake worker shall review the need to hold the child in custody and shall make every effort to release the child from custody as provided in
par. (c). The intake worker shall base his or her decision as to whether to release the child or to continue to hold the child in custody on the criteria specified in
s. 48.205 (1) and criteria established under
s. 48.06 (1) or
(2).
48.20(7)(c)
(c) The intake worker may release the child as follows:
48.20(7)(c)1.
1. To a parent, guardian, legal custodian, or Indian custodian, or to a responsible adult if the parent, guardian, legal custodian, or Indian custodian is unavailable, unwilling, or unable to provide supervision for the child, counseling or warning the child as may be appropriate; or, if the child is 15 years of age or older, without immediate adult supervision, counseling or warning the child as may be appropriate.
48.20(7)(d)
(d) If the child is released from custody, the intake worker shall immediately notify the child's parent, guardian, legal custodian, and Indian custodian of the time and circumstances of the release and the person, if any, to whom the child was released.
48.20(8)(a)(a) If a child is held in custody, the intake worker shall notify the child's parent, guardian, legal custodian, and Indian custodian of the reasons for holding the child in custody and of the child's whereabouts unless there is reason to believe that notice would present imminent danger to the child. The parent, guardian, legal custodian, and Indian custodian shall also be notified of the time and place of the detention hearing required under
s. 48.21, the nature and possible consequences of that hearing, the right to present and cross-examine witnesses at the hearing, and, in the case of a parent or Indian custodian of an Indian child who is the subject of an Indian child custody proceeding, as defined in
s. 48.028 (2) (d) 2., the right to counsel under
s. 48.028 (4) (b). If the parent, guardian, legal custodian, or Indian custodian is not immediately available, the intake worker or another person designated by the court shall provide notice as soon as possible. When the child is 12 years of age or older, the child shall receive the same notice about the detention hearing as the parent, guardian, legal custodian, or Indian custodian. The intake worker shall notify both the child and the child's parent, guardian, legal custodian, or Indian custodian.
48.20(8)(b)
(b) If the child is an expectant mother who has been taken into custody under
s. 48.19 (1) (cm) or
(d) 8., the unborn child, through the unborn child's guardian ad litem, shall receive the same notice about the whereabouts of the child expectant mother, about the reasons for holding the child expectant mother in custody and about the detention hearing as the child expectant mother and her parent, guardian, legal custodian, or Indian custodian. The intake worker shall notify the child expectant mother, her parent, guardian, legal custodian, or Indian custodian and the unborn child, by the unborn child's guardian ad litem.
48.203
48.203
Release or delivery of adult expectant mother from custody. 48.203(1)(1) A person taking an adult expectant mother of an unborn child into custody shall make every effort to release the adult expectant mother to an adult relative or friend of the adult expectant mother after counseling or warning the adult expectant mother as may be appropriate or, if an adult relative or friend is unavailable, unwilling or unable to accept the release of the adult expectant mother, the person taking the adult expectant mother into custody may release the adult expectant mother under the adult expectant mother's own supervision after counseling or warning the adult expectant mother as may be appropriate.
48.203(2)
(2) If the adult expectant mother is not released under
sub. (1), the person who took the adult expectant mother into custody shall arrange in a manner determined by the court and law enforcement agencies for the adult expectant mother to be interviewed by the intake worker under
s. 48.067 (2), and shall make a statement in writing with supporting facts of the reasons why the adult expectant mother was taken into physical custody and shall give the adult expectant mother a copy of the statement in addition to giving a copy to the intake worker. When the intake interview is not done in person, the report may be read to the intake worker.
48.203(3)
(3) If the unborn child or adult expectant mother is believed to be suffering from a serious physical condition which requires either prompt diagnosis or prompt treatment, the person taking the adult expectant mother into physical custody, the intake worker or other appropriate person shall deliver the adult expectant mother to a hospital, as defined in
s. 50.33 (2) (a) and
(c), or physician's office.
48.203(4)
(4) If the adult expectant mother is believed to be mentally ill, drug dependent or developmentally disabled, and exhibits conduct which constitutes a substantial probability of physical harm to herself or others, or a substantial probability of physical impairment or injury to the adult expectant mother exists due to the impaired judgment of the adult expectant mother, and the standards of
s. 51.15 are met, the person taking the adult expectant mother into physical custody, the intake worker or other appropriate person shall proceed under
s. 51.15.
48.203(5)
(5) If the adult expectant mother is believed to be an intoxicated person who has threatened, attempted or inflicted physical harm on herself or on another and is likely to inflict such physical harm unless committed, or is incapacitated by alcohol, the person taking the adult expectant mother into physical custody, the intake worker or other appropriate person shall proceed under
s. 51.45 (11).
48.203(6)(a)(a) When an adult expectant mother is interviewed by an intake worker, the intake worker shall inform the adult expectant mother of her right to counsel.
48.203(6)(b)
(b) The intake worker shall review the need to hold the adult expectant mother in custody and shall make every effort to release the adult expectant mother from custody as provided in
par. (c). The intake worker shall base his or her decision as to whether to release the adult expectant mother or to continue to hold the adult expectant mother in custody on the criteria specified in
s. 48.205 (1m) and criteria established under
s. 48.06 (1) or
(2).
48.203(6)(c)
(c) The intake worker may release the adult expectant mother to an adult relative or friend of the adult expectant mother after counseling or warning the adult expectant mother as may be appropriate or, if an adult relative or friend is unavailable, unwilling or unable to accept the release of the adult expectant mother, the intake worker may release the adult expectant mother under the adult expectant mother's own supervision after counseling or warning the adult expectant mother as may be appropriate.
48.203(7)
(7) If an adult expectant mother is held in custody, the intake worker shall notify the adult expectant mother and the unborn child, through the unborn child's guardian ad litem, of the reasons for holding the adult expectant mother in custody, the time and place of the detention hearing required under
s. 48.213, the nature and possible consequences of that hearing, and the right to present and cross-examine witnesses at the hearing.
48.203 History
History: 1997 a. 292.
48.205
48.205
Criteria for holding a child or expectant mother in physical custody. 48.205(1)
(1) A child may be held under
s. 48.207 (1),
48.208 or
48.209 if the intake worker determines that there is probable cause to believe the child is within the jurisdiction of the court and:
48.205(1)(a)
(a) Probable cause exists to believe that if the child is not held he or she will cause injury to himself or herself or be subject to injury by others.
48.205(1)(am)
(am) Probable cause exists to believe that if the child is not held he or she will be subject to injury by others, based on a determination under
par. (a) or a finding under
s. 48.21 (4) that if another child in the home is not held that child will be subject to injury by others.
48.205(1)(b)
(b) 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 and that services to ensure the child's safety and well-being are not available or would be inadequate.
48.205(1)(bm)
(bm) Probable cause exists to believe that the child meets the criteria specified in
par. (b), based on a determination under
par. (b) or a finding under
s. 48.21 (4) that another child in the home meets those criteria.
48.205(1)(c)
(c) Probable cause exists to believe that the child will run away or be taken away so as to be unavailable for proceedings of the court or its officers.
48.205(1)(d)
(d) Probable cause exists to believe that the child is an expectant mother, that if the child expectant mother is not held, there is a substantial risk that the physical health of the unborn child, and of the child when born, will be seriously affected or endangered 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 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.
48.205(1m)
(1m) An adult expectant mother of an unborn child may be held under
s. 48.207 (1m) if the intake worker determines that there is probable cause to believe that the adult expectant mother is within the jurisdiction of the court, to believe that if the adult expectant mother is not held, there is a substantial risk that the physical health of the unborn child, and of the child when born, will be seriously affected or endangered 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.
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.
48.205 Annotation
Courts may hold juveniles in contempt of court, but only under the criteria under this section and s. 48.208. 70 Atty. Gen. 98.
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 if 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 license under
s. 48.62 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(1g)
(1g) An Indian child held in physical custody under
s. 48.205 (1) shall be placed in compliance with
s. 48.028 (7) (b) or, if applicable,
s. 48.028 (7) (c), unless the person responsible for determining the placement finds good cause, as described in
s. 48.028 (7) (e), for departing from the order of placement preference under
s. 48.028 (7) (b) or finds that emergency conditions necessitate departing from that order. When the reason for departing from that order is resolved, the Indian child shall be placed in compliance with the order of placement preference under
s. 48.028 (7) (b) or, if applicable,
s. 48.028 (7) (c).
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, relative's home, or other appropriate medical or child welfare facility that is not used primarily for the detention of delinquent children.
48.208
48.208
Criteria for holding a child in a juvenile detention facility. A child may be held in a juvenile 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 a circuit court commissioner under
s. 48.21 (4), has run away or committed a delinquent act and no other suitable alternative exists.
