48.07(5)
(5)
Court-appointed special advocate program. 48.07(5)(a)
(a)
Memorandum of understanding. The court may obtain the services of a court-appointed special advocate program that has been recognized by the chief judge of the judicial administrative district. A chief judge of a judicial administrative district may recognize a court-appointed special advocate program by entering into a memorandum of understanding with the court-appointed special advocate program that specifies the responsibilities of the court-appointed special advocate program and of a court-appointed special advocate designated under s.
48.236 (1). The memorandum of understanding shall specify that the court-appointed special advocate program is responsible for selecting, training, supervising and evaluating the volunteers and employees of the program who are authorized to provide court-appointed special advocate services as provided in pars.
(b) to
(d), that, in addition to any other activities specified in the memorandum of understanding, a volunteer or employee of the program who is authorized to provide court-appointed special advocate services may be designated to perform any of the activities specified in s.
48.236 (3) (a) to
(c) and that, in addition to any other authority specified in the memorandum of understanding, a volunteer or employee of the program who is authorized to provide court-appointed special advocate services may be authorized to exercise any of the authority specified in s.
48.236 (4) (a) and
(b), unless the parties to the memorandum of understanding determine that a variance from the requirements of pars.
(b) to
(d), the activities specified in s.
48.236 (3) (a) to
(c) or the authority specified in s.
48.236 (4) (a) and
(b) is necessary for the efficient administration of the program.
48.07(5)(b)1.1. A court-appointed special advocate program may select a person to provide court-appointed special advocate services if the person is 21 years of age or older, demonstrates an interest in the welfare of children, undergoes a satisfactory background investigation as provided under subd.
2., completes the training required under par.
(c) and meets any other qualifications required by the court-appointed special advocate program. A court-appointed special advocate program may refuse to permit to provide court-appointed special advocate services any person whose provision of those services might pose a risk, as determined by the court-appointed special advocate program, to the safety of any child.
48.07(5)(b)2.
2. On receipt of an application from a prospective court-appointed special advocate, the court-appointed special advocate program, with the assistance of the department of justice, shall conduct a background investigation of the applicant. If the court-appointed special advocate program determines that any information obtained as a result of the background investigation provides a reasonable basis for further investigation, the court-appointed special advocate program may require the applicant to be fingerprinted on 2 fingerprint cards, each bearing a complete set of the applicant's fingerprints, or by other technologies approved by law enforcement agencies. The department of justice may provide for the submission of the fingerprint cards or fingerprints by other technologies to the federal bureau of investigation for the purposes of verifying the identification of the applicant and obtaining the applicant's criminal arrest and conviction record. The court-appointed special advocate program shall keep confidential all information received from the department of justice and the federal bureau of investigation under this subdivision.
48.07(5)(c)
(c)
Training. A court-appointed special advocate program shall require a volunteer or employee of the program selected under par.
(b) to complete a training program before the volunteer or employee may be designated as a court-appointed special advocate under s.
48.236 (1). The training program shall include instruction on recognizing child abuse and neglect, cultural competency, as defined in s.
48.982 (1) (bm), child development, the procedures of the court, permanency planning, the activities of a court-appointed special advocate under s.
48.236 (3) and information gathering and documentation, and shall include observation of a proceeding under s.
48.13. A court-appointed special advocate program shall also require each volunteer and employee of the program selected under par.
(b) to complete continuing training annually.
48.07(5)(d)
(d)
Supervision and evaluation. The supervisory support staff of a court-appointed special advocate program shall be easily accessible to the volunteers and employees of the program who are authorized to provide court-appointed special advocate services, shall hold regular case conferences with those volunteers and employees to review case progress and shall conduct annual performance evaluations of those volunteers and employees. A court-appointed special advocate program shall provide its staff and volunteers with written guidelines describing the policies, practices and procedures of the program and the responsibilities of a volunteer or employee of the program who is authorized to provide court-appointed special advocate services.
48.08
48.08
Duties of person furnishing services to court. 48.08(1)(1)
It is the duty of each person appointed to furnish services to the court as provided in ss.
48.06 and
48.07 to make such investigations and exercise such discretionary powers as the judge may direct, to keep a written record of such investigations and to submit a report to the judge. Such person shall keep informed concerning the conduct and condition of a child or expectant mother of an unborn child under the person's supervision and shall report on that conduct and condition as the judge directs.
48.08(2)
(2) Any person authorized to provide or providing intake or dispositional services for the court under ss.
48.067 and
48.069 has the power of police officers and deputy sheriffs only for the purpose of taking a child into physical custody when the child comes voluntarily or is suffering from illness or injury or is in immediate danger from his or her surroundings and removal from the surroundings is necessary.
48.08(3)
(3) Any person authorized to provide or providing intake or dispositional services for the court under s.
48.067 or
48.069 has the power of police officers and deputy sheriffs only for the purpose of taking the expectant mother of an unborn child into physical custody when the expectant mother comes voluntarily or when 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 due to the 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.
48.08 Annotation
A judge may order the department to provide information on foster care placements in a county. In Interest of J.A.,
138 Wis. 2d 483,
406 N.W.2d 372 (1987).
48.09
48.09
Representation of the interests of the public. The interests of the public shall be represented in proceedings under this chapter as follows:
48.09(5)
(5) By the district attorney or, if designated by the county board of supervisors, by the corporation counsel, in any matter arising under s.
48.13,
48.133, or
48.977 or, if applicable, s.
48.9795. If the county board transfers this authority to or from the district attorney on or after May 11, 1990, the board may do so only if the board notifies the department of administration of the change no later than January 1 of the calendar year during which the change takes effect.
48.09(6)
(6) By any appropriate person designated by the county board of supervisors in any matter arising under s.
48.14.
48.10
48.10
Power of the judge to act as intake worker. The duties of the intake worker may be carried out from time to time by the judge at his or her discretion, but if a request to file a petition is made or an informal disposition is entered into, the judge shall be disqualified from participating further in the proceedings.
48.11
48.11
Advisory board. 48.11(1)(1)
The court may appoint a board of not more than 15 citizens of the county, known for their interest in the welfare of children, who shall serve without compensation, to be called the advisory board of the court. The members of the board shall hold office during the pleasure of the court. The duties of the board are:
48.11(1)(a)
(a) To advise and cooperate with the court upon all matters affecting the workings of this law and other laws relating to children, their care and protection.
48.11(1)(b)
(b) To familiarize themselves with the functions and facilities of the court under this law and to interpret to the public the work of the court.
48.11(2)
(2) Nothing in this section shall be construed to require the court to open court records or to disclose their contents.
48.11 History
History: 1977 c. 449.
JURISDICTION
48.13
48.13
Jurisdiction over children alleged to be in need of protection or services. Except as provided in s.
48.028 (3), the court has exclusive original jurisdiction over a child alleged to be in need of protection or services which can be ordered by the court if one of the following applies:
48.13(1)
(1) The child is without a parent or guardian.
48.13(2)
(2) The child has been abandoned.
48.13(3)
(3) The child has been the victim of abuse, as defined in s.
48.02 (1) (a) or
(b) to
(g), including injury that is self-inflicted or inflicted by another.
48.13(3m)
(3m) The child is at substantial risk of becoming the victim of abuse, as defined in s.
48.02 (1) (a) or
(b) to
(g), including injury that is self-inflicted or inflicted by another, based on reliable and credible information that another child in the home has been the victim of such abuse.
48.13(4)
(4) The child's parent or guardian signs the petition requesting jurisdiction under this subsection and is unable or needs assistance to care for or provide necessary special treatment or care for the child.
48.13(4m)
(4m) The child's guardian is unable or needs assistance to care for or provide necessary special treatment or care for the child, but is unwilling or unable to sign the petition requesting jurisdiction under this subsection.
48.13(5)
(5) The child has been placed for care or adoption in violation of law.
48.13(8)
(8) The child is receiving inadequate care during the period of time a parent is missing, incarcerated, hospitalized or institutionalized.
48.13(9)
(9) The child is at least age 12, signs the petition requesting jurisdiction under this subsection and is in need of special treatment or care which the parent, guardian or legal custodian is unwilling, neglecting, unable or needs assistance to provide.
48.13(10)
(10) The child's parent, guardian or legal custodian neglects, refuses or is unable for reasons other than poverty to provide necessary care, food, clothing, medical or dental care or shelter so as to seriously endanger the physical health of the child.
48.13(10m)
(10m) The child's parent, guardian or legal custodian is at substantial risk of neglecting, refusing or being unable for reasons other than poverty to provide necessary care, food, clothing, medical or dental care or shelter so as to endanger seriously the physical health of the child, based on reliable and credible information that the child's parent, guardian or legal custodian has neglected, refused or been unable for reasons other than poverty to provide necessary care, food, clothing, medical or dental care or shelter so as to endanger seriously the physical health of another child in the home.
48.13(11)
(11) The child is suffering emotional damage for which the parent, guardian or legal custodian has neglected, refused or been unable and is neglecting, refusing or unable, for reasons other than poverty, to obtain necessary treatment or to take necessary steps to ameliorate the symptoms.
48.13(11m)
(11m) The child is suffering from an alcohol and other drug abuse impairment, exhibited to a severe degree, for which the parent, guardian or legal custodian is neglecting, refusing or unable to provide treatment.
48.13(14)
(14) The child's parent is residing in a qualifying residential family-based treatment facility or will be residing at such a facility at the time of a child's placement with the parent in the facility, signs the petition requesting jurisdiction under this subsection, and, with the department's consent, requests that the child reside with him or her at the qualifying residential family-based treatment facility.
48.13 Note
NOTE: 1993 Wis. Act 395, which created subs. (3m) and (10m), contains extensive explanatory notes.
48.13 Annotation
CHIPS proceedings are controlled by the Code of Civil Procedure unless this chapter requires a different procedure; summary judgment under s. 802.08 is available in CHIPS cases. In Interest of F.Q.,
162 Wis. 2d 607,
470 N.W.2d 1 (Ct. App. 1991).
48.13 Annotation
A jury verdict that children are in need of protection or services requires a separate verdict question for each of the specific jurisdictional grounds alleged. Interest of Lauran F.,
194 Wis. 2d 283,
533 N.W.2d 812 (1995).
48.13 Annotation
A viable fetus is not a “person" within the definition of a child under s. 48.02 (2). A court does not have jurisdiction over a fetus under this section. State ex rel. Angela M.W. v. Kruzicki,
209 Wis. 2d 112,
561 N.W.2d 729 (1997),
95-2480.
48.13 Annotation
A child's need for protection or services should be determined as of the date the petition is filed. Children can be adjudicated in need of protection or services when divorced parents have joint custody, one parent committed acts proscribed by sub. (10), and at the time of the hearing the other can provide the necessary care for the children. State v. Gregory L.S.,
2002 WI App 101,
253 Wis. 2d 563,
643 N.W.2d 890,
01-2325.
48.133
48.133
Jurisdiction over unborn children in need of protection or services and the expectant mothers of those unborn children. The court has exclusive original jurisdiction over an unborn child alleged to be in need of protection or services which can be ordered by the court whose expectant mother habitually lacks self-control in the use of alcohol beverages, controlled substances or controlled substance analogs, exhibited to a severe degree, to the extent that 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 unless the expectant mother receives prompt and adequate treatment for that habitual lack of self-control. The court also has exclusive original jurisdiction over the expectant mother of an unborn child described in this section.
48.133 History
History: 1997 a. 292.
48.135
48.135
Referral of children and expectant mothers of unborn children to proceedings under chapter 51 or 55. 48.135(1)(1)
If a child alleged to be in need of protection or services or a child expectant mother of an unborn child alleged to be in need of protection or services is before the court and it appears that the child or child expectant mother is developmentally disabled, mentally ill or drug dependent or suffers from alcoholism, the court may proceed under ch.
51 or
55. If an adult expectant mother of an unborn child alleged to be in need of protection or services is before the court and it appears that the adult expectant mother is drug dependent or suffers from alcoholism, the court may proceed under ch.
51.
48.135(2)
(2) Except as provided in ss.
48.19 to
48.21 and s.
48.345 (14), any voluntary or involuntary admissions, placements or commitments of a child made in or to an inpatient facility, as defined in s.
51.01 (10), shall be governed by ch.
51 or
55. Except as provided in ss.
48.193 to
48.213 and s.
48.347 (6), any voluntary or involuntary admissions, placements or commitments of an adult expectant mother of an unborn child made in or to an inpatient facility, as defined in s.
51.01 (10), shall be governed by ch.
51.
48.14
48.14
Jurisdiction over other matters relating to children. Except as provided in s.
48.028 (3), the court has exclusive jurisdiction over:
48.14(1)
(1) The termination of parental rights to a minor in accordance with subch.
VIII.
48.14(2)
(2) The appointment and removal of a guardian of the person in the following cases:
48.14(2)(a)
(a) For a minor, where parental rights have been terminated under subch.
VIII; or
48.14(5)
(5) Proceedings under chs.
51 and
55 which apply to minors and proceedings under ch.
51 which apply to the adult expectant mothers of unborn children, if those adult expectant mothers appear to be drug dependent or to suffer from alcoholism.
48.14(8)
(8) Runaway children, but only as provided under s.
48.227 for the limited purpose described in that section.
48.14(12)
(12) Proceedings under s.
48.028 (8) for the return of custody of an Indian child to his or her former parent, as defined in s.
48.028 (2) (c), or former Indian custodian, as defined in s.
48.028 (2) (b), following a vacation or setting aside of an order granting adoption of the Indian child or following an order voluntarily terminating parental rights to an Indian child of all adoptive parents of the Indian child.
48.14(13)
(13) The appointment and removal of a guardian of the person for a child under s.
48.9795.
48.14 Annotation
If two actions between the same parties, on the same subject, to test the same rights are brought in different courts with concurrent jurisdiction, it is error for the second court to assume jurisdiction. Interest of Tiffany W. & Myokra W.,
192 Wis. 2d 407,
532 N.W.2d 135 (Ct. App. 1995).
48.15
48.15
Jurisdiction of other courts to determine legal custody. Except as provided in ss.
48.028 (3) and
48.9795 (2) (b) 2., nothing in this chapter deprives another court of the right to determine the legal custody of a child by habeas corpus or to determine the legal custody or guardianship of a child if the legal custody or guardianship is incidental to the determination of an action pending in that court. Except as provided in s.
48.028 (3), the jurisdiction of the court assigned to exercise jurisdiction under this chapter and ch.
938 is paramount in all cases involving children alleged to come within the provisions of ss.
48.13 and
48.14 and unborn children and their expectant mothers alleged to come within the provisions of ss.
48.133 and
48.14 (5).
48.15 Note
Judicial Council Note, 1981: Reference to “writs" of habeas corpus has been removed because that remedy is now available in an ordinary action. See s. 781.01, stats., and the note thereto. [Bill 613-A]
48.15 Annotation
This section provides that “the jurisdiction of the court assigned to exercise jurisdiction under this chapter is paramount in all cases involving children alleged to come within the provisions of ss. 48.13 and 48.14." Under this section and
Rickli,
21 Wis. 2d 89 (1963), the circuit court properly stayed proceedings on a grandmother's ch. 54 [now s. 48.9795] guardianship petitions until termination of parental rights (TPR) proceedings were concluded. However, the court retained jurisdiction to do anything that did not conflict with its orders and findings in the TPR cases and once the TPR proceedings were concluded the court was free to consider the petitions. Under the facts of these cases, though, granting the ch. 54 [now s. 48.9795] petitions would have conflicted with the TPR orders. M.L.-F. v. Oneida County Department of Social Services,
2016 WI App 25,
367 Wis. 2d 697,
877 N.W.2d 401,
15-0553.
48.16
48.16
Jurisdiction over petitions for waiver of parental consent to a minor's abortion. Any circuit court within this state has jurisdiction over a proceeding under s.
48.375 (7) for waiver of the parental consent requirement under s.
48.375 (4).
48.16 History
History: 1991 a. 263.
48.185(1)(a)
(a) The county where the child or the expectant mother of the unborn child resides.
48.185(1)(b)
(b) The county where the child or expectant mother is present.
48.185(2)
(2)
Guardianship and termination of parental rights proceedings. In an action under s.
48.41, venue shall be in the county where the birth parent or child resides at the time that the petition is filed. Subject to sub.
(5), venue for any proceeding under s.
48.977 or any proceeding under subch.
VIII when the child has been placed outside the home pursuant to a dispositional order under s.
48.345 or
48.347, shall be in the county where the dispositional order was issued, unless the child's county of residence has changed or the parent of the child has resided in a different county of this state for 6 months. In either case, the court may, upon a motion and for good cause shown, transfer the case, along with all appropriate records, to the county of residence of the child or parent.
48.185(3)
(3)
Transition-to-independent-living proceedings. Venue for a proceeding under s.
48.366 (3) (am) shall be in the county where the most recent order specified in s.
48.366 (1) (a) or
(b) was issued.
48.185(4)
(4)
Child or unborn child subject to a dispositional order. Venue for any proceeding under s.
48.357,
48.363, or
48.365 shall be in the county where the dispositional order was issued, unless prior to the proceeding the court of that county determined that the proper venue for the proceeding lies in another county and transferred the case, along with all appropriate records, to that other county.
48.185(5)
(5)
Changes in placement; successor guardians; posttermination of parental rights. Venue for a proceeding under s.
48.437 shall be in the county where the termination of parental rights order was issued.
