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 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
s. 48.028 (3), 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]
48.16
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)(1) Subject to
sub. (2), venue for any proceeding under
ss. 48.13,
48.133,
48.135 and
48.14 (1) to
(9) may be in any of the following: the county where the child or the expectant mother of the unborn child resides or the county where the child or expectant mother is present. Venue for proceedings brought under
subch. VIII is as provided in this subsection except where the child has been placed and is living outside the home of the child's parent pursuant to a dispositional order, in which case venue is as provided in
sub. (2). Venue for a proceeding under
s. 48.14 (10) is as provided in
s. 801.50 (5s).
48.185(2)
(2) 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. Venue for any proceeding under
s. 48.363,
48.365 or
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 or the expectant mother of the unborn 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, parent or expectant mother.
48.185 Annotation
This section does not authorize change of venue, upon motion of party or upon stipulation of parties, after adjudication but before the first dispositional hearing.
75 Atty. Gen. 100.
HOLDING A CHILD OR AN EXPECTANT MOTHER IN CUSTODY
48.19
48.19
Taking a child into custody. 48.19(1)
(1) A child may be taken into custody under any of the following:
48.19(1)(c)
(c) An order of the judge if made upon a showing satisfactory to the judge that the welfare of the child demands that the child be immediately removed from his or her present custody. The order shall specify that the child be held in custody under
s. 48.207 (1).
48.19(1)(cm)
(cm) An order of the judge if made upon a showing satisfactory to the judge that the child is an expectant mother, that due to 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, 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 child expectant mother is taken into custody 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. The order shall specify that the child expectant mother be held in custody under
s. 48.207 (1).
48.19(1)(d)
(d) Circumstances in which a law enforcement officer believes on reasonable grounds that any of the following conditions exists:
48.19(1)(d)1.
1. A capias or a warrant for the child's apprehension has been issued in this state, or that the child is a fugitive from justice.
48.19(1)(d)2.
2. A capias or a warrant for the child's apprehension has been issued in another state.