48.13(10m) (10m) Whose 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) Who 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) Who 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(13) (13) Who has not been immunized as required by s. 252.04 and not exempted under s. 252.04 (3); or

48.13 History History: 1977 c. 29, 354; 1979 c. 298, 300, 334; 1985 a. 321; 1987 a. 285, 339, 403; 1993 a. 27, 363, 395, 474; 1995 a. 77, 275.

48.13 Note NOTE: 1993 Wis. Act 395, which created subs. (3m) and (10m), contains extensive explanatory notes.

48.13 Annotation CHIPS proceeding is controlled by Code of Civil Procedure unless ch. 48 requires different procedure; summary judgment under 802.08 is available in CHIPS cases. In Interest of F.Q. 162 W (2d) 607, 470 NW (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 W (2d) 283, 533 NW (2d) 812 (1995).

48.13 Annotation A viable fetus is a "person" within the definition of a child under s. 48.02 (2). The court has jurisdiction over the child under circumstances described in this section and a compelling interest in promoting and protecting the potential life of the fetus. Because of that compelling interest, the court may order protective custody of that child even though such custody requires custody of the mother as well and the court may not have jurisdiction over the mother. State ex rel. Angela M.W. v. Kruzicki, 197 W (2d) 532, 541 NW (2d) 482 (Ct. App. 1995).

48.135 48.135  Referral of children to proceedings under chapter 51 or 55.

48.135(1) (1) If a child alleged to be in need of protection or services is before the court and it appears that the child is developmentally disabled, mentally ill or drug dependent or suffers from alcoholism, the court may proceed under ch. 51 or 55.

48.135(2) (2) 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.

48.135 History History: 1977 c. 354; 1977 c. 418 s. 928 (55) (c); 1977 c. 428 s. 6; 1979 c. 300; 1987 a. 339; 1995 a. 77.

48.14 48.14  Jurisdiction over other matters relating to children. 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(2)(b) (b) The appointment and removal of a guardian of the person for a child under ss. 48.427, 48.428, 48.43, 48.831, 48.832, 48.839 (4) (a) and 48.977 and ch. 880 and for a child found to be in need of protection or services under s. 48.13 because the child is without parent or guardian.

48.14(3) (3) The adoption of children.

48.14(5) (5) Proceedings under chs. 51 and 55 which apply to minors.

48.14(6) (6) Consent to marry under s. 765.02.

48.14(7) (7) Appeals under s. 115.81.

48.14(8) (8) Runaway children, but only as provided under s. 48.227 for the limited purpose described in that section.

48.14(9) (9) Proceedings under s. 146.34 (5).

48.14(10) (10) Proceedings under s. 813.122 or 813.125 in which the respondent is a child.

48.14(11) (11) Granting visitation privileges under s. 880.155.

48.14 History History: 1975 c. 430; 1977 c. 354, 449; 1979 c. 32 s. 92 (2); 1979 c. 300; 1979 c. 330 ss. 3, 13; 1981 c. 81 ss. 5, 33; 1985 a. 50; 1989 a. 161; 1993 a. 318; 1995 a. 38, 77, 275.

48.14 Annotation Conflicts arising in the case of concurrent jurisdiction of two courts discussed. Interest of Tiffany W. & Myokra W. 192 W (2d) 407, 532 NW (2d) 135 (Ct. App. 1995).

48.15 48.15  Jurisdiction of other courts to determine legal custody. Nothing contained in ss. 48.13 and 48.14 deprives other courts of the right to determine the legal custody of children by habeas corpus or to determine the legal custody or guardianship of children if the legal custody or guardianship is incidental to the determination of causes pending in the other courts. But 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.