reglab/statecodes huggingface dataset:
2023 Wisconsin Statutes & Annotations › Chapter 48 - Children's code. › 48.023 - Guardianship.

48.023
Guardianship.
Except as limited by an order of the court under s. 48.977 (5) (b) or 48.978 (6) (b) 2., a person appointed by the court to be the guardian of a child under this chapter has the duty and authority to make important decisions in matters having a permanent effect on the life and development of the child and the duty to be concerned about the child's general welfare, including but not limited to:
(1)
The authority to consent to marriage, enlistment in the U.S. armed forces, major medical, psychiatric and surgical treatment, and obtaining a motor vehicle operator's license.
(2)
The authority to represent the child in legal actions and make other decisions of substantial legal significance concerning the child but not the authority to deny the child the assistance of counsel as required by this chapter.
(3)
The right and duty of reasonable visitation of the child.
(4)
The rights and responsibilities of legal custody except when legal custody has been vested in another person or when the child is under the supervision of the department of corrections under s. 938.183, 938.34 (4h), or 938.357 (3) or (4) or the supervision of a county department under s. 938.34 (4d), (4m), or (4n).
History:  1977 c. 354; 1993 a. 385; 1995 a. 27, 77, 275, 352; 1997 a. 334; 2017 a. 185; 2019 a. 8 ss. 11, 71.
A guardian may not recover for the loss of society and companionship of a ward, nor may the guardian bring a separate claim for costs incurred or income lost on account of injuries to the ward. Conant v. Physicians Plus Medical Group, Inc., 229 Wis. 2d 271, 600 N.W.2d 21 (Ct. App. 1999), 98-3285.
A guardian has general authority to consent to medication for a ward but may consent to psychotropic medication only in accordance with ss. 880.07 (1m) and 880.33 (4m) and (4r). The guardian's authority to consent to medication or medical treatment of any kind is not affected by an order for protective placement or services. OAG 5-99.
2023 Wisconsin Statutes & Annotations › Chapter 48 - Children's code. › 48.029 - Pregnancy testing prohibited.

48.029
Pregnancy testing prohibited.
No law enforcement agency, district attorney, corporation counsel, county department, licensed child welfare agency or other person involved in the investigation or prosecution of an allegation that an unborn child has been the victim of or is at substantial risk of abuse may, without a court order, require a person to take a pregnancy test in connection with that investigation or prosecution.
History:  1997 a. 292.
2023 Wisconsin Statutes & Annotations › Chapter 48 - Children's code. › 48.03 - Time and place of court; absence or disability of judge; court of record.

48.03
Time and place of court; absence or disability of judge; court of record.
(1)
The judge shall set apart a time and place to hold court on juvenile matters.
(2)
In the case of the absence or disability of the judge of a court assigned to exercise jurisdiction under this chapter and ch. 938, another judge shall be assigned under s. 751.03 to act temporarily in the judge's place. If the judge assigned temporarily is from a circuit other than the one for which elected, the judge shall receive expenses as provided under s. 753.073.
History:  1971 c. 46; 1977 c. 187 s. 135; 1977 c. 273, 449; 1989 a. 56; 1995 a. 77.
2023 Wisconsin Statutes & Annotations › Chapter 48 - Children's code. › 48.035 - Court; Menominee and Shawano counties.

48.035
Court; Menominee and Shawano counties.
Menominee County is attached to Shawano County for judicial purposes to the extent of the jurisdiction and functions of the court assigned to exercise jurisdiction under this chapter and ch. 938 and the office and functions of the judge of the court, and the duly designated judge of the court assigned to exercise jurisdiction under this chapter and ch. 938 of the circuit court for Menominee and Shawano counties shall serve in both counties. The county boards of Menominee County and Shawano County shall enter into an agreement on administration of this section and the prorating of expenditures involved, and for such purposes the county board of supervisors of Menominee County may appropriate, levy and collect a sum each year sufficient to pay its share of the expenses. If the 2 county boards are unable to agree on the prorating of expenditure involved, then the circuit judges for the circuit court for Menominee and Shawano counties shall, upon appropriate notice and hearing, determine the prorating of the expenditures on the basis of a fair allocation to each county under such procedure as they prescribe. If the circuit judges are unable to agree, the chief judge of the judicial administrative district shall make the determination.
History:  1977 c. 449; 1995 a. 77.
2023 Wisconsin Statutes & Annotations › Chapter 48 - Children's code. › 48.04 - Employees of court.

48.04
Employees of court.
If the county contains one or more cities of the 2nd or 3rd class, the circuit judges for the county, subject to the approval of the chief judge of the judicial administrative district, may appoint, by an instrument in writing, filed with the county clerk, a clerk of court for juvenile matters and such deputies as may be needed, who shall perform the duties of clerk and reporter of the court as directed by the judges. The clerk and deputies shall take and file the official oath and shall receive such salary as the county board of supervisors determines.
History:  1977 c. 354, 449; 1985 a. 176; 1999 a. 83.
2023 Wisconsin Statutes & Annotations › Chapter 48 - Children's code. › 48.069 - Powers and duties of disposition staff.

48.069
Powers and duties of disposition staff.
(1)
The staff of the department, the court, a county department or a licensed child welfare agency designated by the court to carry out the objectives and provisions of this chapter, or, in a county having a population of 750,000 or more, the department or an agency under contract with the department to provide dispositional services, shall:
(a)
Supervise and assist a child and the child's family or the expectant mother of an unborn child pursuant to informal dispositions, a consent decree or order of the court.
(b)
Offer individual and family counseling.
(c)
Make an affirmative effort to obtain necessary or desired services for the child and the child's family or for the expectant mother of an unborn child and investigate and develop resources toward that end.
(d)
Prepare reports for the court recommending a plan of rehabilitation, treatment and care.
(e)
Perform any other functions consistent with this chapter which are ordered by the court.
(2)
Except in a county having a population of 750,000 or more, licensed child welfare agencies and the department shall provide services under this section only upon the approval of the agency from whom services are requested. In a county having a population of 750,000 or more, the department or, with the approval of the department, a licensed child welfare agency shall provide services under this section.
(3)
A court or county department responsible for disposition staff or, in a county having a population of 750,000 or more, the department may agree with the court or county department responsible for providing intake services that the disposition staff may be designated to provide some or all of the intake services.
(4)
Disposition staff employed to perform the duties specified in sub. (1) after November 18, 1978 shall have the qualifications required under the county merit system.
History:  1977 c. 354; 1979 c. 300; 1985 a. 176; 1989 a. 31, 107; 1993 a. 98, 385; 1995 a. 27 ss. 2428m, 2428p, 9126 (19); 1995 a. 77; 1997 a. 27, 292; 2013 a. 20.
2023 Wisconsin Statutes & Annotations › Chapter 48 - Children's code. › 48.08 - Duties of person furnishing services to court.

48.08
Duties of person furnishing services to court.
(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.
(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.
(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.
History:  1975 c. 302, 421; 1977 c. 354; 1979 c. 300; 1985 a. 320; 1991 a. 39, 316; 1995 a. 27, 77; 1997 a. 292.
A judge may order the county human services department to provide information on foster care placements in the county. Racine County v. Skow, 138 Wis. 2d 483, 406 N.W.2d 372 (1987).
2023 Wisconsin Statutes & Annotations › Chapter 48 - Children's code. › 48.09 - Representation of the interests of the public.

48.09
Representation of the interests of the public.
The interests of the public shall be represented in proceedings under this chapter as follows:
(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.
(6)
By any appropriate person designated by the county board of supervisors in any matter arising under s. 48.14.
History:  1977 c. 354; 1985 a. 176; 1989 a. 336; 1993 a. 246; 1995 a. 77, 275; 1997 a. 292; 2019 a. 109, 134; 2021 a. 240.
2023 Wisconsin Statutes & Annotations › Chapter 48 - Children's code. › 48.10 - Power of the judge to act as intake worker.

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.
History:  1977 c. 354; 1979 c. 331, 359; 1995 a. 77; 1997 a. 80.
2023 Wisconsin Statutes & Annotations › Chapter 48 - Children's code. › 48.11 - Advisory board.

48.11
Advisory board.
(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:
(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.
(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.
(2)
Nothing in this section shall be construed to require the court to open court records or to disclose their contents.
History:  1977 c. 449.
2023 Wisconsin Statutes & Annotations › Chapter 48 - Children's code. › 48.133 - Jurisdiction over unborn children in need of protection or services and the expectant mothers of those unborn children.

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.
History:  1997 a. 292.
2023 Wisconsin Statutes & Annotations › Chapter 48 - Children's code. › 48.135 - Referral of children and expectant mothers of unborn children to proceedings under chapter 51 or 55.

48.135
Referral of children and expectant mothers of unborn children to proceedings under chapter 51 or 55.
(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.
(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.
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; 1997 a. 292.
2023 Wisconsin Statutes & Annotations › Chapter 48 - Children's code. › 48.14 - Jurisdiction over other matters relating to children.

48.14
Jurisdiction over other matters relating to children.
Except as provided in s. 48.028 (3), the court has exclusive jurisdiction over:
(1)
The termination of parental rights to a minor in accordance with subch. VIII.
(2)
The appointment and removal of a guardian of the person in the following cases:
(a)
For a minor, where parental rights have been terminated under subch. VIII; or
(b)
The appointment and removal of a guardian of the person for a child under ss. 48.427, 48.43, 48.831, 48.832, 48.839 (4) (a), 48.977, and 48.978, 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.
(3)
The adoption of children.
(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.
(6)
Consent to marry under s. 765.02.
(7)
Appeals under s. 115.80 (7).
(8)
Runaway children, but only as provided under s. 48.227 for the limited purpose described in that section.
(9)
Proceedings under s. 146.34 (5).
(10)
Proceedings under s. 813.122 or 813.125 in which the respondent is a child.
(11)
Granting visitation privileges under s. 48.9795 (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.
(13)
The appointment and removal of a guardian of the person for a child under s. 48.9795.
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; 1997 a. 164, 292, 334; 2005 a. 387; 2009 a. 94; 2015 a. 128; 2019 a. 109.
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. State ex rel. Bohren v. Circuit Court, 192 Wis. 2d 407, 532 N.W.2d 135 (Ct. App. 1995).
2023 Wisconsin Statutes & Annotations › Chapter 48 - Children's code. › 48.15 - Jurisdiction of other courts to determine legal custody.

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).
History:  1977 c. 449; 1981 c. 289; 1995 a. 77; 1997 a. 292; 2009 a. 94; 2019 a. 109.
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]
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.
2023 Wisconsin Statutes & Annotations › Chapter 48 - Children's code. › 48.16 - Jurisdiction over petitions for waiver of parental consent to a minor's abortion.

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).
History:  1991 a. 263.
2023 Wisconsin Statutes & Annotations › Chapter 48 - Children's code. › 48.185 - Venue.

48.185
Venue.
(1)
Proceedings generally. Subject to subs. (2) to (5), venue for any proceeding under s. 48.13, 48.133, 48.135, or 48.14 (1) to (9) may be in any of the following:
(a)
The county where the child or the expectant mother of the unborn child resides.
(b)
The county where the child or expectant mother is present.
(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.
(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.
(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.
(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.
(6)
Restraining order and injunction proceedings. Venue for a proceeding under s. 48.14 (10) is as provided in s. 801.50 (5s).
History:  1977 c. 354; Stats. 1977 s. 48.185; 1979 c. 330; 1989 a. 161; 1993 a. 98, 318, 491; 1995 a. 77, 275; 1997 a. 80, 292; 2015 a. 55, 373; 2017 a. 365.
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.
2023 Wisconsin Statutes & Annotations › Chapter 48 - Children's code. › 48.193 - Taking an adult expectant mother into custody.

48.193
Taking an adult expectant mother into custody.
(1)
An adult expectant mother of an unborn child may be taken into custody under any of the following:
(a)
A warrant.
(b)
A capias issued by a judge under s. 48.28.
(c)
An order of the judge if made upon a showing satisfactory to the judge that due to 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, 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 adult expectant mother is taken into custody and 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. The order shall specify that the adult expectant mother be held in custody under s. 48.207 (1m).
(d)
Circumstances in which a law enforcement officer believes on reasonable grounds that any of the following conditions exists:
1.
A capias or warrant for the apprehension of the adult expectant mother has been issued in this state or in another state.
2.
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 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, unless the adult expectant mother is taken into custody.
3.
The adult expectant mother has violated the conditions of an order under s. 48.213 (3) or the conditions of an order for temporary physical custody by an intake worker.
(2)
When an adult expectant mother of an unborn child is taken into physical custody as provided in this section, the person taking the adult expectant mother into custody shall immediately attempt to notify an adult relative or friend of the adult expectant mother by the most practical means. The person taking the adult expectant mother into custody shall continue such attempt until an adult relative or friend is notified, or the adult expectant mother is delivered to an intake worker under s. 48.203 (2), whichever occurs first. If the adult expectant mother is delivered to the intake worker before an adult relative or friend is notified, the intake worker, or another person at his or her direction, shall continue the attempt to notify until an adult relative or friend of the adult expectant mother is notified.
(3)
Taking into custody is not an arrest except for the purpose of determining whether the taking into custody or the obtaining of any evidence is lawful.
History:  1997 a. 292.
2023 Wisconsin Statutes & Annotations › Chapter 48 - Children's code. › 48.208 - Criteria for holding a child in a juvenile detention facility.

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:
(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.
(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.
History:  1977 c. 354; 1979 c. 300; 1985 a. 176; 1993 a. 16, 377, 385, 491; 1995 a. 27, 77; 1997 a. 292; 2001 a. 61; 2005 a. 344.
Courts may hold juveniles in contempt of court but only under the criteria under this section and s. 48.205. 70 Atty. Gen. 98.
2023 Wisconsin Statutes & Annotations › Chapter 48 - Children's code. › 48.209 - Criteria for holding a child in a county jail.

48.209
Criteria for holding a child in a county jail.
Subject to the provisions of s. 48.208, a county jail may be used as a juvenile detention facility if the criteria under either sub. (1) or (2) are met:
(1)
There is no other juvenile detention facility approved by the department of corrections or a county which is available and:
(a)
The jail meets the standards for juvenile detention facilities established by the department of corrections;
(b)
The child is held in a room separated and removed from incarcerated adults;
(c)
The child is not held in a cell designed for the administrative or disciplinary segregation of adults;
(d)
Adequate supervision is provided; and
(e)
The judge reviews the status of the child every 3 days.
(2)
The child presents a substantial risk of physical harm to other persons in the juvenile detention facility, as evidenced by previous acts or attempts, which can only be avoided by transfer to the jail. The conditions of sub. (1) (a) to (e) shall be met. The child shall be given a hearing and transferred only upon order of the judge.
History:  1977 c. 354; 1989 a. 31; 1993 a. 98; 1995 a. 77; 2005 a. 344.
2023 Wisconsin Statutes & Annotations › Chapter 48 - Children's code. › 48.233 - Five-county pilot program.

48.233
Five-county pilot program.
(1)
No later than July 1, 2018, the state public defender shall establish a pilot program in Brown, Outagamie, Racine, Kenosha, and Winnebago counties to provide counsel to any nonpetitioning parent after a petition has been filed under s. 48.255 in a proceeding under s. 48.13.
(2)
This section does not apply to a proceeding commenced after June 2025 under s. 48.13.
(3)
The state public defender may promulgate rules necessary to implement the pilot program established under sub. (1). The state public defender may promulgate the rules under this subsection as emergency rules under s. 227.24. Notwithstanding s. 227.24 (1) (a) and (3), the state public defender is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection. Notwithstanding s. 227.24 (1) (c) and (2), emergency rules promulgated under this subsection remain in effect until four years after June 30, 2021.
(4)
By January 1, 2025, the department and the state public defender shall each submit a report to the joint committee on finance, and to the chief clerk of each house of the legislature for distribution to the appropriate standing committees under s. 13.172 (3), regarding costs and data from implementing the pilot program under sub. (1).
History:  2017 a. 253; 2021 a. 58; 2023 a. 19.
2023 Wisconsin Statutes & Annotations › Chapter 48 - Children's code. › 48.243 - Basic rights: duty of intake worker.

48.243
Basic rights: duty of intake worker.
(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:
(a)
What allegations could be in the petition.
(b)
The nature and possible consequences of the proceedings.
(c)
The right to remain silent and the fact that silence of any party may be relevant.
(d)
The right to confront and cross-examine those appearing against them.
(e)
The right to counsel under s. 48.23.
(f)
The right to present and subpoena witnesses.
(g)
The right to a jury trial.
(h)
The right to have the allegations of the petition proved by clear and convincing evidence.
(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.
(4)
This section does not apply if the child or expectant mother was present at a hearing under s. 48.21 or 48.213.
History:  1977 c. 354; 1979 c. 300; 1985 a. 311; 1987 a. 27; 1995 a. 27, 77; 1997 a. 35, 292.
A CHIPS proceeding is not a criminal proceeding within the meaning of the 5th amendment. Miranda, 384 U.S. 436 (1966), 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.
2023 Wisconsin Statutes & Annotations › Chapter 48 - Children's code. › 48.257 - Petition to initiate a procedure to waive parental consent prior to a minor's abortion.

48.257
Petition to initiate a procedure to waive parental consent prior to a minor's abortion.
(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:
(a)
The name “Jane Doe" and the minor's date of birth.
(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.
(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.
(d)
A request for waiver of the parental consent requirement under s. 48.375 (4).
(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.
(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.
(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.
(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).
(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.
(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.
(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.
(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.
(6)
No filing fee may be charged for a petition under this section.
History:  1991 a. 263, 315.
2023 Wisconsin Statutes & Annotations › Chapter 48 - Children's code. › 48.263 - Amendment of petition.

48.263
Amendment of petition.
(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.
(2)
With reasonable notification to the interested parties and prior to the taking of a plea under s. 48.30, the petition may be amended at the discretion of the court or person who filed the petition. After the taking of a plea, the petition may be amended provided any objecting party is allowed a continuance for a reasonable time.
History:  1977 c. 354; 1979 c. 300; 1995 a. 77; 1997 a. 292.
2023 Wisconsin Statutes & Annotations › Chapter 48 - Children's code. › 48.28 - Failure to obey summons; capias.

48.28
Failure to obey summons; capias.
If any person summoned fails without reasonable cause to appear, he or she may be proceeded against for contempt of court. In case the summons cannot be served or the parties served fail to obey the same, or in any case when it appears to the court that the service will be ineffectual a capias may be issued for the parent or guardian or for the child. Subchapter IV governs the taking and holding of a child in custody.
History:  1977 c. 354 s. 41; Stats. 1977 s. 48.28; 1979 c. 331, 359.
The issuance of a capias to secure the physical attendance of a juvenile prior to the service of the summons and petition on the juvenile was error but did not deny the court personal jurisdiction. State v. Jermaine T.J., 181 Wis. 2d 82, 510 N.W.2d 735 (Ct. App. 1993).
2023 Wisconsin Statutes & Annotations › Chapter 48 - Children's code. › 48.29 - Substitution of judge.

48.29
Substitution of judge.
(1)
The child, the child's parent, guardian or legal custodian, the expectant mother, or the unborn child's guardian ad litem, either before or during the plea hearing, may file a written request with the clerk of the court or other person acting as the clerk for a substitution of the judge assigned to the proceeding. When any person has the right to request a substitution of judge, that person's counsel or guardian ad litem may file the request. Not more than one such written request may be filed in any one proceeding, nor may any single request name more than one judge. This section does not apply to proceedings under s. 48.21 or 48.213.
(1m)
When the clerk receives a request for substitution, the clerk shall immediately contact the judge whose substitution has been requested for a determination of whether the request was made timely and in proper form. If the request is found to be timely and in proper form, the judge named in the request has no further jurisdiction and the clerk shall request the assignment of another judge under s. 751.03. If no determination is made within 7 days, the clerk shall refer the matter to the chief judge of the judicial administrative district for determination of whether the request was made timely and in proper form and reassignment as necessary.
(3)
Subsections (1) and (1m) do not apply in any proceeding under s. 48.375 (7). For proceedings under s. 48.375 (7), the minor may select the judge whom she wishes to be assigned to the proceeding and that judge shall be assigned to the proceeding.
History:  1977 c. 354; 1979 c. 32 s. 92 (1); 1979 c. 300; 1987 a. 151; 1991 a. 263; 1993 a. 98; 1995 a. 77; 1997 a. 35, 292; 2013 a. 170; Sup. Ct. Order No. 20-07, 2021 WI 37, filed 4-23-21, eff. 7-1-21.
Sub. (1) permits more than one party to file a request for a substitution of judge in a termination of parental rights proceeding. State ex rel. Julie A.B. v. Circuit Court, 2002 WI App 220, 257 Wis. 2d 285, 650 N.W.2d 920, 02-1479.
This section, not s. 801.58, is applicable to judicial substitutions in termination of parental rights cases. Brown County Department of Human Services v. Terrance M., 2005 WI App 57, 280 Wis. 2d 396, 694 N.W.2d 458, 04-2379.
2023 Wisconsin Statutes & Annotations › Chapter 48 - Children's code. › 48.297 - Motions before trial.

48.297
Motions before trial.
(1)
Any motion which is capable of determination without trial of the general issue may be made before trial.
(2)
Defenses and objections based on defects in the institution of proceedings, lack of probable cause on the face of the petition, insufficiency of the petition or invalidity in whole or in part of the statute on which the petition is founded shall be raised not later than 10 days after the plea hearing or be deemed waived. Other motions capable of determination without trial may be brought any time before trial.
(3)
Motions to suppress evidence as having been illegally seized or statements as having been illegally obtained shall be made before fact-finding on the issues. The court may entertain the motion at the fact-finding hearing if it appears that a party is surprised by the attempt to introduce such evidence and that party waives jeopardy.
(4)
Although the taking of a child or an expectant mother of an unborn child into custody is not an arrest, that taking into custody shall be considered an arrest for the purpose of deciding motions which require a decision about the propriety of taking into custody, including motions to suppress evidence as illegally seized, motions to suppress statements as illegally obtained and motions challenging the lawfulness of the taking into custody.
(5)
If the child or the expectant mother of an unborn child is in custody and the court grants a motion to dismiss based on a defect in the petition or in the institution of the proceedings, the court may order the child or expectant mother to be continued in custody for not more than 48 hours pending the filing of a new petition.
(6)
A motion required to be served on a child may be served on his or her attorney of record.
(7)
Oral argument permitted on motions under this section may be heard by telephone under s. 807.13 (1).
History:  1977 c. 354; 1979 c. 300, 331, 359; Sup. Ct. Order, 141 Wis. 2d xiii (1987); 1995 a. 77; 1997 a. 35, 292; 2013 a. 170.
2023 Wisconsin Statutes & Annotations › Chapter 48 - Children's code. › 48.305 - Hearing upon the involuntary removal of a child or expectant mother.

48.305
Hearing upon the involuntary removal of a child or expectant mother.
Notwithstanding other time periods for hearings under this chapter, if a child is removed from the physical custody of the child's parent or guardian under s. 48.19 (1) (c) or (cm) or (d) 5. or 8. without the consent of the parent or guardian or if an adult expectant mother is taken into custody under s. 48.193 (1) (c) or (d) 2. without the consent of the expectant mother, the court, subject to s. 48.299 (9), shall schedule a plea hearing and fact-finding hearing within 30 days after a request from the parent or guardian from whom custody was removed or from the adult expectant mother who was taken into custody. The plea hearing and fact-finding hearing may be combined. This time period may be extended only with the consent of the requesting parent, guardian, or expectant mother.
History:  1977 c. 354; 1979 c. 300; 1997 a. 292; 2009 a. 94.
2023 Wisconsin Statutes & Annotations › Chapter 48 - Children's code. › 48.317 - Jeopardy.

48.317
Jeopardy.
Jeopardy attaches:
(1)
In a trial to the court, when a witness is sworn.
(2)
In a jury trial, when the jury selection is completed and the jury sworn.
History:  1977 c. 354.
2023 Wisconsin Statutes & Annotations › Chapter 48 - Children's code. › 48.35 - Effect of judgment and disposition.

48.35
Effect of judgment and disposition.
(1)
(a)
The judge shall enter a judgment setting forth his or her findings and disposition in the proceeding.
(b)
The disposition of a child or an unborn child, and any record of evidence given in a hearing in court, shall not be admissible as evidence against the child or the expectant mother of the unborn child in any case or proceeding in any other court except for the following:
1.
In sentencing proceedings after the child or expectant mother has been convicted of a felony or misdemeanor and then only for the purpose of a presentence investigation.
2.
In a proceeding in any court assigned to exercise jurisdiction under this chapter and ch. 938.
3.
In a court of civil or criminal jurisdiction while it is exercising jurisdiction over an action affecting the family and is considering the custody of a child.
(2)
Except as specifically provided in sub. (1), this section does not preclude the court from disclosing information to qualified persons if the court considers the disclosure to be in the best interests of the child or unborn child or of the administration of justice.
History:  1971 c. 213 s. 5; 1973 c. 328; 1975 c. 39; 1977 c. 29; 1977 c. 354 ss. 59, 63; 1977 c. 447, 449; 1979 c. 32, 300, 331, 359; 1985 a. 321; 1987 a. 222; 1995 a. 27, 77; 1997 a. 205, 292.
2023 Wisconsin Statutes & Annotations › Chapter 48 - Children's code. › 48.36 - Payment for services.

48.36
Payment for services.
(1)
(a)
If legal custody is transferred from the parent or guardian or the court otherwise designates an alternative placement for the child by a consent decree under s. 48.32, a disposition made under s. 48.345, or a change in placement under s. 48.357, the duty of the parent or guardian or, in the case of a transfer of guardianship and custody under s. 48.839 (4), the duty of the former guardian to provide support shall continue even though the legal custodian or the placement designee may provide the support. A copy of the order transferring custody or designating alternative placement for the child shall be submitted to the agency or person receiving custody or placement and the agency or person may apply to the court for an order to compel the parent or guardian to provide the support. Support payments for residential services, when purchased or otherwise funded or provided by the department or a county department, shall be determined under s. 49.345 (14). Support payments for residential services, when purchased or otherwise funded by the department of health services or a county department under s. 51.42 or 51.437, shall be determined under s. 46.10 (14).
(b)
In determining the amount of support under par. (a), the court may consider all relevant financial information or other information relevant to the parent's earning capacity, including information reported under s. 49.22 (2m) to the department or the county child support agency under s. 59.53 (5). If the court has insufficient information with which to determine the amount of support, the court shall order the child's parent to furnish a statement of income, assets, debts, and living expenses, if the parent has not already done so, to the court within 10 days after the court's order transferring custody or designating an alternative placement is entered or at such other time as ordered by the court.
(2)
If an expectant mother or a child whose legal custody has not been taken from a parent or guardian is given educational and social services, or medical, psychological or psychiatric treatment by order of the court, the cost of those services or that treatment, if ordered by the court, shall be a charge upon the county in a county having a population of less than 750,000 or the department in a county having a population of 750,000 or more. This section does not prevent recovery of reasonable contribution toward the costs from the parent or guardian of the child or from an adult expectant mother as the court may order based on the ability of the parent, guardian or adult expectant mother to pay. This subsection shall be subject to s. 49.32 (1).
(3)
In determining county or departmental liability, this section does not apply to services specified in ch. 115.
History:  1977 c. 354; 1979 c. 221; 1981 c. 81; 1985 a. 29 s. 3202 (23); 1985 a. 176; 1989 a. 31, 107; 1993 a. 446, 481; 1995 a. 27 ss. 2468, 9126 (19); 1995 a. 77, 404; 1997 a. 3, 27, 292; 2007 a. 20 ss. 1255 to 1257, 9121 (6) (a); 2015 a. 172, 373.
2023 Wisconsin Statutes & Annotations › Chapter 48 - Children's code. › 48.368 - Continuation of dispositional orders.

48.368
Continuation of dispositional orders.
(1)
If a petition for termination of parental rights is filed under s. 48.41 or 48.415 or an appeal from a judgment terminating or denying termination of parental rights is filed during the year in which a dispositional order under s. 48.355, an extension order under s. 48.365, a voluntary agreement for placement of the child under s. 48.63, or a guardianship order under s. 48.977 or 48.9795, ch. 54, 2017 stats., or ch. 880, 2003 stats., is in effect, the dispositional or extension order, voluntary agreement, or guardianship order shall remain in effect until all proceedings related to the filing of the petition or an appeal are concluded.
(2)
If a child's placement with a guardian appointed under s. 48.977 (2) is designated by the court under s. 48.977 (3) as a permanent foster placement for the child while a dispositional order under s. 48.345, a revision order under s. 48.363 or an extension order under s. 48.365 is in effect with respect to the child, such dispositional order, revision order or extension order shall remain in effect until the earliest of the following:
(a)
Thirty days after the guardianship terminates under s. 48.977 (7).
(b)
A court enters a change in placement order under s. 48.357.
(c)
A court order terminates such dispositional order, revision order or extension order.
(d)
The child attains the age of 18 years.
History:  1989 a. 86; 1993 a. 446; Stats. 1993 s. 48.368; 1995 a. 275; 1997 a. 80; 2005 a. 293; 2007 a. 45; 2019 a. 109; 2021 a. 240 s. 30.
2023 Wisconsin Statutes & Annotations › Chapter 48 - Children's code. › 48.37 - Costs and fees.

48.37
Costs and fees.
(1)
A court assigned to exercise jurisdiction under this chapter and ch. 938 may not impose costs, fees, or surcharges under ch. 814 against a child under 14 years of age but may impose costs, fees, and surcharges under ch. 814 against a child 14 years of age or older.
(2)
Notwithstanding sub. (1), no costs, fees, or surcharges may be imposed under ch. 814 against any child in a circuit court exercising jurisdiction under s. 48.16.
History:  1977 c. 354, 449; 1979 c. 300, 359; 1987 a. 27; 1991 a. 263; 1993 a. 387; 1995 a. 77; 2003 a. 139.