48.19 Taking a child into custody. (1) A 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 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). (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). (d) Circumstances in which a law enforcement officer believes on reasonable grounds that any of the following conditions exists: 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. 2. A capias or a warrant for the child’s apprehension has been issued in another state. 4. The child has run away from his or her parents, guardian or legal or physical custodian. 5. The child is suffering from illness or injury or is in imme-
May 22, 2026, are designated by NOTES. (Published 5-22-26)
48.19
Updated 23-24 Wis. Stats.
CHILDREN’S CODE
diate danger from his or her surroundings and removal from those surroundings is necessary. 7. The child has violated the conditions of an order under s.