Chapter 48, CHILDREN’S CODE
229 sections in this chapter.
Wis. Stat. § 48.01 Title and legislative purpose
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48.01 Title and legislative purpose. (1) This chapter may be cited as “The Children’s Code”. In construing this chapter, the best interests of the child or unborn child shall always be of paramount consideration. This chapter shall be liberally construed to effectuate the followi…
Wis. Stat. § 48.02 Definitions
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48.02 Definitions. In this chapter, unless otherwise defined: (1) “Abuse,” other than when used in referring to abuse of alcohol beverages or other drugs, means any of the following: (a) Physical injury inflicted on a child by other than accidental means. (am) When used in referr…
Wis. Stat. § 48.022 Electronic filing
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48.022 Electronic filing. Section 801.18 governs the electronic filing of documents under this chapter. History: Sup. Ct. Order No. 14-03, 2016 WI 29, 368 Wis. 2d xiii.
Wis. Stat. § 48.023 Guardianship
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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 effe…
Wis. Stat. § 48.025 Declaration of paternal interest in matters affecting children
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48.025 Declaration of paternal interest in matters affecting children. (1) Any person claiming to be the father of a nonmarital child who is not adopted or whose parents do not subsequently intermarry under s. 767.803 and whose paternity has not been established may, in accordanc…
Wis. Stat. § 48.027 Child custody jurisdiction
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48.027 Child custody jurisdiction. All proceedings relating to the custody of children shall comply with the requirements of ch. 822. History: 1975 c. 283.
Wis. Stat. § 48.028 Indian child welfare
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48.028 Indian child welfare. (1) DECLARATION OF POLICY. In Indian child custody proceedings, the best interests of the Indian child shall be determined in accordance with s. 48.01 (2). (2) DEFINITIONS. In this section: (a) “Adoptive placement” means the permanent placement of an …
Wis. Stat. § 48.029 Pregnancy testing prohibited
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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…
Wis. Stat. § 48.03 Time and place of court; absence or disability of judge; court of record
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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 chap…
Wis. Stat. § 48.035 Court; Menominee and Shawano counties
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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 jud…
Wis. Stat. § 48.04 Employees of court
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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 cler…
Wis. Stat. § 48.06 Services for court
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48.06 Services for court. 48.06(1)(1) Counties with a population of 750,000 or more. 48.06(1)(a)(a) 48.06(1)(a)1.1. In counties with a population of 750,000 or more, the department shall provide the court with the services necessary for investigating and supervising child welfare…
Wis. Stat. § 48.067 Powers and duties of intake workers
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48.067 Powers and duties of intake workers. To carry out the objectives and provisions of this chapter but subject to its limitations, intake workers shall: (1) Provide intake services 24 hours a day, 7 days a week, for the purpose of screening children taken into custody and not…
Wis. Stat. § 48.069 Powers and duties of disposition staff
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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 …
Wis. Stat. § 48.07 Additional sources of court services
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48.07 Additional sources of court services. If the county board of supervisors has complied with s. 48.06, the court may obtain supplementary services for investigating cases and providing supervision of cases from one or more of the following sources: (2) LICENSED CHILD WELFARE …
Wis. Stat. § 48.08 Duties of person furnishing services to court
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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 recor…
Wis. Stat. § 48.09 Representation of the interests of the public
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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…
Wis. Stat. § 48.10 Power of the judge to act as intake worker
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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 fr…
Wis. Stat. § 48.11 Advisory board
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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 …
Wis. Stat. § 48.13 Jurisdiction over children alleged to be in need of protection or services
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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 follow…
Wis. Stat. § 48.133 Jurisdiction over unborn children in need of protection or services and the expectant mothers of those unborn children
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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 whos…
Wis. Stat. § 48.135 Referral of children and expectant mothers of unborn children to proceedings under chapter 51 or 55
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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 …
Wis. Stat. § 48.14 Jurisdiction over other matters relating to children
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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 perso…
Wis. Stat. § 48.15 Jurisdiction of other courts to determine legal custody
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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 …
Wis. Stat. § 48.16 Jurisdiction over petitions for waiver of parental consent to a minor’s abortion
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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.
Wis. Stat. § 48.185 Venue
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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 wh…
Wis. Stat. § 48.19 Taking a child into custody
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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…
Wis. Stat. § 48.193 Taking an adult expectant mother into custody
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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…
Wis. Stat. § 48.195 Taking a newborn child into custody
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48.195 Taking a newborn child into custody. (1b) DEFINITIONS. In this section: (a) “Emergency medical services practitioner” has the meaning given in s. 256.01 (5). (b) “Newborn infant safety device” means a device that is installed in a supporting wall of a hospital, fire statio…
Wis. Stat. § 48.20 Release or delivery of child from custody
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48.20 Release or delivery of child from custody. (2) (ag) Except as provided in pars. (b) to (d), a person taking a child into custody shall make every effort to release the child immediately to the child’s parent, guardian, legal custodian, or Indian custodian. (b) If the child’…
Wis. Stat. § 48.203 Release or delivery of adult expectant mother from custody
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48.203 Release or delivery of adult expectant mother from custody. (1) A person taking an adult expectant mother of an unborn child into custody shall make every effort to release the adult expectant mother to an adult relative or friend of the adult expectant mother after counse…
Wis. Stat. § 48.205 Criteria for holding a child or expectant mother in physical custody
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48.205 Criteria for holding a child or expectant mother in physical custody. (1) A child may be held under s. 48.207 (1), 48.208 or 48.209 if the intake worker determines that there is probable cause to believe the child is within the jurisdiction of the court and: (a) Probable c…
Wis. Stat. § 48.207 Places where a child or expectant mother may be held in nonsecure custody
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48.207 Places where a child or expectant mother may be held in nonsecure custody. (1) A child held in physical custody under s. 48.205 (1) may be held in any of the following places: (a) The home of a parent or guardian, except that a child may not be held in the home of a parent…
Wis. Stat. § 48.208 Criteria for holding a child in a juvenile detention facility
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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 …
Wis. Stat. § 48.209 Criteria for holding a child in a county jail
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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 departm…
Wis. Stat. § 48.21 Hearing for child in custody
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48.21 Hearing for child in custody. (1) HEARING; WHEN HELD. (a) If a child who has been taken into custody is not released under s. 48.20, a hearing to determine whether the child shall continue to be held in custody under the criteria of ss. 48.205 to 48.209 shall be conducted b…
Wis. Stat. § 48.213 Hearing for adult expectant mother in custody
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48.213 Hearing for adult expectant mother in custody. (1) HEARING; WHEN HELD. (a) If an adult expectant mother of an unborn child who has been taken into custody is not released under s. 48.203, a hearing to determine whether the adult expectant mother shall continue to be held i…
Wis. Stat. § 48.215 Mother-young child care program
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48.215 Mother-young child care program. Sections 48.19 to 48.21 do not apply to children participating in the mother-young child care program under s. 301.049. History: 1991 a. 39.
Wis. Stat. § 48.217 Change in placement; child or expectant mother held in custody
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48.217 Change in placement; child or expectant mother held in custody. (1) REQUEST BY INTAKE WORKER, AGENCY RESPONSIBLE FOR CUSTODY ORDER, OR PROSECUTOR. (a) Applicable procedures. 1. Except as provided in subd. 2., the intake worker, the agency primarily responsible for providin…
Wis. Stat. § 48.227 Runaway homes
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48.227 Runaway homes. (1) Nothing contained in this section prohibits a home licensed under s. 48.48 or 48.75 from providing housing and services to a runaway child with the consent of the child and the consent of the child’s parent, guardian or legal custodian, under the supervi…
Wis. Stat. § 48.23 Right to counsel
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48.23 Right to counsel. (1g) DEFINITION. In this section, “counsel” means an attorney acting as adversary counsel who shall advance and protect the legal rights of the party represented, and who may not act as guardian ad litem or court-appointed special advocate for any party in…
Wis. Stat. § 48.233 Five-county pilot program
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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…
Wis. Stat. § 48.235 Guardian ad litem
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48.235 Guardian ad litem. (1) APPOINTMENT. (a) The court may appoint a guardian ad litem in any appropriate matter under this chapter. (b) The court shall appoint a guardian ad litem for a minor parent petitioning for the voluntary termination of parental rights. (c) The court sh…
Wis. Stat. § 48.236 Court-appointed special advocate
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48.236 Court-appointed special advocate. (1) DESIGNATION. In any proceeding under s. 48.13 in which the court finds that providing the services of a court-appointed special advocate would be in the best interests of the child, the court may request a court-appointed special advoc…
Wis. Stat. § 48.24 Receipt of jurisdictional information; intake inquiry
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48.24 Receipt of jurisdictional information; intake inquiry. (1) Information indicating that a child or an unborn child should be referred to the court as in need of protection or services shall be referred to the intake worker, who shall conduct an intake inquiry on behalf of th…
Wis. Stat. § 48.243 Basic rights: duty of intake worker
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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 regar…
Wis. Stat. § 48.245 Informal disposition
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48.245 Informal disposition. (1) An intake worker may enter into a written agreement with all parties that imposes informal disposition under this section if all of the following apply: (a) The intake worker has determined that neither the interests of the child or unborn child n…
Wis. Stat. § 48.25 Petition: authorization to file
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48.25 Petition: authorization to file. (1) A petition initiating proceedings under this chapter shall be signed by a person who has knowledge of the facts alleged or is informed of them and believes them to be true. The district attorney, corporation counsel or other appropriate …
Wis. Stat. § 48.255 Petition; form and content
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48.255 Petition; form and content. (1) A petition initiating proceedings under this chapter, other than a petition under s. 48.133 or 48.9795, shall be entitled, “In the interest of (child’s name), a person under the age of 18” and shall set forth with specificity: (a) The name, …
Wis. Stat. § 48.257 Petition to initiate a procedure to waive parental consent prior to a minor’s abortion
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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) T…