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's parent, guardian, legal custodian, or Indian custodian is unavailable, unwilling, or unable to provide supervision for the child, the person who took the child into custody may release the child to a responsible adult after counseling or warning the child as may be appropriate.
(c) If the child is 15 years of age or older, the person who took the child into custody may release the child without immediate adult supervision after counseling or warning the child as may be appropriate.
(d) If the child is a runaway, the person who took the child into custody may release the child to a home authorized under s. 48.227.
(3) If the child is released under sub. (2) (b) to (d), the person who took the child into custody shall immediately notify the child's parent, guardian, legal custodian, and Indian custodian of the time and circumstances of the release and the person, if any, to whom the child was released. If the child is not released under sub. (2), the person who took the child into custody shall arrange in a manner determined by the court and law enforcement agencies for the child to be interviewed by the intake worker under s. 48.067 (2). The person who took the child into custody shall make a statement in writing with supporting facts of the reasons why the child was taken into physical custody and shall give a copy of the statement to the intake worker and to any child 12 years of age or older. If the intake interview is not done in person, the report may be read to the intake worker.
(4) If the child is believed to be suffering from a serious physical condition which requires either prompt diagnosis or prompt treatment, the person taking the child into physical custody, the intake worker or other appropriate person shall deliver the child to a hospital as defined in s. 50.33 (2) (a) and (c) or physician's office.
(4m) If the child is an expectant mother and if the unborn child or child expectant mother is believed to be suffering from a serious physical condition which requires either prompt diagnosis or prompt treatment, the person taking the child expectant mother into physical custody, the intake worker or other appropriate person shall deliver the child expectant mother to a hospital as defined in s. 50.33 (2) (a) and (c) or physician's office.
(5) If the child is believed to be mentally ill, drug dependent or developmentally disabled, and exhibits conduct which constitutes a substantial probability of physical harm to the child or to others, or a very substantial probability of physical impairment or injury to the child exists due to the impaired judgment of the child, and the standards of s. 51.15 are met, the person taking the child into physical custody, the intake worker or other appropriate person shall proceed under s. 51.15.
(6) If the child is believed to be an intoxicated person who has threatened, attempted, or inflicted physical harm on himself or herself or on another and is likely to inflict such physical harm unless committed, or is incapacitated by alcohol or another drug, the person taking the child into physical custody, the intake worker, or other appropriate person shall proceed under s. 51.45 (11).
(7)
(a) When a child is interviewed by an intake worker, the intake worker shall inform any child who is alleged to be in need of protection or services and who is 12 years of age or older of his or her right to counsel.
(b) The intake worker shall review the need to hold the child in custody and shall make every effort to release the child from custody as provided in par. (c). The intake worker shall base his or her decision as to whether to release the child or to continue to hold the child in custody on the criteria specified in s. 48.205 (1) and criteria established under s. 48.06 (1) or (2).
(c) The intake worker may release the child as follows:
1. To a parent, guardian, legal custodian, or Indian custodian, or to a responsible adult if the parent, guardian, legal custodian, or Indian custodian is unavailable, unwilling, or unable to provide supervision for the child, counseling or warning the child as may be appropriate; or, if the child is 15 years of age or older, without immediate adult supervision, counseling or warning the child as may be appropriate.
2. In the case of a runaway child, to a home authorized under s. 48.227.
(d) If the child is released from custody, the intake worker shall immediately notify the child's parent, guardian, legal custodian, and Indian custodian of the time and circumstances of the release and the person, if any, to whom the child was released.
(8)
(a) If a child is held in custody, the intake worker shall notify the child's parent, guardian, legal custodian, and Indian custodian of the reasons for holding the child in custody and of the child's whereabouts unless there is reason to believe that notice would present imminent danger to the child. The parent, guardian, legal custodian, and Indian custodian shall also be notified of the time and place of the detention hearing required under s. 48.21, the nature and possible consequences of that hearing, the right to counsel under s. 48.23, the right to present and cross-examine witnesses at the hearing, and, in the case of a parent or Indian custodian of an Indian child who is the subject of an Indian child custody proceeding, as defined in s. 48.028 (2) (d) 2., the right to counsel under s. 48.028 (4) (b). If the parent, guardian, legal custodian, or Indian custodian is not immediately available, the intake worker or another person designated by the court shall provide notice as soon as possible. When the child is 12 years of age or older, the child shall receive the same notice about the detention hearing as the parent, guardian, legal custodian, or Indian custodian. The intake worker shall notify both the child and the child's parent, guardian, legal custodian, or Indian custodian.
(b) If the child is an expectant mother who has been taken into custody under s. 48.19 (1) (cm) or (d) 8., the unborn child's guardian ad litem shall receive the same notice about the whereabouts of the child expectant mother, about the reasons for holding the child expectant mother in custody, and about the detention hearing as the child expectant mother and her parent, guardian, legal custodian, or Indian custodian. The intake worker shall notify the child expectant mother, her parent, guardian, legal custodian, or Indian custodian, and the unborn child's guardian ad litem.
History: 1977 c. 354, 449; 1979 c. 300; 1983 a. 189 s. 329 (5); 1993 a. 16, 56, 98, 385; 1995 a. 27, 77; 1997 a. 292; 2009 a. 94; 2013 a. 170; 2017 a. 34, 253.
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
48.01 - Title and legislative purpose.
48.025 - Declaration of paternal interest in matters affecting children.
48.027 - Child custody jurisdiction.
48.028 - Indian child welfare.
48.029 - Pregnancy testing prohibited.
48.03 - Time and place of court; absence or disability of judge; court of record.
48.035 - Court; Menominee and Shawano counties.
48.067 - Powers and duties of intake workers.
48.069 - Powers and duties of disposition staff.
48.07 - Additional sources of court services.
48.08 - Duties of person furnishing services to court.
48.09 - Representation of the interests of the public.
48.10 - Power of the judge to act as intake worker.
48.13 - Jurisdiction over children alleged to be in need of protection or services.
48.14 - Jurisdiction over other matters relating to children.
48.15 - Jurisdiction of other courts to determine legal custody.
48.16 - Jurisdiction over petitions for waiver of parental consent to a minor's abortion.
48.19 - Taking a child into custody.
48.193 - Taking an adult expectant mother into custody.
48.195 - Taking a newborn child into custody.
48.20 - Release or delivery of child from custody.
48.203 - Release or delivery of adult expectant mother from custody.
48.205 - Criteria for holding a child or expectant mother in physical custody.
48.207 - Places where a child or expectant mother may be held in nonsecure custody.
48.208 - Criteria for holding a child in a juvenile detention facility.
48.209 - Criteria for holding a child in a county jail.
48.21 - Hearing for child in custody.
48.213 - Hearing for adult expectant mother in custody.
48.215 - Mother-young child care program.
48.217 - Change in placement; child or expectant mother held in custody.
48.233 - Five-county pilot program.
48.236 - Court-appointed special advocate.
48.24 - Receipt of jurisdictional information; intake inquiry.
48.243 - Basic rights: duty of intake worker.
48.245 - Informal disposition.
48.25 - Petition: authorization to file.
48.255 - Petition; form and content.
48.257 - Petition to initiate a procedure to waive parental consent prior to a minor's abortion.
48.263 - Amendment of petition.
48.273 - Service of summons or notice; expense.
48.275 - Parents' contribution to cost of court and legal services.
48.28 - Failure to obey summons; capias.
48.29 - Substitution of judge.
48.295 - Physical, psychological, mental or developmental examination.
48.297 - Motions before trial.
48.299 - Procedures at hearings.
48.305 - Hearing upon the involuntary removal of a child or expectant mother.
48.315 - Delays, continuances and extensions.
48.335 - Dispositional hearings.
48.35 - Effect of judgment and disposition.
48.355 - Dispositional orders.
48.356 - Duty of court to warn.
48.357 - Change in placement; child or expectant mother subject to dispositional order.
48.361 - Payment for alcohol and other drug abuse services.
48.362 - Payment for certain special treatment or care services.
48.363 - Revision of dispositional orders.
48.366 - Extended out-of-home care.
48.368 - Continuation of dispositional orders.
48.371 - Access to certain information by substitute care provider.
48.373 - Medical authorization.
48.375 - Parental consent required prior to abortion; judicial waiver procedure.
48.383 - Reasonable and prudent parent standard.
48.385 - Plan for transition to independent living.
48.41 - Voluntary consent to termination of parental rights.
48.415 - Grounds for involuntary termination of parental rights.
48.417 - Petition for termination of parental rights; when required.
48.422 - Hearing on the petition.
48.423 - Rights of persons alleging paternity.
48.424 - Fact-finding hearing.
48.425 - Court report by an agency.
48.426 - Standard and factors.
48.43 - Court orders; contents and effect; review.
48.432 - Access to medical information.
48.433 - Access to identifying information about parents.
48.434 - Release of identifying information by an agency when authorization is granted.
48.437 - Change in placement; posttermination of parental rights.
48.44 - Jurisdiction over persons 17 or older.
48.45 - Orders applicable to adults.
48.46 - New evidence; relief from judgment terminating parental rights.
48.465 - Motion for postdisposition relief and appeal.
48.468 - Purpose of department.
48.48 - Authority of department.
48.481 - Grants for children's community programs.
48.485 - Transfer of Indian children to department for adoption.
48.487 - Tribal family services.
48.52 - Facilities for care of children and adult expectant mothers in care of department.
48.526 - Community youth and family aids.
48.527 - Community youth and family aids; bonus for county facilities.
48.528 - Community intervention program.
48.545 - Brighter futures initiative.
48.546 - Family treatment court grant program.
48.547 - Alcohol and other drug abuse program.
48.548 - Multidisciplinary screen and assessment criteria.
48.55 - State adoption information exchange and state adoption center.
48.56 - Child welfare services in counties having populations of less than 750,000.
48.561 - Child welfare services in a county having a population of 750,000 or more.
48.562 - Milwaukee child welfare partnership council.
48.563 - Children and family aids funding.
48.565 - Carry-over of children and family aids funds.
48.568 - Allocation of federal funds for children and family aids and child welfare.
48.569 - Distribution of children and family aids funds to counties.
48.57 - Powers and duties of department and county departments providing child welfare services.
48.576 - Shelter care facilities; general supervision and inspection by department.
48.578 - Shelter care facilities; establishment, approval, inspection.
48.58 - County children's home in populous counties.
48.59 - Examination and records.
48.60 - Child welfare agencies licensed.
48.61 - Powers and duties of child welfare agencies.
48.615 - Child welfare agency licensing fees.
48.62 - Licensing of foster homes; rates.
48.623 - Subsidized guardianships.
48.625 - Licensing of group homes; fees.
48.627 - Foster parent insurance and liability.
48.63 - Restrictions on placements.
48.64 - Placement of children in out-of-home care.
48.65 - Child care centers licensed; fees.
48.651 - Certification of child care providers.
48.653 - Information for child care providers.
48.656 - Parent's right to know.
48.657 - Child care center reports.
48.658 - Child safety alarms in child care vehicles.
48.659 - Child care quality rating system.
48.66 - Licensing duties of the department.
48.675 - Qualified residential treatment programs.
48.68 - Investigation of applicant; issuing of license.
48.685 - Criminal history and child abuse record search.
48.686 - Criminal history and child abuse record search; child care.
48.69 - Probationary licenses.
48.70 - Provisions of licenses.
48.715 - Sanctions and penalties.
48.73 - Inspection of licensees and school district child care programs.
48.735 - Immunization requirements; child care centers.
48.737 - Lead screening, inspection and reduction requirements; child care centers.
48.74 - Authority of department to investigate alleged violations.
48.743 - Community living arrangements for children.
48.745 - Formal complaints regarding child welfare agencies and group homes.
48.75 - Foster homes licensed by public licensing agencies and by child welfare agencies.
48.77 - Injunction against violations.
48.78 - Confidentiality of records.
48.79 - Powers of the department.
48.80 - Municipalities may sponsor activities.
48.825 - Advertising related to adoption.
48.83 - Jurisdiction and venue.
48.831 - Appointment of guardian for child without a living parent for adoptability finding.
48.832 - Transfer of guardianship upon revocation of guardian's license or contract.
48.835 - Placement of children with relatives for adoption.
48.837 - Placement of children with nonrelatives for adoption.
48.838 - Foreign adoption fees.
48.839 - Adoption of foreign children.
48.84 - Preadoption preparation for proposed adoptive parents.
48.841 - Persons required to file recommendation as to adoption.
48.85 - Recommendation of guardian.
48.871 - Filing of recommendation by guardian.
48.88 - Notice of hearing; investigation.
48.89 - Recommendation of the department.
48.90 - Filing of adoption petition; preadoption residence.
48.915 - Adoption appeals given preference.
48.925 - Visitation rights of certain persons.
48.95 - Withdrawal or denial of petition.
48.97 - Adoption and guardianship orders of other jurisdictions.
48.977 - Appointment of guardians for certain children in need of protection or services.
48.978 - Appointment or designation of standby guardian of a child.
48.979 - Delegation of power by parent.
48.9795 - Appointment of guardian of the person for a child.
48.98 - Interstate placement of children.
48.981 - Abused or neglected children and abused unborn children.
48.982 - Child abuse and neglect prevention board.
48.983 - Child abuse and neglect prevention program.
48.986 - Child abuse and neglect and unborn child abuse services.
48.987 - Earnings of self-supporting minors.
48.9875 - Minor consent for housing.
48.988 - Interstate compact on the placement of children.
48.989 - Interstate compact on the placement of children: additional procedure.
48.9895 - Withdrawal from Interstate Compact on the Placement of Children.
48.99 - Interstate Compact for the Placement of Children.