48.21 Hearing for child in custody.

326 words·~1 min read·/wi/chapter-48/48-21

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(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 by the judge or a circuit court commissioner within 48 hours of the time the decision to hold the child was made, excluding Saturdays, Sundays, and legal holidays. By the time of the hearing a petition under s. 48.25 shall be filed, except that no petition need be filed when the child is taken into custody under s. 48.19

(b)or

(d)2. or 7. or when the child is a runaway from another state, in which case a written statement of the reasons for holding the child in custody shall be substituted if the petition is not filed. If no hearing has been held within 48 hours, excluding Saturdays, Sundays, and legal holidays, or if no petition or statement has been filed at the time of the hearing, the child shall be released except as provided in pars.

(b)and

(bm). A parent not present at the hearing shall be granted a rehearing upon request for good cause shown.

(b)If no petition has been filed by the time of the hearing, a child may be held in custody with approval of the judge or circuit court commissioner for an additional 72 hours from the time of the hearing, excluding Saturdays, Sundays, and legal holidays, only if, as a result of the facts brought forth at the hearing, the judge or circuit court commissioner determines that probable cause exists to believe any of the following:

1. That additional time is required to determine whether the filing of a petition initiating proceedings under this chapter is necessary.

2. That the child is an imminent danger to himself or herself or to others.