48.21 Hearing for child in custody.

1,162 words·~5 min read·/wi/chapter-48/48-21-2

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.

3. That probable cause exists to believe that the parent, guardian, or legal custodian of the child or other responsible adult is neglecting, refusing, unable, or unavailable to provide adequate supervision and care.

4. That, if the child is an expectant mother who was taken into custody under s. 48.19

(cm)or

(d)8. , probable cause exists to believe that there is a substantial risk that if the child expectant mother is not held, the physical health of the unborn child, and of the child when born, will be seriously affected or endangered by 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, and to believe 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.

(bm)An extension under par.

(b)may be granted only once for any petition. In the event of failure to file a petition within the extension period provided for in par.

(b), the judge or circuit court commissioner shall order the child’s immediate release from custody.

(c)If the child is held in custody in a residential care center for children and youth, group home, or shelter care facility certified under s. 48.675 , the qualified individual shall conduct a standardized assessment and the intake worker or agency primarily responsible for providing services under the custody order shall submit it and the recommendation of the qualified individual who conducted the standardized assessment, including all of the following, to the court and all persons who are required to receive a copy of the petition or request under par.

(b)no later than the hearing or, if not available by that time, no later than 30 days after the date on which the placement is made:

1. Whether the proposed placement will provide the child with the most effective and appropriate level of care in the least restrictive environment.

2. How the placement is consistent with the short-term and long-term goals for the child, as specified in the permanency plan.

3. The reasons why the child’s needs can or cannot be met by the child’s family or in a foster home. A shortage or lack of foster homes is not an acceptable reason for determining that the child’s needs cannot be met in a foster home.

4. The placement preference of the family permanency team under s. 48.38

(3m)and, if that preference is not the placement recommended by the qualified individual, why that recommended placement is not preferred.

(3)Proceedings concerning children in need of protection or services and unborn children in need of protection or services and their child expectant mothers.

(ag)Proceedings concerning a child who comes within the jurisdiction of the court under s. 48.13 or an unborn child and a child expectant mother of the unborn child who come within the jurisdiction of the court under s. 48.133 shall be conducted according to this subsection.

(am)The parent, guardian, legal custodian, or Indian custodian may waive his or her right to participate in the hearing under this section. After any waiver, a rehearing shall be granted at the request of the parent, guardian, legal custodian, Indian custodian, or any other interested party for good cause shown.

(b)If present at the hearing, a copy of the petition or request shall be given to the parent, guardian, legal custodian, or Indian custodian, and to the child if he or she is 12 years of age or older, before the hearing begins. If the child is an expectant mother who has been taken into custody under s. 48.19

(cm)or

(d)8. , a copy of the petition shall also be given to the unborn child’s guardian ad litem before the hearing begins. Prior notice of the hearing shall be given to the child’s parent, guardian, legal custodian, and Indian custodian, to the child if he or she is 12 years of age or older and, if the child is an expectant mother who has been taken into custody under s. 48.19

(cm)or

(d)8. , to the unborn child’s guardian ad litem under s. 48.20

(8).

(d)Prior to the commencement of the hearing, the court shall inform the parent, guardian, legal custodian, or Indian custodian of the allegations that have been made or may be made, the nature and possible consequences of this hearing as compared to possible future hearings, the right to counsel under s. 48.23 , the right to present, confront, and cross-examine witnesses, and, in the case of a parent or Indian custodian of an Indian child who is the subject of an Indian child custody proceeding under s. 48.028

(d)2. , the right to counsel under s. 48.028

(b).