938.207 Places where a juvenile may be held in nonsecure custody.

415 words·~2 min read·/wi/chapter-938/938-207

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

(1)Where may be held. A juvenile held in physical custody under s. 938.205 may be held in any of the following places:

(a)The home of a parent or guardian, except that a juvenile may not be held in the home of a parent or guardian if the parent or guardian has been convicted under s. 940.01 of the first-degree intentional homicide, or under s. 940.05 of the 2nd-degree intentional homicide, of a parent of the juvenile, and the conviction has not been reversed, set aside or vacated, unless the person making the custody decision determines by clear and convincing evidence that the placement would be in the best interests of the juvenile. The person making the custody decision shall consider the wishes of the juvenile in making that determination.

(b)The home of a relative or like-kin, except that a juvenile may not be held in the home of a person who has been convicted under s. 940.01 of the first-degree intentional homicide, or under s. 940.05 of the 2nd-degree intentional homicide, of a parent of the juvenile, and the conviction has not been reversed, set aside or vacated, unless the person making the custody decision determines by clear and convincing evidence that the placement would be in the best interests of the juvenile. The person making the custody decision shall consider the wishes of the juvenile in making that determination.

(c)A licensed foster home if the placement does not violate the conditions of the license.

(cm)A licensed group home if the placement does not violate the conditions of the license.

(d)A nonsecure facility operated by a licensed child welfare agency.

(e)A licensed private or public shelter care facility.

(f)The home of a person not a relative or like-kin if the person has not had a license under s. 48.62 refused, revoked, or suspended within the previous 2 years. A placement under this paragraph may not exceed 30 days, unless the placement is extended by the court for cause for an additional 30 days.

(g)A hospital as defined in s. 50.33

(a)and

(c)or physician’s office if the juvenile is held under s. 938.20

(4).

(h)A place specified in s. 51.15

(d)if the juvenile is held under s. 938.20

(5).

(i)An approved public treatment facility for emergency treatment if the juvenile is held under s. 938.20

(6).