938.21 Hearing for juvenile in custody.

601 words·~3 min read·/wi/chapter-938/938-21

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 juvenile who has been taken into custody is not released under s. 938.20 , a hearing to determine whether to continue to hold the juvenile in custody under the criteria of ss. 938.205 to 938.209

(1)shall be conducted by the court within 24 hours after the end of the day on which the decision to hold the juvenile was made, excluding Saturdays, Sundays, and legal holidays. By the time of the hearing a petition under s. 938.25 or a request for a change in placement under s. 938.357 , a request for a revision of the dispositional order under s. 938.363 , or a request for an extension of a dispositional order under s. 938.365 shall be filed, except that no petition or request need be filed if a juvenile is taken into custody under s. 938.19

(b)or

(d)2. , 6. , or 7. or if the juvenile is a runaway from another state, in which case a written statement of the reasons for holding a juvenile in custody shall be substituted if the petition is not filed. If no hearing has been held within 24 hours or if no petition, request, or statement has been filed at the time of the hearing, the juvenile shall be released except as provided in par.

(b). The court shall grant a rehearing upon request of a parent not present at the hearing for good cause shown.

(b)If no petition or request has been filed by the time of the hearing, a juvenile may be held in custody with the approval of the court for an additional 48 hours from the time of the hearing only if, as a result of the facts brought forth at the hearing, the court determines that probable cause exists to believe that the juvenile is an imminent danger to himself or herself or to others, or that probable cause exists to believe that the parent, guardian, or legal custodian of the juvenile or other responsible adult is neglecting, refusing, unable, or unavailable to provide adequate supervision and care. The extension may be granted only once for any petition. If a petition or request is not filed within the 48-hour extension period under this paragraph, the court shall order the juvenile’s immediate release from custody.

(c)If the juvenile 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 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 juvenile 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 juvenile, as specified in the permanency plan.

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