938.22 County and private juvenile facilities.
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/wi/chapter-938/938-22A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
938.22 County and private juvenile facilities.
(1)Establishment and policies.
(a)The county board of supervisors of a county may establish a juvenile detention facility or secured residential care center for children and youth in accordance with ss. 301.36 and 301.37 or the county boards of supervisors for 2 or more counties may jointly establish a juvenile detention facility or secured residential care center for children and youth in accordance with ss. 46.20 , 59.53
(8m), 301.36 , and 301.37 . An Indian tribe may establish a secured residential care center for children and youth in accordance with ss. 301.36 and 301.37 or may contract with a county board of supervisors to hold juveniles who are adjudicated delinquent by the tribal court in that county’s secured residential care center for children and youth. The county board of supervisors of a county may establish a shelter care facility in accordance with ss. 48.576 and 48.578 or the county boards of supervisors for 2 or more counties may jointly establish a shelter care facility in accordance with ss. 46.20 , 48.576 , and 48.578 . A private entity may establish a juvenile detention facility in accordance with ss. 301.36 and 301.37 and contract with one or more county boards of supervisors under s. 938.222 to hold juveniles in the private juvenile detention facility. Subject to ss. 48.66
(b), 301.36 , and 301.37 , a child welfare agency may establish a secured residential care center for children and youth and contract with one or more county boards of supervisors or an Indian tribe to hold juveniles in the secured residential care center for children and youth.
(b)Subject to sub.
(ar), in counties having a population of less than 750,000, the nonjudicial operational policies of a public juvenile detention facility or shelter care facility shall be determined by the county board of supervisors or, in the case of a public juvenile detention facility or shelter care facility established by 2 or more counties, by the county boards of supervisors for the 2 or more counties jointly. Those policies shall be executed by the superintendent appointed under sub.
(a).
(c)In counties having a population of 750,000 or more, the nonjudicial operational policies of a public juvenile detention facility and the detention section of the children’s court center shall be established by the county board of supervisors, and the policies shall be executed by the director of the children’s court center.
(d)The nonjudicial operational policies of a private juvenile detention facility shall be established by the private entity operating the juvenile detention facility. Those policies shall be executed by the superintendent appointed under sub.
(bm).
(2)Plans and requirements.
(a)Counties shall submit plans for a juvenile detention facility, secured residential care center for children and youth, or juvenile portion of the county jail to the department of corrections and submit plans for a shelter care facility to the department of children and families. A private entity that proposes to establish a juvenile detention facility or an Indian tribe or a child welfare agency that proposes to establish a secured residential care center for children and youth shall submit plans for the facility to the department of corrections. The applicable department shall review the submitted plans. A county, Indian tribe, private entity, or child welfare agency may not implement a plan unless the applicable department has approved the plan. The department of corrections shall promulgate rules establishing minimum requirements for the approval and operation of juvenile detention facilities, secured residential care centers for children and youth, and the juvenile portion of county jails. The plans and rules shall be designed to protect the health, safety, and welfare of the juveniles placed in those facilities.
(b)If the department of corrections approves, a juvenile detention facility or a holdover room may be located in a public building in which there is a jail or other facility for the detention of adults if the juvenile detention facility or holdover room is physically segregated from the jail or other facility so that juveniles may enter the juvenile detention facility or holdover room without passing through areas where adults are confined and juveniles detained in the juvenile detention facility or holdover room cannot communicate with or view adults confined in the jail or other facility.
(c)A shelter care facility may be used for the temporary care of children taken into custody under s. 48.19 , in need of transitional placements in emergency situations under s. 48.357
(2m), or placed in the shelter care facility by order of the court under ch. 48 and of juveniles taken into custody under s. 938.19 , in need of transitional placements in emergency situations under s. 938.357
(2m), or placed in the shelter care facility by order of the court under this chapter, except that on the request of a person licensed to operate a shelter care facility the department may permit that shelter care facility to be used for voluntary placements under s. 48.63
(b). The department shall review such a request based on the needs of children and juveniles in the area served by the shelter care facility and the services provided by the shelter care facility and may approve the request if it determines that the services provided by the shelter care facility would meet those needs. A shelter care facility, other than a holdover room, may not be in the same building as a facility for the detention of adults.