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Wisconsin Statutes Crimes (Ch. 938 to 951) § 938.207. Places where a juvenile may be held in nonsecure custody

Current as of January 01, 2025 | Updated by Findlaw Staff

(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.

<Text of subsec. (1)(b) effective until July 1, 2025 or on the date specified in the Department of Children and Families notice published in the Wisconsin Administrative Register under 2023 Wis. Act 119, section 122(1), whichever is earlier.>

(b) The home of a relative, except that a juvenile may not be held in the home of a relative if the relative 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.

<Text of subsec. (1)(b) effective July 1, 2025 or on the date specified in the Department of Children and Families notice published in the Wisconsin Administrative Register under 2023 Wis. Act 119, section 122(1), whichever is earlier.>

(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.

<Text of subsec. (1)(f) effective until July 1, 2025 or on the date specified in the Department of Children and Families notice published in the Wisconsin Administrative Register under 2023 Wis. Act 119, section 122(1), whichever is earlier.>

(f) The home of a person not a relative 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.

<Text of subsec. (1)(f) effective July 1, 2025 or on the date specified in the Department of Children and Families notice published in the Wisconsin Administrative Register under 2023 Wis. Act 119, section 122(1), whichever is earlier.>

(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(2)(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(2)(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).

(k) A facility under s. 48.58.

(1g) Indian juvenile; placement preferences. An Indian juvenile in need of protection or services under s. 938.13(4), (6), (6m), or (7) who is held in physical custody under s. 938.205(1) shall be placed in compliance with s. 938.028(6)(a) or, if applicable, s. 938.028(6)(b), unless the person responsible for determining the placement finds good cause, as described in s. 938.028(6)(d), for departing from the order of placement preference under s. 938.028(6)(a) or finds that emergency conditions necessitate departing from that order. When the reason for departing from that order is resolved, the Indian juvenile shall be placed in compliance with the order of placement preference under s. 938.028(6)(a) or, if applicable, s. 938.028(6)(b).

(2) Payment. If a facility listed in sub. (1)(b) to (k) is used to hold a juvenile in custody, or if supervisory services of a home detention program are provided to a juvenile held under sub. (1)(a), the county shall pay the facility's authorized rate for the care of the juvenile. If no authorized rate has been established, the court shall fix a reasonable sum to be paid by the county for the supervision or care of the juvenile.

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Cite this article: FindLaw.com - Wisconsin Statutes Crimes (Ch. 938 to 951) § 938.207. Places where a juvenile may be held in nonsecure custody - last updated January 01, 2025 | https://codes.findlaw.com/wi/crimes-ch-938-to-951/wi-st-938-207/

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