State Codes and Statutes

Statutes > Wisconsin > 938 > 938.207

938.207

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

938.207(1)

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

938.207(1)(a)

(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.

938.207(1)(b)

(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.

938.207(1)(c)

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

938.207 - ANNOT.

NOTE: Par. (c) is amended by 2009 Wis. Act 28 eff. the date stated in the notice provided by the secretary of children and families and published in the Wisconsin Administrative Register under s. 48.62 (9) to read:

938.207 - ANNOT.

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

938.207(1)(cm)

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

938.207(1)(d)

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

938.207(1)(e)

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

938.207(1)(f)

(f) The home of a person not a relative if the person has not had a foster home or treatment foster home license refused, revoked, or suspended within the previous 2 years. Such a placement may not exceed 30 days, unless the placement is extended by the court for cause for an additional 30 days.

938.207 - ANNOT.

NOTE: Par. (f) is amended by 2009 Wis. Act 28 eff. the date stated in the notice provided by the secretary of children and families and published in the Wisconsin Administrative Register under s. 48.62 (9) to read:

938.207 - ANNOT.

(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.

938.207(1)(g)

(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).

938.207(1)(h)

(h) A place listed in s. 51.15 (2) if the juvenile is held under s. 938.20 (5).

938.207(1)(i)

(i) An approved public treatment facility for emergency treatment if the juvenile is held under s. 938.20 (6).

938.207(1)(k)

(k) A facility under s. 48.58.

938.207(1g)

(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).

938.207(2)

(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.

938.207 - ANNOT.

History: 1995 a. 77; 1999 a. 9; 2005 a. 344; 2009 a. 28, 94.