48.185(1)(b)(b) The county where the child or expectant mother is present. 48.185(2)(2) Guardianship and termination of parental rights proceedings. In an action under s. 48.41, venue shall be in the county where the birth parent or child resides at the time that the petition is filed. Subject to sub. (5), venue for any proceeding under s. 48.977 or any proceeding under subch. VIII when the child has been placed outside the home pursuant to a dispositional order under s. 48.345 or 48.347, shall be in the county where the dispositional order was issued, unless the child’s county of residence has changed or the parent of the child has resided in a different county of this state for 6 months. In either case, the court may, upon a motion and for good cause shown, transfer the case, along with all appropriate records, to the county of residence of the child or parent. 48.185(3)(3) Transition-to-independent-living proceedings. Venue for a proceeding under s. 48.366 (3) (am) shall be in the county where the most recent order specified in s. 48.366 (1) (a) or (b) was issued. 48.185(4)(4) Child or unborn child subject to a dispositional order. Venue for any proceeding under s. 48.357, 48.363, or 48.365 shall be in the county where the dispositional order was issued, unless prior to the proceeding the court of that county determined that the proper venue for the proceeding lies in another county and transferred the case, along with all appropriate records, to that other county. 48.185(5)(5) Changes in placement; successor guardians; posttermination of parental rights. Venue for a proceeding under s. 48.437 shall be in the county where the termination of parental rights order was issued. 48.185 AnnotationThis section does not authorize change of venue, upon motion of party or upon stipulation of parties, after adjudication but before the first dispositional hearing. 75 Atty. Gen. 100. HOLDING A CHILD OR AN EXPECTANT MOTHER IN CUSTODY
48.1948.19 Taking a child into custody. 48.19(1)(1) A child may be taken into custody under any of the following: 48.19(1)(c)(c) An order of the judge if made upon a showing satisfactory to the judge that the welfare of the child demands that the child be immediately removed from his or her present custody. The order shall specify that the child be held in custody under s. 48.207 (1). 48.19(1)(cm)(cm) An order of the judge if made upon a showing satisfactory to the judge that the child is an expectant mother, that due to the child expectant mother’s habitual lack of self-control in the use of alcohol beverages, controlled substances or controlled substance analogs, exhibited to a severe degree, there is a substantial risk that the physical health of the unborn child, and of the child when born, will be seriously affected or endangered unless the child expectant mother is taken into custody and that the child expectant mother is refusing or has refused to accept any alcohol or other drug abuse services offered to her or is not making or has not made a good faith effort to participate in any alcohol or other drug abuse services offered to her. The order shall specify that the child expectant mother be held in custody under s. 48.207 (1). 48.19(1)(d)(d) Circumstances in which a law enforcement officer believes on reasonable grounds that any of the following conditions exists: 48.19(1)(d)1.1. A capias or a warrant for the child’s apprehension has been issued in this state, or that the child is a fugitive from justice. 48.19(1)(d)2.2. A capias or a warrant for the child’s apprehension has been issued in another state. 48.19(1)(d)4.4. The child has run away from his or her parents, guardian or legal or physical custodian. 48.19(1)(d)5.5. The child is suffering from illness or injury or is in immediate danger from his or her surroundings and removal from those surroundings is necessary. 48.19(1)(d)7.7. The child has violated the conditions of an order under s. 48.21 (4) or the conditions of an order for temporary physical custody by an intake worker. 48.19(1)(d)8.8. The child is an expectant mother and there is a substantial risk that the physical health of the unborn child, and of the child when born, will be seriously affected or endangered due to the child expectant mother’s habitual lack of self-control in the use of alcohol beverages, controlled substances or controlled substance analogs, exhibited to a severe degree, unless the child expectant mother is taken into custody. 48.19(2)(2) When a child is taken into physical custody under this section, the person taking the child into custody shall immediately attempt to notify the parent, guardian, legal custodian, and Indian custodian of the child by the most practical means. The person taking the child into custody shall continue such attempt until the parent, guardian, legal custodian, and Indian custodian of the child are notified, or the child is delivered to an intake worker under s. 48.20 (3), whichever occurs first. If the child is delivered to the intake worker before the parent, guardian, legal custodian, and Indian custodian are notified, the intake worker, or another person at his or her direction, shall continue the attempt to notify until the parent, guardian, legal custodian, and Indian custodian of the child are notified. 48.19(3)(3) Taking into custody is not an arrest except for the purpose of determining whether the taking into custody or the obtaining of any evidence is lawful. 48.19 AnnotationA viable fetus is not a “person” within the definition of a child under s. 48.02 (2). A court may not order protective custody of a fetus by requiring custody of the mother. State ex rel. Angela M.W. v. Kruzicki, 209 Wis. 2d 112, 561 N.W.2d 729 (1997), 95-2480. 48.19348.193 Taking an adult expectant mother into custody. 48.193(1)(1) An adult expectant mother of an unborn child may be taken into custody under any of the following: