Wis. Stat. § 48.02
Definitions
Redline — January 1, 2003 → current.View current text →
Current — January 1, 2017
As of January 1, 2003
In this chapter, unless otherwise defined:
In this chapter, unless otherwise defined:
(1) "Abuse", other than when used in referring to abuse of alcohol beverages or other drugs, means any of the following: (a) Physical injury inflicted on a child by other than accidental means. (am) When used in referring to an unborn child, serious physical harm inflicted on the unborn child, and the risk of serious physical harm to the child when born, caused by the habitual lack of self-control of the expectant mother of the unborn child in the use of alcohol beverages, controlled substances or controlled substance analogs, exhibited to a severe degree. (b) Sexual intercourse or sexual contact under s. 940.225 , 948.02 or 948.025 . (c) A violation of s. 948.05 . (d) Permitting, allowing or encouraging a child to violate s. 944.30 . (e) A violation of s. 948.055 . (f) A violation of s. 948.10 . (gm) Emotional damage for which the child's parent, guardian or legal custodian has neglected, refused or been unable for reasons other than poverty to obtain the necessary treatment or to take steps to ameliorate the symptoms. (1d) “Adult" means a person who is 18 years of age or older, except that for purposes of investigating or prosecuting a person who is alleged to have violated any state or federal criminal law or any civil law or municipal ordinance, “adult" means a person who has attained 17 years of age. (1e) “Alcohol and other drug abuse impairment" means a condition of a person which is exhibited by characteristics of habitual lack of self-control in the use of alcohol beverages, controlled substances or controlled substance analogs to the extent that the person's health is substantially affected or endangered or the person's social or economic functioning is substantially disrupted. (1m) “Alcoholism" has the meaning given in s. 51.01 (1m) . (1s) “Approved treatment facility" has the meaning given in s. 51.01 (2) .
(1) “Abuse," other than when used in referring to abuse of alcohol beverages or other drugs, means any of the following: (a) Physical injury inflicted on a child by other than accidental means. (am) When used in referring to an unborn child, serious physical harm inflicted on the unborn child, and the risk of serious physical harm to the child when born, caused by the habitual lack of self-control of the expectant mother of the unborn child in the use of alcohol beverages, controlled substances or controlled substance analogs, exhibited to a severe degree. (b) Sexual intercourse or sexual contact under s. 940.225 , 948.02 , 948.025 , or 948.085 . (c) A violation of s. 948.05 . (cm) A violation of s. 948.051 . (d) Permitting, allowing or encouraging a child to violate s. 944.30 (1m) . (e) A violation of s. 948.055 . (f) A violation of s. 948.10 . (g) Manufacturing methamphetamine in violation of s. 961.41 (1) (e) under any of the following circumstances: 1. With a child physically present during the manufacture. 2. In a child's home, on the premises of a child's home, or in a motor vehicle located on the premises of a child's home. 3. Under any other circumstances in which a reasonable person should have known that the manufacture would be seen, smelled, or heard by a child. (gm) Emotional damage for which the child's parent, guardian or legal custodian has neglected, refused or been unable for reasons other than poverty to obtain the necessary treatment or to take steps to ameliorate the symptoms. (1d) “Adult" means a person who is 18 years of age or older, except that for purposes of investigating or prosecuting a person who is alleged to have violated any state or federal criminal law or any civil law or municipal ordinance, “adult" means a person who has attained 17 years of age. (1dm) “Age or developmentally appropriate activities" means activities that are generally accepted as suitable for children of a given chronological age or level of maturity or that are determined to be developmentally appropriate for a child based on the cognitive, emotional, physical, and behavioral capacities that are typical for children of a given age or age group or, in the case of a specific child, activities that are suitable for the child based on the cognitive, emotional, physical, and behavioral capacities of that child. (1e) “Alcohol and other drug abuse impairment" means a condition of a person which is exhibited by characteristics of habitual lack of self-control in the use of alcohol beverages, controlled substances or controlled substance analogs to the extent that the person's health is substantially affected or endangered or the person's social or economic functioning is substantially disrupted. (1m) “Alcoholism" has the meaning given in s. 51.01 (1m) . (1s) “Approved treatment facility" has the meaning given in s. 51.01 (2) .
(2) "Child" means a person who is less than 18 years of age, except that for purposes of investigating or prosecuting a person who is alleged to have violated a state or federal criminal law or any civil law or municipal ordinance, “child" does not include a person who has attained 17 years of age.
(2) “Child," when used without further qualification, means a person who is less than 18 years of age, except that for purposes of investigating or prosecuting a person who is alleged to have violated a state or federal criminal law or any civil law or municipal ordinance, “child" does not include a person who has attained 17 years of age.
(2d) "Controlled substance" has the meaning given in s. 961.01 (4) .
(2d) “Controlled substance" has the meaning given in s. 961.01 (4) .
(2e) "Controlled substance analog" has the meaning given in s. 961.01 (4m) .
(2e) “Controlled substance analog" has the meaning given in s. 961.01 (4m) .
(2f) “Coordinated services plan of care" has the meaning given in s. 46.56 (1) (cm) .
(2g) "County department" means a county department under s. 46.22 or 46.23 , unless the context requires otherwise.
(2g) “County department" means a county department under s. 46.22 or 46.23 , unless the context requires otherwise.
(2m) "Court", when used without further qualification, means the court assigned to exercise jurisdiction under this chapter and ch. 938 .
(2m) “Court," when used without further qualification, means the court assigned to exercise jurisdiction under this chapter and ch. 938 .
(3) "Court intake worker" means any person designated to provide intake services under s. 48.067 .
(3) “Court intake worker" means any person designated to provide intake services under s. 48.067 .
(3t) “Dental care,” for purposes of providing ordinary medical and dental care, means routine dental care, including diagnostic and preventative services, and treatment including restoring teeth, tooth extractions, and use of nitrous oxide.
(4) “Department" means the department of health and family services.
(4) “Department" means the department of children and families.
(5) "Developmentally disabled" means having a developmental disability, as defined in s. 51.01 (5) .
(5) “Developmentally disabled" means having a developmental disability, as defined in s. 51.01 (5) .
(5g) “Drug dependent" has the meaning given in s. 51.01 (8) .
(5g) “Drug dependent" has the meaning given in s. 51.01 (8b) .
(5j) "Emotional damage" means harm to a child's psychological or intellectual functioning. "Emotional damage" shall be evidenced by one or more of the following characteristics exhibited to a severe degree: anxiety; depression; withdrawal; outward aggressive behavior; or a substantial and observable change in behavior, emotional response or cognition that is not within the normal range for the child's age and stage of development.
(5j) “Emotional damage" means harm to a child's psychological or intellectual functioning. “Emotional damage" shall be evidenced by one or more of the following characteristics exhibited to a severe degree: anxiety; depression; withdrawal; outward aggressive behavior; or a substantial and observable change in behavior, emotional response or cognition that is not within the normal range for the child's age and stage of development.
(5m) "Foreign jurisdiction" means a jurisdiction outside of the United States.
(5m) “Foreign jurisdiction" means a jurisdiction outside of the United States.
(6) “Foster home" means any facility that is operated by a person required to be licensed by s. 48.62 (1) (a) and that provides care and maintenance for no more than 4 children or, if necessary to enable a sibling group to remain together, for no more than 6 children or, if the department promulgates rules permitting a different number of children, for the number of children permitted under those rules.
(6) “Foster home" means any facility that is operated by a person required to be licensed by s. 48.62 (1) and that provides care and maintenance for no more than 4 children or, if necessary to enable a sibling group to remain together, for no more than 6 children or, if the department promulgates rules permitting a different number of children, for the number of children permitted under those rules.
(7) "Group home" means any facility operated by a person required to be licensed by the department under s. 48.625 for the care and maintenance of 5 to 8 children, as provided in s. 48.625 (1) .
(7) “Group home" means any facility operated by a person required to be licensed by the department under s. 48.625 for the care and maintenance of 5 to 8 children, as provided in s. 48.625 (1) .
(8) "Guardian" means the person named by the court having the duty and authority of guardianship.
(8) “Guardian" means the person named by the court having the duty and authority of guardianship.
(9s) "Integrated service plan" has the meaning given in s. 46.56 (1) (g) .
(10) "Judge", if used without further qualification, means the judge of the court assigned to exercise jurisdiction under this chapter and ch. 938 .
(11) "Legal custodian" means a person, other than a parent or guardian, or an agency to whom legal custody of the child has been transferred by a court, but does not include a person who has only physical custody of the child.
(12) "Legal custody" means a legal status created by the order of a court, which confers the right and duty to protect, train and discipline the child, and to provide food, shelter, legal services, education and ordinary medical and dental care, subject to the rights, duties and responsibilities of the guardian of the child and subject to any residual parental rights and responsibilities and the provisions of any court order.
(12m) "Nonidentifying social history information" means information about a person's birth parent that may aid the person in establishing a sense of identity. "Nonidentifying social history information" may include, but is not limited to, the following information about a birth parent, but does not include any information that would disclose the name, location or identity of a birth parent:
(a) Age at the time of the person's birth.
(b) Nationality.
(c) Race.
(d) Education.
(e) General physical appearance.
(f) Talents, hobbies and special interests.
(h) Reason for placing the child for adoption or for the termination of parental rights.
(i) Religion.
(k) Family history.
(m) Personality traits of each parent.
(13) "Parent" means either a biological parent, a husband who has consented to the artificial insemination of his wife under s. 891.40 , or a parent by adoption. If the child is a nonmarital child who is not adopted or whose parents do not subsequently intermarry under s. 767.60 , "parent" includes a person acknowledged under s. 767.62 (1) or a substantially similar law of another state or adjudicated to be the biological father. "Parent" does not include any person whose parental rights have been terminated.
(14) "Physical custody" means actual custody of the person in the absence of a court order granting legal custody to the physical custodian.
(14g) "Physical injury" includes but is not limited to lacerations, fractured bones, burns, internal injuries, severe or frequent bruising or great bodily harm, as defined in s. 939.22 (14) .
(15) "Relative" means a parent, grandparent, greatgrandparent, stepparent, brother, sister, first cousin, nephew, niece, uncle, or aunt. This relationship shall be by blood, marriage, or adoption.
(15d) "Residential care center for children and youth" means a facility operated by a child welfare agency licensed under s. 48.60 for the care and maintenance of children residing in that facility.
(16) "Secure detention facility" means a locked facility approved by the department of corrections under s. 301.36 for the secure, temporary holding in custody of children.
(17) "Shelter care facility" means a nonsecure place of temporary care and physical custody for children, including a holdover room, licensed by the department under s. 48.66 (1) (a) .
(17m) "Special treatment or care" means professional services which need to be provided to a child or his or her family to protect the well-being of the child, prevent placement of the child outside the home or meet the special needs of the child. "Special treatment or care" also means professional services which need to be provided to the expectant mother of an unborn child to protect the physical health of the unborn child and of the child when born from the harmful effects resulting from the habitual lack of self-control of the expectant mother in the use of alcohol, controlled substances or controlled substance analogs, exhibited to a severe degree. This term includes, but is not limited to, medical, psychological or psychiatric treatment, alcohol or other drug abuse treatment or other services which the court finds to be necessary and appropriate.
(17q) "Treatment foster home" means any facility that is operated by a person required to be licensed under s. 48.62 (1) (b) , that is operated under the supervision of the department, a county department or a licensed child welfare agency, and that provides to no more than 4 children care, maintenance and structured, professional treatment by trained individuals, including the treatment foster parents.
(18) "Trial" means a fact-finding hearing to determine jurisdiction.
(19) "Unborn child" means a human being from the time of fertilization to the time of birth.
(8d) “Indian" means any person who is a member of an Indian tribe or who is an Alaska native and a member of a regional corporation, as defined in 43 USC 1606 .
(8g) “Indian child" means any unmarried person who is under the age of 18 years and is affiliated with an Indian tribe in any of the following ways:
(a) As a member of the Indian tribe.
(b) As a person who is eligible for membership in an Indian tribe and is the biological child of a member of an Indian tribe.
(8m) “Indian child's tribe" means one of the following:
(a) The Indian tribe in which an Indian child is a member or eligible for membership.
(b) In the case of an Indian child who is a member of or eligible for membership in more than one tribe, the Indian tribe with which the Indian child has the more significant contacts.
(8p) “Indian custodian" means an Indian person who has legal custody of an Indian child under tribal law or custom or under state law or to whom temporary physical care, custody, and control has been transferred by the parent of the child.
(8r) “Indian tribe" means any Indian tribe, band, nation, or other organized group or community of Indians that is recognized as eligible for the services provided to Indians by the U.S. secretary of the interior because of Indian status, including any Alaska native village, as defined in 43 USC 1602 (c).
(10) “Judge", if used without further qualification, means the judge of the court assigned to exercise jurisdiction under this chapter and ch. 938 .
(10m) “Juvenile correctional facility" has the meaning given in s. 938.02 (10p) .
(10r) “Juvenile detention facility" means a locked facility approved by the department of corrections under s. 301.36 for the secure, temporary holding in custody of children.
(11) “Legal custodian" means a person, other than a parent or guardian, or an agency to whom legal custody of the child has been transferred by a court, but does not include a person who has only physical custody of the child.
(12) “Legal custody" means a legal status created by the order of a court, which confers the right and duty to protect, train and discipline the child, and to provide food, shelter, legal services, education and ordinary medical and dental care, subject to the rights, duties and responsibilities of the guardian of the child and subject to any residual parental rights and responsibilities and the provisions of any court order.
(12g) “Neglect" means failure, refusal or inability on the part of a caregiver, for reasons other than poverty, to provide necessary care, food, clothing, medical or dental care or shelter so as to seriously endanger the physical health of the child.
(12m) “Nonidentifying social history information" means information about a person's birth parent that may aid the person in establishing a sense of identity. “Nonidentifying social history information" may include, but is not limited to, the following information about a birth parent, but does not include any information that would disclose the name, location or identity of a birth parent:
(a) Age at the time of the person's birth.
(b) Nationality.
(c) Race.
(d) Education.
(e) General physical appearance.
(f) Talents, hobbies and special interests.
(h) Reason for placing the child for adoption or for the termination of parental rights.
(i) Religion.
Official source: Wisconsin State Legislature. Reproduced from public-domain Wisconsin statutes; confirm against the official source for the current text. Not legal advice.