Wisconsin Statutes
Wis. Stat. § 48.19 (2026)
Taking a child into custody
✓ current as of July 2026
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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 HistoryHistory: 1977 c. 354, 449; 1979 c. 300; 1985 a. 176; 1989 a. 31, 56, 107; 1993 a. 16, 56, 377, 490; 1995 a. 27, 77; 1997 a. 292; 2009 a. 94.
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.
Notes of Decisions
Cited in 18
cases (1 in the last 5 years), 1963–2021 · leading case: State Ex Rel. Angela M.W. v. Kruzicki, 561 N.W.2d 729 (Wis. 1997).
State Ex Rel. Angela M.W. v. Kruzicki, 561 N.W.2d 729 (Wis. 1997). “On September 5, 1995, the Waukesha County Department of Health and Human Services (the County) filed a "MOTION TO TAKE AN UNBORN CHILD INTO CUSTODY," pursuant to Wis. Stat. § 48.19 (1)(c) (1993-94). [2] The caption read "In the Matter of: JOHN OR JANE DOE, A 36 Week Old Unborn…”
State v. Kelsey C.R., 2001 WI 54 (Wis. 2001). “There is a strong public interest in locating runaway children and juveniles, as evidenced by Wis. Stat. §§ 48.19 (1)(d)4 and 938.19(1)(d)4.”
Dane Cnty. Dep't of Human Servs. v. Ponn P., 2005 WI 32 (Wis. 2005). “First, a child is taken into custody under a judicial order made upon a satisfactory showing that "the welfare of the child demands that the child be immediately removed from his or her present custody," Wis. Stat. § 48.19 (1)(c), or by a law enforcement officer who "believes on…”
State v. Woods, 345 N.W.2d 457 (Wis. 1984). “Section 48.19(1) (d) 3, Stats., provides that a child may be taken into custody under circumstances in which the officer believes on reasonable grounds that the child committed an act in violation of a state or federal criminal law.”
State Ex Rel. Angela M.W. v. Kruzicki, 541 N.W.2d 482 (Wis. Ct. App. 1995). “Like the CHIPS statute, § 48.19, STATS., which authorizes protective custody orders, neither requires nor confers original jurisdiction over a parent.”
State v. Lindsey A.F., 2003 WI 63 (Wis. 2003). “Rather, it was moved from Wis. Stat. § 48.19 (1975) to Wis. Stat. § 48.”
State v. Velez, 589 N.W.2d 9 (Wis. 1999). “The defendant noted in his memorandum on the motion that the State did not pursue him with a capias issued by a judge as authorized by Wis. Stat. § 48.19 (1)(b). The defendant questioned the State's request for a warrant, but did not bring forward any evidence that such a…”
In Re Dmd (a Minor) v. State, 195 N.W.2d 594 (Wis. 1972). “[15] Sec. 48.19, Stats. [16] Sec. 48.19, Stats.”
Blazel v. Bradley, 698 F. Supp. 756 (W.D. Wis. 1988). “1983), a case in which county authorities had removed plaintiff’s children from his custody without prior notice or hearing pursuant to Wis.Stat. § 48.19(1). That statute provides that a child may be taken into custody when authorities have reasonable grounds to believe that…”
In Interest of J.F.F. v. J.F.F., 473 N.W.2d 546 (Wis. Ct. App. 1991). “" Section 48.19(l)(d)8, Stats. Violation of ordinance 106-23 by a person under the age of seventeen years is not punishable by a forfeiture.”
Schramek v. Bohren, 429 N.W.2d 501 (Wis. Ct. App. 1988). “The removal of the children was pursuant to sec. 48.19(1), Stats., which seeks to protect the welfare of the children and to authorize their removal from dangerous circumstances when necessary.”
In Re Termination of Parental Rights to Diana, 2005 WI 32 (Wis. 2005). “¶41 First, a child is taken into custody under a judicial order made upon a satisfactory showing that "the welfare of the child demands that the child be immediately removed from his or her present custody," Wis. Stat. § 48.19 (1)(c), or by a law enforcement officer who…”
— Wis. Stat. § 48.19(1) — 4 cases
State v. Woods, 345 N.W.2d 457 (Wis. 1984). “Section 48.19(1) (d) 3, Stats., provides that a child may be taken into custody under circumstances in which the officer believes on reasonable grounds that the child committed an act in violation of a state or federal criminal law.”
State Ex Rel. Angela M.W. v. Kruzicki, 541 N.W.2d 482 (Wis. Ct. App. 1995). “Like the CHIPS statute, § 48.19, STATS., which authorizes protective custody orders, neither requires nor confers original jurisdiction over a parent.”
Schramek v. Bohren, 429 N.W.2d 501 (Wis. Ct. App. 1988). “The removal of the children was pursuant to sec. 48.19(1), Stats., which seeks to protect the welfare of the children and to authorize their removal from dangerous circumstances when necessary.”
Blazel v. Bradley, 698 F. Supp. 756 (W.D. Wis. 1988). “1983), a case in which county authorities had removed plaintiff’s children from his custody without prior notice or hearing pursuant to Wis.Stat. § 48.19(1). That statute provides that a child may be taken into custody when authorities have reasonable grounds to believe that…”
— Wis. Stat. § 48.19(1)(c) — 4 cases
State Ex Rel. Angela M.W. v. Kruzicki, 561 N.W.2d 729 (Wis. 1997). “On September 5, 1995, the Waukesha County Department of Health and Human Services (the County) filed a "MOTION TO TAKE AN UNBORN CHILD INTO CUSTODY," pursuant to Wis. Stat. § 48.19 (1)(c) (1993-94). [2] The caption read "In the Matter of: JOHN OR JANE DOE, A 36 Week Old Unborn…”
State Ex Rel. Angela M.W. v. Kruzicki, 541 N.W.2d 482 (Wis. Ct. App. 1995). “Like the CHIPS statute, § 48.19, STATS., which authorizes protective custody orders, neither requires nor confers original jurisdiction over a parent.”
In Interest of FQ, 470 N.W.2d 1 (Wis. Ct. App. 1991).
N.Q. v. Milwaukee Cnty. Dep't of Soc. Servs., 470 N.W.2d 1 (Wis. Ct. App. 1991).
— Wis. Stat. § 48.19(1)(d) — 1 case
State v. Woods, 345 N.W.2d 457 (Wis. 1984). “Section 48.19(1) (d) 3, Stats., provides that a child may be taken into custody under circumstances in which the officer believes on reasonable grounds that the child committed an act in violation of a state or federal criminal law.”
— Wis. Stat. § 48.19(2) — 2 cases
State Ex Rel. Angela M.W. v. Kruzicki, 561 N.W.2d 729 (Wis. 1997). “On September 5, 1995, the Waukesha County Department of Health and Human Services (the County) filed a "MOTION TO TAKE AN UNBORN CHILD INTO CUSTODY," pursuant to Wis. Stat. § 48.19 (1)(c) (1993-94). [2] The caption read "In the Matter of: JOHN OR JANE DOE, A 36 Week Old Unborn…”
Navis v. Fond Du Lac Cnty., 721 F. Supp. 182 (E.D. Wis. 1989).
— Wis. Stat. § 48.19(3) — 2 cases
State v. Woods, 345 N.W.2d 457 (Wis. 1984). “Section 48.19(1) (d) 3, Stats., provides that a child may be taken into custody under circumstances in which the officer believes on reasonable grounds that the child committed an act in violation of a state or federal criminal law.”
J v. Ex Rel. Levine v. Barron, 332 N.W.2d 796 (Wis. 1983).
— Wis. Stat. § 48.19(l)(c) — 2 cases
State Ex Rel. Angela M.W. v. Kruzicki, 541 N.W.2d 482 (Wis. Ct. App. 1995). “Like the CHIPS statute, § 48.19, STATS., which authorizes protective custody orders, neither requires nor confers original jurisdiction over a parent.”
N.Q. v. Milwaukee Cnty. Dep't of Soc. Servs., 470 N.W.2d 1 (Wis. Ct. App. 1991).
— Wis. Stat. § 48.19(l)(d) — 1 case
In Interest of J.F.F. v. J.F.F., 473 N.W.2d 546 (Wis. Ct. App. 1991). “" Section 48.19(l)(d)8, Stats. Violation of ordinance 106-23 by a person under the age of seventeen years is not punishable by a forfeiture.”
— Wis. Stat. § 48.19(l)(d)(5) — 1 case
Blazel v. Bradley, 698 F. Supp. 756 (W.D. Wis. 1988). “1983), a case in which county authorities had removed plaintiff’s children from his custody without prior notice or hearing pursuant to Wis.Stat. § 48.19(1). That statute provides that a child may be taken into custody when authorities have reasonable grounds to believe that…”
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