Wis. Stat. » CHAPTER 48 — CHILDREN’S CODE
Wisconsin Statutes

Wis. Stat. § 48.205 (2026)

Criteria for holding a child or expectant mother in physical custody

✓ current as of July 2026
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48.20548.205 Criteria for holding a child or expectant mother in physical custody.
48.205(1)(1) A child may be held under s. 48.207 (1), 48.208 or 48.209 if the intake worker determines that there is probable cause to believe the child is within the jurisdiction of the court and:
48.205(1)(a)(a) Probable cause exists to believe that if the child is not held he or she will cause injury to himself or herself or be subject to injury by others.
48.205(1)(am)(am) Probable cause exists to believe that if the child is not held he or she will be subject to injury by others, based on a determination under par. (a) or a finding under s. 48.21 (4) that if another child in the home is not held that child will be subject to injury by others.
48.205(1)(b)(b) Probable cause exists to believe that the parent, guardian or legal custodian of the child or other responsible adult is neglecting, refusing, unable or unavailable to provide adequate supervision and care and that services to ensure the child’s safety and well-being are not available or would be inadequate.
48.205(1)(bm)(bm) Probable cause exists to believe that the child meets the criteria specified in par. (b), based on a determination under par. (b) or a finding under s. 48.21 (4) that another child in the home meets those criteria.
48.205(1)(c)(c) Probable cause exists to believe that the child will run away or be taken away so as to be unavailable for proceedings of the court or its officers.
48.205(1)(d)(d) Probable cause exists to believe that the child is an expectant mother, that if the child expectant mother is not held, 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 by 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, 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.
48.205(1m)(1m) An adult expectant mother of an unborn child may be held under s. 48.207 (1m) if the intake worker determines that there is probable cause to believe that the adult expectant mother is within the jurisdiction of the court, to believe that if the adult expectant mother is not held, 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 by the adult 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, and to believe that the adult 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.
48.205(2)(2) The criteria for holding a child or the expectant mother of an unborn child in custody specified in this section shall govern the decision of all persons responsible for determining whether the action is appropriate.
48.205 HistoryHistory: 1977 c. 354; 1979 c. 300; 1983 a. 399; 1989 a. 31, 107; 1993 a. 16, 377, 395; 1995 a. 27, 77, 275; 1997 a. 292; 1999 a. 83.
48.205 NoteNOTE: 1993 Wis. Act 395, which created sub. (1) (am) and (bm), contains extensive explanatory notes.
48.205 AnnotationCourts may hold juveniles in contempt of court but only under the criteria under this section and s. 48.208. 70 Atty. Gen. 98.
Notes of Decisions
Cited in 13 cases (1 in the last 5 years), 1984–2025 · leading case: Dane Cnty. Dep't of Human Servs. v. Ponn P., 2005 WI 32 (Wis. 2005).
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Dane Cnty. Dep't of Human Servs. v. Ponn P., 2005 WI 32 (Wis. 2005). · cites it 18× “Because the children were not released after they were initially taken into custody, [8] a hearing was held to find whether the children should remain in custody, based upon whether probable cause existed, sufficient to prove one of the criteria listed in Wis. Stat. § 48.205…”
State Ex Rel. Angela M.W. v. Kruzicki, 561 N.W.2d 729 (Wis. 1997). · cites it 8× “[21] Wis. Stat. § 48.205 ; Wisconsin Legislative Council Staff, Staff Brief 94-1, Overview of Wisconsin Law Relating To Children in Need of Protection or Services, at 23 (Sept.”
State v. Woods, 345 N.W.2d 457 (Wis. 1984). · cites it 2× “20 (2), and that the juvenile intake worker must make a probable cause determination, sec. 48.205, Stats. 1981-82, as to release of the child.”
Dane Cnty. v. Sheila W., 2013 WI 63 (Wis. 2013). · cites it 3× “§ 48.205 . The following day, the Dane County Circuit Court conducted a hearing at University Hospital.”
State Ex Rel. Angela M.W. v. Kruzicki, 541 N.W.2d 482 (Wis. Ct. App. 1995). · cites it 3× “[18] Finally, we observe that following the execution of a protective custody order, § 48.205, STATS., requires a further probable cause determination as to whether the child may continue to be held in custody, and the statute sets out various criteria for the juvenile court or…”
In Re Termination of Parental Rights to Diana, 2005 WI 32 (Wis. 2005). · cites it 10× “[7] ¶28 Because the children were not released after they were initially taken into custody, [8] a hearing was held to find whether the children should remain in custody, based upon whether probable cause existed, sufficient to prove one of the criteria listed in Wis. Stat. §…”
In re J.A., 962 P.2d 173 (Alaska 1998). “C. Gen.Stat. § 7A-574(a) & (b) (Michie 1995) (reasonable factual basis).”
Donald v. Polk Cnty., 649 F. Supp. 1408 (W.D. Wis. 1986). “This action was supported by the filing of a “Temporary Physical Custody Request” which asserted that the requirements of § 48.205, Wis.Stat. were met because the child “would be subject to injury by others.”
State v. A. C. S. (Wis. Ct. App. 2025). · cites it 9× “§ 48.205 lacked sufficient evidence to warrant that intervention.”
In Interest of FQ, 470 N.W.2d 1 (Wis. Ct. App. 1991). “was unable to provide for the five children, pursuant to sec. 48.205(1)(b), Stats., because of her incarceration.”
Matter of JA, 962 P.2d 173 (Alaska 1998). “060(8) (West 1998) (reasonable cause); N.C. Gen.Stat. § 7A-574(a) & (b) (Michie 1995) (reasonable factual basis).”
Loertscher v. Anderson, 259 F. Supp. 3d 902 (W.D. Wis. 2017). “” § 48.205(1m). The court may appoint a guardian ad litem to “advocate for the best interests of’ the unborn child and “[m]ake clear and specific recommendations ' to the court concerning the best interest of the .”
Show all 13 citing cases →
— Wis. Stat. § 48.205(1) — 3 cases
Dane Cnty. Dep't of Human Servs. v. Ponn P., 2005 WI 32 (Wis. 2005). “Because the children were not released after they were initially taken into custody, [8] a hearing was held to find whether the children should remain in custody, based upon whether probable cause existed, sufficient to prove one of the criteria listed in Wis. Stat. § 48.205…”
In Re Termination of Parental Rights to Diana, 2005 WI 32 (Wis. 2005). “[7] ¶28 Because the children were not released after they were initially taken into custody, [8] a hearing was held to find whether the children should remain in custody, based upon whether probable cause existed, sufficient to prove one of the criteria listed in Wis. Stat. §…”
State v. A. C. S. (Wis. Ct. App. 2025). “§ 48.205 lacked sufficient evidence to warrant that intervention.”
— Wis. Stat. § 48.205(1)(a) — 2 cases
Dane Cnty. Dep't of Human Servs. v. Ponn P., 2005 WI 32 (Wis. 2005). “Because the children were not released after they were initially taken into custody, [8] a hearing was held to find whether the children should remain in custody, based upon whether probable cause existed, sufficient to prove one of the criteria listed in Wis. Stat. § 48.205…”
In Re Termination of Parental Rights to Diana, 2005 WI 32 (Wis. 2005). “[7] ¶28 Because the children were not released after they were initially taken into custody, [8] a hearing was held to find whether the children should remain in custody, based upon whether probable cause existed, sufficient to prove one of the criteria listed in Wis. Stat. §…”
— Wis. Stat. § 48.205(1)(b) — 2 cases
In Interest of FQ, 470 N.W.2d 1 (Wis. Ct. App. 1991). “was unable to provide for the five children, pursuant to sec. 48.205(1)(b), Stats., because of her incarceration.”
State v. A. C. S. (Wis. Ct. App. 2025). “§ 48.205 lacked sufficient evidence to warrant that intervention.”
— Wis. Stat. § 48.205(1)(c) — 1 case
State v. A. C. S. (Wis. Ct. App. 2025). “§ 48.205 lacked sufficient evidence to warrant that intervention.”
— Wis. Stat. § 48.205(1m) — 1 case
Loertscher v. Anderson, 259 F. Supp. 3d 902 (W.D. Wis. 2017). “” § 48.205(1m). The court may appoint a guardian ad litem to “advocate for the best interests of’ the unborn child and “[m]ake clear and specific recommendations ' to the court concerning the best interest of the .”
— Wis. Stat. § 48.205(l)(a) — 1 case
Dane Cnty. Dep't of Human Servs. v. Ponn P., 2005 WI 32 (Wis. 2005). “Because the children were not released after they were initially taken into custody, [8] a hearing was held to find whether the children should remain in custody, based upon whether probable cause existed, sufficient to prove one of the criteria listed in Wis. Stat. § 48.205…”
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