Wisconsin Statutes
Wis. Stat. § 48.208 (2026)
Criteria for holding a child in a juvenile detention facility
✓ current as of July 2026
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48.20848.208 Criteria for holding a child in a juvenile detention facility. A child may be held in a juvenile detention facility if the intake worker determines that one of the following conditions applies:
48.208(3)(3) The child consents in writing to being held in order to protect him or her from an imminent physical threat from another and such secure custody is ordered by the judge in a protective order.
48.208(4)(4) Probable cause exists to believe that the child, having been placed in nonsecure custody by an intake worker under s. 48.207 (1) or by the judge or a circuit court commissioner under s. 48.21 (4), has run away or committed a delinquent act and no other suitable alternative exists.
48.208 HistoryHistory: 1977 c. 354; 1979 c. 300; 1985 a. 176; 1993 a. 16, 377, 385, 491; 1995 a. 27, 77; 1997 a. 292; 2001 a. 61; 2005 a. 344.
48.208 AnnotationCourts may hold juveniles in contempt of court but only under the criteria under this section and s. 48.205. 70 Atty. Gen. 98.
Notes of Decisions
Cited in 4
cases, 1983–1995 · leading case: Reginald D. v. State, 533 N.W.2d 181 (Wis. 1995).
Reginald D. v. State, 533 N.W.2d 181 (Wis. 1995). “As relevant here, a child may be held where "[p]robable cause exists to believe that the child has committed a delinquent act and either presents a substantial risk of physical harm to another person or a substantial risk of running away .”
Schall v. Martin, 467 U.S. 253 (1984). “1983); Wis. Stat. § 48.208 (1981-1982); Wyo. Stat.”
Interest of D.L.D. v. Circuit Court for Crawford Cnty., 327 N.W.2d 682 (Wis. 1983). “” Then, the specific criteria of sec. 48.208, Stats., must also be satisfied.”
In Interest of CDM, 370 N.W.2d 287 (Wis. Ct. App. 1985). “See sec. 48.208(2), Stats. For purposes of *175 sec.”
— Wis. Stat. § 48.208(1) — 1 case
Reginald D. v. State, 533 N.W.2d 181 (Wis. 1995). “As relevant here, a child may be held where "[p]robable cause exists to believe that the child has committed a delinquent act and either presents a substantial risk of physical harm to another person or a substantial risk of running away .”
— Wis. Stat. § 48.208(2) — 1 case
In Interest of CDM, 370 N.W.2d 287 (Wis. Ct. App. 1985). “See sec. 48.208(2), Stats. For purposes of *175 sec.”
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