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

Wis. Stat. § 48.28 (2026)

Failure to obey summons; capias

✓ current as of July 2026
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48.2848.28 Failure to obey summons; capias. If any person summoned fails without reasonable cause to appear, he or she may be proceeded against for contempt of court. In case the summons cannot be served or the parties served fail to obey the same, or in any case when it appears to the court that the service will be ineffectual a capias may be issued for the parent or guardian or for the child. Subchapter IV governs the taking and holding of a child in custody.
48.28 HistoryHistory: 1977 c. 354 s. 41; Stats. 1977 s. 48.28; 1979 c. 331, 359.
48.28 AnnotationThe issuance of a capias to secure the physical attendance of a juvenile prior to the service of the summons and petition on the juvenile was error but did not deny the court personal jurisdiction. State v. Jermaine T.J., 181 Wis. 2d 82, 510 N.W.2d 735 (Ct. App. 1993).
Notes of Decisions
Cited in 3 cases, 1966–1993 · leading case: In Interest of Jermaine Tj, 510 N.W.2d 735 (Wis. Ct. App. 1993).
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In Interest of Jermaine Tj, 510 N.W.2d 735 (Wis. Ct. App. 1993). · cites it 6× “Section 48.28, Stats., fixes the procedure for the issuance of a capias and provides in pertinent part: In case the summons cannot be served or the parties served fail to obey the same, or in any case when it appears to the court that service will be ineffectual a capias may be…”
Baldwin v. Lewis, 300 F. Supp. 1220 (E.D. Wis. 1969). · cites it 2× “12 The State contends, however, that the Fourth Amendment requirement that an arrest be based upon “probable cause” does not apply to a juvenile taken into custody and held in detention pursuant to § 48.28 of the Wisconsin Children’s Code.”
Drabek v. Sabley, 142 N.W.2d 798 (Wis. 1966). · cites it 2× “Defendant does not assert that he had lawful authority, under sec. 48.28, Stats., part of the Children's Code, to take Tom "into immediate custody" on account of any alleged felony nor to arrest him for an offense under general principles applicable to arrest by one who is not…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.