Wisconsin Statutes
Wis. Stat. § 48.295 (2026)
Physical, psychological, mental or developmental examination
✓ current as of July 2026
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48.295(1)(1) After the filing of a petition and upon a finding by the court that reasonable cause exists to warrant a physical, psychological, mental, or developmental examination or an alcohol and other drug abuse assessment that conforms to the criteria specified under s. 48.547 (4), the court may order any child coming within its jurisdiction to be examined as an outpatient by personnel in an approved treatment facility for alcohol and other drug abuse, by a physician, psychiatrist or licensed psychologist, or by another expert appointed by the court holding at least a master’s degree in social work or another related field of child development, in order that the child’s physical, psychological, alcohol or other drug dependency, mental, or developmental condition may be considered. The court may also order a physical, psychological, mental, or developmental examination or an alcohol and other drug abuse assessment that conforms to the criteria specified under s. 48.547 (4) of a parent, guardian, or legal custodian whose ability to care for a child is at issue before the court or of an expectant mother whose ability to control her use of alcohol beverages, controlled substances, or controlled substance analogs is at issue before the court. The court shall hear any objections by the child or the child’s parents, guardian, or legal custodian to the request for such an examination or assessment before ordering the examination or assessment. The expenses of an examination, if approved by the court, shall be paid by the county of the court ordering the examination in a county having a population of less than 750,000 or by the department in a county having a population of 750,000 or more. The payment for an alcohol and other drug abuse assessment shall be in accordance with s. 48.361.
48.295(1c)(1c) Reasonable cause is considered to exist to warrant an alcohol and other drug abuse assessment under sub. (1) if the multidisciplinary screen procedure conducted under s. 48.24 (2) indicates that the child or expectant mother is at risk of having needs and problems related to alcohol or other drug abuse.
48.295(1g)(1g) If the court orders an alcohol or other drug abuse assessment under sub. (1), the approved treatment facility shall, within 14 days after the court order, report the results of the assessment to the court, except that, upon request by the approved treatment facility and if the child is not an expectant mother under s. 48.133 and is not held in secure or nonsecure custody, the court may extend the period for assessment for not more than 20 additional working days. The report shall include a recommendation as to whether the child or expectant mother is in need of treatment for abuse of alcohol beverages, controlled substances or controlled substance analogs or education relating to the use of alcohol beverages, controlled substances and controlled substance analogs and, if so, shall recommend a service plan and an appropriate treatment, from an approved treatment facility, or a court-approved education program.
48.295(2)(2) The examiner shall file a report of the examination with the court by the date specified in the order. The court shall cause copies to be transmitted to the district attorney or corporation counsel, to counsel or guardian ad litem for the child and to the court-appointed special advocate for the child. If applicable, the court shall also cause copies to be transmitted to counsel or guardian ad litem for the unborn child and the unborn child’s expectant mother. The report shall describe the nature of the examination and identify the persons interviewed, the particular records reviewed and any tests administered to the child or expectant mother. The report shall also state in reasonable detail the facts and reasoning upon which the examiner’s opinions are based.
48.295(3)(3) If the child, the child’s parent or the expectant mother objects to a particular physician, psychiatrist, licensed psychologist or other expert as required under this section, the court shall appoint a different physician, psychiatrist, psychologist or other expert as required under this section.
48.295 HistoryHistory: 1977 c. 354; 1979 c. 300; 1985 a. 321; Sup. Ct. Order, 141 Wis. 2d xiii (1987); 1987 a. 339; 1993 a. 474; 1995 a. 77, 225, 448; 1997 a. 27, 292; 1999 a. 149; 2005 a. 293; 2015 a. 172.
48.295 NoteJudicial Council Note, 1988: Sub. (4) allows oral argument on motions or objections under this section to be heard by telephone. [Re Order effective Jan. 1, 1988]
Notes of Decisions
Cited in 8
cases (1 in the last 5 years), 1982–2022 · leading case: In Interest of Shawn BN, 497 N.W.2d 141 (Wis. Ct. App. 1992).
In Interest of Shawn BN, 497 N.W.2d 141 (Wis. Ct. App. 1992). “295 or a hearing related to the child's mental condition, prehearing motions, waiver motions and hearings on other matters. Shawn suggests that the court erred because it ordered the psychological evaluation without questioning its necessity, and failed fully to comply with sec.”
Interest of G.B.K. v. State, 376 N.W.2d 385 (Wis. Ct. App. 1985). “Second, sec. 48.295(2), Stats., which outlines the procedures to be used when a child is not competent to proceed, is inconclusive on the question of whether juvenile proceedings must be dismissed upon a finding of incompetency.”
Interest of T.M.J. v. State, 327 N.W.2d 198 (Wis. Ct. App. 1982). “Section 48.295(1), Stats., discusses the discretionary nature of the decision, providing in part: (1) After the filing of a petition and upon a finding by the court that reasonable cause exists to warrant an examination, the court may order any child coming within its…”
State v. A. L., 2017 WI App 72 (Wis. Ct. App. 2017). “These revisions were made to Wis. Stat. §§ 48.295 (2) and 48.30(5) (1993-94), which were later renumbered under the Juvenile Justice Code as Wis.”
Waukesha Cnty. v. DARLENE R., 549 N.W.2d 489 (Wis. Ct. App. 1996). “On February 3, the County filed its notice of motion and motion asking the juvenile court to order a psychological examination of Darlene pursuant to § 48.295(1), Stats. The notice of motion scheduled the hearing for February 18.”
S.N. v. State, 407 N.W.2d 562 (Wis. Ct. App. 1987). “’s history of psychological problems and attempts at treatment and concluded from this inadequate evidence that little realistic potential existed for response to future treatment efforts in the juvenile system. *277 Again, the record does not reflect a contemporaneous challenge…”
In Interest of SN, 407 N.W.2d 562 (Wis. Ct. App. 1987). “'s history of psychological problems and attempts at treatment and concluded from this inadequate evidence that little realistic potential existed for response to future treatment efforts in the juvenile system. *277 [4] Again, the record does not reflect a contemporaneous…”
State v. T.M. (Wis. Ct. App. 2022). “§ 48.295 specifically as part of these TPR proceedings.”
— Wis. Stat. § 48.295(1) — 5 cases
In Interest of Shawn BN, 497 N.W.2d 141 (Wis. Ct. App. 1992). “295 or a hearing related to the child's mental condition, prehearing motions, waiver motions and hearings on other matters. Shawn suggests that the court erred because it ordered the psychological evaluation without questioning its necessity, and failed fully to comply with sec.”
Interest of T.M.J. v. State, 327 N.W.2d 198 (Wis. Ct. App. 1982). “Section 48.295(1), Stats., discusses the discretionary nature of the decision, providing in part: (1) After the filing of a petition and upon a finding by the court that reasonable cause exists to warrant an examination, the court may order any child coming within its…”
Waukesha Cnty. v. DARLENE R., 549 N.W.2d 489 (Wis. Ct. App. 1996). “On February 3, the County filed its notice of motion and motion asking the juvenile court to order a psychological examination of Darlene pursuant to § 48.295(1), Stats. The notice of motion scheduled the hearing for February 18.”
S.N. v. State, 407 N.W.2d 562 (Wis. Ct. App. 1987). “’s history of psychological problems and attempts at treatment and concluded from this inadequate evidence that little realistic potential existed for response to future treatment efforts in the juvenile system. *277 Again, the record does not reflect a contemporaneous challenge…”
In Interest of SN, 407 N.W.2d 562 (Wis. Ct. App. 1987). “'s history of psychological problems and attempts at treatment and concluded from this inadequate evidence that little realistic potential existed for response to future treatment efforts in the juvenile system. *277 [4] Again, the record does not reflect a contemporaneous…”
— Wis. Stat. § 48.295(2) — 1 case
Interest of G.B.K. v. State, 376 N.W.2d 385 (Wis. Ct. App. 1985). “Second, sec. 48.295(2), Stats., which outlines the procedures to be used when a child is not competent to proceed, is inconclusive on the question of whether juvenile proceedings must be dismissed upon a finding of incompetency.”
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