Section 81.05. Placement in non-secure or secure detention.

 

(1)   Authority .

(a) Notwithstanding ss. 938.19 to 938.21 , Stats., but subject to any written policies adopted by the court or the county board, a youth's assigned caseworker may, without a hearing, take the youth into custody and place the youth in a place of non-secure custody for not more than 30 days as crisis intervention, if the youth is in need of crisis intervention. The placement may be made only if the court at the dispositional hearing informed the youth of the possibility of that placement or if before the violation the youth has acknowledged in writing that he or she has read, or has had read to him or her, those conditions and that possible placement and that he or she understands those conditions and that possible placement.

(b) Notwithstanding ss. 938.19 to 938.21 , Stats., but subject to any written policies adopted by the court or the county board, if a youth violates a rule or condition of the youth's participation in the ISP, the youth's assigned caseworker may, without a hearing, take the youth into custody and place the youth in a secure detention facility for not more than 72 hours as a consequence of that violation or while the alleged violation and the appropriateness of a sanction are being investigated, if at the dispositional hearing the court explained those conditions to the youth and informed the youth of the possibility of that placement or if before the violation the youth has acknowledged in writing that he or she has read, or has had read to him or her, those conditions and that possible placement and that he or she understands those conditions and that possible placement. Investigation of the violation includes inquiry into the facts of the violation and the appropriateness or availability of a proposed response to the violation.

(2)   Informing and transporting the youth.

(a) An assigned caseworker making the decision to place a youth in a non-secure or secure facility shall promptly inform the youth, the youth's parent(s) or caretaker of the decision to place the youth, the condition or rule the youth violated, when the youth violated the rule, and the reason for the placement decision.

(b) An assigned caseworker shall make arrangements for transporting and admitting a youth to the facility pursuant to county department policy.

(c) A youth may request to speak with the caseworker's supervisor if the youth disagrees with the placement. That request shall be granted within 24 hours, exclusive of Saturdays, Sundays, and legal holidays. A youth's request to speak with a supervisor does not stay the decision to proceed with the placement. During the conversation with the assigned caseworker's supervisor, the youth shall be allowed to make a statement as to why the youth believes the placement to be inappropriate.

Cr. Register, June, 2000, No. 534 , eff. 7-1-00.