Tribe: Menominee Indian Tribe of Wisconsin
§ 278-168 Release or delivery from temporary custody.
A.
A law enforcement officer taking a child into temporary custody shall, with all reasonable speed:
(1)
Release the child to parent(s), guardian(s) or caretaker(s) and issue verbal counsel or warning as may be appropriate; or
(2)
Release the child to the parent(s), guardian(s) or caretaker(s) upon a written agreement to bring the child before the Court when requested; or
(3)
Deliver the child to the Department or to a detention facility.
B.
If the child is believed to be suffering from a serious physical or mental condition or illness which requires either prompt treatment and/or diagnosis, the child shall be transported to a medical facility.
C.
If a child is taken into custody and is not released, written notice shall be given to the parent(s), guardian(s) or caretaker(s) by delivering notice to the child’s normal place of residence, no later than 72 hours, and shall provide reason(s) for not releasing the child from custody.
D.
An alleged delinquent child may be detained only in:
(1)
A licensed foster home or a home approved by the Department, which may be a public or private home or the home of a noncustodial parent, or a relative or like kin; or
(2)
A juvenile residential care facility; or
(3)
A secure juvenile detention facility designated by the Department or the Court; or
(4)
A residential treatment facility, detoxification facility, or halfway house, if there is evidence of recent or ongoing alcohol or substance abuse by the child, and:
(a)
There is clear and convincing evidence that such place is necessary to avert a substantial risk to the health or welfare of the child; or
(b)
Detention is otherwise necessary and authorize under this article, and the child requests or agrees to such placement in lieu of a more restrictive placement.
(5)
Any suitable place designated by the Court that meets the definition for detention facilities under this chapter.
(6)
Detention in a secure juvenile detention facility shall in all cases be subject to the time limits set forth in the subsection below listing the limitations of detention at disposition.
E.
Unless detention of the child has already been ordered by the Court, the Department, prior to placing the child in detention, shall review the need for detention and shall release the child from custody unless detention is appropriate under the criteria established by this article. If detention appears inappropriate, the Department shall request the Court to review its decision.
F.
A child alleged to be delinquent shall not be detained in a jail or other facility intended or used for the incarceration of adults.
G.
A child under the age of 10 years of age shall not be committed to a detention facility but shall be delivered to the Department who shall assess the child based on his/her observations for the following:
(1)
The child’s home environment for the ability of a responsible adult person.
(2)
The current emotional stability of the child.
(3)
The physical condition(s) of the child.
(4)
The nature of the allegation(s).
(5)
The suitable place to alleviate placement in a detention facility.
(6)
Determine whether or not dependency, CHIPS, or JIPS action is appropriate.
(7)
Potential for violent behavior by the child.