AB130-SSA1,28,1715
48.20
(2) (ag) Except as provided in pars. (b) to
(g) (d), a person taking a child
16into custody shall make every effort to release the child immediately to the child's
17parent, guardian or legal custodian.
AB130-SSA1,29,924
48.20
(3) If the child is released under sub. (2) (b) to (d)
or (g), the person who
25took the child into custody shall immediately notify the child's parent, guardian and
1legal custodian of the time and circumstances of the release and the person, if any,
2to whom the child was released. If the child is not released under sub. (2), the person
3who took the child into custody shall arrange in a manner determined by the court
4and law enforcement agencies for the child to be interviewed by the intake worker
5under s. 48.067 (2), and shall make a statement in writing with supporting facts of
6the reasons why the child was taken into physical custody and shall give any child
712 years of age or older a copy of the statement in addition to giving a copy to the
8intake worker. When the intake interview is not done in person, the report may be
9read to the intake worker.
AB130-SSA1,29,1511
48.20
(7) (a) When a child is interviewed by an intake worker, the intake worker
12shall inform any child
possibly involved in a delinquent act of his or her right to
13counsel and the right against self-incrimination. If the child
who is alleged to be in
14need of protection or services and
who is 12 years of age or older
, the intake worker
15shall inform the child of his or her right to counsel.
AB130-SSA1,30,1320
48.20
(8) If a child is held in custody, the intake worker shall notify the child's
21parent, guardian and legal custodian of the reasons for holding the child in custody
22and of the child's whereabouts unless there is reason to believe that notice would
23present imminent danger to the child. If a child who has violated the terms of
24aftercare supervision administered by the department of corrections or a county
25department is held in custody, the intake worker shall also notify the department of
1corrections or county department, whichever has supervision over the child, of the
2reasons for holding the child in custody, of the child's whereabouts and of the time
3and place of the detention hearing required under s. 48.21. The parent, guardian and
4legal custodian shall also be notified of the time and place of the detention hearing
5required under s. 48.21, the nature and possible consequences of that hearing, and
6the right to present and cross-examine witnesses at the hearing. If the parent,
7guardian or legal custodian is not immediately available, the intake worker or
8another person designated by the court shall provide notice as soon as possible.
9When the child is alleged to be in need of protection or services and is 12 years of age
10or older,
or is alleged to have committed a delinquent act, the child shall receive the
11same notice about the detention hearing as the parent, guardian or legal custodian.
12The intake worker shall notify both the child and the child's parent, guardian or legal
13custodian.
AB130-SSA1,30,1715
48.205
(1) (a) Probable cause exists to believe that if the child is not held he or
16she will
commit injury to the person or property of others or cause injury to himself
17or herself or be subject to injury by others;
AB130-SSA1,30,2320
48.205
(1) (c) Probable cause exists to believe that the child will run away or
21be taken away so as to be unavailable for proceedings of the court or its officers or
22proceedings of the division of hearings and appeals in the department of
23administration for revocation of aftercare
or corrective sanctions supervision.
AB130-SSA1, s. 121
24Section
121. 48.205 (1) (c) of the statutes, as affected by 1995 Wisconsin Acts
2527, section 2436p, and .... (this act), is repealed and recreated to read:
AB130-SSA1,31,2
148.205
(1) (c) Probable cause exists to believe that the child will run away or
2be taken away so as to be unavailable for proceedings of the court or its officers.
AB130-SSA1,31,115
48.208
(1) Probable cause exists to believe that the child has committed a
6delinquent act and either presents a substantial risk of physical harm to another
7person or a substantial risk of running away as evidenced by a previous act or
8attempt so as to be unavailable for a court hearing or a revocation hearing for
9children on aftercare
or corrective sanctions supervision. For children on aftercare
10or corrective sanctions supervision, the delinquent act referred to in this section may
11be the act for which the child was placed in a secured correctional facility.
AB130-SSA1, s. 123
12Section
123. 48.208 (1) of the statutes, as affected by 1995 Wisconsin Acts 27
13and .... (this act), is repealed.
AB130-SSA1,32,418
48.21
(1) (a) If a child who has been taken into custody is not released under
19s. 48.20, a hearing to determine whether the child shall continue to be held in custody
20under the criteria of ss. 48.205 to 48.209 shall be conducted by the judge or juvenile
21court commissioner within 24 hours of the time the decision to hold the child was
22made, excluding Saturdays, Sundays and legal holidays. By the time of the hearing
23a petition under s. 48.25 shall be filed, except that no petition need be filed where a
24child is taken into custody under s. 48.19 (1) (b) or (d) 2.
, 6. or 7. or where the child
25is a runaway from another state, in which case a written statement of the reasons
1for holding a child in custody shall be substituted if the petition is not filed. If no
2hearing has been held within 24 hours or if no petition or statement has been filed
3at the time of the hearing, the child shall be released except as provided in par. (b).
4A parent not present at the hearing shall be granted a rehearing upon request.
AB130-SSA1,32,107
48.21
(3) Proceedings concerning children in need of protection or
8services. (intro.) Proceedings concerning a child who comes within the jurisdiction
9of the court under s. 48.13
(1) to (5) or (8) to (11) shall be conducted according to this
10subsection.
AB130-SSA1,32,1816
48.227
(4) (b) If, in addition to jurisdiction under par. (c), the court has
17jurisdiction over the child under ss.
48.12 48.13 to 48.14, excluding s. 48.14 (8),
or
18under ss. 938.12 to 938.14, a hearing may be held under s. 48.21
or 938.21.
AB130-SSA1,33,720
48.227
(4) (e) 2. That, with the consent of the child and the runaway home, the
21child remain in the care of the runaway home for a period of not more than 20 days.
22Without further proceedings, the child shall be released whenever the child
23indicates, either by statement or conduct, that he or she wishes to leave the home or
24whenever the runaway home withdraws its consent. During this time period not to
25exceed 20 days ordered by the court, the child's parent, guardian or legal custodian
1may not remove the child from the home but may confer with the child or with the
2person operating the home. If, at the conclusion of the time period ordered by the
3court the child has not left the home, and no petition concerning the child has been
4filed under s.
48.12 or 48.13
, 938.12 or 938.13, the child shall be released from the
5home. If a petition concerning the child has been filed under s.
48.12 or 48.13
, 938.12
6or 938.13, the child may be held in temporary physical custody under ss. 48.20 to
748.21
or 938.20 to 938.21.
AB130-SSA1,33,1710
48.23
(1) (a) Any child
alleged to be delinquent under s. 48.12 or held in a secure
11detention facility shall be represented by counsel at all stages of the proceedings, but
12a child 15 years of age or older may waive counsel if the court is satisfied that the
13waiver is knowingly and voluntarily made and the court accepts the waiver.
If the
14waiver is accepted, the court may not place the child in a secured correctional facility,
15transfer supervision of the child to the department of corrections for participation in
16the serious juvenile offender program or transfer jurisdiction over the child to adult
17court.
AB130-SSA1,34,1823
48.23
(4) Providing counsel. In any situation under this section in which a
24person has a right to be represented by counsel or is provided counsel at the
25discretion of the court and counsel is not knowingly and voluntarily waived, the court
1shall refer the person to the state public defender and counsel shall be appointed by
2the state public defender under s. 977.08 without a determination of indigency. If the
3referral is of a person who has filed a petition under s. 48.375 (7), the state public
4defender shall appoint counsel within 24 hours after that referral. Any counsel
5appointed in a petition filed under s. 48.375 (7) shall continue to represent the child
6in any appeal brought under s. 809.105 unless the child requests substitution of
7counsel or extenuating circumstances make it impossible for counsel to continue to
8represent the child. In any situation under sub. (2) in which a parent 18 years of age
9or older is entitled to representation by counsel; counsel is not knowingly and
10voluntarily waived; and it appears that the parent is unable to afford counsel in full,
11or the parent so indicates; the court shall refer the parent to the authority for
12indigency determinations specified under s. 977.07 (1). In any other situation under
13this section in which a person has a right to be represented by counsel or is provided
14counsel at the discretion of the court, competent and independent counsel shall be
15provided and reimbursed in any manner suitable to the court regardless of the
16person's ability to pay
, except that the court may not order a person who files a
17petition under s. 813.122 or 813.125 to reimburse counsel for the child who is named
18as the respondent in that petition.
AB130-SSA1,35,221
48.24
(1) Except where a citation has been issued under s. 48.17 (2),
22information Information indicating that a child should be referred to the court as
23delinquent, in need of protection or services
or in violation of a civil law or a county,
24town or municipal ordinance shall be referred to the intake worker, who shall
25conduct an intake inquiry on behalf of the court to determine whether the available
1facts establish prima facie jurisdiction and to determine the best interests of the child
2and of the public with regard to any action to be taken.
AB130-SSA1,35,85
48.24
(2m) (a) 2. Any child alleged to be
delinquent or in need of protection and
6services who has at least 2 prior adjudications for a violation of s. 125.07 (4) (a) or
7(b), 125.085 (3) (b) or 125.09 (2) or a local ordinance that strictly conforms to any of
8those sections.
AB130-SSA1,36,311
48.24
(5) The intake worker shall recommend that a petition be filed, enter into
12an informal disposition or close the case within 40 days or sooner of receipt of referral
13information. If the case is closed or an informal disposition is entered into, the
14district attorney, corporation counsel or other official under s. 48.09 shall receive
15written notice of such action.
A notice of informal disposition of an alleged
16delinquency case shall include a summary of facts surrounding the allegation and
17a list of prior intake referrals and dispositions. If a law enforcement officer has made
18a recommendation concerning the child, the intake worker shall forward this
19recommendation to the district attorney, corporation counsel or other official under
20s. 48.09. With respect to petitioning a child to be in need of protection or services,
21information received more than 40 days before filing the petition may be included to
22establish a condition or pattern which, together with information received within the
2340-day period, provides a basis for conferring jurisdiction on the court.
24Notwithstanding the requirements of this section, the district attorney may initiate
25a delinquency petition under s. 48.25 within 20 days after notice that the case has
1been closed or that an informal disposition has been made. The judge shall dismiss
2with prejudice any such petition which is not referred or filed within the time limits
3specified within this subsection.
AB130-SSA1,36,106
48.243
(1) (intro.) Before conferring with the parent or child during the intake
7inquiry, the intake worker shall personally inform
a child alleged to have committed
8a delinquent act, and parents and children 12 years of age or older who are the focus
9of an inquiry regarding the need for protection or services
, that the referral may
10result in a petition to the court and:
AB130-SSA1,36,1413
48.243
(1) (b) The nature and possible consequences of the proceedings
14including the provisions of ss. 48.17 and 48.18 if applicable;
AB130-SSA1,36,1916
48.243
(1) (c) The right to remain silent and the fact that
in a delinquency
17proceeding the silence of the child shall not be adversely considered by the court or
18jury, although silence of any party may be relevant
in any nondelinquency
19proceeding;
AB130-SSA1,36,2421
48.243
(1) (h) The right to have the allegations of the petition proved by clear
22and convincing evidence
unless the child comes within the court's jurisdiction under
23s. 48.12 or 48.13 (12), in which case the standard of proof shall be beyond a reasonable
24doubt.
AB130-SSA1,37,82
48.245
(1) The intake worker may enter into a written agreement with all
3parties which imposes informal disposition under this section if the intake worker
4has determined that neither the interests of the child nor of the public require filing
5of a petition for circumstances relating to ss.
48.12
48.13 to 48.14. Informal
6disposition shall be available only if the facts persuade the intake worker that the
7jurisdiction of the court, if sought, would exist and upon consent of the child, parent,
8guardian and legal custodian.
AB130-SSA1,37,1413
48.245
(2) (b) Informal disposition may not include any form of residential
14placement and may not exceed 6 months
, except as provided under sub. (2m).
AB130-SSA1,38,420
48.245
(7) If at any time during the period of informal disposition the intake
21worker determines that the obligations imposed under it are not being met, the
22intake worker may cancel the informal disposition. Within 10 days after the
23cancellation of the informal disposition, the intake worker shall notify the district
24attorney, corporation counsel or other official under s. 48.09 of the cancellation and
25recommend whether or not a petition should be filed.
In delinquency cases, the
1district attorney may initiate a petition within 20 days after the date of the notice
2regardless of whether the intake worker has recommended that a petition be filed. 3The judge shall dismiss with prejudice any petition which is not filed within the time
4limit specified in this subsection.
AB130-SSA1,38,106
48.245
(8) If the obligations imposed under the informal disposition are met,
7the intake worker shall so inform the child and a parent, guardian and legal
8custodian in writing, and no petition may be filed
or citation issued on the charges
9that brought about the informal disposition nor may the charges be the sole basis for
10a petition under ss. 48.13 to 48.14.
AB130-SSA1,38,2112
48.25
(1) A petition initiating proceedings under this chapter shall be signed
13by a person who has knowledge of the facts alleged or is informed of them and
14believes them to be true.
If a petition under s. 48.12 is to be filed, it shall be prepared,
15signed and filed by the district attorney. The district attorney,
city attorney or 16corporation counsel or other appropriate official specified under s. 48.09 may file the
17petition if the proceeding is under s.
48.125 or 48.13. The counsel or guardian ad
18litem for a parent, relative, guardian or child may file a petition under s. 48.13 or
1948.14. The district attorney, corporation counsel or other appropriate person
20designated by the court may initiate proceedings under s. 48.14 in a manner specified
21by the court.
AB130-SSA1, s. 163
22Section
163. 48.25 (2) (a) of the statutes is renumbered 48.25 (2) and amended
23to read:
AB130-SSA1,39,1724
48.25
(2) If the proceeding is brought under s.
48.12, 48.125 or 48.13, the
25district attorney, corporation counsel or other appropriate official shall file the
1petition, close the case, or refer the case back to intake within 20 days after the date
2that the intake worker's recommendation was filed. A referral back to intake may
3be made only when the district attorney, corporation counsel or other appropriate
4official decides not to file a petition or determines that further investigation is
5necessary. If the case is referred back to intake upon a decision not to file a petition,
6the intake worker shall close the case or enter into an informal disposition within 20
7days. If the case is referred back to intake for further investigation, the appropriate
8agency or person shall complete the investigation within 20 days. If another referral
9is made to the district attorney, corporation counsel or other appropriate official, it
10shall be considered a new referral to which the time limits of this subsection shall
11apply. The time limits in this subsection may only be extended by a judge upon a
12showing of good cause under s. 48.315. If a petition is not filed within the time
13limitations set forth in this subsection and the court has not granted an extension,
14the petition shall be accompanied by a statement of reasons for the delay. The court
15shall dismiss with prejudice a petition which was not timely filed unless the court
16finds at the plea hearing that good cause has been shown for failure to meet the time
17limitations.
AB130-SSA1,39,2420
48.25
(3) If the district attorney,
city attorney or corporation counsel or other
21appropriate official specified in s. 48.09 refuses to file a petition, any person may
22request the judge to order that the petition be filed and a hearing shall be held on the
23request. The judge may order the filing of the petition on his or her own motion. The
24matter may not be heard by the judge who orders the filing of a petition.
