AB130-SSA1,48,229
48.299
(4) (b) Except as provided in s. 901.05, neither common law nor
10statutory rules of evidence are binding at
a waiver hearing under s. 48.18, a hearing
11for a child held in custody under s. 48.21, a runaway home hearing under s. 48.227
12(4),
a hearing under s. 48.296 (4) for a child who is alleged to have violated s. 940.225,
13948.02, 948.025, 948.05 or 948.06, a dispositional hearing, or a hearing about
14changes in placement, revision of dispositional orders or extension of dispositional
15orders. At those hearings, the court shall admit all testimony having reasonable
16probative value, but shall exclude immaterial, irrelevant or unduly repetitious
17testimony or evidence that is inadmissible under s. 901.05. Hearsay evidence may
18be admitted if it has demonstrable circumstantial guarantees of trustworthiness.
19The court shall give effect to the rules of privilege recognized by law. The court shall
20apply the basic principles of relevancy, materiality and probative value to proof of all
21questions of fact. Objections to evidentiary offers and offers of proof of evidence not
22admitted may be made and shall be noted in the record.
AB130-SSA1,49,924
48.30
(1) Except as provided in this subsection, the hearing
to determine the
25child's plea to a citation or a petition under s. 48.12, 48.125 or 48.13 (12), or to
1determine whether any party wishes to contest an allegation that the child is in need
2of protection or services
, shall take place on a date which allows reasonable time for
3the parties to prepare but is within 30 days after the filing of a petition
or issuance
4of a citation for a child who is not being held in secure custody or within 10 days after
5the filing of a petition
or issuance of a citation for a child who is being held in secure
6custody.
In a municipal court operated jointly by 2 or more cities, towns or villages
7under s. 755.01 (4), the hearing to determine the child's plea shall take place within
845 days after the filing of a petition or issuance of a citation for a child who is not being
9held in secure custody.
AB130-SSA1,49,2011
48.30
(2) At the commencement of the hearing under this section the child and
12the parent, guardian or legal custodian shall be advised of their rights as specified
13in s. 48.243 and shall be informed that a request for a jury trial or for a substitution
14of judge under s. 48.29 must be made before the end of the plea hearing or be waived
,
15except where the child is before the court on a uniform municipal citation, issued
16under ch. 800 in which case the court shall inform the child that a request for a jury
17trial may be made at any time prior to the fact-finding hearing and within 20 days
18after the plea hearing. Nonpetitioning parties, including the child, shall be granted
19a continuance of the plea hearing if they wish to consult with an attorney on the
20request for a jury trial or substitution of a judge.
AB130-SSA1,49,2522
48.30
(3) If a petition alleges that a child is in need of protection or services
23under s. 48.13
(1) to (11), the nonpetitioning parties and the child, if he or she is 12
24years of age or older or is otherwise competent to do so, shall state whether they
25desire to contest the petition.
AB130-SSA1,50,184
48.30
(6) If a petition is not contested, the court shall set a date for the
5dispositional hearing which allows reasonable time for the parties to prepare but is
6no more than 10 days from the plea hearing for the child who is held in secure custody
7and no more than 30 days from the plea hearing for a child who is not held in secure
8custody. If it appears to the court that disposition of the case may include placement
9of the child outside the child's home, the court shall order the child's parent to provide
10a statement of income, assets, debts and living expenses to the court or the
11designated agency under s. 48.33 (1) at least 5 days before the scheduled date of the
12dispositional hearing or as otherwise ordered by the court. The clerk of court shall
13provide, without charge, to any parent ordered to provide a statement of income,
14assets, debts and living expenses a document setting forth the percentage standard
15established by the department under s. 46.25 (9) and listing the factors that a court
16may consider under s. 46.10 (14) (c). If all parties consent the court may proceed
17immediately with the dispositional hearing.
If a citation is not contested, the court
18may proceed immediately to enter a dispositional order.
AB130-SSA1,50,2420
48.30
(7) If the
citation or the petition is contested, the court shall set a date
21for the fact-finding hearing which allows reasonable time for the parties to prepare
22but is no more than 20 days from the plea hearing for a child who is held in secure
23custody and no more than 30 days from the plea hearing for a child who is not held
24in secure custody.
AB130-SSA1,51,3
148.30
(8) Except when a child fails to appear in response or stipulates to a
2citation before Before accepting an admission or plea of no contest of the alleged facts
3in a petition
or citation, the court shall:
AB130-SSA1,51,64
(a) Address the parties present including the child personally and determine
5that the plea or admission is made voluntarily with understanding of the nature of
6the acts alleged in the petition
or citation and the potential dispositions.
AB130-SSA1,51,107
(b) Establish whether any promises or threats were made to elicit
a plea the
8plea or admission and alert unrepresented parties to the possibility that a lawyer
9may discover defenses or mitigating circumstances which would not be apparent to
10them.
AB130-SSA1,51,1211
(c) Make such inquiries as satisfactorily establishes that there is a factual basis
12for the
child's plea or parent parent's and child's
plea or admission.
AB130-SSA1,51,1714
48.30
(9) If a court commissioner conducts the plea hearing and accepts an
15admission of the alleged facts in a petition brought under s.
48.12 or 48.13, the judge
16shall review the admission at the beginning of the dispositional hearing by
17addressing the parties and making the inquires set forth in sub. (8).
AB130-SSA1,51,2119
48.30
(10) The court may permit any party to participate in hearings under this
20section by telephone or live audio-visual means
except a child who intends to admit
21the facts of a delinquency petition.
AB130-SSA1,52,223
48.31
(1) In this section, "fact-finding hearing" means
a hearing to determine
24if the allegations of a petition under s. 48.12 or 48.13 (12) are supported beyond a
25reasonable doubt or a hearing to determine if the allegations in a petition
or citation
1under s.
48.125 or 48.13
(1) to (11) or a petition to terminate parental rights are
2proved by clear and convincing evidence.
AB130-SSA1,52,154
48.31
(2) The hearing shall be to the court unless the child, parent, guardian
5or legal custodian exercises the right to a jury trial by demanding a jury trial at any
6time before or during the plea hearing. Chapters 756 and 805 shall govern the
7selection of jurors
except that ss. 972.03 and 972.04 shall apply in cases in which the
8juvenile is alleged to be delinquent under s. 48.12. If the hearing involves a child
9victim or witness, as defined in s. 950.02, the court may order the taking and allow
10the use of a videotaped deposition under s. 967.04 (7) to (10) and, with the district
11attorney, shall comply with s. 971.105. At the conclusion of the hearing, the court or
12jury shall make a determination of the facts. If the court finds that the child is not
13within the jurisdiction of the court or the court or jury finds that the facts alleged in
14the petition
or citation have not been proved, the court shall dismiss the petition
or
15citation with prejudice.
AB130-SSA1,53,1017
48.31
(4) The court or jury shall make findings of fact and the court shall make
18conclusions of law relating to the allegations of a petition filed under s. 48.13
(1) to
19(11m). In cases alleging a child to be in need of protection or services under s. 48.13
20(11), the court shall not find that the child is suffering serious emotional damage
21unless a licensed physician specializing in psychiatry or a licensed psychologist
22appointed by the court to examine the child has testified at the hearing that in his
23or her opinion the condition exists, and adequate opportunity for the
24cross-examination of the physician or psychologist has been afforded. The judge
25may use the written reports if the right to have testimony presented is voluntarily,
1knowingly and intelligently waived by the guardian ad litem or legal counsel for the
2child and the parent or guardian. In cases alleging a child to be in need of protection
3and services under s. 48.13 (11m), the court shall not find that the child is in need
4of treatment and education for needs and problems related to the use or abuse of
5alcohol beverages or controlled substances and its medical, personal, family or social
6effects unless an assessment for alcohol and other drug abuse that conforms to the
7criteria specified under s. 48.547 (4) has been conducted by an approved treatment
8facility.
In cases alleging a child delinquent or in need of protection or services under
9s. 48.13 (12) the court shall make findings relating to the proof of the violation of law
10and to the proof that the child named in the petition committed the violation alleged.
AB130-SSA1,53,2312
48.32
(1) At any time after the filing of a petition for a proceeding relating to
13s.
48.12 or 48.13 and before the entry of judgment, the judge or juvenile court
14commissioner may suspend the proceedings and place the child under supervision
15in the child's own home or present placement. The court may establish terms and
16conditions applicable to the parent, guardian or legal custodian, and to the child
,
17including any conditions specified in subs. (1d), (1g) and (1t). The order under this
18section shall be known as a consent decree and must be agreed to by the child if 12
19years of age or older; the parent, guardian or legal custodian; and the person filing
20the petition under s. 48.25.
If the consent decree includes any conditions specified
21in sub. (1g), the consent decree shall include provisions for payment of the services
22as specified in s. 48.361. The consent decree shall be reduced to writing and given
23to the parties.
AB130-SSA1,54,86
48.32
(2) (a)
Except as provided in par. (b), a A consent decree shall remain in
7effect up to 6 months unless the child, parent, guardian or legal custodian is
8discharged sooner by the judge or juvenile court commissioner.
AB130-SSA1,54,1512
48.32
(5) (a) The court refuses to enter into a consent decree and the allegations
13in the petition remain to be decided in a hearing where
the child denies the
14allegations of delinquency or one of the parties denies the allegations forming the
15basis for a child in need of protection or services petition; or
AB130-SSA1,54,1817
48.32
(5) (b) A consent decree is granted but the petition under s.
48.12 or 48.13
18is subsequently reinstated.
AB130-SSA1,54,2421
48.33
(1) Report required. (intro.) Before the disposition of a child adjudged
22to be
delinquent or in need of protection or services the court shall designate an
23agency, as defined in s. 48.38 (1) (a), to submit a report which shall contain all of the
24following:
AB130-SSA1, s. 228
1Section
228. 48.33 (3) of the statutes, as affected by 1993 Wisconsin Acts 385
2and 481, is repealed.
AB130-SSA1,55,106
48.33
(4m) Support recommendations; information to parents. (intro.) In
7making a recommendation for an amount of child support under sub.
(3) or (4), the
8agency shall consider the factors that the court considers under s. 46.10 (14) (c) for
9deviation from the percentage standard. Prior to the dispositional hearing under s.
1048.335, the agency shall provide the child's parent with all of the following:
AB130-SSA1,55,1814
48.335
(1) The court shall conduct a hearing to determine the disposition of a
15case in which a child is adjudged
to be delinquent under s. 48.12, to have violated a
16civil law or ordinance under s. 48.125 or to be in need of protection or services under
17s. 48.13
, except the court shall proceed as provided by s. 48.237 (2) if a citation is
18issued and the child fails to contest the citation.
AB130-SSA1, s. 234
20Section
234. 48.34 (intro.) of the statutes, as affected by 1995 Wisconsin Acts
2122 and 24, is repealed.
AB130-SSA1,56,5
148.345
(2) Place the child under supervision of an agency, the department
of
2corrections, if the department
of corrections approves, or a suitable adult, including
3a friend of the child, under conditions prescribed by the judge including reasonable
4rules for the child's conduct, designed for the physical, mental and moral well-being
5and behavior of the child.
AB130-SSA1,56,158
48.345
(2m) Place the child in the child's home under the supervision of an
9agency
, or the department
of health and social services, if the child is in need of
10protection or services and that, if the department approves,
or the department of
11corrections, if the child is delinquent and that department approves, and order the
12agency or department to provide specified services to the child and the child's family,
13which may include but are not limited to individual, family or group counseling,
14homemaker or parent aide services, respite care, housing assistance, day care or
15parent skills training.
AB130-SSA1, s. 257
19Section
257. 48.34 (10) (title) of the statutes is renumbered 48.345 (10) (title).
AB130-SSA1, s. 259
22Section
259. 48.34 (10) (b) of the statutes is renumbered 48.345 (10) (b).
AB130-SSA1, s. 260
23Section
260. 48.34 (10) (c) of the statutes is renumbered 48.345 (10) (c).
