938.45 Orders applicable to adults.
SUBCHAPTER X
REHEARING AND APPEAL
938.47 Motion for postdisposition relief and appeal.
SUBCHAPTER XI
AUTHORITY
938.48 Authority of department.
938.49 Notification by court of placement with department; information for department.
938.50 Examination of juveniles under supervision of department.
938.505 Juveniles placed under correctional supervision.
938.51 Notification of release or escape of juvenile from correctional custody or supervision.
938.52 Facilities for care of juveniles in care of department.
938.53 Duration of control of department over delinquents.
938.533 Corrective sanctions.
938.534 Intensive supervision program.
938.535 Early release and intensive supervision program; limits.
938.538 Serious juvenile offender program.
938.547 Juvenile alcohol and other drug abuse pilot program.
938.548 Multidisciplinary screen and assessment criteria.
938.549 Juvenile classification system.
SUBCHAPTER XII
COUNTY JUVENILE WELFARE SERVICES
938.57 Powers and duties of county departments providing juvenile welfare services.
938.59 Examination and records.
938.595 Duration of control of county departments over delinquents.
SUBCHAPTER XVII
GENERAL PROVISIONS ON RECORDS
938.78 Confidentiality of records.
SUBCHAPTER XVIII
COMMUNITY SERVICES
938.795 Powers of the department.
SUBCHAPTER XX
MISCELLANEOUS PROVISIONS
938.988 Interstate placement of juveniles.
938.991 Interstate compact on juveniles.
938.993 Juvenile compact administrator.
938.994 Supplementary agreements.
938.995 Financial arrangements.
938.997 Responsibilities of state departments, agencies and officers.
938.998 Rendition of juveniles alleged to be delinquent.
938.9985 Renunciation of Interstate Compact on Juveniles.
938.999 Interstate Compact for Juveniles.
938.9995 Expediting interstate placements of juveniles.
GENERAL PROVISIONS
938.01
938.01
Title, legislative intent and purposes. 938.01(1)
(1)
Title. This chapter may be cited as "The Juvenile Justice Code", and shall be liberally construed in accordance with the objectives expressed in this section.
938.01(2)
(2) Legislative intent. It is the intent of the legislature to promote a juvenile justice system capable of dealing with the problem of juvenile delinquency, a system which will protect the community, impose accountability for violations of law and equip juvenile offenders with competencies to live responsibly and productively. To effectuate this intent, the legislature declares the following to be equally important purposes of this chapter:
938.01(2)(b)
(b) To hold each juvenile offender directly accountable for his or her acts.
938.01(2)(c)
(c) To provide an individualized assessment of each alleged and adjudicated delinquent juvenile, in order to prevent further delinquent behavior through the development of competency in the juvenile offender, so that he or she is more capable of living productively and responsibly in the community.
938.01(2)(d)
(d) To provide due process through which each juvenile offender and all other interested parties are assured fair hearings, during which constitutional and other legal rights are recognized and enforced.
938.01(2)(e)
(e) To divert juveniles from the juvenile justice system through early intervention as warranted, when consistent with the protection of the public.
938.01(2)(f)
(f) To respond to a juvenile offender's needs for care and treatment, consistent with the prevention of delinquency, each juvenile's best interest and protection of the public, by allowing the court to utilize the most effective dispositional option.
938.01(2)(g)
(g) To ensure that victims and witnesses of acts committed by juveniles that result in proceedings under this chapter are, consistent with this chapter and the Wisconsin constitution, afforded the same rights as victims and witnesses of crimes committed by adults, and are treated with dignity, respect, courtesy, and sensitivity throughout those proceedings.
938.01(3)
(3) Indian juvenile welfare; declaration of policy. In Indian juvenile custody proceedings, the best interests of the Indian juvenile shall be determined in accordance with the federal Indian Child Welfare Act,
25 USC 1901 to
1963, and the policy specified in this subsection. It is the policy of this state for courts and agencies responsible for juvenile welfare to do all of the following:
938.01(3)(a)
(a) Cooperate fully with Indian tribes in order to ensure that the federal Indian Child Welfare Act is enforced in this state.
938.01(3)(b)
(b) Protect the best interests of Indian juveniles and promote the stability and security of Indian tribes and families by doing all of the following:
938.01(3)(b)1.
1. Establishing minimum standards for the removal of Indian juveniles from their families and the placement of those juveniles in out-of-home care placements that will reflect the unique value of Indian culture.
938.01(3)(b)2.
2. Using practices, in accordance with the federal Indian Child Welfare Act,
25 USC 1901 to
1963, this section, and other applicable law, that are designed to prevent the voluntary or involuntary out-of-home care placement of Indian juveniles and, when an out-of-home care placement is necessary, placing an Indian juvenile in a placement that reflects the unique values of the Indian juvenile's tribal culture and that is best able to assist the Indian juvenile in establishing, developing, and maintaining a political, cultural, and social relationship with the Indian juvenile's tribe and tribal community.
938.01 Annotation
The due process standard in juvenile proceedings is fundamental fairness. Basic requirements are discussed. In Interest of D.O.H.
76 Wis. 2d 286,
251 N.W.2d 196 (1976).
938.01 Annotation
Time Ripe for Change. Barry & Ladwig. Wis. Law. Apr. 1996.
938.02
938.02
Definitions. In this chapter:
938.02(1)
(1) "Adult" means a person who is 18 years of age or older, except that for purposes of investigating or prosecuting a person who is alleged to have violated any state or federal criminal law or any civil law or municipal ordinance, "adult" means a person who has attained 17 years of age.
938.02(1p)
(1p) "Alcohol or other drug abuse impairment" means a condition of a person which is exhibited by characteristics of habitual lack of self-control in the use of alcohol beverages, controlled substances or controlled substance analogs to the extent that the person's health is substantially affected or endangered or the person's social or economic functioning is substantially disrupted.
938.02(2g)
(2g) "County department" means a county department under
s. 46.215,
46.22 or
46.23, unless the context requires otherwise.
938.02(2m)
(2m) "Court", when used without further qualification, means the court assigned to exercise jurisdiction under this chapter and
ch. 48 or, when used with reference to a juvenile who is subject to
s. 938.183, a court of criminal jurisdiction or, when used with reference to a juvenile who is subject to
s. 938.17 (2), a municipal court.
938.02(3)
(3) "Court intake worker" means any person designated to provide intake services under
s. 938.067.
938.02(3m)
(3m) "Delinquent" means a juvenile who is 10 years of age or older who has violated any state or federal criminal law, except as provided in
ss. 938.17,
938.18 and
938.183, or who has committed a contempt of court, as defined in
s. 785.01 (1), as specified in
s. 938.355 (6g).
938.02(4)
(4) "Department" means the department of corrections.
938.02(6)
(6) "Foster home" means any facility that is operated by a person required to be licensed by
s. 48.62 (1) and that provides care and maintenance for no more than 4 juveniles or, if necessary to enable a sibling group to remain together, for no more than 6 juveniles or, if the department of children and families promulgates rules permitting a different number of juveniles, for the number of juveniles permitted under those rules.
938.02(7)
(7) "Group home" means any facility operated by a person required to be licensed by the department of children and families under
s. 48.625 for the care and maintenance of 5 to 8 juveniles.
938.02(8)
(8) "Guardian" means the person named by the court having the duty and authority of guardianship.
938.02(8d)
(8d) "Indian" means any person who is a member of an Indian tribe or who is an Alaska native and a member of a regional corporation, as defined in
43 USC 1606.
