AB130, s. 102 19Section 102. 48.10 of the statutes is amended to read:
AB130,54,24 2048.10 Power of the judge to act as intake worker. The duties of the intake
21worker may be carried out from time to time by the judge at his or her discretion, but
22if a recommendation to file a petition is made, a citation is issued or an informal
23disposition is entered into, the judge shall be disqualified from participating further
24in the proceedings.
AB130, s. 103 25Section 103. 48.12 of the statutes is repealed.
AB130, s. 104
1Section 104. 48.125 of the statutes is repealed.
AB130, s. 105 2Section 105. 48.13 (4) of the statutes is amended to read:
AB130,55,53 48.13 (4) Whose parent or guardian signs the petition requesting jurisdiction
4and states that he or she is unable to care for, control or provide necessary special
5treatment or care for the child;
AB130, s. 106 6Section 106. 48.13 (6) of the statutes is repealed.
AB130, s. 107 7Section 107. 48.13 (6m) of the statutes is repealed.
AB130, s. 108 8Section 108. 48.13 (7) of the statutes is repealed.
AB130, s. 109 9Section 109. 48.13 (12) of the statutes is repealed.
AB130, s. 110 10Section 110. 48.13 (14) of the statutes is repealed.
AB130, s. 111 11Section 111. 48.135 (1) of the statutes is amended to read:
AB130,55,1512 48.135 (1) If a child alleged to be delinquent or in need of protection or services
13is before the court and it appears that the child is developmentally disabled, mentally
14ill or drug dependent or suffers from alcoholism, the court may proceed under ch. 51
15or 55.
AB130, s. 112 16Section 112. 48.14 (4) of the statutes is amended to read:
AB130,55,1817 48.14 (4) Proceedings under the interstate compact on juveniles under s.
1848.991 938.991.
AB130, s. 113 19Section 113. 48.15 of the statutes is amended to read:
AB130,56,2 2048.15 Jurisdiction of other courts to determine legal custody. Nothing
21contained in ss. 48.12, 48.13 and 48.14 deprives other courts of the right to determine
22the legal custody of children by habeas corpus or to determine the legal custody or
23guardianship of children if the legal custody or guardianship is incidental to the
24determination of causes pending in the other courts. But the jurisdiction of the court
25assigned to exercise jurisdiction under this chapter and ch. 938 is paramount in all

1cases involving children alleged to come within the provisions of ss. 48.12, 48.13 and
248.14.
AB130, s. 114 3Section 114. 48.17 of the statutes is repealed.
AB130, s. 115 4Section 115. 48.18 of the statutes, as affected by 1993 Wisconsin Act 377, is
5repealed.
AB130, s. 116 6Section 116. 48.183 of the statutes is repealed.
AB130, s. 117 7Section 117. 48.185 (1) of the statutes is amended to read:
AB130,56,168 48.185 (1) Subject to sub. (3), venue Venue for any proceeding under ss. 48.12,
948.125, 48.13, 48.135, and 48.14 (1) to (9) and 48.18 may be in any of the following:
10the county where the child resides, the county where the child is present or, in the
11case of a violation of a state law or a county, town or municipal ordinance, the county
12where the violation occurred. Venue for proceedings brought under subch. VIII is as
13provided in this subsection except where the child has been placed and is living
14outside the home of the child's parent pursuant to a dispositional order, in which case
15venue is as provided in sub. (2). Venue for a proceeding under s. 48.14 (10) is as
16provided in s. 801.50 (5s).
AB130, s. 118 17Section 118. 48.185 (3) of the statutes is repealed.
AB130, s. 119 18Section 119. 48.19 (1) (d) 3. of the statutes is repealed.
AB130, s. 120 19Section 120. 48.19 (1) (d) 6. of the statutes, as affected by 1993 Wisconsin Act
20377
, is repealed.
AB130, s. 121 21Section 121. 48.19 (1) (d) 8. of the statutes is repealed.
AB130, s. 122 22Section 122. 48.19 (1) (d) 9. of the statutes is repealed.
AB130, s. 123 23Section 123. 48.19 (1) (d) 10. of the statutes is repealed.
AB130, s. 124 24Section 124. 48.19 (1m) of the statutes is repealed.
AB130, s. 125 25Section 125. 48.20 (2) (ag) of the statutes is amended to read:
AB130,57,3
148.20 (2) (ag) Except as provided in pars. (b) to (g) (d), a person taking a child
2into custody shall make every effort to release the child immediately to the child's
3parent, guardian or legal custodian.
AB130, s. 126 4Section 126. 48.20 (2) (cm) of the statutes, as created by 1993 Wisconsin Act
5385
, is repealed.
AB130, s. 127 6Section 127. 48.20 (2) (e) of the statutes is repealed.
AB130, s. 128 7Section 128. 48.20 (2) (f) of the statutes is repealed.
AB130, s. 129 8Section 129. 48.20 (2) (g) of the statutes is repealed.
AB130, s. 130 9Section 130. 48.20 (3) of the statutes is amended to read:
AB130,57,2010 48.20 (3) If the child is released under sub. (2) (b) to (d) or (g), the person who
11took the child into custody shall immediately notify the child's parent, guardian and
12legal custodian of the time and circumstances of the release and the person, if any,
13to whom the child was released. If the child is not released under sub. (2), the person
14who took the child into custody shall arrange in a manner determined by the court
15and law enforcement agencies for the child to be interviewed by the intake worker
16under s. 48.067 (2), and shall make a statement in writing with supporting facts of
17the reasons why the child was taken into physical custody and shall give any child
1812 years of age or older a copy of the statement in addition to giving a copy to the
19intake worker. When the intake interview is not done in person, the report may be
20read to the intake worker.
AB130, s. 131 21Section 131. 48.20 (7) (a) of the statutes is amended to read:
AB130,58,222 48.20 (7) (a) When a child is interviewed by an intake worker, the intake worker
23shall inform any child possibly involved in a delinquent act of his or her right to
24counsel and the right against self-incrimination. If the child
who is alleged to be in

1need of protection or services and who is 12 years of age or older, the intake worker
2shall inform the child
of his or her right to counsel.
AB130, s. 132 3Section 132. 48.20 (7) (c) 1m. of the statutes, as created by 1993 Wisconsin Act
4385
, is repealed.
AB130, s. 133 5Section 133. 48.20 (8) of the statutes, as affected by 1993 Wisconsin Act 385,
6is amended to read:
AB130,58,257 48.20 (8) If a child is held in custody, the intake worker shall notify the child's
8parent, guardian and legal custodian of the reasons for holding the child in custody
9and of the child's whereabouts unless there is reason to believe that notice would
10present imminent danger to the child. If a child who has violated the terms of
11aftercare supervision administered by the department or a county department is
12held in custody, the intake worker shall also notify the department or county
13department, whichever has supervision over the child, of the reasons for holding the
14child in custody, of the child's whereabouts and of the time and place of the detention
15hearing required under s. 48.21. The parent, guardian and legal custodian shall also
16be notified of the time and place of the detention hearing required under s. 48.21, the
17nature and possible consequences of that hearing, the right to counsel under s. 48.23
18regardless of ability to pay, and the right to present and cross-examine witnesses at
19the hearing. If the parent, guardian or legal custodian is not immediately available,
20the intake worker or another person designated by the court shall provide notice as
21soon as possible. When the child is alleged to be in need of protection or services and
22is 12 years of age or older, or is alleged to have committed a delinquent act, the child
23shall receive the same notice about the detention hearing as the parent, guardian or
24legal custodian. The intake worker shall notify both the child and the child's parent,
25guardian or legal custodian.
AB130, s. 134
1Section 134. 48.205 (1) (a) of the statutes is amended to read:
AB130,59,42 48.205 (1) (a) Probable cause exists to believe that if the child is not held he or
3she will commit injury to the person or property of others or cause injury to himself
4or herself or be subject to injury by others;
AB130, s. 135 5Section 135. 48.205 (1) (c) of the statutes, as affected by 1993 Wisconsin Act
6377
, is amended to read:
AB130,59,117 48.205 (1) (c) Probable cause exists to believe that the child will run away or
8be taken away so as to be unavailable for proceedings of the court or its officers or
9proceedings of the division of hearings and appeals in the department of
10administration for revocation of aftercare, corrective sanctions or youthful offender
11supervision
.
AB130, s. 136 12Section 136. 48.208 (1) of the statutes, as affected by 1993 Wisconsin Acts 377
13and 385, is repealed.
AB130, s. 137 14Section 137. 48.208 (2) of the statutes is repealed.
AB130, s. 138 15Section 138. 48.208 (5) of the statutes is repealed.
AB130, s. 139 16Section 139. 48.209 (3) of the statutes is repealed.
AB130, s. 140 17Section 140. 48.21 (1) (a) of the statutes is amended to read:
AB130,60,418 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, s. 141 5Section 141. 48.21 (2) of the statutes is repealed.
AB130, s. 142 6Section 142. 48.21 (3) (intro.) of the statutes is amended to read:
AB130,60,107 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, s. 143 11Section 143. 48.21 (4m) of the statutes is repealed.
AB130, s. 144 12Section 144. 48.22 of the statutes, as affected by 1993 Wisconsin Act 377, is
13repealed.
AB130, s. 145 14Section 145. 48.225 of the statutes is repealed.
AB130, s. 146 15Section 146. 48.227 (4) (b) of the statutes is amended to read:
AB130,60,1816 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 938.13,
a hearing may be held under s. 48.21 or 938.21.
AB130, s. 147 19Section 147. 48.227 (4) (e) 2. of the statutes is amended to read:
AB130,61,720 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, s. 148 8Section 148. 48.23 (1) (a) of the statutes, as affected by 1993 Wisconsin Acts
9377, 385 and 491, is amended to read:
AB130,61,1610 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 legal custody of the child to the department of corrections for participation
16in the youthful offender program or transfer jurisdiction over the child to adult court.
AB130, s. 149 17Section 149. 48.23 (1) (am) of the statutes is repealed.
AB130, s. 150 18Section 150. 48.23 (2m) of the statutes is repealed.
AB130, s. 151 19Section 151. 48.237 of the statutes is repealed.
AB130, s. 152 20Section 152. 48.24 (1) of the statutes is amended to read:
AB130,62,221 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, s. 153 3Section 153. 48.24 (2m) (a) 1. of the statutes is repealed.
AB130, s. 154 4Section 154. 48.24 (2m) (a) 2. of the statutes is amended to read:
AB130,62,85 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, s. 155 9Section 155. 48.24 (2m) (a) 3. of the statutes is repealed.
AB130, s. 156 10Section 156. 48.24 (5) of the statutes is amended to read:
AB130,63,311 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, s. 157 4Section 157. 48.24 (7) of the statutes is repealed.
AB130, s. 158 5Section 158. 48.243 (1) (intro.) of the statutes is amended to read:
AB130,63,106 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, s. 159 11Section 159. 48.243 (1) (b) of the statutes is amended to read:
AB130,63,1312 48.243 (1) (b) The nature and possible consequences of the proceedings
13including the provisions of ss. 48.17, 48.18 and 48.366 if applicable;
AB130, s. 160 14Section 160. 48.243 (1) (c) of the statutes is amended to read:
AB130,63,1815 48.243 (1) (c) The right to remain silent and the fact that in a delinquency
16proceeding the silence of the child shall not be adversely considered by the court or
17jury, although
silence of any party may be relevant in any nondelinquency
18proceeding
;
AB130, s. 161 19Section 161. 48.243 (1) (h) of the statutes is amended to read:
AB130,63,2320 48.243 (1) (h) The right to have the allegations of the petition proved by clear
21and convincing evidence unless the child comes within the court's jurisdiction under
22s. 48.12 or 48.13 (12), in which case the standard of proof shall be beyond a reasonable
23doubt
.
AB130, s. 162 24Section 162. 48.243 (1m) of the statutes is repealed.
AB130, s. 163 25Section 163. 48.245 (1) of the statutes is amended to read:
AB130,64,7
148.245 (1) The intake worker may enter into a written agreement with all
2parties which imposes informal disposition under this section if the intake worker
3has determined that neither the interests of the child nor of the public require filing
4of a petition for circumstances relating to ss. 48.12 48.13 to 48.14. Informal
5disposition shall be available only if the facts persuade the intake worker that the
6jurisdiction of the court, if sought, would exist and upon consent of the child, parent,
7guardian and legal custodian.
AB130, s. 164 8Section 164. 48.245 (2) (a) 5. of the statutes is repealed.
AB130, s. 165 9Section 165. 48.245 (2) (a) 6. of the statutes is repealed.
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