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13and 385, is repealed.
AB130, s. 137 14Section 137. 48.208 (2) of the statutes is repealed.
AB130, s. 138 15Section 138. 48.208 (5) of the statutes is repealed.
AB130, s. 139 16Section 139. 48.209 (3) of the statutes is repealed.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AB130, s. 141 5Section 141. 48.21 (2) of the statutes is repealed.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AB130, s. 143 11Section 143. 48.21 (4m) of the statutes is repealed.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.
AB130, s. 166 10Section 166. 48.245 (2) (a) 7. of the statutes is repealed.
AB130, s. 167 11Section 167. 48.245 (2) (b) of the statutes is amended to read:
AB130,64,1312 48.245 (2) (b) Informal disposition may not include any form of residential
13placement and may not exceed 6 months, except as provided under sub. (2m).
AB130, s. 168 14Section 168. 48.245 (2m) of the statutes is repealed.
AB130, s. 169 15Section 169. 48.245 (6) of the statutes is repealed.
AB130, s. 170 16Section 170. 48.245 (7) of the statutes is amended to read:
AB130,65,217 48.245 (7) If at any time during the period of informal disposition the intake
18worker determines that the obligations imposed under it are not being met, the
19intake worker may cancel the informal disposition. Within 10 days after the
20cancellation of the informal disposition, the intake worker shall notify the district
21attorney, corporation counsel or other official under s. 48.09 of the cancellation and
22recommend whether or not a petition should be filed. In delinquency cases, the
23district attorney may initiate a petition within 20 days after the date of the notice
24regardless of whether the intake worker has recommended that a petition be filed.


1The judge shall dismiss with prejudice any petition which is not filed within the time
2limit specified in this subsection.
AB130, s. 171 3Section 171. 48.245 (8) of the statutes is amended to read:
AB130,65,84 48.245 (8) If the obligations imposed under the informal disposition are met,
5the intake worker shall so inform the child and a parent, guardian and legal
6custodian in writing, and no petition may be filed or citation issued on the charges
7that brought about the informal disposition nor may the charges be the sole basis for
8a petition under ss. 48.13 to 48.14.
AB130, s. 172 9Section 172. 48.25 (1) of the statutes is amended to read:
AB130,65,1910 48.25 (1) A petition initiating proceedings under this chapter shall be signed
11by a person who has knowledge of the facts alleged or is informed of them and
12believes them to be true. If a petition under s. 48.12 is to be filed, it shall be prepared,
13signed and filed by the district attorney.
The district attorney, city attorney or
14corporation counsel or other appropriate official specified under s. 48.09 may file the
15petition if the proceeding is under s. 48.125 or 48.13. The counsel or guardian ad
16litem for a parent, relative, guardian or child may file a petition under s. 48.13 or
1748.14. The district attorney, corporation counsel or other appropriate person
18designated by the court may initiate proceedings under s. 48.14 in a manner specified
19by the court.
AB130, s. 173 20Section 173. 48.25 (2) (a) of the statutes is renumbered 48.25 (2) and amended
21to read:
AB130,66,1522 48.25 (2) If the proceeding is brought under s. 48.12, 48.125 or 48.13, the
23district attorney, corporation counsel or other appropriate official shall file the
24petition, close the case, or refer the case back to intake within 20 days after the date
25that the intake worker's recommendation was filed. A referral back to intake may

1be made only when the district attorney, corporation counsel or other appropriate
2official decides not to file a petition or determines that further investigation is
3necessary. If the case is referred back to intake upon a decision not to file a petition,
4the intake worker shall close the case or enter into an informal disposition within 20
5days. If the case is referred back to intake for further investigation, the appropriate
6agency or person shall complete the investigation within 20 days. If another referral
7is made to the district attorney, corporation counsel or other appropriate official, it
8shall be considered a new referral to which the time limits of this subsection shall
9apply. The time limits in this subsection may only be extended by a judge upon a
10showing of good cause under s. 48.315. If a petition is not filed within the time
11limitations set forth in this subsection and the court has not granted an extension,
12the petition shall be accompanied by a statement of reasons for the delay. The court
13shall dismiss with prejudice a petition which was not timely filed unless the court
14finds at the plea hearing that good cause has been shown for failure to meet the time
15limitations.
AB130, s. 174 16Section 174. 48.25 (2) (b) of the statutes is repealed.
AB130, s. 175 17Section 175. 48.25 (3) of the statutes is amended to read:
AB130,66,2218 48.25 (3) If the district attorney, city attorney or corporation counsel or other
19appropriate official specified in s. 48.09 refuses to file a petition, any person may
20request the judge to order that the petition be filed and a hearing shall be held on the
21request. The judge may order the filing of the petition on his or her own motion. The
22matter may not be heard by the judge who orders the filing of a petition.
AB130, s. 176 23Section 176. 48.25 (4) of the statutes is repealed.
AB130, s. 177 24Section 177. 48.25 (5) of the statutes is repealed.
AB130, s. 178 25Section 178. 48.255 (1) (d) of the statutes is repealed.
AB130, s. 179
1Section 179. 48.255 (1) (e) of the statutes is amended to read:
AB130,67,62 48.255 (1) (e) If the child is alleged to come within the provisions of s. 48.13 (1)
3to (11)
or 48.14, reliable and credible information which forms the basis of the
4allegations necessary to invoke the jurisdiction of the court and to provide reasonable
5notice of the conduct or circumstances to be considered by the court together with a
6statement that the child is in need of supervision, services, care or rehabilitation.
AB130, s. 180 7Section 180. 48.255 (3) of the statutes is amended to read:
AB130,67,98 48.255 (3) If the information required under sub. (1) (d) or (e) is not stated the
9petition shall be dismissed or amended under s. 48.263 (2).
AB130, s. 181 10Section 181. 48.255 (4) of the statutes is amended to read:
AB130,67,1311 48.255 (4) A copy of the petition shall be given to the child if the child is 12 years
12of age or older or alleged to have committed a delinquent act and to the parents,
13guardian, legal custodian and physical custodian.
AB130, s. 182 14Section 182. 48.263 (2) of the statutes is amended to read:
AB130,67,2115 48.263 (2) With reasonable notification to the interested parties and prior to
16the taking of a plea under s. 48.30, the petition may be amended at the discretion of
17the court or person who filed the petition. After the taking of a plea, if the child is
18alleged to be delinquent, the court may allow amendment of the petition to conform
19to the proof if the amendment is not prejudicial to the child. If the child is alleged
20to be
in need of protection or services, the petition may be amended provided any
21objecting party is allowed a continuance for a reasonable time.
AB130, s. 183 22Section 183. 48.27 (1) of the statutes is amended to read:
AB130,68,223 48.27 (1) After a citation is issued or a petition has been filed relating to facts
24concerning a situation specified under ss. 48.12, 48.125 and 48.13, unless the parties
25under sub. (3) voluntarily appear, the court may issue a summons requiring the

1person who has legal custody of the child to appear personally, and, if the court so
2orders, to bring the child before the court at a time and place stated.
AB130, s. 184 3Section 184. 48.27 (4m) of the statutes is repealed.
AB130, s. 185 4Section 185. 48.27 (7) of the statutes is repealed.
AB130, s. 186 5Section 186. 48.27 (8) of the statutes is amended to read:
AB130,68,96 48.27 (8) When a petition is filed under s. 48.12 or 48.13, the court shall notify,
7in writing, the child's parents or guardian that they may be ordered to reimburse this
8state or the county for the costs of legal counsel provided for the child, as provided
9under s. 48.275 (2).
AB130, s. 187 10Section 187. 48.273 (1) of the statutes is amended to read:
AB130,69,211 48.273 (1) Service of summons or notice required by s. 48.27 may be made by
12mailing a copy thereof to the persons summoned or notified. If the persons, other
13than a person specified in s. 48.27 (4m),
fail to appear at the hearing or otherwise to
14acknowledge service, a continuance shall be granted, except where the court
15determines otherwise because the child is in secure custody, and service shall be
16made personally by delivering to the persons a copy of the summons or notice; except
17that if the court is satisfied that it is impracticable to serve the summons or notice
18personally, it may make an order providing for the service of the summons or notice
19by certified mail addressed to the last-known addresses of the persons. The court
20may refuse to grant a continuance when the child is being held in secure custody, but
21in such a case the court shall order that service of notice of the next hearing be made
22personally or by certified mail to the last-known address of the person who failed to
23appear at the hearing. Personal service shall be made at least 72 hours before the
24time of the hearing. Mail shall be sent at least 7 days before the time of the hearing,
25except where the petition is filed under s. 48.13 and the person to be notified lives

1outside the state, in which case the mail shall be sent at least 14 days before the time
2of the hearing.
AB130, s. 188 3Section 188. 48.273 (3) of the statutes is amended to read:
AB130,69,8 448.273 (3) The expenses of service of summons or notice or of the publication
5of summons or notice and the traveling expenses and fees as allowed in ch. 885
6incurred by any person summoned or required to appear at the hearing of any case
7coming within the jurisdiction of the court under ss. 48.12 48.13 to 48.14, shall be a
8charge on the county when approved by the court.
AB130, s. 189 9Section 189. 48.275 (1) of the statutes is amended to read:
AB130,69,1410 48.275 (1) If the court finds a child to be delinquent under s. 48.12, in violation
11of a civil law or ordinance under s. 48.125 or
in need of protection or services under
12s. 48.13, the court shall order the parents of the child to contribute toward the
13expense of post-adjudication services to the child the proportion of the total amount
14which the court finds the parents are able to pay.
AB130, s. 190 15Section 190. 48.275 (2) (a) of the statutes is amended to read:
AB130,69,2516 48.275 (2) (a) If this state or a county provides legal counsel to a child subject
17to a proceeding under s. 48.12 or 48.13, the court shall order the child's parent to
18provide a statement of income, assets and living expenses to the county department
19and shall order that parent to reimburse the state or county in accordance with par.
20(b) or (c). The court may not order reimbursement if a parent is the complaining or
21petitioning party or if the court finds that the interests of the parent and the interests
22of the child in the proceeding are substantially and directly adverse and that
23reimbursement would be unfair to the parent. The court may not order
24reimbursement until the completion of the proceeding or until the state or county is
25no longer providing the child with legal counsel in the proceeding.
AB130, s. 191
1Section 191. 48.275 (3) of the statutes is repealed and recreated to read:
AB130,70,22 48.275 (3) This section does not apply to any proceedings under s. 48.375 (7).
AB130, s. 192 3Section 192. 48.29 (1) of the statutes is amended to read:
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