AB130,256,4 18938.30 Plea hearing. (1) Except as provided in this subsection, the hearing
19to determine the juvenile's plea to a citation or a petition under s. 938.12, 938.125
20or 938.13 (12), or to determine whether any party wishes to contest an allegation that
21the child is in need of protection or services under s. 938.13 (4), (6), (6m), (7) or (14)
22shall take place on a date which allows reasonable time for the parties to prepare but
23is within 30 days after the filing of a petition or issuance of a citation for a juvenile
24who is not being held in secure custody or within 10 days after the filing of a petition
25or issuance of a citation for a juvenile who is being held in secure custody. In a

1municipal court operated jointly by 2 or more cities, towns or villages under s. 755.01
2(4), the hearing to determine the juvenile's plea shall take place within 45 days after
3the filing of a petition or issuance of a citation for a juvenile who is not being held in
4secure custody.
AB130,256,11 5(2) At or before the commencement of the hearing under this section the
6juvenile and the parent, guardian or legal custodian shall be advised of their rights
7as specified in s. 938.243 and shall be informed that the hearing shall be to the court
8and that a request for a substitution of judge under s. 938.29 must be made before
9the end of the plea hearing or be waived. Nonpetitioning parties, including the
10juvenile, shall be granted a continuance of the plea hearing if they wish to consult
11with an attorney on the request for a substitution of a judge.
AB130,256,15 12(3) If a petition alleges that a juvenile is in need of protection or services under
13s. 938.13 (4), (6), (6m), (7) or (14), the nonpetitioning parties and the juvenile, if he
14or she is 12 years of age or older or is otherwise competent to do so, shall state
15whether they desire to contest the petition.
AB130,256,19 16(4) If a delinquency petition under s. 938.12, a civil law or ordinance violation
17petition or citation under s. 938.125, or a petition alleging that the juvenile is in need
18of protection or services under s. 938.13 (12) is filed, the juvenile may submit any of
19the following pleas:
AB130,256,2220 (a) Admit some or all of the facts alleged in the petition or citation, however,
21such a plea is an admission only of the commission of the acts and does not constitute
22an admission of delinquency.
AB130,256,2523 (b) Deny the facts alleged in the petition or citation. If the juvenile stands mute
24or refuses to plead, the court shall direct entry of a denial of the facts alleged in the
25petition or citation on the juvenile's behalf.
AB130,257,2
1(bm) Plead no contest to the allegations, but only if the court permits the child
2to enter that plea.
AB130,257,63 (c) Except pursuant to a petition or citation under s. 938.125, state that he or
4she is not responsible for the acts alleged in the petition by reason of mental disease
5or defect. This plea shall be joined with an admission under par. (a), a denial under
6par. (b) or a plea of no contest under par. (bm).
AB130,257,13 7(5) (a) If there is probable cause to believe that the juvenile has committed the
8alleged offense and if there is reason to doubt the juvenile's competency to proceed,
9or if the juvenile enters a plea of not responsible by reason of mental disease or defect,
10the court shall order an examination under s. 938.295 and shall specify the date by
11which the report must be filed in order to give the district attorney or corporation
12counsel and the juvenile's counsel a reasonable opportunity to review the report. The
13court shall set a date for hearing as follows:
AB130,257,1814 1. If the juvenile admits or pleads no contest to the allegations in the petition,
15the hearing to determine whether the juvenile was not responsible by reason of
16mental disease or defect shall be held no more than 10 days from the plea hearing
17for a juvenile held in secure custody and no more than 30 days from the plea hearing
18for a juvenile who is not held in secure custody.
AB130,257,2419 2. If the juvenile denies the allegations in the petition or citation, the court shall
20hold a fact-finding hearing on the allegations in the petition or citation as provided
21under s. 938.31. If, at the end of the fact-finding hearing, the court finds that the
22allegations in the petition have been proven, the court shall immediately hold a
23hearing to determine whether the juvenile was not responsible by reason of mental
24disease or defect.
AB130,258,6
13. If the court has found probable cause to believe that the juvenile has
2committed the alleged offense and reason to doubt the juvenile's competency to
3proceed, the hearing to determine whether the juvenile is competent to proceed shall
4be held no more than 10 days after the plea hearing for a juvenile who is held in
5secure custody and no more than 30 days after the plea hearing for a juvenile who
6is not held in secure custody.
AB130,258,87 (b) If the court, after a hearing under par. (a) 1. or 2., finds that the juvenile was
8responsible, the court shall proceed to a dispositional hearing.
AB130,258,109 (bm) If the court, after a hearing under par. (a) 3., finds that the juvenile is
10competent to proceed, the court shall resume the delinquency proceeding.
AB130,258,1311 (c) If the court finds that the juvenile was not responsible by reason of mental
12disease or defect, as described under s. 971.15 (1) and (2), the court shall dismiss the
13petition with prejudice and shall also do one of the following:
AB130,258,1814 1. If the court finds that there is probable cause to believe that the juvenile
15meets the conditions specified under s. 51.20 (1) (a) 1. and 2., order the county
16department under s. 46.22, 46.23 or 46.215 in the county of the juvenile's residence
17or the district attorney or corporation counsel who filed the petition under s. 938.12
18or 938.13 (12) to file a petition under s. 51.20 (1).
AB130,258,2119 2. Order the district attorney or corporation counsel who filed the petition
20under s. 938.12 or 938.13 (12) to file a petition alleging that the juvenile is in need
21of protection or services under s. 938.13 (14).
AB130,258,2422 (d) If the court finds that the juvenile is not competent to proceed, as described
23in s. 971.13 (1) and (2), the court shall suspend proceedings on the petition and shall
24also do one of the following:
AB130,259,5
11. If the court finds that there is probable cause to believe that the juvenile
2meets the conditions specified under s. 51.20 (1) (a) 1. and 2., order the county
3department under s. 46.22, 46.23 or 46.215 in the county of the juvenile's residence
4or the district attorney or corporation counsel who filed the petition under s. 938.12
5or 938.13 (12) to file a petition under s. 51.20 (1).
AB130,259,86 2. Order the district attorney or corporation counsel who filed the petition
7under s. 938.12 or 938.13 (12) to file a petition alleging that the juvenile is in need
8of protection or services under s. 938.13 (14).
AB130,259,219 (e) 1. A juvenile who is not competent to proceed, as described in s. 971.13 (1)
10and (2), but who is likely to become competent to proceed within 12 months or the
11maximum sentence that may be imposed on an adult for the most serious delinquent
12act with which the juvenile is charged, whichever is less, and who is committed under
13s. 51.20 following an order under par. (d) 1. or who is placed under a dispositional
14order following an order under par. (d) 2., shall be periodically reexamined with
15written reports of those reexaminations to be submitted to the court every 3 months
16and within 30 days before the expiration of the juvenile's commitment or
17dispositional order. Each report shall indicate either that the juvenile has become
18competent, that the juvenile remains incompetent but that attainment of
19competence is likely within the remaining period of the commitment or dispositional
20order or that the juvenile has not made such progress that attainment of competency
21is likely within the remaining period of the commitment or dispositional order.
AB130,260,322 2. The court shall cause copies of the reports under subd. 1. to be transmitted
23to the district attorney or corporation counsel and the juvenile's counsel. If a report
24under subd. 1. indicates that the juvenile has become competent, the court shall hold
25a hearing within 10 days after the court receives the report to determine whether the

1juvenile is competent. If the court determines that the juvenile is competent, the
2court shall terminate the juvenile's commitment or dispositional order and resume
3the delinquency proceeding.
AB130,260,64 3. If the juvenile is receiving psychotropic medication, the court may make
5appropriate orders for the continued administration of the psychotropic medication
6in order to maintain the competence of the juvenile for the duration of the proceeding.
AB130,260,21 7(6) If a petition is not contested, the court shall set a date for the dispositional
8hearing which allows reasonable time for the parties to prepare but is no more than
910 days from the plea hearing for a juvenile who is held in secure custody and no more
10than 30 days from the plea hearing for a juvenile who is not held in secure custody.
11If it appears to the court that disposition of the case may include placement of the
12juvenile outside the juvenile's home, the court shall order the juvenile's parent to
13provide a statement of income, assets, debts and living expenses to the court or the
14designated agency under s. 938.33 (1) at least 5 days before the scheduled date of the
15dispositional hearing or as otherwise ordered by the court. The clerk of court shall
16provide, without charge, to any parent ordered to provide a statement of income,
17assets, debts and living expenses a document setting forth the percentage standard
18established by the department under s. 46.25 (9) and listing the factors that a court
19may consider under s. 46.10 (14) (c). If all parties consent the court may proceed
20immediately with the dispositional hearing. If a citation is not contested, the court
21may proceed immediately to enter a dispositional order.
AB130,261,2 22(7) If the petition or citation is contested, the court shall set a date for the
23fact-finding hearing which allows a reasonable time for the parties to prepare but
24is no more than 20 days from the plea hearing for a juvenile who is held in secure

1custody and no more than 30 days from the plea hearing for a juvenile who is not held
2in secure custody.
AB130,261,5 3(8) Except when a juvenile fails to appear in response or stipulates to a citation
4before accepting an admission or plea of no contest of the alleged facts in a petition
5or citation, the court shall do all of the following:
AB130,261,86 (a) Address the parties present including the juvenile personally and
7determine that the plea or admission is made voluntarily with understanding of the
8nature of the acts alleged in the petition or citation and the potential dispositions.
AB130,261,119 (b) Establish whether any promises or threats were made to elicit a plea and
10alert unrepresented parties to the possibility that a lawyer may discover defenses or
11mitigating circumstances which would not be apparent to them.
AB130,261,1312 (c) Make such inquiries as satisfactorily establish that there is a factual basis
13for the juvenile's plea or the parent's and juvenile's admission.
AB130,261,17 14(9) If a court commissioner conducts the plea hearing and accepts an admission
15of the alleged facts in a petition brought under s. 938.12 or 938.13, the judge shall
16review the admission at the beginning of the dispositional hearing by addressing the
17parties and making the inquires set forth in sub. (8).
AB130,261,20 18(10) The court may permit any party to participate in hearings under this
19section by telephone or live audio-visual means except a juvenile who intends to
20admit the facts of the delinquency petition.
AB130,262,3 21938.305 Hearing upon the involuntary removal of a juvenile.
22Notwithstanding other time periods for hearings under this chapter, if a juvenile is
23removed from the physical custody of the juvenile's parent or guardian under s.
24938.19 (1) (c) or (d) 5. without the consent of the parent or guardian, the court shall
25schedule a plea hearing and fact-finding hearing within 30 days after a request from

1the parent or guardian from whom custody was removed. The plea hearing and
2fact-finding hearing may be combined. This time period may be extended only with
3the consent of the requesting parent or guardian.
AB130,262,8 4938.31 Fact-finding hearing. (1) In this section, "fact-finding hearing"
5means a hearing to determine if the allegations of a petition under s. 938.12 or 938.13
6(12) are supported beyond a reasonable doubt or a hearing to determine if the
7allegations in a petition or citation under s. 938.125 or 938.13 (4), (6), (6m), (7) or (14)
8are proved by clear and convincing evidence.
AB130,262,16 9(2) The hearing shall be to the court. If the hearing involves a child victim or
10witness, as defined in s. 950.02, the court may order the taking and allow the use of
11a videotaped deposition under s. 967.04 (7) to (10) and, with the district attorney,
12shall comply with s. 971.105. At the conclusion of the hearing, the court shall make
13a determination of the facts. If the court finds that the juvenile is not within the
14jurisdiction of the court or the court finds that the facts alleged in the petition or
15citation have not been proved, the court shall dismiss the petition or citation with
16prejudice.
AB130,262,21 17(4) The court shall make findings of fact and conclusions of law relating to the
18allegations of a petition under s. 938.12, 938.125 or 938.13. In cases alleging a
19juvenile to be delinquent or in need of protection or services under s. 938.13 (12), the
20court shall make findings relating to the proof of the violation of law and to the proof
21that the juvenile named in the petition committed the violation alleged.
AB130,263,10 22(7) At the close of the fact-finding hearing, the court shall set a date for the
23dispositional hearing which allows a reasonable time for the parties to prepare but
24is no more than 10 days after the fact-finding hearing for a juvenile in secure custody
25and no more than 30 days after the fact-finding hearing for a juvenile not held in

1secure custody. If it appears to the court that disposition of the case may include
2placement of the juvenile outside the juvenile's home, the court shall order the
3juvenile's parent to provide a statement of income, assets, debts and living expenses
4to the court or the designated agency under s. 938.33 (1) at least 5 days before the
5scheduled date of the dispositional hearing or as otherwise ordered by the court. The
6clerk of court shall provide, without charge, to any parent ordered to provide a
7statement of income, assets, debts and living expenses a document setting forth the
8percentage standard established by the department under s. 46.25 (9) and listing the
9factors that a court may consider under s. 46.10 (14) (c). If all parties consent, the
10court may immediately proceed with a dispositional hearing.
AB130,263,12 11938.315 Delays, continuances and extensions. (1) The following time
12periods shall be excluded in computing time requirements within this chapter:
AB130,263,1613 (a) Any period of delay resulting from other legal actions concerning the
14juvenile, including an examination under s. 938.295 or a hearing related to the
15juvenile's mental condition, prehearing motions, waiver motions and hearings on
16other matters.
AB130,263,1817 (b) Any period of delay resulting from a continuance granted at the request of
18or with the consent of the juvenile and counsel.
AB130,263,2119 (c) Any period of delay caused by the disqualification or substitution of a judge
20or by any other transfer of the case or intake inquiry to a different judge, intake
21worker or county.
AB130,264,322 (d) Any period of delay resulting from a continuance granted at the request of
23the representative of the public under s. 938.09 if the continuance is granted because
24of the unavailability of evidence material to the case when he or she has exercised
25due diligence to obtain the evidence and there are reasonable grounds to believe that

1the evidence will be available at the later date, or to allow him or her additional time
2to prepare the case and additional time is justified because of the exceptional
3circumstances of the case.
AB130,264,44 (e) Any period of delay resulting from the imposition of a consent decree.
AB130,264,65 (f) Any period of delay resulting from the absence or unavailability of the
6juvenile.
AB130,264,107 (fm) Any period of delay resulting from the inability of the court to provide the
8juvenile with notice of an extension hearing under s. 938.365 due to the juvenile
9having run away or otherwise having made himself or herself unavailable to receive
10that notice.
AB130,264,1311 (g) A reasonable period of delay when the juvenile is joined in a hearing with
12another juvenile as to whom the time for a hearing has not expired under this section
13if there is good cause for not hearing the cases separately.
AB130,264,18 14(2) A continuance may be granted by the court only upon a showing of good
15cause in open court or during a telephone conference under s. 807.13 on the record
16and only for so long as is necessary, taking into account the request or consent of the
17representative of the public under s. 938.09 or the parties and the interest of the
18public in the prompt disposition of cases.
AB130,264,25 19(3) Failure to comply with any time limit specified in this chapter does not
20deprive the court of personal or subject matter jurisdiction or of competency to
21exercise that jurisdiction. If a party does not comply with a time limit specified in
22this chapter, the court may grant a continuance under sub. (2), dismiss the petition
23with or without prejudice, release the juvenile from secure or nonsecure custody or
24from the terms of a custody order or grant any other relief that the court considers
25appropriate.
AB130,265,1
1938.317 Jeopardy. Jeopardy attaches when a witness is sworn.
AB130,265,13 2938.32 Consent decree. (1) (a) At any time after the filing of a petition for
3a proceeding relating to s. 938.12 or 938.13 and before the entry of judgment, the
4judge or juvenile court commissioner may suspend the proceedings and place the
5juvenile under supervision in the juvenile's own home or present placement. The
6court may establish terms and conditions applicable to the parent, guardian or legal
7custodian, and to the juvenile, including any of the conditions specified in subs. (1d),
8(1g) and (1t). The order under this section shall be known as a consent decree and
9must be agreed to by the juvenile if 10 years of age or older; the parent, guardian or
10legal custodian; and the person filing the petition under s. 938.25. If the consent
11decree includes any conditions specified in sub. (1g), the consent decree shall include
12provisions for payment of the services as specified in s. 938.361. The consent decree
13shall be reduced to writing and given to the parties.
AB130,265,2014 (b) 1. Before entering into a consent decree in a proceeding in which a juvenile
15is alleged to be delinquent under s. 938.12 or to be in need of protection or services
16under s. 938.13 (12), the court shall allow a victim or a family member of a homicide
17victim to make a statement or to submit a written statement to be read to the court.
18The court may allow any other person to make or submit a statement under this
19subdivision. Any statement made under this subdivision must be relevant to the
20consent decree.
AB130,266,221 2. Before entering into a consent decree in a proceeding in which a juvenile is
22alleged to be delinquent under s. 938.12 or to be in need of protection or services
23under s. 938.13 (12), the district attorney or corporation counsel shall attempt to
24contact any known victim or family member of a homicide victim to inform that
25person of the right to make a statement under subd. 1. Any failure to comply with

1this subdivision is not a ground for discharge of the juvenile, parent, guardian or
2legal custodian from fulfilling the terms and conditions of the consent decree.
AB130,266,13 3(1d) If the petition alleges that the juvenile has committed an act that would
4constitute a misdemeanor if committed by an adult, if the chief judge of the judicial
5administrative district has approved under s. 973.11 (2) a volunteers in probation
6program established in the juvenile's county of residence and if the judge or juvenile
7court commissioner determines that volunteer supervision under that volunteers in
8probation program will likely benefit the juvenile and the community, the judge or
9juvenile court commissioner may establish as a condition under sub. (1) that the
10juvenile be placed with that volunteers in probation program under such conditions
11as the judge or juvenile court commissioner determines are reasonable and
12appropriate. These conditions may include, but need not be limited to, any of the
13following:
AB130,266,1614 (a) A directive to a volunteer to provide for the juvenile a role model, informal
15counseling, general monitoring and monitoring of the conditions established by the
16judge or juvenile court commissioner, or any combination of these functions.
AB130,266,1817 (b) Any other conditions that the judge or juvenile court commissioner may
18establish under this section.
AB130,266,24 19(1g) If the petition alleges that the juvenile committed a violation specified
20under ch. 161 and if the multidisciplinary screen conducted under s. 938.24 (2) shows
21that the juvenile is at risk of having needs and problems related to the use of alcohol
22beverages or controlled substances and its medical, personal, family and social
23effects, the judge or juvenile court commissioner may establish as a condition under
24sub. (1) any of the following:
AB130,267,4
1(a) That the juvenile participate in outpatient treatment from an approved
2treatment facility for alcohol and other drug abuse, if an alcohol and other drug abuse
3assessment that conforms to the criteria specified under s. 938.547 (4) was completed
4under s. 938.295 (1).
AB130,267,95 (b) That the juvenile participate in a court-approved pupil assistance program
6provided by the juvenile's school board or a court-approved alcohol or other drug
7abuse education program. The juvenile's participation in a court-approved pupil
8assistance program under this paragraph is subject to the approval of the juvenile's
9school board.
AB130,267,15 10(1r) If the conditions of the consent decree provide for an alcohol and other drug
11abuse outpatient treatment program under sub. (1g) (a), the juvenile or, if the
12juvenile has not attained the age of 12, the juvenile's parent, guardian or legal
13custodian shall execute an informed consent form that indicates that they are
14voluntarily and knowingly entering into a consent decree for the provision of alcohol
15and other drug abuse outpatient treatment.
AB130,268,3 16(1t) (a) 1. Subject to subd. 3., if the petition alleges that the juvenile committed
17a delinquent act that has resulted in damage to the property of another, or in actual
18physical injury to another excluding pain and suffering, the judge or juvenile court
19commissioner may require the juvenile, if the juvenile is 10 years of age or older, as
20a condition of the consent decree, to repair the damage to property or to make
21reasonable restitution for the damage or injury if the judge or juvenile court
22commissioner, after taking into consideration the well-being and needs of the victim,
23considers it beneficial to the well-being and behavior of the juvenile. Any consent
24decree that includes a condition of restitution shall include a finding that the juvenile
25alone is financially able to pay and may allow up to the date of the expiration of the

1consent decree for the payment. Objection by the juvenile to the amount of damages
2claimed shall entitle the juvenile to a hearing on the question of damages before the
3amount of restitution is made part of the consent decree.
AB130,268,94 2. In addition to any other employment or duties permitted under ch. 103 or
5any rule or order under ch. 103, a juvenile who is 10 to 13 years of age who is
6participating in a restitution project provided by the county may, for the purpose of
7making restitution under the consent decree, be employed or perform any duties
8under any circumstances in which a juvenile 14 or 15 years of age is permitted to be
9employed or to perform duties under ch. 103 or any rule or order under ch. 103.
AB130,268,1110 3. Under this paragraph, a judge or juvenile court commissioner may not order
11a juvenile who is 10 to 13 years of age to make more than $250 in restitution.
AB130,268,1412 (b) If the juvenile has attained the age of 10, the judge may require the juvenile
13to participate in a supervised work program or other community service work under
14s. 938.34 (5g) as a condition of the consent decree.
AB130,268,17 15(2) (a) A consent decree shall remain in effect for up to one year unless the
16juvenile, parent, guardian or legal custodian is discharged sooner by the judge or
17juvenile court commissioner.
AB130,268,2418 (c) Upon the motion of the court or the application of the juvenile, parent,
19guardian, legal custodian, intake worker or any agency supervising the juvenile
20under the consent decree, the court may, after giving notice to the parties to the
21consent decree and their counsel, if any, extend the decree for up to an additional 6
22months in the absence of objection to extension by the parties to the initial consent
23decree. If the parent, guardian or legal custodian objects to the extension, the court
24shall schedule a hearing and make a determination on the issue of extension.
AB130,269,6
1(3) If, prior to discharge by the court, or the expiration of the consent decree,
2the court finds that the juvenile or parent, legal guardian or legal custodian has
3failed to fulfill the express terms and conditions of the consent decree or that the
4juvenile objects to the continuation of the consent decree, the hearing under which
5the juvenile was placed on supervision may be continued to conclusion as if the
6consent decree had never been entered.
AB130,269,12 7(4) No juvenile who is discharged by the court or who completes the period of
8supervision without reinstatement of the original petition may again be proceeded
9against in any court for the same offense alleged in the petition or an offense based
10on the same conduct, and the original petition shall be dismissed with prejudice.
11Nothing in this subsection precludes a civil suit against the juvenile or parent for
12damages arising from the juvenile's conduct.
AB130,269,16 13(5) A court which, under this section, elicits or examines information or
14material about a juvenile which would be inadmissible in a hearing on the
15allegations of the petition may not, over objections of one of the parties, participate
16in any subsequent proceedings if any of the following applies:
AB130,269,1917 (a) The court refuses to enter into a consent decree and the allegations in the
18petition remain to be decided in a hearing where the juvenile denies the allegations
19of delinquency.
AB130,269,2120 (b) A consent decree is granted but the petition under s. 938.12 or 938.13 is
21subsequently reinstated.
AB130,270,2 22(6) The judge or juvenile court commissioner shall inform the juvenile and the
23juvenile's parent, guardian or legal custodian, in writing, of the juvenile's right to
24object to the continuation of the consent decree under sub. (3) and of the fact that the

1hearing under which the juvenile was placed on supervision may be continued to
2conclusion as if the consent decree had never been entered.
AB130,270,43 SUBCHAPTER VI
4 DISPOSITION
AB130,270,7 5938.33 Court reports. (1) Report required. Before the disposition of a
6juvenile adjudged to be delinquent or in need of protection or services, the court shall
7designate an agency to submit a report which shall contain all of the following:
AB130,270,88 (a) The social history of the juvenile.
AB130,270,129 (b) A recommended plan of rehabilitation or treatment and care for the juvenile
10which is based on the investigation conducted by the agency and any report resulting
11from an examination or assessment under s. 938.295, which employs the most
12effective means available to accomplish the objectives of the plan.
AB130,270,1813 (c) A description of the specific services or continuum of services which the
14agency is recommending that the court order for the juvenile or family, the persons
15or agencies that would be primarily responsible for providing those services, and the
16identity of the person or agency that would provide case management or coordination
17of services if any or whether or not the juvenile should receive an integrated service
18plan.
AB130,270,2019 (d) A statement of the objectives of the plan, including any desired behavior
20changes and the academic, social and vocational skills needed by the juvenile.
AB130,270,2321 (e) A plan for the provision of educational services to the juvenile, prepared
22after consultation with the staff of the school in which the juvenile is enrolled or the
23last school in which the juvenile was enrolled.
AB130,271,324 (f) If the agency is recommending that the court order the juvenile's parent,
25guardian or legal custodian to participate in mental health treatment, anger

1management, individual or family counseling or parent training and education, a
2statement as to the availability of those services and as to the availability of funding
3for those services.
AB130,271,7 4(2) Home placement reports. A report recommending that the juvenile remain
5in his or her home may be presented orally at the dispositional hearing if all parties
6consent. A report that is presented orally shall be transcribed and made a part of the
7court record.
AB130,271,14 8(3) Correctional placement reports. A report recommending placement of a
9juvenile in a secured correctional facility under the supervision of the department
10or a secured child caring institution shall be in writing, except that the report may
11be presented orally at the dispositional hearing if the juvenile and the juvenile's
12counsel consent. A report that is presented orally shall be transcribed and made a
13part of the court record. In addition to the information specified under sub. (1) (a)
14to (d), the report shall include all of the following:
AB130,271,2015 (a) A description of any less restrictive alternatives that are available and that
16have been considered, and why they have been determined to be inappropriate. If
17the judge has found that any of the conditions specified in s. 938.34 (4m) (b) 1., 2. or
183. applies, the report shall indicate that a less restrictive alternative than placement
19in a secured correctional facility or a secured child caring institution is not
20appropriate.
AB130,271,2321 (b) A recommendation for an amount of child support to be paid by either or
22both of the juvenile's parents or for referral to the county designee under s. 59.07 (97)
23for the establishment of child support.
AB130,272,7 24(3m) Youthful offender program reports. In addition to the report under
25sub. (1), if it appears that a juvenile may be suitable for participation in the youthful

1offender program under s. 938.537, the court shall order the department of
2corrections to submit a report analyzing the juvenile's suitability for participation in
3that program and recommending whether the juvenile should be placed in that
4program. The report shall be in writing, except that the report may be presented
5orally at the dispositional hearing if the juvenile and the juvenile's counsel consent.
6A report that is presented orally shall be transcribed and made a part of the court
7record.
AB130,272,13 8(4) Other out-of-home placements. A report recommending placement in a
9foster home, treatment foster home, group home or nonsecured child caring
10institution shall be in writing, except that the report may be presented orally at the
11dispositional hearing if all parties consent. A report that is presented orally shall be
12transcribed and made a part of the court record. The report shall include all of the
13following:
AB130,272,1414 (a) A permanency plan prepared under s. 938.38.
AB130,272,1715 (b) A recommendation for an amount of child support to be paid by either or
16both of the juvenile's parents or for referral to the county designee under s. 59.07 (97)
17for the establishment of child support.
AB130,272,22 18(4m) Support recommendations; information to parents. In making a
19recommendation for an amount of child support under sub. (3) or (4), the agency shall
20consider the factors that the court considers under s. 46.10 (14) (c) for deviation from
21the percentage standard. At or before the dispositional hearing under s. 938.335, the
22agency shall provide the juvenile's parent with all of the following:
AB130,272,2323 (a) Its recommendation for juvenile support.
AB130,272,2524 (b) A written explanation of how the parent may request that the court modify
25the amount of child support under s. 46.10 (14) (c).
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