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).
AB130,273,3
1(c) A written explanation of how the parent may request a revision under s.
2938.363 in the amount of child support ordered by the court under s. 938.335 (2) (b)
34.
AB130,273,13 4(5) Identity of foster parent or treatment foster parent; confidentiality.
5If the report recommends placement in a foster home or a treatment foster home, and
6the name of the foster parent or treatment foster parent is not available at the time
7the report is filed, the agency shall provide the court and the juvenile's parent or
8guardian with the name and address of the foster parent or treatment foster parent
9within 21 days after the dispositional order is entered, except that the court may
10order the information withheld from the juvenile's parent or guardian if the court
11finds that disclosure would result in imminent danger to the juvenile or to the foster
12parent or treatment foster parent. After notifying the juvenile's parent or guardian,
13the court shall hold a hearing prior to ordering the information withheld.
AB130,273,23 14938.331 Court reports; effect on victim. If the delinquent act would
15constitute a felony if committed by an adult, the person preparing the report under
16s. 938.33 (1) shall attempt to determine the economic, physical and psychological
17effect of the delinquent act on the victim. The person preparing the report may ask
18any appropriate person for information. This section does not preclude the person
19who prepares the report from including any information for the court concerning the
20impact of a delinquent act on the victim. If the delinquent act would not constitute
21a felony but a victim has suffered bodily harm or the act involved theft or damage to
22property, the person preparing the report is encouraged to seek the information
23described in this section.
AB130,274,4 24938.335 Dispositional hearings. (1) The court shall conduct a hearing to
25determine the disposition of a case in which a juvenile is adjudged to be delinquent

1under s. 938.12, to have violated a civil law or ordinance under s. 938.125 or to be in
2need of protection or services under s. 938.13, except that the court shall proceed as
3provided in s. 938.237 (2) if a citation is issued and the juvenile fails to contest the
4citation.
AB130,274,7 5(3) At hearings under this section, any party may present evidence relevant
6to the issue of disposition, including expert testimony, and may make alternative
7dispositional recommendations.
AB130,274,14 8(3m) (a) Before imposing a disposition in a proceeding in which a juvenile is
9adjudged to be delinquent under s. 938.12 or is found to be in need of protection or
10services under s. 938.13 (12), the court shall allow a victim or a family member of a
11homicide victim to make a statement or to submit a written statement to be read to
12the court. The court may allow any other person to make or submit a statement
13under this paragraph. Any statement made under this paragraph must be relevant
14to the disposition.
AB130,274,2015 (b) After a finding that a juvenile is delinquent under s. 938.12 or is found to
16be in need of protection or services under s. 938.13 (12), the district attorney or
17corporation counsel shall attempt to contact any known victim or family member of
18a homicide victim to inform that person of the right to make a statement under par.
19(a). Any failure to comply with this paragraph is not a ground for an appeal of a
20dispositional order or for any court to reverse or modify a dispositional order.
AB130,274,22 21(3r) At hearings under this section, a parent of the juvenile may present
22evidence relevant to the amount of child support to be paid by either or both parents.
AB130,275,2 23(4) At hearings under this section, s. 938.357, 938.363 or 938.365, on the
24request of any party, unless good cause to the contrary is shown, the court may admit

1testimony on the record by telephone or live audio-visual means, if available, under
2s. 807.13 (2). The request and the showing of good cause may be made by telephone.
AB130,275,4 3(5) At the conclusion of the hearing, the court shall make a dispositional order
4in accordance with s. 938.355.
AB130,275,9 5938.34 Disposition of juvenile adjudged delinquent. If the court adjudges
6a juvenile delinquent, the court shall enter an order deciding one or more of the
7dispositions of the case as provided in this section under a care and treatment plan.
8A disposition under sub. (4m) must be combined with a disposition under sub. (4n).
9The dispositions under this section are:
AB130,275,11 10(1) Counseling. Counsel the juvenile or the parent, guardian or legal
11custodian.
AB130,275,16 12(2) Supervision. (a) Place the juvenile under the supervision of an agency, the
13department, if the department approves, or a suitable adult, including a friend of the
14juvenile, under conditions prescribed by the court including reasonable rules for the
15juvenile's conduct, designed for the physical, mental and moral well-being and
16behavior of the juvenile.
AB130,275,2117 (b) If the juvenile is placed in the juvenile's home under the supervision of an
18agency, as defined under s. 938.38 (1) (a), order the agency to provide specified
19services to the juvenile and the juvenile's family, which may include but are not
20limited to individual, family or group counseling, homemaker or parent aide
21services, respite care, housing assistance, day care or parent skills training.
AB130,275,2322 (c) Order the juvenile to remain at his or her home or other placement for a
23period of not more than 20 days under rules of supervision specified in the order.
AB130,276,7 24(2g) Volunteers in probation program. If the juvenile is adjudicated
25delinquent for the commission of an act that would constitute a misdemeanor if

1committed by an adult, if the chief judge of the judicial administrative district has
2approved under s. 973.11 (2) a volunteers in probation program established in the
3juvenile's county of residence and if the court determines that volunteer supervision
4under that volunteers in probation program will likely benefit the juvenile and the
5community, placement of the juvenile with that volunteers in probation program
6under such conditions as the court determines are reasonable and appropriate.
7These conditions may include, but need not be limited to, any of the following:
AB130,276,108 (a) A directive to a volunteer to provide for the juvenile a role model, informal
9counseling, general monitoring and monitoring of the conditions established by the
10court, or any combination of these functions.
AB130,276,1111 (b) Any other disposition that the court may impose under this section.
AB130,276,13 12(2r) Intensive supervision. Order the juvenile to participate in an intensive
13supervision program under s. 938.534.
AB130,276,14 14(3) Placement. Designate one of the following as the placement for the juvenile:
AB130,276,1515 (a) The home of a parent or other relative of the juvenile.
AB130,276,1616 (b) A home which need not be licensed if placement is for less than 30 days.
AB130,276,1817 (c) A foster home or treatment foster home licensed under s. 48.62 or a group
18home licensed under s. 48.625.
AB130,276,1919 (d) A child caring institution licensed under s. 48.60.
AB130,276,2420 (e) An independent living situation effective on or after the juvenile's 17th
21birthday, either alone or with friends, under such supervision as the court considers
22appropriate, but only if the juvenile is of sufficient maturity and judgment to live
23independently and only upon proof of a reasonable plan for supervision by an
24appropriate person or agency.
AB130,277,3
1(f) A secure detention facility or juvenile portion of a county jail that meets the
2standards promulgated by the department of corrections by rule, or in a place of
3nonsecure custody designated by the court, subject to all of the following:
AB130,277,54 1. The placement may be for any combination of single or consecutive days
5totalling not more than 30.
AB130,277,106 2. The order may provide that the juvenile may be released from the secure
7detention facility, juvenile portion of the jail or place of nonsecure custody during
8specified hours to attend school, to work at the juvenile's place of employment or to
9attend or participate in any activity which the court considers beneficial to the
10juvenile.
AB130,277,1411 3. The use of placement in a secure detention facility or in a juvenile portion
12of a county jail as a disposition under par. (a) is subject to the adoption of a resolution
13by the county board of supervisors under s. 938.06 (5) authorizing the use of those
14placements as a disposition.
AB130,277,17 15(3g) Electronic monitoring. If the juvenile is placed in the community under
16sub. (2r) or (3) (a) to (e), order the juvenile to be monitored by an electronic monitoring
17system.
AB130,277,20 18(4) Transfer of legal custody. If it is shown that the rehabilitation or the
19treatment and care of the juvenile cannot be accomplished by means of voluntary
20consent of the parent or guardian, transfer legal custody to any of the following:
AB130,277,2121 (a) A relative of the juvenile.
AB130,277,2222 (b) A county department.
AB130,277,2323 (c) A licensed child welfare agency.
AB130,278,3
1(4g) Youthful offender program. Transfer legal custody to the department
2of corrections for participation in the youthful offender program under s. 938.537,
3but only if all of the following apply:
AB130,278,84 (a) The juvenile is 15 years of age or over and has been adjudicated delinquent
5for committing an act that would be punishable as a Class A, B, C or D felony if
6committed by an adult and the juvenile has been adjudicated delinquent or found to
7be in need of protection or services previously for committing an act that would be
8a felony if committed by an adult.
AB130,278,129 (b) The juvenile has been the subject of a previous dispositional order under
10this section or s. 938.345 and $30,000 or more has been expended on providing
11services for the juvenile under the previous dispositional order since the juvenile
12attained the age of 10 years.
AB130,278,1513 (c) The judge finds that the only other disposition that would be appropriate
14for the juvenile would be placement of the juvenile in a secured correctional facility
15under the supervision of the department of health and social services.
AB130,278,1716 (d) The report under s. 938.33 (3m) recommends placement of the juvenile in
17the youthful offender program.
AB130,278,21 18(4m) Correctional placement. Place the juvenile in a secured correctional
19facility under the supervision of the department if the juvenile is 12 years of age or
20over or, if the juvenile is under 12 years of age, in a secured child caring institution
21under the supervision of the department, but only if all of the following apply:
AB130,278,2422 (a) The juvenile has been found to be delinquent for the commission of an act
23which if committed by an adult would be punishable by a sentence of 6 months or
24more.
AB130,279,4
1(b) The juvenile has been found to be a danger to the public and to be in need
2of restrictive custodial treatment. If the judge determines that any of the following
3conditions applies, that determination shall be prima facie evidence that the juvenile
4is a danger to the public and in need of restrictive custodial treatment:
AB130,279,75 1. The juvenile has committed a delinquent act that would be a felony under
6s. 940.03, 940.19 (2) to (6), 940.21, 940.225 (1), 940.31, 941.20 (3), 943.23 (1g), (1m)
7or (1r), 943.32 (2), 948.02 (1) or (2), 948.025 or 948.03 if committed by an adult.
AB130,279,118 2. The juvenile has possessed, used or threatened to use a handgun, as defined
9in s. 175.35 (1) (b), short-barreled rifle, as defined in s. 941.28 (1) (b), or
10short-barreled shotgun, as defined in s. 941.28 (1) (c), while committing a delinquent
11act that would be a felony under ch. 940 if committed by an adult.
AB130,279,1412 3. The juvenile has possessed or gone armed with a short-barreled rifle or a
13short-barreled shotgun in violation of s. 941.28 or has possessed or gone armed with
14a handgun in violation of s. 948.60.
AB130,279,21 15(4n) Aftercare supervision. Subject to any arrangement between the
16department and a county department regarding the provision of aftercare
17supervision for juveniles who have been released from a secured correctional facility
18that is operated by the department or a secured child caring institution, designate
19one of the following to provide aftercare supervision for the juvenile following the
20juvenile's release from the secured correctional facility or secured child caring
21institution:
AB130,279,2222 (a) The department.
AB130,279,2423 (b) The county department of the county of the court that placed the juvenile
24in the secured correctional facility or secured child caring institution.
AB130,279,2525 (c) The county department of the juvenile's county of legal residence.
AB130,280,10
1(5) Restitution. (a) Subject to par. (c), if the juvenile is found to have
2committed a delinquent act which has resulted in damage to the property of another,
3or actual physical injury to another excluding pain and suffering, order the juvenile
4to repair the damage to property or to make reasonable restitution for the damage
5or injury if the court, after taking into consideration the well-being and needs of the
6victim, considers it beneficial to the well-being and behavior of the juvenile. Any
7such order shall include a finding that the juvenile alone is financially able to pay
8and may allow up to the date of the expiration of the order for the payment. Objection
9by the juvenile to the amount of damages claimed shall entitle the juvenile to a
10hearing on the question of damages before the amount of restitution is ordered.
AB130,280,1411 (am) Subject to par. (c), order a juvenile who owes restitution under par. (a) and
12who is receiving income while placed in a secured correctional facility, residential
13treatment center or other out-of-home placement to contribute a stated percentage
14of that income towards that restitution.
AB130,280,2115 (b) In addition to any other employment or duties permitted under ch. 103 or
16any rule or order under ch. 103, a juvenile who is 10 to 13 years of age who is
17participating in a restitution project provided by the county may, for the purpose of
18making restitution ordered by the court under this subsection, be employed or
19perform any duties under any circumstances in which a juvenile 14 or 15 years of age
20is permitted to be employed or perform duties under ch. 103 or any rule or order
21under ch. 103.
AB130,280,2322 (c) Under this subsection, a court may not order a juvenile who is 10 to 13 years
23of age to make more than $250 in restitution.
AB130,281,3 24(5g) Supervised work program or other community service work. (a) Order
25the juvenile to participate in a supervised work program administered by the county

1department or a community agency approved by the court or other community
2service work administered by a public agency or nonprofit charitable organization
3approved by the court.
AB130,281,124 (am) The court shall set standards for the supervised work program within the
5budgetary limits established by the county board of supervisors. The supervised
6work program may provide the juvenile reasonable compensation reflecting a
7reasonable market value of the work performed or it may consist of uncompensated
8community service work. Community service work may be in lieu of restitution only
9if also agreed to by the county department, community agency, public agency or
10nonprofit charitable organization and by the person to whom the restitution is owed.
11The court may use any available resources, including any community service work
12program, in ordering the juvenile to perform community service work.
AB130,281,2013 (b) The supervised work program or other community service work shall be of
14a constructive nature designed to promote the rehabilitation of the juvenile, shall be
15appropriate to the age level and physical ability of the juvenile and shall be combined
16with counseling from a member of the staff of the county department, community
17agency, public agency or nonprofit charitable organization or other qualified person.
18The supervised work program or other community service work may not conflict with
19the juvenile's regular attendance at school. Subject to par. (d), the amount of work
20required shall be reasonably related to the seriousness of the juvenile's offense.
AB130,282,221 (c) In addition to any other employment or duties permitted under ch. 103 or
22any rule or order under ch. 103, a juvenile who is 10 to 13 years of age who is
23participating in a supervised work program or other community service work may,
24for purposes of performing the supervised work or other community service work, be
25employed or perform any duties under any circumstances in which a juvenile 14 or

115 years of age is permitted to be employed or perform duties under ch. 103 or any
2rule or order under ch. 103.
AB130,282,53 (d) Under this subsection, a juvenile who is 10 to 13 years of age may not be
4required to perform more than 40 total hours of supervised work or other community
5service work.
AB130,282,10 6(5m) Community service work program. Order the juvenile to participate in
7a youth corps program, as defined in s. 16.22 (1) (dm), a conservation work project
8under s. 23.09 (22), a youth conservation camp under s. 23.09 (23) or another
9community service work program, if the sponsor of the program approves the
10juvenile's participation in the program.
AB130,282,13 11(5r) Victim-offender mediation program. Order the juvenile to participate in
12a victim-offender mediation program if the victim of the juvenile's delinquent act
13agrees.
AB130,282,16 14(6) Special treatment or care. (a) If the juvenile is in need of special treatment
15or care, as identified in an evaluation under s. 938.295 and the report under s. 938.33
16(1), order the juvenile's parent to provide the special treatment or care.
AB130,282,2117 (am) An order of special treatment or care under this subsection may include
18an order committing the juvenile to a county department under s. 51.42 or 51.437 for
19special treatment or care in an inpatient facility, as defined in s. 51.01 (10), if the
20evaluation under s. 938.295 and the report under s. 938.33 (1) indicate all of the
21following:
AB130,282,2222 1. That the juvenile has an alcohol or other drug abuse impairment.
AB130,282,2423 2. That the juvenile is a proper subject for treatment and is in need of inpatient
24treatment because appropriate treatment is not available on an outpatient basis.
AB130,283,9
1(ar) If the parent fails or is financially unable to provide the special treatment
2or care ordered under par. (a) or (am), the court may order an appropriate agency to
3provide the special treatment or care whether or not legal custody has been taken
4from the parents. If the court orders a county department under s. 51.42 or 51.437
5to provide special treatment or care under par. (a) or (am), the provision of that
6special treatment or care shall be subject to conditions specified in ch. 51, except that
7an order under par. (am) may not be extended. An order of special treatment or care
8under this subsection may not include an order for the administration of
9psychotropic medication.
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