AB130-SSA1,36,106
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-SSA1,36,1413
48.243
(1) (b) The nature and possible consequences of the proceedings
14including the provisions of ss. 48.17 and 48.18 if applicable;
AB130-SSA1,36,1916
48.243
(1) (c) The right to remain silent and the fact that
in a delinquency
17proceeding the silence of the child shall not be adversely considered by the court or
18jury, although silence of any party may be relevant
in any nondelinquency
19proceeding;
AB130-SSA1,36,2421
48.243
(1) (h) The right to have the allegations of the petition proved by clear
22and convincing evidence
unless the child comes within the court's jurisdiction under
23s. 48.12 or 48.13 (12), in which case the standard of proof shall be beyond a reasonable
24doubt.
AB130-SSA1,37,82
48.245
(1) The intake worker may enter into a written agreement with all
3parties which imposes informal disposition under this section if the intake worker
4has determined that neither the interests of the child nor of the public require filing
5of a petition for circumstances relating to ss.
48.12
48.13 to 48.14. Informal
6disposition shall be available only if the facts persuade the intake worker that the
7jurisdiction of the court, if sought, would exist and upon consent of the child, parent,
8guardian and legal custodian.
AB130-SSA1,37,1413
48.245
(2) (b) Informal disposition may not include any form of residential
14placement and may not exceed 6 months
, except as provided under sub. (2m).
AB130-SSA1,38,420
48.245
(7) If at any time during the period of informal disposition the intake
21worker determines that the obligations imposed under it are not being met, the
22intake worker may cancel the informal disposition. Within 10 days after the
23cancellation of the informal disposition, the intake worker shall notify the district
24attorney, corporation counsel or other official under s. 48.09 of the cancellation and
25recommend whether or not a petition should be filed.
In delinquency cases, the
1district attorney may initiate a petition within 20 days after the date of the notice
2regardless of whether the intake worker has recommended that a petition be filed. 3The judge shall dismiss with prejudice any petition which is not filed within the time
4limit specified in this subsection.
AB130-SSA1,38,106
48.245
(8) If the obligations imposed under the informal disposition are met,
7the intake worker shall so inform the child and a parent, guardian and legal
8custodian in writing, and no petition may be filed
or citation issued on the charges
9that brought about the informal disposition nor may the charges be the sole basis for
10a petition under ss. 48.13 to 48.14.
AB130-SSA1,38,2112
48.25
(1) A petition initiating proceedings under this chapter shall be signed
13by a person who has knowledge of the facts alleged or is informed of them and
14believes them to be true.
If a petition under s. 48.12 is to be filed, it shall be prepared,
15signed and filed by the district attorney. The district attorney,
city attorney or 16corporation counsel or other appropriate official specified under s. 48.09 may file the
17petition if the proceeding is under s.
48.125 or 48.13. The counsel or guardian ad
18litem for a parent, relative, guardian or child may file a petition under s. 48.13 or
1948.14. The district attorney, corporation counsel or other appropriate person
20designated by the court may initiate proceedings under s. 48.14 in a manner specified
21by the court.
AB130-SSA1, s. 163
22Section
163. 48.25 (2) (a) of the statutes is renumbered 48.25 (2) and amended
23to read:
AB130-SSA1,39,1724
48.25
(2) If the proceeding is brought under s.
48.12, 48.125 or 48.13, the
25district attorney, corporation counsel or other appropriate official shall file the
1petition, close the case, or refer the case back to intake within 20 days after the date
2that the intake worker's recommendation was filed. A referral back to intake may
3be made only when the district attorney, corporation counsel or other appropriate
4official decides not to file a petition or determines that further investigation is
5necessary. If the case is referred back to intake upon a decision not to file a petition,
6the intake worker shall close the case or enter into an informal disposition within 20
7days. If the case is referred back to intake for further investigation, the appropriate
8agency or person shall complete the investigation within 20 days. If another referral
9is made to the district attorney, corporation counsel or other appropriate official, it
10shall be considered a new referral to which the time limits of this subsection shall
11apply. The time limits in this subsection may only be extended by a judge upon a
12showing of good cause under s. 48.315. If a petition is not filed within the time
13limitations set forth in this subsection and the court has not granted an extension,
14the petition shall be accompanied by a statement of reasons for the delay. The court
15shall dismiss with prejudice a petition which was not timely filed unless the court
16finds at the plea hearing that good cause has been shown for failure to meet the time
17limitations.
AB130-SSA1,39,2420
48.25
(3) If the district attorney,
city attorney or corporation counsel or other
21appropriate official specified in s. 48.09 refuses to file a petition, any person may
22request the judge to order that the petition be filed and a hearing shall be held on the
23request. The judge may order the filing of the petition on his or her own motion. The
24matter may not be heard by the judge who orders the filing of a petition.
AB130-SSA1,40,94
48.255
(1) (intro.) A petition initiating proceedings under this chapter
other
5than a petition initiating proceedings under s. 48.12 or 48.13 (12), shall be entitled,
6"In the interest of (child's name), a person under the age of 18"
. A petition initiating
7proceedings under s. 48.12 or 48.13 (12) shall be entitled, "In the interest of (child's
8name), a person under the age of 17". A petition initiating proceedings under this
9chapter and shall set forth with specificity:
AB130-SSA1,40,1612
48.255
(1) (e) If the child is alleged to come within the provisions of s. 48.13
(1)
13to (11) or 48.14, reliable and credible information which forms the basis of the
14allegations necessary to invoke the jurisdiction of the court and to provide reasonable
15notice of the conduct or circumstances to be considered by the court together with a
16statement that the child is in need of supervision, services, care or rehabilitation.
AB130-SSA1,40,1918
48.255
(3) If the information required under sub. (1)
(d) or (e) is not stated the
19petition shall be dismissed or amended under s. 48.263 (2).
AB130-SSA1,40,2321
48.255
(4) A copy of the petition shall be given to the child if the child is 12 years
22of age or older
or alleged to have committed a delinquent act and to the parents,
23guardian, legal custodian and physical custodian.
AB130-SSA1,41,7
148.263
(2) With reasonable notification to the interested parties and prior to
2the taking of a plea under s. 48.30, the petition may be amended at the discretion of
3the court or person who filed the petition. After the taking of a plea, if the child is
4alleged to be
delinquent, the court may allow amendment of the petition to conform
5to the proof if the amendment is not prejudicial to the child. If the child is alleged
6to be in need of protection or services, the petition may be amended provided any
7objecting party is allowed a continuance for a reasonable time.
AB130-SSA1,41,139
48.27
(1) After a
citation is issued or a petition has been filed relating to facts
10concerning a situation specified under ss.
48.12, 48.125 and 48.13, unless the parties
11under sub. (3) voluntarily appear, the court may issue a summons requiring the
12person who has legal custody of the child to appear personally, and, if the court so
13orders, to bring the child before the court at a time and place stated.
AB130-SSA1,41,2017
48.27
(8) When a petition is filed under s.
48.12 or 48.13, the court shall notify,
18in writing, the child's parents or guardian that they may be ordered to reimburse this
19state or the county for the costs of legal counsel provided for the child, as provided
20under s. 48.275 (2).
AB130-SSA1,42,1322
48.273
(1) Service of summons or notice required by s. 48.27 may be made by
23mailing a copy thereof to the persons summoned or notified. If the persons
, other
24than a person specified in s. 48.27 (4m), fail to appear at the hearing or otherwise to
25acknowledge service, a continuance shall be granted, except where the court
1determines otherwise because the child is in secure custody, and service shall be
2made personally by delivering to the persons a copy of the summons or notice; except
3that if the court is satisfied that it is impracticable to serve the summons or notice
4personally, it may make an order providing for the service of the summons or notice
5by certified mail addressed to the last-known addresses of the persons. The court
6may refuse to grant a continuance when the child is being held in secure custody, but
7in such a case the court shall order that service of notice of the next hearing be made
8personally or by certified mail to the last-known address of the person who failed to
9appear at the hearing. Personal service shall be made at least 72 hours before the
10time of the hearing. Mail shall be sent at least 7 days before the time of the hearing,
11except where the petition is filed under s. 48.13 and the person to be notified lives
12outside the state, in which case the mail shall be sent at least 14 days before the time
13of the hearing.
AB130-SSA1,42,1915
48.273
(3) The expenses of service of summons or notice or of the publication
16of summons or notice and the traveling expenses and fees as allowed in ch. 885
17incurred by any person summoned or required to appear at the hearing of any case
18coming within the jurisdiction of the court under ss.
48.12 48.13 to 48.14, shall be a
19charge on the county when approved by the court.
AB130-SSA1,42,2521
48.275
(1) If the court finds a child to be
delinquent under s. 48.12, in violation
22of a civil law or ordinance under s. 48.125 or in need of protection or services under
23s. 48.13, the court shall order the parents of the child to contribute toward the
24expense of post-adjudication services to the child the proportion of the total amount
25which the court finds the parents are able to pay.
AB130-SSA1,43,113
48.275
(2) (a) If this state or a county provides legal counsel to a child subject
4to a proceeding under s.
48.12 or 48.13, the court shall order the child's parent to
5reimburse the state or county in accordance with par. (b) or (c). The court may not
6order reimbursement if a parent is the complaining or petitioning party or if the court
7finds that the interests of the parent and the interests of the child in the proceeding
8are substantially and directly adverse and that reimbursement would be unfair to
9the parent. The court may not order reimbursement until the completion of the
10proceeding or until the state or county is no longer providing the child with legal
11counsel in the proceeding.
AB130-SSA1, s. 182
12Section
182. 48.275 (3) of the statutes is repealed and recreated to read:
AB130-SSA1,43,1313
48.275
(3) This section does not apply to any proceedings under s. 48.375 (7).
AB130-SSA1,43,2515
48.29
(1) Except as provided in sub. (1g), the The child, or the child's parent,
16guardian or legal custodian, either before or during the plea hearing, may file a
17written request with the clerk of the court or other person acting as the clerk for a
18substitution of the judge assigned to the proceeding. Upon filing the written request,
19the filing party shall immediately mail or deliver a copy of the request to the judge
20named therein.
In a proceeding under s. 48.12 or 48.13 (12), only the child may
21request a substitution of the judge. Whenever any person has the right to request
22a substitution of judge, that person's counsel or guardian ad litem may file the
23request. Not more than one such written request may be filed in any one proceeding,
24nor may any single request name more than one judge. This section shall not apply
25to proceedings under s. 48.21.
AB130-SSA1,44,113
48.29
(1m) When the clerk receives a request for substitution, the clerk shall
4immediately contact the judge whose substitution has been requested for a
5determination of whether the request was made timely and in proper form.
Except
6as provided in sub. (2), if If the request is found to be timely and in proper form, the
7judge named in the request has no further jurisdiction and the clerk shall request
8the assignment of another judge under s. 751.03. If no determination is made within
97 days, the clerk shall refer the matter to the chief judge of the judicial administrative
10district for determination of whether the request was made timely and in proper form
11and reassignment as necessary.
AB130-SSA1,44,1714
48.29
(3) Subsections (1) to
(2)
(1m) do not apply in any proceeding under s.
1548.375 (7). For proceedings under s. 48.375 (7), the minor may select the judge whom
16she wishes to be assigned to the proceeding and that judge shall be assigned to the
17proceeding.
AB130-SSA1,44,2519
48.293
(1) Copies of all
peace law enforcement officer reports, including but not
20limited to the officer's memorandum and witnesses' statements, shall be made
21available upon request to counsel or guardian ad litem prior to a plea hearing. The
22reports shall be available through the representative of the public designated under
23s. 48.09.
The child, through counsel or guardian ad litem, is the only party who shall
24have access to the reports in proceedings under ss. 48.12, 48.125 and 48.13 (12). The
25identity of a confidential informant may be withheld pursuant to s. 905.10.
AB130-SSA1,45,122
48.293
(2) All records relating to a child which are relevant to the subject
3matter of a proceeding under this chapter shall be open to inspection by a guardian
4ad litem or counsel for any party, upon demand and upon presentation of releases
5where necessary, at least 48 hours before the proceeding. Persons entitled to inspect
6the records may obtain copies of the records with the permission of the custodian of
7the records or with permission of the court. The court may instruct counsel not to
8disclose specified items in the materials to the child or the parent if the court
9reasonably believes that the disclosure would be harmful to the interests of the child.
10Sections 971.23 to 971.25 and 972.11 (5) shall be applicable in all delinquency
11proceedings under this chapter except the court shall establish the timetable for ss.
12971.23 (3), (8) and (9) and 972.11 (5).
AB130-SSA1, s. 190
13Section
190. 48.295 (1c) (intro.) and (a) of the statutes are consolidated,
14renumbered 48.295 (1c) and amended to read:
AB130-SSA1,45,1915
48.295
(1c) Reasonable cause is considered to exist to warrant an alcohol and
16other drug abuse assessment under sub. (1) if
any of the following applies: (a) The 17the multidisciplinary screen procedure conducted under s. 48.24 (2) indicates that
18the child is at risk of having needs and problems related to alcohol or other drug
19abuse.
AB130-SSA1, s. 194
23Section
194. 48.295 (2) (b) of the statutes is renumbered 48.295 (2) and
24amended to read:
AB130-SSA1,46,19
148.295
(2) The examiner shall file a report of the examination with the court
2by the date specified in the order. The court shall cause copies to be transmitted to
3the district attorney or corporation counsel and to the child's counsel. The report
4shall describe the nature of the examination and identify the persons interviewed,
5the particular records reviewed and any tests administered to the child.
If the
6examination is ordered following a plea under s. 48.30 (4) (c), the report shall also
7contain an opinion regarding whether the child suffered from mental disease or
8defect at the time of the commission of the act alleged in the petition and, if so,
9whether this caused the child to lack substantial capacity to appreciate the
10wrongfulness of his or her conduct or to conform his or her conduct to the
11requirements of law. If the examination is ordered following a finding that there is
12probable cause to believe that the child has committed the alleged offense and that
13there is reason to doubt the child's competency to proceed, the report shall also
14contain an opinion regarding the child's present mental capacity to understand the
15proceedings and assist in his or her defense and, if the examiner reports that the
16child lacks competency to proceed, the examiner's opinion regarding the likelihood
17that the child, if provided treatment, may be restored to competency within the time
18specified in s. 48.30 (5) (e) 1. The report shall also state in reasonable detail the facts
19and reasoning upon which the examiner's opinions are based.
AB130-SSA1,47,222
48.297
(2) Defenses and objections based on defects in the institution of
23proceedings, lack of probable cause on the face of the petition, insufficiency of the
24petition
or a citation or invalidity in whole or in part of the statute on which the
25petition
or a citation is founded shall be raised not later than 10 days after the plea
1hearing or be deemed waived. Other motions capable of determination without trial
2may be brought any time before trial.
AB130-SSA1,47,94
48.297
(3) Motions to suppress evidence as having been illegally seized or
5statements illegally obtained shall be made before fact-finding on the issues. The
6court may entertain the motion at the fact-finding hearing if it appears that a party
7is surprised by the attempt to introduce such evidence and that party waives
8jeopardy.
Only the child may waive jeopardy in cases under s. 48.12, 48.125 or 48.13
9(12).
AB130-SSA1,47,1411
48.297
(5) If the child is in custody and the court grants a motion to dismiss
12based upon a defect in the petition
or a citation or in the institution of the
13proceedings, the court may order the child continued in custody for not more than 48
14hours pending the filing of a new petition
or citation.
AB130-SSA1,48,216
48.299
(1) (a) The general public shall be excluded from hearings under this
17chapter and from hearings by courts exercising jurisdiction under s. 48.16
or 48.17
18(2) unless a public fact-finding hearing is demanded by a child through his or her
19counsel. However, the court shall refuse to grant the public hearing
if the victim of
20an alleged sexual assault objects or, in a
nondelinquency proceeding other than a
21proceeding under s. 48.375 (7), if a parent or guardian objects. All hearings under
22s. 48.375 (7) shall be held in chambers, unless a public fact-finding hearing is
23demanded by the child through her counsel. If a public hearing is not held, only the
24parties, their counsel, witnesses and other persons requested by a party and
25approved by the court may be present. Except in a proceeding under s. 48.375 (7),
1any other person the court finds to have a proper interest in the case or in the work
2of the court, including a member of the bar, may be admitted by the court.
AB130-SSA1,48,75
48.299
(4) (a) Chapters 901 to 911 shall govern the presentation of evidence at
6the fact-finding hearings under ss. 48.31 and 48.42.
Section 972.11 (5) applies at
7fact-finding proceedings in all delinquency proceedings under this chapter.