AB130-SSA1,180,1818 (gm) Conduct uncontested proceedings under s. 938.12, 938.13 or 938.18.
AB130-SSA1,180,2019 (h) Perform such other duties, not in conflict with this chapter, as the judge may
20direct.
AB130-SSA1,180,21 21(3) The juvenile court commissioner may not do any of the following:
AB130-SSA1,180,2222 (a) Conduct waiver hearings under s. 938.18 except as provided in sub. (2) (gm).
AB130-SSA1,180,2423 (b) Conduct fact-finding or dispositional hearings except petitions or citations
24under s. 938.125 and except as provided in sub. (2) (gm).
AB130-SSA1,181,3
1(c) Make dispositions other than ordering compliance with deferred
2prosecution agreements and approving consent decrees and other than dispositions
3in uncontested proceedings under s. 938.12 or 938.13.
AB130-SSA1,181,64 (e) Make changes in placements of juveniles, or revisions or extensions of
5dispositional orders, except pursuant to petitions or citations under s. 938.125 and
6except in uncontested proceedings under s. 938.12 or 938.13.
AB130-SSA1,181,77 (f) Make any dispositional order under s. 938.34 (4h) or (4m).
AB130-SSA1,181,11 8(4) When acting officially, the juvenile court commissioner shall sit at the
9courthouse or the usual court facility for juvenile delinquency matters. Any decision
10of the juvenile court commissioner shall be reviewed by the judge upon the request
11of any interested party.
AB130-SSA1,181,14 12938.067 Powers and duties of intake workers. To carry out the objectives
13and provisions of this chapter but subject to its limitations, intake workers shall do
14all of the following:
AB130-SSA1,181,16 15(1) Provide intake services 24 hours a day, 7 days a week, for the purpose of
16screening juveniles taken into custody and not released under s. 938.20 (2).
AB130-SSA1,182,3 17(2) Interview, unless impossible, any juvenile who is taken into physical
18custody and not released, and where appropriate interview other available
19concerned parties. If the juvenile cannot be interviewed, the intake worker shall
20consult with the juvenile's parent or a responsible adult. No juvenile may be placed
21in a secure detention facility unless the juvenile has been interviewed in person by
22an intake worker, except that if the intake worker is in a place which is distant from
23the place where the juvenile is or the hour is unreasonable, as defined by written
24court intake rules, and if the juvenile meets the criteria under s. 938.208, the intake
25worker, after consulting by telephone with the law enforcement officer who took the

1juvenile into custody, may authorize the secure holding of the juvenile while the
2intake worker is en route to the in-person interview or until 8 a.m. of the morning
3after the night on which the juvenile was taken into custody.
AB130-SSA1,182,5 4(3) Determine whether the juvenile shall be held under s. 938.205 and such
5policies as the judge shall promulgate under s. 938.06 (1) or (2).
AB130-SSA1,182,6 6(4) If the juvenile is not released, determine where the juvenile shall be held.
AB130-SSA1,182,8 7(5) Provide crisis counseling during the intake process when such counseling
8appears to be necessary.
AB130-SSA1,182,11 9(6) Receive referral information, conduct intake inquiries, make
10recommendations as to whether a petition should be filed, and enter into deferred
11prosecution agreements under policies promulgated under s. 938.06 (1) or (2).
AB130-SSA1,182,13 12(6m) Conduct the multidisciplinary screen in counties that have a pilot
13program under s. 938.547.
AB130-SSA1,182,15 14(7) Make referrals of cases to other agencies if their assistance appears to be
15needed or desirable.
AB130-SSA1,182,17 16(8) Make interim recommendations to the court concerning juveniles awaiting
17final disposition under s. 938.355.
AB130-SSA1,182,20 18(9) Perform any other functions ordered by the court, and assist the court or
19chief judge of the judicial administrative district in developing written policies or
20carrying out its other duties when the court or chief judge so requests.
AB130-SSA1,182,24 21938.069 Powers and duties of disposition staff. (1) The staff of the
22department, the court, a county department or a licensed child welfare agency
23designated by the court to carry out the objectives and provisions of this chapter
24shall:
AB130-SSA1,183,2
1(a) Supervise and assist a juvenile under a deferred prosecution agreement, a
2consent decree or an order of the court.
AB130-SSA1,183,33 (b) Offer individual and family counseling.
AB130-SSA1,183,64 (c) Make an affirmative effort to obtain necessary or desired services for the
5juvenile and the juvenile's family and investigate and develop resources toward that
6end.
AB130-SSA1,183,87 (d) Prepare reports for the court recommending a plan of rehabilitation,
8treatment and care.
AB130-SSA1,183,109 (dj) Provide aftercare services for a juvenile who has been released from a
10secured correctional facility or a secured child caring institution.
AB130-SSA1,183,1211 (e) Perform any other functions consistent with this chapter which are ordered
12by the court.
AB130-SSA1,183,15 13(2) Licensed child welfare agencies and the department shall provide services
14under this section only upon the approval of the agency from whom services are
15requested.
AB130-SSA1,183,18 16(3) A court or county department responsible for disposition staff may agree
17with the court or county department responsible for providing intake services that
18the disposition staff may be designated to provide some or all of the intake services.
AB130-SSA1,183,21 19(4) Disposition staff employed to perform the duties specified in sub. (1) after
20November 18, 1978, shall have the qualifications required under the county merit
21system.
AB130-SSA1,183,25 22938.07 Additional sources of court services. If the county board of
23supervisors has complied with s. 938.06, the court may obtain supplementary
24services for investigating cases and providing supervision of cases from one or more
25of the following sources:
AB130-SSA1,184,6
1(2) Licensed child welfare agency. The court may request the services of a
2child welfare agency licensed under s. 48.60 in accordance with procedures
3established by that agency. The child welfare agency shall receive no compensation
4for these services but may be reimbursed out of funds made available to the court for
5the actual and necessary expenses incurred in the performance of duties for the
6court.
AB130-SSA1,184,14 7(3) County department in populous counties. In counties having a population
8of 500,000 or more, the director of the county department may be ordered by the court
9to provide services for furnishing emergency shelter care to any juvenile whose need
10therefor, either by reason of need of protection and services or delinquency, is
11determined by the intake worker under s. 938.205. The court may authorize the
12director to appoint members of the county department to furnish emergency shelter
13care services for the juvenile. The emergency shelter care may be provided as
14specified in s. 938.207.
AB130-SSA1,184,20 15(4) County departments that provide developmental disabilities, mental
16health or alcohol and other drug abuse services.
Within the limits of available
17state and federal funds and of county funds appropriated to match state funds, the
18court may order county departments established under s. 51.42 or 51.437 to provide
19special treatment or care to a juvenile if special treatment or care has been ordered
20under s. 938.34 (6) and if s. 938.362 (4) applies.
AB130-SSA1,185,2 21938.08 Duties of person furnishing services to court. (1) It is the duty
22of each person appointed to furnish services to the court as provided in ss. 938.06 and
23938.07 to make such investigations and exercise such discretionary powers as the
24judge may direct, to keep a written record of such investigations and to submit a
25report to the judge. The person shall keep informed concerning the conduct and

1condition of the juvenile under the person's supervision and shall report thereon as
2the judge directs.
AB130-SSA1,185,8 3(2) Except as provided in sub. (3), any person authorized to provide or providing
4intake or dispositional services for the court under ss. 938.067 and 938.069 has the
5power of police officers and deputy sheriffs only for the purpose of taking a juvenile
6into physical custody when the juvenile comes voluntarily or is suffering from illness
7or injury or is in immediate danger from his or her surroundings and removal from
8the surroundings is necessary.
AB130-SSA1,185,12 9(3) (a) In addition to the law enforcement authority specified in sub. (2),
10department personnel designated by the department have the power of law
11enforcement authorities to take a juvenile into physical custody under the following
12conditions:
AB130-SSA1,185,1413 1. If they are in prompt pursuit of a juvenile who has run away from a secured
14correctional facility or secured child caring institution.
AB130-SSA1,185,1615 2. If the juvenile has failed to return to a secured correctional facility or secured
16child caring institution after any authorized absence.
AB130-SSA1,185,2017 (b) A juvenile taken into custody under par. (a) may be returned directly to the
18secured correctional facility or secured child caring institution and shall have a
19hearing regarding placement in a disciplinary cottage or in disciplinary status in
20accordance with ch. 227.
AB130-SSA1,185,22 21938.09 Representation of the interests of the public. The interests of the
22public shall be represented in proceedings under this chapter as follows:
AB130-SSA1,185,23 23(1) By the district attorney, in any matter arising under s. 938.12.
AB130-SSA1,186,4 24(2) By the district attorney or, if designated by the county board of supervisors,
25by the corporation counsel, in any matter concerning a civil law violation arising

1under s. 938.125. If the county board transfers this authority to or from the district
2attorney on or after May 11, 1990, the board may do so only if the action is effective
3on September 1 of an odd-numbered year and the board notifies the department of
4administration of that change by January 1 of that odd-numbered year.
AB130-SSA1,186,6 5(3) By the city, village or town attorney, in any matter concerning a city, village
6or town ordinance violation, respectively, arising under s. 938.125.
AB130-SSA1,186,8 7(4) By any appropriate person designated by the county board of supervisors
8in any matter concerning a noncity ordinance violation arising under s. 938.125.
AB130-SSA1,186,14 9(5) By the district attorney or, if designated by the county board of supervisors,
10by the corporation counsel, in any matter arising under s. 938.13. If the county board
11transfers this authority to or from the district attorney on or after May 11, 1990, the
12board may do so only if the action is effective on September 1 of an odd-numbered
13year and the board notifies the department of administration of that change by
14January 1 of that odd-numbered year.
AB130-SSA1,186,16 15(6) By any appropriate person designated by the county board of supervisors
16in any matter arising under s. 938.14.
AB130-SSA1,186,21 17938.10 Power of the judge to act as intake worker. The duties of the intake
18worker may be carried out from time to time by the judge at his or her discretion, but
19if a recommendation to file a petition is made, a citation is issued or a deferred
20prosecution agreement is entered into, the judge shall be disqualified from
21participating further in the proceedings.
AB130-SSA1,186,2322 SUBCHAPTER III
23 JURISDICTION
AB130-SSA1,187,3
1938.12 Jurisdiction over juveniles alleged to be delinquent. (1) The
2court has exclusive jurisdiction, except as provided in ss. 938.17, 938.18 and 938.183,
3over any juvenile 10 years of age or over who is alleged to be delinquent.
AB130-SSA1,187,7 4(2) If a court proceeding has been commenced under this section before a
5juvenile is 17 years of age, but the juvenile becomes 17 years of age before admitting
6the facts of the petition at the plea hearing or if the juvenile denies the facts, before
7an adjudication, the court retains jurisdiction over the case.
AB130-SSA1,187,11 8938.125 Jurisdiction over juveniles alleged to have violated civil laws
9or ordinances.
The court has exclusive jurisdiction over any juvenile alleged to
10have violated a law punishable by forfeiture or a county, town or other municipal
11ordinance, except as follows:
AB130-SSA1,187,12 12(1) As provided under s. 938.17.
AB130-SSA1,187,17 13(2) That the court has exclusive jurisdiction over any juvenile alleged to have
14violated an ordinance enacted under s. 118.163 (2) only if evidence is provided by the
15school attendance officer that the activities under s. 118.16 (5) have been completed
16or were not completed due to the child's absence from school as provided in s. 118.16
17(5m).
AB130-SSA1,187,20 18938.13 Jurisdiction over juveniles alleged to be in need of protection
19or services.
The court has exclusive original jurisdiction over a juvenile alleged to
20be in need of protection or services which can be ordered by the court, and:
AB130-SSA1,187,22 21(4) Whose parent or guardian signs the petition requesting jurisdiction and
22states that he or she is unable to control the juvenile.
AB130-SSA1,188,2 23(6) Who is habitually truant from school, if evidence is provided by the school
24attendance officer that the activities under s. 118.16 (5) have been completed or were

1not completed due to the child's absence from school as provided in s. 118.16 (5m),
2except as provided under s. 938.17 (2).
AB130-SSA1,188,3 3(6m) Who is a school dropout, as defined in s. 118.153 (1) (b).
AB130-SSA1,188,7 4(7) Who is habitually truant from home and either the juvenile or a parent,
5guardian or a relative in whose home the juvenile resides signs the petition
6requesting jurisdiction and attests in court that reconciliation efforts have been
7attempted and have failed.
AB130-SSA1,188,9 8(12) Who, being under 10 years of age, has committed a delinquent act as
9defined in s. 938.12.
AB130-SSA1,188,12 10(14) Who has been determined, under s. 938.30 (5) (c), to be not responsible for
11a delinquent act by reason of mental disease or defect or who has been determined,
12under s. 938.30 (5) (d), to be not competent to proceed.
AB130-SSA1,188,16 13938.135 Referral of juveniles to proceedings under ch. 51 or 55. (1) If
14a juvenile alleged to be delinquent or in need of protection or services is before the
15court and it appears that the juvenile is developmentally disabled, mentally ill or
16drug dependent or suffers from alcoholism, the court may proceed under ch. 51 or 55.
AB130-SSA1,188,19 17(2) Any voluntary or involuntary admissions, placements or commitments of
18a juvenile made in or to an inpatient facility, as defined in s. 51.01 (10), other than
19a commitment under s. 938.34 (6) (am) shall be governed by ch. 51 or 55.
AB130-SSA1,188,22 20938.14 Jurisdiction over interstate compact proceedings. The court has
21exclusive jurisdiction over proceedings under the interstate compact for juveniles
22under s. 938.991.
AB130-SSA1,189,5 23938.15 Jurisdiction of other courts to determine legal custody. Nothing
24contained in s. 938.12, 938.13 or 938.14 deprives other courts of the right to
25determine the legal custody of juveniles by habeas corpus or to determine the legal

1custody or guardianship of juveniles if the legal custody or guardianship is incidental
2to the determination of causes pending in the other courts. But the jurisdiction of
3the court assigned to exercise jurisdiction under this chapter and ch. 48 is paramount
4in all cases involving juveniles alleged to come within the provisions of ss. 938.12 to
5938.14.
AB130-SSA1,189,19 6938.17 Jurisdiction over traffic, boating, snowmobile and all-terrain
7vehicle violations and over civil law and ordinance violations. (1)
Traffic,
8boating, snowmobile and all-terrain vehicle violations.
Except for ss. 342.06 (2)
9and 344.48 (1), and ss. 30.67 (1) and 346.67 when death or injury occurs, courts of
10criminal and civil jurisdiction shall have exclusive jurisdiction in proceedings
11against juveniles 16 or older for violations of s. 23.33, of ss. 30.50 to 30.80, of chs. 341
12to 351, and of traffic regulations as defined in s. 345.20 and nonmoving traffic
13violations as defined in s. 345.28 (1). A juvenile charged with a traffic, boating,
14snowmobile or all-terrain vehicle offense in a court of criminal or civil jurisdiction
15shall be treated as an adult before the trial of the proceeding except that the juvenile
16may be held in secure custody only in a secure detention facility. A juvenile convicted
17of a traffic, boating, snowmobile or all-terrain vehicle offense in a court of criminal
18or civil jurisdiction shall be treated as an adult for sentencing purposes except as
19follows:
AB130-SSA1,189,2120 (a) The court may disregard any minimum period of incarceration specified for
21the offense.
AB130-SSA1,189,2422 (b) If the court orders the juvenile to serve a period of incarceration of less than
236 months, the juvenile may serve that period of incarceration only in a secure
24detention facility.
AB130-SSA1,190,5
1(c) If the court of civil or criminal jurisdiction orders the juvenile to serve a
2period of incarceration of 6 months or more, that court shall petition the court
3assigned to exercise jurisdiction under this chapter and ch. 48 to order one or more
4of the dispositions provided in s. 938.34, including placement of the juvenile in a
5secured correctional facility under s. 938.34 (4m), if appropriate.
AB130-SSA1,190,16 6(2) Civil law and ordinance violations. (a) 1. Except as provided in sub. (1),
7municipal courts have concurrent jurisdiction with the court assigned to exercise
8jurisdiction under this chapter and ch. 48 in proceedings against juveniles aged 12
9or older for violations of county, town or other municipal ordinances. If evidence is
10provided by the school attendance officer that the activities under s. 118.16 (5) have
11been completed or were not completed due to the juvenile's absence from school as
12provided in s. 118.16 (5m), the municipal court specified in subd. 2. may exercise
13jurisdiction in proceedings against a juvenile for a violation of an ordinance enacted
14under s. 118.163 (2) regardless of the juvenile's age and regardless of whether the
15court assigned to exercise jurisdiction under this chapter and ch. 48 has jurisdiction
16under s. 938.13 (6).
AB130-SSA1,190,1817 2. a. In this subdivision, "administrative center" means the main
18administrative offices of a school district.
AB130-SSA1,190,2219 b. The municipal court that may exercise jurisdiction under subd. 1. is the
20municipal court that is located in the same municipality as the administrative center
21of the school district in which the juvenile is enrolled, if that municipality has
22adopted an ordinance under s. 118.163.
AB130-SSA1,191,223 c. If the municipality specified under subd. 2. b. has not adopted an ordinance
24under s. 118.163, the municipal court that may exercise jurisdiction under subd. 1.
25is the municipal court that is located in the municipality where the school in which

1the juvenile is enrolled is located, if that municipality has adopted an ordinance
2under s. 118.163.
AB130-SSA1,191,63 d. If the municipality specified under subd. 2. c. has not adopted an ordinance
4under s. 118.163, the municipal court that may exercise jurisdiction under subd. 1.
5is the municipal court that is located in the municipality where the juvenile resides,
6if that municipality has adopted an ordinance under s. 118.163.
AB130-SSA1,191,87 3. When a juvenile is alleged to have violated a municipal ordinance, the
8juvenile may be:
AB130-SSA1,191,109 a. Issued a citation directing the juvenile to appear in municipal court or make
10a deposit or stipulation and deposit in lieu of appearance;
AB130-SSA1,191,1311 b. Issued a citation directing the juvenile to appear in the court assigned to
12exercise jurisdiction under this chapter and ch. 48 or make a deposit or stipulation
13and deposit in lieu of appearance as provided in s. 938.237; or
AB130-SSA1,191,1614 c. Referred to intake for a determination whether a petition should be filed in
15the court assigned to exercise jurisdiction under this chapter and ch. 48 pursuant to
16s. 938.125.
AB130-SSA1,191,2017 (b) When a juvenile 12 years of age or older is alleged to have violated a civil
18law punishable by a forfeiture or where a juvenile is alleged to have violated a
19municipal ordinance but there is no municipal court in the municipality, the juvenile
20may be:
AB130-SSA1,191,2321 1. Issued a citation directing the juvenile to appear in the court assigned to
22exercise jurisdiction under this chapter and ch. 48 or make a deposit or stipulation
23and deposit in lieu of appearance as provided in s. 938.237; or
AB130-SSA1,192,3
12. Referred to intake for a determination whether a petition should be filed in
2the court assigned to exercise jurisdiction under this chapter and ch. 48 pursuant to
3s. 938.125.
AB130-SSA1,192,154 (c) The citation procedures described in ch. 800 shall govern proceedings
5involving juveniles in municipal court, except that this chapter shall govern the
6taking and holding of a juvenile in custody and par. (cg) shall govern the issuing of
7a summons to the juvenile's parent, guardian or legal custodian. When a juvenile is
8before the court assigned to exercise jurisdiction under this chapter and ch. 48 upon
9a citation alleging the juvenile to have violated a civil law or municipal ordinance,
10the procedures specified in s. 938.237 shall apply. If a citation is issued to a juvenile,
11the issuing agency shall notify the juvenile's parent, guardian and legal custodian
12within 7 days. The agency issuing a citation to a juvenile who is 12 to 15 years of age
13for a violation of s. 125.07 (4) (a) or (b), 125.085 (3) (b), 125.09 (2), 161.573 (2), 161.574
14(2) or 161.575 (2) or an ordinance conforming to one of those statutes shall send a copy
15to an intake worker under s. 938.24 for informational purposes only.
AB130-SSA1,193,416 (cg) After a citation is issued, unless the juvenile and his or her parent,
17guardian and legal custodian voluntarily appear, the municipal court may issue a
18summons requiring the parent, guardian and legal custodian of the juvenile to
19appear personally at any hearing involving the juvenile and, if the court so orders,
20to bring the juvenile before the court at a time and place stated. Section 938.273 shall
21govern the service of a summons under this paragraph, except that the expense of
22service or publication of a summons and of the travelling expenses and fees as
23allowed in ch. 885 of a person summoned shall be a charge on the municipality of the
24court issuing the summons when approved by the court. If any person summoned
25under this paragraph fails without reasonable cause to appear, he or she may be

1proceeded against for contempt of court under s. 785.06. If a summons cannot be
2served or if the person served fails to obey the summons or if it appears to the court
3that the service will be ineffectual, a capias may be issued for the juvenile and for the
4parent, guardian and legal custodian.
AB130-SSA1,193,95 (cm) A city, village or town may adopt an ordinance or bylaw specifying which
6of the dispositions under ss. 938.343 and 938.344 and sanctions under s. 938.355 (6)
7(d) 2. or 4. the municipal court of that city, village or town is authorized to impose.
8The use by the court of those dispositions and sanctions is subject to any ordinance
9or bylaw adopted under this paragraph.
AB130-SSA1,193,2410 (d) If a municipal court finds that the juvenile violated a municipal ordinance
11other than an ordinance enacted under s. 118.163 or an ordinance that conforms to
12s. 125.07 (4) (a) or (b), 125.085 (3) (b), 125.09 (2), 161.573 (2), 161.574 (2) or 161.575
13(2), the court shall enter any of the dispositional orders permitted under s. 938.343
14that are authorized under par. (cm). If a juvenile fails to pay the forfeiture imposed
15by the municipal court, the court may not impose a jail sentence but may suspend
16any license issued under ch. 29 for not less than 30 days nor more than 5 years, or
17suspend the juvenile's operating privilege, as defined in s. 340.01 (40), for not less
18than 30 days nor more than 5 years. If a court suspends a license or privilege under
19this section, the court shall immediately take possession of the applicable license and
20forward it to the department that issued the license, together with the notice of
21suspension clearly stating that the suspension is for failure to pay a forfeiture
22imposed by the court. If the forfeiture is paid during the period of suspension, the
23court shall immediately notify the department, which shall thereupon return the
24license to the person.
AB130-SSA1,194,4
1(e) If a municipal court finds that a juvenile violated a municipal ordinance that
2conforms to s. 125.07 (4) (a) or (b), 125.085 (3) (b), 125.09 (2), 161.573 (2), 161.574 (2)
3or 161.575 (2), the court shall enter a dispositional order under s. 938.344 that is
4authorized under par. (cm).
AB130-SSA1,194,85 (f) If the act the juvenile committed resulted in personal injury or damage to
6or loss of the property of another, the municipal court shall, to the extent possible,
7provide each known victim of the act with the information contained in the notice
8required under s. 938.346.
AB130-SSA1,194,119 (g) If a municipal court finds that a juvenile violated a municipal ordinance
10enacted under s. 118.163 (2), it shall enter a dispositional order under s. 938.342 (1)
11that is consistent with the municipal ordinance.
AB130-SSA1,194,2212 (h) 1. If a juvenile who has violated a municipal ordinance violates a condition
13of his or her dispositional order, the municipal court may impose on the juvenile any
14of the sanctions specified in s. 938.355 (6) (d) 2. or 4. that are authorized under par.
15(cm) or may petition the court assigned to exercise jurisdiction under this chapter
16and ch. 48 to impose on the juvenile the sanctions specified in s. 938.355 (6) (d) 1. or
173. that are authorized under par. (cm) if at the time of judgment the court explained
18the conditions to the juvenile and informed the juvenile of the possible sanctions
19under s. 938.355 (6) (d) that are authorized under par. (cm) for a violation or if before
20the violation the juvenile has acknowledged in writing that he or she has read, or has
21had read to him or her, those conditions and possible sanctions and that he or she
22understands those conditions and possible sanctions.
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