AB130-SSA1,225,1
14. Petition for revision of dispositional orders under s. 938.363.
AB130-SSA1,225,22 5. Petition for extension of dispositional orders under s. 938.365.
AB130-SSA1,225,43 6. Petition for a temporary restraining order and injunction under s. 813.122
4or 813.125.
AB130-SSA1,225,65 7. Petition for relief from a judgment terminating parental rights under s.
648.46.
AB130-SSA1,225,77 8. Perform any other duties consistent with this chapter and ch. 48.
AB130-SSA1,225,108 (b) The court shall order the agency identified under s. 938.355 (2) (b) 1. as
9primarily responsible for the provision of services to notify the guardian ad litem, if
10any, regarding actions to be taken under par. (a).
AB130-SSA1,225,25 11(7) Termination and extension of appointment. The appointment of a
12guardian ad litem under sub. (1) terminates upon the entry of the court's final order
13or upon the termination of any appeal in which the guardian ad litem participates.
14The guardian ad litem may appeal, may participate in an appeal or may do neither.
15If an appeal is taken by any party and the guardian ad litem chooses not to
16participate in that appeal, he or she shall file with the appellate court a statement
17of reasons for not participating. Irrespective of the guardian ad litem's decision not
18to participate in an appeal, the appellate court may order the guardian ad litem to
19participate in the appeal. At any time, the guardian ad litem, any party or the person
20for whom the appointment is made may request in writing or on the record that the
21court extend or terminate the appointment or reappointment. The court may extend
22that appointment, or reappoint a guardian ad litem appointed under this section,
23after the entry of the final order or after the termination of the appeal, but the court
24shall specifically state the scope of the responsibilities of the guardian ad litem
25during the period of that extension or reappointment.
AB130-SSA1,226,5
1(8) Compensation. On order of the court, the guardian ad litem appointed
2under this chapter shall be allowed reasonable compensation to be paid by the county
3of venue. If the court orders a county to pay the compensation of the guardian ad
4litem, the amount ordered may not exceed the compensation paid to private
5attorneys under s. 977.08 (4m) (b).
AB130-SSA1,226,9 6938.237 Civil law and ordinance proceedings initiated by citation in
7the court assigned to exercise jurisdiction under this chapter and ch. 48.
8(1)
The citation forms under s. 23.54, 66.119, 778.25, 778.26 or 800.02 may be used
9to commence an action for a violation of civil laws and ordinances in the court.
AB130-SSA1,226,17 10(2) The procedures for issuance and filing of a citation, and for forfeitures,
11stipulations and deposits in ss. 23.50 to 23.67, 23.75 (3) and (4), 66.119, 778.25,
12778.26 and 800.01 to 800.04 except s. 800.04 (2) (b), when the citation is issued by
13a law enforcement officer, shall be used as appropriate, except that this chapter shall
14govern taking and holding a juvenile in custody, s. 938.37 shall govern costs, penalty
15assessments and jail assessments, and a capias shall be substituted for an arrest
16warrant. Sections 66.119 (3) (c) and (d), 66.12 (1) and 778.10 as they relate to
17collection of forfeitures do not apply.
AB130-SSA1,227,4 18(3) If a juvenile to whom a citation has been issued does not submit a deposit
19or a stipulation and deposit, the juvenile shall appear in the court for a plea hearing
20under s. 938.30 at the date, time and place for the court appearance specified on the
21citation. If the juvenile does not submit a stipulation and deposit or if the court
22refuses to accept a deposit unaccompanied by a stipulation, the juvenile may be
23summoned to appear and the procedures that govern petitions for civil law or
24ordinance violations under s. 938.125 shall govern all proceedings initiated by a
25citation, except that the citation shall not be referred to the court intake worker for

1an intake inquiry. If the court finds that a juvenile violated a municipal ordinance
2or a civil law punishable by a forfeiture under this section, the court shall enter a
3dispositional order under s. 938.344, if applicable, or if s. 938.344 does not apply, the
4court may enter any of the dispositional orders under s. 938.343.
AB130-SSA1,227,65 SUBCHAPTER V
6 Procedure
AB130-SSA1,227,14 7938.24 Receipt of jurisdictional information; intake inquiry. (1) Except
8when a citation has been issued under s. 938.17 (2), information indicating that a
9juvenile should be referred to the court as delinquent, in need of protection or
10services or in violation of a civil law or a county, town or municipal ordinance shall
11be referred to the intake worker, who shall conduct an intake inquiry on behalf of the
12court to determine whether the available facts establish prima facie jurisdiction and
13to determine the best interests of the juvenile and of the public with regard to any
14action to be taken.
AB130-SSA1,227,18 15(1m) As part of the intake inquiry, the intake worker shall inform the juvenile
16and the juvenile's parent, guardian and legal custodian that they may request
17counseling from a person designated by the court to provide dispositional services
18under s. 938.069.
AB130-SSA1,227,23 19(2) (a) As part of the intake inquiry the intake worker may conduct
20multidisciplinary screens and intake conferences with notice to the juvenile, parent,
21guardian and legal custodian. If sub. (2m) applies, the intake worker shall conduct
22a multidisciplinary screen under s. 938.547 if the juvenile has not refused to
23participate under par. (b).
AB130-SSA1,228,3
1(b) No juvenile or other person may be compelled to appear at any conference,
2participate in a multidisciplinary screen, produce any papers or visit any place by an
3intake worker.
AB130-SSA1,228,5 4(2m) (a) In counties that have a pilot program under s. 938.547, a
5multidisciplinary screen shall be conducted for:
AB130-SSA1,228,66 1. Any juvenile alleged to have committed a violation specified under ch. 161.
AB130-SSA1,228,97 2. Any juvenile alleged to be delinquent or in need of protection and services
8who has at least 2 prior adjudications for a violation of s. 125.07 (4) (a) or (b), 125.085
9(3) (b) or 125.09 (2) or a local ordinance that strictly conforms to any of those sections.
AB130-SSA1,228,1210 3. Any juvenile alleged to have committed any offense which appears to the
11intake worker to be directly motivated by the juvenile's need to purchase or otherwise
12obtain alcohol beverages or controlled substances.
AB130-SSA1,228,1413 4. Any juvenile 12 years of age or older who requests and consents to a
14multidisciplinary screen.
AB130-SSA1,228,1615 5. Any juvenile who consents to a multidisciplinary screen requested by his or
16her parents.
AB130-SSA1,228,1817 (b) The multidisciplinary screen may be conducted by an intake worker for any
18reason other than those specified in the criteria under par. (a).
AB130-SSA1,228,22 19(3) If the intake worker determines as a result of the intake inquiry that the
20juvenile should be referred to the court, the intake worker shall request that the
21district attorney, corporation counsel or other official specified in s. 938.09 file a
22petition.
AB130-SSA1,229,3 23(4) If the intake worker determines as a result of the intake inquiry that the
24case should be subject to a deferred prosecution agreement, or should be closed, the
25intake worker shall so proceed. If a petition has been filed, a deferred prosecution

1agreement may not be entered into or a case may not be closed unless the petition
2is withdrawn by the district attorney, corporation counsel or other official specified
3in s. 938.09, or is dismissed by the judge.
AB130-SSA1,229,22 4(5) The intake worker shall recommend that a petition be filed, enter into a
5deferred prosecution agreement or close the case within 40 days or sooner of receipt
6of referral information. If the case is closed or a deferred prosecution agreement is
7entered into, the district attorney, corporation counsel or other official under s.
8938.09 shall receive written notice of such action. In addition, if a deferred
9prosecution agreement is entered into placing a juvenile in a youth village program
10as described in s. 118.42, the judge or juvenile court commissioner shall receive
11written notice of such action and, on receipt of that notice, shall enter an order
12requiring compliance with that agreement. A notice of deferred prosecution of an
13alleged delinquency case shall include a summary of the facts surrounding the
14allegation and a list of prior intake referrals and dispositions. If a law enforcement
15officer has made a recommendation concerning the juvenile, the intake worker shall
16forward this recommendation to the district attorney under s. 938.09.
17Notwithstanding the requirements of this section, the district attorney may initiate
18a delinquency petition under s. 938.25 within 20 days after notice that the case has
19been closed or that a deferred prosecution agreement has been entered into. The
20judge shall grant appropriate relief as provided in s. 938.315 (3) with respect to any
21such petition which is not referred or filed within the time limits specified within this
22subsection.
AB130-SSA1,229,25 23(6) The intake worker shall perform his or her responsibilities under this
24section under general written policies which the judge shall promulgate under s.
25938.06 (1) or (2).
AB130-SSA1,230,3
1(7) If a citation is issued to a juvenile, the citation shall not be the subject of
2an intake inquiry or a review by an intake worker for the purpose of recommending
3deferred prosecution.
AB130-SSA1,230,8 4938.243 Basic rights: duty of intake worker. (1) Before conferring with
5the parent or juvenile during the intake inquiry, the intake worker shall personally
6inform a juvenile alleged to have committed a delinquent act, and parents and
7juveniles 10 years of age or over who are the focus of an inquiry regarding the need
8for protection or services under s. 938.13 (4), (6), (6m) or (7), of all of the following:
AB130-SSA1,230,99 (ag) That the referral may result in a petition to the court.
AB130-SSA1,230,1010 (am) What allegations could be in the petition to the court.
AB130-SSA1,230,1211 (b) The nature and possible consequences of the proceedings including the
12provisions of ss. 938.17 and 938.18 if applicable.
AB130-SSA1,230,1513 (c) The right to remain silent and the fact that in a delinquency proceeding the
14silence of the juvenile shall not be adversely considered by the court although the
15silence of any party may be relevant in any nondelinquency proceeding.
AB130-SSA1,230,1616 (d) The right to confront and cross-examine those appearing against them.
AB130-SSA1,230,1717 (e) The right of the juvenile to counsel under s. 938.23.
AB130-SSA1,230,1818 (f) The right to present and subpoena witnesses.
AB130-SSA1,230,2219 (h) The right to have the allegations of the petition proved by clear and
20convincing evidence unless the juvenile comes within the court's jurisdiction under
21s. 938.12 or 938.13 (12), in which case the standard of proof shall be beyond a
22reasonable doubt.
AB130-SSA1,231,4 23(1m) If the juvenile who is the subject of the intake inquiry is alleged to have
24committed an act which resulted in personal injury or damage to or loss of the
25property of another, the intake worker shall inform the juvenile's parents in writing

1of the possibility of disclosure of the identity of the juvenile and the parents, of the
2juvenile's police records and of the outcome of proceedings against the juvenile for
3use in civil actions for damages against the juvenile or the parents and of the parents'
4potential liability for acts of their juveniles.
AB130-SSA1,231,6 5(2) This section does not apply if the juvenile was present at a hearing under
6s. 938.21.
AB130-SSA1,231,13 7(3) If the juvenile has not had a hearing under s. 938.21 and was not present
8at an intake conference under s. 938.24, the intake worker shall inform the juvenile,
9parent, guardian and legal custodian as appropriate of their basic rights under this
10section. This notice shall be given verbally, either in person or by telephone, and in
11writing. This notice shall be given so as to allow the juvenile, parent, guardian or
12legal custodian sufficient time to prepare for the plea hearing. This subsection does
13not apply to cases of deferred prosecution under s. 938.245.
AB130-SSA1,231,20 14938.245 Deferred prosecution. (1) The intake worker may enter into a
15written deferred prosecution agreement with all parties as provided in this section
16if the intake worker has determined that neither the interests of the juvenile nor of
17the public require filing of a petition for circumstances relating to s. 938.12, 938.125,
18938.13 or 938.14. Deferred prosecution shall be available only if the facts persuade
19the intake worker that the jurisdiction of the court, if sought, would exist and upon
20consent of the juvenile, parent, guardian and legal custodian.
AB130-SSA1,231,22 21(2) (a) A deferred prosecution agreement may provide for any one or more of
22the following:
AB130-SSA1,231,2523 1. That the juvenile and the juvenile's parent, guardian or legal custodian
24participate in individual, family or group counseling and that the parent, guardian
25or legal custodian participate in parenting skills training.
AB130-SSA1,232,3
12. That the juvenile and a parent, guardian and legal custodian abide by such
2obligations, including supervision, curfews and school attendance requirements, as
3will tend to ensure the juvenile's rehabilitation, protection or care.
AB130-SSA1,232,104 3. That the juvenile submit to an alcohol and other drug abuse assessment that
5conforms to the criteria specified under s. 938.547 (4) and that is conducted by an
6approved treatment facility for an examination of the juvenile's use of alcohol
7beverages or controlled substances and any medical, personal, family or social effects
8caused by its use, if the multidisciplinary screen conducted under s. 938.24 (2) shows
9that the juvenile is at risk of having needs and problems related to the use of alcohol
10beverages or controlled substances and its medical, personal, family or social effects.
AB130-SSA1,232,1711 4. That the juvenile participate in an alcohol and other drug abuse outpatient
12treatment program, a court-approved pupil assistance program provided by the
13juvenile's school board or a court-approved alcohol or other drug abuse education
14program, if an alcohol and other drug abuse assessment conducted under subd. 3.
15recommends outpatient treatment, intervention or education. The juvenile's
16participation in a court-approved pupil assistance program under this subdivision
17is subject to the approval of the juvenile's school board.
AB130-SSA1,233,218 5. a. That the juvenile participate in a restitution project if the act for which
19the deferred prosecution agreement is being entered into has resulted in damage to
20the property of another, or in actual physical injury to another excluding pain and
21suffering. Subject to subd. 5. c., the deferred prosecution agreement may require the
22juvenile to repair the damage to property or to make reasonable restitution for the
23damage or injury if the intake worker, after taking into consideration the well-being
24and needs of the victim, considers it beneficial to the well-being and behavior of the
25juvenile. Any such deferred prosecution agreement shall include a determination

1that the juvenile alone is financially able to pay and may allow up to the date of the
2expiration of the deferred prosecution agreement for the payment.
AB130-SSA1,233,83 b. In addition to any other employment or duties permitted under ch. 103 or
4any rule or order under ch. 103, a juvenile who is under 14 years of age who is
5participating in a restitution project provided by the county may, for the purpose of
6making restitution, be employed or perform any duties under any circumstances in
7which a juvenile 14 or 15 years of age is permitted to be employed or to perform duties
8under ch. 103 or any rule or order under ch. 103.
AB130-SSA1,233,109 c. Under this subdivision, a deferred prosecution agreement may not require
10a juvenile who is under 14 years of age to make more than $250 in restitution.
AB130-SSA1,233,1211 6. That the juvenile participate in a supervised work program or other
12community service work in accordance with s. 938.34 (5g).
AB130-SSA1,233,2513 7. That the juvenile be placed with a volunteers in probation program under
14such conditions as the intake worker determines are reasonable and appropriate, if
15the juvenile is alleged to have committed an act that would constitute a misdemeanor
16if committed by an adult, if the chief judge of the judicial administrative district has
17approved under s. 973.11 (2) a volunteers in probation program established in the
18juvenile's county of residence and if the intake worker determines that volunteer
19supervision under that volunteers in probation program will likely benefit the
20juvenile and the community. The conditions that the intake worker may establish
21under this subdivision may include, but need not be limited to, a request to a
22volunteer to provide for the juvenile a role model, informal counseling, general
23monitoring and monitoring of the conditions established by the intake worker, or any
24combination of these functions, and any other deferred prosecution condition that
25the intake worker may establish under this paragraph.
AB130-SSA1,234,2
18. That the juvenile be placed in a teen court program if all of the following
2conditions apply:
AB130-SSA1,234,63 a. The chief judge of the judicial administrative district has approved a teen
4court program established in the juvenile's county of residence and the intake worker
5determines that participation in the teen court program will likely benefit the
6juvenile and the community.
AB130-SSA1,234,87 b. The juvenile is alleged to have committed a delinquent act that would be a
8misdemeanor if committed by an adult or a civil law or ordinance violation.
AB130-SSA1,234,119 c. The juvenile admits to the intake worker, with the juvenile's parent,
10guardian or legal custodian present, that the juvenile committed the alleged
11delinquent act or civil law or ordinance violation.
AB130-SSA1,234,1412 d. The juvenile has not successfully completed participation in a teen court
13program during the 2 years before the date of the alleged delinquent act or civil law
14or ordinance violation.
AB130-SSA1,234,2515 9. That the juvenile be placed in a youth village program as described in s.
16118.42. Upon the motion of the court or the application of the juvenile, parent,
17guardian, legal custodian, intake worker or any agency supervising the juvenile
18under a deferred prosecution agreement under this subdivision, the court may, after
19giving notice to the parties to the deferred prosecution agreement and their counsel,
20if any, extend the agreement for up to an additional one year in the absence of an
21objection to extension by the parties to the initial deferred prosecution agreement.
22If the juvenile or the parent, guardian or legal custodian object to the extension, the
23court shall schedule a hearing and make a determination on the issue of extension.
24A deferred prosecution agreement under this subdivision may be extended no more
25than twice.
AB130-SSA1,235,2
1(b) A deferred prosecution agreement, other than an agreement under par. (a)
29., may not include any form of out-of-home placement and may not exceed one year.
AB130-SSA1,235,73 (c) If the deferred prosecution agreement provides for alcohol and other drug
4abuse outpatient treatment under par. (a) 4., the juvenile and the juvenile's parent,
5guardian or legal custodian shall execute an informed consent form that indicates
6that they are voluntarily and knowingly entering into a deferred prosecution
7agreement for the provision of alcohol and other drug abuse outpatient treatment.
AB130-SSA1,235,14 8(2g) If the informal disposition is based on an allegation that the juvenile
9violated s. 943.017 and the juvenile has attained the minimum age at which a
10juvenile may be adjudicated delinquent, the informal disposition may require that
11the juvenile participate for not less than 10 hours nor more than 100 hours in a
12supervised work program under s. 938.34 (5g) or perform not less than 10 hours nor
13more than 100 hours of other community service work, except that if the juvenile has
14not attained 14 years of age the maximum number of hours is 40.
AB130-SSA1,235,22 15(3) The obligations imposed under a deferred prosecution agreement and its
16effective date shall be set forth in writing. If the deferred prosecution agreement
17places the juvenile in a youth village program under sub. (2) (a) 9., the judge or
18juvenile court commissioner shall receive written notice that a deferred prosecution
19agreement has been entered into and, on receipt of that notice, shall enter an order
20requiring compliance with that agreement. The juvenile and a parent, guardian and
21legal custodian shall receive a copy of the agreement and order, as shall any agency
22providing services under the agreement.
AB130-SSA1,236,5 23(4) The intake worker shall inform the juvenile and the juvenile's parent,
24guardian and legal custodian in writing of their right to request the court to
25terminate the deferred prosecution agreement at any time or object at any time to

1the fact or terms of the deferred prosecution agreement. If an objection arises the
2intake worker may alter the terms of the agreement or recommend to the district
3attorney or corporation counsel that a petition be filed. If the deferred prosecution
4agreement is terminated the intake worker may recommend to the district attorney
5or corporation counsel that a petition be filed.
AB130-SSA1,236,7 6(5) A deferred prosecution agreement may be terminated by the court upon the
7request of the juvenile, parent, guardian or legal custodian.
AB130-SSA1,236,12 8(6) A deferred prosecution agreement arising out of an alleged delinquent act
9is terminated if the district attorney files a delinquency petition within 20 days after
10receipt of notice of the deferred prosecution agreement under s. 938.24 (5). In such
11case statements made to the intake worker during the intake inquiry are
12inadmissible.
AB130-SSA1,236,23 13(7) (a) If at any time during the period of a deferred prosecution agreement the
14intake worker determines that the obligations imposed under it are not being met,
15the intake worker may cancel the deferred prosecution agreement. Within 10 days
16after the cancellation of the deferred prosecution agreement, the intake worker shall
17notify the district attorney, corporation counsel or other official under s. 938.09 of the
18cancellation and recommend whether or not a petition should be filed. In
19delinquency cases, the district attorney may initiate a petition within 20 days after
20the date of the notice regardless of whether the intake worker has recommended that
21a petition be filed. The judge shall grant appropriate relief as provided in s. 938.315
22(3) with respect to any petition which is not filed within the time limit specified in
23this subsection.
AB130-SSA1,237,1224 (b) In addition to the action taken under par. (a), if the intake worker cancels
25a deferred prosecution agreement based on a determination that the juvenile's

1parent, guardian or legal custodian is not meeting the obligations imposed under the
2agreement, the intake worker shall recommend to the district attorney, corporation
3counsel or other official under s. 938.09 whether or not a petition should be filed
4requesting the court to order the juvenile's parent, guardian or legal custodian to
5show good cause for not meeting the obligations imposed under the agreement. If the
6district attorney, corporation counsel or other official under s. 938.09 files a petition
7under this paragraph and if the court finds prosecutive merit for the petition, the
8court shall grant an order directing the parent, guardian or legal custodian to show
9good cause, at a time and place fixed by the court, for not meeting the obligations
10imposed under the agreement. If the parent, guardian or legal custodian does not
11show good cause for not meeting the obligations imposed under the agreement, the
12court may impose a forfeiture not to exceed $1,000.
AB130-SSA1,237,17 13(8) If the obligations imposed under the deferred prosecution agreement are
14met, the intake worker shall so inform the juvenile and a parent, guardian and legal
15custodian in writing, and no petition may be filed or citation issued on the charges
16that brought about the deferred prosecution agreement nor may the charges be the
17sole basis for a petition under s. 48.13, 48.14, 938.13 or 938.14.
AB130-SSA1,237,20 18(9) The intake worker shall perform his or her responsibilities under this
19section under general written policies which the judge shall promulgate under s.
20938.06 (1) or (2).
AB130-SSA1,238,5 21938.25 Petition: authorization to file. (1) A petition initiating proceedings
22under this chapter shall be signed by a person who has knowledge of the facts alleged
23or is informed of them and believes them to be true. If a petition under s. 938.12 is
24to be filed, it shall be prepared, signed and filed by the district attorney. The district
25attorney, corporation counsel or other appropriate official specified under s. 938.09

1may file the petition if the proceeding is under s. 938.125 or 938.13. The counsel or
2guardian ad litem for a parent, relative, guardian or juvenile may file a petition
3under s. 938.13 or 938.14. The district attorney, corporation counsel or other
4appropriate person designated by the court may initiate proceedings under s. 938.14
5in a manner specified by the court.
AB130-SSA1,238,23 6(2) (a) The district attorney, corporation counsel or other appropriate official
7shall file the petition, close the case, or refer the case back to intake within 20 days
8after the date that the intake worker's recommendation was filed. A referral back
9to intake may be made only when the district attorney, corporation counsel or other
10appropriate official decides not to file a petition or determines that further
11investigation is necessary. If the case is referred back to intake upon a decision not
12to file a petition, the intake worker shall close the case or enter into a deferred
13prosecution agreement within 20 days. If the case is referred back to intake for
14further investigation, the appropriate agency or person shall complete the
15investigation within 20 days. If another referral is made to the district attorney,
16corporation counsel or other appropriate official, it shall be considered a new referral
17to which the time limits of this subsection shall apply. The time limits in this
18subsection may only be extended by a judge upon a showing of good cause under s.
19938.315. If a petition is not filed within the time limitations set forth in this
20subsection and the court has not granted an extension, the petition shall be
21accompanied by a statement of reasons for the delay. The court shall grant
22appropriate relief as provided in s. 938.315 (3) with respect to a petition which is not
23filed within the time limits specified in this paragraph.
AB130-SSA1,239,724 (b) In delinquency cases where there has been a case closure or deferred
25prosecution agreement, the petition shall be filed within 20 days of receipt of the

1notice of closure or deferred prosecution. Failure to file within 20 days invalidates
2the petition and affirms the case closure or deferred prosecution agreement, except
3that the court shall grant appropriate relief as provided in s. 938.315 (3) with respect
4to a petition that is not filed within the time limit specified in this paragraph. If a
5petition is filed within 20 days or the time permitted by the court under s. 938.315
6(3), whichever is later, the district attorney shall notify the parties to the agreement
7and the intake worker as soon as possible.
AB130-SSA1,239,12 8(3) If the district attorney, corporation counsel or other appropriate official
9under s. 938.09 refuses to file a petition, any person may request the judge to order
10that the petition be filed and a hearing shall be held on the request. The judge may
11order the filing of the petition on his or her own motion. The matter may not be heard
12by the judge who orders the filing of a petition.
AB130-SSA1,239,13 13(4) Section 939.74 applies to delinquency petitions filed under this subchapter.
AB130-SSA1,239,16 14(5) A citation issued under s. 938.17 (2) may serve as the initial pleading and
15is sufficient to confer the court with jurisdiction over the juvenile when the citation
16is filed with the court.
AB130-SSA1,239,24 17(6) If a proceeding is brought under s. 938.13, any party to or any governmental
18or social agency involved in the proceeding may petition the court to issue a
19temporary restraining order and injunction as provided in s. 813.122 or 813.125. The
20court shall follow the procedure under s. 813.122 or 813.125 except that the court
21may combine hearings authorized under s. 813.122 or 813.125 and this chapter, the
22petitioner for the temporary restraining order and injunction is not subject to the
23limitations under s. 813.122 (2) or 813.125 (2) and no fee is required regarding the
24filing of the petition under s. 813.122 or 813.125.
AB130-SSA1,240,7
1938.255 Petition; form and content. (1) A petition initiating proceedings
2under this chapter, other than a petition initiating proceedings under s. 938.12,
3938.125 or 938.13 (12), shall be entitled, "In the interest of (juvenile's name), a person
4under the age of 18". A petition initiating proceedings under s. 938.12, 938.125 or
5938.13 (12) shall be entitled, "In the interest of (juvenile's name), a person under the
6age of 17". A petition initiating proceedings under this chapter shall set forth with
7specificity all of the following:
AB130-SSA1,240,88 (a) The name, birth date and address of the juvenile.
AB130-SSA1,240,119 (b) The names and addresses of the juvenile's parent, guardian, legal custodian
10or spouse, if any; or if no such person can be identified, the name and address of the
11nearest relative.
AB130-SSA1,240,1512 (c) Whether the juvenile is in custody, and, if so, the place where the juvenile
13is being held and the time he or she was taken into custody unless there is reasonable
14cause to believe that such disclosure would result in imminent danger to the juvenile
15or physical custodian.
AB130-SSA1,240,1916 (d) If violation of a criminal statute, an ordinance or another law is alleged, the
17citation to the appropriate law or ordinance as well as facts sufficient to establish
18probable cause that an offense has been committed and that the juvenile named in
19the petition committed the offense.
AB130-SSA1,240,2520 (e) If the juvenile is alleged to come within the provisions of s. 938. 13 (4), (6),
21(6m), (7) or (14) or 938.14, reliable and credible information which forms the basis
22of the allegations necessary to invoke the jurisdiction of the court and to provide
23reasonable notice of the conduct or circumstances to be considered by the court
24together with a statement that the juvenile is in need of supervision, services, care
25or rehabilitation.
AB130-SSA1,241,2
1(2) If any of the facts in sub. (1) (a), (b) or (c) are not known or cannot be
2ascertained by the petitioner, the petition shall so state.
AB130-SSA1,241,4 3(3) If the information required under sub. (1) (d) or (e) is not stated the petition
4shall be dismissed or amended under s. 938.263 (2).
AB130-SSA1,241,6 5(4) A copy of the petition shall be given to the juvenile and to the parents,
6guardian, legal custodian and physical custodian.
AB130-SSA1,241,11 7938.263 Amendment of petition. (1) Except as provided in s. 938.255 (3),
8no petition, process or other proceeding may be dismissed or reversed for any error
9or mistake if the case and the identity of the juvenile named in the petition may be
10readily understood by the court; and the court may order an amendment curing the
11defects.
AB130-SSA1,241,16 12(2) With reasonable notification to the interested parties and prior to the
13taking of a plea under s. 938.30, the petition may be amended at the discretion of the
14court or person who filed the petition. After the taking of a plea, the court may allow
15amendment of the petition to conform to the proof if the amendment is not prejudicial
16to the juvenile.
AB130-SSA1,241,22 17938.27 Notice; summons. (1) After a citation is issued or a petition has been
18filed relating to facts concerning a situation specified under s. 938.12, 938.125 or
19938.13, unless the parties under sub. (3) voluntarily appear, the court may issue a
20summons requiring the parent, guardian and legal custodian of the juvenile to
21appear personally at any hearing involving the juvenile, and, if the court so orders,
22to bring the juvenile before the court at a time and place stated.
AB130-SSA1,241,24 23(2) Summons may be issued requiring the appearance of any other person
24whose presence, in the opinion of the court, is necessary.
AB130-SSA1,242,10
1(3) (a) The court shall also notify, under s. 938.273, the juvenile and any parent,
2guardian and legal custodian of the juvenile of all hearings involving the juvenile
3under this subchapter, except hearings on motions for which notice need only be
4provided to the juvenile and his or her counsel. Where parents entitled to notice have
5the same place of residence, notice to one shall constitute notice to the other. The first
6notice to any interested party shall be written and have a copy of the petition
7attached to it. Thereafter, notice of hearings may be given by telephone at least 72
8hours before the time of the hearing. The person giving telephone notice shall place
9in the case file a signed statement of the time notice was given and the person to
10whom he or she spoke.
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