AB130-SSA1,171,4 4(2d) "Controlled substance" has the meaning given in s. 161.01 (4).
AB130-SSA1,171,6 5(2g) "County department" means a county department under s. 46.215, 46.22
6or 46.23, unless the context requires otherwise.
AB130-SSA1,171,11 7(2m) "Court", when used without further qualification, means the court
8assigned to exercise jurisdiction under this chapter and ch. 48 or, when used with
9reference to a juvenile who is subject to s. 938.183 (2), a court of criminal jurisdiction
10or, when used with reference to a juvenile who is subject to s. 938.17 (2), a municipal
11court.
AB130-SSA1,171,13 12(3) "Court intake worker" means any person designated to provide intake
13services under s. 938.067.
AB130-SSA1,171,17 14(3m) "Delinquent" means a juvenile who is 10 years of age or older who has
15violated any state or federal criminal law, except as provided in ss. 938.17, 938.18
16and 938.183, or who has committed a contempt of court, as defined in s. 785.01 (1),
17as specified in s. 938.355 (6g).
AB130-SSA1,171,18 18(4) "Department" means the department of corrections.
AB130-SSA1,171,20 19(5) "Developmentally disabled" means having a developmental disability, as
20defined in s. 51.01 (5).
AB130-SSA1,171,21 21(5g) "Drug dependent" has the meaning given in s. 51.01 (8).
AB130-SSA1,171,24 22(6) "Foster home" means any facility that is operated by a person required to
23be licensed by s. 48.62 (1) (a) and that provides care and maintenance for no more
24than 4 juveniles unless all of the juveniles are siblings.
AB130-SSA1,172,3
1(7) "Group home" means any facility operated by a person required to be
2licensed by the department under s. 48.625 for the care and maintenance of 5 to 8
3juveniles.
AB130-SSA1,172,5 4(8) "Guardian" means the person named by the court having the duty and
5authority of guardianship.
AB130-SSA1,172,6 6(9m) "Habitual truant" has the meaning given in s. 118.16 (1) (a).
AB130-SSA1,172,7 7(9s) "Integrated service plan" has the meaning given in s. 46.56 (1) (g).
AB130-SSA1,172,12 8(10) "Judge", if used without further qualification, means the judge of the court
9assigned to exercise jurisdiction under this chapter and ch. 48 or, if used with
10reference to a juvenile who is subject to s. 938.183 (2), the judge of the court of
11criminal jurisdiction or, when used with reference to a juvenile who is subject to s.
12938.17 (2), the judge of the municipal court.
AB130-SSA1,172,16 13(10m) "Juvenile" means a person who is less than 18 years of age, except that
14for purposes of prosecuting a person who is alleged to have violated a state or federal
15criminal law or any civil law or municipal ordinance, "juvenile" does not include a
16person who has attained 17 years of age.
AB130-SSA1,172,19 17(11) "Legal custodian" means a person, other than a parent or guardian, or an
18agency to whom legal custody of a juvenile has been transferred by a court, but does
19not include a person who has only physical custody of the juvenile.
AB130-SSA1,172,25 20(12) "Legal custody" means a legal status created by the order of a court, which
21confers the right and duty to protect, train and discipline a juvenile, and to provide
22food, shelter, legal services, education and ordinary medical and dental care, subject
23to the rights, duties and responsibilities of the guardian of the juvenile and subject
24to any residual parental rights and responsibilities and the provisions of any court
25order.
AB130-SSA1,173,6
1(13) "Parent" means either a biological parent, a husband who has consented
2to the artificial insemination of his wife under s. 891.40, or a parent by adoption. If
3the juvenile is a nonmarital child who is not adopted or whose parents do not
4subsequently intermarry under s. 767.60, "parent" includes a person adjudged in a
5judicial proceeding to be the biological father. "Parent" does not include any person
6whose parental rights have been terminated.
AB130-SSA1,173,8 7(14) "Physical custody" means actual custody of the person in the absence of
8a court order granting legal custody to the physical custodian.
AB130-SSA1,173,11 9(14m) "Pupil assistance program" means a program provided by a school board
10under s. 115.362 (4) (b) 2. to intervene in the abuse of alcohol and other drugs by
11pupils.
AB130-SSA1,173,14 12(15) "Relative" means a parent, grandparent, stepparent, brother, sister, first
13cousin, nephew, niece, uncle or aunt. This relationship may be by consanguinity or
14direct affinity.
AB130-SSA1,173,17 15(15g) "Secured child caring institution" means a child caring institution
16operated by a child welfare agency that is licensed under s. 48.66 (1) to hold in secure
17custody persons adjudged delinquent.
AB130-SSA1,173,22 18(15m) "Secured correctional facility" means a correctional institution operated
19or contracted for by the department for holding in secure custody persons adjudged
20delinquent. "Secured correctional facility" includes the facility at which the juvenile
21boot camp program under s. 938.532 is operated, a facility authorized under s.
22938.533 (3) (b) and a facility authorized under s. 938.538 (4) (b).
AB130-SSA1,173,24 23(16) "Secure detention facility" means a locked facility approved by the
24department under s. 301.36 for the secure, temporary holding in custody of juveniles.
AB130-SSA1,174,3
1(17) "Shelter care facility" means a nonsecure place of temporary care and
2physical custody for juveniles, including a holdover room, licensed by the department
3under s. 48.66 (1).
AB130-SSA1,174,9 4(17m) "Special treatment or care" means professional services which need to
5be provided to a juvenile or his or her family to protect the well-being of the juvenile,
6prevent placement of the juvenile outside the home or meet the special needs of the
7juvenile. This term includes medical, psychological or psychiatric treatment, alcohol
8or other drug abuse treatment or other services which the court finds to be necessary
9and appropriate.
AB130-SSA1,174,14 10(17q) "Treatment foster home" means any facility that is operated by a person
11required to be licensed under s. 48.62 (1) (b), that is operated under the supervision
12of the department, a county department or a licensed child welfare agency, and that
13provides to no more than 4 juveniles care, maintenance and structured, professional
14treatment by trained individuals, including the treatment foster parents.
AB130-SSA1,174,15 15(18) "Trial" means a fact-finding hearing to determine jurisdiction.
AB130-SSA1,174,16 16(18m) "Truancy" has the meaning given in s. 118.16 (1) (c).
AB130-SSA1,174,19 17(19) "Type 1 secured correctional facility" means a secured correctional facility,
18but excludes any correctional institution that meets the criteria under sub. (15m)
19solely because of its status under s. 938.533 (3) (b) or 938.538 (4) (b).
AB130-SSA1,174,22 20(20) "Type 2 secured correctional facility" means a secured correctional facility
21that meets the criteria under sub. (15m) solely because of its status under s. 938.533
22(3) (b) or 938.538 (4) (b).
AB130-SSA1,175,2 23(21) "Victim-witness coordinator" means a person employed or contracted by
24the county board of supervisors under s. 950.06 to enforce the rights of victims and
25witnesses of crimes and to provide services for those victims and witnesses or a

1person employed or contracted by the department of justice to provide the services
2specified in s. 950.08.
AB130-SSA1,175,43 Subchapter II
4 organization of court
AB130-SSA1,175,7 5938.03 Time and place of court; absence or disability of judge; court of
6record. (1)
The judge shall set apart a time and place to hold court on juvenile
7matters.
AB130-SSA1,175,12 8(2) In the case of the absence or disability of the judge of a court assigned to
9exercise jurisdiction under this chapter and ch. 48, another judge shall be assigned
10under s. 751.03 to act temporarily in the judge's place. If the judge assigned
11temporarily is from a circuit other than the one for which elected, the judge shall
12receive expenses as provided under s. 753.073.
AB130-SSA1,176,2 13938.06 Services for court. (1) Counties with a population of 500,000 or
14more.
(a) 1. In counties with a population of 500,000 or more, the county board of
15supervisors shall provide the court with the services necessary for investigating and
16supervising cases by operating a children's court center under the supervision of a
17director who is appointed as provided in s. 46.21 (1m) (a). The director is the chief
18administrative officer of the center and of the intake and probation sections and
19secure detention facilities of the center except as otherwise provided in this
20subsection. The director is charged with administration of the personnel and
21services of the sections and of the secure detention facilities, and is responsible for
22supervising both the operation of the physical plant and the maintenance and
23improvement of the buildings and grounds of the center. The center shall include
24investigative services for all juveniles alleged to be in need of protection or services
25to be provided by the county department, and the services of an assistant district

1attorney or assistant corporation counsel or both, who shall be assigned to the center
2to provide investigative as well as legal work in the cases.
AB130-SSA1,176,83 2. The chief judge of the judicial administrative district shall formulate written
4judicial policy governing intake and court services for juvenile matters and the
5director shall be charged with executing the judicial policy. The chief judge shall
6direct and supervise the work of all personnel of the court, except the work of the
7district attorney or corporation counsel assigned to the court. The chief judge may
8delegate his or her supervisory functions under s. 938.065 (1).
AB130-SSA1,177,59 3. The county board of supervisors shall develop policies and establish
10necessary rules for the management and administration of the nonjudicial
11operations of the children's court center. The director of the center shall report and
12is responsible to the director of the county department for the execution of all
13nonjudicial operational policies and rules governing the center, including activities
14of probation officers whenever they are not performing services for the court. The
15director of the center is also responsible for the preparation and submission to the
16county board of supervisors of the annual budget for the center except for the judicial
17functions or responsibilities which are delegated by law to the judge or judges and
18clerk of circuit court. The county board of supervisors shall make provision in the
19organization of the office of director for the devolution of the director's authority in
20the case of temporary absence, illness, disability to act or a vacancy in position and
21shall establish the general qualifications for the position. The county board of
22supervisors also has the authority to investigate, arbitrate and resolve any conflict
23in the administration of the center as between judicial and nonjudicial operational
24policy and rules. The county board of supervisors does not have authority and may
25not assert jurisdiction over the disposition of any case or juvenile after a written

1order is made under s. 938.21 or if a petition is filed under s. 938.25. All personnel
2of the intake and probation sections and of the secure detention facilities shall be
3appointed under civil service by the director except that existing court service
4personnel having permanent civil service status may be reassigned to any of the
5respective sections within the center specified in this paragraph.
AB130-SSA1,177,116 (am) 1. All intake workers beginning employment after May 15, 1980, shall
7have the qualifications required to perform entry level social work in a county
8department and shall have successfully completed 30 hours of intake training
9approved or provided by the department prior to the completion of the first 6 months
10of employment in the position. The department shall monitor compliance with this
11subdivision according to rules promulgated by the department.
AB130-SSA1,177,1312 2. The department shall make training programs available annually that
13permit intake workers to satisfy the requirements specified under subd. 1.
AB130-SSA1,177,1714 (b) Notwithstanding par. (a), the county board of supervisors may institute
15changes in the administration of services to the children's court center in order to
16qualify for the maximum amount of federal and state aid as provided in sub. (4) and
17s. 46.495.
AB130-SSA1,178,3 18(2) Counties with a population under 500,000. (a) In counties having less than
19500,000 population, the county board of supervisors shall authorize the county
20department or court or both to provide intake services required by s. 938.067 and the
21staff needed to carry out the objectives and provisions of this chapter under s.
22938.069. Intake services shall be provided by employes of the court or county
23department and may not be subcontracted to other individuals or agencies, except
24as provided in par. (am). Intake workers shall be governed in their intake work,
25including their responsibilities for recommending the filing of a petition and entering

1into a deferred prosecution agreement, by general written policies which shall be
2formulated by the circuit judges for the county, subject to the approval of the chief
3judge of the judicial administrative district.
AB130-SSA1,178,64 (am) 1. Notwithstanding par. (a), any county which had intake services
5subcontracted from the county sheriff's department on April 1, 1980, may continue
6to subcontract intake services from the county sheriff's department.
AB130-SSA1,178,157 2. Notwithstanding par. (a), any county in which the county sheriff's
8department operates a secure detention facility may subcontract intake services
9from the county sheriff's department as provided in this subdivision. If a county
10subcontracts intake services from the county sheriff's department, employes of the
11county sheriff's department who staff the secure detention facility may make secure
12custody determinations under s. 938.208 between the hours of 6 p.m. and 6 a.m. and
13any determination under s. 938.208 made by an employe of the county sheriff's
14department shall be reviewed by an intake worker employed by the court or county
15department within 24 hours after that determination is made.
AB130-SSA1,178,2416 (b) 1. All intake workers beginning employment after May 15, 1980, excluding
17county sheriff's department employes who provide intake services under par. (am)
182., shall have the qualifications required to perform entry level social work in a
19county department. All intake workers beginning employment after May 15, 1980,
20including county sheriff's department employes who provide intake services under
21par. (am) 2., shall have successfully completed 30 hours of intake training approved
22or provided by the department prior to the completion of the first 6 months of
23employment in the position. The department shall monitor compliance with this
24subdivision according to rules promulgated by the department.
AB130-SSA1,179,2
12. The department shall make training programs available annually that
2permit intake workers to satisfy the requirements specified under subd. 1.
AB130-SSA1,179,6 3(3) Intake services. The court or county department responsible for providing
4intake services under s. 938.067 shall specify one or more persons to provide intake
5services. If there is more than one such worker, one of the workers shall be
6designated as chief worker and shall supervise other workers.
AB130-SSA1,179,15 7(4) State aid. State aid to any county for juvenile delinquency-related court
8services under this section shall be at the same net effective rate that each county
9is reimbursed for county administration under s. 46.495, except as provided in s.
10301.26. Counties having a population of less than 500,000 may use funds received
11under ss. 46.495 (1) (d) and 301.26, including county or federal revenue sharing
12funds allocated to match funds received under s. 46.495 (1) (d), for the cost of
13providing court attached intake services in amounts not to exceed 50% of the cost of
14providing court attached intake services or $30,000 per county per calendar year,
15whichever is less.
AB130-SSA1,179,22 16(5) Short-term detention as a disposition. The county board of supervisors
17of any county may, by resolution, authorize the court to use placement in a secure
18detention facility or juvenile portion of the county jail as a disposition under s. 938.34
19(3) (f) or to use commitment to a county department under s. 51.42 or 51.437 for
20special treatment or care in an inpatient facility, as defined in s. 51.01 (10), as a
21disposition under s. 938.34 (6) (am). The use by the court of those dispositions is
22subject to any resolution adopted under this subsection.
AB130-SSA1,180,7 23938.065 Juvenile court commissioners. (1) The board of supervisors of any
24county may authorize the chief judge of the judicial administrative district to appoint
25one or more part-time or full-time juvenile court commissioners who shall serve at

1the discretion of the chief judge. A juvenile court commissioner shall be licensed to
2practice law in this state and shall have been so licensed for at least 2 years
3immediately prior to appointment and shall have a demonstrated interest in the
4welfare of juveniles. The chief judge may assign law clerks, bailiffs and deputies to
5the court commissioner. The chief judge shall supervise juvenile court
6commissioners, law clerks, bailiffs and deputies, except that the chief judge may
7delegate any of those duties.
AB130-SSA1,180,9 8(2) Under this chapter a juvenile court commissioner, if authorized to do so by
9a judge, may do any of the following:
AB130-SSA1,180,1010 (a) Issue summonses.
AB130-SSA1,180,1211 (b) Conduct hearings under s. 938.21 and thereafter order a juvenile held in or
12released from custody.
AB130-SSA1,180,1313 (d) Conduct plea hearings.
AB130-SSA1,180,1414 (dm) Issue orders requiring compliance with deferred prosecution agreements.
AB130-SSA1,180,1515 (e) Enter into consent decrees.
AB130-SSA1,180,1616 (f) Conduct prehearing conferences.
AB130-SSA1,180,1717 (g) Conduct all proceedings on petitions or citations under s. 938.125.
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:
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