AB130-SSA1,261,95
1. If the juvenile admits or pleads no contest to the allegations in the petition,
6the hearing to determine whether the juvenile was not responsible by reason of
7mental disease or defect shall be held no more than 10 days from the plea hearing
8for a juvenile held in secure custody and no more than 30 days from the plea hearing
9for a juvenile who is not held in secure custody.
AB130-SSA1,261,1510
2. If the juvenile denies the allegations in the petition or citation, the court shall
11hold a fact-finding hearing on the allegations in the petition or citation as provided
12under s. 938.31. If, at the end of the fact-finding hearing, the court finds that the
13allegations in the petition have been proven, the court shall immediately hold a
14hearing to determine whether the juvenile was not responsible by reason of mental
15disease or defect.
AB130-SSA1,261,2116
3. If the court has found probable cause to believe that the juvenile has
17committed the alleged offense and reason to doubt the juvenile's competency to
18proceed, the hearing to determine whether the juvenile is competent to proceed shall
19be held no more than 10 days after the plea hearing for a juvenile who is held in
20secure custody and no more than 30 days after the plea hearing for a juvenile who
21is not held in secure custody.
AB130-SSA1,261,2322
(b) If the court, after a hearing under par. (a) 1. or 2., finds that the juvenile was
23responsible, the court shall proceed to a dispositional hearing.
AB130-SSA1,261,2524
(bm) If the court, after a hearing under par. (a) 3., finds that the juvenile is
25competent to proceed, the court shall resume the delinquency proceeding.
AB130-SSA1,262,3
1(c) If the court finds that the juvenile was not responsible by reason of mental
2disease or defect, as described under s. 971.15 (1) and (2), the court shall dismiss the
3petition with prejudice and shall also do one of the following:
AB130-SSA1,262,84
1. If the court finds that there is probable cause to believe that the juvenile
5meets the conditions specified under s. 51.20 (1) (a) 1. and 2., order the county
6department under s. 46.22, 46.23 or 46.215 in the county of the juvenile's residence
7or the district attorney or corporation counsel who filed the petition under s. 938.12
8or 938.13 (12) to file a petition under s. 51.20 (1).
AB130-SSA1,262,119
2. Order the district attorney or corporation counsel who filed the petition
10under s. 938.12 or 938.13 (12) to file a petition alleging that the juvenile is in need
11of protection or services under s. 938.13 (14).
AB130-SSA1,262,1412
(d) If the court finds that the juvenile is not competent to proceed, as described
13in s. 971.13 (1) and (2), the court shall suspend proceedings on the petition and shall
14also do one of the following:
AB130-SSA1,262,1915
1. If the court finds that there is probable cause to believe that the juvenile
16meets the conditions specified under s. 51.20 (1) (a) 1. and 2., order the county
17department under s. 46.22, 46.23 or 46.215 in the county of the juvenile's residence
18or the district attorney or corporation counsel who filed the petition under s. 938.12
19or 938.13 (12) to file a petition under s. 51.20 (1).
AB130-SSA1,262,2220
2. Order the district attorney or corporation counsel who filed the petition
21under s. 938.12 or 938.13 (12) to file a petition alleging that the juvenile is in need
22of protection or services under s. 938.13 (14).
AB130-SSA1,263,1023
(e) 1. A juvenile who is not competent to proceed, as described in s. 971.13 (1)
24and (2), but who is likely to become competent to proceed within 12 months or the
25maximum sentence that may be imposed on an adult for the most serious delinquent
1act with which the juvenile is charged, whichever is less, and who is committed under
2s. 51.20 following an order under par. (d) 1. or who is placed under a dispositional
3order following an order under par. (d) 2., shall be periodically reexamined with
4written reports of those reexaminations to be submitted to the court every 3 months
5and within 30 days before the expiration of the juvenile's commitment or
6dispositional order. Each report shall indicate either that the juvenile has become
7competent, that the juvenile remains incompetent but that attainment of
8competence is likely within the remaining period of the commitment or dispositional
9order or that the juvenile has not made such progress that attainment of competency
10is likely within the remaining period of the commitment or dispositional order.
AB130-SSA1,263,1711
2. The court shall cause copies of the reports under subd. 1. to be transmitted
12to the district attorney or corporation counsel and the juvenile's counsel. If a report
13under subd. 1. indicates that the juvenile has become competent, the court shall hold
14a hearing within 10 days after the court receives the report to determine whether the
15juvenile is competent. If the court determines that the juvenile is competent, the
16court shall terminate the juvenile's commitment or dispositional order and resume
17the delinquency proceeding.
AB130-SSA1,263,2018
3. If the juvenile is receiving psychotropic medication, the court may make
19appropriate orders for the continued administration of the psychotropic medication
20in order to maintain the competence of the juvenile for the duration of the proceeding.
AB130-SSA1,264,11
21(6) If a petition is not contested, the court shall set a date for the dispositional
22hearing which allows reasonable time for the parties to prepare but is no more than
2310 days from the plea hearing for a juvenile who is held in secure custody and no more
24than 30 days from the plea hearing for a juvenile who is not held in secure custody.
25If it appears to the court that disposition of the case may include placement of the
1juvenile outside the juvenile's home, the court shall order the juvenile's parent to
2provide a statement of income, assets, debts and living expenses to the court or the
3designated agency under s. 938.33 (1) at least 5 days before the scheduled date of the
4dispositional hearing or as otherwise ordered by the court. The clerk of court shall
5provide, without charge, to any parent ordered to provide a statement of income,
6assets, debts and living expenses a document setting forth the percentage standard
7established by the department of health and social services under s. 46.25 (9) and
8listing the factors that a court may consider under s. 46.10 (14) (c). If all parties
9consent the court may proceed immediately with the dispositional hearing. If a
10citation is not contested, the court may proceed immediately to enter a dispositional
11order.
AB130-SSA1,264,16
12(7) If the petition or citation is contested, the court shall set a date for the
13fact-finding hearing which allows a reasonable time for the parties to prepare but
14is no more than 20 days from the plea hearing for a juvenile who is held in secure
15custody and no more than 30 days from the plea hearing for a juvenile who is not held
16in secure custody.
AB130-SSA1,264,19
17(8) Except when a juvenile fails to appear in response or stipulates to a citation
18before accepting an admission or plea of no contest of the alleged facts in a petition
19or citation, the court shall do all of the following:
AB130-SSA1,264,2220
(a) Address the parties present including the juvenile personally and
21determine that the plea or admission is made voluntarily with understanding of the
22nature of the acts alleged in the petition or citation and the potential dispositions.
AB130-SSA1,264,2523
(b) Establish whether any promises or threats were made to elicit a plea and
24alert unrepresented parties to the possibility that a lawyer may discover defenses or
25mitigating circumstances which would not be apparent to them.
AB130-SSA1,265,2
1(c) Make such inquiries as satisfactorily establish that there is a factual basis
2for the juvenile's plea or the parent's and juvenile's admission.
AB130-SSA1,265,6
3(9) If a court commissioner conducts the plea hearing and accepts an admission
4of the alleged facts in a petition brought under s. 938.12 or 938.13, the judge shall
5review the admission at the beginning of the dispositional hearing by addressing the
6parties and making the inquires set forth in sub. (8).
AB130-SSA1,265,9
7(10) The court may permit any party to participate in hearings under this
8section by telephone or live audio-visual means except a juvenile who intends to
9admit the facts of the delinquency petition.
AB130-SSA1,265,17
10938.305 Hearing upon the involuntary removal of a juvenile. 11Notwithstanding other time periods for hearings under this chapter, if a juvenile is
12removed from the physical custody of the juvenile's parent or guardian under s.
13938.19 (1) (c) or (d) 5. without the consent of the parent or guardian, the court shall
14schedule a plea hearing and fact-finding hearing within 30 days after a request from
15the parent or guardian from whom custody was removed. The plea hearing and
16fact-finding hearing may be combined. This time period may be extended only with
17the consent of the requesting parent or guardian.
AB130-SSA1,265,22
18938.31 Fact-finding hearing. (1) In this section, "fact-finding hearing"
19means a hearing to determine if the allegations of a petition under s. 938.12 or 938.13
20(12) are supported beyond a reasonable doubt or a hearing to determine if the
21allegations in a petition or citation under s. 938.125 or 938.13 (4), (6), (6m), (7) or (14)
22are proved by clear and convincing evidence.
AB130-SSA1,266,5
23(2) The hearing shall be to the court. If the hearing involves a child victim or
24witness, as defined in s. 950.02, the court may order the taking and allow the use of
25a videotaped deposition under s. 967.04 (7) to (10) and, with the district attorney,
1shall comply with s. 971.105. At the conclusion of the hearing, the court shall make
2a determination of the facts. If the court finds that the juvenile is not within the
3jurisdiction of the court or the court finds that the facts alleged in the petition or
4citation have not been proved, the court shall dismiss the petition or citation with
5prejudice.
AB130-SSA1,266,10
6(4) The court shall make findings of fact and conclusions of law relating to the
7allegations of a petition under s. 938.12, 938.125 or 938.13. In cases alleging a
8juvenile to be delinquent or in need of protection or services under s. 938.13 (12), the
9court shall make findings relating to the proof of the violation of law and to the proof
10that the juvenile named in the petition committed the violation alleged.
AB130-SSA1,266,25
11(7) At the close of the fact-finding hearing, the court shall set a date for the
12dispositional hearing which allows a reasonable time for the parties to prepare but
13is no more than 10 days after the fact-finding hearing for a juvenile in secure custody
14and no more than 30 days after the fact-finding hearing for a juvenile not held in
15secure custody. If it appears to the court that disposition of the case may include
16placement of the juvenile outside the juvenile's home, the court shall order the
17juvenile's parent to provide a statement of income, assets, debts and living expenses
18to the court or the designated agency under s. 938.33 (1) at least 5 days before the
19scheduled date of the dispositional hearing or as otherwise ordered by the court. The
20clerk of court shall provide, without charge, to any parent ordered to provide a
21statement of income, assets, debts and living expenses a document setting forth the
22percentage standard established by the department of health and social services
23under s. 46.25 (9) and listing the factors that a court may consider under s. 46.10 (14)
24(c). If all parties consent, the court may immediately proceed with a dispositional
25hearing.
AB130-SSA1,267,2
1938.315 Delays, continuances and extensions. (1) The following time
2periods shall be excluded in computing time requirements within this chapter:
AB130-SSA1,267,63
(a) Any period of delay resulting from other legal actions concerning the
4juvenile, including an examination under s. 938.295 or a hearing related to the
5juvenile's mental condition, prehearing motions, waiver motions and hearings on
6other matters.
AB130-SSA1,267,87
(b) Any period of delay resulting from a continuance granted at the request of
8or with the consent of the juvenile and counsel.
AB130-SSA1,267,119
(c) Any period of delay caused by the disqualification or substitution of a judge
10or by any other transfer of the case or intake inquiry to a different judge, intake
11worker or county.
AB130-SSA1,267,1812
(d) Any period of delay resulting from a continuance granted at the request of
13the representative of the public under s. 938.09 if the continuance is granted because
14of the unavailability of evidence material to the case when he or she has exercised
15due diligence to obtain the evidence and there are reasonable grounds to believe that
16the evidence will be available at the later date, or to allow him or her additional time
17to prepare the case and additional time is justified because of the exceptional
18circumstances of the case.
AB130-SSA1,267,1919
(e) Any period of delay resulting from the imposition of a consent decree.
AB130-SSA1,267,2120
(f) Any period of delay resulting from the absence or unavailability of the
21juvenile.
AB130-SSA1,267,2522
(fm) Any period of delay resulting from the inability of the court to provide the
23juvenile with notice of an extension hearing under s. 938.365 due to the juvenile
24having run away or otherwise having made himself or herself unavailable to receive
25that notice.
AB130-SSA1,268,3
1(g) A reasonable period of delay when the juvenile is joined in a hearing with
2another juvenile as to whom the time for a hearing has not expired under this section
3if there is good cause for not hearing the cases separately.
AB130-SSA1,268,8
4(2) A continuance may be granted by the court only upon a showing of good
5cause in open court or during a telephone conference under s. 807.13 on the record
6and only for so long as is necessary, taking into account the request or consent of the
7representative of the public under s. 938.09 or the parties and the interest of the
8public in the prompt disposition of cases.
AB130-SSA1,268,15
9(3) Failure to comply with any time limit specified in this chapter does not
10deprive the court of personal or subject matter jurisdiction or of competency to
11exercise that jurisdiction. If a party does not comply with a time limit specified in
12this chapter, the court may grant a continuance under sub. (2), dismiss the petition
13with or without prejudice, release the juvenile from secure or nonsecure custody or
14from the terms of a custody order or grant any other relief that the court considers
15appropriate.
AB130-SSA1,268,16
16938.317 Jeopardy. Jeopardy attaches when a witness is sworn.
AB130-SSA1,269,4
17938.32 Consent decree. (1) (a) At any time after the filing of a petition for
18a proceeding relating to s. 938.12 or 938.13 and before the entry of judgment, the
19judge or juvenile court commissioner may suspend the proceedings and place the
20juvenile under supervision in the juvenile's own home or present placement or in a
21youth village program as described in s. 118.42. The court may establish terms and
22conditions applicable to the parent, guardian or legal custodian, and to the juvenile,
23including any of the conditions specified in subs. (1d), (1g), (1m), (1t) and (1x). The
24order under this section shall be known as a consent decree and must be agreed to
25by the juvenile; the parent, guardian or legal custodian; and the person filing the
1petition under s. 938.25. If the consent decree includes any conditions specified in
2sub. (1g), the consent decree shall include provisions for payment of the services as
3specified in s. 938.361. The consent decree shall be reduced to writing and given to
4the parties.
AB130-SSA1,269,115
(b) 1. Before entering into a consent decree in a proceeding in which a juvenile
6is alleged to be delinquent under s. 938.12 or to be in need of protection or services
7under s. 938.13 (12), the court shall allow a victim or a family member of a homicide
8victim to make a statement or to submit a written statement to be read to the court.
9The court may allow any other person to make or submit a statement under this
10subdivision. Any statement made under this subdivision must be relevant to the
11consent decree.
AB130-SSA1,269,1812
2. Before entering into a consent decree in a proceeding in which a juvenile is
13alleged to be delinquent under s. 938.12 or to be in need of protection or services
14under s. 938.13 (12), the district attorney or corporation counsel shall attempt to
15contact any known victim or family member of a homicide victim to inform that
16person of the right to make a statement under subd. 1. Any failure to comply with
17this subdivision is not a ground for discharge of the juvenile, parent, guardian or
18legal custodian from fulfilling the terms and conditions of the consent decree.
AB130-SSA1,270,4
19(1d) If the petition alleges that the juvenile has committed an act that would
20constitute a misdemeanor if committed by an adult, if the chief judge of the judicial
21administrative district has approved under s. 973.11 (2) a volunteers in probation
22program established in the juvenile's county of residence and if the judge or juvenile
23court commissioner determines that volunteer supervision under that volunteers in
24probation program will likely benefit the juvenile and the community, the judge or
25juvenile court commissioner may establish as a condition under sub. (1) that the
1juvenile be placed with that volunteers in probation program under such conditions
2as the judge or juvenile court commissioner determines are reasonable and
3appropriate. These conditions may include, but need not be limited to, any of the
4following:
AB130-SSA1,270,75
(a) A directive to a volunteer to provide for the juvenile a role model, informal
6counseling, general monitoring and monitoring of the conditions established by the
7judge or juvenile court commissioner, or any combination of these functions.
AB130-SSA1,270,98
(b) Any other conditions that the judge or juvenile court commissioner may
9establish under this section.
AB130-SSA1,270,15
10(1g) If the petition alleges that the juvenile committed a violation specified
11under ch. 161 and if the multidisciplinary screen conducted under s. 938.24 (2) shows
12that the juvenile is at risk of having needs and problems related to the use of alcohol
13beverages or controlled substances and its medical, personal, family and social
14effects, the judge or juvenile court commissioner may establish as a condition under
15sub. (1) any of the following:
AB130-SSA1,270,1916
(a) That the juvenile participate in outpatient treatment from an approved
17treatment facility for alcohol and other drug abuse, if an alcohol and other drug abuse
18assessment that conforms to the criteria specified under s. 938.547 (4) was completed
19under s. 938.295 (1).
AB130-SSA1,270,2420
(b) That the juvenile participate in a court-approved pupil assistance program
21provided by the juvenile's school board or a court-approved alcohol or other drug
22abuse education program. The juvenile's participation in a court-approved pupil
23assistance program under this paragraph is subject to the approval of the juvenile's
24school board.
AB130-SSA1,271,3
1(1m) The judge or juvenile court commissioner may establish as a condition
2under sub. (1) that the juvenile be placed in a teen court program if all of the following
3conditions apply:
AB130-SSA1,271,74
(a) The chief judge of the judicial administrative district has approved a teen
5court program established in the juvenile's county of residence and the judge or
6juvenile court commissioner determines that participation in the teen court program
7will likely benefit the juvenile and the community.
AB130-SSA1,271,98
(b) The juvenile is alleged to have committed a delinquent act that would be
9a misdemeanor if committed by an adult.
AB130-SSA1,271,1210
(c) The juvenile admits or pleads no contest in open court, with the juvenile's
11parent, guardian or legal custodian present, to the allegations that the juvenile
12committed the delinquent act.
AB130-SSA1,271,1413
(d) The juvenile has not successfully completed participation in a teen court
14program during the 2 years before the date of the alleged delinquent act.
AB130-SSA1,271,20
15(1r) If the conditions of the consent decree provide for an alcohol and other drug
16abuse outpatient treatment program under sub. (1g) (a), the juvenile or, if the
17juvenile has not attained the age of 12, the juvenile's parent, guardian or legal
18custodian shall execute an informed consent form that indicates that they are
19voluntarily and knowingly entering into a consent decree for the provision of alcohol
20and other drug abuse outpatient treatment.
AB130-SSA1,272,8
21(1t) (a) 1. Subject to subd. 3., if the petition alleges that the juvenile committed
22a delinquent act that has resulted in damage to the property of another, or in actual
23physical injury to another excluding pain and suffering, the judge or juvenile court
24commissioner may require the juvenile as a condition of the consent decree, to repair
25the damage to property or to make reasonable restitution for the damage or injury
1if the judge or juvenile court commissioner, after taking into consideration the
2well-being and needs of the victim, considers it beneficial to the well-being and
3behavior of the juvenile. Any consent decree that includes a condition of restitution
4shall include a finding that the juvenile alone is financially able to pay and may allow
5up to the date of the expiration of the consent decree for the payment. Objection by
6the juvenile to the amount of damages claimed shall entitle the juvenile to a hearing
7on the question of damages before the amount of restitution is made part of the
8consent decree.
AB130-SSA1,272,149
2. In addition to any other employment or duties permitted under ch. 103 or
10any rule or order under ch. 103, a juvenile who is under 14 years of age who is
11participating in a restitution project provided by the county may, for the purpose of
12making restitution under the consent decree, be employed or perform any duties
13under any circumstances in which a juvenile 14 or 15 years of age is permitted to be
14employed or to perform duties under ch. 103 or any rule or order under ch. 103.
AB130-SSA1,272,1615
3. Under this paragraph, a judge or juvenile court commissioner may not order
16a juvenile who is under 14 years of age to make more than $250 in restitution.
AB130-SSA1,272,1917
(b) The judge may require the juvenile to participate in a supervised work
18program or other community service work under s. 938.34 (5g) as a condition of the
19consent decree.
AB130-SSA1,273,2
20(1x) If the petition alleges that the juvenile violated s. 943.017 and the juvenile
21has attained the minimum age at which a juvenile may be adjudicated delinquent,
22the judge or juvenile court commissioner may require, as a condition of the consent
23decree, that the juvenile participate for not less than 10 hours nor more than 100
24hours in a supervised work program under s. 938.34 (5g) or perform not less than 10
1hours nor more than 100 hours of other community service work, except that if the
2juvenile has not attained 14 years of age the maximum number of hours is 40.
AB130-SSA1,273,5
3(2) (a) A consent decree shall remain in effect for up to one year unless the
4juvenile, parent, guardian or legal custodian is discharged sooner by the judge or
5juvenile court commissioner.
AB130-SSA1,273,156
(c) Upon the motion of the court or the application of the juvenile, parent,
7guardian, legal custodian, intake worker or any agency supervising the juvenile
8under the consent decree, the court may, after giving notice to the parties to the
9consent decree and their counsel, if any, extend the decree for up to an additional 6
10months or, if the consent decree places the juvenile in a youth village program as
11described in s. 118.42, for up to an additional one year in the absence of objection to
12extension by the parties to the initial consent decree. If the parent, guardian or legal
13custodian objects to the extension, the court shall schedule a hearing and make a
14determination on the issue of extension. A consent decree placing a juvenile in a
15youth village program as described in s. 118.42 may be extended no more than twice.
AB130-SSA1,273,21
16(3) If, prior to discharge by the court, or the expiration of the consent decree,
17the court finds that the juvenile or parent, legal guardian or legal custodian has
18failed to fulfill the express terms and conditions of the consent decree or that the
19juvenile objects to the continuation of the consent decree, the hearing under which
20the juvenile was placed on supervision may be continued to conclusion as if the
21consent decree had never been entered.
AB130-SSA1,274,2
22(4) No juvenile who is discharged by the court or who completes the period of
23supervision without reinstatement of the original petition may again be proceeded
24against in any court for the same offense alleged in the petition or an offense based
25on the same conduct, and the original petition shall be dismissed with prejudice.
1Nothing in this subsection precludes a civil suit against the juvenile or parent for
2damages arising from the juvenile's conduct.
AB130-SSA1,274,6
3(5) A court which, under this section, elicits or examines information or
4material about a juvenile which would be inadmissible in a hearing on the
5allegations of the petition may not, over objections of one of the parties, participate
6in any subsequent proceedings if any of the following applies:
AB130-SSA1,274,97
(a) The court refuses to enter into a consent decree and the allegations in the
8petition remain to be decided in a hearing where the juvenile denies the allegations
9of delinquency.
AB130-SSA1,274,1110
(b) A consent decree is granted but the petition under s. 938.12 or 938.13 is
11subsequently reinstated.
AB130-SSA1,274,16
12(6) The judge or juvenile court commissioner shall inform the juvenile and the
13juvenile's parent, guardian or legal custodian, in writing, of the juvenile's right to
14object to the continuation of the consent decree under sub. (3) and of the fact that the
15hearing under which the juvenile was placed on supervision may be continued to
16conclusion as if the consent decree had never been entered.
AB130-SSA1,274,1817
SUBCHAPTER VI
18
DISPOSITION
AB130-SSA1,274,22
19938.33 Court reports. (1) Report required. Before the disposition of a
20juvenile adjudged to be delinquent or in need of protection or services, the court shall
21designate an agency, as defined in s. 938.38 (1) (a), to submit a report which shall
22contain all of the following:
AB130-SSA1,274,2323
(a) The social history of the juvenile.
AB130-SSA1,275,224
(b) A recommended plan of rehabilitation or treatment and care for the juvenile
25which is based on the investigation conducted by the agency and any report resulting
1from an examination or assessment under s. 938.295, which employs the most
2effective means available to accomplish the objectives of the plan.
AB130-SSA1,275,83
(c) A description of the specific services or continuum of services which the
4agency is recommending that the court order for the juvenile or family, the persons
5or agencies that would be primarily responsible for providing those services, and the
6identity of the person or agency that would provide case management or coordination
7of services if any or whether or not the juvenile should receive an integrated service
8plan.
AB130-SSA1,275,109
(d) A statement of the objectives of the plan, including any desired behavior
10changes and the academic, social and vocational skills needed by the juvenile.
AB130-SSA1,275,1311
(e) A plan for the provision of educational services to the juvenile, prepared
12after consultation with the staff of the school in which the juvenile is enrolled or the
13last school in which the juvenile was enrolled.
AB130-SSA1,275,1814
(f) If the agency is recommending that the court order the juvenile's parent,
15guardian or legal custodian to participate in mental health treatment, anger
16management, individual or family counseling or parent training and education, a
17statement as to the availability of those services and as to the availability of funding
18for those services.
AB130-SSA1,275,22
19(2) Home placement reports. A report recommending that the juvenile remain
20in his or her home may be presented orally at the dispositional hearing if all parties
21consent. A report that is presented orally shall be transcribed and made a part of the
22court record.
AB130-SSA1,276,4
23(3) Correctional placement reports. A report recommending placement of a
24juvenile in a secured correctional facility under the supervision of the department
25or a secured child caring institution shall be in writing, except that the report may
1be presented orally at the dispositional hearing if the juvenile and the juvenile's
2counsel consent. A report that is presented orally shall be transcribed and made a
3part of the court record. In addition to the information specified under sub. (1) (a)
4to (d), the report shall include all of the following:
AB130-SSA1,276,105
(a) A description of any less restrictive alternatives that are available and that
6have been considered, and why they have been determined to be inappropriate. If
7the judge has found that any of the conditions specified in s. 938.34 (4m) (b) 1., 2. or
83. applies, the report shall indicate that a less restrictive alternative than placement
9in a secured correctional facility or a secured child caring institution is not
10appropriate.
AB130-SSA1,276,1311
(b) A recommendation for an amount of child support to be paid by either or
12both of the juvenile's parents or for referral to the county designee under s. 59.07 (97)
13for the establishment of child support.
AB130-SSA1,276,23
14(3r) Serious juvenile offender report. If a juvenile has been adjudicated
15delinquent for committing a violation for which the juvenile maybe placed in the
16serious juvenile offender program under s. 938.34 (4h) (a), the report shall be in
17writing and, in addition to the information specified in sub. (1) and in sub. (3) or (4),
18if applicable, shall include an analysis of the juvenile's suitability for placement in
19the serious juvenile offender program under s. 938.34 (4h) or in a secured
20correctional facility under s. 938.34 (4m), a placement specified in s. 938.34 (3) or
21placement in the juvenile's home with supervision and community-based
22programming and a recommendation as to the type of placement for which the
23juvenile is best suited.
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24(4) Other out-of-home placements. A report recommending placement in a
25foster home, treatment foster home, group home or nonsecured child caring
1institution shall be in writing, except that the report may be presented orally at the
2dispositional hearing if all parties consent. A report that is presented orally shall be
3transcribed and made a part of the court record. The report shall include all of the
4following:
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(a) A permanency plan prepared under s. 938.38.
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(b) A recommendation for an amount of child support to be paid by either or
7both of the juvenile's parents or for referral to the county designee under s. 59.07 (97)
8for the establishment of child support.
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9(4m) Support recommendations; information to parents. In making a
10recommendation for an amount of child support under sub. (3) or (4), the agency shall
11consider the factors that the court considers under s. 46.10 (14) (c) for deviation from
12the percentage standard. At or before the dispositional hearing under s. 938.335, the
13agency shall provide the juvenile's parent with all of the following:
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(a) Its recommendation for juvenile support.
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(b) A written explanation of how the parent may request that the court modify
16the amount of child support under s. 46.10 (14) (c).
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(c) A written explanation of how the parent may request a revision under s.
18938.363 in the amount of child support ordered by the court under s. 938.335 (2) (b)
194.
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20(5) Identity of foster parent or treatment foster parent; confidentiality.
21If the report recommends placement in a foster home or a treatment foster home, and
22the name of the foster parent or treatment foster parent is not available at the time
23the report is filed, the agency shall provide the court and the juvenile's parent or
24guardian with the name and address of the foster parent or treatment foster parent
25within 21 days after the dispositional order is entered, except that the court may
1order the information withheld from the juvenile's parent or guardian if the court
2finds that disclosure would result in imminent danger to the juvenile or to the foster
3parent or treatment foster parent. After notifying the juvenile's parent or guardian,
4the court shall hold a hearing prior to ordering the information withheld.
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5938.331 Court reports; effect on victim. If the delinquent act would
6constitute a felony if committed by an adult, the person preparing the report under
7s. 938.33 (1) shall attempt to determine the economic, physical and psychological
8effect of the delinquent act on the victim. The person preparing the report may ask
9any appropriate person for information. This section does not preclude the person
10who prepares the report from including any information for the court concerning the
11impact of a delinquent act on the victim. If the delinquent act would not constitute
12a felony but a victim has suffered bodily harm or the act involved theft or damage to
13property, the person preparing the report is encouraged to seek the information
14described in this section.