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.
AB130-SSA1,277,4
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:
AB130-SSA1,277,55
(a) A permanency plan prepared under s. 938.38.
AB130-SSA1,277,86
(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.
AB130-SSA1,277,13
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:
AB130-SSA1,277,1414
(a) Its recommendation for juvenile support.
AB130-SSA1,277,1615
(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).
AB130-SSA1,277,1917
(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.
AB130-SSA1,278,4
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.
AB130-SSA1,278,14
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.
AB130-SSA1,278,20
15938.335 Dispositional hearings. (1) The court shall conduct a hearing to
16determine the disposition of a case in which a juvenile is adjudged to be delinquent
17under s. 938.12, to have violated a civil law or ordinance under s. 938.125 or to be in
18need of protection or services under s. 938.13, except that the court shall proceed as
19provided in s. 938.237 (2) if a citation is issued and the juvenile fails to contest the
20citation.
AB130-SSA1,278,23
21(3) At hearings under this section, any party may present evidence relevant
22to the issue of disposition, including expert testimony, and may make alternative
23dispositional recommendations.
AB130-SSA1,279,5
24(3m) (a) Before imposing a disposition in a proceeding in which a juvenile is
25adjudged to be delinquent under s. 938.12 or is found to be in need of protection or
1services under s. 938.13 (12), the court shall allow a victim or a family member of a
2homicide victim to make a statement or to submit a written statement to be read to
3the court. The court may allow any other person to make or submit a statement
4under this paragraph. Any statement made under this paragraph must be relevant
5to the disposition.
AB130-SSA1,279,116
(b) After a finding that a juvenile is delinquent under s. 938.12 or is found to
7be in need of protection or services under s. 938.13 (12), the district attorney or
8corporation counsel shall attempt to contact any known victim or family member of
9a homicide victim to inform that person of the right to make a statement under par.
10(a). Any failure to comply with this paragraph is not a ground for an appeal of a
11dispositional order or for any court to reverse or modify a dispositional order.
AB130-SSA1,279,13
12(3r) At hearings under this section, a parent of the juvenile may present
13evidence relevant to the amount of child support to be paid by either or both parents.
AB130-SSA1,279,17
14(4) At hearings under this section, s. 938.357, 938.363 or 938.365, on the
15request of any party, unless good cause to the contrary is shown, the court may admit
16testimony on the record by telephone or live audio-visual means, if available, under
17s. 807.13 (2). The request and the showing of good cause may be made by telephone.
AB130-SSA1,279,19
18(5) At the conclusion of the hearing, the court shall make a dispositional order
19in accordance with s. 938.355.
AB130-SSA1,280,3
20938.34 Disposition of juvenile adjudged delinquent. If the court adjudges
21a juvenile delinquent, the court shall enter an order deciding one or more of the
22dispositions of the case as provided in this section under a care and treatment plan.
23A disposition under sub. (4m) must be combined with a disposition under sub. (4n).
24In deciding the dispositions for a juvenile who is adjudicated delinquent, the court
25shall consider the seriousness of the act for which the juvenile is adjudicated
1delinquent and may consider any other delinquent act that is read into the record
2and dismissed at the time of the adjudication. The dispositions under this section
3are:
AB130-SSA1,280,5
4(1) Counseling. Counsel the juvenile or the parent, guardian or legal
5custodian.
AB130-SSA1,280,10
6(2) Supervision. (a) Place the juvenile under the supervision of an agency, the
7department, if the department approves, or a suitable adult, including a friend of the
8juvenile, under conditions prescribed by the court including reasonable rules for the
9juvenile's conduct, designed for the physical, mental and moral well-being and
10behavior of the juvenile.
AB130-SSA1,280,1511
(b) If the juvenile is placed in the juvenile's home under the supervision of an
12agency or the department, order the agency or department to provide specified
13services to the juvenile and the juvenile's family, which may include but are not
14limited to individual, family or group counseling, homemaker or parent aide
15services, respite care, housing assistance, day care or parent skills training.
AB130-SSA1,280,1716
(c) Order the juvenile to remain at his or her home or other placement for a
17period of not more than 30 days under rules of supervision specified in the order.
AB130-SSA1,281,2
18(2g) Volunteers in probation program. If the juvenile is adjudicated
19delinquent for the commission of an act that would constitute a misdemeanor if
20committed by an adult, if the chief judge of the judicial administrative district has
21approved under s. 973.11 (2) a volunteers in probation program established in the
22juvenile's county of residence and if the court determines that volunteer supervision
23under that volunteers in probation program will likely benefit the juvenile and the
24community, placement of the juvenile with that volunteers in probation program
1under such conditions as the court determines are reasonable and appropriate.
2These conditions may include, but need not be limited to, any of the following:
AB130-SSA1,281,53
(a) A directive to a volunteer to provide for the juvenile a role model, informal
4counseling, general monitoring and monitoring of the conditions established by the
5court, or any combination of these functions.
AB130-SSA1,281,66
(b) Any other disposition that the court may impose under this section.
AB130-SSA1,281,8
7(2m) Teen court program. Order the juvenile to be placed in a teen court
8program if all of the following conditions apply:
AB130-SSA1,281,129
(a) The chief judge of the judicial administrative district has approved a teen
10court program established in the juvenile's county of residence and the judge
11determines that participation in the teen court program will likely benefit the
12juvenile and the community.
AB130-SSA1,281,1413
(b) The juvenile is alleged to have committed a delinquent act that would be
14a misdemeanor if committed by an adult.
AB130-SSA1,281,1715
(c) The juvenile admits or pleads no contest in open court, with the juvenile's
16parent, guardian or legal custodian present, to the allegations that the juvenile
17committed the delinquent act.
AB130-SSA1,281,1918
(d) The juvenile has not successfully completed participation in a teen court
19program during the 2 years before the date of the alleged delinquent act.
AB130-SSA1,281,21
20(2r) Intensive supervision. Order the juvenile to participate in an intensive
21supervision program under s. 938.534.
AB130-SSA1,281,22
22(3) Placement. Designate one of the following as the placement for the juvenile:
AB130-SSA1,281,2323
(a) The home of a parent or other relative of the juvenile.
AB130-SSA1,281,2424
(b) A home which need not be licensed if placement is for less than 30 days.
AB130-SSA1,282,2
1(c) A foster home or treatment foster home licensed under s. 48.62 or a group
2home licensed under s. 48.625.
AB130-SSA1,282,33
(d) A child caring institution licensed under s. 48.60.
AB130-SSA1,282,64
(dm) A youth village program as described in s. 118.42, if the juvenile, his or
5her parent, guardian or legal custodian and the youth village program agree to that
6placement.
AB130-SSA1,282,117
(e) An independent living situation effective on or after the juvenile's 17th
8birthday, either alone or with friends, under such supervision as the court considers
9appropriate, but only if the juvenile is of sufficient maturity and judgment to live
10independently and only upon proof of a reasonable plan for supervision by an
11appropriate person or agency.
AB130-SSA1,282,1412
(f) A secure detention facility or juvenile portion of a county jail that meets the
13standards promulgated by the department of corrections by rule, or in a place of
14nonsecure custody designated by the court, subject to all of the following:
AB130-SSA1,282,1915
1. The placement may be for any combination of single or consecutive days
16totalling not more than 30. The juvenile shall be given credit against the period of
17detention or nonsecure custody imposed under this paragraph for all time spent in
18secure detention in connection with the course of conduct for which the detention or
19nonsecure custody was imposed.
AB130-SSA1,282,2420
2. The order may provide that the juvenile may be released from the secure
21detention facility, juvenile portion of the jail or place of nonsecure custody during
22specified hours to attend school, to work at the juvenile's place of employment or to
23attend or participate in any activity which the court considers beneficial to the
24juvenile.
AB130-SSA1,283,4
13. The use of placement in a secure detention facility or in a juvenile portion
2of a county jail as a disposition under this paragraph is subject to the adoption of a
3resolution by the county board of supervisors under s. 938.06 (5) authorizing the use
4of those placements as a disposition.
AB130-SSA1,283,7
5(3g) Electronic monitoring. Monitoring by an electronic monitoring system
6for a juvenile subject to an order under sub. (2), (2r), (3) (a) to (e), (4h) or (4n) who is
7placed in the community.
AB130-SSA1,283,10
8(4) Transfer of legal custody. If it is shown that the rehabilitation or the
9treatment and care of the juvenile cannot be accomplished by means of voluntary
10consent of the parent or guardian, transfer legal custody to any of the following:
AB130-SSA1,283,1111
(a) A relative of the juvenile.
AB130-SSA1,283,1212
(b) A county department.
AB130-SSA1,283,1313
(c) A licensed child welfare agency.
AB130-SSA1,283,15
14(4h) Serious juvenile offender program. Place the juvenile in the serious
15juvenile offender program under s. 938.538, but only if all of the following apply:
AB130-SSA1,283,2116
(a) The juvenile is 14 years of age or over and has been adjudicated delinquent
17for committing a violation of s. 939.31, 939.32 (1) (a), 940.03, 940.21, 940.225 (1),
18940.305, 940.31, 941.327 (2) (b) 4., 943.02, 943.10 (2), 943.23 (1g), (1m) or (1r), 943.32
19(2), 948.02 (1), 948.025, 948.30, 948.35 (1) (b) or 948.36 or the juvenile is 10 years of
20age or over and has been adjudicated delinquent for attempting or committing a
21violation of s. 940.01 or for committing a violation of 940.02 or 940.05.
AB130-SSA1,283,2422
(b) The judge finds that the only other disposition that would be appropriate
23for the juvenile would be placement of the juvenile in a secured correctional facility
24under sub. (4m).
AB130-SSA1,284,6
1(4m) Correctional placement. Place the juvenile in a secured correctional
2facility under the supervision of the department if the juvenile is 12 years of age or
3over or, if the juvenile is under 12 years of age, in a secured child caring institution
4under the supervision of the department, unless the department, after an
5examination under s. 938.50, determines that placement in a secured correctional
6facility is more appropriate, but only if all of the following apply:
AB130-SSA1,284,97
(a) The juvenile has been found to be delinquent for the commission of an act
8which if committed by an adult would be punishable by a sentence of 6 months or
9more.
AB130-SSA1,284,1510
(b) The juvenile has been found to be a danger to the public and to be in need
11of restrictive custodial treatment. If the judge determines that any of the following
12conditions applies, but that placement in the serious juvenile offender program
13under sub. (4h) would not be appropriate, that determination shall be prima facie
14evidence that the juvenile is a danger to the public and in need of restrictive custodial
15treatment under this subsection:
AB130-SSA1,284,1916
1. The juvenile has committed a delinquent act that would be a felony under
17s. 940.01, 940.02, 940.03, 940.05, 940.19 (2) to (6), 940.21, 940.225 (1), 940.31, 941.20
18(3), 943.02 (1), 943.23 (1g), (1m) or (1r), 943.32 (2), 947.013 (1t), (1v) or (1x), 948.02
19(1) or (2), 948.025 or 948.03 if committed by an adult.
AB130-SSA1,284,2320
2. The juvenile has possessed, used or threatened to use a handgun, as defined
21in s. 175.35 (1) (b), short-barreled rifle, as defined in s. 941.28 (1) (b), or
22short-barreled shotgun, as defined in s. 941.28 (1) (c), while committing a delinquent
23act that would be a felony under ch. 940 if committed by an adult.
AB130-SSA1,285,3
13. The juvenile has possessed or gone armed with a short-barreled rifle or a
2short-barreled shotgun in violation of s. 941.28 or has possessed or gone armed with
3a handgun in violation of s. 948.60.
AB130-SSA1,285,9
4(4n) Aftercare supervision. Subject to s. 938.532 (3) and to any arrangement
5between the department and a county department regarding the provision of
6aftercare supervision for juveniles who have been released from a secured
7correctional facility or a secured child caring institution, designate one of the
8following to provide aftercare supervision for the juvenile following the juvenile's
9release from the secured correctional facility or secured child caring institution:
AB130-SSA1,285,1010
(a) The department.
AB130-SSA1,285,1211
(b) The county department of the county of the court that placed the juvenile
12in the secured correctional facility or secured child caring institution.
AB130-SSA1,285,1313
(c) The county department of the juvenile's county of legal residence.
AB130-SSA1,285,23
14(5) Restitution. (a) Subject to par. (c), if the juvenile is found to have
15committed a delinquent act which has resulted in damage to the property of another,
16or actual physical injury to another excluding pain and suffering, order the juvenile
17to repair the damage to property or to make reasonable restitution for the damage
18or injury if the court, after taking into consideration the well-being and needs of the
19victim, considers it beneficial to the well-being and behavior of the juvenile. Any
20such order shall include a finding that the juvenile alone is financially able to pay
21and may allow up to the date of the expiration of the order for the payment. Objection
22by the juvenile to the amount of damages claimed shall entitle the juvenile to a
23hearing on the question of damages before the amount of restitution is ordered.
AB130-SSA1,286,224
(am) Subject to par. (c), order a juvenile who owes restitution under par. (a) and
25who is receiving income while placed in a secured correctional facility, residential
1treatment center or other out-of-home placement to contribute a stated percentage
2of that income towards that restitution.
AB130-SSA1,286,93
(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 ordered by the court under this subsection, be employed or
7perform any duties under any circumstances in which a juvenile 14 or 15 years of age
8is permitted to be employed or perform duties under ch. 103 or any rule or order
9under ch. 103.
AB130-SSA1,286,1110
(c) Under this subsection, a court may not order a juvenile who is under 14 years
11of age to make more than $250 in restitution.
AB130-SSA1,286,16
12(5g) Supervised work program or other community service work. (a) Order
13the juvenile to participate in a supervised work program administered by the county
14department or a community agency approved by the court or other community
15service work administered by a public agency or nonprofit charitable organization
16approved by the court.
AB130-SSA1,286,2517
(am) The court shall set standards for the supervised work program within the
18budgetary limits established by the county board of supervisors. The supervised
19work program may provide the juvenile reasonable compensation reflecting a
20reasonable market value of the work performed or it may consist of uncompensated
21community service work. Community service work may be in lieu of restitution only
22if also agreed to by the county department, community agency, public agency or
23nonprofit charitable organization and by the person to whom the restitution is owed.
24The court may use any available resources, including any community service work
25program, in ordering the juvenile to perform community service work.
AB130-SSA1,287,8
1(b) The supervised work program or other community service work shall be of
2a constructive nature designed to promote the rehabilitation of the juvenile, shall be
3appropriate to the age level and physical ability of the juvenile and shall be combined
4with counseling from a member of the staff of the county department, community
5agency, public agency or nonprofit charitable organization or other qualified person.
6The supervised work program or other community service work may not conflict with
7the juvenile's regular attendance at school. Subject to par. (d), the amount of work
8required shall be reasonably related to the seriousness of the juvenile's offense.
AB130-SSA1,287,159
(c) 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 supervised work program or other community service work may,
12for purposes of performing the supervised work or other community service work, be
13employed or perform any duties under any circumstances in which a juvenile 14 or
1415 years of age is permitted to be employed or perform duties under ch. 103 or any
15rule or order under ch. 103.
AB130-SSA1,287,1816
(d) Under this subsection, a juvenile who is under 14 years of age may not be
17required to perform more than 40 total hours of supervised work or other community
18service work, except as provided in subs. (13r) and (14t).