AB130-SSA1,25,19
1548.10 Power of the judge to act as intake worker. The duties of the intake
16worker may be carried out from time to time by the judge at his or her discretion, but
17if a recommendation to file a petition is made
, a citation is issued or an informal
18disposition is entered into, the judge shall be disqualified from participating further
19in the proceedings.
AB130-SSA1,26,3
148.13
(4) Whose parent or guardian signs the petition requesting jurisdiction
2and states that he or she is unable to care for
, control or provide necessary special
3treatment or care for the child;
AB130-SSA1,26,1310
48.135
(1) If a child alleged to be
delinquent or in need of protection or services
11is before the court and it appears that the child is developmentally disabled, mentally
12ill or drug dependent or suffers from alcoholism, the court may proceed under ch. 51
13or 55.
AB130-SSA1,26,23
1648.15 Jurisdiction of other courts to determine legal custody. Nothing
17contained in ss.
48.12, 48.13 and 48.14 deprives other courts of the right to determine
18the legal custody of children by habeas corpus or to determine the legal custody or
19guardianship of children if the legal custody or guardianship is incidental to the
20determination of causes pending in the other courts. But the jurisdiction of the court
21assigned to exercise jurisdiction under this chapter
and ch. 938 is paramount in all
22cases involving children alleged to come within the provisions of ss.
48.12, 48.13 and
2348.14.
AB130-SSA1,27,2517
48.185
(1) Subject to sub. (3), venue
Venue for any proceeding under ss.
48.12, 1848.125, 48.13, 48.135
, and 48.14 (1) to (9)
and 48.18 may be in any of the following:
19the county where the child resides, the county where the child is present or, in the
20case of a violation of a state law or a county, town or municipal ordinance, the county
21where the violation occurred. Venue for proceedings brought under subch. VIII is as
22provided in this subsection except where the child has been placed and is living
23outside the home of the child's parent pursuant to a dispositional order, in which case
24venue is as provided in sub. (2). Venue for a proceeding under s. 48.14 (10) is as
25provided in s. 801.50 (5s).
AB130-SSA1,28,75
48.19
(1) (d) 6. The child has violated the terms of court-ordered supervision
6or aftercare supervision administered by the department or a county department
or
7of corrective sanctions supervision administered by the department.
AB130-SSA1, s. 105
8Section
105. 48.19 (1) (d) 6. of the statutes, as affected by 1995 Wisconsin Acts
927 and .... (this act), is repealed.
AB130-SSA1,28,1715
48.20
(2) (ag) Except as provided in pars. (b) to
(g) (d), a person taking a child
16into custody shall make every effort to release the child immediately to the child's
17parent, guardian or legal custodian.
AB130-SSA1,29,924
48.20
(3) If the child is released under sub. (2) (b) to (d)
or (g), the person who
25took the child into custody shall immediately notify the child's parent, guardian and
1legal custodian of the time and circumstances of the release and the person, if any,
2to whom the child was released. If the child is not released under sub. (2), the person
3who took the child into custody shall arrange in a manner determined by the court
4and law enforcement agencies for the child to be interviewed by the intake worker
5under s. 48.067 (2), and shall make a statement in writing with supporting facts of
6the reasons why the child was taken into physical custody and shall give any child
712 years of age or older a copy of the statement in addition to giving a copy to the
8intake worker. When the intake interview is not done in person, the report may be
9read to the intake worker.
AB130-SSA1,29,1511
48.20
(7) (a) When a child is interviewed by an intake worker, the intake worker
12shall inform any child
possibly involved in a delinquent act of his or her right to
13counsel and the right against self-incrimination. If the child
who is alleged to be in
14need of protection or services and
who is 12 years of age or older
, the intake worker
15shall inform the child of his or her right to counsel.
AB130-SSA1,30,1320
48.20
(8) If a child is held in custody, the intake worker shall notify the child's
21parent, guardian and legal custodian of the reasons for holding the child in custody
22and of the child's whereabouts unless there is reason to believe that notice would
23present imminent danger to the child. If a child who has violated the terms of
24aftercare supervision administered by the department of corrections or a county
25department is held in custody, the intake worker shall also notify the department of
1corrections or county department, whichever has supervision over the child, of the
2reasons for holding the child in custody, of the child's whereabouts and of the time
3and place of the detention hearing required under s. 48.21. The parent, guardian and
4legal custodian shall also be notified of the time and place of the detention hearing
5required under s. 48.21, the nature and possible consequences of that hearing, and
6the right to present and cross-examine witnesses at the hearing. If the parent,
7guardian or legal custodian is not immediately available, the intake worker or
8another person designated by the court shall provide notice as soon as possible.
9When the child is alleged to be in need of protection or services and is 12 years of age
10or older,
or is alleged to have committed a delinquent act, the child shall receive the
11same notice about the detention hearing as the parent, guardian or legal custodian.
12The intake worker shall notify both the child and the child's parent, guardian or legal
13custodian.
AB130-SSA1,30,1715
48.205
(1) (a) Probable cause exists to believe that if the child is not held he or
16she will
commit injury to the person or property of others or cause injury to himself
17or herself or be subject to injury by others;
AB130-SSA1,30,2320
48.205
(1) (c) Probable cause exists to believe that the child will run away or
21be taken away so as to be unavailable for proceedings of the court or its officers or
22proceedings of the division of hearings and appeals in the department of
23administration for revocation of aftercare
or corrective sanctions supervision.
AB130-SSA1, s. 121
24Section
121. 48.205 (1) (c) of the statutes, as affected by 1995 Wisconsin Acts
2527, section 2436p, and .... (this act), is repealed and recreated to read:
AB130-SSA1,31,2
148.205
(1) (c) Probable cause exists to believe that the child will run away or
2be taken away so as to be unavailable for proceedings of the court or its officers.
AB130-SSA1,31,115
48.208
(1) Probable cause exists to believe that the child has committed a
6delinquent act and either presents a substantial risk of physical harm to another
7person or a substantial risk of running away as evidenced by a previous act or
8attempt so as to be unavailable for a court hearing or a revocation hearing for
9children on aftercare
or corrective sanctions supervision. For children on aftercare
10or corrective sanctions supervision, the delinquent act referred to in this section may
11be the act for which the child was placed in a secured correctional facility.
AB130-SSA1, s. 123
12Section
123. 48.208 (1) of the statutes, as affected by 1995 Wisconsin Acts 27
13and .... (this act), is repealed.
AB130-SSA1,32,418
48.21
(1) (a) If a child who has been taken into custody is not released under
19s. 48.20, a hearing to determine whether the child shall continue to be held in custody
20under the criteria of ss. 48.205 to 48.209 shall be conducted by the judge or juvenile
21court commissioner within 24 hours of the time the decision to hold the child was
22made, excluding Saturdays, Sundays and legal holidays. By the time of the hearing
23a petition under s. 48.25 shall be filed, except that no petition need be filed where a
24child is taken into custody under s. 48.19 (1) (b) or (d) 2.
, 6. or 7. or where the child
25is a runaway from another state, in which case a written statement of the reasons
1for holding a child in custody shall be substituted if the petition is not filed. If no
2hearing has been held within 24 hours or if no petition or statement has been filed
3at the time of the hearing, the child shall be released except as provided in par. (b).
4A parent not present at the hearing shall be granted a rehearing upon request.
AB130-SSA1,32,107
48.21
(3) Proceedings concerning children in need of protection or
8services. (intro.) Proceedings concerning a child who comes within the jurisdiction
9of the court under s. 48.13
(1) to (5) or (8) to (11) shall be conducted according to this
10subsection.
AB130-SSA1,32,1816
48.227
(4) (b) If, in addition to jurisdiction under par. (c), the court has
17jurisdiction over the child under ss.
48.12 48.13 to 48.14, excluding s. 48.14 (8),
or
18under ss. 938.12 to 938.14, a hearing may be held under s. 48.21
or 938.21.
AB130-SSA1,33,720
48.227
(4) (e) 2. That, with the consent of the child and the runaway home, the
21child remain in the care of the runaway home for a period of not more than 20 days.
22Without further proceedings, the child shall be released whenever the child
23indicates, either by statement or conduct, that he or she wishes to leave the home or
24whenever the runaway home withdraws its consent. During this time period not to
25exceed 20 days ordered by the court, the child's parent, guardian or legal custodian
1may not remove the child from the home but may confer with the child or with the
2person operating the home. If, at the conclusion of the time period ordered by the
3court the child has not left the home, and no petition concerning the child has been
4filed under s.
48.12 or 48.13
, 938.12 or 938.13, the child shall be released from the
5home. If a petition concerning the child has been filed under s.
48.12 or 48.13
, 938.12
6or 938.13, the child may be held in temporary physical custody under ss. 48.20 to
748.21
or 938.20 to 938.21.
AB130-SSA1,33,1710
48.23
(1) (a) Any child
alleged to be delinquent under s. 48.12 or held in a secure
11detention facility shall be represented by counsel at all stages of the proceedings, but
12a child 15 years of age or older may waive counsel if the court is satisfied that the
13waiver is knowingly and voluntarily made and the court accepts the waiver.
If the
14waiver is accepted, the court may not place the child in a secured correctional facility,
15transfer supervision of the child to the department of corrections for participation in
16the serious juvenile offender program or transfer jurisdiction over the child to adult
17court.
