AB130-SSA1,33,197
48.227
(4) (e) 2. That, with the consent of the child and the runaway home, the
8child remain in the care of the runaway home for a period of not more than 20 days.
9Without further proceedings, the child shall be released whenever the child
10indicates, either by statement or conduct, that he or she wishes to leave the home or
11whenever the runaway home withdraws its consent. During this time period not to
12exceed 20 days ordered by the court, the child's parent, guardian or legal custodian
13may not remove the child from the home but may confer with the child or with the
14person operating the home. If, at the conclusion of the time period ordered by the
15court the child has not left the home, and no petition concerning the child has been
16filed under s.
48.12 or 48.13
, 938.12 or 938.13, the child shall be released from the
17home. If a petition concerning the child has been filed under s.
48.12 or 48.13
, 938.12
18or 938.13, the child may be held in temporary physical custody under ss. 48.20 to
1948.21
or 938.20 to 938.21.
AB130-SSA1,34,422
48.23
(1) (a) Any child
alleged to be delinquent under s. 48.12 or held in a secure
23detention facility shall be represented by counsel at all stages of the proceedings, but
24a child 15 years of age or older may waive counsel if the court is satisfied that the
25waiver is knowingly and voluntarily made and the court accepts the waiver.
If the
1waiver is accepted, the court may not place the child in a secured correctional facility,
2transfer supervision of the child to the department of corrections for participation in
3the serious juvenile offender program or transfer jurisdiction over the child to adult
4court.
AB130-SSA1,35,510
48.23
(4) Providing counsel. In any situation under this section in which a
11person has a right to be represented by counsel or is provided counsel at the
12discretion of the court and counsel is not knowingly and voluntarily waived, the court
13shall refer the person to the state public defender and counsel shall be appointed by
14the state public defender under s. 977.08 without a determination of indigency. If the
15referral is of a person who has filed a petition under s. 48.375 (7), the state public
16defender shall appoint counsel within 24 hours after that referral. Any counsel
17appointed in a petition filed under s. 48.375 (7) shall continue to represent the child
18in any appeal brought under s. 809.105 unless the child requests substitution of
19counsel or extenuating circumstances make it impossible for counsel to continue to
20represent the child. In any situation under sub. (2) in which a parent 18 years of age
21or older is entitled to representation by counsel; counsel is not knowingly and
22voluntarily waived; and it appears that the parent is unable to afford counsel in full,
23or the parent so indicates; the court shall refer the parent to the authority for
24indigency determinations specified under s. 977.07 (1). In any other situation under
25this section in which a person has a right to be represented by counsel or is provided
1counsel at the discretion of the court, competent and independent counsel shall be
2provided and reimbursed in any manner suitable to the court regardless of the
3person's ability to pay
, except that the court may not order a person who files a
4petition under s. 813.122 or 813.125 to reimburse counsel for the child who is named
5as the respondent in that petition.
AB130-SSA1,35,148
48.24
(1) Except where a citation has been issued under s. 48.17 (2),
9information Information indicating that a child should be referred to the court as
10delinquent, in need of protection or services
or in violation of a civil law or a county,
11town or municipal ordinance shall be referred to the intake worker, who shall
12conduct an intake inquiry on behalf of the court to determine whether the available
13facts establish prima facie jurisdiction and to determine the best interests of the child
14and of the public with regard to any action to be taken.
AB130-SSA1,35,2017
48.24
(2m) (a) 2. Any child alleged to be
delinquent or in need of protection and
18services who has at least 2 prior adjudications for a violation of s. 125.07 (4) (a) or
19(b), 125.085 (3) (b) or 125.09 (2) or a local ordinance that strictly conforms to any of
20those sections.
AB130-SSA1,36,1523
48.24
(5) The intake worker shall recommend that a petition be filed, enter into
24an informal disposition or close the case within 40 days or sooner of receipt of referral
25information. If the case is closed or an informal disposition is entered into, the
1district attorney, corporation counsel or other official under s. 48.09 shall receive
2written notice of such action.
A notice of informal disposition of an alleged
3delinquency case shall include a summary of facts surrounding the allegation and
4a list of prior intake referrals and dispositions. If a law enforcement officer has made
5a recommendation concerning the child, the intake worker shall forward this
6recommendation to the district attorney, corporation counsel or other official under
7s. 48.09. With respect to petitioning a child to be in need of protection or services,
8information received more than 40 days before filing the petition may be included to
9establish a condition or pattern which, together with information received within the
1040-day period, provides a basis for conferring jurisdiction on the court.
11Notwithstanding the requirements of this section, the district attorney may initiate
12a delinquency petition under s. 48.25 within 20 days after notice that the case has
13been closed or that an informal disposition has been made. The judge shall dismiss
14with prejudice any such petition which is not referred or filed within the time limits
15specified within this subsection.
AB130-SSA1,36,2218
48.243
(1) (intro.) Before conferring with the parent or child during the intake
19inquiry, the intake worker shall personally inform
a child alleged to have committed
20a delinquent act, and parents and children 12 years of age or older who are the focus
21of an inquiry regarding the need for protection or services
, that the referral may
22result in a petition to the court and:
AB130-SSA1,37,2
148.243
(1) (b) The nature and possible consequences of the proceedings
2including the provisions of ss. 48.17 and 48.18 if applicable;
AB130-SSA1,37,74
48.243
(1) (c) The right to remain silent and the fact that
in a delinquency
5proceeding the silence of the child shall not be adversely considered by the court or
6jury, although silence of any party may be relevant
in any nondelinquency
7proceeding;
AB130-SSA1,37,129
48.243
(1) (h) The right to have the allegations of the petition proved by clear
10and convincing evidence
unless the child comes within the court's jurisdiction under
11s. 48.12 or 48.13 (12), in which case the standard of proof shall be beyond a reasonable
12doubt.
AB130-SSA1,37,2115
48.245
(1) The intake worker may enter into a written agreement with all
16parties which imposes informal disposition under this section if the intake worker
17has determined that neither the interests of the child nor of the public require filing
18of a petition for circumstances relating to ss.
48.12
48.13 to 48.14. Informal
19disposition shall be available only if the facts persuade the intake worker that the
20jurisdiction of the court, if sought, would exist and upon consent of the child, parent,
21guardian and legal custodian.
AB130-SSA1,38,2
148.245
(2) (b) Informal disposition may not include any form of residential
2placement and may not exceed 6 months
, except as provided under sub. (2m).
AB130-SSA1,38,178
48.245
(7) If at any time during the period of informal disposition the intake
9worker determines that the obligations imposed under it are not being met, the
10intake worker may cancel the informal disposition. Within 10 days after the
11cancellation of the informal disposition, the intake worker shall notify the district
12attorney, corporation counsel or other official under s. 48.09 of the cancellation and
13recommend whether or not a petition should be filed.
In delinquency cases, the
14district attorney may initiate a petition within 20 days after the date of the notice
15regardless of whether the intake worker has recommended that a petition be filed. 16The judge shall dismiss with prejudice any petition which is not filed within the time
17limit specified in this subsection.
AB130-SSA1,38,2319
48.245
(8) If the obligations imposed under the informal disposition are met,
20the intake worker shall so inform the child and a parent, guardian and legal
21custodian in writing, and no petition may be filed
or citation issued on the charges
22that brought about the informal disposition nor may the charges be the sole basis for
23a petition under ss. 48.13 to 48.14.
AB130-SSA1,39,10
148.25
(1) A petition initiating proceedings under this chapter shall be signed
2by a person who has knowledge of the facts alleged or is informed of them and
3believes them to be true.
If a petition under s. 48.12 is to be filed, it shall be prepared,
4signed and filed by the district attorney. The district attorney,
city attorney or 5corporation counsel or other appropriate official specified under s. 48.09 may file the
6petition if the proceeding is under s.
48.125 or 48.13. The counsel or guardian ad
7litem for a parent, relative, guardian or child may file a petition under s. 48.13 or
848.14. The district attorney, corporation counsel or other appropriate person
9designated by the court may initiate proceedings under s. 48.14 in a manner specified
10by the court.
AB130-SSA1, s. 163
11Section
163. 48.25 (2) (a) of the statutes is renumbered 48.25 (2) and amended
12to read:
AB130-SSA1,40,613
48.25
(2) If the proceeding is brought under s.
48.12, 48.125 or 48.13, the
14district attorney, corporation counsel or other appropriate official shall file the
15petition, close the case, or refer the case back to intake within 20 days after the date
16that the intake worker's recommendation was filed. A referral back to intake may
17be made only when the district attorney, corporation counsel or other appropriate
18official decides not to file a petition or determines that further investigation is
19necessary. If the case is referred back to intake upon a decision not to file a petition,
20the intake worker shall close the case or enter into an informal disposition within 20
21days. If the case is referred back to intake for further investigation, the appropriate
22agency or person shall complete the investigation within 20 days. If another referral
23is made to the district attorney, corporation counsel or other appropriate official, it
24shall be considered a new referral to which the time limits of this subsection shall
25apply. The time limits in this subsection may only be extended by a judge upon a
1showing of good cause under s. 48.315. If a petition is not filed within the time
2limitations set forth in this subsection and the court has not granted an extension,
3the petition shall be accompanied by a statement of reasons for the delay. The court
4shall dismiss with prejudice a petition which was not timely filed unless the court
5finds at the plea hearing that good cause has been shown for failure to meet the time
6limitations.
AB130-SSA1,40,139
48.25
(3) If the district attorney,
city attorney or corporation counsel or other
10appropriate official specified in s. 48.09 refuses to file a petition, any person may
11request the judge to order that the petition be filed and a hearing shall be held on the
12request. The judge may order the filing of the petition on his or her own motion. The
13matter may not be heard by the judge who orders the filing of a petition.
AB130-SSA1,40,2318
48.255
(1) (intro.) A petition initiating proceedings under this chapter
other
19than a petition initiating proceedings under s. 48.12 or 48.13 (12), shall be entitled,
20"In the interest of (child's name), a person under the age of 18"
. A petition initiating
21proceedings under s. 48.12 or 48.13 (12) shall be entitled, "In the interest of (child's
22name), a person under the age of 17". A petition initiating proceedings under this
23chapter and shall set forth with specificity:
AB130-SSA1,41,5
148.255
(1) (e) If the child is alleged to come within the provisions of s. 48.13
(1)
2to (11) or 48.14, reliable and credible information which forms the basis of the
3allegations necessary to invoke the jurisdiction of the court and to provide reasonable
4notice of the conduct or circumstances to be considered by the court together with a
5statement that the child is in need of supervision, services, care or rehabilitation.
AB130-SSA1,41,87
48.255
(3) If the information required under sub. (1)
(d) or (e) is not stated the
8petition shall be dismissed or amended under s. 48.263 (2).
AB130-SSA1,41,1210
48.255
(4) A copy of the petition shall be given to the child if the child is 12 years
11of age or older
or alleged to have committed a delinquent act and to the parents,
12guardian, legal custodian and physical custodian.
AB130-SSA1,41,2014
48.263
(2) With reasonable notification to the interested parties and prior to
15the taking of a plea under s. 48.30, the petition may be amended at the discretion of
16the court or person who filed the petition. After the taking of a plea, if the child is
17alleged to be
delinquent, the court may allow amendment of the petition to conform
18to the proof if the amendment is not prejudicial to the child. If the child is alleged
19to be in need of protection or services, the petition may be amended provided any
20objecting party is allowed a continuance for a reasonable time.
AB130-SSA1,42,222
48.27
(1) After a
citation is issued or a petition has been filed relating to facts
23concerning a situation specified under ss.
48.12, 48.125 and 48.13, unless the parties
24under sub. (3) voluntarily appear, the court may issue a summons requiring the
1person who has legal custody of the child to appear personally, and, if the court so
2orders, to bring the child before the court at a time and place stated.
AB130-SSA1,42,96
48.27
(8) When a petition is filed under s.
48.12 or 48.13, the court shall notify,
7in writing, the child's parents or guardian that they may be ordered to reimburse this
8state or the county for the costs of legal counsel provided for the child, as provided
9under s. 48.275 (2).
AB130-SSA1,43,211
48.273
(1) Service of summons or notice required by s. 48.27 may be made by
12mailing a copy thereof to the persons summoned or notified. If the persons
, other
13than a person specified in s. 48.27 (4m), fail to appear at the hearing or otherwise to
14acknowledge service, a continuance shall be granted, except where the court
15determines otherwise because the child is in secure custody, and service shall be
16made personally by delivering to the persons a copy of the summons or notice; except
17that if the court is satisfied that it is impracticable to serve the summons or notice
18personally, it may make an order providing for the service of the summons or notice
19by certified mail addressed to the last-known addresses of the persons. The court
20may refuse to grant a continuance when the child is being held in secure custody, but
21in such a case the court shall order that service of notice of the next hearing be made
22personally or by certified mail to the last-known address of the person who failed to
23appear at the hearing. Personal service shall be made at least 72 hours before the
24time of the hearing. Mail shall be sent at least 7 days before the time of the hearing,
25except where the petition is filed under s. 48.13 and the person to be notified lives
1outside the state, in which case the mail shall be sent at least 14 days before the time
2of the hearing.
AB130-SSA1,43,84
48.273
(3) The expenses of service of summons or notice or of the publication
5of summons or notice and the traveling expenses and fees as allowed in ch. 885
6incurred by any person summoned or required to appear at the hearing of any case
7coming within the jurisdiction of the court under ss.
48.12 48.13 to 48.14, shall be a
8charge on the county when approved by the court.
AB130-SSA1,43,1410
48.275
(1) If the court finds a child to be
delinquent under s. 48.12, in violation
11of a civil law or ordinance under s. 48.125 or in need of protection or services under
12s. 48.13, the court shall order the parents of the child to contribute toward the
13expense of post-adjudication services to the child the proportion of the total amount
14which the court finds the parents are able to pay.
AB130-SSA1,43,2517
48.275
(2) (a) If this state or a county provides legal counsel to a child subject
18to a proceeding under s.
48.12 or 48.13, the court shall order the child's parent to
19reimburse the state or county in accordance with par. (b) or (c). The court may not
20order reimbursement if a parent is the complaining or petitioning party or if the court
21finds that the interests of the parent and the interests of the child in the proceeding
22are substantially and directly adverse and that reimbursement would be unfair to
23the parent. The court may not order reimbursement until the completion of the
24proceeding or until the state or county is no longer providing the child with legal
25counsel in the proceeding.
AB130-SSA1, s. 182
1Section
182. 48.275 (3) of the statutes is repealed and recreated to read:
AB130-SSA1,44,22
48.275
(3) This section does not apply to any proceedings under s. 48.375 (7).
AB130-SSA1,44,144
48.29
(1) Except as provided in sub. (1g), the The child, or the child's parent,
5guardian or legal custodian, either before or during the plea hearing, may file a
6written request with the clerk of the court or other person acting as the clerk for a
7substitution of the judge assigned to the proceeding. Upon filing the written request,
8the filing party shall immediately mail or deliver a copy of the request to the judge
9named therein.
In a proceeding under s. 48.12 or 48.13 (12), only the child may
10request a substitution of the judge. Whenever any person has the right to request
11a substitution of judge, that person's counsel or guardian ad litem may file the
12request. Not more than one such written request may be filed in any one proceeding,
13nor may any single request name more than one judge. This section shall not apply
14to proceedings under s. 48.21.
AB130-SSA1,44,2517
48.29
(1m) When the clerk receives a request for substitution, the clerk shall
18immediately contact the judge whose substitution has been requested for a
19determination of whether the request was made timely and in proper form.
Except
20as provided in sub. (2), if If the request is found to be timely and in proper form, the
21judge named in the request has no further jurisdiction and the clerk shall request
22the assignment of another judge under s. 751.03. If no determination is made within
237 days, the clerk shall refer the matter to the chief judge of the judicial administrative
24district for determination of whether the request was made timely and in proper form
25and reassignment as necessary.
AB130-SSA1,45,63
48.29
(3) Subsections (1) to
(2)
(1m) do not apply in any proceeding under s.
448.375 (7). For proceedings under s. 48.375 (7), the minor may select the judge whom
5she wishes to be assigned to the proceeding and that judge shall be assigned to the
6proceeding.
AB130-SSA1,45,148
48.293
(1) Copies of all
peace law enforcement officer reports, including but not
9limited to the officer's memorandum and witnesses' statements, shall be made
10available upon request to counsel or guardian ad litem prior to a plea hearing. The
11reports shall be available through the representative of the public designated under
12s. 48.09.
The child, through counsel or guardian ad litem, is the only party who shall
13have access to the reports in proceedings under ss. 48.12, 48.125 and 48.13 (12). The
14identity of a confidential informant may be withheld pursuant to s. 905.10.