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.
AB130-SSA1,46,216
48.293
(2) All records relating to a child which are relevant to the subject
17matter of a proceeding under this chapter shall be open to inspection by a guardian
18ad litem or counsel for any party, upon demand and upon presentation of releases
19where necessary, at least 48 hours before the proceeding. Persons entitled to inspect
20the records may obtain copies of the records with the permission of the custodian of
21the records or with permission of the court. The court may instruct counsel not to
22disclose specified items in the materials to the child or the parent if the court
23reasonably believes that the disclosure would be harmful to the interests of the child.
24Sections 971.23 to 971.25 and 972.11 (5) shall be applicable in all delinquency
1proceedings under this chapter except the court shall establish the timetable for ss.
2971.23 (3), (8) and (9) and 972.11 (5).
AB130-SSA1, s. 190
3Section
190. 48.295 (1c) (intro.) and (a) of the statutes are consolidated,
4renumbered 48.295 (1c) and amended to read:
AB130-SSA1,46,95
48.295
(1c) Reasonable cause is considered to exist to warrant an alcohol and
6other drug abuse assessment under sub. (1) if
any of the following applies: (a) The 7the multidisciplinary screen procedure conducted under s. 48.24 (2) indicates that
8the child is at risk of having needs and problems related to alcohol or other drug
9abuse.
AB130-SSA1, s. 194
13Section
194. 48.295 (2) (b) of the statutes is renumbered 48.295 (2) and
14amended to read:
AB130-SSA1,47,815
48.295
(2) The examiner shall file a report of the examination with the court
16by the date specified in the order. The court shall cause copies to be transmitted to
17the district attorney or corporation counsel and to the child's counsel. The report
18shall describe the nature of the examination and identify the persons interviewed,
19the particular records reviewed and any tests administered to the child.
If the
20examination is ordered following a plea under s. 48.30 (4) (c), the report shall also
21contain an opinion regarding whether the child suffered from mental disease or
22defect at the time of the commission of the act alleged in the petition and, if so,
23whether this caused the child to lack substantial capacity to appreciate the
24wrongfulness of his or her conduct or to conform his or her conduct to the
25requirements of law. If the examination is ordered following a finding that there is
1probable cause to believe that the child has committed the alleged offense and that
2there is reason to doubt the child's competency to proceed, the report shall also
3contain an opinion regarding the child's present mental capacity to understand the
4proceedings and assist in his or her defense and, if the examiner reports that the
5child lacks competency to proceed, the examiner's opinion regarding the likelihood
6that the child, if provided treatment, may be restored to competency within the time
7specified in s. 48.30 (5) (e) 1. The report shall also state in reasonable detail the facts
8and reasoning upon which the examiner's opinions are based.
AB130-SSA1,47,1611
48.297
(2) Defenses and objections based on defects in the institution of
12proceedings, lack of probable cause on the face of the petition, insufficiency of the
13petition
or a citation or invalidity in whole or in part of the statute on which the
14petition
or a citation is founded shall be raised not later than 10 days after the plea
15hearing or be deemed waived. Other motions capable of determination without trial
16may be brought any time before trial.
AB130-SSA1,47,2318
48.297
(3) Motions to suppress evidence as having been illegally seized or
19statements illegally obtained shall be made before fact-finding on the issues. The
20court may entertain the motion at the fact-finding hearing if it appears that a party
21is surprised by the attempt to introduce such evidence and that party waives
22jeopardy.
Only the child may waive jeopardy in cases under s. 48.12, 48.125 or 48.13
23(12).
AB130-SSA1,48,4
148.297
(5) If the child is in custody and the court grants a motion to dismiss
2based upon a defect in the petition
or a citation or in the institution of the
3proceedings, the court may order the child continued in custody for not more than 48
4hours pending the filing of a new petition
or citation.
AB130-SSA1,48,176
48.299
(1) (a) The general public shall be excluded from hearings under this
7chapter and from hearings by courts exercising jurisdiction under s. 48.16
or 48.17
8(2) unless a public fact-finding hearing is demanded by a child through his or her
9counsel. However, the court shall refuse to grant the public hearing
if the victim of
10an alleged sexual assault objects or, in a
nondelinquency proceeding other than a
11proceeding under s. 48.375 (7), if a parent or guardian objects. All hearings under
12s. 48.375 (7) shall be held in chambers, unless a public fact-finding hearing is
13demanded by the child through her counsel. If a public hearing is not held, only the
14parties, their counsel, witnesses and other persons requested by a party and
15approved by the court may be present. Except in a proceeding under s. 48.375 (7),
16any other person the court finds to have a proper interest in the case or in the work
17of the court, including a member of the bar, may be admitted by the court.
AB130-SSA1,48,2220
48.299
(4) (a) Chapters 901 to 911 shall govern the presentation of evidence at
21the fact-finding hearings under ss. 48.31 and 48.42.
Section 972.11 (5) applies at
22fact-finding proceedings in all delinquency proceedings under this chapter.
AB130-SSA1,49,1224
48.299
(4) (b) Except as provided in s. 901.05, neither common law nor
25statutory rules of evidence are binding at
a waiver hearing under s. 48.18, a hearing
1for a child held in custody under s. 48.21, a runaway home hearing under s. 48.227
2(4),
a hearing under s. 48.296 (4) for a child who is alleged to have violated s. 940.225,
3948.02, 948.025, 948.05 or 948.06, a dispositional hearing, or a hearing about
4changes in placement, revision of dispositional orders or extension of dispositional
5orders. At those hearings, the court shall admit all testimony having reasonable
6probative value, but shall exclude immaterial, irrelevant or unduly repetitious
7testimony or evidence that is inadmissible under s. 901.05. Hearsay evidence may
8be admitted if it has demonstrable circumstantial guarantees of trustworthiness.
9The court shall give effect to the rules of privilege recognized by law. The court shall
10apply the basic principles of relevancy, materiality and probative value to proof of all
11questions of fact. Objections to evidentiary offers and offers of proof of evidence not
12admitted may be made and shall be noted in the record.
AB130-SSA1,49,2414
48.30
(1) Except as provided in this subsection, the hearing
to determine the
15child's plea to a citation or a petition under s. 48.12, 48.125 or 48.13 (12), or to
16determine whether any party wishes to contest an allegation that the child is in need
17of protection or services
, shall take place on a date which allows reasonable time for
18the parties to prepare but is within 30 days after the filing of a petition
or issuance
19of a citation for a child who is not being held in secure custody or within 10 days after
20the filing of a petition
or issuance of a citation for a child who is being held in secure
21custody.
In a municipal court operated jointly by 2 or more cities, towns or villages
22under s. 755.01 (4), the hearing to determine the child's plea shall take place within
2345 days after the filing of a petition or issuance of a citation for a child who is not being
24held in secure custody.
AB130-SSA1,50,10
148.30
(2) At the commencement of the hearing under this section the child and
2the parent, guardian or legal custodian shall be advised of their rights as specified
3in s. 48.243 and shall be informed that a request for a jury trial or for a substitution
4of judge under s. 48.29 must be made before the end of the plea hearing or be waived
,
5except where the child is before the court on a uniform municipal citation, issued
6under ch. 800 in which case the court shall inform the child that a request for a jury
7trial may be made at any time prior to the fact-finding hearing and within 20 days
8after the plea hearing. Nonpetitioning parties, including the child, shall be granted
9a continuance of the plea hearing if they wish to consult with an attorney on the
10request for a jury trial or substitution of a judge.
AB130-SSA1,50,1512
48.30
(3) If a petition alleges that a child is in need of protection or services
13under s. 48.13
(1) to (11), the nonpetitioning parties and the child, if he or she is 12
14years of age or older or is otherwise competent to do so, shall state whether they
15desire to contest the petition.
AB130-SSA1,51,819
48.30
(6) If a petition is not contested, the court shall set a date for the
20dispositional hearing which allows reasonable time for the parties to prepare but is
21no more than 10 days from the plea hearing for the child who is held in secure custody
22and no more than 30 days from the plea hearing for a child who is not held in secure
23custody. If it appears to the court that disposition of the case may include placement
24of the child outside the child's home, the court shall order the child's parent to provide
25a statement of income, assets, debts and living expenses to the court or the
1designated agency under s. 48.33 (1) at least 5 days before the scheduled date of the
2dispositional hearing or as otherwise ordered by the court. The clerk of court shall
3provide, without charge, to any parent ordered to provide a statement of income,
4assets, debts and living expenses a document setting forth the percentage standard
5established by the department under s. 46.25 (9) and listing the factors that a court
6may consider under s. 46.10 (14) (c). If all parties consent the court may proceed
7immediately with the dispositional hearing.
If a citation is not contested, the court
8may proceed immediately to enter a dispositional order.
AB130-SSA1,51,1410
48.30
(7) If the
citation or the petition is contested, the court shall set a date
11for the fact-finding hearing which allows reasonable time for the parties to prepare
12but is no more than 20 days from the plea hearing for a child who is held in secure
13custody and no more than 30 days from the plea hearing for a child who is not held
14in secure custody.
AB130-SSA1,51,1816
48.30
(8) Except when a child fails to appear in response or stipulates to a
17citation before Before accepting an admission or plea of no contest of the alleged facts
18in a petition
or citation, the court shall: