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:
AB130-SSA1,51,2119
(a) Address the parties present including the child personally and determine
20that the plea or admission is made voluntarily with understanding of the nature of
21the acts alleged in the petition
or citation and the potential dispositions.
AB130-SSA1,51,2522
(b) Establish whether any promises or threats were made to elicit
a plea the
23plea or admission and alert unrepresented parties to the possibility that a lawyer
24may discover defenses or mitigating circumstances which would not be apparent to
25them.
AB130-SSA1,52,2
1(c) Make such inquiries as satisfactorily establishes that there is a factual basis
2for the
child's plea or parent parent's and child's
plea or admission.
AB130-SSA1,52,74
48.30
(9) If a court commissioner conducts the plea hearing and accepts an
5admission of the alleged facts in a petition brought under s.
48.12 or 48.13, the judge
6shall review the admission at the beginning of the dispositional hearing by
7addressing the parties and making the inquires set forth in sub. (8).
AB130-SSA1,52,119
48.30
(10) The court may permit any party to participate in hearings under this
10section by telephone or live audio-visual means
except a child who intends to admit
11the facts of a delinquency petition.
AB130-SSA1,52,1713
48.31
(1) In this section, "fact-finding hearing" means
a hearing to determine
14if the allegations of a petition under s. 48.12 or 48.13 (12) are supported beyond a
15reasonable doubt or a hearing to determine if the allegations in a petition
or citation 16under s.
48.125 or 48.13
(1) to (11) or a petition to terminate parental rights are
17proved by clear and convincing evidence.
AB130-SSA1,53,519
48.31
(2) The hearing shall be to the court unless the child, parent, guardian
20or legal custodian exercises the right to a jury trial by demanding a jury trial at any
21time before or during the plea hearing. Chapters 756 and 805 shall govern the
22selection of jurors
except that ss. 972.03 and 972.04 shall apply in cases in which the
23juvenile is alleged to be delinquent under s. 48.12. If the hearing involves a child
24victim or witness, as defined in s. 950.02, the court may order the taking and allow
25the use of a videotaped deposition under s. 967.04 (7) to (10) and, with the district
1attorney, shall comply with s. 971.105. At the conclusion of the hearing, the court or
2jury shall make a determination of the facts. If the court finds that the child is not
3within the jurisdiction of the court or the court or jury finds that the facts alleged in
4the petition
or citation have not been proved, the court shall dismiss the petition
or
5citation with prejudice.
AB130-SSA1,53,257
48.31
(4) The court or jury shall make findings of fact and the court shall make
8conclusions of law relating to the allegations of a petition filed under s. 48.13
(1) to
9(11m). In cases alleging a child to be in need of protection or services under s. 48.13
10(11), the court shall not find that the child is suffering serious emotional damage
11unless a licensed physician specializing in psychiatry or a licensed psychologist
12appointed by the court to examine the child has testified at the hearing that in his
13or her opinion the condition exists, and adequate opportunity for the
14cross-examination of the physician or psychologist has been afforded. The judge
15may use the written reports if the right to have testimony presented is voluntarily,
16knowingly and intelligently waived by the guardian ad litem or legal counsel for the
17child and the parent or guardian. In cases alleging a child to be in need of protection
18and services under s. 48.13 (11m), the court shall not find that the child is in need
19of treatment and education for needs and problems related to the use or abuse of
20alcohol beverages or controlled substances and its medical, personal, family or social
21effects unless an assessment for alcohol and other drug abuse that conforms to the
22criteria specified under s. 48.547 (4) has been conducted by an approved treatment
23facility.
In cases alleging a child delinquent or in need of protection or services under
24s. 48.13 (12) the court shall make findings relating to the proof of the violation of law
25and to the proof that the child named in the petition committed the violation alleged.
AB130-SSA1,54,132
48.32
(1) At any time after the filing of a petition for a proceeding relating to
3s.
48.12 or 48.13 and before the entry of judgment, the judge or juvenile court
4commissioner may suspend the proceedings and place the child under supervision
5in the child's own home or present placement. The court may establish terms and
6conditions applicable to the parent, guardian or legal custodian, and to the child
,
7including any conditions specified in subs. (1d), (1g) and (1t). The order under this
8section shall be known as a consent decree and must be agreed to by the child if 12
9years of age or older; the parent, guardian or legal custodian; and the person filing
10the petition under s. 48.25.
If the consent decree includes any conditions specified
11in sub. (1g), the consent decree shall include provisions for payment of the services
12as specified in s. 48.361. The consent decree shall be reduced to writing and given
13to the parties.
AB130-SSA1,54,2321
48.32
(2) (a)
Except as provided in par. (b), a A consent decree shall remain in
22effect up to 6 months unless the child, parent, guardian or legal custodian is
23discharged sooner by the judge or juvenile court commissioner.
AB130-SSA1,55,52
48.32
(5) (a) The court refuses to enter into a consent decree and the allegations
3in the petition remain to be decided in a hearing where
the child denies the
4allegations of delinquency or one of the parties denies the allegations forming the
5basis for a child in need of protection or services petition; or
AB130-SSA1,55,87
48.32
(5) (b) A consent decree is granted but the petition under s.
48.12 or 48.13
8is subsequently reinstated.
AB130-SSA1,55,1411
48.33
(1) Report required. (intro.) Before the disposition of a child adjudged
12to be
delinquent or in need of protection or services the court shall designate an
13agency, as defined in s. 48.38 (1) (a), to submit a report which shall contain all of the
14following:
AB130-SSA1, s. 228
15Section
228. 48.33 (3) of the statutes, as affected by 1993 Wisconsin Acts 385
16and 481, is repealed.
AB130-SSA1,55,2420
48.33
(4m) Support recommendations; information to parents. (intro.) In
21making a recommendation for an amount of child support under sub.
(3) or (4), the
22agency shall consider the factors that the court considers under s. 46.10 (14) (c) for
23deviation from the percentage standard. Prior to the dispositional hearing under s.
2448.335, the agency shall provide the child's parent with all of the following:
AB130-SSA1,56,84
48.335
(1) The court shall conduct a hearing to determine the disposition of a
5case in which a child is adjudged
to be delinquent under s. 48.12, to have violated a
6civil law or ordinance under s. 48.125 or to be in need of protection or services under
7s. 48.13
, except the court shall proceed as provided by s. 48.237 (2) if a citation is
8issued and the child fails to contest the citation.
AB130-SSA1, s. 234
10Section
234. 48.34 (intro.) of the statutes, as affected by 1995 Wisconsin Acts
1122 and 24, is repealed.
AB130-SSA1,56,1915
48.345
(2) Place the child under supervision of an agency, the department
of
16corrections, if the department
of corrections approves, or a suitable adult, including
17a friend of the child, under conditions prescribed by the judge including reasonable
18rules for the child's conduct, designed for the physical, mental and moral well-being
19and behavior of the child.
AB130-SSA1,57,422
48.345
(2m) Place the child in the child's home under the supervision of an
23agency
, or the department
of health and social services, if the child is in need of
24protection or services and that, if the department approves,
or the department of
25corrections, if the child is delinquent and that department approves, and order the
1agency or department to provide specified services to the child and the child's family,
2which may include but are not limited to individual, family or group counseling,
3homemaker or parent aide services, respite care, housing assistance, day care or
4parent skills training.
AB130-SSA1, s. 257
8Section
257. 48.34 (10) (title) of the statutes is renumbered 48.345 (10) (title).
