AB130-SSA1,182,23 21938.067 Powers and duties of intake workers. To carry out the objectives
22and provisions of this chapter but subject to its limitations, intake workers shall do
23all of the following:
AB130-SSA1,182,25 24(1) Provide intake services 24 hours a day, 7 days a week, for the purpose of
25screening juveniles taken into custody and not released under s. 938.20 (2).
AB130-SSA1,183,12
1(2) Interview, unless impossible, any juvenile who is taken into physical
2custody and not released, and where appropriate interview other available
3concerned parties. If the juvenile cannot be interviewed, the intake worker shall
4consult with the juvenile's parent or a responsible adult. No juvenile may be placed
5in a secure detention facility unless the juvenile has been interviewed in person by
6an intake worker, except that if the intake worker is in a place which is distant from
7the place where the juvenile is or the hour is unreasonable, as defined by written
8court intake rules, and if the juvenile meets the criteria under s. 938.208, the intake
9worker, after consulting by telephone with the law enforcement officer who took the
10juvenile into custody, may authorize the secure holding of the juvenile while the
11intake worker is en route to the in-person interview or until 8 a.m. of the morning
12after the night on which the juvenile was taken into custody.
AB130-SSA1,183,14 13(3) Determine whether the juvenile shall be held under s. 938.205 and such
14policies as the judge shall promulgate under s. 938.06 (1) or (2).
AB130-SSA1,183,15 15(4) If the juvenile is not released, determine where the juvenile shall be held.
AB130-SSA1,183,17 16(5) Provide crisis counseling during the intake process when such counseling
17appears to be necessary.
AB130-SSA1,183,20 18(6) Receive referral information, conduct intake inquiries, make
19recommendations as to whether a petition should be filed, and enter into deferred
20prosecution agreements under policies promulgated under s. 938.06 (1) or (2).
AB130-SSA1,183,22 21(6m) Conduct the multidisciplinary screen in counties that have a pilot
22program under s. 938.547.
AB130-SSA1,183,24 23(7) Make referrals of cases to other agencies if their assistance appears to be
24needed or desirable.
AB130-SSA1,184,2
1(8) Make interim recommendations to the court concerning juveniles awaiting
2final disposition under s. 938.355.
AB130-SSA1,184,5 3(9) Perform any other functions ordered by the court, and assist the court or
4chief judge of the judicial administrative district in developing written policies or
5carrying out its other duties when the court or chief judge so requests.
AB130-SSA1,184,9 6938.069 Powers and duties of disposition staff. (1) The staff of the
7department, the court, a county department or a licensed child welfare agency
8designated by the court to carry out the objectives and provisions of this chapter
9shall:
AB130-SSA1,184,1110 (a) Supervise and assist a juvenile under a deferred prosecution agreement, a
11consent decree or an order of the court.
AB130-SSA1,184,1212 (b) Offer individual and family counseling.
AB130-SSA1,184,1513 (c) Make an affirmative effort to obtain necessary or desired services for the
14juvenile and the juvenile's family and investigate and develop resources toward that
15end.
AB130-SSA1,184,1716 (d) Prepare reports for the court recommending a plan of rehabilitation,
17treatment and care.
AB130-SSA1,184,1918 (dj) Provide aftercare services for a juvenile who has been released from a
19secured correctional facility or a secured child caring institution.
AB130-SSA1,184,2120 (e) Perform any other functions consistent with this chapter which are ordered
21by the court.
AB130-SSA1,184,24 22(2) Licensed child welfare agencies and the department shall provide services
23under this section only upon the approval of the agency from whom services are
24requested.
AB130-SSA1,185,3
1(3) A court or county department responsible for disposition staff may agree
2with the court or county department responsible for providing intake services that
3the disposition staff may be designated to provide some or all of the intake services.
AB130-SSA1,185,6 4(4) Disposition staff employed to perform the duties specified in sub. (1) after
5November 18, 1978, shall have the qualifications required under the county merit
6system.
AB130-SSA1,185,10 7938.07 Additional sources of court services. If the county board of
8supervisors has complied with s. 938.06, the court may obtain supplementary
9services for investigating cases and providing supervision of cases from one or more
10of the following sources:
AB130-SSA1,185,16 11(2) Licensed child welfare agency. The court may request the services of a
12child welfare agency licensed under s. 48.60 in accordance with procedures
13established by that agency. The child welfare agency shall receive no compensation
14for these services but may be reimbursed out of funds made available to the court for
15the actual and necessary expenses incurred in the performance of duties for the
16court.
AB130-SSA1,185,24 17(3) County department in populous counties. In counties having a population
18of 500,000 or more, the director of the county department may be ordered by the court
19to provide services for furnishing emergency shelter care to any juvenile whose need
20therefor, either by reason of need of protection and services or delinquency, is
21determined by the intake worker under s. 938.205. The court may authorize the
22director to appoint members of the county department to furnish emergency shelter
23care services for the juvenile. The emergency shelter care may be provided as
24specified in s. 938.207.
AB130-SSA1,186,6
1(4) County departments that provide developmental disabilities, mental
2health or alcohol and other drug abuse services.
Within the limits of available
3state and federal funds and of county funds appropriated to match state funds, the
4court may order county departments established under s. 51.42 or 51.437 to provide
5special treatment or care to a juvenile if special treatment or care has been ordered
6under s. 938.34 (6) and if s. 938.362 (4) applies.
AB130-SSA1,186,13 7938.08 Duties of person furnishing services to court. (1) It is the duty
8of each person appointed to furnish services to the court as provided in ss. 938.06 and
9938.07 to make such investigations and exercise such discretionary powers as the
10judge may direct, to keep a written record of such investigations and to submit a
11report to the judge. The person shall keep informed concerning the conduct and
12condition of the juvenile under the person's supervision and shall report thereon as
13the judge directs.
AB130-SSA1,186,19 14(2) Except as provided in sub. (3), any person authorized to provide or providing
15intake or dispositional services for the court under ss. 938.067 and 938.069 has the
16power of police officers and deputy sheriffs only for the purpose of taking a juvenile
17into physical custody when the juvenile comes voluntarily or is suffering from illness
18or injury or is in immediate danger from his or her surroundings and removal from
19the surroundings is necessary.
AB130-SSA1,186,23 20(3) (a) In addition to the law enforcement authority specified in sub. (2),
21department personnel designated by the department have the power of law
22enforcement authorities to take a juvenile into physical custody under the following
23conditions:
AB130-SSA1,186,2524 1. If they are in prompt pursuit of a juvenile who has run away from a secured
25correctional facility or secured child caring institution.
AB130-SSA1,187,2
12. If the juvenile has failed to return to a secured correctional facility or secured
2child caring institution after any authorized absence.
AB130-SSA1,187,63 (b) A juvenile taken into custody under par. (a) may be returned directly to the
4secured correctional facility or secured child caring institution and shall have a
5hearing regarding placement in a disciplinary cottage or in disciplinary status in
6accordance with ch. 227.
AB130-SSA1,187,8 7938.09 Representation of the interests of the public. The interests of the
8public shall be represented in proceedings under this chapter as follows:
AB130-SSA1,187,9 9(1) By the district attorney, in any matter arising under s. 938.12.
AB130-SSA1,187,15 10(2) By the district attorney or, if designated by the county board of supervisors,
11by the corporation counsel, in any matter concerning a civil law violation arising
12under s. 938.125. If the county board transfers this authority to or from the district
13attorney on or after May 11, 1990, the board may do so only if the action is effective
14on September 1 of an odd-numbered year and the board notifies the department of
15administration of that change by January 1 of that odd-numbered year.
AB130-SSA1,187,17 16(3) By the city, village or town attorney, in any matter concerning a city, village
17or town ordinance violation, respectively, arising under s. 938.125.
AB130-SSA1,187,19 18(4) By any appropriate person designated by the county board of supervisors
19in any matter concerning a noncity ordinance violation arising under s. 938.125.
AB130-SSA1,187,25 20(5) By the district attorney or, if designated by the county board of supervisors,
21by the corporation counsel, in any matter arising under s. 938.13. If the county board
22transfers this authority to or from the district attorney on or after May 11, 1990, the
23board may do so only if the action is effective on September 1 of an odd-numbered
24year and the board notifies the department of administration of that change by
25January 1 of that odd-numbered year.
AB130-SSA1,188,2
1(6) By any appropriate person designated by the county board of supervisors
2in any matter arising under s. 938.14.
AB130-SSA1,188,7 3938.10 Power of the judge to act as intake worker. The duties of the intake
4worker may be carried out from time to time by the judge at his or her discretion, but
5if a recommendation to file a petition is made, a citation is issued or a deferred
6prosecution agreement is entered into, the judge shall be disqualified from
7participating further in the proceedings.
AB130-SSA1,188,98 SUBCHAPTER III
9 JURISDICTION
AB130-SSA1,188,12 10938.12 Jurisdiction over juveniles alleged to be delinquent. (1) The
11court has exclusive jurisdiction, except as provided in ss. 938.17, 938.18 and 938.183,
12over any juvenile 10 years of age or over who is alleged to be delinquent.
AB130-SSA1,188,16 13(2) If a court proceeding has been commenced under this section before a
14juvenile is 17 years of age, but the juvenile becomes 17 years of age before admitting
15the facts of the petition at the plea hearing or if the juvenile denies the facts, before
16an adjudication, the court retains jurisdiction over the case.
AB130-SSA1,188,20 17938.125 Jurisdiction over juveniles alleged to have violated civil laws
18or ordinances.
The court has exclusive jurisdiction over any juvenile alleged to
19have violated a law punishable by forfeiture or a county, town or other municipal
20ordinance, except as follows:
AB130-SSA1,188,21 21(1) As provided under s. 938.17.
AB130-SSA1,189,2 22(2) That the court has exclusive jurisdiction over any juvenile alleged to have
23violated an ordinance enacted under s. 118.163 (2) only if evidence is provided by the
24school attendance officer that the activities under s. 118.16 (5) have been completed

1or were not completed due to the child's absence from school as provided in s. 118.16
2(5m).
AB130-SSA1,189,5 3938.13 Jurisdiction over juveniles alleged to be in need of protection
4or services.
The court has exclusive original jurisdiction over a juvenile alleged to
5be in need of protection or services which can be ordered by the court, and:
AB130-SSA1,189,7 6(4) Whose parent or guardian signs the petition requesting jurisdiction and
7states that he or she is unable to control the juvenile.
AB130-SSA1,189,11 8(6) Who is habitually truant from school, if evidence is provided by the school
9attendance officer that the activities under s. 118.16 (5) have been completed or were
10not completed due to the child's absence from school as provided in s. 118.16 (5m),
11except as provided under s. 938.17 (2).
AB130-SSA1,189,12 12(6m) Who is a school dropout, as defined in s. 118.153 (1) (b).
AB130-SSA1,189,16 13(7) Who is habitually truant from home and either the juvenile or a parent,
14guardian or a relative in whose home the juvenile resides signs the petition
15requesting jurisdiction and attests in court that reconciliation efforts have been
16attempted and have failed.
AB130-SSA1,189,18 17(12) Who, being under 10 years of age, has committed a delinquent act as
18defined in s. 938.12.
AB130-SSA1,189,21 19(14) Who has been determined, under s. 938.30 (5) (c), to be not responsible for
20a delinquent act by reason of mental disease or defect or who has been determined,
21under s. 938.30 (5) (d), to be not competent to proceed.
AB130-SSA1,189,25 22938.135 Referral of juveniles to proceedings under ch. 51 or 55. (1) If
23a juvenile alleged to be delinquent or in need of protection or services is before the
24court and it appears that the juvenile is developmentally disabled, mentally ill or
25drug dependent or suffers from alcoholism, the court may proceed under ch. 51 or 55.
AB130-SSA1,190,3
1(2) Any voluntary or involuntary admissions, placements or commitments of
2a juvenile made in or to an inpatient facility, as defined in s. 51.01 (10), other than
3a commitment under s. 938.34 (6) (am) shall be governed by ch. 51 or 55.
AB130-SSA1,190,6 4938.14 Jurisdiction over interstate compact proceedings. The court has
5exclusive jurisdiction over proceedings under the interstate compact for juveniles
6under s. 938.991.
AB130-SSA1,190,14 7938.15 Jurisdiction of other courts to determine legal custody. Nothing
8contained in s. 938.12, 938.13 or 938.14 deprives other courts of the right to
9determine the legal custody of juveniles by habeas corpus or to determine the legal
10custody or guardianship of juveniles if the legal custody or guardianship is incidental
11to the determination of causes pending in the other courts. But the jurisdiction of
12the court assigned to exercise jurisdiction under this chapter and ch. 48 is paramount
13in all cases involving juveniles alleged to come within the provisions of ss. 938.12 to
14938.14.
AB130-SSA1,191,3 15938.17 Jurisdiction over traffic, boating, snowmobile and all-terrain
16vehicle violations and over civil law and ordinance violations. (1)
Traffic,
17boating, snowmobile and all-terrain vehicle violations.
Except for ss. 342.06 (2)
18and 344.48 (1), and ss. 30.67 (1) and 346.67 when death or injury occurs, courts of
19criminal and civil jurisdiction shall have exclusive jurisdiction in proceedings
20against juveniles 16 or older for violations of s. 23.33, of ss. 30.50 to 30.80, of chs. 341
21to 351, and of traffic regulations as defined in s. 345.20 and nonmoving traffic
22violations as defined in s. 345.28 (1). A juvenile charged with a traffic, boating,
23snowmobile or all-terrain vehicle offense in a court of criminal or civil jurisdiction
24shall be treated as an adult before the trial of the proceeding except that the juvenile
25may be held in secure custody only in a secure detention facility. A juvenile convicted

1of a traffic, boating, snowmobile or all-terrain vehicle offense in a court of criminal
2or civil jurisdiction shall be treated as an adult for sentencing purposes except as
3follows:
AB130-SSA1,191,54 (a) The court may disregard any minimum period of incarceration specified for
5the offense.
AB130-SSA1,191,86 (b) If the court orders the juvenile to serve a period of incarceration of less than
76 months, the juvenile may serve that period of incarceration only in a secure
8detention facility.
AB130-SSA1,191,139 (c) If the court of civil or criminal jurisdiction orders the juvenile to serve a
10period of incarceration of 6 months or more, that court shall petition the court
11assigned to exercise jurisdiction under this chapter and ch. 48 to order one or more
12of the dispositions provided in s. 938.34, including placement of the juvenile in a
13secured correctional facility under s. 938.34 (4m), if appropriate.
AB130-SSA1,191,24 14(2) Civil law and ordinance violations. (a) 1. Except as provided in sub. (1),
15municipal courts have concurrent jurisdiction with the court assigned to exercise
16jurisdiction under this chapter and ch. 48 in proceedings against juveniles aged 10
17or older for violations of county, town or other municipal ordinances. If evidence is
18provided by the school attendance officer that the activities under s. 118.16 (5) have
19been completed or were not completed due to the juvenile's absence from school as
20provided in s. 118.16 (5m), the municipal court specified in subd. 2. may exercise
21jurisdiction in proceedings against a juvenile for a violation of an ordinance enacted
22under s. 118.163 (2) regardless of the juvenile's age and regardless of whether the
23court assigned to exercise jurisdiction under this chapter and ch. 48 has jurisdiction
24under s. 938.13 (6).
AB130-SSA1,192,2
12. a. In this subdivision, "administrative center" means the main
2administrative offices of a school district.
AB130-SSA1,192,63 b. The municipal court that may exercise jurisdiction under subd. 1. is the
4municipal court that is located in the same municipality as the administrative center
5of the school district in which the juvenile is enrolled, if that municipality has
6adopted an ordinance under s. 118.163.
AB130-SSA1,192,117 c. If the municipality specified under subd. 2. b. has not adopted an ordinance
8under s. 118.163, the municipal court that may exercise jurisdiction under subd. 1.
9is the municipal court that is located in the municipality where the school in which
10the juvenile is enrolled is located, if that municipality has adopted an ordinance
11under s. 118.163.
AB130-SSA1,192,1512 d. If the municipality specified under subd. 2. c. has not adopted an ordinance
13under s. 118.163, the municipal court that may exercise jurisdiction under subd. 1.
14is the municipal court that is located in the municipality where the juvenile resides,
15if that municipality has adopted an ordinance under s. 118.163.
AB130-SSA1,192,1716 3. When a juvenile is alleged to have violated a municipal ordinance, the
17juvenile may be:
AB130-SSA1,192,1918 a. Issued a citation directing the juvenile to appear in municipal court or make
19a deposit or stipulation and deposit in lieu of appearance;
AB130-SSA1,192,2220 b. Issued a citation directing the juvenile to appear in the court assigned to
21exercise jurisdiction under this chapter and ch. 48 or make a deposit or stipulation
22and deposit in lieu of appearance as provided in s. 938.237; or
AB130-SSA1,192,2523 c. Referred to intake for a determination whether a petition should be filed in
24the court assigned to exercise jurisdiction under this chapter and ch. 48 pursuant to
25s. 938.125.
AB130-SSA1,193,4
1(b) When a juvenile 10 years of age or older is alleged to have violated a civil
2law punishable by a forfeiture or where a juvenile is alleged to have violated a
3municipal ordinance but there is no municipal court in the municipality, the juvenile
4may be:
AB130-SSA1,193,75 1. Issued a citation directing the juvenile to appear in the court assigned to
6exercise jurisdiction under this chapter and ch. 48 or make a deposit or stipulation
7and deposit in lieu of appearance as provided in s. 938.237; or
AB130-SSA1,193,108 2. Referred to intake for a determination whether a petition should be filed in
9the court assigned to exercise jurisdiction under this chapter and ch. 48 pursuant to
10s. 938.125.
AB130-SSA1,193,2211 (c) The citation procedures described in ch. 800 shall govern proceedings
12involving juveniles in municipal court, except that this chapter shall govern the
13taking and holding of a juvenile in custody and par. (cg) shall govern the issuing of
14a summons to the juvenile's parent, guardian or legal custodian. When a juvenile is
15before the court assigned to exercise jurisdiction under this chapter and ch. 48 upon
16a citation alleging the juvenile to have violated a civil law or municipal ordinance,
17the procedures specified in s. 938.237 shall apply. If a citation is issued to a juvenile,
18the issuing agency shall notify the juvenile's parent, guardian and legal custodian
19within 7 days. The agency issuing a citation to a juvenile who is 10 to 15 years of age
20for a violation of s. 125.07 (4) (a) or (b), 125.085 (3) (b), 125.09 (2), 161.573 (2), 161.574
21(2) or 161.575 (2) or an ordinance conforming to one of those statutes shall send a copy
22to an intake worker under s. 938.24 for informational purposes only.
AB130-SSA1,194,1123 (cg) After a citation is issued, unless the juvenile and his or her parent,
24guardian and legal custodian voluntarily appear, the municipal court may issue a
25summons requiring the parent, guardian and legal custodian of the juvenile to

1appear personally at any hearing involving the juvenile and, if the court so orders,
2to bring the juvenile before the court at a time and place stated. Section 938.273 shall
3govern the service of a summons under this paragraph, except that the expense of
4service or publication of a summons and of the travelling expenses and fees as
5allowed in ch. 885 of a person summoned shall be a charge on the municipality of the
6court issuing the summons when approved by the court. If any person summoned
7under this paragraph fails without reasonable cause to appear, he or she may be
8proceeded against for contempt of court under s. 785.06. If a summons cannot be
9served or if the person served fails to obey the summons or if it appears to the court
10that the service will be ineffectual, a capias may be issued for the juvenile and for the
11parent, guardian and legal custodian.
AB130-SSA1,194,1612 (cm) A city, village or town may adopt an ordinance or bylaw specifying which
13of the dispositions under ss. 938.343 and 938.344 and sanctions under s. 938.355 (6)
14(d) 2. or 4. the municipal court of that city, village or town is authorized to impose.
15The use by the court of those dispositions and sanctions is subject to any ordinance
16or bylaw adopted under this paragraph.
AB130-SSA1,195,617 (d) If a municipal court finds that the juvenile violated a municipal ordinance
18other than an ordinance enacted under s. 118.163 or an ordinance that conforms to
19s. 125.07 (4) (a) or (b), 125.085 (3) (b), 125.09 (2), 161.573 (2), 161.574 (2) or 161.575
20(2), the court shall enter any of the dispositional orders permitted under s. 938.343
21that are authorized under par. (cm). If a juvenile fails to pay the forfeiture imposed
22by the municipal court, the court may not impose a jail sentence but may suspend
23any license issued under ch. 29 for not less than 30 days nor more than 5 years, or
24suspend the juvenile's operating privilege, as defined in s. 340.01 (40), for not less
25than 30 days nor more than 5 years. If a court suspends a license or privilege under

1this section, the court shall immediately take possession of the applicable license and
2forward it to the department that issued the license, together with the notice of
3suspension clearly stating that the suspension is for failure to pay a forfeiture
4imposed by the court. If the forfeiture is paid during the period of suspension, the
5court shall immediately notify the department, which shall thereupon return the
6license to the person.
AB130-SSA1,195,107 (e) If a municipal court finds that a juvenile violated a municipal ordinance that
8conforms to s. 125.07 (4) (a) or (b), 125.085 (3) (b), 125.09 (2), 161.573 (2), 161.574 (2)
9or 161.575 (2), the court shall enter a dispositional order under s. 938.344 that is
10authorized under par. (cm).
AB130-SSA1,195,1411 (f) If the act the juvenile committed resulted in personal injury or damage to
12or loss of the property of another, the municipal court shall, to the extent possible,
13provide each known victim of the act with the information contained in the notice
14required under s. 938.346.
AB130-SSA1,195,1715 (g) If a municipal court finds that a juvenile violated a municipal ordinance
16enacted under s. 118.163 (2), it shall enter a dispositional order under s. 938.342 (1)
17that is consistent with the municipal ordinance.
AB130-SSA1,196,318 (h) 1. If a juvenile who has violated a municipal ordinance violates a condition
19of his or her dispositional order, the municipal court may impose on the juvenile any
20of the sanctions specified in s. 938.355 (6) (d) 2. or 4. that are authorized under par.
21(cm) or may petition the court assigned to exercise jurisdiction under this chapter
22and ch. 48 to impose on the juvenile the sanctions specified in s. 938.355 (6) (d) 1. or
233. that are authorized under par. (cm) if at the time of judgment the court explained
24the conditions to the juvenile and informed the juvenile of the possible sanctions
25under s. 938.355 (6) (d) that are authorized under par. (cm) for a violation or if before

1the violation the juvenile has acknowledged in writing that he or she has read, or has
2had read to him or her, those conditions and possible sanctions and that he or she
3understands those conditions and possible sanctions.
AB130-SSA1,196,84 2. A motion requesting the municipal court to impose or petition for a sanction
5may be brought by the person or agency primarily responsible for the provision of
6dispositional services, the municipal attorney or the court that entered the
7dispositional order. Notice of the motion shall be given to the juvenile and the
8juvenile's parent, guardian or legal custodian.
AB130-SSA1,196,109 3. Before imposing any sanction, the court shall hold a hearing, at which the
10juvenile may present evidence.
AB130-SSA1,196,15 11(3) Safety at sporting events. Notwithstanding sub. (2), courts of criminal or
12civil jurisdiction have exclusive jurisdiction in proceedings against juveniles under
13s. 167.32 or under a local ordinance strictly conforming to s. 167.32. A juvenile
14convicted of a violation under s. 167.32 or under a local ordinance strictly conforming
15to s. 167.32 shall be treated as an adult for sentencing purposes.
AB130-SSA1,196,19 16938.18 Jurisdiction for criminal proceedings for juveniles 14 or older;
17waiver hearing. (1)
(a) Subject to s. 938.183, a juvenile or district attorney may
18apply to the court to waive its jurisdiction under this chapter in any of the following
19situations:
AB130-SSA1,196,2220 1. If the juvenile is alleged to have violated s. 161.41 (1), 940.03, 940.06, 940.225
21(1) or (2), 940.305, 940.31, 943.10 (2) or 943.32 (2) on or after the juvenile's 14th
22birthday.
AB130-SSA1,197,223 2. If the juvenile is alleged to have committed, on or after the juvenile's 14th
24birthday, a violation, at the request of or for the benefit of a criminal gang, as defined

1in s. 939.22 (9), that would constitute a felony under ch. 161 or under chs. 939 to 948
2if committed by an adult.
AB130-SSA1,197,43 3. If the juvenile is alleged to have violated any state criminal law on or after
4the juvenile's 15th birthday.
AB130-SSA1,197,75 (b) The judge may also initiate a petition for waiver in any of the situations
6described in par. (a) if the judge disqualifies himself or herself from any future
7proceedings on the case.
AB130-SSA1,197,14 8(2) The waiver hearing shall be brought on by filing a petition alleging
9delinquency drafted under s. 938.255 and a petition for waiver of jurisdiction which
10shall contain a brief statement of the facts supporting the request for waiver. The
11petition for waiver of jurisdiction shall be filed prior to the plea hearing, except that
12if the juvenile denies the facts of the petition and becomes 17 years of age before an
13adjudication, the petition for waiver of jurisdiction may be filed at any time prior to
14the adjudication.
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