AB130-SSA1,211,1717 (k) A facility under s. 48.58.
AB130-SSA1,211,22 18(2) If a facility listed in sub. (1) (b) to (k) is used to hold juveniles in custody,
19or if supervisory services of a home detention program are provided to juveniles held
20under sub. (1) (a), its authorized rate shall be paid by the county for the care of the
21juvenile. If no authorized rate has been established, a reasonable sum to be fixed by
22the court shall be paid by the county for the supervision or care of the juvenile.
AB130-SSA1,211,25 23938.208 Criteria for holding a juvenile in a secure detention facility.
24A juvenile may be held in a secure detention facility if the intake worker determines
25that one of the following conditions applies:
AB130-SSA1,212,8
1(1) Probable cause exists to believe that the juvenile has committed a
2delinquent act and either presents a substantial risk of physical harm to another
3person or a substantial risk of running away so as to be unavailable for a court
4hearing or a revocation hearing for juveniles on aftercare supervision. For juveniles
5on aftercare supervision, the delinquent act referred to in this section may be the act
6for which the juvenile was adjudged delinquent. If the intake worker determines
7that any of the following conditions applies, the juvenile is considered to present a
8substantial risk of physical harm to another person:
AB130-SSA1,212,139 (a) Probable cause exists to believe that the juvenile has committed a
10delinquent act that would be a felony under s. 940.01, 940.02, 940.03, 940.05, 940.19
11(2) to (6), 940.21, 940.225 (1), 940.31, 941.20 (3), 943.02 (1), 943.23 (1g), (1m) or (1r),
12943.32 (2), 947.013 (1t), (1v) or (1x), 948.02 (1) or (2), 948.025 or 948.03 if committed
13by an adult.
AB130-SSA1,212,1814 (b) Probable cause exists to believe that the juvenile possessed, used or
15threatened to use a handgun, as defined in s. 175.35 (1) (b), short-barreled rifle, as
16defined in s. 941.28 (1) (b), or short-barreled shotgun, as defined in s. 941.28 (1) (c),
17while committing a delinquent act that would be a felony under ch. 940 if committed
18by an adult.
AB130-SSA1,212,2119 (c) Probable cause exists to believe that the juvenile has possessed or gone
20armed with a short-barreled rifle or a short-barreled shotgun in violation of s.
21941.28, or has possessed or gone armed with a handgun in violation of s. 948.60.
AB130-SSA1,212,24 22(2) Probable cause exists to believe that the juvenile is a fugitive from another
23state or has run away from a secured correctional facility and there has been no
24reasonable opportunity to return the juvenile.
AB130-SSA1,213,3
1(3) The juvenile consents in writing to being held in order to protect him or her
2from an imminent physical threat from another and such secure custody is ordered
3by the judge in a protective order.
AB130-SSA1,213,7 4(4) Probable cause exists to believe that the juvenile, having been placed in
5nonsecure custody by an intake worker under s. 938.207 or by the judge or juvenile
6court commissioner under s. 938.21 (4), has run away or committed a delinquent act
7and no other suitable alternative exists.
AB130-SSA1,213,14 8(5) Probable cause exists to believe that the juvenile has been adjudged or
9alleged to be delinquent and has run away from another county and would run away
10from nonsecure custody pending his or her return. A juvenile may be held in secure
11custody under this subsection for no more than 24 hours after the end of the day that
12the decision to hold the juvenile was made unless an extension of those 24 hours is
13ordered by the judge for good cause shown. Only one extension may be ordered by
14the judge.
AB130-SSA1,213,17 15938.209Criteria for holding a juvenile in a county jail. Subject to the
16provisions of s. 938.208, a county jail may be used as a secure detention facility if the
17criteria under either sub. (1) or (2) are met:
AB130-SSA1,213,19 18(1) There is no other secure detention facility approved by the department or
19a county which is available and all of the following conditions are met:
AB130-SSA1,213,2120 (a) The jail meets the standards for secure detention facilities established by
21the department.
AB130-SSA1,213,2322 (b) The juvenile is held in a room separated and removed from incarcerated
23adults.
AB130-SSA1,213,2524 (c) The juvenile is not held in a cell designed for the administrative or
25disciplinary segregation of adults.
AB130-SSA1,214,1
1(d) Adequate supervision is provided.
AB130-SSA1,214,22 (e) The judge reviews the status of the juvenile every 3 days.
AB130-SSA1,214,6 3(2) The juvenile presents a substantial risk of physical harm to other persons
4in the secure detention facility, as evidenced by previous acts or attempts, which can
5only be avoided by transfer to the jail. The provisions of sub. (1) (a) to (e) shall be met.
6The juvenile shall be given a hearing and transferred only upon order of the judge.
AB130-SSA1,214,9 7(3) The restrictions of this section do not apply to the use of jail for a juvenile
8who has been waived to adult court under s. 938.18 or who is under the jurisdiction
9of an adult court under s. 938.183.
AB130-SSA1,214,23 10938.21Hearing for juvenile in custody. (1)Hearing; when held. (a) If
11a juvenile who has been taken into custody is not released under s. 938.20, a hearing
12to determine whether the juvenile shall continue to be held in custody under the
13criteria of ss. 938.205 to 938.209 shall be conducted by the judge or juvenile court
14commissioner within 24 hours after the end of the day that the decision to hold the
15juvenile was made, excluding Saturdays, Sundays and legal holidays. By the time
16of the hearing a petition under s. 938.25 shall be filed, except that no petition need
17be filed where a juvenile is taken into custody under s. 938.19 (1) (b) or (d) 2., 6. or
187. or where the juvenile is a runaway from another state, in which case a written
19statement of the reasons for holding a juvenile in custody shall be substituted if the
20petition is not filed. If no hearing has been held within 24 hours or if no petition or
21statement has been filed at the time of the hearing, the juvenile shall be released
22except as provided in par. (b). A parent not present at the hearing shall be granted
23a rehearing upon request.
AB130-SSA1,215,924 (b) If no petition has been filed by the time of the hearing, a juvenile may be
25held in custody with the approval of the judge or juvenile court commissioner for an

1additional 48 hours from the time of the hearing only if, as a result of the facts
2brought forth at the hearing, the judge or juvenile court commissioner determines
3that probable cause exists to believe that the juvenile is an imminent danger to
4himself or herself or to others, or that probable cause exists to believe that the parent,
5guardian or legal custodian of the juvenile or other responsible adult is unwilling or
6unavailable to provide adequate supervision and care. The extension may be
7granted only once for any petition. In the event of failure to file a petition within the
848-hour extension period provided for in this paragraph, the judge or juvenile court
9commissioner shall order the juvenile's immediate release from custody.
AB130-SSA1,215,12 10(2)Proceedings concerning runaway or delinquent juveniles. Proceedings
11concerning a juvenile who comes within the jurisdiction of the court under s. 938.12
12or 938.13 (7) or (12) shall be conducted according to this subsection.
AB130-SSA1,215,1613 (a) A juvenile held in a nonsecure place of custody may waive in writing the
14hearing under this section. After any waiver, a hearing shall be granted upon the
15request of the juvenile or any other interested party. Any juvenile transferred to a
16secure detention facility shall thereafter have a hearing under this section.
AB130-SSA1,215,1917 (b) A copy of the petition shall be given to the juvenile at or prior to the time
18of the hearing. Prior notice of the hearing shall be given to the juvenile's parent,
19guardian and legal custodian and to the juvenile in accordance with s. 938.20 (8).
AB130-SSA1,216,220 (c) Prior to the commencement of the hearing, the juvenile shall be informed
21by the judge or juvenile court commissioner of the allegations that have been or may
22be made, the nature and possible consequences of this hearing as compared to
23possible future hearings, the provisions of s. 938.18 if applicable, the right to counsel
24under s. 938.23 regardless of ability to pay if the juvenile is not yet represented by
25counsel, the right to remain silent, the fact that the silence may not be adversely

1considered by the judge or juvenile court commissioner, the right to confront and
2cross-examine witnesses and the right to present witnesses.
AB130-SSA1,216,83 (d) If the juvenile is not represented by counsel at the hearing and the juvenile
4is continued in custody as a result of the hearing, the juvenile may request through
5counsel subsequently appointed or retained or through a guardian ad litem that the
6order to hold in custody be reheard. If the request is made, a rehearing shall take
7place as soon as may be possible. Whether or not counsel was present, any order to
8hold the juvenile in custody shall be subject to rehearing for good cause.
AB130-SSA1,216,11 9(3) Proceedings concerning juveniles in need of protection or services.
10Proceedings concerning a juvenile who comes within the jurisdiction of the court
11under s. 938.13 (4), (6), (6m) or (14) shall be conducted according to this subsection.
AB130-SSA1,216,1412 (a) The parent, guardian or legal custodian may waive the hearing under this
13section. Agreement in writing of the juvenile is required if he or she is over 12. After
14any waiver, a hearing shall be granted at the request of any interested party.
AB130-SSA1,216,1915 (b) If present at the hearing, a copy of the petition shall be given to the parent,
16guardian or legal custodian, and to the juvenile if he or she is 12 years of age or older,
17before the hearing begins. Prior notice of the hearing shall be given to the juvenile's
18parent, guardian and legal custodian and to the juvenile if he or she is 12 years of
19age or older in accordance with s. 938.20 (8).
AB130-SSA1,216,2420 (d) Prior to the commencement of the hearing, the parent, guardian or legal
21custodian shall be informed by the court of the allegations that have been made or
22may be made, the nature and possible consequences of this hearing as compared to
23possible future hearings, the right to confront and cross-examine witnesses and the
24right to present witnesses.
AB130-SSA1,217,7
1(e) If the parent, guardian or legal custodian or the juvenile is not represented
2by counsel at the hearing and the juvenile is continued in custody as a result of the
3hearing, the parent, guardian, legal custodian or juvenile may request through
4counsel subsequently appointed or retained or through a guardian ad litem that the
5order to hold the juvenile in custody be reheard. If the request is made, a rehearing
6shall take place as soon as may be possible. Any order to hold the juvenile in custody
7shall be subject to rehearing for good cause, whether or not counsel was present.
AB130-SSA1,217,17 8(3m)Parental notice required. If the juvenile has been taken into custody
9because he or she committed an act which resulted in personal injury or damage to
10or loss of the property of another, the court, prior to the commencement of any
11hearing under this section, shall attempt to notify the juvenile's parents of the
12possibility of disclosure of the identity of the juvenile and the parents, of the
13juvenile's police records and of the outcome of proceedings against the juvenile for
14use in civil actions for damages against the juvenile or the parents and of the parents'
15potential liability for acts of their juveniles. If the court is unable to provide the
16notice before commencement of the hearing, it shall provide the juvenile's parents
17with the specified information in writing as soon as possible after the hearing.
AB130-SSA1,217,20 18(4)Continuation of custody. If the judge or juvenile court commissioner finds
19that the juvenile should be continued in custody under the criteria of s. 938.205, he
20or she shall enter one of the following orders:
AB130-SSA1,218,321 (a) Place the juvenile with a parent, guardian, legal custodian or other
22responsible person and may impose reasonable restrictions on the juvenile's travel,
23association with other persons or places of abode during the period of placement,
24including a condition requiring the juvenile to return to other custody as requested;
25or subject the juvenile to the supervision of an agency agreeing to supervise the

1juvenile. Reasonable restrictions may be placed upon the conduct of the parent,
2guardian, legal custodian or other responsible person which may be necessary to
3ensure the safety of the juvenile.
AB130-SSA1,218,54 (b) Order the juvenile held in an appropriate manner under s. 938.207, 938.208
5or 938.209.
AB130-SSA1,218,8 6(4m)Electronic monitoring. The judge or juvenile court commissioner may
7include in an order under sub. (4) (a) or (b) a condition that the juvenile be monitored
8by an electronic monitoring system.
AB130-SSA1,218,10 9(5)Orders in writing. (a) All orders to hold in custody shall be in writing,
10listing the reasons and criteria forming the basis for the decision.
AB130-SSA1,218,1511 (b) An order relating to a juvenile held in custody outside of his or her home
12shall also describe any efforts that were made to permit the juvenile to remain at
13home and the services that are needed to ensure the juvenile's well-being, to enable
14the juvenile to return to his or her home and to involve the parents in planning for
15the juvenile.
AB130-SSA1,218,20 16(6)Amendment of order. An order placing a juvenile under sub. (4) (a) on
17conditions specified in this section may at any time be amended, with notice, so as
18to return the juvenile to another form of custody for failure to conform to the
19conditions originally imposed. A juvenile may be transferred to secure custody if he
20or she meets the criteria of s. 938.208.
AB130-SSA1,218,25 21(7)Deferred prosecution. If the judge or juvenile court commissioner
22determines that the best interests of the juvenile and the public are served, he or she
23may enter a consent decree under s. 938.32 or order the petition dismissed and refer
24the matter to the intake worker for deferred prosecution in accordance with s.
25938.245.
AB130-SSA1,219,5
1938.22 Establishment of secure detention facilities and shelter care
2facilities. (1)
(a) The county board of supervisors may establish a secure detention
3facility or a shelter care facility or both or the county boards of supervisors for 2 or
4more counties may jointly establish a secure detention facility or a shelter care
5facility or both in accordance with ss. 46.16, 46.20 and 301.36.
AB130-SSA1,219,136 (b) Subject to sub. (3) (ar), in counties having a population of less than 500,000,
7the policies of the secure detention facility or shelter care facility shall be determined
8by the judge of the court assigned to exercise jurisdiction under this chapter and ch.
948 with the approval of the chief judge of the judicial administrative district or, in the
10case of a secure detention facility or shelter care facility established by 2 or more
11counties, by a committee of the judges of the courts in the participating counties
12assigned to exercise jurisdiction under this chapter and ch. 48 with the approval of
13the chief judge of the judicial administrative district.
AB130-SSA1,219,1814 (c) In counties having a population of 500,000 or more, the nonjudicial
15operational policies of the secure detention facility and the detention section of the
16juvenile delinquency court center shall be established by the county board of
17supervisors, and the execution thereof shall be the responsibility of the director of
18the children's court center.
AB130-SSA1,220,2 19(2) (a) Counties shall submit plans for the secure detention facility or juvenile
20portion of the county jail to the department of corrections and submit plans for the
21shelter care facility to the department of health and social services. The applicable
22department shall review the submitted plans. The counties may not implement any
23such plan unless the applicable department has approved the plan. The department
24of corrections shall promulgate rules establishing minimum requirements for the
25approval of the operation of secure detention facilities and the juvenile portion of

1county jails. The plans and rules shall be designed to protect the health, safety and
2welfare of the juveniles in these facilities.
AB130-SSA1,220,93 (b) If the department approves, a secure detention facility or a holdover room
4may be a part of a public building in which there is a jail or other facility for the
5detention of adults if the secure detention facility or holdover room is so physically
6segregated from the jail or other facility that the secure detention facility or holdover
7room may be entered without passing through areas where adults are confined and
8that juveniles detained in the secure detention facility or holdover room cannot
9communicate with or view adults confined therein.
AB130-SSA1,220,1210 (c) A shelter care facility shall be used for the temporary care of juveniles. A
11shelter care facility, other than a holdover room, may not be in the same building as
12a facility for the detention of adults.
AB130-SSA1,220,23 13(3) (a) In counties having a population of less than 500,000, public secure
14detention facilities and public shelter care facilities shall be in the charge of a
15superintendent. The judge of the court assigned to exercise jurisdiction under this
16chapter and ch. 48 with the approval of the chief judge of the judicial administrative
17district or, where 2 or more counties operate joint public secure detention facilities
18or public shelter care facilities, the committee of judges of the courts assigned to
19exercise jurisdiction under this chapter and ch. 48 with the approval of the chief
20judge of the judicial administrative district shall appoint the superintendent and
21other necessary personnel for the care and education of the juveniles in secure
22detention or shelter care facilities, subject to par. (am) and to civil service regulations
23in counties having civil service.
AB130-SSA1,221,524 (am) If a secure detention facility or holdover room is part of a public building
25in which there is a jail or other facility for the detention of adults, the sheriff or other

1keeper of the jail or other facility for the detention of adults may nominate persons
2to be considered under par. (a) for the position of superintendent of the secure
3detention facility or holdover room. Nominees under this paragraph shall have
4demonstrated administrative abilities and a demonstrated interest in the problems
5of juvenile justice and the welfare of juveniles.
AB130-SSA1,221,116 (ar) Notwithstanding sub. (1) (b), if a secure detention facility or holdover room
7is part of a public building in which there is a jail or other facility for the detention
8of adults, the sheriff or other keeper of the jail or other facility for the detention of
9adults shall determine the policies of that secure detention facility or holdover room
10relating to security and emergency response and shall determine the procedures for
11implementing those policies.
AB130-SSA1,221,1712 (b) In counties having a population of 500,000 or more, the director of the
13children's court center shall be in charge of and responsible for public secure
14detention facilities, the secure detention section of the center and the personnel
15assigned to this section, including a detention supervisor or superintendent. The
16director of the children's court center may also serve as superintendent of detention
17if the county board of supervisors so determines.
AB130-SSA1,221,2018 (c) All superintendents appointed under par. (a) or (b) after May 1, 1992, shall,
19within one year after that appointment, successfully complete an administrative
20training program approved or provided by the department of justice.
AB130-SSA1,221,24 21(5) A county board of supervisors, or 2 or more county boards of supervisors
22jointly, may contract with privately operated shelter care facilities or home detention
23programs for purchase of services. A county board of supervisors may delegate this
24authority to its county department.
AB130-SSA1,222,6
1(7) (a) No person may establish a shelter care facility without first obtaining
2a license under s. 48.66 (1). To obtain a license under s. 48.66 (1) to operate a shelter
3care facility, a person must meet the minimum requirements for a license established
4by the department of health and social services under s. 48.67 and pay the license
5fee under par. (b). A license issued under s. 48.66 (1) to operate a shelter care facility
6is valid for 2 years after the date of issuance, unless sooner revoked or suspended.
AB130-SSA1,222,147 (b) Before the department of health and social services may issue a license
8under s. 48.66 (1) to operate a shelter care facility, the shelter care facility must pay
9to that department a biennial fee of $50, plus a biennial fee of $15 per juvenile, based
10on the number of juveniles that the shelter care facility is licensed to serve. A shelter
11care facility that wishes to renew a license issued under s. 48.66 (1) shall pay the fee
12under this paragraph by the renewal date of the license. A new shelter care facility
13shall pay the fee under this paragraph by no later than 30 days before the opening
14of the shelter care facility.
AB130-SSA1,222,1915 (c) A shelter care facility that wishes to renew a license issued under s. 48.66
16(1) and that fails to pay the fee under par. (b) by the renewal date of the license or
17a new shelter care facility that fails to pay the fee under par. (b) by 30 days before
18the opening of the shelter care facility shall pay an additional fee of $5 per day for
19every day after the deadline that the facility fails to pay the fee.
AB130-SSA1,222,24 20938.225 Statewide plan for secure detention facilities. The department
21shall assist counties in establishing secure detention facilities under s. 938.22 by
22developing and promulgating a statewide plan for the establishment and
23maintenance of suitable secure detention facilities reasonably accessible to each
24court.
AB130-SSA1,223,3
1938.23 Right to counsel. (1) Right of juveniles to legal representation.
2Juveniles subject to proceedings under this chapter shall be afforded legal
3representation as follows:
AB130-SSA1,223,114 (a) Any juvenile alleged to be delinquent under s. 938.12 or held in a secure
5detention facility shall be represented by counsel at all stages of the proceedings, but
6a juvenile 15 years of age or older may waive counsel if the court is satisfied that the
7waiver is knowingly and voluntarily made and the court accepts the waiver. If the
8waiver is accepted, the court may not place the juvenile in a secured correctional
9facility, transfer supervision of the juvenile to the department for participation in the
10serious juvenile offender program or transfer jurisdiction over the juvenile to adult
11court.
AB130-SSA1,223,1312 (am) A juvenile subject to a sanction under s. 938.355 (6) (a) shall be entitled
13to representation by counsel at the hearing under s. 938.355 (6) (c).
AB130-SSA1,223,1514 (ar) A juvenile subject to proceedings under s. 938.357 (3) or (5) shall be
15afforded legal representation as provided in those subsections.
AB130-SSA1,223,2016 (b) 1. If a juvenile is alleged to be in need of protection or services under s.
17938.13, the juvenile may be represented by counsel at the discretion of the court.
18Except as provided in subd. 2., a juvenile 15 years of age or older may waive counsel
19if the court is satisfied such waiver is knowingly and voluntarily made and the court
20accepts the waiver.
AB130-SSA1,224,221 2. If the petition is contested, the court may not place the juvenile outside his
22or her home unless the juvenile is represented by counsel at the fact-finding hearing
23and subsequent proceedings. If the petition is not contested, the court may not place
24the juvenile outside his or her home unless the juvenile is represented by counsel at

1the hearing at which the placement is made. For a juvenile under 12 years of age,
2the judge may appoint a guardian ad litem instead of counsel.
AB130-SSA1,224,7 3(3) Power of the court to appoint counsel. Except in proceedings under s.
4938.13, at any time, upon request or on its own motion, the court may appoint counsel
5for the juvenile or any party, unless the juvenile or the party has or wishes to retain
6counsel of his or her own choosing. The court may not appoint counsel for any party
7other than the juvenile in a proceeding under s. 938.13.
AB130-SSA1,224,18 8(4)Providing counsel. In any situation under this section in which a person
9has a right to be represented by counsel or is provided counsel at the discretion of the
10court and counsel is not knowingly and voluntarily waived, the court shall refer the
11person to the state public defender and counsel shall be appointed by the state public
12defender under s. 977.08 without a determination of indigency. In any other
13situation under this section in which a person has a right to be represented by
14counsel or is provided counsel at the discretion of the court, competent and
15independent counsel shall be provided and reimbursed in any manner suitable to the
16court regardless of the person's ability to pay, except that the court may not order a
17person who files a petition under s. 813.122 or 813.125 to reimburse counsel for the
18juvenile who is named as the respondent in that petition.
AB130-SSA1,224,21 19(5)Counsel of own choosing. Regardless of any provision of this section, any
20party is entitled to retain counsel of his or her own choosing at his or her own expense
21in any proceeding under this chapter.
AB130-SSA1,224,25 22(6)Definition. For the purposes of this section, "counsel" means an attorney
23acting as adversary counsel who shall advance and protect the legal rights of the
24party represented, and who may not act as guardian ad litem for any party in the
25same proceeding.
AB130-SSA1,225,2
1938.235 Guardian ad litem. (1) Appointment. (a) The court may appoint
2a guardian ad litem in any appropriate matter under this chapter.
AB130-SSA1,225,73 (e) The court shall appoint a guardian ad litem, or extend the appointment of
4a guardian ad litem previously appointed under par. (a), for any juvenile alleged or
5found to be in need of protection or services, if the court has ordered, or if a request
6or recommendation has been made that the court order, the juvenile to be placed out
7of his or her home under s. 938.345 or 938.357.
AB130-SSA1,225,12 8(2) Qualifications. The guardian ad litem shall be an attorney admitted to
9practice in this state. No person who is an interested party in a proceeding, who
10appears as counsel in a proceeding on behalf of any party or who is a relative or
11representative of an interested party may be appointed guardian ad litem in that
12proceeding.
AB130-SSA1,225,21 13(3) Responsibilities. The guardian ad litem shall be an advocate for the best
14interests of the person for whom the appointment is made. The guardian ad litem
15shall function independently, in the same manner as an attorney for a party to the
16action, and shall consider, but shall not be bound by, the wishes of such person or the
17positions of others as to the best interests of such person. If the guardian ad litem
18determines that the best interests of the person are substantially inconsistent with
19the wishes of such person, the guardian ad litem shall so inform the court and the
20court may appoint counsel to represent that person. The guardian ad litem has none
21of the rights or duties of a general guardian.
AB130-SSA1,225,25 22(4) Matters involving juvenile in need of protection or services. (a) In any
23matter involving a juvenile found to be in need of protection or services, the guardian
24ad litem may, if reappointed or if the appointment is continued under sub. (7), do any
25of the following:
AB130-SSA1,226,1
11. Participate in permanency planning under ss. 48.43 (5) and 938.38.
AB130-SSA1,226,22 2. Petition for a change in placement under s. 938.357.
AB130-SSA1,226,43 3. Petition for termination of parental rights or any other matter specified
4under s. 48.14 or 938.14.
AB130-SSA1,226,55 4. Petition for revision of dispositional orders under s. 938.363.
AB130-SSA1,226,66 5. Petition for extension of dispositional orders under s. 938.365.
AB130-SSA1,226,87 6. Petition for a temporary restraining order and injunction under s. 813.122
8or 813.125.
AB130-SSA1,226,109 7. Petition for relief from a judgment terminating parental rights under s.
1048.46.
AB130-SSA1,226,1111 8. Perform any other duties consistent with this chapter and ch. 48.
AB130-SSA1,226,1412 (b) The court shall order the agency identified under s. 938.355 (2) (b) 1. as
13primarily responsible for the provision of services to notify the guardian ad litem, if
14any, regarding actions to be taken under par. (a).
AB130-SSA1,227,4 15(7) Termination and extension of appointment. The appointment of a
16guardian ad litem under sub. (1) terminates upon the entry of the court's final order
17or upon the termination of any appeal in which the guardian ad litem participates.
18The guardian ad litem may appeal, may participate in an appeal or may do neither.
19If an appeal is taken by any party and the guardian ad litem chooses not to
20participate in that appeal, he or she shall file with the appellate court a statement
21of reasons for not participating. Irrespective of the guardian ad litem's decision not
22to participate in an appeal, the appellate court may order the guardian ad litem to
23participate in the appeal. At any time, the guardian ad litem, any party or the person
24for whom the appointment is made may request in writing or on the record that the
25court extend or terminate the appointment or reappointment. The court may extend

1that appointment, or reappoint a guardian ad litem appointed under this section,
2after the entry of the final order or after the termination of the appeal, but the court
3shall specifically state the scope of the responsibilities of the guardian ad litem
4during the period of that extension or reappointment.
AB130-SSA1,227,9 5(8) Compensation. On order of the court, the guardian ad litem appointed
6under this chapter shall be allowed reasonable compensation to be paid by the county
7of venue. If the court orders a county to pay the compensation of the guardian ad
8litem, the amount ordered may not exceed the compensation paid to private
9attorneys under s. 977.08 (4m) (b).
AB130-SSA1,227,13 10938.237 Civil law and ordinance proceedings initiated by citation in
11the court assigned to exercise jurisdiction under this chapter and ch. 48.
12(1)
The citation forms under s. 23.54, 66.119, 778.25, 778.26 or 800.02 may be used
13to commence an action for a violation of civil laws and ordinances in the court.
AB130-SSA1,227,21 14(2) The procedures for issuance and filing of a citation, and for forfeitures,
15stipulations and deposits in ss. 23.50 to 23.67, 23.75 (3) and (4), 66.119, 778.25,
16778.26 and 800.01 to 800.04 except s. 800.04 (2) (b), when the citation is issued by
17a law enforcement officer, shall be used as appropriate, except that this chapter shall
18govern taking and holding a juvenile in custody, s. 938.37 shall govern costs, penalty
19assessments and jail assessments, and a capias shall be substituted for an arrest
20warrant. Sections 66.119 (3) (c) and (d), 66.12 (1) and 778.10 as they relate to
21collection of forfeitures do not apply.
AB130-SSA1,228,8 22(3) If a juvenile to whom a citation has been issued does not submit a deposit
23or a stipulation and deposit, the juvenile shall appear in the court for a plea hearing
24under s. 938.30 at the date, time and place for the court appearance specified on the
25citation. If the juvenile does not submit a stipulation and deposit or if the court

1refuses to accept a deposit unaccompanied by a stipulation, the juvenile may be
2summoned to appear and the procedures that govern petitions for civil law or
3ordinance violations under s. 938.125 shall govern all proceedings initiated by a
4citation, except that the citation shall not be referred to the court intake worker for
5an intake inquiry. If the court finds that a juvenile violated a municipal ordinance
6or a civil law punishable by a forfeiture under this section, the court shall enter a
7dispositional order under s. 938.344, if applicable, or if s. 938.344 does not apply, the
8court may enter any of the dispositional orders under s. 938.343.
AB130-SSA1,228,109 SUBCHAPTER V
10 Procedure
AB130-SSA1,228,18 11938.24 Receipt of jurisdictional information; intake inquiry. (1) Except
12when a citation has been issued under s. 938.17 (2), information indicating that a
13juvenile should be referred to the court as delinquent, in need of protection or
14services or in violation of a civil law or a county, town or municipal ordinance shall
15be referred to the intake worker, who shall conduct an intake inquiry on behalf of the
16court to determine whether the available facts establish prima facie jurisdiction and
17to determine the best interests of the juvenile and of the public with regard to any
18action to be taken.
AB130-SSA1,228,22 19(1m) As part of the intake inquiry, the intake worker shall inform the juvenile
20and the juvenile's parent, guardian and legal custodian that they may request
21counseling from a person designated by the court to provide dispositional services
22under s. 938.069.
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