AB130-SSA1,263,2422
(d) If the court finds that the juvenile is not competent to proceed, as described
23in s. 971.13 (1) and (2), the court shall suspend proceedings on the petition and shall
24also do one of the following:
AB130-SSA1,264,5
11. If the court finds that there is probable cause to believe that the juvenile
2meets the conditions specified under s. 51.20 (1) (a) 1. and 2., order the county
3department under s. 46.22, 46.23 or 46.215 in the county of the juvenile's residence
4or the district attorney or corporation counsel who filed the petition under s. 938.12
5or 938.13 (12) to file a petition under s. 51.20 (1).
AB130-SSA1,264,86
2. Order the district attorney or corporation counsel who filed the petition
7under s. 938.12 or 938.13 (12) to file a petition alleging that the juvenile is in need
8of protection or services under s. 938.13 (14).
AB130-SSA1,264,219
(e) 1. A juvenile who is not competent to proceed, as described in s. 971.13 (1)
10and (2), but who is likely to become competent to proceed within 12 months or the
11maximum sentence that may be imposed on an adult for the most serious delinquent
12act with which the juvenile is charged, whichever is less, and who is committed under
13s. 51.20 following an order under par. (d) 1. or who is placed under a dispositional
14order following an order under par. (d) 2., shall be periodically reexamined with
15written reports of those reexaminations to be submitted to the court every 3 months
16and within 30 days before the expiration of the juvenile's commitment or
17dispositional order. Each report shall indicate either that the juvenile has become
18competent, that the juvenile remains incompetent but that attainment of
19competence is likely within the remaining period of the commitment or dispositional
20order or that the juvenile has not made such progress that attainment of competency
21is likely within the remaining period of the commitment or dispositional order.
AB130-SSA1,265,322
2. The court shall cause copies of the reports under subd. 1. to be transmitted
23to the district attorney or corporation counsel and the juvenile's counsel. If a report
24under subd. 1. indicates that the juvenile has become competent, the court shall hold
25a hearing within 10 days after the court receives the report to determine whether the
1juvenile is competent. If the court determines that the juvenile is competent, the
2court shall terminate the juvenile's commitment or dispositional order and resume
3the delinquency proceeding.
AB130-SSA1,265,64
3. If the juvenile is receiving psychotropic medication, the court may make
5appropriate orders for the continued administration of the psychotropic medication
6in order to maintain the competence of the juvenile for the duration of the proceeding.
AB130-SSA1,265,22
7(6) If a petition is not contested, the court shall set a date for the dispositional
8hearing which allows reasonable time for the parties to prepare but is no more than
910 days from the plea hearing for a juvenile who is held in secure custody and no more
10than 30 days from the plea hearing for a juvenile who is not held in secure custody.
11If it appears to the court that disposition of the case may include placement of the
12juvenile outside the juvenile's home, the court shall order the juvenile's parent to
13provide a statement of income, assets, debts and living expenses to the court or the
14designated agency under s. 938.33 (1) at least 5 days before the scheduled date of the
15dispositional hearing or as otherwise ordered by the court. The clerk of court shall
16provide, without charge, to any parent ordered to provide a statement of income,
17assets, debts and living expenses a document setting forth the percentage standard
18established by the department of health and social services under s. 46.25 (9) and
19listing the factors that a court may consider under s. 46.10 (14) (c). If all parties
20consent the court may proceed immediately with the dispositional hearing. If a
21citation is not contested, the court may proceed immediately to enter a dispositional
22order.
AB130-SSA1,266,2
23(7) If the petition or citation is contested, the court shall set a date for the
24fact-finding hearing which allows a reasonable time for the parties to prepare but
25is no more than 20 days from the plea hearing for a juvenile who is held in secure
1custody and no more than 30 days from the plea hearing for a juvenile who is not held
2in secure custody.
AB130-SSA1,266,5
3(8) Except when a juvenile fails to appear in response or stipulates to a citation
4before accepting an admission or plea of no contest of the alleged facts in a petition
5or citation, the court shall do all of the following:
AB130-SSA1,266,86
(a) Address the parties present including the juvenile personally and
7determine that the plea or admission is made voluntarily with understanding of the
8nature of the acts alleged in the petition or citation and the potential dispositions.
AB130-SSA1,266,119
(b) Establish whether any promises or threats were made to elicit a plea and
10alert unrepresented parties to the possibility that a lawyer may discover defenses or
11mitigating circumstances which would not be apparent to them.
AB130-SSA1,266,1312
(c) Make such inquiries as satisfactorily establish that there is a factual basis
13for the juvenile's plea or the parent's and juvenile's admission.
AB130-SSA1,266,17
14(9) If a court commissioner conducts the plea hearing and accepts an admission
15of the alleged facts in a petition brought under s. 938.12 or 938.13, the judge shall
16review the admission at the beginning of the dispositional hearing by addressing the
17parties and making the inquires set forth in sub. (8).
AB130-SSA1,266,20
18(10) The court may permit any party to participate in hearings under this
19section by telephone or live audio-visual means except a juvenile who intends to
20admit the facts of the delinquency petition.
AB130-SSA1,267,3
21938.305 Hearing upon the involuntary removal of a juvenile. 22Notwithstanding other time periods for hearings under this chapter, if a juvenile is
23removed from the physical custody of the juvenile's parent or guardian under s.
24938.19 (1) (c) or (d) 5. without the consent of the parent or guardian, the court shall
25schedule a plea hearing and fact-finding hearing within 30 days after a request from
1the parent or guardian from whom custody was removed. The plea hearing and
2fact-finding hearing may be combined. This time period may be extended only with
3the consent of the requesting parent or guardian.
AB130-SSA1,267,8
4938.31 Fact-finding hearing. (1) In this section, "fact-finding hearing"
5means a hearing to determine if the allegations of a petition under s. 938.12 or 938.13
6(12) are supported beyond a reasonable doubt or a hearing to determine if the
7allegations in a petition or citation under s. 938.125 or 938.13 (4), (6), (6m), (7) or (14)
8are proved by clear and convincing evidence.
AB130-SSA1,267,16
9(2) The hearing shall be to the court. If the hearing involves a child victim or
10witness, as defined in s. 950.02, the court may order the taking and allow the use of
11a videotaped deposition under s. 967.04 (7) to (10) and, with the district attorney,
12shall comply with s. 971.105. At the conclusion of the hearing, the court shall make
13a determination of the facts. If the court finds that the juvenile is not within the
14jurisdiction of the court or the court finds that the facts alleged in the petition or
15citation have not been proved, the court shall dismiss the petition or citation with
16prejudice.
AB130-SSA1,267,21
17(4) The court shall make findings of fact and conclusions of law relating to the
18allegations of a petition under s. 938.12, 938.125 or 938.13. In cases alleging a
19juvenile to be delinquent or in need of protection or services under s. 938.13 (12), the
20court shall make findings relating to the proof of the violation of law and to the proof
21that the juvenile named in the petition committed the violation alleged.
AB130-SSA1,268,11
22(7) At the close of the fact-finding hearing, the court shall set a date for the
23dispositional hearing which allows a reasonable time for the parties to prepare but
24is no more than 10 days after the fact-finding hearing for a juvenile in secure custody
25and no more than 30 days after the fact-finding hearing for a juvenile not held in
1secure custody. If it appears to the court that disposition of the case may include
2placement of the juvenile outside the juvenile's home, the court shall order the
3juvenile's parent to provide a statement of income, assets, debts and living expenses
4to the court or the designated agency under s. 938.33 (1) at least 5 days before the
5scheduled date of the dispositional hearing or as otherwise ordered by the court. The
6clerk of court shall provide, without charge, to any parent ordered to provide a
7statement of income, assets, debts and living expenses a document setting forth the
8percentage standard established by the department of health and social services
9under s. 46.25 (9) and listing the factors that a court may consider under s. 46.10 (14)
10(c). If all parties consent, the court may immediately proceed with a dispositional
11hearing.
AB130-SSA1,268,13
12938.315 Delays, continuances and extensions. (1) The following time
13periods shall be excluded in computing time requirements within this chapter:
AB130-SSA1,268,1714
(a) Any period of delay resulting from other legal actions concerning the
15juvenile, including an examination under s. 938.295 or a hearing related to the
16juvenile's mental condition, prehearing motions, waiver motions and hearings on
17other matters.
AB130-SSA1,268,1918
(b) Any period of delay resulting from a continuance granted at the request of
19or with the consent of the juvenile and counsel.
AB130-SSA1,268,2220
(c) Any period of delay caused by the disqualification or substitution of a judge
21or by any other transfer of the case or intake inquiry to a different judge, intake
22worker or county.
AB130-SSA1,269,423
(d) Any period of delay resulting from a continuance granted at the request of
24the representative of the public under s. 938.09 if the continuance is granted because
25of the unavailability of evidence material to the case when he or she has exercised
1due diligence to obtain the evidence and there are reasonable grounds to believe that
2the evidence will be available at the later date, or to allow him or her additional time
3to prepare the case and additional time is justified because of the exceptional
4circumstances of the case.
AB130-SSA1,269,55
(e) Any period of delay resulting from the imposition of a consent decree.
AB130-SSA1,269,76
(f) Any period of delay resulting from the absence or unavailability of the
7juvenile.
AB130-SSA1,269,118
(fm) Any period of delay resulting from the inability of the court to provide the
9juvenile with notice of an extension hearing under s. 938.365 due to the juvenile
10having run away or otherwise having made himself or herself unavailable to receive
11that notice.
AB130-SSA1,269,1412
(g) A reasonable period of delay when the juvenile is joined in a hearing with
13another juvenile as to whom the time for a hearing has not expired under this section
14if there is good cause for not hearing the cases separately.
AB130-SSA1,269,19
15(2) A continuance may be granted by the court only upon a showing of good
16cause in open court or during a telephone conference under s. 807.13 on the record
17and only for so long as is necessary, taking into account the request or consent of the
18representative of the public under s. 938.09 or the parties and the interest of the
19public in the prompt disposition of cases.
AB130-SSA1,270,2
20(3) Failure to comply with any time limit specified in this chapter does not
21deprive the court of personal or subject matter jurisdiction or of competency to
22exercise that jurisdiction. If a party does not comply with a time limit specified in
23this chapter, the court may grant a continuance under sub. (2), dismiss the petition
24with or without prejudice, release the juvenile from secure or nonsecure custody or
1from the terms of a custody order or grant any other relief that the court considers
2appropriate.
AB130-SSA1,270,3
3938.317 Jeopardy. Jeopardy attaches when a witness is sworn.
AB130-SSA1,270,16
4938.32 Consent decree. (1) (a) At any time after the filing of a petition for
5a proceeding relating to s. 938.12 or 938.13 and before the entry of judgment, the
6judge or juvenile court commissioner may suspend the proceedings and place the
7juvenile under supervision in the juvenile's own home or present placement or in a
8youth village program as described in s. 118.42. The court may establish terms and
9conditions applicable to the parent, guardian or legal custodian, and to the juvenile,
10including any of the conditions specified in subs. (1d), (1g), (1m), (1t) and (1x). The
11order under this section shall be known as a consent decree and must be agreed to
12by the juvenile; the parent, guardian or legal custodian; and the person filing the
13petition under s. 938.25. If the consent decree includes any conditions specified in
14sub. (1g), the consent decree shall include provisions for payment of the services as
15specified in s. 938.361. The consent decree shall be reduced to writing and given to
16the parties.
AB130-SSA1,270,2317
(b) 1. Before entering into a consent decree in a proceeding in which a juvenile
18is alleged to be delinquent under s. 938.12 or to be in need of protection or services
19under s. 938.13 (12), the court shall allow a victim or a family member of a homicide
20victim to make a statement or to submit a written statement to be read to the court.
21The court may allow any other person to make or submit a statement under this
22subdivision. Any statement made under this subdivision must be relevant to the
23consent decree.
AB130-SSA1,271,524
2. Before entering into a consent decree in a proceeding in which a juvenile is
25alleged to be delinquent under s. 938.12 or to be in need of protection or services
1under s. 938.13 (12), the district attorney or corporation counsel shall attempt to
2contact any known victim or family member of a homicide victim to inform that
3person of the right to make a statement under subd. 1. Any failure to comply with
4this subdivision is not a ground for discharge of the juvenile, parent, guardian or
5legal custodian from fulfilling the terms and conditions of the consent decree.
AB130-SSA1,271,16
6(1d) If the petition alleges that the juvenile has committed an act that would
7constitute a misdemeanor if committed by an adult, if the chief judge of the judicial
8administrative district has approved under s. 973.11 (2) a volunteers in probation
9program established in the juvenile's county of residence and if the judge or juvenile
10court commissioner determines that volunteer supervision under that volunteers in
11probation program will likely benefit the juvenile and the community, the judge or
12juvenile court commissioner may establish as a condition under sub. (1) that the
13juvenile be placed with that volunteers in probation program under such conditions
14as the judge or juvenile court commissioner determines are reasonable and
15appropriate. These conditions may include, but need not be limited to, any of the
16following:
AB130-SSA1,271,1917
(a) A directive to a volunteer to provide for the juvenile a role model, informal
18counseling, general monitoring and monitoring of the conditions established by the
19judge or juvenile court commissioner, or any combination of these functions.
AB130-SSA1,271,2120
(b) Any other conditions that the judge or juvenile court commissioner may
21establish under this section.
AB130-SSA1,272,2
22(1g) If the petition alleges that the juvenile committed a violation specified
23under ch. 161 and if the multidisciplinary screen conducted under s. 938.24 (2) shows
24that the juvenile is at risk of having needs and problems related to the use of alcohol
25beverages or controlled substances and its medical, personal, family and social
1effects, the judge or juvenile court commissioner may establish as a condition under
2sub. (1) any of the following:
AB130-SSA1,272,63
(a) That the juvenile participate in outpatient treatment from an approved
4treatment facility for alcohol and other drug abuse, if an alcohol and other drug abuse
5assessment that conforms to the criteria specified under s. 938.547 (4) was completed
6under s. 938.295 (1).
AB130-SSA1,272,117
(b) That the juvenile participate in a court-approved pupil assistance program
8provided by the juvenile's school board or a court-approved alcohol or other drug
9abuse education program. The juvenile's participation in a court-approved pupil
10assistance program under this paragraph is subject to the approval of the juvenile's
11school board.
AB130-SSA1,272,14
12(1m) The judge or juvenile court commissioner may establish as a condition
13under sub. (1) that the juvenile be placed in a teen court program if all of the following
14conditions apply:
AB130-SSA1,272,1815
(a) The chief judge of the judicial administrative district has approved a teen
16court program established in the juvenile's county of residence and the judge or
17juvenile court commissioner determines that participation in the teen court program
18will likely benefit the juvenile and the community.
AB130-SSA1,272,2019
(b) The juvenile is alleged to have committed a delinquent act that would be
20a misdemeanor if committed by an adult.
AB130-SSA1,272,2321
(c) The juvenile admits or pleads no contest in open court, with the juvenile's
22parent, guardian or legal custodian present, to the allegations that the juvenile
23committed the delinquent act.
AB130-SSA1,272,2524
(d) The juvenile has not successfully completed participation in a teen court
25program during the 2 years before the date of the alleged delinquent act.
AB130-SSA1,273,6
1(1r) If the conditions of the consent decree provide for an alcohol and other drug
2abuse outpatient treatment program under sub. (1g) (a), the juvenile or, if the
3juvenile has not attained the age of 12, the juvenile's parent, guardian or legal
4custodian shall execute an informed consent form that indicates that they are
5voluntarily and knowingly entering into a consent decree for the provision of alcohol
6and other drug abuse outpatient treatment.
AB130-SSA1,273,19
7(1t) (a) 1. Subject to subd. 3., if the petition alleges that the juvenile committed
8a delinquent act that has resulted in damage to the property of another, or in actual
9physical injury to another excluding pain and suffering, the judge or juvenile court
10commissioner may require the juvenile as a condition of the consent decree, to repair
11the damage to property or to make reasonable restitution for the damage or injury
12if the judge or juvenile court commissioner, after taking into consideration the
13well-being and needs of the victim, considers it beneficial to the well-being and
14behavior of the juvenile. Any consent decree that includes a condition of restitution
15shall include a finding that the juvenile alone is financially able to pay and may allow
16up to the date of the expiration of the consent decree for the payment. Objection by
17the juvenile to the amount of damages claimed shall entitle the juvenile to a hearing
18on the question of damages before the amount of restitution is made part of the
19consent decree.
AB130-SSA1,273,2520
2. In addition to any other employment or duties permitted under ch. 103 or
21any rule or order under ch. 103, a juvenile who is under 14 years of age who is
22participating in a restitution project provided by the county may, for the purpose of
23making restitution under the consent decree, be employed or perform any duties
24under any circumstances in which a juvenile 14 or 15 years of age is permitted to be
25employed or to perform duties under ch. 103 or any rule or order under ch. 103.
AB130-SSA1,274,2
13. Under this paragraph, a judge or juvenile court commissioner may not order
2a juvenile who is under 14 years of age to make more than $250 in restitution.
AB130-SSA1,274,53
(b) The judge may require the juvenile to participate in a supervised work
4program or other community service work under s. 938.34 (5g) as a condition of the
5consent decree.
AB130-SSA1,274,12
6(1x) If the petition alleges that the juvenile violated s. 943.017 and the juvenile
7has attained the minimum age at which a juvenile may be adjudicated delinquent,
8the judge or juvenile court commissioner may require, as a condition of the consent
9decree, that the juvenile participate for not less than 10 hours nor more than 100
10hours in a supervised work program under s. 938.34 (5g) or perform not less than 10
11hours nor more than 100 hours of other community service work, except that if the
12juvenile has not attained 14 years of age the maximum number of hours is 40.
AB130-SSA1,274,15
13(2) (a) A consent decree shall remain in effect for up to one year unless the
14juvenile, parent, guardian or legal custodian is discharged sooner by the judge or
15juvenile court commissioner.
AB130-SSA1,274,2516
(c) Upon the motion of the court or the application of the juvenile, parent,
17guardian, legal custodian, intake worker or any agency supervising the juvenile
18under the consent decree, the court may, after giving notice to the parties to the
19consent decree and their counsel, if any, extend the decree for up to an additional 6
20months or, if the consent decree places the juvenile in a youth village program as
21described in s. 118.42, for up to an additional one year in the absence of objection to
22extension by the parties to the initial consent decree. If the parent, guardian or legal
23custodian objects to the extension, the court shall schedule a hearing and make a
24determination on the issue of extension. A consent decree placing a juvenile in a
25youth village program as described in s. 118.42 may be extended no more than twice.
AB130-SSA1,275,6
1(3) If, prior to discharge by the court, or the expiration of the consent decree,
2the court finds that the juvenile or parent, legal guardian or legal custodian has
3failed to fulfill the express terms and conditions of the consent decree or that the
4juvenile objects to the continuation of the consent decree, the hearing under which
5the juvenile was placed on supervision may be continued to conclusion as if the
6consent decree had never been entered.
AB130-SSA1,275,12
7(4) No juvenile who is discharged by the court or who completes the period of
8supervision without reinstatement of the original petition may again be proceeded
9against in any court for the same offense alleged in the petition or an offense based
10on the same conduct, and the original petition shall be dismissed with prejudice.
11Nothing in this subsection precludes a civil suit against the juvenile or parent for
12damages arising from the juvenile's conduct.
AB130-SSA1,275,16
13(5) A court which, under this section, elicits or examines information or
14material about a juvenile which would be inadmissible in a hearing on the
15allegations of the petition may not, over objections of one of the parties, participate
16in any subsequent proceedings if any of the following applies:
AB130-SSA1,275,1917
(a) The court refuses to enter into a consent decree and the allegations in the
18petition remain to be decided in a hearing where the juvenile denies the allegations
19of delinquency.
AB130-SSA1,275,2120
(b) A consent decree is granted but the petition under s. 938.12 or 938.13 is
21subsequently reinstated.
AB130-SSA1,276,2
22(6) The judge or juvenile court commissioner shall inform the juvenile and the
23juvenile's parent, guardian or legal custodian, in writing, of the juvenile's right to
24object to the continuation of the consent decree under sub. (3) and of the fact that the
1hearing under which the juvenile was placed on supervision may be continued to
2conclusion as if the consent decree had never been entered.
AB130-SSA1,276,43
SUBCHAPTER VI
4
DISPOSITION
AB130-SSA1,276,8
5938.33 Court reports. (1) Report required. Before the disposition of a
6juvenile adjudged to be delinquent or in need of protection or services, the court shall
7designate an agency, as defined in s. 938.38 (1) (a), to submit a report which shall
8contain all of the following:
AB130-SSA1,276,99
(a) The social history of the juvenile.
AB130-SSA1,276,1310
(b) A recommended plan of rehabilitation or treatment and care for the juvenile
11which is based on the investigation conducted by the agency and any report resulting
12from an examination or assessment under s. 938.295, which employs the most
13effective means available to accomplish the objectives of the plan.
AB130-SSA1,276,1914
(c) A description of the specific services or continuum of services which the
15agency is recommending that the court order for the juvenile or family, the persons
16or agencies that would be primarily responsible for providing those services, and the
17identity of the person or agency that would provide case management or coordination
18of services if any or whether or not the juvenile should receive an integrated service
19plan.
AB130-SSA1,276,2120
(d) A statement of the objectives of the plan, including any desired behavior
21changes and the academic, social and vocational skills needed by the juvenile.
AB130-SSA1,276,2422
(e) A plan for the provision of educational services to the juvenile, prepared
23after consultation with the staff of the school in which the juvenile is enrolled or the
24last school in which the juvenile was enrolled.
AB130-SSA1,277,5
1(f) If the agency is recommending that the court order the juvenile's parent,
2guardian or legal custodian to participate in mental health treatment, anger
3management, individual or family counseling or parent training and education, a
4statement as to the availability of those services and as to the availability of funding
5for those services.
AB130-SSA1,277,9
6(2) Home placement reports. A report recommending that the juvenile remain
7in his or her home may be presented orally at the dispositional hearing if all parties
8consent. A report that is presented orally shall be transcribed and made a part of the
9court record.
AB130-SSA1,277,16
10(3) Correctional placement reports. A report recommending placement of a
11juvenile in a secured correctional facility under the supervision of the department
12or a secured child caring institution shall be in writing, except that the report may
13be presented orally at the dispositional hearing if the juvenile and the juvenile's
14counsel consent. A report that is presented orally shall be transcribed and made a
15part of the court record. In addition to the information specified under sub. (1) (a)
16to (d), the report shall include all of the following:
AB130-SSA1,277,2217
(a) A description of any less restrictive alternatives that are available and that
18have been considered, and why they have been determined to be inappropriate. If
19the judge has found that any of the conditions specified in s. 938.34 (4m) (b) 1., 2. or
203. applies, the report shall indicate that a less restrictive alternative than placement
21in a secured correctional facility or a secured child caring institution is not
22appropriate.
AB130-SSA1,277,2523
(b) A recommendation for an amount of child support to be paid by either or
24both of the juvenile's parents or for referral to the county designee under s. 59.07 (97)
25for the establishment of child support.
AB130-SSA1,278,10
1(3r) Serious juvenile offender report. If a juvenile has been adjudicated
2delinquent for committing a violation for which the juvenile maybe placed in the
3serious juvenile offender program under s. 938.34 (4h) (a), the report shall be in
4writing and, in addition to the information specified in sub. (1) and in sub. (3) or (4),
5if applicable, shall include an analysis of the juvenile's suitability for placement in
6the serious juvenile offender program under s. 938.34 (4h) or in a secured
7correctional facility under s. 938.34 (4m), a placement specified in s. 938.34 (3) or
8placement in the juvenile's home with supervision and community-based
9programming and a recommendation as to the type of placement for which the
10juvenile is best suited.
AB130-SSA1,278,16
11(4) Other out-of-home placements. A report recommending placement in a
12foster home, treatment foster home, group home or nonsecured child caring
13institution shall be in writing, except that the report may be presented orally at the
14dispositional hearing if all parties consent. A report that is presented orally shall be
15transcribed and made a part of the court record. The report shall include all of the
16following:
AB130-SSA1,278,1717
(a) A permanency plan prepared under s. 938.38.
AB130-SSA1,278,2018
(b) A recommendation for an amount of child support to be paid by either or
19both of the juvenile's parents or for referral to the county designee under s. 59.07 (97)
20for the establishment of child support.
AB130-SSA1,278,25
21(4m) Support recommendations; information to parents. In making a
22recommendation for an amount of child support under sub. (3) or (4), the agency shall
23consider the factors that the court considers under s. 46.10 (14) (c) for deviation from
24the percentage standard. At or before the dispositional hearing under s. 938.335, the
25agency shall provide the juvenile's parent with all of the following:
AB130-SSA1,279,1
1(a) Its recommendation for juvenile support.
AB130-SSA1,279,32
(b) A written explanation of how the parent may request that the court modify
3the amount of child support under s. 46.10 (14) (c).
AB130-SSA1,279,64
(c) A written explanation of how the parent may request a revision under s.
5938.363 in the amount of child support ordered by the court under s. 938.335 (2) (b)
64.
AB130-SSA1,279,16
7(5) Identity of foster parent or treatment foster parent; confidentiality.
8If the report recommends placement in a foster home or a treatment foster home, and
9the name of the foster parent or treatment foster parent is not available at the time
10the report is filed, the agency shall provide the court and the juvenile's parent or
11guardian with the name and address of the foster parent or treatment foster parent
12within 21 days after the dispositional order is entered, except that the court may
13order the information withheld from the juvenile's parent or guardian if the court
14finds that disclosure would result in imminent danger to the juvenile or to the foster
15parent or treatment foster parent. After notifying the juvenile's parent or guardian,
16the court shall hold a hearing prior to ordering the information withheld.
AB130-SSA1,280,2
17938.331 Court reports; effect on victim. If the delinquent act would
18constitute a felony if committed by an adult, the person preparing the report under
19s. 938.33 (1) shall attempt to determine the economic, physical and psychological
20effect of the delinquent act on the victim. The person preparing the report may ask
21any appropriate person for information. This section does not preclude the person
22who prepares the report from including any information for the court concerning the
23impact of a delinquent act on the victim. If the delinquent act would not constitute
24a felony but a victim has suffered bodily harm or the act involved theft or damage to
1property, the person preparing the report is encouraged to seek the information
2described in this section.
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3938.335 Dispositional hearings. (1) The court shall conduct a hearing to
4determine the disposition of a case in which a juvenile is adjudged to be delinquent
5under s. 938.12, to have violated a civil law or ordinance under s. 938.125 or to be in
6need of protection or services under s. 938.13, except that the court shall proceed as
7provided in s. 938.237 (2) if a citation is issued and the juvenile fails to contest the
8citation.
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9(3) At hearings under this section, any party may present evidence relevant
10to the issue of disposition, including expert testimony, and may make alternative
11dispositional recommendations.
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12(3m) (a) Before imposing a disposition in a proceeding in which a juvenile is
13adjudged to be delinquent under s. 938.12 or is found to be in need of protection or
14services under s. 938.13 (12), the court shall allow a victim or a family member of a
15homicide victim to make a statement or to submit a written statement to be read to
16the court. The court may allow any other person to make or submit a statement
17under this paragraph. Any statement made under this paragraph must be relevant
18to the disposition.
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(b) After a finding that a juvenile is delinquent under s. 938.12 or is found to
20be in need of protection or services under s. 938.13 (12), the district attorney or
21corporation counsel shall attempt to contact any known victim or family member of
22a homicide victim to inform that person of the right to make a statement under par.
23(a). Any failure to comply with this paragraph is not a ground for an appeal of a
24dispositional order or for any court to reverse or modify a dispositional order.
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1(3r) At hearings under this section, a parent of the juvenile may present
2evidence relevant to the amount of child support to be paid by either or both parents.
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3(4) At hearings under this section, s. 938.357, 938.363 or 938.365, on the
4request of any party, unless good cause to the contrary is shown, the court may admit
5testimony on the record by telephone or live audio-visual means, if available, under
6s. 807.13 (2). The request and the showing of good cause may be made by telephone.
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7(5) At the conclusion of the hearing, the court shall make a dispositional order
8in accordance with s. 938.355.
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9938.34 Disposition of juvenile adjudged delinquent. If the court adjudges
10a juvenile delinquent, the court shall enter an order deciding one or more of the
11dispositions of the case as provided in this section under a care and treatment plan.
12A disposition under sub. (4m) must be combined with a disposition under sub. (4n).
13In deciding the dispositions for a juvenile who is adjudicated delinquent, the court
14shall consider the seriousness of the act for which the juvenile is adjudicated
15delinquent and may consider any other delinquent act that is read into the record
16and dismissed at the time of the adjudication. The dispositions under this section
17are: