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.
AB130-SSA1,280,8 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.
AB130-SSA1,280,11 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.
AB130-SSA1,280,18 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.
AB130-SSA1,280,2419 (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.
AB130-SSA1,281,2
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.
AB130-SSA1,281,6 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.
AB130-SSA1,281,8 7(5) At the conclusion of the hearing, the court shall make a dispositional order
8in accordance with s. 938.355.
AB130-SSA1,281,17 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:
AB130-SSA1,281,19 18(1) Counseling. Counsel the juvenile or the parent, guardian or legal
19custodian.
AB130-SSA1,281,24 20(2) Supervision. (a) Place the juvenile under the supervision of an agency, the
21department, if the department approves, or a suitable adult, including a friend of the
22juvenile, under conditions prescribed by the court including reasonable rules for the
23juvenile's conduct, designed for the physical, mental and moral well-being and
24behavior of the juvenile.
AB130-SSA1,282,5
1(b) If the juvenile is placed in the juvenile's home under the supervision of an
2agency or the department, order the agency or department to provide specified
3services to the juvenile and the juvenile's family, which may include but are not
4limited to individual, family or group counseling, homemaker or parent aide
5services, respite care, housing assistance, day care or parent skills training.
AB130-SSA1,282,76 (c) Order the juvenile to remain at his or her home or other placement for a
7period of not more than 30 days under rules of supervision specified in the order.
AB130-SSA1,282,16 8(2g) Volunteers in probation program. If the juvenile is adjudicated
9delinquent for the commission of an act that would constitute a misdemeanor if
10committed by an adult, if the chief judge of the judicial administrative district has
11approved under s. 973.11 (2) a volunteers in probation program established in the
12juvenile's county of residence and if the court determines that volunteer supervision
13under that volunteers in probation program will likely benefit the juvenile and the
14community, placement of the juvenile with that volunteers in probation program
15under such conditions as the court determines are reasonable and appropriate.
16These conditions may include, but need not be limited to, any of the following:
AB130-SSA1,282,1917 (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
19court, or any combination of these functions.
AB130-SSA1,282,2020 (b) Any other disposition that the court may impose under this section.
AB130-SSA1,282,22 21(2m) Teen court program. Order the juvenile to be placed in a teen court
22program if all of the following conditions apply:
AB130-SSA1,283,223 (a) The chief judge of the judicial administrative district has approved a teen
24court program established in the juvenile's county of residence and the judge

1determines that participation in the teen court program will likely benefit the
2juvenile and the community.
AB130-SSA1,283,43 (b) The juvenile is alleged to have committed a delinquent act that would be
4a misdemeanor if committed by an adult.
AB130-SSA1,283,75 (c) The juvenile admits or pleads no contest in open court, with the juvenile's
6parent, guardian or legal custodian present, to the allegations that the juvenile
7committed the delinquent act.
AB130-SSA1,283,98 (d) The juvenile has not successfully completed participation in a teen court
9program during the 2 years before the date of the alleged delinquent act.
AB130-SSA1,283,11 10(2r) Intensive supervision. Order the juvenile to participate in an intensive
11supervision program under s. 938.534.
AB130-SSA1,283,12 12(3) Placement. Designate one of the following as the placement for the juvenile:
AB130-SSA1,283,1313 (a) The home of a parent or other relative of the juvenile.
AB130-SSA1,283,1414 (b) A home which need not be licensed if placement is for less than 30 days.
AB130-SSA1,283,1615 (c) A foster home or treatment foster home licensed under s. 48.62 or a group
16home licensed under s. 48.625.
AB130-SSA1,283,1717 (d) A child caring institution licensed under s. 48.60.
AB130-SSA1,283,2018 (dm) A youth village program as described in s. 118.42, if the juvenile, his or
19her parent, guardian or legal custodian and the youth village program agree to that
20placement.
AB130-SSA1,283,2521 (e) An independent living situation effective on or after the juvenile's 17th
22birthday, either alone or with friends, under such supervision as the court considers
23appropriate, but only if the juvenile is of sufficient maturity and judgment to live
24independently and only upon proof of a reasonable plan for supervision by an
25appropriate person or agency.
AB130-SSA1,284,3
1(f) A secure detention facility or juvenile portion of a county jail that meets the
2standards promulgated by the department of corrections by rule, or in a place of
3nonsecure custody designated by the court, subject to all of the following:
AB130-SSA1,284,84 1. The placement may be for any combination of single or consecutive days
5totalling not more than 30. The juvenile shall be given credit against the period of
6detention or nonsecure custody imposed under this paragraph for all time spent in
7secure detention in connection with the course of conduct for which the detention or
8nonsecure custody was imposed.
AB130-SSA1,284,139 2. The order may provide that the juvenile may be released from the secure
10detention facility, juvenile portion of the jail or place of nonsecure custody during
11specified hours to attend school, to work at the juvenile's place of employment or to
12attend or participate in any activity which the court considers beneficial to the
13juvenile.
AB130-SSA1,284,1714 3. The use of placement in a secure detention facility or in a juvenile portion
15of a county jail as a disposition under this paragraph is subject to the adoption of a
16resolution by the county board of supervisors under s. 938.06 (5) authorizing the use
17of those placements as a disposition.
AB130-SSA1,284,20 18(3g) Electronic monitoring. Monitoring by an electronic monitoring system
19for a juvenile subject to an order under sub. (2), (2r), (3) (a) to (e), (4h) or (4n) who is
20placed in the community.
AB130-SSA1,284,23 21(4) Transfer of legal custody. If it is shown that the rehabilitation or the
22treatment and care of the juvenile cannot be accomplished by means of voluntary
23consent of the parent or guardian, transfer legal custody to any of the following:
AB130-SSA1,284,2424 (a) A relative of the juvenile.
AB130-SSA1,284,2525 (b) A county department.
AB130-SSA1,285,1
1(c) A licensed child welfare agency.
AB130-SSA1,285,3 2(4h) Serious juvenile offender program. Place the juvenile in the serious
3juvenile offender program under s. 938.538, but only if all of the following apply:
AB130-SSA1,285,94 (a) The juvenile is 14 years of age or over and has been adjudicated delinquent
5for committing a violation of s. 939.31, 939.32 (1) (a), 940.03, 940.21, 940.225 (1),
6940.305, 940.31, 941.327 (2) (b) 4., 943.02, 943.10 (2), 943.23 (1g), (1m) or (1r), 943.32
7(2), 948.02 (1), 948.025, 948.30, 948.35 (1) (b) or 948.36 or the juvenile is 10 years of
8age or over and has been adjudicated delinquent for attempting or committing a
9violation of s. 940.01 or for committing a violation of 940.02 or 940.05.
AB130-SSA1,285,1210 (b) The judge finds that the only other disposition that would be appropriate
11for the juvenile would be placement of the juvenile in a secured correctional facility
12under sub. (4m).
AB130-SSA1,285,18 13(4m) Correctional placement. Place the juvenile in a secured correctional
14facility under the supervision of the department if the juvenile is 12 years of age or
15over or, if the juvenile is under 12 years of age, in a secured child caring institution
16under the supervision of the department, unless the department, after an
17examination under s. 938.50, determines that placement in a secured correctional
18facility is more appropriate, but only if all of the following apply:
AB130-SSA1,285,2119 (a) The juvenile has been found to be delinquent for the commission of an act
20which if committed by an adult would be punishable by a sentence of 6 months or
21more.
AB130-SSA1,286,222 (b) The juvenile has been found to be a danger to the public and to be in need
23of restrictive custodial treatment. If the judge determines that any of the following
24conditions applies, but that placement in the serious juvenile offender program
25under sub. (4h) would not be appropriate, that determination shall be prima facie

1evidence that the juvenile is a danger to the public and in need of restrictive custodial
2treatment under this subsection:
AB130-SSA1,286,63 1. The juvenile has committed a delinquent act that would be a felony under
4s. 940.01, 940.02, 940.03, 940.05, 940.19 (2) to (6), 940.21, 940.225 (1), 940.31, 941.20
5(3), 943.02 (1), 943.23 (1g), (1m) or (1r), 943.32 (2), 947.013 (1t), (1v) or (1x), 948.02
6(1) or (2), 948.025 or 948.03 if committed by an adult.
AB130-SSA1,286,107 2. The juvenile has possessed, used or threatened to use a handgun, as defined
8in s. 175.35 (1) (b), short-barreled rifle, as defined in s. 941.28 (1) (b), or
9short-barreled shotgun, as defined in s. 941.28 (1) (c), while committing a delinquent
10act that would be a felony under ch. 940 if committed by an adult.
AB130-SSA1,286,1311 3. The juvenile has possessed or gone armed with a short-barreled rifle or a
12short-barreled shotgun in violation of s. 941.28 or has possessed or gone armed with
13a handgun in violation of s. 948.60.
AB130-SSA1,286,19 14(4n) Aftercare supervision. Subject to s. 938.532 (3) and to any arrangement
15between the department and a county department regarding the provision of
16aftercare supervision for juveniles who have been released from a secured
17correctional facility or a secured child caring institution, designate one of the
18following to provide aftercare supervision for the juvenile following the juvenile's
19release from the secured correctional facility or secured child caring institution:
AB130-SSA1,286,2020 (a) The department.
AB130-SSA1,286,2221 (b) The county department of the county of the court that placed the juvenile
22in the secured correctional facility or secured child caring institution.
AB130-SSA1,286,2323 (c) The county department of the juvenile's county of legal residence.
AB130-SSA1,287,8 24(5) Restitution. (a) Subject to par. (c), if the juvenile is found to have
25committed a delinquent act which has resulted in damage to the property of another,

1or actual physical injury to another excluding pain and suffering, order the juvenile
2to repair the damage to property or to make reasonable restitution for the damage
3or injury if the court, after taking into consideration the well-being and needs of the
4victim, considers it beneficial to the well-being and behavior of the juvenile. Any
5such order shall include a finding that the juvenile alone is financially able to pay
6and may allow up to the date of the expiration of the order for the payment. Objection
7by the juvenile to the amount of damages claimed shall entitle the juvenile to a
8hearing on the question of damages before the amount of restitution is ordered.
AB130-SSA1,287,129 (am) Subject to par. (c), order a juvenile who owes restitution under par. (a) and
10who is receiving income while placed in a secured correctional facility, residential
11treatment center or other out-of-home placement to contribute a stated percentage
12of that income towards that restitution.
AB130-SSA1,287,1913 (b) In addition to any other employment or duties permitted under ch. 103 or
14any rule or order under ch. 103, a juvenile who is under 14 years of age who is
15participating in a restitution project provided by the county may, for the purpose of
16making restitution ordered by the court under this subsection, be employed or
17perform any duties under any circumstances in which a juvenile 14 or 15 years of age
18is permitted to be employed or perform duties under ch. 103 or any rule or order
19under ch. 103.
AB130-SSA1,287,2120 (c) Under this subsection, a court may not order a juvenile who is under 14 years
21of age to make more than $250 in restitution.
AB130-SSA1,288,2 22(5g) Supervised work program or other community service work. (a) Order
23the juvenile to participate in a supervised work program administered by the county
24department or a community agency approved by the court or other community

1service work administered by a public agency or nonprofit charitable organization
2approved by the court.
AB130-SSA1,288,113 (am) The court shall set standards for the supervised work program within the
4budgetary limits established by the county board of supervisors. The supervised
5work program may provide the juvenile reasonable compensation reflecting a
6reasonable market value of the work performed or it may consist of uncompensated
7community service work. Community service work may be in lieu of restitution only
8if also agreed to by the county department, community agency, public agency or
9nonprofit charitable organization and by the person to whom the restitution is owed.
10The court may use any available resources, including any community service work
11program, in ordering the juvenile to perform community service work.
AB130-SSA1,288,1912 (b) The supervised work program or other community service work shall be of
13a constructive nature designed to promote the rehabilitation of the juvenile, shall be
14appropriate to the age level and physical ability of the juvenile and shall be combined
15with counseling from a member of the staff of the county department, community
16agency, public agency or nonprofit charitable organization or other qualified person.
17The supervised work program or other community service work may not conflict with
18the juvenile's regular attendance at school. Subject to par. (d), the amount of work
19required shall be reasonably related to the seriousness of the juvenile's offense.
AB130-SSA1,289,220 (c) 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 supervised work program or other community service work may,
23for purposes of performing the supervised work or other community service work, be
24employed or perform any duties under any circumstances in which a juvenile 14 or

115 years of age is permitted to be employed or perform duties under ch. 103 or any
2rule or order under ch. 103.
AB130-SSA1,289,53 (d) Under this subsection, a juvenile who is under 14 years of age may not be
4required to perform more than 40 total hours of supervised work or other community
5service work, except as provided in subs. (13r) and (14t).
AB130-SSA1,289,9 6(5m) Community service work program. Order the juvenile to participate in
7a youth corps program, as defined in s. 106.40 (1) (dm) or another community service
8work program, if the sponsor of the program approves the juvenile's participation in
9the program.
AB130-SSA1,289,12 10(5r) Victim-offender mediation program. Order the juvenile to participate in
11a victim-offender mediation program if the victim of the juvenile's delinquent act
12agrees.
AB130-SSA1,289,15 13(6) Special treatment or care. (a) If the juvenile is in need of special treatment
14or care, as identified in an evaluation under s. 938.295 and the report under s. 938.33
15(1), order the juvenile's parent to provide the special treatment or care.
AB130-SSA1,289,2016 (am) An order of special treatment or care under this subsection may include
17an order committing the juvenile to a county department under s. 51.42 or 51.437 for
18special treatment or care in an inpatient facility, as defined in s. 51.01 (10), if the
19evaluation under s. 938.295 and the report under s. 938.33 (1) indicate all of the
20following:
AB130-SSA1,289,2121 1. That the juvenile has an alcohol or other drug abuse impairment.
AB130-SSA1,289,2322 2. That the juvenile is a proper subject for treatment and is in need of inpatient
23treatment because appropriate treatment is not available on an outpatient basis.
AB130-SSA1,289,2424 (ap) An order under par. (am) is subject to all of the following:
AB130-SSA1,289,2525 1. The commitment may total not more than 30 days.
AB130-SSA1,290,3
12. The use of commitment to a county department under s. 51.42 or 51.437 as
2a disposition under par. (am) is subject to the adoption of a resolution by the county
3board of supervisors under s. 938.06 (5) authorizing the use of that disposition.
AB130-SSA1,290,124 (ar) If the parent fails or is financially unable to provide the special treatment
5or care ordered under par. (a) or (am), the court may order an appropriate agency to
6provide the special treatment or care whether or not legal custody has been taken
7from the parents. If the court orders a county department under s. 51.42 or 51.437
8to provide special treatment or care under par. (a) or (am), the provision of that
9special treatment or care shall be subject to conditions specified in ch. 51, except that
10an order under par. (am) may not be extended. An order of special treatment or care
11under this subsection may not include an order for the administration of
12psychotropic medication.
AB130-SSA1,290,1413 (b) Payment for alcohol and other drug abuse services ordered under par. (a)
14shall be in accordance with s. 938.361.
AB130-SSA1,290,1715 (c) Payment for services provided under ch. 51 that are ordered under par. (a),
16other than alcohol and other drug abuse services, shall be in accordance with s.
17938.362.
AB130-SSA1,290,21 18(6m) Integrated service plan. If the report prepared under s. 938.33 (1)
19recommends that the juvenile is in need of an integrated service plan and if an
20integrated service program under s. 46.56 has been established in the county, order
21that an integrated service plan be developed and implemented.
AB130-SSA1,291,7 22(6r) Alcohol or drug treatment or education. (a) If the report prepared
23under s. 938.33 (1) recommends that the juvenile is in need of treatment for the use
24or abuse of alcohol beverages or controlled substances and its medical, personal,
25family or social effects, the court may order the juvenile to enter an outpatient alcohol

1and other drug abuse treatment program at an approved treatment facility. The
2approved treatment facility shall, under the terms of a service agreement between
3the county and the approved treatment facility, or with the written informed consent
4of the juvenile or the juvenile's parent if the juvenile has not attained the age of 12,
5report to the agency primarily responsible for providing services to the juvenile as
6to whether the juvenile is cooperating with the treatment and whether the treatment
7appears to be effective.
AB130-SSA1,291,168 (b) If the report prepared under s. 938.33 (1) recommends that the juvenile is
9in need of education relating to the use of alcohol beverages or controlled substances,
10the court may order the juvenile to participate in an alcohol or other drug abuse
11education program approved by the court. The person or agency that provides the
12education program shall, under the terms of a service agreement between the county
13and the education program, or with the written informed consent of the juvenile or
14the juvenile's parent if the juvenile has not attained the age of 12, report to the agency
15primarily responsible for providing services to the juvenile about the juvenile's
16attendance at the program.
AB130-SSA1,291,1917 (c) Payment for the court-ordered treatment or education under this
18subsection in counties that have a pilot program under s. 938.547 shall be in
19accordance with s. 938.361.
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