AB130-SSA1,346,15
12(3) Time. The agency shall file the permanency plan with the court within 60
13days after the date on which the juvenile was first held in physical custody or placed
14outside of his or her home under a court order, except under either of the following
15conditions:
AB130-SSA1,346,2316
(a) If the juvenile is alleged to be delinquent and is being held in a secure
17detention facility, juvenile portion of a county jail or shelter care facility, and the
18agency intends to recommend that the juvenile be placed in a secured correctional
19facility or a secured child caring institution, the agency is not required to submit the
20permanency plan unless the court does not accept the recommendation of the agency.
21If the court places the juvenile in any facility outside of the juvenile's home other than
22a secured correctional facility or a secured child caring institution, the agency shall
23file the permanency plan with the court within 60 days after the date of disposition.
AB130-SSA1,347,3
1(b) If the juvenile is held for less than 60 days in a secure detention facility,
2juvenile portion of a county jail or a shelter care facility, no permanency plan is
3required if the juvenile is returned to his or her home within that period.
AB130-SSA1,347,5
4(4) Contents of plan. The permanency plan shall include a description of all
5of the following:
AB130-SSA1,347,86
(a) The services offered and any service provided in an effort to prevent holding
7or placing the juvenile outside of his or her home, and to make it possible for the
8juvenile to return home.
AB130-SSA1,347,109
(b) The basis for the decision to hold the juvenile in custody or to place the
10juvenile outside of his or her home.
AB130-SSA1,347,1211
(c) The location and type of facility in which the juvenile is currently held or
12placed, and the location and type of facility in which the juvenile will be placed.
AB130-SSA1,347,1513
(d) If the juvenile is living more than 60 miles from his or her home,
14documentation that placement within 60 miles of the juvenile's home is either
15unavailable or inappropriate.
AB130-SSA1,347,2016
(e) The appropriateness of the placement and of the services provided to meet
17the needs of the juvenile and family, including a discussion of services that have been
18investigated and considered and are not available or likely to become available
19within a reasonable time to meet the needs of the juvenile or, if available, why such
20services are not appropriate.
AB130-SSA1,347,2421
(f) The services that will be provided to the juvenile, the juvenile's family and
22the juvenile's foster parent, the juvenile's treatment foster parent or the operator of
23the facility where the juvenile is living to carry out the dispositional order, including
24services planned to accomplish all of the following:
AB130-SSA1,348,2
11. Ensure proper care and treatment of the juvenile and promote stability in
2the placement.
AB130-SSA1,348,43
2. Meet the juvenile's physical, emotional, social, educational and vocational
4needs.
AB130-SSA1,348,75
3. Improve the conditions of the parents' home to facilitate the return of the
6juvenile to his or her home, or, if appropriate, obtain an alternative permanent
7placement for the juvenile.
AB130-SSA1,348,108
(g) The conditions, if any, upon which the juvenile will be returned to his or her
9home, including any changes required in the parents' conduct, the juvenile's conduct
10or the nature of the home.
AB130-SSA1,348,21
11(5) Plan review. (a) The court or a panel appointed under this paragraph shall
12review the permanency plan every 6 months from the date on which the juvenile was
13first held in physical custody or placed outside of his or her home. If the court elects
14not to review the permanency plan, the court shall appoint a panel to review the
15permanency plan. The panel shall consist of 3 persons who are either designated by
16an independent agency that has been approved by the chief judge of the judicial
17administrative district or designated by the agency that prepared the permanency
18plan. A voting majority of persons on each panel shall be persons who are not
19employed by the agency that prepared the permanency plan and who are not
20responsible for providing services to the juvenile or the parents of the juvenile whose
21permanency plan is the subject of the review.
AB130-SSA1,349,222
(am) The court may appoint an independent agency to designate a panel to
23conduct a permanency plan review under par. (a). If the court appoints an
24independent agency under this paragraph, the county department of the county of
1the court shall authorize and contract for the purchase of services from the
2independent agency.
AB130-SSA1,349,143
(b) The court or the agency shall notify the parents of the juvenile, the juvenile
4if he or she is 10 years of age or older and the juvenile's foster parent, the juvenile's
5treatment foster parent or the operator of the facility in which the juvenile is living
6of the date, time and place of the review, of the issues to be determined as part of the
7review, of the fact that they may submit written comments not less than 10 working
8days before the review and of the fact that they may participate in the review. The
9court or agency shall notify the person representing the interests of the public, the
10juvenile's counsel and the juvenile's guardian ad litem of the date of the review, of
11the issues to be determined as part of the review and of the fact that they may submit
12written comments not less than 10 working days before the review. The notices
13under this paragraph shall be provided in writing not less than 30 days before the
14review and copies of the notices shall be filed in the juvenile's case record.
AB130-SSA1,349,1515
(c) The court or the panel shall determine each of the following:
AB130-SSA1,349,1616
1. The continuing necessity for and the appropriateness of the placement.
AB130-SSA1,349,1817
2. The extent of compliance with the permanency plan by the agency and any
18other service providers, the juvenile's parents and the juvenile.
AB130-SSA1,349,2119
3. The extent of any efforts to involve appropriate service providers in addition
20to the agency's staff in planning to meet the special needs of the juvenile and the
21juvenile's parents.
AB130-SSA1,349,2422
4. The progress toward eliminating the causes for the juvenile's placement
23outside of his or her home and toward returning the juvenile to his or her home or
24obtaining a permanent placement for the juvenile.
AB130-SSA1,350,3
15. The date by which it is likely that the juvenile will be returned to his or her
2home, placed for adoption, placed under legal guardianship or otherwise
3permanently placed.
AB130-SSA1,350,64
6. If the juvenile has been placed outside of his or her home for 2 years or more,
5the appropriateness of the permanency plan and the circumstances which prevent
6the juvenile from any of the following:
AB130-SSA1,350,77
a. Being returned to his or her home.
AB130-SSA1,350,98
b. Having a petition for the involuntary termination of parental rights filed on
9behalf of the juvenile.
AB130-SSA1,350,1010
c. Being placed for adoption.
AB130-SSA1,350,1111
d. Being placed in sustaining care.
AB130-SSA1,350,1312
7. Whether reasonable efforts were made by the agency to make it possible for
13the juvenile to return to his or her home.
AB130-SSA1,350,2314
(d) Notwithstanding s. 938.78 (2) (a), the agency that prepared the permanency
15plan shall, at least 5 days before a review by a review panel, provide to each person
16appointed to the review panel, the person representing the interests of the public, the
17juvenile's counsel and the juvenile's guardian ad litem a copy of the permanency plan
18and any written comments submitted under par. (b). Notwithstanding s. 938.78 (2)
19(a), a person appointed to a review panel, the person representing the interests of the
20public, the juvenile's counsel and the juvenile's guardian ad litem may have access
21to any other records concerning the juvenile for the purpose of participating in the
22review. A person permitted access to a juvenile's records under this paragraph may
23not disclose any information from the records to any other person.
AB130-SSA1,351,424
(e) Within 30 days, the agency shall prepare a written summary of the
25determinations under par. (c) and shall provide a copy to the court that entered the
1order, the juvenile or the juvenile's counsel or guardian ad litem, the person
2representing the interests of the public, the juvenile's parent or guardian and the
3juvenile's foster parent, the juvenile's treatment foster parent or the operator of the
4facility where the juvenile is living.
AB130-SSA1,351,85
(f) If the summary prepared under par. (e) indicates that the review panel made
6recommendations that conflict with the court order or that provide for additional
7services not specified in the court order, the agency primarily responsible for
8providing services to the juvenile shall request a revision of the court order.
AB130-SSA1,351,13
9(5m) Annual report. Not later than March 1 annually, each county
10department shall submit to the department a report identifying the membership of
11the review panels appointed during the previous year, data on each of the
12determinations of the review panels required under sub. (5) (c) and any other
13information specified by the department by rule.
AB130-SSA1,351,14
14(6) Rules. The department shall promulgate rules establishing the following:
AB130-SSA1,351,1515
(a) Procedures for conducting permanency plan reviews.
AB130-SSA1,351,1616
(b) Requirements for training review panels.
AB130-SSA1,351,1917
(c) Standards for reasonable efforts to prevent placement of juveniles outside
18of their homes and to make it possible for juveniles to return to their homes if they
19have been placed outside of their homes.
AB130-SSA1,351,2020
(d) The format for permanency plans and review panel reports.
AB130-SSA1,351,2221
(e) Standards and guidelines for decisions regarding the placement of
22juveniles.
AB130-SSA1,352,2
23938.39 Disposition by court bars criminal proceeding. Disposition by
24the court of any violation of state law coming within its jurisdiction under s. 938.12
25bars any future criminal proceeding on the same matter in circuit court when the
1juvenile reaches the age of 17. This section does not affect criminal proceedings in
2circuit court which were transferred under s. 938.18.
AB130-SSA1,352,15
3938.396 Records. (1) Law enforcement officers' records of juveniles shall be
4kept separate from records of adults. Law enforcement officers' records of juveniles
5shall not be open to inspection or their contents disclosed except under sub. (1b), (1d),
6(1g), (1m), (1r), (1t) or (1v) or s. 938.293 or by order of the court. This subsection does
7not apply to representatives of the news media who wish to obtain information for
8the purpose of reporting news without revealing the identity of the juvenile involved,
9to victim-witness coordinators, to victims of a juvenile's act who wish to obtain
10information for the purpose of recovering for any loss, damage or injury suffered as
11a result of the juvenile's act, to insurance companies that wish to obtain information
12for the purpose of investigating a claim involving the juvenile, to the confidential
13exchange of information between the police and officials of the school attended by the
14juvenile or other law enforcement or social welfare agencies or to juveniles 10 years
15of age or older who are subject to the jurisdiction of the court of criminal jurisdiction.
AB130-SSA1,352,20
16(1b) If requested by the parent, guardian or legal custodian of a juvenile who
17is the subject of a law enforcement officer's report, or if requested by the juvenile, if
1814 years of age or over, a law enforcement agency may, subject to official agency
19policy, provide to the parent, guardian, legal custodian or juvenile a copy of that
20report.
AB130-SSA1,353,2
21(1d) Upon the written permission of the parent, guardian or legal custodian
22of a juvenile who is the subject of a law enforcement officer's report or upon the
23written permission of the juvenile, if 14 years of age or over, a law enforcement
24agency may, subject to official agency policy, make available to the person named in
1the permission any reports specifically identified by the parent, guardian, legal
2custodian or juvenile in the written permission.
AB130-SSA1,353,11
3(1g) If requested by the victim-witness coordinator, a law enforcement agency
4shall disclose to the victim-witness coordinator any information in its records
5relating to the enforcement of rights under the constitution, this chapter and s.
6950.04 or the provision of services under s. 950.05. The victim-witness coordinator
7may use the information only for the purpose of enforcing those rights and providing
8those services and may make that information available only as necessary to ensure
9that victims and witnesses of crimes, as defined in s. 950.02 (1m), receive the rights
10and services to which they are entitled under the constitution, this chapter and ch.
11950.
AB130-SSA1,353,16
12(1m) (a) If requested by the school district administrator of a public school
13district, a law enforcement agency may provide to the school district administrator
14any information in its records relating to the use, possession or distribution of alcohol
15or a controlled substance by a pupil enrolled in the public school district. The
16information shall be used by the school district as provided under s. 118.127 (2).
AB130-SSA1,353,2117
(b) If requested by the school district administrator of a public school district,
18a law enforcement agency may disclose to the school district administrator any
19information in its records relating to the act for which a juvenile enrolled in the public
20school district was adjudged delinquent. The information shall be used by the school
21district as provided in s. 118.127 (3).
AB130-SSA1,354,522
(c) On petition of a law enforcement agency to review pupil records, as defined
23in s. 118.125 (1) (d), other than pupil records that may be disclosed without a court
24order under s. 118.125 (2) or (2m), for the purpose of investigating alleged delinquent
25or criminal activity, the court may order the school board of the school district in
1which a juvenile is enrolled to disclose to the law enforcement agency the pupil
2records of that juvenile as necessary for the law enforcement agency to pursue its
3investigation. The law enforcement agency may use the pupil records only for the
4purpose of its investigation and may make the pupil records available only to
5employes of the law enforcement agency who are working on the investigation.
AB130-SSA1,354,11
6(1r) If requested by a victim of a juvenile's act, a law enforcement agency may
7disclose to the victim any information in its records relating to the injury, loss or
8damage suffered by the victim, including the name and address of the juvenile and
9the juvenile's parents. The victim may use and further disclose the information only
10for the purpose of recovering for the injury, damage or loss suffered as a result of the
11juvenile's act.
AB130-SSA1,354,19
12(1t) If a juvenile who has been ordered to make restitution for any injury, loss
13or damage caused by the juvenile and if the juvenile has failed to make that
14restitution within one year after the entry of the order, the victim's insurer may
15request a law enforcement agency to disclose to the insurer any information in its
16records relating to the injury, loss or damage suffered by the victim, including the
17name and address of the juvenile and the juvenile's parents. The insurer may use
18and further disclose the information only for the purpose of investigating a claim
19arising out of the juvenile's act.
AB130-SSA1,354,24
20(1v) If a law enforcement agency discloses information in its records under sub.
21(1), (1g), (1m) or (1r), the law enforcement agency shall immediately notify the
22juvenile who is the subject of the record and the juvenile's parent, guardian or legal
23custodian of that disclosure and shall immediately provide to the juvenile and the
24parent, guardian or legal custodian the information disclosed.
AB130-SSA1,355,10
1(2) (a) Records of the court assigned to exercise jurisdiction under this chapter
2and ch. 48 and of courts exercising jurisdiction under s. 938.17 (2) shall be entered
3in books or deposited in files kept for that purpose only. They shall not be open to
4inspection or their contents disclosed except by order of the court assigned to exercise
5jurisdiction under this chapter and ch. 48 or as permitted under this section. If a
6court opens for inspection or discloses the contents of a record as permitted under this
7section, the court shall immediately notify the juvenile who is the subject of the
8record and the juvenile's parent, guardian or legal custodian of that inspection or
9disclosure and shall immediately provide to the juvenile and the parent, guardian
10or legal custodian the record inspected or the information disclosed.
AB130-SSA1,355,1611
(ag) Upon request of the parent, guardian or legal custodian of a juvenile who
12is the subject of a record of a court specified in par. (a), or upon request of the juvenile,
13if 14 years of age or over, the court shall open for inspection by the parent, guardian,
14legal custodian or juvenile the records of the court relating to that juvenile, unless
15the court finds, after due notice and hearing, that inspection of those records by the
16parent, guardian or legal custodian would result in imminent danger to the juvenile.
AB130-SSA1,355,2117
(am) Upon the written permission of the parent, guardian or legal custodian
18of a juvenile who is the subject of a record of a court specified in par. (a), or upon
19request of the juvenile if 14 years of age or over, the court shall open for inspection
20by the person named in the permission any records specifically identified by the
21parent, guardian, legal custodian or juvenile in the written permission.
AB130-SSA1,356,222
(b) Upon request of the department of health and social services, the
23department of corrections or a federal agency to review court records for the purpose
24of monitoring and conducting periodic evaluations of activities as required by and
1implemented under
45 CFR 1355,
1356 and
1357, the court shall open those records
2for inspection by authorized representatives of the department or federal agency.
AB130-SSA1,356,93
(c) Upon request of a law enforcement agency to review court records for the
4purpose of investigating a crime that might constitute criminal gang activity, as
5defined in s. 941.38 (1) (b), the court shall open for inspection by authorized
6representatives of the law enforcement agency the records of the court relating to any
7juvenile who has been found to have committed a delinquent act at the request of or
8for the benefit of a criminal gang, as defined in s. 939.22 (9), that would have been
9a felony under ch. 161 or under chs. 939 to 948 if committed by an adult.
AB130-SSA1,356,1610
(d) Upon request of a court of criminal jurisdiction or a district attorney to
11review court records for the purpose of investigating and determining whether a
12person has possessed a firearm in violation of s. 941.29 (2), the court assigned to
13exercise jurisdiction under this chapter and ch. 48 shall open for inspection by
14authorized representatives of the requester the records of the court relating to any
15juvenile who has been adjudicated delinquent for an act that would be a felony if
16committed by an adult.
AB130-SSA1,356,2017
(dm) Upon request of a defense counsel to review court records for the purpose
18of preparing his or her client's defense to an allegation of delinquent or criminal
19activity, the court shall open for inspection by authorized representatives of the
20requester the records of the court relating to that client.
AB130-SSA1,357,221
(e) Upon request of the department of corrections to review court records for
22the purpose of providing, under s. 980.015 (3) (a), the department of justice or a
23district attorney with a person's offense history, the court shall open for inspection
24by authorized representatives of the department of corrections the records of the
1court relating to any juvenile who has been adjudicated delinquent for a sexually
2violent offense, as defined in s. 980.01 (6).
AB130-SSA1,357,123
(f) Upon request of the victim-witness coordinator to review court records for
4the purpose of enforcing rights under the constitution, this chapter and s. 950.04 and
5providing services under s. 950.05, the court shall open for inspection by the
6victim-witness coordinator the records of the court relating to the enforcement of
7those rights or the provision of those services. The victim-witness coordinator may
8use any information obtained under this paragraph only for the purpose of enforcing
9those rights and providing those services and may make that information available
10only as necessary to ensure that victims and witnesses of crimes, as defined in s.
11950.02 (1m), receive the rights and services to which they are entitled under the
12constitution, this chapter and ch. 950.
AB130-SSA1,357,1513
(fm) Upon request of a victim's insurer, the court shall disclose to an authorized
14representative of the requester the amount of restitution, if any, that the court has
15ordered a juvenile to make to the victim.
AB130-SSA1,357,22
16(2m) (a) Notwithstanding sub. (2), upon request, a court shall open for
17inspection by the requester the records of the court, other than reports under s.
18938.295 or 938.33 or other records that deal with sensitive personal information of
19the juvenile and the juvenile's family, relating to a juvenile who has been alleged to
20be delinquent for committing a violation specified in s. 939.62 (2m) (a) 1., 2. or 3. or
21a violation of s. 948.30 (1) or for conspiracy under s. 939.31 to commit any violation.
22The requester may further disclose the information to anyone.
AB130-SSA1,358,523
(b) Notwithstanding sub. (2), upon request, a court shall open for inspection by
24the requester the records of the court, other than reports under s. 938.295 or 938.33
25or other records that deal with sensitive personal information of the juvenile and the
1juvenile's family, relating to a juvenile who has been alleged to be delinquent for
2committing a violation that would be a felony if committed by an adult if the juvenile
3has been adjudicated delinquent at any time preceding the present proceeding and
4that previous adjudication remains of record and unreversed. The requester may
5further disclose the information to anyone.
AB130-SSA1,358,9
6(3) This section does not apply to proceedings for violation of chs. 340 to 349
7and 351 or any county or municipal ordinance enacted under ch. 349, except that this
8section does apply to proceedings for violations of ss. 342.06 (2) and 344.48 (1), and
9ss. 30.67 (1) and 346.67 when death or injury occurs.
AB130-SSA1,358,16
10(4) When a court revokes, suspends or restricts a juvenile's operating privilege
11under this chapter, the department of transportation shall not disclose information
12concerning or relating to the revocation, suspension or restriction to any person other
13than a court, district attorney, county corporation counsel, city, village or town
14attorney, law enforcement agency, or the minor whose operating privilege is revoked,
15suspended or restricted, or his or her parent or guardian. Persons entitled to receive
16this information may not disclose the information to other persons or agencies.
AB130-SSA1,359,7
17(7) (a) Notwithstanding sub. (2) (a), if a petition under s. 938.12 or 938.13 (12)
18is filed alleging that a juvenile has committed a delinquent act that would be a felony
19if committed by an adult, the court clerk shall notify the school board of the school
20district in which the juvenile is enrolled or the school board's designee of the fact that
21the petition has been filed and the nature of the delinquent act alleged in the petition.
22Notwithstanding sub. (2) (a) and subject to par. (b), if a juvenile is adjudged
23delinquent, within 5 days after the date on which the dispositional order is entered,
24the court clerk shall notify the school board of the school district in which the juvenile
25is enrolled or the school board's designee of the fact that the juvenile has been
1adjudicated delinquent, the nature of the violation committed by the juvenile and the
2disposition imposed on the juvenile under s. 938.34 as a result of that violation.
3Notwithstanding sub. (2) (a), if school attendance is a condition of a dispositional
4order under s. 938.355 (2) (b) 7., within 5 days after the date on which the
5dispositional order is entered, the court clerk shall notify the school board of the
6school district in which the juvenile is enrolled or the school board's designee of the
7fact that the juvenile's school attendance is a condition of a dispositional order.
AB130-SSA1,359,168
(b) If a juvenile is found to have committed a delinquent act at the request of
9or for the benefit of a criminal gang, as defined in s. 939.22 (9), that would have been
10a felony under ch. 161 or under chs. 939 to 948 if committed by an adult and is
11adjudged delinquent on that basis, within 5 days after the date on which the
12dispositional order is entered the court clerk shall notify the school board of the
13school district in which the juvenile is enrolled or the school board's designee of the
14fact that the juvenile has been adjudicated delinquent on that basis, the nature of
15the violation committed by the juvenile and the disposition imposed on the juvenile
16under s. 938.34 as a result of that violation.
AB130-SSA1,360,217
(bm) Notwithstanding sub. (2) (a), in addition to the disclosure made under par.
18(a) or (b), if a juvenile is adjudicated delinquent and as a result of the dispositional
19order is enrolled in a different school district from the school district in which the
20juvenile is enrolled at the time of the dispositional order, the court clerk, within 5
21days after the date on which the dispositional order is entered, shall provide the
22school board of the juvenile's new school district or the school board's designee with
23the information specified in par. (a) or (b), whichever is applicable, and, in addition,
24shall notify that school board or designee of whether the juvenile has been
25adjudicated delinquent previously by that court, the nature of any previous
1violations committed by the juvenile and the dispositions imposed on the juvenile
2under s. 938.34 as a result of those previous violations.
AB130-SSA1,360,203
(c) No information from the juvenile's court records, other than information
4disclosed under par. (a), (b) or (bm), may be disclosed to the school board of the school
5district in which the juvenile is enrolled or the school board's designee except by order
6of the court. Any information provided under this subsection to the school board of
7the school district in which the juvenile is enrolled or the school board's designee
8shall be disclosed by the school board or designee to employes of the school district
9who work directly with the juvenile or who have been determined by the school board
10or designee to have legitimate educational or safety interests in the information. A
11school district employe to whom information is disclosed under this paragraph shall
12not further disclose the information. A school board shall not use any information
13provided under this subsection as the sole basis for expelling or suspending a
14juvenile. A school board member or an employe of a school district may not be held
15personally liable for any damages caused by the nondisclosure of any information
16specified in this paragraph unless the member or employe acted with actual malice
17in failing to disclose the information. A school district may not be held liable for any
18damages caused by the nondisclosure of any information specified in this paragraph
19unless the school district or its agent acted with gross negligence or with reckless,
20wanton or intentional misconduct in failing to disclose the information.
AB130-SSA1,361,2
21(8) Notwithstanding sub. (2), if a juvenile is adjudged delinquent for an act
22that would be a felony if committed by an adult, the court clerk shall notify the
23department of justice of that fact. No other information from the juvenile's court
24records may be disclosed to the department of justice except by order of the court.
1The department of justice may disclose any information provided under this
2subsection only as part of a criminal history record search under s. 175.35 (2g) (c).
AB130-SSA1,361,53
Subchapter IX
4
Jurisdiction over
5
persons 17 or older
AB130-SSA1,361,8
6938.44 Jurisdiction over persons 17 or older. The court has jurisdiction
7over persons 17 years of age or over as provided under ss. 938.355 (4) and 938.45 and
8as otherwise specifically provided in this chapter.
AB130-SSA1,361,16
9938.45 Orders applicable to adults. (1) (a) If in the hearing of a case of
10a juvenile alleged to be delinquent under s. 938.12 or in need of protection or services
11under s. 938.13 it appears that any person 17 years of age or over has been guilty of
12contributing to, encouraging, or tending to cause by any act or omission, such
13condition of the juvenile, the court may make orders with respect to the conduct of
14such person in his or her relationship to the juvenile, including orders determining
15the ability of the person to provide for the maintenance or care of the juvenile and
16directing when, how and where funds for the maintenance or care shall be paid.
AB130-SSA1,361,2117
(b) An act or failure to act contributes to a condition of a juvenile as described
18in s. 938.12 or 938.13, although the juvenile is not actually adjudicated to come
19within the provisions of s. 938.12 or 938.13, if the natural and probable consequences
20of that act or failure to act would be to cause the juvenile to come within the
21provisions of s. 938.12 or 938.13.
AB130-SSA1,362,4
22(1m) (a) In a proceeding in which a juvenile has been adjudicated delinquent
23or has been found to be in need of protection or services under s. 938.13, the court may
24order the juvenile's parent, guardian or legal custodian to comply with any conditions
25determined by the court to be necessary for the juvenile's welfare. An order under
1this paragraph may include an order to participate in mental health treatment,
2anger management, individual or family counseling or parent training and
3education and to make a reasonable contribution, based on ability to pay, toward the
4cost of those services.
AB130-SSA1,362,75
(b) A court may not order inpatient treatment under par. (a) for a juvenile's
6parent, guardian or legal custodian. All inpatient treatment commitments or
7admissions must be conducted in accordance with ch. 51.
AB130-SSA1,362,17
8(2) No order under sub. (1) (a) or (1m) (a) may be entered until the person who
9is the subject of the contemplated order is given an opportunity to be heard on the
10contemplated order. The court shall cause notice of the time, place and purpose of
11the hearing to be served on the person personally at least 10 days before the date of
12hearing. The procedure in these cases shall, as far as practicable, be the same as in
13other cases in the court. At the hearing the person may be represented by counsel
14and may produce and cross-examine witnesses. Any person who fails to comply with
15any order issued by a court under sub. (1) (a) or (1m) (a) may be proceeded against
16for contempt of court. If the person's conduct involves a crime, the person may be
17proceeded against under the criminal law.
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18(3) If it appears at a court hearing that any person 17 or older has violated s.
19948.40, the court shall refer the record to the district attorney for criminal
20proceedings as may be warranted in the district attorney's judgment. This
21subsection does not prevent prosecution of violations of s. 948.40 without the prior
22reference by the court to the district attorney, as in other criminal cases.
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SUBCHAPTER X
24
REHEARING AND APPEAL
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1938.46 New evidence. A
juvenile whose status is adjudicated by the court
2under this chapter, or the juvenile's parent, guardian or legal custodian, may at any
3time within one year after the entering of the court's order petition the court for a
4rehearing on the ground that new evidence has been discovered affecting the
5advisability of the court's original adjudication. Upon a showing that such evidence
6does exist, the court shall order a new hearing.
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SUBCHAPTER XI
8
AUTHORITY
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9938.48 Authority of department. The department may do all of the
10following:
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11(1) Promote the enforcement of the laws relating to delinquent juveniles and
12juveniles in need of protection or services and take the initiative in all matters
13involving the interests of such juveniles where adequate provision therefor is not
14made. This duty shall be discharged in cooperation with the courts, county
15departments and licensed child welfare agencies and with parents and other
16individuals interested in the welfare of juveniles.
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17(2) Assist in extending and strengthening juvenile welfare services with
18appropriate federal agencies and in conformity with the federal social security act
19and in cooperation with parents, other individuals and other agencies so that all
20juveniles needing such services are reached.
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21(3) Accept supervision over juveniles transferred to it by the court under s.
22938.183, 938.34 (4h), (4m) or (4n) or 938.357 (4), and provide special treatment and
23care when directed by the court. Except as provided in s. 938.505 (2), a court may
24not direct the department to administer psychotropic medications to juveniles who
25receive special treatment or care under this subsection.
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1(4) Provide appropriate care and training for juveniles under its supervision
2under s. 938.183, 938.34 (4h), (4m) or (4n) or 938.357 (4); including serving those
3juveniles in their own homes, placing them in licensed foster homes or licensed
4treatment foster homes in accordance with s. 48.63 or licensed group homes,
5contracting for their care by licensed child welfare agencies or replacing them in
6juvenile correctional institutions or secured child caring institutions in accordance
7with rules promulgated under ch. 227, except that the department may not purchase
8the educational component of private day treatment programs for juveniles in its
9custody unless the department, the school board as defined in s. 115.001 (7) and the
10secretary of education all determine that an appropriate public education program
11is not available. Disputes between the department and the school district shall be
12resolved by the secretary of education.
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13(4m) Continue to provide appropriate care, training and services to any person
14who meets all of the following qualifications:
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(a) Is at least 17 years of age.
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(b) Was under the supervision of the department under s. 938.183, 938.34 (4h),
17(4m) or (4n) or 938.357 (4) when the person reached 17 years of age.
AB130-SSA1,364,1818
(c) Is less than 19 years of age.