AB130-SSA1,26,3
2448.10 Power of the judge to act as intake worker. The duties of the intake
25worker may be carried out from time to time by the judge at his or her discretion, but
1if a recommendation to file a petition is made
, a citation is issued or an informal
2disposition is entered into, the judge shall be disqualified from participating further
3in the proceedings.
AB130-SSA1,26,119
48.13
(4) Whose parent or guardian signs the petition requesting jurisdiction
10and states that he or she is unable to care for
, control or provide necessary special
11treatment or care for the child;
AB130-SSA1,26,2118
48.135
(1) If a child alleged to be
delinquent or in need of protection or services
19is before the court and it appears that the child is developmentally disabled, mentally
20ill or drug dependent or suffers from alcoholism, the court may proceed under ch. 51
21or 55.
AB130-SSA1,27,6
2448.15 Jurisdiction of other courts to determine legal custody. Nothing
25contained in ss.
48.12, 48.13 and 48.14 deprives other courts of the right to determine
1the legal custody of children by habeas corpus or to determine the legal custody or
2guardianship of children if the legal custody or guardianship is incidental to the
3determination of causes pending in the other courts. But the jurisdiction of the court
4assigned to exercise jurisdiction under this chapter
and ch. 938 is paramount in all
5cases involving children alleged to come within the provisions of ss.
48.12, 48.13 and
648.14.
AB130-SSA1,28,9
148.185
(1) Subject to sub. (3), venue Venue for any proceeding under ss.
48.12, 248.125, 48.13, 48.135
, and 48.14 (1) to (9)
and 48.18 may be in any of the following:
3the county where the child resides, the county where the child is present or, in the
4case of a violation of a state law or a county, town or municipal ordinance, the county
5where the violation occurred. Venue for proceedings brought under subch. VIII is as
6provided in this subsection except where the child has been placed and is living
7outside the home of the child's parent pursuant to a dispositional order, in which case
8venue is as provided in sub. (2). Venue for a proceeding under s. 48.14 (10) is as
9provided in s. 801.50 (5s).
AB130-SSA1,28,1614
48.19
(1) (d) 6. The child has violated the terms of court-ordered supervision
15or aftercare supervision administered by the department or a county department
or
16of corrective sanctions supervision administered by the department.
AB130-SSA1, s. 105
17Section
105. 48.19 (1) (d) 6. of the statutes, as affected by 1995 Wisconsin Acts
1827 and .... (this act), is repealed.
AB130-SSA1,29,3
148.20
(2) (ag) Except as provided in pars. (b) to
(g) (d), a person taking a child
2into custody shall make every effort to release the child immediately to the child's
3parent, guardian or legal custodian.
AB130-SSA1,29,2010
48.20
(3) If the child is released under sub. (2) (b) to (d)
or (g), the person who
11took the child into custody shall immediately notify the child's parent, guardian and
12legal custodian of the time and circumstances of the release and the person, if any,
13to whom the child was released. If the child is not released under sub. (2), the person
14who took the child into custody shall arrange in a manner determined by the court
15and law enforcement agencies for the child to be interviewed by the intake worker
16under s. 48.067 (2), and shall make a statement in writing with supporting facts of
17the reasons why the child was taken into physical custody and shall give any child
1812 years of age or older a copy of the statement in addition to giving a copy to the
19intake worker. When the intake interview is not done in person, the report may be
20read to the intake worker.
AB130-SSA1,30,222
48.20
(7) (a) When a child is interviewed by an intake worker, the intake worker
23shall inform any child
possibly involved in a delinquent act of his or her right to
24counsel and the right against self-incrimination. If the child
who is alleged to be in
1need of protection or services and
who is 12 years of age or older
, the intake worker
2shall inform the child of his or her right to counsel.
AB130-SSA1,30,257
48.20
(8) If a child is held in custody, the intake worker shall notify the child's
8parent, guardian and legal custodian of the reasons for holding the child in custody
9and of the child's whereabouts unless there is reason to believe that notice would
10present imminent danger to the child. If a child who has violated the terms of
11aftercare supervision administered by the department of corrections or a county
12department is held in custody, the intake worker shall also notify the department of
13corrections or county department, whichever has supervision over the child, of the
14reasons for holding the child in custody, of the child's whereabouts and of the time
15and place of the detention hearing required under s. 48.21. The parent, guardian and
16legal custodian shall also be notified of the time and place of the detention hearing
17required under s. 48.21, the nature and possible consequences of that hearing, and
18the right to present and cross-examine witnesses at the hearing. If the parent,
19guardian or legal custodian is not immediately available, the intake worker or
20another person designated by the court shall provide notice as soon as possible.
21When the child is alleged to be in need of protection or services and is 12 years of age
22or older,
or is alleged to have committed a delinquent act, the child shall receive the
23same notice about the detention hearing as the parent, guardian or legal custodian.
24The intake worker shall notify both the child and the child's parent, guardian or legal
25custodian.
AB130-SSA1,31,42
48.205
(1) (a) Probable cause exists to believe that if the child is not held he or
3she will
commit injury to the person or property of others or cause injury to himself
4or herself or be subject to injury by others;
AB130-SSA1,31,107
48.205
(1) (c) Probable cause exists to believe that the child will run away or
8be taken away so as to be unavailable for proceedings of the court or its officers or
9proceedings of the division of hearings and appeals in the department of
10administration for revocation of aftercare
or corrective sanctions supervision.
AB130-SSA1, s. 121
11Section
121. 48.205 (1) (c) of the statutes, as affected by 1995 Wisconsin Acts
1227, section 2436p, and .... (this act), is repealed and recreated to read:
AB130-SSA1,31,1413
48.205
(1) (c) Probable cause exists to believe that the child will run away or
14be taken away so as to be unavailable for proceedings of the court or its officers.
AB130-SSA1,31,2317
48.208
(1) Probable cause exists to believe that the child has committed a
18delinquent act and either presents a substantial risk of physical harm to another
19person or a substantial risk of running away as evidenced by a previous act or
20attempt so as to be unavailable for a court hearing or a revocation hearing for
21children on aftercare
or corrective sanctions supervision. For children on aftercare
22or corrective sanctions supervision, the delinquent act referred to in this section may
23be the act for which the child was placed in a secured correctional facility.
AB130-SSA1, s. 123
24Section
123. 48.208 (1) of the statutes, as affected by 1995 Wisconsin Acts 27
25and .... (this act), is repealed.
AB130-SSA1,32,165
48.21
(1) (a) If a child who has been taken into custody is not released under
6s. 48.20, a hearing to determine whether the child shall continue to be held in custody
7under the criteria of ss. 48.205 to 48.209 shall be conducted by the judge or juvenile
8court commissioner within 24 hours of the time the decision to hold the child was
9made, excluding Saturdays, Sundays and legal holidays. By the time of the hearing
10a petition under s. 48.25 shall be filed, except that no petition need be filed where a
11child is taken into custody under s. 48.19 (1) (b) or (d) 2.
, 6. or 7. or where the child
12is a runaway from another state, in which case a written statement of the reasons
13for holding a child in custody shall be substituted if the petition is not filed. If no
14hearing has been held within 24 hours or if no petition or statement has been filed
15at the time of the hearing, the child shall be released except as provided in par. (b).
16A parent not present at the hearing shall be granted a rehearing upon request.
AB130-SSA1,32,2219
48.21
(3) Proceedings concerning children in need of protection or
20services. (intro.) Proceedings concerning a child who comes within the jurisdiction
21of the court under s. 48.13
(1) to (5) or (8) to (11) shall be conducted according to this
22subsection.
AB130-SSA1,33,53
48.227
(4) (b) If, in addition to jurisdiction under par. (c), the court has
4jurisdiction over the child under ss.
48.12 48.13 to 48.14, excluding s. 48.14 (8),
or
5under ss. 938.12 to 938.14, a hearing may be held under s. 48.21
or 938.21.
AB130-SSA1,33,197
48.227
(4) (e) 2. That, with the consent of the child and the runaway home, the
8child remain in the care of the runaway home for a period of not more than 20 days.
9Without further proceedings, the child shall be released whenever the child
10indicates, either by statement or conduct, that he or she wishes to leave the home or
11whenever the runaway home withdraws its consent. During this time period not to
12exceed 20 days ordered by the court, the child's parent, guardian or legal custodian
13may not remove the child from the home but may confer with the child or with the
14person operating the home. If, at the conclusion of the time period ordered by the
15court the child has not left the home, and no petition concerning the child has been
16filed under s.
48.12 or 48.13
, 938.12 or 938.13, the child shall be released from the
17home. If a petition concerning the child has been filed under s.
48.12 or 48.13
, 938.12
18or 938.13, the child may be held in temporary physical custody under ss. 48.20 to
1948.21
or 938.20 to 938.21.
AB130-SSA1,34,422
48.23
(1) (a) Any child
alleged to be delinquent under s. 48.12 or held in a secure
23detention facility shall be represented by counsel at all stages of the proceedings, but
24a child 15 years of age or older may waive counsel if the court is satisfied that the
25waiver is knowingly and voluntarily made and the court accepts the waiver.
If the
1waiver is accepted, the court may not place the child in a secured correctional facility,
2transfer supervision of the child to the department of corrections for participation in
3the serious juvenile offender program or transfer jurisdiction over the child to adult
4court.
