AB130-engrossed,39,2318
48.07
(4) County departments that provide developmental disabilities,
19mental health or alcohol and other drug abuse services. Within the limits of
20available state and federal funds and of county funds appropriated to match state
21funds, the court may order county departments established under s. 51.42 or 51.437
22to provide special treatment or care to a child if special treatment or care has been
23ordered under s.
48.34 48.345 (6) and if s. 48.362 (4) applies.
AB130-engrossed,40,8
148.08
(2) Except as provided in sub. (3), any Any person authorized to provide
2or providing intake or dispositional services for the court under ss. 48.067 and 48.069
3and any department of corrections staff member designated by agreement between
4the department of corrections and the department of health and social services has
5the power of police officers and deputy sheriffs only for the purpose of taking a child
6into physical custody when the child comes voluntarily or is suffering from illness or
7injury or is in immediate danger from his or her surroundings and removal from the
8surroundings is necessary.
AB130-engrossed,40,19
1548.10 Power of the judge to act as intake worker. The duties of the intake
16worker may be carried out from time to time by the judge at his or her discretion, but
17if a recommendation to file a petition is made
, a citation is issued or an informal
18disposition is entered into, the judge shall be disqualified from participating further
19in the proceedings.
AB130-engrossed,40,2321
48.12
(1) The court has exclusive jurisdiction, except as provided in ss. 48.17,
2248.18 and 48.183, over any child
who is less than 17 years of age and 12 years of age
23or older
and who is alleged to be delinquent as defined in s. 48.02 (3m).
AB130-engrossed,41,8
148.12
(2) If a court proceeding has been commenced under this section before
2a child is
18 17 years of age, but the child becomes
18 17 years of age before admitting
3the facts of the petition at the plea hearing or if the child denies the facts, before an
4adjudication, the court retains jurisdiction over the case to dismiss the action with
5prejudice, to waive its jurisdiction under s. 48.18, or to enter into a consent decree.
6If the court finds that the child has failed to fulfill the express terms and conditions
7of the consent decree or the child objects to the continuation of the consent decree,
8the court may waive its jurisdiction.
AB130-engrossed,41,1311
48.13
(4) Whose parent or guardian signs the petition requesting jurisdiction
12and states that he or she is unable to care for
, control or provide necessary special
13treatment or care for the child;
AB130-engrossed,41,2320
48.135
(1) If a child alleged to be
delinquent or in need of protection or services
21is before the court and it appears that the child is developmentally disabled, mentally
22ill or drug dependent or suffers from alcoholism, the court may proceed under ch. 51
23or 55.
AB130-engrossed,42,8
148.15 Jurisdiction of other courts to determine legal custody. Nothing
2contained in ss.
48.12, 48.13 and 48.14 deprives other courts of the right to determine
3the legal custody of children by habeas corpus or to determine the legal custody or
4guardianship of children if the legal custody or guardianship is incidental to the
5determination of causes pending in the other courts. But the jurisdiction of the court
6assigned to exercise jurisdiction under this chapter
and ch. 938 is paramount in all
7cases involving children alleged to come within the provisions of ss.
48.12, 48.13 and
848.14.
AB130-engrossed,42,2521
48.18
(5) (c) The adequacy and suitability of facilities, services and procedures
22available for treatment of the child and protection of the public within the juvenile
23justice system, and, where applicable, the mental health system
and the suitability
24of the child for placement in the youthful offender program under s. 48.537 or the
25adult intensive sanctions program under s. 301.048.
AB130-engrossed,43,179
48.185
(1) Subject to sub. (3), venue
Venue for any proceeding under ss.
48.12, 1048.125, 48.13, 48.135
, and 48.14 (1) to (9)
and 48.18 may be in any of the following:
11the county where the child resides, the county where the child is present or, in the
12case of a violation of a state law or a county, town or municipal ordinance, the county
13where the violation occurred. Venue for proceedings brought under subch. VIII is as
14provided in this subsection except where the child has been placed and is living
15outside the home of the child's parent pursuant to a dispositional order, in which case
16venue is as provided in sub. (2). Venue for a proceeding under s. 48.14 (10) is as
17provided in s. 801.50 (5s).
AB130-engrossed,44,222
48.19
(1) (d) 6. The child has violated the terms of court-ordered supervision
23or aftercare supervision administered by the department
of health and social
24services or a county department
, or of corrective sanctions supervision administered
1by the department
of health and social services or youthful offender supervision
2administered by the department of corrections.
AB130-engrossed,44,1210
48.20
(2) (ag) Except as provided in pars. (b) to
(g) (d), a person taking a child
11into custody shall make every effort to release the child immediately to the child's
12parent, guardian or legal custodian.
AB130-engrossed,45,419
48.20
(3) If the child is released under sub. (2) (b) to (d)
or (g), the person who
20took the child into custody shall immediately notify the child's parent, guardian and
21legal custodian of the time and circumstances of the release and the person, if any,
22to whom the child was released. If the child is not released under sub. (2), the person
23who took the child into custody shall arrange in a manner determined by the court
24and law enforcement agencies for the child to be interviewed by the intake worker
25under s. 48.067 (2), and shall make a statement in writing with supporting facts of
1the reasons why the child was taken into physical custody and shall give any child
212 years of age or older a copy of the statement in addition to giving a copy to the
3intake worker. When the intake interview is not done in person, the report may be
4read to the intake worker.
AB130-engrossed,45,106
48.20
(7) (a) When a child is interviewed by an intake worker, the intake worker
7shall inform any child
possibly involved in a delinquent act of his or her right to
8counsel and the right against self-incrimination. If the child
who is alleged to be in
9need of protection or services and
who is 12 years of age or older
, the intake worker
10shall inform the child of his or her right to counsel.
AB130-engrossed,46,815
48.20
(8) If a child is held in custody, the intake worker shall notify the child's
16parent, guardian and legal custodian of the reasons for holding the child in custody
17and of the child's whereabouts unless there is reason to believe that notice would
18present imminent danger to the child. If a child who has violated the terms of
19aftercare supervision administered by the department or a county department is
20held in custody, the intake worker shall also notify the department or county
21department, whichever has supervision over the child, of the reasons for holding the
22child in custody, of the child's whereabouts and of the time and place of the detention
23hearing required under s. 48.21. The parent, guardian and legal custodian shall also
24be notified of the time and place of the detention hearing required under s. 48.21, the
25nature and possible consequences of that hearing, the right to counsel under s. 48.23
1regardless of ability to pay, and the right to present and cross-examine witnesses at
2the hearing. If the parent, guardian or legal custodian is not immediately available,
3the intake worker or another person designated by the court shall provide notice as
4soon as possible. When the child is alleged to be in need of protection or services and
5is 12 years of age or older,
or is alleged to have committed a delinquent act, the child
6shall receive the same notice about the detention hearing as the parent, guardian or
7legal custodian. The intake worker shall notify both the child and the child's parent,
8guardian or legal custodian.
AB130-engrossed,46,1210
48.205
(1) (a) Probable cause exists to believe that if the child is not held he or
11she will
commit injury to the person or property of others or cause injury to himself
12or herself or be subject to injury by others;
AB130-engrossed,46,1915
48.205
(1) (c) Probable cause exists to believe that the child will run away or
16be taken away so as to be unavailable for proceedings of the court or its officers or
17proceedings of the division of hearings and appeals in the department of
18administration for revocation of aftercare
, or corrective sanctions
or youthful
19offender supervision.
AB130-engrossed,46,2322
48.205
(1) (c) Probable cause exists to believe that the child will run away or
23be taken away so as to be unavailable for proceedings of the court or its officers.
AB130-engrossed, s. 135r
24Section 135r. 48.208 (1) of the statutes, as affected by 1993 Wisconsin Acts 377
25and 385, is amended to read:
AB130-engrossed,47,8
148.208
(1) Probable cause exists to believe that the child has committed a
2delinquent act and either presents a substantial risk of physical harm to another
3person or a substantial risk of running away as evidenced by a previous act or
4attempt so as to be unavailable for a court hearing or a revocation hearing for
5children on aftercare
, or corrective sanctions
or youthful offender supervision. For
6children on aftercare
, or corrective sanctions
or youthful offender supervision, the
7delinquent act referred to in this section may be the act for which the child was placed
8in a secured correctional facility.
AB130-engrossed, s. 136
9Section
136. 48.208 (1) of the statutes, as affected by 1993 Wisconsin Acts 377
10and 385 and 1995 Wisconsin Act .... (this act), is repealed.
AB130-engrossed,48,215
48.21
(1) (a) If a child who has been taken into custody is not released under
16s. 48.20, a hearing to determine whether the child shall continue to be held in custody
17under the criteria of ss. 48.205 to 48.209 shall be conducted by the judge or juvenile
18court commissioner within 24 hours of the time the decision to hold the child was
19made, excluding Saturdays, Sundays and legal holidays. By the time of the hearing
20a petition under s. 48.25 shall be filed, except that no petition need be filed where a
21child is taken into custody under s. 48.19 (1) (b) or (d) 2.
, 6. or 7. or where the child
22is a runaway from another state, in which case a written statement of the reasons
23for holding a child in custody shall be substituted if the petition is not filed. If no
24hearing has been held within 24 hours or if no petition or statement has been filed
1at the time of the hearing, the child shall be released except as provided in par. (b).
2A parent not present at the hearing shall be granted a rehearing upon request.
AB130-engrossed,48,85
48.21
(3) Proceedings concerning children in need of protection or
6services. (intro.) Proceedings concerning a child who comes within the jurisdiction
7of the court under s. 48.13
(1) to (5) or (8) to (11) shall be conducted according to this
8subsection.
