AB130,68,96 48.27 (8) When a petition is filed under s. 48.12 or 48.13, the court shall notify,
7in writing, the child's parents or guardian that they may be ordered to reimburse this
8state or the county for the costs of legal counsel provided for the child, as provided
9under s. 48.275 (2).
AB130, s. 187 10Section 187. 48.273 (1) of the statutes is amended to read:
AB130,69,211 48.273 (1) Service of summons or notice required by s. 48.27 may be made by
12mailing a copy thereof to the persons summoned or notified. If the persons, other
13than a person specified in s. 48.27 (4m),
fail to appear at the hearing or otherwise to
14acknowledge service, a continuance shall be granted, except where the court
15determines otherwise because the child is in secure custody, and service shall be
16made personally by delivering to the persons a copy of the summons or notice; except
17that if the court is satisfied that it is impracticable to serve the summons or notice
18personally, it may make an order providing for the service of the summons or notice
19by certified mail addressed to the last-known addresses of the persons. The court
20may refuse to grant a continuance when the child is being held in secure custody, but
21in such a case the court shall order that service of notice of the next hearing be made
22personally or by certified mail to the last-known address of the person who failed to
23appear at the hearing. Personal service shall be made at least 72 hours before the
24time of the hearing. Mail shall be sent at least 7 days before the time of the hearing,
25except where the petition is filed under s. 48.13 and the person to be notified lives

1outside the state, in which case the mail shall be sent at least 14 days before the time
2of the hearing.
AB130, s. 188 3Section 188. 48.273 (3) of the statutes is amended to read:
AB130,69,8 448.273 (3) The expenses of service of summons or notice or of the publication
5of summons or notice and the traveling expenses and fees as allowed in ch. 885
6incurred by any person summoned or required to appear at the hearing of any case
7coming within the jurisdiction of the court under ss. 48.12 48.13 to 48.14, shall be a
8charge on the county when approved by the court.
AB130, s. 189 9Section 189. 48.275 (1) of the statutes is amended to read:
AB130,69,1410 48.275 (1) If the court finds a child to be delinquent under s. 48.12, in violation
11of a civil law or ordinance under s. 48.125 or
in need of protection or services under
12s. 48.13, the court shall order the parents of the child to contribute toward the
13expense of post-adjudication services to the child the proportion of the total amount
14which the court finds the parents are able to pay.
AB130, s. 190 15Section 190. 48.275 (2) (a) of the statutes is amended to read:
AB130,69,2516 48.275 (2) (a) If this state or a county provides legal counsel to a child subject
17to a proceeding under s. 48.12 or 48.13, the court shall order the child's parent to
18provide a statement of income, assets and living expenses to the county department
19and shall order that parent to reimburse the state or county in accordance with par.
20(b) or (c). The court may not order reimbursement if a parent is the complaining or
21petitioning party or if the court finds that the interests of the parent and the interests
22of the child in the proceeding are substantially and directly adverse and that
23reimbursement would be unfair to the parent. The court may not order
24reimbursement until the completion of the proceeding or until the state or county is
25no longer providing the child with legal counsel in the proceeding.
AB130, s. 191
1Section 191. 48.275 (3) of the statutes is repealed and recreated to read:
AB130,70,22 48.275 (3) This section does not apply to any proceedings under s. 48.375 (7).
AB130, s. 192 3Section 192. 48.29 (1) of the statutes is amended to read:
AB130,70,144 48.29 (1) Except as provided in sub. (1g), the The child, or the child's parent,
5guardian or legal custodian, either before or during the plea hearing, may file a
6written request with the clerk of the court or other person acting as the clerk for a
7substitution of the judge assigned to the proceeding. Upon filing the written request,
8the filing party shall immediately mail or deliver a copy of the request to the judge
9named therein. In a proceeding under s. 48.12 or 48.13 (12), only the child may
10request a substitution of the judge.
Whenever any person has the right to request
11a substitution of judge, that person's counsel or guardian ad litem may file the
12request. Not more than one such written request may be filed in any one proceeding,
13nor may any single request name more than one judge. This section shall not apply
14to proceedings under s. 48.21.
AB130, s. 193 15Section 193. 48.29 (1g) of the statutes is repealed.
AB130, s. 194 16Section 194. 48.29 (1m) of the statutes is amended to read:
AB130,70,2517 48.29 (1m) When the clerk receives a request for substitution, the clerk shall
18immediately contact the judge whose substitution has been requested for a
19determination of whether the request was made timely and in proper form. Except
20as provided in sub. (2), if
If the request is found to be timely and in proper form, the
21judge named in the request has no further jurisdiction and the clerk shall request
22the assignment of another judge under s. 751.03. If no determination is made within
237 days, the clerk shall refer the matter to the chief judge of the judicial administrative
24district for determination of whether the request was made timely and in proper form
25and reassignment as necessary.
AB130, s. 195
1Section 195. 48.29 (2) of the statutes is repealed.
AB130, s. 196 2Section 196. 48.29 (3) of the statutes is amended to read:
AB130,71,63 48.29 (3) Subsections (1) to (2) (1m) do not apply in any proceeding under s.
448.375 (7). For proceedings under s. 48.375 (7), the minor may select the judge whom
5she wishes to be assigned to the proceeding and that judge shall be assigned to the
6proceeding.
AB130, s. 197 7Section 197. 48.293 (1) of the statutes is amended to read:
AB130,71,148 48.293 (1) Copies of all peace officer reports, including but not limited to the
9officer's memorandum and witnesses' statements, shall be made available upon
10request to counsel or guardian ad litem prior to a plea hearing. The reports shall be
11available through the representative of the public designated under s. 48.09. The
12child, through counsel or guardian ad litem, is the only party who shall have access
13to the reports in proceedings under ss. 48.12, 48.125 and 48.13 (12).
The identity of
14a confidential informant may be withheld pursuant to s. 905.10.
AB130, s. 198 15Section 198. 48.293 (2) of the statutes is amended to read:
AB130,72,216 48.293 (2) All records relating to a child which are relevant to the subject
17matter of a proceeding under this chapter shall be open to inspection by a guardian
18ad litem or counsel for any party, upon demand and upon presentation of releases
19where necessary, at least 48 hours before the proceeding. Persons entitled to inspect
20the records may obtain copies of the records with the permission of the custodian of
21the records or with permission of the court. The court may instruct counsel not to
22disclose specified items in the materials to the child or the parent if the court
23reasonably believes that the disclosure would be harmful to the interests of the child.
24Sections 971.23 to 971.25 and 972.11 (5) shall be applicable in all delinquency

1proceedings under this chapter except the court shall establish the timetable for ss.
2971.23 (3), (8) and (9) and 972.11 (5).
AB130, s. 199 3Section 199. 48.295 (1c) (intro.) and (a) of the statutes are consolidated,
4renumbered 48.295 (1c) and amended to read:
AB130,72,95 48.295 (1c) Reasonable cause is considered to exist to warrant an alcohol and
6other drug abuse assessment under sub. (1) if any of the following applies: (a) The
7the multidisciplinary screen procedure conducted under s. 48.24 (2) indicates that
8the child is at risk of having needs and problems related to alcohol or other drug
9abuse.
AB130, s. 200 10Section 200. 48.295 (1c) (b) of the statutes is repealed.
AB130, s. 201 11Section 201. 48.295 (1c) (c) of the statutes is repealed.
AB130, s. 202 12Section 202. 48.295 (2) (a) of the statutes is repealed.
AB130, s. 203 13Section 203. 48.295 (2) (b) of the statutes is renumbered 48.295 (2) and
14amended to read:
AB130,73,815 48.295 (2) The examiner shall file a report of the examination with the court
16by the date specified in the order. The court shall cause copies to be transmitted to
17the district attorney or corporation counsel and to the child's counsel. The report
18shall describe the nature of the examination and identify the persons interviewed,
19the particular records reviewed and any tests administered to the child. If the
20examination is ordered following a plea under s. 48.30 (4) (c), the report shall also
21contain an opinion regarding whether the child suffered from mental disease or
22defect at the time of the commission of the act alleged in the petition and, if so,
23whether this caused the child to lack substantial capacity to appreciate the
24wrongfulness of his or her conduct or to conform his or her conduct to the
25requirements of law. If the examination is ordered following a finding that there is

1probable cause to believe that the child has committed the alleged offense and that
2there is reason to doubt the child's competency to proceed, the report shall also
3contain an opinion regarding the child's present mental capacity to understand the
4proceedings and assist in his or her defense and, if the examiner reports that the
5child lacks competency to proceed, the examiner's opinion regarding the likelihood
6that the child, if provided treatment, may be restored to competency within the time
7specified in s. 48.30 (5) (e) 1.
The report shall also state in reasonable detail the facts
8and reasoning upon which the examiner's opinions are based.
AB130, s. 204 9Section 204. 48.296 of the statutes is repealed
AB130, s. 205 10Section 205. 48.297 (2) of the statutes is amended to read:
AB130,73,1611 48.297 (2) Defenses and objections based on defects in the institution of
12proceedings, lack of probable cause on the face of the petition, insufficiency of the
13petition or a citation or invalidity in whole or in part of the statute on which the
14petition or a citation is founded shall be raised not later than 10 days after the plea
15hearing or be deemed waived. Other motions capable of determination without trial
16may be brought any time before trial.
AB130, s. 206 17Section 206. 48.297 (3) of the statutes is amended to read:
AB130,73,2318 48.297 (3) Motions to suppress evidence as having been illegally seized or
19statements illegally obtained shall be made before fact-finding on the issues. The
20court may entertain the motion at the fact-finding hearing if it appears that a party
21is surprised by the attempt to introduce such evidence and that party waives
22jeopardy. Only the child may waive jeopardy in cases under s. 48.12, 48.125 or 48.13
23(12).
AB130, s. 207 24Section 207. 48.297 (5) of the statutes is amended to read:
AB130,74,4
148.297 (5) If the child is in custody and the court grants a motion to dismiss
2based upon a defect in the petition or a citation or in the institution of the
3proceedings, the court may order the child continued in custody for not more than 48
4hours pending the filing of a new petition or citation.
AB130, s. 208 5Section 208. 48.299 (1) (a) of the statutes is amended to read:
AB130,74,176 48.299 (1) (a) The general public shall be excluded from hearings under this
7chapter and from hearings by courts exercising jurisdiction under s. 48.16 or 48.17
8(2)
unless a public fact-finding hearing is demanded by a child through his or her
9counsel. However, the court shall refuse to grant the public hearing if the victim of
10an alleged sexual assault objects or,
in a nondelinquency proceeding other than a
11proceeding under s. 48.375 (7), if a parent or guardian objects. All hearings under
12s. 48.375 (7) shall be held in chambers, unless a public fact-finding hearing is
13demanded by the child through her counsel. If a public hearing is not held, only the
14parties, their counsel, witnesses and other persons requested by a party and
15approved by the court may be present. Except in a proceeding under s. 48.375 (7),
16any other person the court finds to have a proper interest in the case or in the work
17of the court, including a member of the bar, may be admitted by the court.
AB130, s. 209 18Section 209. 48.299 (1) (am) of the statutes is repealed.
AB130, s. 210 19Section 210. 48.299 (4) (a) of the statutes is amended to read:
AB130,74,2220 48.299 (4) (a) Chapters 901 to 911 shall govern the presentation of evidence at
21the fact-finding hearings under ss. 48.31 and 48.42. Section 972.11 (5) applies at
22fact-finding proceedings in all delinquency proceedings under this chapter.
AB130, s. 211 23Section 211. 48.299 (4) (b) of the statutes is amended to read:
AB130,75,1224 48.299 (4) (b) Except as provided in s. 901.05, neither common law nor
25statutory rules of evidence are binding at a waiver hearing under s. 48.18, a hearing

1for a child held in custody under s. 48.21, a runaway home hearing under s. 48.227
2(4), a hearing under s. 48.296 (4) for a child who is alleged to have violated s. 940.225,
3948.02, 948.025, 948.05 or 948.06,
a dispositional hearing, or a hearing about
4changes in placement, revision of dispositional orders or extension of dispositional
5orders. At those hearings, the court shall admit all testimony having reasonable
6probative value, but shall exclude immaterial, irrelevant or unduly repetitious
7testimony or evidence that is inadmissible under s. 901.05. Hearsay evidence may
8be admitted if it has demonstrable circumstantial guarantees of trustworthiness.
9The court shall give effect to the rules of privilege recognized by law. The court shall
10apply the basic principles of relevancy, materiality and probative value to proof of all
11questions of fact. Objections to evidentiary offers and offers of proof of evidence not
12admitted may be made and shall be noted in the record.
AB130, s. 212 13Section 212. 48.30 (1) of the statutes is amended to read:
AB130,75,2414 48.30 (1) Except as provided in this subsection, the hearing to determine the
15child's plea to a citation or a petition under s. 48.12, 48.125 or 48.13 (12), or
to
16determine whether any party wishes to contest an allegation that the child is in need
17of protection or services, shall take place on a date which allows reasonable time for
18the parties to prepare but is within 30 days after the filing of a petition or issuance
19of a citation
for a child who is not being held in secure custody or within 10 days after
20the filing of a petition or issuance of a citation for a child who is being held in secure
21custody. In a municipal court operated jointly by 2 or more cities, towns or villages
22under s. 755.01 (4), the hearing to determine the child's plea shall take place within
2345 days after the filing of a petition or issuance of a citation for a child who is not being
24held in secure custody.
AB130, s. 213 25Section 213. 48.30 (2) of the statutes is amended to read:
AB130,76,10
148.30 (2) At the commencement of the hearing under this section the child and
2the parent, guardian or legal custodian shall be advised of their rights as specified
3in s. 48.243 and shall be informed that a request for a jury trial or for a substitution
4of judge under s. 48.29 must be made before the end of the plea hearing or be waived,
5except where the child is before the court on a uniform municipal citation, issued
6under ch. 800 in which case the court shall inform the child that a request for a jury
7trial may be made at any time prior to the fact-finding hearing and within 20 days
8after the plea hearing
. Nonpetitioning parties, including the child, shall be granted
9a continuance of the plea hearing if they wish to consult with an attorney on the
10request for a jury trial or substitution of a judge.
AB130, s. 214 11Section 214. 48.30 (3) of the statutes is amended to read:
AB130,76,1512 48.30 (3) If a petition alleges that a child is in need of protection or services
13under s. 48.13 (1) to (11), the nonpetitioning parties and the child, if he or she is 12
14years of age or older or is otherwise competent to do so, shall state whether they
15desire to contest the petition.
AB130, s. 215 16Section 215. 48.30 (4) of the statutes is repealed.
AB130, s. 216 17Section 216. 48.30 (5) of the statutes is repealed.
AB130, s. 217 18Section 217. 48.30 (6) of the statutes is amended to read:
AB130,77,819 48.30 (6) If a petition is not contested, the court shall set a date for the
20dispositional hearing which allows reasonable time for the parties to prepare but is
21no more than 10 days from the plea hearing for the child who is held in secure custody
22and no more than 30 days from the plea hearing for a child who is not held in secure
23custody. If it appears to the court that disposition of the case may include placement
24of the child outside the child's home, the court shall order the child's parent to provide
25a statement of income, assets, debts and living expenses to the court or the

1designated agency under s. 48.33 (1) at least 5 days before the scheduled date of the
2dispositional hearing or as otherwise ordered by the court. The clerk of court shall
3provide, without charge, to any parent ordered to provide a statement of income,
4assets, debts and living expenses a document setting forth the percentage standard
5established by the department under s. 46.25 (9) and listing the factors that a court
6may consider under s. 46.10 (14) (c). If all parties consent the court may proceed
7immediately with the dispositional hearing. If a citation is not contested, the court
8may proceed immediately to enter a dispositional order.
AB130, s. 218 9Section 218. 48.30 (7) of the statutes is amended to read:
AB130,77,1410 48.30 (7) If the citation or the petition is contested, the court shall set a date
11for the fact-finding hearing which allows reasonable time for the parties to prepare
12but is no more than 20 days from the plea hearing for a child who is held in secure
13custody and no more than 30 days from the plea hearing for a child who is not held
14in secure custody.
AB130, s. 219 15Section 219. 48.30 (8) of the statutes is amended to read:
AB130,77,1816 48.30 (8) Except when a child fails to appear in response or stipulates to a
17citation before
Before accepting an admission or plea of no contest of the alleged facts
18in a petition or citation, the court shall:
AB130,77,2119 (a) Address the parties present including the child personally and determine
20that the plea or admission is made voluntarily with understanding of the nature of
21the acts alleged in the petition or citation and the potential dispositions.
AB130,77,2522 (b) Establish whether any promises or threats were made to elicit a plea the
23plea or admission
and alert unrepresented parties to the possibility that a lawyer
24may discover defenses or mitigating circumstances which would not be apparent to
25them.
AB130,78,2
1(c) Make such inquiries as satisfactorily establishes that there is a factual basis
2for the child's plea or parent parent's and child's plea or admission.
AB130, s. 220 3Section 220. 48.30 (9) of the statutes is amended to read:
AB130,78,74 48.30 (9) If a court commissioner conducts the plea hearing and accepts an
5admission of the alleged facts in a petition brought under s. 48.12 or 48.13, the judge
6shall review the admission at the beginning of the dispositional hearing by
7addressing the parties and making the inquires set forth in sub. (8).
AB130, s. 221 8Section 221. 48.30 (10) of the statutes is amended to read:
AB130,78,119 48.30 (10) The court may permit any party to participate in hearings under this
10section by telephone or live audio-visual means except a child who intends to admit
11the facts of a delinquency petition
.
AB130, s. 222 12Section 222. 48.31 (1) of the statutes is amended to read:
AB130,78,1713 48.31 (1) In this section, "fact-finding hearing" means a hearing to determine
14if the allegations of a petition under s. 48.12 or 48.13 (12) are supported beyond a
15reasonable doubt or
a hearing to determine if the allegations in a petition or citation
16under s. 48.125 or 48.13 (1) to (11) or a petition to terminate parental rights are
17proved by clear and convincing evidence.
AB130, s. 223 18Section 223. 48.31 (2) of the statutes is amended to read:
AB130,79,519 48.31 (2) The hearing shall be to the court unless the child, parent, guardian
20or legal custodian exercises the right to a jury trial by demanding a jury trial at any
21time before or during the plea hearing. Chapters 756 and 805 shall govern the
22selection of jurors except that ss. 972.03 and 972.04 shall apply in cases in which the
23juvenile is alleged to be delinquent under s. 48.12
. If the hearing involves a child
24victim or witness, as defined in s. 950.02, the court may order the taking and allow
25the use of a videotaped deposition under s. 967.04 (7) to (10) and, with the district

1attorney, shall comply with s. 971.105. At the conclusion of the hearing, the court or
2jury shall make a determination of the facts. If the court finds that the child is not
3within the jurisdiction of the court or the court or jury finds that the facts alleged in
4the petition or citation have not been proved, the court shall dismiss the petition or
5citation
with prejudice.
AB130, s. 224 6Section 224. 48.31 (4) of the statutes is amended to read:
AB130,79,257 48.31 (4) The court or jury shall make findings of fact and the court shall make
8conclusions of law relating to the allegations of a petition filed under s. 48.13 (1) to
9(11m)
. In cases alleging a child to be in need of protection or services under s. 48.13
10(11), the court shall not find that the child is suffering serious emotional damage
11unless a licensed physician specializing in psychiatry or a licensed psychologist
12appointed by the court to examine the child has testified at the hearing that in his
13or her opinion the condition exists, and adequate opportunity for the
14cross-examination of the physician or psychologist has been afforded. The judge
15may use the written reports if the right to have testimony presented is voluntarily,
16knowingly and intelligently waived by the guardian ad litem or legal counsel for the
17child and the parent or guardian. In cases alleging a child to be in need of protection
18and services under s. 48.13 (11m), the court shall not find that the child is in need
19of treatment and education for needs and problems related to the use or abuse of
20alcohol beverages or controlled substances and its medical, personal, family or social
21effects unless an assessment for alcohol and other drug abuse that conforms to the
22criteria specified under s. 48.547 (4) has been conducted by an approved treatment
23facility. In cases alleging a child delinquent or in need of protection or services under
24s. 48.13 (12) the court shall make findings relating to the proof of the violation of law
25and to the proof that the child named in the petition committed the violation alleged.
AB130, s. 225
1Section 225. 48.32 (1) of the statutes is amended to read:
AB130,80,132 48.32 (1) At any time after the filing of a petition for a proceeding relating to
3s. 48.12 or 48.13 and before the entry of judgment, the judge or juvenile court
4commissioner may suspend the proceedings and place the child under supervision
5in the child's own home or present placement. The court may establish terms and
6conditions applicable to the parent, guardian or legal custodian, and to the child,
7including any conditions specified in subs. (1d), (1g) and (1t)
. The order under this
8section shall be known as a consent decree and must be agreed to by the child if 12
9years of age or older; the parent, guardian or legal custodian; and the person filing
10the petition under s. 48.25. If the consent decree includes any conditions specified
11in sub. (1g), the consent decree shall include provisions for payment of the services
12as specified in s. 48.361.
The consent decree shall be reduced to writing and given
13to the parties.
AB130, s. 226 14Section 226. 48.32 (1d) of the statutes is repealed.
AB130, s. 227 15Section 227. 48.32 (1g) of the statutes is repealed.
AB130, s. 228 16Section 228. 48.32 (1r) of the statutes is repealed.
AB130, s. 229 17Section 229. 48.32 (1t) of the statutes is repealed.
AB130, s. 230 18Section 230. 48.32 (2) (a) of the statutes is amended to read:
AB130,80,2119 48.32 (2) (a) Except as provided in par. (b), a A consent decree shall remain in
20effect up to 6 months unless the child, parent, guardian or legal custodian is
21discharged sooner by the judge or juvenile court commissioner.
AB130, s. 231 22Section 231. 48.32 (2) (b) of the statutes is repealed.
AB130, s. 232 23Section 232. 48.32 (4) of the statutes is repealed.
AB130, s. 233 24Section 233. 48.32 (5) (a) of the statutes is amended to read:
AB130,81,4
148.32 (5) (a) The court refuses to enter into a consent decree and the allegations
2in the petition remain to be decided in a hearing where the child denies the
3allegations of delinquency or
one of the parties denies the allegations forming the
4basis for a child in need of protection or services petition; or
AB130, s. 234 5Section 234. 48.32 (5) (b) of the statutes is amended to read:
AB130,81,76 48.32 (5) (b) A consent decree is granted but the petition under s. 48.12 or 48.13
7is subsequently reinstated.
AB130, s. 235 8Section 235. 48.33 (1) (intro.) of the statutes is amended to read:
AB130,81,119 48.33 (1) Report required. (intro.) Before the disposition of a child adjudged
10to be delinquent or in need of protection or services the court shall designate an
11agency to submit a report which shall contain all of the following:
AB130, s. 236 12Section 236. 48.33 (3) of the statutes, as affected by 1993 Wisconsin Acts 385
13and 481, is repealed.
AB130, s. 237 14Section 237. 48.33 (3m) of the statutes, as created by 1993 Wisconsin Act 377,
15is repealed.
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