AB130,231,1412 6. If the juvenile has attained the age of 10, that the juvenile participate in a
13supervised work program or other community service work in accordance with s.
14938.34 (5g) (a).
AB130,232,215 7. That the juvenile be placed with a volunteers in probation program under
16such conditions as the intake worker determines are reasonable and appropriate, if
17the juvenile is alleged to have committed an act that would constitute a misdemeanor
18if committed by an adult, if the chief judge of the judicial administrative district has
19approved under s. 973.11 (2) a volunteers in probation program established in the
20juvenile's county of residence and if the intake worker determines that volunteer
21supervision under that volunteers in probation program will likely benefit the
22juvenile and the community. The conditions that the intake worker may establish
23under this subdivision may include, but need not be limited to, a request to a
24volunteer to provide for the juvenile a role model, informal counseling, general
25monitoring and monitoring of the conditions established by the intake worker, or any

1combination of these functions, and any other deferred prosecution condition that
2the intake worker may establish under this paragraph.
AB130,232,43 (b) A deferred prosecution agreement may not include any form of residential
4placement and may not exceed one year.
AB130,232,95 (c) If the deferred prosecution agreement provides for alcohol and other drug
6abuse outpatient treatment under par. (a) 4., the juvenile and the juvenile's parent,
7guardian or legal custodian shall execute an informed consent form that indicates
8that they are voluntarily and knowingly entering into a deferred prosecution
9agreement for the provision of alcohol and other drug abuse outpatient treatment.
AB130,232,16 10(3) The obligations imposed under a deferred prosecution agreement and its
11effective date shall be set forth in writing. The judge or juvenile court commissioner
12shall receive written notice that a deferred prosecution agreement has been entered
13into and, on receipt of that notice, shall enter an order requiring compliance with that
14agreement. The juvenile and a parent, guardian and legal custodian shall receive
15a copy of the agreement and order, as shall any agency providing services under the
16agreement.
AB130,232,24 17(4) The intake worker shall inform the juvenile and the juvenile's parent,
18guardian and legal custodian in writing of their right to request the court to
19terminate the deferred prosecution agreement at any time or object at any time to
20the fact or terms of the deferred prosecution agreement. If an objection arises the
21intake worker may alter the terms of the agreement or recommend to the district
22attorney or corporation counsel that a petition be filed. If the deferred prosecution
23agreement is terminated the intake worker may recommend to the district attorney
24or corporation counsel that a petition be filed.
AB130,233,2
1(5) A deferred prosecution agreement may be terminated by the court upon the
2request of the juvenile, parent, guardian or legal custodian.
AB130,233,7 3(6) A deferred prosecution agreement arising out of an alleged delinquent act
4is terminated if the district attorney files a delinquency petition within 20 days after
5receipt of notice of the deferred prosecution agreement under s. 938.24 (5). In such
6case statements made to the intake worker during the intake inquiry are
7inadmissible.
AB130,233,18 8(7) (a) If at any time during the period of a deferred prosecution agreement the
9intake worker determines that the obligations imposed under it are not being met,
10the intake worker may cancel the deferred prosecution agreement. Within 10 days
11after the cancellation of the deferred prosecution agreement, the intake worker shall
12notify the district attorney, corporation counsel or other official under s. 938.09 of the
13cancellation and recommend whether or not a petition should be filed. In
14delinquency cases, the district attorney may initiate a petition within 20 days after
15the date of the notice regardless of whether the intake worker has recommended that
16a petition be filed. The judge shall grant appropriate relief as provided in s. 938.315
17(3) with respect to any petition which is not filed within the time limit specified in
18this subsection.
AB130,234,719 (b) In addition to the action taken under par. (a), if the intake worker cancels
20a deferred prosecution agreement based on a determination that the juvenile's
21parent, guardian or legal custodian is not meeting the obligations imposed under the
22agreement, the intake worker shall recommend to the district attorney, corporation
23counsel or other official under s. 938.09 whether or not a petition should be filed
24requesting the court to order the juvenile's parent, guardian or legal custodian to
25show good cause for not meeting the obligations imposed under the agreement. If the

1district attorney, corporation counsel or other official under s. 938.09 files a petition
2under this paragraph and if the court finds prosecutive merit for the petition, the
3court shall grant an order directing the parent, guardian or legal custodian to show
4good cause, at a time and place fixed by the court, for not meeting the obligations
5imposed under the agreement. If the parent, guardian or legal custodian does not
6show good cause for not meeting the obligations imposed under the agreement, the
7court may impose a forfeiture not to exceed $1,000.
AB130,234,12 8(8) If the obligations imposed under the deferred prosecution agreement are
9met, the intake worker shall so inform the juvenile and a parent, guardian and legal
10custodian in writing, and no petition may be filed or citation issued on the charges
11that brought about the deferred prosecution agreement nor may the charges be the
12sole basis for a petition under s. 48.13, 48.14 or 938.13.
AB130,234,15 13(9) The intake worker shall perform his or her responsibilities under this
14section under general written policies which the judge shall promulgate under s.
15938.06 (1) or (2).
AB130,234,23 16938.25 Petition: authorization to file. (1) A petition initiating proceedings
17under this chapter shall be signed by a person who has knowledge of the facts alleged
18or is informed of them and believes them to be true. If a petition under s. 938.12 is
19to be filed, it shall be prepared, signed and filed by the district attorney. The district
20attorney, corporation counsel or other appropriate official specified under s. 938.09
21may file the petition if the proceeding is under s. 938.125 or 938.13. The counsel or
22guardian ad litem for a parent, relative, guardian or juvenile may file a petition
23under s. 938.13.
AB130,235,16 24(2) (a) The district attorney, corporation counsel or other appropriate official
25shall file the petition, close the case, or refer the case back to intake within 20 days

1after the date that the intake worker's recommendation was filed. A referral back
2to intake may be made only when the district attorney, corporation counsel or other
3appropriate official decides not to file a petition or determines that further
4investigation is necessary. If the case is referred back to intake upon a decision not
5to file a petition, the intake worker shall close the case or enter into a deferred
6prosecution agreement within 20 days. If the case is referred back to intake for
7further investigation, the appropriate agency or person shall complete the
8investigation within 20 days. If another referral is made to the district attorney,
9corporation counsel or other appropriate official, it shall be considered a new referral
10to which the time limits of this subsection shall apply. The time limits in this
11subsection may only be extended by a judge upon a showing of good cause under s.
12938.315. If a petition is not filed within the time limitations set forth in this
13subsection and the court has not granted an extension, the petition shall be
14accompanied by a statement of reasons for the delay. The court shall grant
15appropriate relief as provided in s. 938.315 (3) with respect to a petition which is not
16filed within the time limits specified in this paragraph.
AB130,235,2517 (b) In delinquency cases where there has been a case closure or deferred
18prosecution agreement, the petition shall be filed within 20 days of receipt of the
19notice of closure or deferred prosecution. Failure to file within 20 days invalidates
20the petition and affirms the case closure or deferred prosecution agreement, except
21that the court shall grant appropriate relief as provided in s. 938.315 (3) with respect
22to a petition that is not field within the time limit specified in this paragraph. If a
23petition is filed within 20 days or the time permitted by the court under s. 938.315
24(3), whichever is later, the district attorney shall notify the parties to the agreement
25and the intake worker as soon as possible.
AB130,236,5
1(3) If the district attorney, corporation counsel or other appropriate official
2under s. 938.09 refuses to file a petition, any person may request the judge to order
3that the petition be filed and a hearing shall be held on the request. The judge may
4order the filing of the petition on his or her own motion. The matter may not be heard
5by the judge who orders the filing of a petition.
AB130,236,6 6(4) Section 939.74 applies to delinquency petitions filed under this subchapter.
AB130,236,9 7(5) A citation issued under s. 938.17 (2) may serve as the initial pleading and
8is sufficient to confer the court with jurisdiction over the juvenile when the citation
9is filed with the court.
AB130,236,17 10(6) If a proceeding is brought under s. 938.13, any party to or any governmental
11or social agency involved in the proceeding may petition the court to issue a
12temporary restraining order and injunction as provided in s. 813.122 or 813.125. The
13court shall follow the procedure under s. 813.122 or 813.125 except that the court
14may combine hearings authorized under s. 813.122 or 813.125 and this chapter, the
15petitioner for the temporary restraining order and injunction is not subject to the
16limitations under s. 813.122 (2) or 813.125 (2) and no fee is required regarding the
17filing of the petition under s. 813.122 or 813.125.
AB130,236,24 18938.255 Petition; form and content. (1) A petition initiating proceedings
19under this chapter, other than a petition initiating proceedings under s. 938.12 or
20938.13 (12), shall be entitled, "In the interest of (juvenile's name), a person under the
21age of 18". A petition initiating proceedings under s. 938.12 or 938.13 (12) shall be
22entitled, "In the interest of (juvenile's name), a person under the age of 17". A petition
23initiating proceedings under this chapter shall set forth with specificity all of the
24following:
AB130,236,2525 (a) The name, birth date and address of the juvenile.
AB130,237,3
1(b) The names and addresses of the juvenile's parent, guardian, legal custodian
2or spouse, if any; or if no such person can be identified, the name and address of the
3nearest relative.
AB130,237,74 (c) Whether the juvenile is in custody, and, if so, the place where the juvenile
5is being held and the time he or she was taken into custody unless there is reasonable
6cause to believe that such disclosure would result in imminent danger to the juvenile
7or physical custodian.
AB130,237,118 (d) If violation of a criminal statute, an ordinance or another law is alleged, the
9citation to the appropriate law or ordinance as well as facts sufficient to establish
10probable cause that an offense has been committed and that the juvenile named in
11the petition committed the offense.
AB130,237,1612 (e) If the juvenile is alleged to come within the provisions of s. 938. 13 (4), (6),
13(6m), (7) or (14), reliable and credible information which forms the basis of the
14allegations necessary to invoke the jurisdiction of the court and to provide reasonable
15notice of the conduct or circumstances to be considered by the court together with a
16statement that the juvenile is in need of supervision, services, care or rehabilitation.
AB130,237,18 17(2) If any of the facts in sub. (1) (a), (b) or (c) are not known or cannot be
18ascertained by the petitioner, the petition shall so state.
AB130,237,20 19(3) If the information required under sub. (1) (d) or (e) is not stated the petition
20shall be dismissed or amended under s. 938.263 (2).
AB130,237,22 21(4) A copy of the petition shall be given to the juvenile and to the parents,
22guardian, legal custodian and physical custodian.
AB130,238,2 23938.263 Amendment of petition. (1) Except as provided in s. 938.255 (3),
24no petition, process or other proceeding may be dismissed or reversed for any error
25or mistake if the case and the identity of the juvenile named in the petition may be

1readily understood by the court; and the court may order an amendment curing the
2defects.
AB130,238,7 3(2) With reasonable notification to the interested parties and prior to the
4taking of a plea under s. 938.30, the petition may be amended at the discretion of the
5court or person who filed the petition. After the taking of a plea, the court may allow
6amendment of the petition to conform to the proof if the amendment is not prejudicial
7to the juvenile.
AB130,238,13 8938.27 Notice; summons. (1) After a citation is issued or a petition has been
9filed relating to facts concerning a situation specified under s. 938.12, 938.125 or
10938.13, unless the parties under sub. (3) voluntarily appear, the court may issue a
11summons requiring the parent, guardian and legal custodian of the juvenile to
12appear personally at any hearing involving the juvenile, and, if the court so orders,
13to bring the juvenile before the court at a time and place stated.
AB130,238,15 14(2) Summons may be issued requiring the appearance of any other person
15whose presence, in the opinion of the court, is necessary.
AB130,238,25 16(3) (a) The court shall also notify, under s. 938.273, the juvenile and any parent,
17guardian and legal custodian of the juvenile of all hearings involving the juvenile
18under this subchapter, except hearings on motions for which notice need only be
19provided to the juvenile and his or her counsel. Where parents entitled to notice have
20the same place of residence, notice to one shall constitute notice to the other. The first
21notice to any interested party shall be written and have a copy of the petition
22attached to it. Thereafter, notice of hearings may be given by telephone at least 72
23hours before the time of the hearing. The person giving telephone notice shall place
24in the case file a signed statement of the time notice was given and the person to
25whom he or she spoke.
AB130,239,5
1(b) 1. Except as provided in subd. 2., if the petition that was filed relates to facts
2concerning a situation under s. 938.13 and if the juvenile is a nonmarital child who
3is not adopted or whose parents do not subsequently intermarry as provided under
4s. 767.60 and if paternity has not been established, the court shall notify, under s.
5938.273, all of the following persons:
AB130,239,66 a. A person who has filed a declaration of interest under s. 48.025.
AB130,239,97 b. A person alleged to the court to be the father of the juvenile or who may, based
8on the statements of the mother or other information presented to the court, be the
9father of the juvenile.
AB130,239,1310 2. A court is not required to provide notice, under subd. 1., to any person who
11may be the father of a juvenile conceived as a result of a sexual assault if a physician
12attests to his or her belief that there was a sexual assault of the juvenile's mother that
13may have resulted in the juvenile's conception.
AB130,239,14 14(4) The notice shall:
AB130,239,1615 (a) Contain the name of the juvenile, and the nature, location, date and time
16of the hearing.
AB130,239,1817 (b) Advise the juvenile and any other party, if applicable, of his or her right to
18legal counsel regardless of ability to pay.
AB130,240,4 19(4m) The district attorney or corporation counsel shall attempt to contact any
20known victim or alleged victim of a juvenile's act or alleged act and any known family
21member of a homicide victim or alleged homicide victim to inform them of the right
22to receive notice of any hearing under this chapter involving the juvenile. If a victim,
23alleged victim or family member of a homicide victim or of an alleged homicide victim
24indicates that he or she wishes to receive notice of any hearing under this chapter
25involving the juvenile, the district attorney or corporation counsel shall notify, under

1s. 938.273, that victim, alleged victim or family member of any hearing under this
2chapter involving the juvenile. Any failure to comply with this subsection is not a
3ground for an appeal of a judgment or dispositional order or for any court to reverse
4or modify a judgment or dispositional order.
AB130,240,8 5(5) The court shall make every reasonable effort to identify and notify any
6person who has filed a declaration of interest under s. 48.025 and any person who has
7been adjudged to be the biological father of the juvenile in a judicial proceeding
8unless the biological father's rights have been terminated.
AB130,240,10 9(7) When a citation has been issued under s. 938.17 (2) and the juvenile's parent
10or guardian has been notified of the citation, subs. (3) and (4) do not apply.
AB130,240,14 11(8) When a petition is filed under s. 938.12 or 938.13, the court shall notify, in
12writing, the juvenile's parents or guardian that they may be ordered to reimburse
13this state or the county for the costs of legal counsel provided for the juvenile, as
14provided under s. 938.275 (2).
AB130,241,6 15938.273 Service of summons or notice; expense. (1) Service of summons
16or notice required by s. 938.27 may be made by mailing a copy thereof to the persons
17summoned or notified. If the persons, other than a person specified in s. 938.27 (4m),
18fail to appear at the hearing or otherwise to acknowledge service, a continuance shall
19be granted, except where the court determines otherwise because the juvenile is in
20secure custody, and service shall be made personally by delivering to the persons a
21copy of the summons or notice; except that if the court is satisfied that it is
22impracticable to serve the summons or notice personally, it may make an order
23providing for the service of the summons or notice by certified mail addressed to the
24last-known addresses of the persons. The court may refuse to grant a continuance
25when the juvenile is being held in secure custody, but in such a case the court shall

1order that service of notice of the next hearing be made personally or by certified mail
2to the last-known address of the person who failed to appear at the hearing.
3Personal service shall be made at least 72 hours before the time of the hearing. Mail
4shall be sent at least 7 days before the time of the hearing, except where the petition
5is filed under s. 938.13 and the person to be notified lives outside the state, in which
6case the mail shall be sent at least 14 days before the time of the hearing.
AB130,241,11 7(2) Service of summons or notice required by this subchapter may be made by
8any suitable person under the direction of the court. Notification of the victim or
9alleged victim of a juvenile's act or of a family member of a homicide victim or of an
10alleged homicide victim under s. 938.27 (4m) shall be made by the district attorney
11or corporation counsel.
AB130,241,16 12(3) The expenses of service of summons or notice or of the publication of
13summons or notice and the traveling expenses and fees as allowed in ch. 885 incurred
14by any person summoned or required to appear at the hearing of any case coming
15within the jurisdiction of the court under s. 938.12, 938.125 or 938.13 shall be a
16charge on the county when approved by the court.
AB130,241,22 17938.275 Parents' contribution to cost of court and legal services. (1)
18If the court finds a juvenile to be delinquent under s. 938.12, in violation of a civil law
19or ordinance under s. 938.125 or in need of protection or services under s. 938.13, the
20court shall order the parents of the juvenile to contribute toward the expense of
21post-adjudication services to the juvenile the proportion of the total amount which
22the court finds the parents are able to pay.
AB130,242,7 23(2) (a) If this state or a county provides legal counsel to a juvenile subject to a
24proceeding under s. 938.12 or 938.13, the court shall order the juvenile's parent to
25provide a statement of income, assets and living expenses to the county department

1and shall order that parent to reimburse the state or county in accordance with par.
2(b) or (c). The court may not order reimbursement if a parent is the complaining or
3petitioning party or if the court finds that the interests of the parent and the interests
4of the juvenile in the proceeding are substantially and directly adverse and that
5reimbursement would be unfair to the parent. The court may not order
6reimbursement until the completion of the proceeding or until the state or county is
7no longer providing the juvenile with legal counsel in the proceeding.
AB130,242,158 (b) If this state provides the juvenile with legal counsel and the court orders
9reimbursement under par. (a), the county department shall determine whether the
10parent is indigent as provided under s. 977.07 and shall determine the amount of
11reimbursement. If the parent is found not to be indigent, the amount of
12reimbursement shall be the maximum amount established by the public defender
13board. If the parent is found to be indigent in part, the amount of reimbursement
14shall be the amount of partial payment determined in accordance with the rules of
15the public defender board under s. 977.02 (3).
AB130,242,2116 (c) If the county provides the juvenile with legal counsel and the court orders
17reimbursement under par. (a), the court shall either make a determination of
18indigency or shall appoint the county department to make the determination. If the
19court or the county department finds that the parent is not indigent or is indigent
20in part, the court shall establish the amount of reimbursement and shall order the
21parent to pay it.
AB130,242,2322 (cg) The court shall, upon motion by a parent, hold a hearing to review any of
23the following:
AB130,242,2424 1. An indigency determination made under par. (b) or (c).
AB130,242,2525 2. The amount of reimbursement ordered.
AB130,243,3
13. The court's finding, under par. (a), that the interests of the parent and the
2juvenile are not substantially and directly adverse and that ordering the payment
3of reimbursement would not be unfair to the parent.
AB130,243,54 (cr) Following a hearing under par. (cg), the court may affirm, rescind or modify
5the reimbursement order.
AB130,243,116 (d) Reimbursement payments shall be made to the clerk of court of the county
7where the proceedings took place. Each payment shall be transmitted to the county
8treasurer, who shall deposit 50% of the amount paid for state-provided counsel in the
9county treasury and transmit the remainder to the state treasurer for deposit in the
10general fund. The county treasurer shall deposit 100% of the amount paid for
11county-provided counsel in the county treasury.
AB130,243,1312 (dm) Within 30 days after each calendar quarter, the clerk of court for each
13county shall report to the state public defender all of the following:
AB130,243,1514 1. The total amount of reimbursement determined or ordered under par. (b) or
15(cr) for state-provided counsel during the previous calendar quarter.
AB130,243,1716 2. The total amount collected under par. (d) for state-provided counsel during
17the previous calendar quarter.
AB130,243,1918 (e) A person who fails to comply with an order under par. (b) or (c) may be
19proceeded against for contempt of court under ch. 785.
AB130,243,22 20(3) This section does not apply to the parents of a person who is subject to s.
21938.366 with respect to the costs of the person's legal representation for a hearing
22under s. 938.366.
AB130,244,3 23938.28 Failure to obey summons; capias. If any person summoned under
24this subchapter fails without reasonable cause to appear, he or she may be proceeded
25against for contempt of court. In case the summons cannot be served or the parties

1served fail to obey the same, or in any case when it appears to the court that the
2service will be ineffectual a capias may be issued for the parent or guardian or for the
3juvenile. Subchapter IV governs the taking and holding of a juvenile in custody.
AB130,244,14 4938.29 Substitution of judge. (1) Except as provided in sub. (1g), the
5juvenile, either before or during the plea hearing, may file a written request with the
6clerk of the court or other person acting as the clerk for a substitution of the judge
7assigned to the proceeding. Upon filing the written request, the juvenile shall
8immediately mail or deliver a copy of the request to the judge named therein. In a
9proceeding under s. 938.12 or 938.13 (12), only the juvenile may request a
10substitution of the judge. Whenever the juvenile has the right to request a
11substitution of judge, the juvenile's counsel or guardian ad litem may file the request.
12Not more than one such written request may be filed in any one proceeding, nor may
13any single request name more than one judge. This section shall not apply to
14proceedings under s. 938.21.
AB130,244,20 15(1g) The juvenile may not request the substitution of a judge in a proceeding
16under s. 938.12 or 938.13 (12), and the juvenile and the juvenile's parent, guardian
17or legal custodian may not request the substitution of a judge in a proceeding under
18s. 938.13 (4), (6), (6m) or (7), if the judge assigned to the proceeding has entered a
19dispositional order with respect to the child in a previous proceeding under s. 938.12
20or 938.13 (4), (6), (6m), (7) or (12).
AB130,245,4 21(1m) When the clerk receives a request for substitution, the clerk shall
22immediately contact the judge whose substitution has been requested for a
23determination of whether the request was made timely and in proper form. Except
24as provided in sub. (2), if the request is found to be timely and in proper form, the
25judge named in the request has no further jurisdiction and the clerk shall request

1the assignment of another judge under s. 751.03. If no determination is made within
27 days, the clerk shall refer the matter to the chief judge of the judicial administrative
3district for determination of whether the request was made timely and in proper form
4and reassignment as necessary.
AB130,245,11 5(2) If the request for substitution of a judge is made for the judge scheduled to
6conduct a waiver hearing under s. 938.18, the request shall be filed before the close
7of the working day preceding the day that the waiver hearing is scheduled. Except
8as provided in sub. (1g), the judge may allow an authorized party to make a request
9for substitution on the day of the waiver hearing. If the request for substitution is
10made subsequent to the waiver hearing, the judge who conducted the waiver hearing
11may also conduct the plea hearing.
AB130,245,19 12938.293 Discovery. (1) Copies of all law enforcement officer reports,
13including but not limited to the officer's memorandum and witnesses' statements,
14shall be made available upon request to counsel or guardian ad litem prior to a plea
15hearing. The reports shall be available through the representative of the public
16designated under s. 938.09. The juvenile, through counsel or guardian ad litem, is
17the only party who shall have access to the reports in proceedings under s. 938.12,
18938.125 or 938.13 (12). The identity of a confidential informant may be withheld
19pursuant to s. 905.10.
AB130,246,5 20(2) All records relating to a juvenile which are relevant to the subject matter
21of a proceeding under this subchapter shall be open to inspection by a guardian ad
22litem or counsel for any party, upon demand and upon presentation of releases where
23necessary, at least 48 hours before the proceeding. Persons entitled to inspect the
24records may obtain copies of the records with the permission of the custodian of the
25records or with the permission of the court. The court may instruct counsel not to

1disclose specified items in the materials to the juvenile or the parent if the court
2reasonably believes that the disclosure would be harmful to the interests of the
3juvenile. Sections 971.23 to 971.25 and 972.11 (5) shall be applicable in all
4delinquency proceedings under this subchapter, except that the court shall establish
5the timetable for ss. 971.23 (3), (8) and (9) and 972.11 (5).
AB130,246,14 6(3) Upon request prior to the fact-finding hearing, the district attorney shall
7disclose to the juvenile, and to the juvenile's counsel or guardian ad litem, the
8existence of any videotaped oral statement of a juvenile under s. 908.08 which is
9within the possession, custody or control of the state and shall make reasonable
10arrangements for the requesting person to view the videotaped oral statement. If,
11subsequent to compliance with this subsection, the state obtains possession, custody
12or control of such a videotaped statement, the district attorney shall promptly notify
13the requesting person of that fact and make reasonable arrangements for the
14requesting person to view the videotaped oral statement.
AB130,247,8 15938.295 Physical, psychological, mental or developmental
16examination. (1)
After the filing of a petition and upon a finding by the court that
17reasonable cause exists to warrant an examination or an alcohol and other drug
18abuse assessment that conforms to the criteria specified under s. 938.547 (4), the
19court may order any juvenile coming within its jurisdiction to be examined as an
20outpatient by personnel in an approved treatment facility for alcohol and other drug
21abuse, by a physician, psychiatrist or licensed psychologist, or by another expert
22appointed by the court holding at least a master's degree in social work or another
23related field of child development, in order that the juvenile's physical, psychological,
24alcohol or other drug dependency, mental or developmental condition may be
25considered. The court may also order an examination or an alcohol and other drug

1abuse assessment that conforms to the criteria specified under s. 938.547 (4) of a
2parent, guardian or legal custodian whose ability to care for a juvenile is at issue
3before the court. The court shall hear any objections by the juvenile and the juvenile's
4parents, guardian or legal custodian to the request for such an examination or
5assessment before ordering the examination or assessment. The expenses of an
6examination, if approved by the court, shall be paid by the county of the court
7ordering the examination. The payment for an alcohol and other drug abuse
8assessment shall be in accordance with s. 938.361.
AB130,247,10 9(1c) Reasonable cause is considered to exist to warrant an alcohol and other
10drug abuse assessment under sub. (1) if any of the following applies:
AB130,247,1311 (a) The multidisciplinary screen procedure conducted under s. 938.24 (2)
12indicates that the juvenile is at risk of having needs and problems related to alcohol
13or other drug abuse.
AB130,247,1514 (b) The juvenile was adjudicated delinquent on the basis of an offense specified
15in ch. 161.
AB130,247,1916 (c) The greater weight of the evidence at the fact-finding hearing indicates that
17any offense which formed the basis for the adjudication was motivated by the
18juvenile's need to purchase or otherwise obtain alcohol beverages or controlled
19substances.
AB130,248,5 20(1g) If the court orders an alcohol or other drug abuse assessment under sub.
21(1), the approved treatment facility shall, within 14 days after the court order, report
22the results of the assessment to the court, except that, upon request by the approved
23treatment facility and if the juvenile is not held in secure or nonsecure custody, the
24court may extend the period for assessment for not more than 20 additional working
25days. The report shall include a recommendation as to whether the juvenile is in

1need of treatment, intervention or education relating to the use or abuse of alcohol
2beverages or controlled substances and, if so, shall recommend a service plan and
3appropriate treatment from an approved treatment facility, intervention from a
4court-approved pupil assistance program or education from a court-approved
5alcohol or other drug abuse education program.
AB130,248,15 6(2) (a) If there is probable cause to believe that the juvenile has committed the
7alleged offense and if there is reason to doubt the juvenile's competency to proceed,
8or upon entry of a plea under s. 938.30 (4) (c) the court shall order the juvenile to be
9examined by a psychiatrist or licensed psychologist. The expenses of an
10examination, if approved by the court, shall be paid by the county of the court
11ordering the examination. Evaluation shall be made on an outpatient basis unless
12the juvenile presents a substantial risk of physical harm to the juvenile or others; or
13the juvenile, parent or guardian, and legal counsel or guardian ad litem consent to
14an inpatient evaluation. Any inpatient evaluation shall be for a specified period that
15is no longer than is necessary to complete the evaluation.
AB130,249,1016 (b) The examiner shall file a report of the examination with the court by the
17date specified in the order. The court shall cause copies to be transmitted to the
18district attorney or corporation counsel and to the juvenile's counsel or guardian ad
19litem. The report shall describe the nature of the examination and identify the
20persons interviewed, the particular records reviewed and any tests administered to
21the juvenile. If the examination is ordered following a plea under s. 938.30 (4) (c),
22the report shall also contain an opinion regarding whether the juvenile suffered from
23mental disease or defect at the time of the commission of the act alleged in the
24petition and, if so, whether this caused the juvenile to lack substantial capacity to
25appreciate the wrongfulness of his or her conduct or to conform his or her conduct to

1the requirements of the law. If the examination is ordered following a finding that
2there is probable cause to believe that the juvenile has committed the alleged offense
3and that there is reason to doubt the juvenile's competency to proceed, the report
4shall also contain an opinion regarding the juvenile's present mental capacity to
5understand the proceedings and assist in his or her defense and, if the examiner
6reports that the juvenile lacks competency to proceed, the examiner's opinion
7regarding the likelihood that the juvenile, if provided treatment, may be restored to
8competency within the time specified in s. 938.30 (5) (e) 1. The report shall also state
9in reasonable detail the facts and reasoning upon which the examiner's opinions are
10based.
AB130,249,14 11(3) If the juvenile or a parent objects to a particular physician, psychiatrist,
12licensed psychologist or other expert as required under this section, the court shall
13appoint a different physician, psychiatrist, psychologist or other expert as required
14under this section.
AB130,249,15 15(4) Motions or objections under this section may be heard under s. 807.13.
AB130,249,17 16938.296 Testing for HIV infection and certain diseases. (1) In this
17section:
AB130,249,1818 (a) "Health care professional" has the meaning given in s. 252.15 (1) (am).
AB130,249,1919 (b) "HIV" has the meaning given in s. 252.01 (1m).
AB130,249,2020 (c) "Sexually transmitted disease" has the meaning given in s. 252.11 (1).
AB130,249,2121 (d) "Significantly exposed" has the meaning given in s. 252.15 (1) (em).
AB130,250,3 22(2) In a proceeding under s. 938.12 or 938.13 (12) in which the juvenile is
23alleged to have violated s. 940.225, 948.02, 948.025, 948.05 or 948.06, the district
24attorney or corporation counsel shall apply to the court for an order requiring the
25juvenile to submit to a test or a series of tests administered by a health care

1professional to detect the presence of HIV, antigen or nonantigenic products of HIV,
2an antibody to HIV or a sexually transmitted disease and to disclose the results of
3that test or series of tests as specified in sub. (4) (a) to (e), if all of the following apply:
AB130,250,64 (a) The victim or alleged victim, if an adult, or the parent, guardian or legal
5custodian of the victim or alleged victim, if the victim or alleged victim is a child,
6requests the district attorney or corporation counsel to apply for that order.
AB130,250,107 (b) The district attorney or corporation counsel has probable cause to believe
8that the juvenile has significantly exposed the victim or alleged victim. If the
9juvenile is adjudicated delinquent or found to be in need of protection or services, this
10paragraph does not apply.
AB130,250,12 11(3) The district attorney or corporation counsel may apply for an order under
12sub. (2) at any of the following times:
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