AB130: Bill Text

AB130,301,9 (c) If the juvenile completes the alcohol or other drug abuse treatment program, court-approved pupil assistance program or court-approved alcohol or other drug abuse education program, the approved treatment facility, court-approved pupil assistance program or court-approved alcohol or other drug abuse education program shall, with the written informed consent of the juvenile or, if the juvenile has not attained the age of 12, the written informed consent of the juvenile's parent, notify the agency primarily responsible for providing services to the juvenile that the juvenile has complied with the order and the court shall notify the juvenile of whether or not the penalty will be reinstated.

AB130,301,18 (d) If an approved treatment facility, court-approved pupil assistance program or court-approved alcohol or other drug abuse education program, with the written informed consent of the juvenile or, if the juvenile has not attained the age of 12, the written informed consent of the juvenile's parent, notifies the agency primarily responsible for providing services to the juvenile that a juvenile is not participating, or has not satisfactorily completed, a recommended alcohol or other drug abuse treatment program, a court-approved pupil assistance program or a court-approved alcohol or other drug abuse education program, the court shall hold a hearing to determine whether the penalties under sub. (2), (2b), (2d) or (2e) should be imposed.

AB130,301,20 (2m) For purposes of subs. (2) to (2e), all violations arising out of the same incident or occurrence shall be counted as a single violation.

AB130,302,3 (3) If the juvenile alleged to have committed the violation is within 3 months of his or her 18th birthday, the court assigned to exercise jurisdiction under this chapter and ch. 48 may, at the request of the district attorney or on its own motion, dismiss the citation without prejudice and refer the matter to the district attorney for prosecution under s. 125.07 (4). The juvenile is entitled to a hearing only on the issue of his or her age. This subsection does not apply to violations under s. 161.573 (2), 161.574 (2) or 161.575 (2) or a local ordinance that strictly conforms to one of those statutes.

AB130,302,8 938.345 Disposition of juvenile adjudged in need of protection or services. (1) If the court finds that the juvenile is in need of protection or services, the court shall enter an order deciding one or more of the dispositions of the case as provided in s. 938.34 under a care and treatment plan except that the order may not do any of the following:

AB130,302,10 (a) Place the juvenile in a secured correctional facility or a secured child caring institution or transfer the custody of the juvenile to the department of corrections.

AB130,302,11 (b) Order restitution.

AB130,302,12 (c) Order payment of a forfeiture.

AB130,302,14 (d) Restrict, suspend or revoke the driving privileges of the juvenile, except as provided under sub. (2).

AB130,302,17 (e) Place any juvenile not specifically found under chs. 46, 49, 51, 115 and 880 to be developmentally disabled, mentally ill or to have exceptional educational needs in facilities which exclusively treat those categories of juveniles.

AB130,302,19 (f) Order the juvenile to participate in a supervised work program or other community service work under s. 938.34 (5g), except as provided under sub. (2).

AB130,302,21 (g) Order the juvenile into detention or nonsecure custody under s. 938.34 (3) (f).

AB130,303,3 (2) If the court finds that a juvenile is in need of protection or services based on the fact that the juvenile is a school dropout, as defined in s. 118.153 (1) (b), or based on habitual truancy, and the court also finds that the reason the juvenile has dropped out of school or is a habitual truant is a result of the juvenile's intentional refusal to attend school rather than the failure of any other person to comply with s. 118.15 (1) (a), the court, instead of or in addition to any other disposition imposed under sub. (1), may enter an order permitted under s. 938.342.

AB130,303,5 938.346 Notice to victims of juveniles' acts. (1) Each known victim of a juvenile's act shall receive timely notice of the following information:

AB130,303,7 (a) The procedure under s. 938.396 (1r) for obtaining the identity of the juvenile and the juvenile's parents.

AB130,303,9 (b) The procedure under s. 938.396 (1r) for obtaining the juvenile's police records.

AB130,303,10 (c) The potential liability of the juvenile's parents under s. 895.035.

AB130,303,11 (d) Either of the following:

AB130,303,19 1. Information regarding any deferred prosecution agreement under s. 938.245, any consent decree under s. 938.32 or any dispositional order under ss. 938.34 to 938.345. The information may not include reports under s. 938.295 or 938.33 or any other information that deals with sensitive personal matters of the juvenile and the juvenile's family and that does not directly relate to the act or alleged act committed against the victim. This subdivision does not affect the right of a victim to attend any hearing that the victim is permitted to attend under s. 938.299 (1) (am).

AB130,303,21 2. The procedure the victim may follow for obtaining the information in subd. 1.

AB130,304,4 (e) The procedure under s. 938.296 under which the victim, if an adult, or the parent, guardian or legal custodian of the victim, if the victim is a child, may request an order requiring a juvenile who is alleged to have violated s. 940.225, 948.02, 948.025, 948.05 or 948.06 to submit to a test or a series of tests to detect the presence of HIV, as defined in s. 252.01 (1m), antigen or nonantigenic products of HIV, an antibody to HIV or a sexually transmitted disease, as defined in s. 252.11 (1), and to have the results of that test or series of tests disclosed as provided in s. 938.296 (4) (a) to (e).

AB130,304,6 (f) The right to request and receive notice of the time and place of any hearing that the victim may attend under s. 938.299 (1) (am).

AB130,304,8 (g) The right to make a statement to the court as provided in ss. 938.32 (1) (b) and 938.335 (3m).

AB130,304,17 (1m) The intake worker shall provide notice of the information specified in sub. (1) (a), (b) and (c), the information specified in sub. (1) (d) relating to a deferred prosecution agreement under s. 938.245 and the information specified in sub. (3) if the inquiry is terminated without a deferred prosecution agreement before the filing of a petition. The district attorney or corporation counsel shall provide notice of the information specified in sub. (1) (e), (f) and (g), the information specified in sub. (1) (d) relating to a consent decree under s. 938.32 or a dispositional order under ss. 938.34 to 938.345 and the information under sub. (3) if the proceeding is terminated without a consent decree or dispositional order after the filing of a petition.

AB130,304,19 (2) The notice under sub. (1) shall include an explanation of the restrictions on divulging information obtained under this chapter and the penalties for violations.

AB130,304,23 (3) If an inquiry or proceeding is closed, dismissed or otherwise does not result in a deferred prosecution agreement, consent decree or dispositional order, a reasonable attempt shall be made to inform each known victim of the juvenile's alleged act that the inquiry or proceeding has been terminated.

AB130,304,25 (4) If the victim is a child, the notice under this section shall be given to the child's parents, guardian or legal custodian.

AB130,305,3 (5) Chief judges and circuit judges shall establish by policy and rule procedures for the implementation of this section. The policies and rules shall specify when, how and by whom the notice under this section shall be provided to victims.

AB130,305,11 938.35 Effect of judgment and disposition. (1) The court shall enter a judgment setting forth the court's findings and disposition in the proceeding. A judgment in a proceeding on a petition under this subchapter is not a conviction of a crime, does not impose any civil disabilities ordinarily resulting from the conviction of a crime and does not operate to disqualify the juvenile in any civil service application or appointment. The disposition of a juvenile, and any record of evidence given in a hearing in court, is not admissible as evidence against the juvenile in any case or proceeding in any other court except for the following:

AB130,305,13 (a) In sentencing proceedings after conviction of a felony or misdemeanor and then only for the purpose of a presentence study and report.

AB130,305,15 (b) In a proceeding in any court assigned to exercise jurisdiction under this chapter and ch. 48.

AB130,305,17 (c) In a court of civil or criminal jurisdiction while it is exercising the jurisdiction of a family court and is considering the custody of juveniles.

AB130,305,19 (cm) In a court of civil or criminal jurisdiction for purposes of setting bail under ch. 969 or impeaching a witness under s. 906.09.

AB130,305,22 (d) The fact that a juvenile has been adjudged delinquent on the basis of unlawfully and intentionally killing a person is admissible for the purpose of s. 852.01 (2m) (bg).

AB130,306,2 (1m) Disposition by the court assigned to exercise jurisdiction under this chapter and ch. 48 of any allegation under s. 938.12 or 938.13 (12) shall bar any future proceeding on the same matter in criminal court when the juvenile reaches the age of 17. This paragraph does not affect proceedings in criminal court which have been transferred under s. 938.18.

AB130,306,5 (2) Except as specifically provided in sub. (1), this section does not preclude the court from disclosing information to qualified persons if the court considers the disclosure to be in the best interests of the juvenile or of the administration of justice.

AB130,306,15 938.355 Dispositional orders. (1) Intent. In any order under s. 938.34 or 938.345, the court shall decide on a placement and treatment finding based on evidence submitted to the court. The disposition shall employ those means necessary to promote the objectives specified in s. 938.01. If the judge has determined that any of the conditions specified in s. 938.34 (4m) (b) 1., 2. or 3. applies, that determination shall be prima facie evidence that a less restrictive alternative than placement in a secured correctional facility or a secured child caring institution is not appropriate. If information under s. 938.331 has been provided in a court report under s. 938.33 (1), the court shall consider that information when deciding on a placement and treatment finding.

AB130,306,21 (2) Content of order; copy to parent. (a) In addition to the order, the court shall make written findings of fact and conclusions of law based on the evidence presented to the court to support the disposition ordered, including findings as to the juvenile's condition and need for special treatment or care if an examination or assessment was conducted under s. 938.295. A finding may not include a finding that a juvenile is in need of psychotropic medications.

AB130,306,22 (b) The court order shall be in writing and shall contain:

AB130,307,2 1. The specific services or continuum of services to be provided to the juvenile and family, the identity of the agencies which are to be primarily responsible for the provision of the services mandated by the court, the identity of the person or agency who will provide case management or coordination of services, if any, and, if custody is to be transferred to effect the treatment plan, the identity of the legal custodian.

AB130,307,13 2. If the juvenile is placed outside the home, the name of the place or facility, including transitional placements, where the juvenile shall be cared for or treated, except that if the placement is a foster home or treatment foster home and the name and address of the foster parent or treatment foster parent is not available at the time of the order, the name and address of the foster parent or treatment foster parent shall be furnished to the court and the parent within 21 days of the order. If, after a hearing on the issue with due notice to the parent or guardian, the court finds that disclosure of the identity of the foster parent or treatment foster parent would result in imminent danger to the juvenile, the foster parent or the treatment foster parent, the court may order the name and address of the prospective foster parents or treatment foster parents withheld from the parent or guardian.

AB130,307,14 3. The date of the expiration of the court's order.

AB130,307,18 4. If the juvenile is placed outside the juvenile's home, a designation of the amount of support, if any, to be paid by the juvenile's parent, guardian or trustee, specifying that the support obligation begins on the date of the placement, or a referral to the county designee under s. 59.07 (97) for establishment of child support.

AB130,307,20 5. For a juvenile placed outside his or her home pursuant to an order under s. 938.34 (3) or 938.345, a permanency plan under s. 938.38 if one has been prepared.

AB130,308,2 6. If the juvenile is placed outside the home, the court's finding as to whether a county department which provides social services or the agency primarily responsible for the provision of services under a court order has made reasonable efforts to prevent the removal of the juvenile from the home or, if applicable, that the agency primarily responsible for the provision of services under a court order has made reasonable efforts to make it possible for the juvenile to return to his or her home.

AB130,308,3 7. A statement of the conditions with which the juvenile is required to comply.

AB130,308,8 (c) If school attendance is a condition of an order under par. (b) 7., the order shall specify what constitutes a violation of the condition and shall direct the school board of the school district in which the juvenile is enrolled to notify the county department that is responsible for supervising the juvenile within 5 days after any violation of the condition by the juvenile.

AB130,308,10 (d) The court shall provide a copy of the dispositional order to the juvenile's parent, guardian or trustee.

AB130,308,16 (2c) Reasonable efforts standards. (a) When a court makes a finding under sub. (2) (b) 6. as to whether a county department which provides social services or the agency primarily responsible for providing services to the juvenile under a court order has made reasonable efforts to prevent the removal of the juvenile from his or her home, the court's consideration of reasonable efforts shall include, but not be limited to, whether:

AB130,308,19 1. A comprehensive assessment of the family's situation was completed, including a determination of the likelihood of protecting the juvenile's welfare effectively in the home.

AB130,308,20 2. Financial assistance, if applicable, was provided to the family.

AB130,308,23 3. Services were offered or provided to the family, if applicable, and whether any assistance was provided to the family to enable the family to utilize the services. Examples of the types of services that may have been offered include:

AB130,308,24 a. In-home support services, such as homemakers and parent aides.

AB130,308,25 b. In-home intensive treatment services.

AB130,309,2 c. Community support services, such as day care, parenting skills training, housing assistance, employment training and emergency mental health services.

AB130,309,3 d. Specialized services for family members with special needs.

AB130,309,5 4. Monitoring of client progress and client participation in services was provided.

AB130,309,7 5. A consideration of alternative ways of addressing the family's needs was provided, if services did not exist or existing services were not available to the family.

AB130,309,14 (b) When a court makes a finding under sub. (2) (b) 6. as to whether the agency primarily responsible for providing services to the juvenile under a court order has made reasonable efforts to make it possible for the juvenile to return to his or her home, the court's consideration of reasonable efforts shall include, but not be limited to, the considerations listed under par. (a) 1. to 5. and whether visitation schedules between the juvenile and his or her parents were implemented, unless visitation was denied or limited by the court.

AB130,309,22 (2e) Permanency plans; filing; amended orders; copies. (a) If a permanency plan has not been prepared at the time the dispositional order is entered, or if the court orders a disposition that is not consistent with the permanency plan, the agency responsible for preparing the plan shall prepare a permanency plan that is consistent with the order or revise the permanency plan to conform to the order and shall file the plan with the court within the time specified in s. 938.38 (3). A permanency plan filed under this paragraph shall be made a part of the dispositional order.

AB130,310,2 (b) Each time a juvenile's placement is changed under s. 938.357 or a dispositional order is revised under s. 938.363 or extended under s. 938.365, the agency that prepared the permanency plan shall revise the plan to conform to the order and shall file a copy of the revised plan with the court. Each plan filed under this paragraph shall be made a part of the court order.

AB130,310,6 (c) Either the court or the agency that prepared the permanency plan shall furnish a copy of the original plan and each revised plan to the juvenile's parent or guardian, to the juvenile or the juvenile's counsel or guardian ad litem and to the person representing the interests of the public.

AB130,310,12 (2m) Transitional placements. The court order may include the name of transitional placements, but may not designate a specific time when transitions are to take place. The procedures of ss. 938.357 and 938.363 shall govern when such transitions take place. The court, however, may place specific time limitations on interim arrangements made for the care of the juvenile pending the availability of the dispositional placement.

AB130,310,15 (3) Parental visitation. If, after a hearing on the issue with due notice to the parent or guardian, the court finds that it would be in the best interest of the juvenile, the court may set reasonable rules of parental visitation.

AB130,310,18 (3m) Orders based on evidence. Dispositional orders under s. 938.343 or 938.344 shall be based upon the evidence except that this subsection does not require a dispositional hearing for the disposition of an uncontested citation.

AB130,311,5 (4) Termination of orders. (a) Except as provided under par. (b) or s. 938.368, all orders under this section shall terminate at the end of one year unless the court specifies a shorter period of time. Except if s. 938.368 applies, extensions or revisions shall terminate at the end of one year unless the court specifies a shorter period of time. No extension under s. 938.365 of an original dispositional order may be granted for a juvenile whose legal custody has been transferred to the department of corrections under s. 938.34 (4g) or who is under the supervision of the department of health and social services under s. 938.34 (4m) or (4n) or under the supervision of a county department under s. 938.34 (4n) if the juvenile is 17 years of age or older when the original dispositional order terminates. Any order made before the juvenile reaches the age of majority shall be effective for a time up to one year after its entry unless the court specifies a shorter period of time.

AB130,311,13 (b) An order under s. 938.34 (4g) or (4m) for which a juvenile has been adjudicated delinquent is subject to par. (a), except that the judge may make an order under s. 938.34 (4m) apply for up to 2 years and the judge shall make an order under s. 938.34 (4g) apply for 5 years, if the juvenile is adjudicated delinquent for committing an act that would be punishable as a Class B, C or D felony if committed by an adult, or until the juvenile reaches 25 years of age, if the juvenile is adjudicated delinquent for committing an act that would be punishable as a Class A felony if committed by an adult.

AB130,311,19 (4m) Expungement of record. A juvenile who has been adjudged delinquent may, on attaining 17 years of age, petition the court to expunge the court's record of the juvenile's adjudication. The court may expunge the court's record of the juvenile's adjudication if the court determines that the juvenile has satisfactorily complied with the conditions of his or her dispositional order and that the juvenile will benefit and society will not be harmed by the expungement.

AB130,311,21 (5) Effect of court order. Any party, person or agency who provides services for the juvenile under this section shall be bound by the court order.

AB130,312,11 (6) Sanctions for violation of order; delinquency or civil law or ordinance violation. (a) If a juvenile who has been adjudged delinquent violates a condition specified in sub. (2) (b) 7., the court may impose on the juvenile any of the sanctions specified in par. (d) if, at the dispositional hearing under s. 938.335, the court explained the conditions to the juvenile and informed the juvenile of those possible sanctions. Subject to sub. (6m), if a juvenile who has been found to be in need of protection or services under s. 938.13 violates a condition specified in sub. (2) (b) 7., the court may impose on the juvenile any of the sanctions specified in par. (d), other than placement in a secure detention facility or juvenile portion of a county jail, if, at the dispositional hearing under s. 938.335, the court explained the conditions to the juvenile and informed the juvenile of those possible sanctions. The court may not order the sanction specified in par. (d) 1. unless the court finds that the agency primarily responsible for providing services for the juvenile has made reasonable efforts to prevent the removal of the juvenile from his or her home and that continued placement of the juvenile in his or her home is contrary to the welfare of the juvenile.

AB130,312,16 (am) If a juvenile who has violated a civil law or ordinance violates a condition specified in sub. (2) (b) 7., the court may impose on the juvenile one of the sanctions specified in par. (d) 2. to 4. if, at the dispositional hearing under s. 938.355, the court explained the conditions to the juvenile and informed the juvenile of the possible sanctions under par. (d) for a violation.

AB130,312,23 (b) A motion for imposition of a sanction may be brought by the person or agency primarily responsible for the provision of dispositional services, the district attorney or corporation counsel or the court that entered the dispositional order. If the court initiates the motion, that court is disqualified from holding a hearing on the motion. Notice of the motion shall be given to the juvenile, guardian ad litem, counsel, parent, guardian, legal custodian and all parties present at the original dispositional hearing.

AB130,312,25 (c) Before imposing any sanction, the court shall hold a hearing, at which the juvenile is entitled to be represented by legal counsel and to present evidence.

AB130,313,1 (d) The court may order any of the following sanctions:

AB130,313,6 1. Placement of the juvenile in a secure detention facility or juvenile portion of a county jail that meets the standards promulgated by the department of corrections by rule or in a place of nonsecure custody, for not more than 10 days and educational services consistent with his or her current course of study during the period of placement.

AB130,313,12 2. Suspension of or limitation on the use of the juvenile's operating privilege, as defined under s. 340.01 (40), or of any approval issued under ch. 29 for a period of not more than 90 days. If the court suspends the juvenile's operating privileges or an approval issued under ch. 29, the court shall immediately take possession of the suspended license or approval and forward it to the department that issued it, together with the notice of suspension.

AB130,313,16 3. Detention in the juvenile's home or current residence for a period of not more than 20 days under rules of supervision specified in the order. An order under this subdivision may require the juvenile to be monitored by an electronic monitoring system.

AB130,313,18 4. Not more than 25 hours of uncompensated participation in a supervised work program or other community service work under s. 938.34 (5g).

AB130,314,16 (6d) Short-term detention for violation of order. Notwithstanding ss. 938.19 to 938.21, if a juvenile who has been adjudged delinquent violates a condition specified in sub. (2) (b) 7., the juvenile's caseworker may, without a hearing, take the juvenile into custody and place the juvenile in a secure detention facility or juvenile portion of a county jail that meets the standards promulgated by the department of corrections by rule or in a place of nonsecure custody designated by the caseworker for not more than 72 hours while the alleged violation is being investigated, if at the dispositional hearing the court explained those conditions to the juvenile and informed the juvenile of the possibility of that placement. Notwithstanding ss. 938.19 to 938.21, if a juvenile who has been found to be in need of protection or services under s. 48.13 violates a condition specified in sub. (2) (b) 7., the juvenile's caseworker may, without a hearing, take the juvenile into custody and place the juvenile in a place of nonsecure custody designated by the caseworker for not more than 72 hours while the alleged violation is being investigated, if at the dispositional hearing the court explained those conditions to the juvenile and informed the juvenile of the possibility of that placement. If a juvenile is held in a secure detention facility, juvenile portion of a county jail or place of nonsecure custody for longer than 72 hours, the juvenile is entitled to a hearing under sub. (6) (c) or s. 938.21. The hearing shall be conducted in the manner provided in sub. (6) or s. 938.21, except that for a hearing under s. 938.21 the hearing shall be conducted within 72 hours, rather than 24 hours, after the time that the decision to hold the juvenile was made and a written statement of the reasons for continuing to hold the juvenile in custody may be filed rather than a petition under s. 938.25.

AB130,315,2 (6g) Contempt for continued violation of order. (a) If a juvenile upon whom the court has imposed a sanction under sub. (6) (a) commits a 2nd or subsequent violation of a condition specified in sub. (2) (b) 7., the district attorney may file a petition under s. 938.12 charging the juvenile with contempt of court, as defined in s. 785.01 (1), and reciting the disposition under s. 938.34 sought to be imposed. The district attorney may bring the motion on his or her own initiative or on the request of the court that imposed the condition specified in sub. (2) (b) 7. or that imposed the sanction under sub. (6) (a). If the district attorney brings the motion on the request of the court that imposed the condition specified in sub. (2) (b) 7. or that imposed the sanction under sub. (6) (a), that court is disqualified from holding any hearing on the contempt petition.

AB130,315,5 (b) The court may find a juvenile in contempt of court, as defined in s. 785.01 (1), and order a disposition under s. 938.34 only if the court makes all of the following findings:

AB130,315,8 1. That the juvenile has previously been sanctioned under sub. (6) (a) for violating a condition specified in sub. (2) (b) 7. and, subsequent to that sanction, has committed another violation of a condition specified in sub. (2) (b) 7.

AB130,315,11 2. That at the sanction hearing the court explained the conditions to the juvenile and informed the juvenile of a possible finding of contempt for a violation and the possible consequences of that contempt.

AB130,315,12 3. That the violation is egregious.

AB130,315,14 4. That the court has considered less restrictive alternatives and found them to be ineffective.

AB130,316,9 (6m) Sanctions for violation of order: habitual truancy. (a) If a juvenile who has been found in need of protection or services based on habitual truancy from school violates a condition specified under sub. (2) (b) 7., the court may order as a sanction any combination of the operating privilege suspension specified in this paragraph and the dispositions specified in s. 938.342 (1) (b) to (e) and (1m), regardless of whether the disposition was imposed in the order violated by the juvenile, if at the dispositional hearing under s. 938.335 the court explained that condition to the juvenile and informed the juvenile of the possible sanctions under this paragraph for a violation. The court may order as a sanction suspension of the juvenile's operating privilege, as defined under s. 340.01 (40), for not more than one year. If the juvenile does not hold a valid operator's license under ch. 343, other than an instruction permit under s. 343.07 or a restricted license under s. 343.08, on the date of the order issued under this paragraph, the court may order the suspension to begin on the date that the operator's license would otherwise be reinstated or issued after the juvenile applies and qualifies for issuance or 2 years after the date of the order issued under this paragraph, whichever occurs first. If the court suspends an operating privilege under this paragraph, the court shall immediately take possession of the suspended license and forward it to the department of transportation with a notice stating the reason for and the duration of the suspension.

AB130,316,17 (b) A motion for the imposition of a sanction under par. (a) may be brought by the person or agency primarily responsible for providing dispositional services to the juvenile, the administrator of the school district in which the juvenile is enrolled or resides, the district attorney, the corporation counsel or the court that entered the dispositional order. If the court initiates the motion, that court is disqualified from holding a hearing on the motion. Notice of the motion shall be given to the juvenile, guardian ad litem, counsel, parent, guardian, legal custodian and all parties present at the original dispositional hearing.

AB130,316,21 (c) Before imposing a sanction under par. (a), the court shall hold a hearing at which the juvenile is entitled to be represented by legal counsel and to present evidence. The hearing shall be held within 15 days after the filing of a motion under par. (b).

AB130,316,25 (7) Orders applicable to parents, guardians, legal custodians and other adults. In addition to any dispositional order entered under s. 938.34 or 938.345, the court may enter an order applicable to a juvenile's parent, guardian or legal custodian or to another adult, as provided under s. 938.45.