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1Subchapter II
2
organization of court
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3938.03 Time and place of court; absence or disability of judge; court of
4record. (1) The judge shall set apart a time and place to hold court on juvenile
5matters.
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6(2) In the case of the absence or disability of the judge of a court assigned to
7exercise jurisdiction under this chapter and ch. 48, another judge shall be assigned
8under s. 751.03 to act temporarily in the judge's place. If the judge assigned
9temporarily is from a circuit other than the one for which elected, the judge shall
10receive expenses as provided under s. 753.073.
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11938.06 Services for court. (1) Counties with a population of 500,000 or more.
12In counties with a population of 500,000 or more, the children's court center under
13s. 48.06 (1) shall provide the services necessary for investigating and supervising
14cases under this chapter.
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15(2) Counties with a population under 500,000. In counties with a population of
16under 500,000, the county department or court or both, as provided in s. 48.06 (2),
17shall provide the intake services required under s. 938.067 and the staff needed to
18carry out the objectives and provisions of this chapter under s. 938.069.
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19(3) Intake services. The court or county department responsible for providing
20intake services under s. 938.067 shall specify one or more persons to provide intake
21services. If there is more than one such worker, one of the workers shall be
22designated as chief worker and shall supervise other workers.
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23(4) State aid. State aid to any county for juvenile delinquency-related court
24services under this section shall be at the same net effective rate that each county
25is reimbursed for county administration under s. 49.52, except as provided in s.
146.26. Counties having a population of less than 500,000 may use funds received
2under ss. 46.26 and 49.52 (1) (d), including county or federal revenue sharing funds
3allocated to match funds received under s. 49.52 (1) (d), for the cost of providing court
4attached intake services in amounts not to exceed 50% of the cost of providing court
5attached intake services or $30,000 per county per calendar year, whichever is less.
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6(5) Short-term detention as a disposition. The county board of supervisors
7of any county may, by resolution, authorize the court to use placement in a secure
8detention facility or juvenile portion of the county jail as a disposition under s. 938.34
9(3) (f). The use by the court of those placements as a disposition is subject to any
10resolution adopted under this subsection.
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11938.065 Juvenile court commissioners.
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12(2) Under this chapter a juvenile court commissioner appointed under s.
1348.065, if authorized to do so by a judge, may do any of the following:
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(a) Issue summonses.
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(b) Conduct hearings under s. 938.21 and thereafter order a juvenile held in or
16released from custody.
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(d) Conduct plea hearings.
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(dm) Issue orders requiring compliance with deferred prosecution agreements.
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(e) Enter into consent decrees.
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(f) Conduct prehearing conferences.
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(g) Conduct all proceedings on petitions or citations under s. 938.125.
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(gm) Conduct uncontested proceedings under s. 938.12, 938.13 or 938.18.
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(h) Perform such other duties, not in conflict with this chapter, as the judge may
24direct.
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25(3) The juvenile court commissioner may not do any of the following:
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1(a) Conduct waiver hearings under s. 938.18 except as provided in sub. (2) (g).
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(b) Conduct fact-finding or dispositional hearings except petitions or citations
3under s. 938.125 and except as provided in sub. (2) (gm).
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(c) Make dispositions other than ordering compliance with deferred
5prosecution agreements and approving consent decrees and other than dispositions
6in uncontested proceedings under s. 938.12 or 938.13.
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(e) Make changes in placements of juveniles, or revisions or extensions of
8dispositional orders, except pursuant to petitions or citations under s. 938.125 and
9except in uncontested proceedings under s. 938.12 or 938.13.
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(f) Make any dispositional order under s. 938.34 (4g) or (4m).
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11(4) When acting officially, the juvenile court commissioner shall sit at the
12courthouse or the usual court facility for juvenile delinquency matters. Any decision
13of the juvenile court commissioner shall be reviewed by the judge upon the request
14of any interested party.
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15938.067 Powers and duties of intake workers. To carry out the objectives
16and provisions of this chapter but subject to its limitations, intake workers shall do
17all of the following:
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18(1) Provide intake services 24 hours a day, 7 days a week, for the purpose of
19screening juveniles taken into custody and not released under s. 938.20 (2).
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20(2) Interview, unless impossible, any juvenile who is taken into physical
21custody and not released, and where appropriate interview other available
22concerned parties. If the juvenile cannot be interviewed, the intake worker shall
23consult with the juvenile's parent or a responsible adult. No juvenile may be placed
24in a secure detention facility unless the juvenile has been interviewed in person by
25an intake worker, except that if the intake worker is in a place which is distant from
1the place where the juvenile is or the hour is unreasonable, as defined by written
2court intake rules, and if the juvenile meets the criteria under s. 938.208, the intake
3worker, after consulting by telephone with the law enforcement officer who took the
4juvenile into custody, may authorize the secure holding of the juvenile while the
5intake worker is en route to the in-person interview or until 8 a.m. of the morning
6after the night on which the juvenile was taken into custody.
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7(3) Determine whether the juvenile shall be held under s. 938.205 and such
8policies as the judge shall promulgate under s. 48.06 (1) or (2).
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9(4) If the juvenile is not released, determine where the juvenile shall be held.
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10(5) Provide crisis counseling during the intake process when such counseling
11appears to be necessary.
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12(6) Receive referral information, conduct intake inquiries, make
13recommendations as to whether a petition should be filed, and enter into deferred
14prosecution agreements under policies promulgated under s. 48.06 (1) or (2).
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15(6m) Conduct the multidisciplinary screen in counties that have a pilot
16program under s. 938.547.
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17(7) Make referrals of cases to other agencies if their assistance appears to be
18needed or desirable.
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19(8) Make interim recommendations to the court concerning juveniles awaiting
20final disposition under s. 938.355.
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21(9) Perform any other functions ordered by the court, and assist the court or
22chief judge of the judicial administrative district in developing written policies or
23carrying out its other duties when the court or chief judge so requests.
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24938.069 Powers and duties of disposition staff. (1) The staff of the
25department, the court, a county department or a licensed child welfare agency
1designated by the court to carry out the objectives and provisions of this chapter
2shall:
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(a) Supervise and assist a juvenile under a deferred prosecution agreement, a
4consent decree or an order of the court.
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(b) Offer individual and family counseling.
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(c) Make an affirmative effort to obtain necessary or desired services for the
7juvenile and the juvenile's family and investigate and develop resources toward that
8end.
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(d) Prepare reports for the court recommending a plan of rehabilitation,
10treatment and care.
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(dj) Provide aftercare services for a juvenile who has been released from a
12secured correctional facility or a secured child caring institution.
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(e) Perform any other functions consistent with this chapter which are ordered
14by the court.
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15(2) Licensed child welfare agencies and the department shall provide services
16under this section only upon the approval of the agency from whom services are
17requested.
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18(3) A court or county department responsible for disposition staff may agree
19with the court or county department responsible for providing intake services that
20the disposition staff may be designated to provide some or all of the intake services.
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21(4) Disposition staff employed to perform the duties specified in sub. (1) after
22November 18, 1978, shall have the qualifications required under the county merit
23system.
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24938.07 Additional sources of court services. If the county board of
25supervisors has complied with s. 48.06, the court may obtain supplementary services
1for investigating cases and providing supervision of cases from one or more of the
2following sources:
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3(1) Department of health and social services. The court may request the
4services of the department for cases with special needs that cannot adequately be
5provided by the county department. The department may furnish the requested
6services, subject to s. 46.03 (18). The department shall provide, from the
7appropriation under s. 20.435 (6) (km), the services only to the extent that the county
8provides funds to the department equal to the net cost the department will incur as
9a result of providing the services requested and only if s. 46.26 does not apply.
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10(2) Licensed child welfare agency. The court may request the services of a
11child welfare agency licensed under s. 48.60 in accordance with procedures
12established by that agency. The child welfare agency shall receive no compensation
13for these services but may be reimbursed out of funds made available to the court for
14the actual and necessary expenses incurred in the performance of duties for the
15court.
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16(3) County department in populous counties. In counties having a population
17of 500,000 or more, the director of the county department may be ordered by the court
18to provide services for furnishing emergency shelter care to any juvenile whose need
19therefor, either by reason of need of protection and services or delinquency, is
20determined by the intake worker under s. 938.205. The court may authorize the
21director to appoint members of the county department to furnish emergency shelter
22care services for the juvenile. The emergency shelter care may be provided as
23specified in s. 938.207.
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24(4) County departments that provide developmental disabilities, mental
25health or alcohol and other drug abuse services. Within the limits of available
1state and federal funds and of county funds appropriated to match state funds, the
2court may order county departments established under s. 51.42 or 51.437 to provide
3special treatment or care to a juvenile if special treatment or care has been ordered
4under s. 938.34 (6) and if s. 938.362 (4) applies.
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5938.08 Duties of person furnishing services to court. (1) It is the duty
6of each person appointed to furnish services to the court as provided in ss. 938.06 and
7938.07 to make such investigations and exercise such discretionary powers as the
8judge may direct, to keep a written record of such investigations and to submit a
9report to the judge. The person shall keep informed concerning the conduct and
10condition of the juvenile under the person's supervision and shall report thereon as
11the judge directs.
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12(2) Except as provided in sub. (3), any person authorized to provide or providing
13intake or dispositional services for the court under ss. 938.067 and 938.069 and any
14department of corrections staff member designated by the department of corrections
15has the power of police officers and deputy sheriffs only for the purpose of taking a
16juvenile into physical custody when the juvenile comes voluntarily or is suffering
17from illness or injury or is in immediate danger from his or her surroundings and
18removal from the surroundings is necessary.
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19(3) (a) In addition to the law enforcement authority specified in sub. (2),
20department of health and social services personnel designated by that department,
21personnel of a secured child caring institution designated by agreement between
22that secured child caring institution and the department of health and social
23services, and department of corrections personnel designated by the department of
24corrections have the power of law enforcement authorities to take a juvenile into
25physical custody under the following conditions:
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11. If they are in prompt pursuit of a juvenile who has run away from a secured
2correctional facility or secured child caring institution.
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2. If the juvenile has failed to return to a secured correctional facility or secured
4child caring institution after any authorized absence.
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(b) A juvenile taken into custody under par. (a) may be returned directly to the
6secured correctional facility or secured child caring institution and shall have a
7hearing regarding placement in a disciplinary cottage or in disciplinary status in
8accordance with ch. 227.
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9938.09 Representation of the interests of the public. The interests of the
10public shall be represented in proceedings under this chapter as follows:
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11(1) By the district attorney, in any matter arising under s. 938.12.
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12(2) By the district attorney or, if designated by the county board of supervisors,
13by the corporation counsel, in any matter concerning a civil law violation arising
14under s. 938.125. If the county board transfers this authority to or from the district
15attorney on or after May 11, 1990, the board may do so only if the action is effective
16on September 1 of an odd-numbered year and the board notifies the department of
17administration of that change by January 1 of that odd-numbered year.
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18(3) By the city, village or town attorney, in any matter concerning a city, village
19or town ordinance violation, respectively, arising under s. 938.125.
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20(4) By any appropriate person designated by the county board of supervisors
21in any matter concerning a noncity ordinance violation arising under s. 938.125.
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22(5) By the district attorney or, if designated by the county board of supervisors,
23by the corporation counsel, in any matter arising under s. 938.13. If the county board
24transfers this authority to or from the district attorney on or after May 11, 1990, the
25board may do so only if the action is effective on September 1 of an odd-numbered
1year and the board notifies the department of administration of that change by
2January 1 of that odd-numbered year.
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3938.10 Power of the judge to act as intake worker. The duties of the intake
4worker may be carried out from time to time by the judge at his or her discretion, but
5if a recommendation to file a petition is made, a citation is issued or a deferred
6prosecution agreement is entered into, the judge shall be disqualified from
7participating further in the proceedings.
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SUBCHAPTER III
9
JURISDICTION
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10938.12 Jurisdiction over juveniles alleged to be delinquent. (1) The
11court has exclusive jurisdiction, except as provided in ss. 938.17, 938.18 and 938.183,
12over any juvenile 10 years of age or over who is alleged to be delinquent.
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13(2) If a court proceeding has been commenced under this section before a
14juvenile is 17 years of age, but the juvenile becomes 17 years of age before admitting
15the facts of the petition at the plea hearing or if the juvenile denies the facts, before
16an adjudication, the court retains jurisdiction over the case.
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17938.125 Jurisdiction over juveniles alleged to have violated civil laws
18or ordinances. The court has exclusive jurisdiction over any juvenile alleged to
19have violated a law punishable by forfeiture or a county, town or other municipal
20ordinance, except as follows:
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21(1) As provided under s. 938.17.
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22(2) That the court has exclusive jurisdiction over any juvenile alleged to have
23violated an ordinance enacted under s. 118.163 (2) only after evidence is provided by
24the school attendance officer that the activities under s. 118.16 (5) have been
1completed or were not completed due to the child's absence from school as provided
2in s. 118.16 (5m).
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3938.13 Jurisdiction over juveniles alleged to be in need of protection
4or services. The court has exclusive original jurisdiction over a juvenile alleged to
5be in need of protection or services which can be ordered by the court, and:
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6(4) Whose parent or guardian signs the petition requesting jurisdiction and
7states that he or she is unable to control the juvenile.
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8(6) Who is habitually truant from school, after evidence is provided by the
9school attendance officer that the activities under s. 118.16 (5) have been completed
10or were not completed due to the child's absence from school as provided in s. 118.16
11(5m), except as provided under s. 938.17 (2).
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12(6m) Who is a school dropout, as defined in s. 118.153 (1) (b).
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13(7) Who is habitually truant from home and either the juvenile or a parent,
14guardian or a relative in whose home the juvenile resides signs the petition
15requesting jurisdiction and attests in court that reconciliation efforts have been
16attempted and have failed.
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17(12) Who, being under 10 years of age, has committed a delinquent act as
18defined in s. 938.12.
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19(14) Who has been determined, under s. 938.30 (5) (c), to be not responsible for
20a delinquent act by reason of mental disease or defect or who has been determined,
21under s. 938.30 (5) (d), to be not competent to proceed.
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22938.135 Referral of juveniles to proceedings under ch. 51 or 55. (1) If
23a juvenile alleged to be delinquent or in need of protection or services is before the
24court and it appears that the juvenile is developmentally disabled, mentally ill or
25drug dependent or suffers from alcoholism, the court may proceed under ch. 51 or 55.
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1(2) Any voluntary or involuntary admissions, placements or commitments of
2a juvenile made in or to an inpatient facility, as defined in s. 51.01 (10), other than
3a commitment under s. 938.34 (6) (am) shall be governed by ch. 51 or 55.
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4938.15 Jurisdiction of other courts to determine legal custody. Nothing
5contained in s. 938.12 or 938.13 deprives other courts of the right to determine the
6legal custody of juveniles by habeas corpus or to determine the legal custody or
7guardianship of juveniles if the legal custody or guardianship is incidental to the
8determination of causes pending in the other courts. But the jurisdiction of the court
9assigned to exercise jurisdiction under this chapter and ch. 48 is paramount in all
10cases involving juveniles alleged to come within the provisions of s. 938.12 or 938.13.
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11938.17 Jurisdiction over traffic, boating, snowmobile and all-terrain
12vehicle violations and over civil law and ordinance violations. (1) Traffic,
13boating, snowmobile and all-terrain vehicle violations. Except for ss. 342.06 (2)
14and 344.48 (1), and ss. 30.67 (1) and 346.67 when death or injury occurs, courts of
15criminal and civil jurisdiction shall have exclusive jurisdiction in proceedings
16against juveniles 16 or older for violations of s. 23.33, of ss. 30.50 to 30.80, of chs. 341
17to 351, and of traffic regulations as defined in s. 345.20 and nonmoving traffic
18violations as defined in s. 345.28 (1). A juvenile charged with a traffic, boating,
19snowmobile or all-terrain vehicle offense in a court of criminal or civil jurisdiction
20shall be treated as an adult before the trial of the proceeding except that the juvenile
21may be held in secure custody only in a secure detention facility. A juvenile convicted
22of a traffic, boating, snowmobile or all-terrain vehicle offense in a court of criminal
23or civil jurisdiction shall be treated as an adult for sentencing purposes except as
24follows:
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1(a) The court may disregard any minimum period of incarceration specified for
2the offense.
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(b) If the court orders the juvenile to serve a period of incarceration of less than
46 months, the juvenile may serve that period of incarceration only in a secure
5detention facility.
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(c) If the court of civil or criminal jurisdiction orders the juvenile to serve a
7period of incarceration of 6 months or more, that court shall petition the court
8assigned to exercise jurisdiction under this chapter and ch. 48 to order one or more
9of the dispositions provided in s. 938.34, including placement of the juvenile in a
10secured correctional facility under s. 938.34 (4m), if appropriate.
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11(2) Civil law and ordinance violations. (a) 1. Except as provided in sub. (1),
12municipal courts have concurrent jurisdiction with the court assigned to exercise
13jurisdiction under this chapter and ch. 48 in proceedings against juveniles aged 12
14or older for violations of county, town or other municipal ordinances. If evidence is
15provided by the school attendance officer that the activities under s. 118.16 (5) have
16been completed or were not completed due to the juvenile's absence from school as
17provided in s. 118.16 (5m), the municipal court specified in subd. 2. may exercise
18jurisdiction in proceedings against a juvenile for a violation of an ordinance enacted
19under s. 118.163 (2) regardless of the juvenile's age and regardless of whether the
20court assigned to exercise jurisdiction under this chapter and ch. 48 has jurisdiction
21under s. 938.13 (6).
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2. a. In this subdivision, "administrative center" means the main
23administrative offices of a school district.
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b. The municipal court that may exercise jurisdiction under subd. 1. is the
25municipal court that is located in the same municipality as the administrative center
1of the school district in which the juvenile is enrolled, if that municipality has
2adopted an ordinance under s. 118.163.
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c. If the municipality specified under subd. 2. b. has not adopted an ordinance
4under s. 118.163, the municipal court that may exercise jurisdiction under subd. 1.
5is the municipal court that is located in the municipality where the school in which
6the juvenile is enrolled is located, if that municipality has adopted an ordinance
7under s. 118.163.