938.21(2)
(2) Proceedings concerning runaway or delinquent juveniles. Proceedings concerning a juvenile who comes within the jurisdiction of the court under
s. 938.12 or
938.13 (7) or
(12) shall be conducted according to this subsection.
938.21(2)(a)
(a) A juvenile held in a nonsecure place of custody may waive in writing the hearing under this section. After any waiver, a hearing shall be granted upon the request of the juvenile or any other interested party. Any juvenile transferred to a secure detention facility shall thereafter have a hearing under this section.
938.21(2)(b)
(b) A copy of the petition shall be given to the juvenile at or prior to the time of the hearing. Prior notice of the hearing shall be given to the juvenile's parent, guardian and legal custodian and to the juvenile in accordance with
s. 938.20 (8).
938.21(2)(c)
(c) Prior to the commencement of the hearing, the juvenile shall be informed by the judge or juvenile court commissioner of the allegations that have been or may be made, the nature and possible consequences of this hearing as compared to possible future hearings, the provisions of
s. 938.18 if applicable, the right to counsel under
s. 938.23 regardless of ability to pay if the juvenile is not yet represented by counsel, the right to remain silent, the fact that the silence may not be adversely considered by the judge or juvenile court commissioner, the right to confront and cross-examine witnesses and the right to present witnesses.
938.21(2)(d)
(d) If the juvenile is not represented by counsel at the hearing and the juvenile is continued in custody as a result of the hearing, the juvenile may request through counsel subsequently appointed or retained or through a guardian ad litem that the order to hold in custody be reheard. If the request is made, a rehearing shall take place as soon as may be possible. Whether or not counsel was present, any order to hold the juvenile in custody shall be subject to rehearing for good cause.
938.21(3)
(3) Proceedings concerning juveniles in need of protection or services. Proceedings concerning a juvenile who comes within the jurisdiction of the court under
s. 938.13 (4),
(6),
(6m) or
(14) shall be conducted according to this subsection.
938.21(3)(a)
(a) The parent, guardian or legal custodian may waive the hearing under this section. Agreement in writing of the juvenile is required if he or she is over 12. After any waiver, a hearing shall be granted at the request of any interested party.
938.21(3)(b)
(b) If present at the hearing, a copy of the petition shall be given to the parent, guardian or legal custodian, and to the juvenile if he or she is 12 years of age or older, before the hearing begins. Prior notice of the hearing shall be given to the juvenile's parent, guardian and legal custodian and to the juvenile if he or she is 12 years of age or older in accordance with
s. 938.20 (8).
938.21(3)(d)
(d) Prior to the commencement of the hearing, the parent, guardian or legal custodian shall be informed by the court of the allegations that have been made or may be made, the nature and possible consequences of this hearing as compared to possible future hearings, the right to confront and cross-examine witnesses and the right to present witnesses.
938.21(3)(e)
(e) If the parent, guardian or legal custodian or the juvenile is not represented by counsel at the hearing and the juvenile is continued in custody as a result of the hearing, the parent, guardian, legal custodian or juvenile may request through counsel subsequently appointed or retained or through a guardian ad litem that the order to hold the juvenile in custody be reheard. If the request is made, a rehearing shall take place as soon as may be possible. Any order to hold the juvenile in custody shall be subject to rehearing for good cause, whether or not counsel was present.
938.21(3m)
(3m) Parental notice required. If the juvenile has been taken into custody because he or she committed an act which resulted in personal injury or damage to or loss of the property of another, the court, prior to the commencement of any hearing under this section, shall attempt to notify the juvenile's parents of the possibility of disclosure of the identity of the juvenile and the parents, of the juvenile's police records and of the outcome of proceedings against the juvenile for use in civil actions for damages against the juvenile or the parents and of the parents' potential liability for acts of their juveniles. If the court is unable to provide the notice before commencement of the hearing, it shall provide the juvenile's parents with the specified information in writing as soon as possible after the hearing.
938.21(4)
(4) Continuation of custody. If the judge or juvenile court commissioner finds that the juvenile should be continued in custody under the criteria of
s. 938.205, he or she shall enter one of the following orders:
938.21(4)(a)
(a) Place the juvenile with a parent, guardian, legal custodian or other responsible person and may impose reasonable restrictions on the juvenile's travel, association with other persons or places of abode during the period of placement, including a condition requiring the juvenile to return to other custody as requested; or subject the juvenile to the supervision of an agency agreeing to supervise the juvenile. Reasonable restrictions may be placed upon the conduct of the parent, guardian, legal custodian or other responsible person which may be necessary to ensure the safety of the juvenile.
938.21(4m)
(4m) Electronic monitoring. The judge or juvenile court commissioner may include in an order under
sub. (4) (a) or
(b) a condition that the juvenile be monitored by an electronic monitoring system.
938.21(5)(a)(a) All orders to hold in custody shall be in writing, listing the reasons and criteria forming the basis for the decision.
938.21(5)(b)
(b) An order relating to a juvenile held in custody outside of his or her home shall also describe any efforts that were made to permit the juvenile to remain at home and the services that are needed to ensure the juvenile's well-being, to enable the juvenile to return to his or her home and to involve the parents in planning for the juvenile.
938.21(6)
(6) Amendment of order. An order placing a juvenile under
sub. (4) (a) on conditions specified in this section may at any time be amended, with notice, so as to return the juvenile to another form of custody for failure to conform to the conditions originally imposed. A juvenile may be transferred to secure custody if he or she meets the criteria of
s. 938.208.
938.21(7)
(7) Deferred prosecution. If the judge or juvenile court commissioner determines that the best interests of the juvenile and the public are served, he or she may enter a consent decree under
s. 938.32 or order the petition dismissed and refer the matter to the intake worker for deferred prosecution in accordance with
s. 938.245.
938.21 History
History: 1995 a. 77,
275.
938.22
938.22
Establishment of secure detention facilities and shelter care facilities. 938.22(1)(a)(a) The county board of supervisors may establish a secure detention facility or a shelter care facility or both or the county boards of supervisors for 2 or more counties may jointly establish a secure detention facility or a shelter care facility or both in accordance with
ss. 46.16,
46.20 and
301.36.
938.22(1)(b)
(b) Subject to
sub. (3) (ar), in counties having a population of less than 500,000, the nonjudicial operational policies of the secure detention facility or shelter care facility shall be determined by the county board of supervisors or, in the case of a secure detention facility or shelter care facility established by 2 or more counties, by the county boards of supervisors for the 2 or more counties jointly. Those policies shall be executed by the superintendent appointed under
sub. (3) (a).
938.22(1)(c)
(c) In counties having a population of 500,000 or more, the nonjudicial operational policies of the secure detention facility and the detention section of the juvenile delinquency court center shall be established by the county board of supervisors, and the execution thereof shall be the responsibility of the director of the children's court center.
938.22(2)(a)(a) Counties shall submit plans for the secure detention facility or juvenile portion of the county jail to the department of corrections and submit plans for the shelter care facility to the department of health and family services. The applicable department shall review the submitted plans. The counties may not implement any such plan unless the applicable department has approved the plan. The department of corrections shall promulgate rules establishing minimum requirements for the approval of the operation of secure detention facilities and the juvenile portion of county jails. The plans and rules shall be designed to protect the health, safety and welfare of the juveniles in these facilities.
938.22(2)(b)
(b) If the department approves, a secure detention facility or a holdover room may be a part of a public building in which there is a jail or other facility for the detention of adults if the secure detention facility or holdover room is so physically segregated from the jail or other facility that the secure detention facility or holdover room may be entered without passing through areas where adults are confined and that juveniles detained in the secure detention facility or holdover room cannot communicate with or view adults confined therein.
938.22(2)(c)
(c) A shelter care facility shall be used for the temporary care of juveniles. A shelter care facility, other than a holdover room, may not be in the same building as a facility for the detention of adults.
938.22(3)(a)(a) In counties having a population of less than 500,000, public secure detention facilities and public shelter care facilities shall be in the charge of a superintendent. The county board of supervisors or, where 2 or more counties operate joint public secure detention facilities or public shelter care facilities, the county boards of supervisors for the 2 or more counties jointly shall appoint the superintendent and other necessary personnel for the care and education of the juveniles in secure detention or shelter care facilities, subject to
par. (am) and to civil service regulations in counties having civil service.
938.22(3)(am)
(am) If a secure detention facility or holdover room is part of a public building in which there is a jail or other facility for the detention of adults, the sheriff or other keeper of the jail or other facility for the detention of adults may nominate persons to be considered under
par. (a) for the position of superintendent of the secure detention facility or holdover room. Nominees under this paragraph shall have demonstrated administrative abilities and a demonstrated interest in the problems of juvenile justice and the welfare of juveniles.
938.22(3)(ar)
(ar) Notwithstanding
sub. (1) (b), if a secure detention facility or holdover room is part of a public building in which there is a jail or other facility for the detention of adults, the sheriff or other keeper of the jail or other facility for the detention of adults shall determine the policies of that secure detention facility or holdover room relating to security and emergency response and shall determine the procedures for implementing those policies.
938.22(3)(b)
(b) In counties having a population of 500,000 or more, the director of the children's court center shall be in charge of and responsible for public secure detention facilities, the secure detention section of the center and the personnel assigned to this section, including a detention supervisor or superintendent. The director of the children's court center may also serve as superintendent of detention if the county board of supervisors so determines.
938.22(3)(c)
(c) All superintendents appointed under
par. (a) or
(b) after May 1, 1992, shall, within one year after that appointment, successfully complete an administrative training program approved or provided by the department of justice.
938.22(5)
(5) A county board of supervisors, or 2 or more county boards of supervisors jointly, may contract with privately operated shelter care facilities or home detention programs for purchase of services. A county board of supervisors may delegate this authority to its county department.
938.22(7)(a)(a) No person may establish a shelter care facility without first obtaining a license under
s. 48.66 (1). To obtain a license under
s. 48.66 (1) to operate a shelter care facility, a person must meet the minimum requirements for a license established by the department of health and family services under
s. 48.67 and pay the license fee under
par. (b). A license issued under
s. 48.66 (1) to operate a shelter care facility is valid for 2 years after the date of issuance, unless sooner revoked or suspended.
938.22(7)(b)
(b) Before the department of health and family services may issue a license under
s. 48.66 (1) to operate a shelter care facility, the shelter care facility must pay to that department a biennial fee of $50, plus a biennial fee of $15 per juvenile, based on the number of juveniles that the shelter care facility is licensed to serve. A shelter care facility that wishes to renew a license issued under
s. 48.66 (1) shall pay the fee under this paragraph by the renewal date of the license. A new shelter care facility shall pay the fee under this paragraph by no later than 30 days before the opening of the shelter care facility.
938.22(7)(c)
(c) A shelter care facility that wishes to renew a license issued under
s. 48.66 (1) and that fails to pay the fee under
par. (b) by the renewal date of the license or a new shelter care facility that fails to pay the fee under
par. (b) by 30 days before the opening of the shelter care facility shall pay an additional fee of $5 per day for every day after the deadline that the facility fails to pay the fee.
938.22 History
History: 1995 a. 27 s.
9126 (19);
1995 a. 77,
352.
938.223
938.223
Contracts with Minnesota counties for secure detention facility services. 938.223(1)
(1) The county board of supervisors of any county may contract with one or more counties in Minnesota that operate a secure detention facility for the use of one or more Minnesota secure detention facilities for the holding of juveniles who meet the criteria under
s. 938.208.
938.223(2)(a)1.
1. That the Minnesota secure detention facility meet or exceed the minimum requirements for the approval and operation of a Wisconsin secure detention facility established by the department by rules promulgated under
s. 938.22 (2) (a) and that the Minnesota secure detention facility be approved by the department under
s. 301.36.
938.223(2)(a)2.
2. That the Minnesota secure detention facility provide educational programming, health care and other care that is equivalent to that which a juvenile would receive if held in a Wisconsin secure detention facility.
938.223(2)(b)
(b) In addition to the requirements under
par. (a), a contract under
sub. (1) shall include all of the following:
938.223(2)(b)1.
1. The rates to be paid by the Wisconsin county for holding a juvenile in the Minnesota secure detention facility and the charges to be paid by the Wisconsin county for any extraordinary medical and dental expenses and any programming provided for a juvenile who is held in the Minnesota secure detention facility.
938.223(2)(b)2.
2. An agreement that the Wisconsin county retains jurisdiction over a juvenile who is held in the Minnesota secure detention facility.
938.223(2)(b)3.
3. An agreement that the Minnesota secure detention facility is subject to investigation and inspection by the department under
s. 301.36.
938.223(2)(b)4.
4. Any other matters that are necessary and appropriate concerning the obligations, responsibilities and rights of the contracting counties and the department.
938.223(3)
(3) The county board of supervisors of any county that operates a secure detention facility may contract with one or more counties in Minnesota for the use of the secure detention facility operated by the Wisconsin county for the holding of juveniles transferred to that secure detention facility by the Minnesota county.
938.223 History
History: 1995 a. 352.
938.225
938.225
Statewide plan for secure detention facilities. The department shall assist counties in establishing secure detention facilities under
s. 938.22 by developing and promulgating a statewide plan for the establishment and maintenance of suitable secure detention facilities reasonably accessible to each court.
938.225 History
History: 1995 a. 77.
938.23
938.23
Right to counsel. 938.23(1)(1)
Right of juveniles to legal representation. Juveniles subject to proceedings under this chapter shall be afforded legal representation as follows:
938.23(1)(a)
(a) Any juvenile alleged to be delinquent under
s. 938.12 or held in a secure detention facility shall be represented by counsel at all stages of the proceedings, but a juvenile 15 years of age or older may waive counsel if the court is satisfied that the waiver is knowingly and voluntarily made and the court accepts the waiver. If the waiver is accepted, the court may not place the juvenile in a secured correctional facility, transfer supervision of the juvenile to the department for participation in the serious juvenile offender program or transfer jurisdiction over the juvenile to adult court.
938.23(1)(ar)
(ar) A juvenile subject to proceedings under
s. 938.357 (3) or
(5) shall be afforded legal representation as provided in those subsections.
938.23(1)(b)1.1. If a juvenile is alleged to be in need of protection or services under
s. 938.13, the juvenile may be represented by counsel at the discretion of the court. Except as provided in
subd. 2., a juvenile 15 years of age or older may waive counsel if the court is satisfied such waiver is knowingly and voluntarily made and the court accepts the waiver.
938.23(1)(b)2.
2. If the petition is contested, the court may not place the juvenile outside his or her home unless the juvenile is represented by counsel at the fact-finding hearing and subsequent proceedings. If the petition is not contested, the court may not place the juvenile outside his or her home unless the juvenile is represented by counsel at the hearing at which the placement is made. For a juvenile under 12 years of age, the judge may appoint a guardian ad litem instead of counsel.
938.23(3)
(3) Power of the court to appoint counsel. Except in proceedings under
s. 938.13, at any time, upon request or on its own motion, the court may appoint counsel for the juvenile or any party, unless the juvenile or the party has or wishes to retain counsel of his or her own choosing. The court may not appoint counsel for any party other than the juvenile in a proceeding under
s. 938.13.
938.23(4)
(4) Providing counsel. In any situation under this section in which a person has a right to be represented by counsel or is provided counsel at the discretion of the court and counsel is not knowingly and voluntarily waived, the court shall refer the person to the state public defender and counsel shall be appointed by the state public defender under
s. 977.08 without a determination of indigency. In any other situation under this section in which a person has a right to be represented by counsel or is provided counsel at the discretion of the court, competent and independent counsel shall be provided and reimbursed in any manner suitable to the court regardless of the person's ability to pay, except that the court may not order a person who files a petition under
s. 813.122 or
813.125 to reimburse counsel for the juvenile who is named as the respondent in that petition.
938.23(5)
(5) Counsel of own choosing. Regardless of any provision of this section, any party is entitled to retain counsel of his or her own choosing at his or her own expense in any proceeding under this chapter.
938.23(6)
(6) Definition. For the purposes of this section, "counsel" means an attorney acting as adversary counsel who shall advance and protect the legal rights of the party represented, and who may not act as guardian ad litem for any party in the same proceeding.
938.23 History
History: 1995 a. 77.
938.23 Annotation
Right to be represented by counsel includes right to effective counsel. In Interest of M.D.(S), 168 W (2d) 996, 485 NW (2d) 52 (1992).
938.235(1)(a)(a) The court may appoint a guardian ad litem in any appropriate matter under this chapter.
938.235(1)(e)
(e) The court shall appoint a guardian ad litem, or extend the appointment of a guardian ad litem previously appointed under
par. (a), for any juvenile alleged or found to be in need of protection or services, if the court has ordered, or if a request or recommendation has been made that the court order, the juvenile to be placed out of his or her home under
s. 938.345 or
938.357.
938.235(2)
(2) Qualifications. The guardian ad litem shall be an attorney admitted to practice in this state. No person who is an interested party in a proceeding, who appears as counsel in a proceeding on behalf of any party or who is a relative or representative of an interested party may be appointed guardian ad litem in that proceeding.
938.235(3)(a)(a) The guardian ad litem shall be an advocate for the best interests of the person for whom the appointment is made. The guardian ad litem shall function independently, in the same manner as an attorney for a party to the action, and shall consider, but shall not be bound by, the wishes of such person or the positions of others as to the best interests of such person. If the guardian ad litem determines that the best interests of the person are substantially inconsistent with the wishes of such person, the guardian ad litem shall so inform the court and the court may appoint counsel to represent that person. The guardian ad litem has none of the rights or duties of a general guardian.
938.235(3)(b)
(b) In addition to any other duties and responsibilities required of a guardian ad litem, a guardian ad litem appointed for a juvenile who is the subject of a proceeding under
s. 938.13 shall do all of the following:
938.235(3)(b)1.
1. Unless granted leave by the court not to do so, personally, or through a trained designee, meet with the juvenile, assess the appropriateness and safety of the juvenile's environment and, if the juvenile is old enough to communicate, interview the juvenile and determine the juvenile's goals and concerns regarding his or her placement.
938.235(3)(b)2.
2. Make clear and specific recommendations to the court concerning the best interest of the juvenile at every stage of the proceeding.
938.235(4)
(4) Matters involving juvenile in need of protection or services. 938.235(4)(a)(a) In any matter involving a juvenile found to be in need of protection or services, the guardian ad litem may, if reappointed or if the appointment is continued under
sub. (7), do any of the following:
