Note: Makes a technical correction. This provision is not an introductory
paragraph under current drafting standards.
Note: See the previous section of this bill.
AB378,190,93
938.21
(2) (d) If the juvenile is not represented by counsel at the hearing and
4the juvenile is continued in custody as a result of the hearing, the juvenile may
5request through counsel subsequently appointed or retained or through a guardian
6ad litem that the order to hold in custody be reheard. If the request is made, a
7rehearing shall take place as soon as
may be possible. Whether or not counsel was
8present, any order to hold the juvenile in custody shall be subject to rehearing for
9good cause.
Note: Deletes unnecessary language.
Note: Makes a technical correction. This provision is not an introductory
paragraph under current drafting standards.
Note: See the previous section of this bill.
AB378,191,216
938.21
(3) (e) If the parent, guardian or legal custodian or the juvenile is not
17represented by counsel at the hearing and the juvenile is continued in custody as a
18result of the hearing, the parent, guardian, legal custodian or juvenile may request
19through counsel subsequently appointed or retained or through a guardian ad litem
20that the order to hold the juvenile in custody be reheard. If the request is made, a
21rehearing shall take place as soon as
may be possible. Any order to hold the juvenile
1in custody shall be subject to rehearing for good cause, whether or not counsel was
2present.
Note: Deletes unnecessary language.
AB378,191,95
938.22
(1) (c) In counties having a population of 500,000 or more, the
6nonjudicial operational policies of the secure detention facility and the detention
7section of the
juvenile delinquency children's court center shall be established by the
8county board of supervisors, and the execution thereof shall be the responsibility of
9the director of the children's court center.
Note: Inserts correct term. There is no "juvenile delinquency court center".
Note: Renumbers provision for more logical placement.
AB378,191,1514
938.25
(4) Section 939.74 applies to delinquency petitions filed under this
15subchapter chapter.
Note: An early draft of the material contained in the present ch. 938 placed that
material in a single new subchapter of ch. 48. This cross-reference was not corrected
when the material was created in the new ch. 938.
AB378,192,218
938.273
(2) Service of summons or notice required by this
subchapter chapter 19may be made by any suitable person under the direction of the court. Notification
20of the victim or alleged victim of a juvenile's act or of a family member of a homicide
1victim or of an alleged homicide victim under s. 938.27 (4m) shall be made by the
2district attorney or corporation counsel.
Note: An early draft of the material contained in the present ch. 938 placed that
material in a single new subchapter of ch. 48. This cross-reference was not corrected
when the material was created in the new ch. 938.
AB378,192,11
5938.28 Failure to obey summons; capias. If any person summoned under
6this
subchapter chapter fails without reasonable cause to appear, he or she may be
7proceeded against for contempt of court. In case the summons cannot be served or
8the parties served fail to obey the same, or in any case when it appears to the court
9that the service will be ineffectual a capias may be issued for the parent, guardian
10and legal custodian or for the juvenile. Subchapter IV governs the taking and
11holding of a juvenile in custody.
Note: An early draft of the material contained in the present ch. 938 placed that
material in a single new subchapter of ch. 48. This cross-reference was not corrected
when the material was created in the new ch. 938.
AB378,193,414
938.293
(2) All records relating to a juvenile which are relevant to the subject
15matter of a proceeding under this
subchapter chapter shall be open to inspection by
16a guardian ad litem or counsel for any party, upon demand and upon presentation
17of releases where necessary, at least 48 hours before the proceeding. Persons entitled
18to inspect the records may obtain copies of the records with the permission of the
19custodian of the records or with the permission of the court. The court may instruct
20counsel not to disclose specified items in the materials to the juvenile or the parent
21if the court reasonably believes that the disclosure would be harmful to the interests
1of the juvenile. Sections 971.23 and 972.11 (5) shall be applicable in all delinquency
2proceedings under this
subchapter chapter, except that the court shall establish the
3timetable for the disclosures required under ss. 971.23 (1), (2m) and (8) and 972.11
4(5).
Note: An early draft of the material contained in the present ch. 938 placed that
material in a single new subchapter of ch. 48. This cross-reference was not corrected
when the material was created in the new ch. 938.
AB378,193,127
938.297
(3) Motions to suppress evidence as having been illegally seized or
8statements
as having been illegally obtained shall be made before fact-finding on the
9issues. The court may entertain the motion at the fact-finding hearing if it appears
10that a party is surprised by the attempt to introduce such evidence and that party
11waives jeopardy. Only the juvenile may waive jeopardy in cases under s. 938.12,
12938.125 or 938.13 (12).
Note: Repeats phrase for better parallel construction.
AB378,194,315
938.299
(1) (a) Except as provided in par. (ar), the general public shall be
16excluded from hearings under this chapter unless a public fact-finding hearing is
17demanded by a juvenile through his or her counsel. The court shall refuse to grant
18the public hearing, however, if the victim of an alleged sexual assault objects or, in
19a nondelinquency proceeding, if a parent or guardian objects. If a public hearing is
20not held, only the parties, their counsel, witnesses, a representative of the news
21media who wishes to attend the hearing for the purpose of reporting news without
22revealing the identity of the
child juvenile involved and other persons requested by
1a party and approved by the court may be present. Any other person the court finds
2to have a proper interest in the case or in the work of the court, including a member
3of the bar, may be admitted by the court.
Note: Replaces "child" with "juvenile" for consistency of references within ch. 938.
AB378,194,106
938.299
(1) (b) Except as provided in par. (av) and s. 938.396, any person who
7divulges any information which would identify the juvenile or the family involved in
8any proceeding under this
subchapter chapter is subject to ch. 785. This paragraph
9does not preclude a victim of the juvenile's act from commencing a civil action based
10upon the juvenile's act.
Note: An early draft of the material contained in the present ch. 938 placed that
material in a single new subchapter of ch. 48. This cross-reference was not corrected
when the material was created in the new ch. 938.
AB378,194,1613
938.299
(6) (a) The court shall refer the matter to the state or to the attorney
14responsible for support enforcement under s.
59.458 (1) 59.53 (6) (a) for a
15determination, under s. 767.45, of whether an action should be brought for the
16purpose of determining the paternity of the juvenile.
AB378,195,219
938.299
(6) (e) 4. If the genetic tests show that an alleged father is not excluded
20and that the statistical probability that the alleged father is the
child's juvenile's 21biological father is 99.0% or higher, the court may determine that for purposes of a
1proceeding under this chapter or ch. 48, other than a proceeding under subch. VIII
2of ch. 48, the man is the juvenile's biological parent.
Note: Replaces "child" with "juvenile" for consistency of references within ch. 938.
AB378,195,125
938.299
(7) If a man who has been given notice under s. 938.27 (3) (b) 1. appears
6at any hearing for which he received the notice but does not allege that he is the
7father of the juvenile and state that he wishes to establish the paternity of the
8juvenile or if no man to whom such notice was given appears at a hearing, the court
9may refer the matter to the state or to the attorney responsible for support
10enforcement under s.
59.458 (1) 59.53 (6) (a) for a determination, under s. 767.45, of
11whether an action should be brought for the purpose of determining the paternity of
12the juvenile.
AB378,196,315
938.30
(1) Except as provided in this subsection, the hearing to determine the
16juvenile's plea to a citation or a petition under s. 938.12, 938.125 or 938.13 (12), or
17to determine whether any party wishes to contest an allegation that the
child 18juvenile is in need of protection or services under s. 938.13 (4), (6), (6m), (7) or (14)
19shall take place on a date which allows reasonable time for the parties to prepare but
20is within 30 days after the filing of a petition or issuance of a citation for a juvenile
21who is not being held in secure custody or within 10 days after the filing of a petition
22or issuance of a citation for a juvenile who is being held in secure custody. In a
23municipal court operated jointly by 2 or more cities, towns or villages under s. 755.01
1(4), the hearing to determine the juvenile's plea shall take place within 45 days after
2the filing of a petition or issuance of a citation for a juvenile who is not being held in
3secure custody.
Note: Replaces "child" with "juvenile" for consistency of references within ch. 938.
AB378,196,106
938.30
(5) (c) 1. If the court finds that there is probable cause to believe that
7the juvenile meets the conditions specified under s. 51.20 (1) (a) 1. and 2., order the
8county department under s.
46.215, 46.22
, or 46.23
or 46.215 in the county of the
9juvenile's residence or the district attorney or corporation counsel who filed the
10petition under s. 938.12 or 938.13 (12) to file a petition under s. 51.20 (1).
Note: Reorders cross-references consistent with current style.
AB378,196,1713
938.30
(5) (d) 1. If the court finds that there is probable cause to believe that
14the juvenile meets the conditions specified under s. 51.20 (1) (a) 1. and 2., order the
15county department under s.
46.215, 46.22
, or 46.23
or 46.215 in the county of the
16juvenile's residence or the district attorney or corporation counsel who filed the
17petition under s. 938.12 or 938.13 (12) to file a petition under s. 51.20 (1).
Note: Reorders cross-references consistent with current style.
AB378,197,1320
938.30
(6) If a petition is not contested, the court shall set a date for the
21dispositional hearing which allows reasonable time for the parties to prepare but is
22no more than 10 days from the plea hearing for a juvenile who is held in secure
1custody and no more than 30 days from the plea hearing for a juvenile who is not held
2in secure custody. If it appears to the court that disposition of the case may include
3placement of the juvenile outside the juvenile's home, the court shall order the
4juvenile's parent to provide a statement of income, assets, debts and living expenses
5to the court or the designated agency under s. 938.33 (1) at least 5 days before the
6scheduled date of the dispositional hearing or as otherwise ordered by the court. The
7clerk of court shall provide, without charge, to any parent ordered to provide a
8statement of income, assets, debts and living expenses a document setting forth the
9percentage standard established by the department of
health and family services 10industry, labor and job development under s.
46.25 49.22 (9) and listing the factors
11that a court may consider under s. 46.10 (14) (c). If all parties consent the court may
12proceed immediately with the dispositional hearing. If a citation is not contested, the
13court may proceed immediately to enter a dispositional order.
Note: Inserts correct department name and cross-reference. Section 46.25 was
renumbered to s. 49.22 by
1995 Wis. Act 404, moving responsibility for that section from
the department of health and family services (DHFS) to the department of industry, labor
and job development (DILJD).
AB378,198,716
938.31
(7) At the close of the fact-finding hearing, the court shall set a date for
17the dispositional hearing which allows a reasonable time for the parties to prepare
18but is no more than 10 days after the fact-finding hearing for a juvenile in secure
19custody and no more than 30 days after the fact-finding hearing for a juvenile not
20held in secure custody. If it appears to the court that disposition of the case may
21include placement of the juvenile outside the juvenile's home, the court shall order
22the juvenile's parent to provide a statement of income, assets, debts and living
23expenses to the court or the designated agency under s. 938.33 (1) at least 5 days
1before the scheduled date of the dispositional hearing or as otherwise ordered by the
2court. The clerk of court shall provide, without charge, to any parent ordered to
3provide a statement of income, assets, debts and living expenses a document setting
4forth the percentage standard established by the department of
health and family
5services industry, labor and job development under s.
46.25 49.22 (9) and listing the
6factors that a court may consider under s. 46.10 (14) (c). If all parties consent, the
7court may immediately proceed with a dispositional hearing.
Note: Inserts correct department name and cross-reference. Section 46.25 was
renumbered to s. 49.22 by
1995 Wis. Act 404, moving responsibility for that section from
DHFS to DILJD.
AB378,198,1210
938.33
(3) (b) A recommendation for an amount of child support to be paid by
11either or both of the juvenile's parents or for referral to the county designee under
12s.
59.07 (97) 59.53 (5) for the establishment of child support.
AB378,198,1715
938.33
(4) (b) A recommendation for an amount of child support to be paid by
16either or both of the juvenile's parents or for referral to the county designee under
17s.
59.07 (97) 59.53 (5) for the establishment of child support.
AB378,198,2020
938.33
(4m) (a) Its recommendation for
juvenile child support.
Note: Inserts correct term.
AB378,199,63
938.34 (3) (f) (intro.) A secure detention facility or juvenile portion of a county
4jail that meets the standards promulgated by the department
of corrections by rule,
5or in a place of nonsecure custody designated by the court, subject to all of the
6following:
Note: "Department" is defined as the department of corrections in ch. 938.
AB378,199,119
938.34
(7d) (a) 1. A nonresidential educational program, including a program
10for
juveniles children at risk under s. 118.153, provided by the school district in which
11the juvenile resides.
Note: Inserts correct term.
AB378,200,914
938.34
(8) Forfeiture. Impose a forfeiture based upon a determination that
15this disposition is in the best interest of the juvenile and in aid of rehabilitation. The
16maximum forfeiture that the court may impose under this subsection for a violation
17by a juvenile is the maximum amount of the fine that may be imposed on an adult
18for committing that violation or, if the violation is applicable only to a person under
1918 years of age, $100. Any such order shall include a finding that the juvenile alone
20is financially able to pay the forfeiture and shall allow up to 12 months for payment.
21If the juvenile fails to pay the forfeiture, the court may vacate the forfeiture and order
22other alternatives under this section, in accordance with the conditions specified in
23this
subchapter chapter; or the court may suspend any license issued under ch. 29
1for not less than 30 days nor more than 5 years, or suspend the juvenile's operating
2privilege as defined in s. 340.01 (40) for not less than 30 days nor more than 5 years.
3If the court suspends any license under this subsection, the clerk of the court shall
4immediately take possession of the suspended license and forward it to the
5department which issued the license, together with a notice of suspension clearly
6stating that the suspension is for failure to pay a forfeiture imposed by the court. If
7the forfeiture is paid during the period of suspension, the suspension shall be reduced
8to the time period which has already elapsed and the court shall immediately notify
9the department which shall then return the license to the juvenile.
Note: An early draft of the material contained in the present ch. 938 placed that
material in a single new subchapter of ch. 48. This cross-reference was not corrected
when the material was created in the new ch. 938.
AB378,201,512
938.34
(16) Stay of order. After ordering a disposition under this section,
13enter an additional order staying the execution of the dispositional order contingent
14on the juvenile's satisfactory compliance with any conditions that are specified in the
15dispositional order and explained to the juvenile by the court. If the juvenile violates
16a condition of his or her dispositional order, the agency supervising the juvenile shall
17notify the court and the court shall hold a hearing within 30 days after the filing of
18the notice to determine whether the original
disposition dispositional order should
19be imposed, unless the juvenile signs a written waiver of any objections to imposing
20the original dispositional order and the court approves the waiver. If a hearing is
21held, the court shall notify the parent, juvenile, guardian and legal custodian, all
22parties bound by the original dispositional order and the district attorney or
23corporation counsel in the county in which the dispositional order was entered
at of
1the time and place of the hearing at least 3 days before the hearing. If all parties
2consent, the court may proceed immediately with the hearing. The court may not
3impose the original dispositional order unless the court finds by a preponderance of
4the evidence that the juvenile has violated a condition of his or her dispositional
5order.
Note: Inserts correct words.
AB378,201,158
938.35
(1) (intro.) The court shall enter a judgment setting forth the court's
9findings and disposition in the proceeding. A judgment in a proceeding on a petition
10under this
subchapter chapter is not a conviction of a crime, does not impose any civil
11disabilities ordinarily resulting from the conviction of a crime and does not operate
12to disqualify the juvenile in any civil service application or appointment. The
13disposition of a juvenile, and any record of evidence given in a hearing in court, is not
14admissible as evidence against the juvenile in any case or proceeding in any other
15court except for the following:
Note: An early draft of the material contained in the present ch. 938 placed that
material in a single new subchapter of ch. 48. This cross-reference was not corrected
when the material was created in the new ch. 938.