2005 Wisconsin Act 344

Note: See the Note to s. 938.02 (15m), stats., as renumbered to s. 938.02 (10p) by this bill.

344,110 Section 110. 938.028 of the statutes is amended to read:

938.028 Custody of Indian children. The Indian child welfare act Child Welfare Act, 25 USC 1911 to 1963, supersedes the provisions of this chapter in any child custody proceeding governed by that act.

344,111 Section 111. 938.03 (title) of the statutes is amended to read:

938.03 (title) Time and place of court; absence or disability of judge; court of record.

344,112 Section 112. 938.03 (1) of the statutes is amended to read:

938.03 (1) Time and place of court. The judge court shall set apart a time and place to hold court on juvenile matters.

344,113 Section 113. 938.03 (2) of the statutes is amended to read:

938.03 (2) Absence or disability of judge. In the case of the absence or disability of the judge of a court assigned to exercise jurisdiction under this chapter and ch. 48, another judge shall be assigned under s. 751.03 to act temporarily in the judge's place. If the judge assigned temporarily is from a circuit other than the one for which elected, the judge shall receive expenses as provided under s. 753.073.

344,114 Section 114. 938.06 (1) (a) of the statutes is amended to read:

938.06 (1) (a) 1. In counties with a population of 500,000 or more, the county board of supervisors shall provide the court with the services necessary for investigating and supervising cases under this chapter by operating a children's court center under the supervision of a director who is appointed as provided in s. 46.21 (1m) (a). The Except as otherwise provided in this subsection, the director is the chief administrative officer of the center and of the intake and probation sections and secure juvenile detention facilities of the center except as otherwise provided in this subsection. The director is charged with administration of responsible for managing the personnel of, and administering the services of, the sections and of the secure juvenile detention facilities, and is responsible for supervising both the operation of the physical plant and the maintenance and improvement of the buildings and grounds of the center.

1m. The center under subd. 1. shall include investigative services, provided by the county department, for all juveniles alleged to be in need of protection or services to be provided by the county department. The center shall also include the and the services of an assistant district attorney or assistant corporation counsel, or both, who shall be assigned to the center to provide investigative as well as and legal work in the cases under this chapter and ch. 48.

2. The chief judge of the judicial administrative district shall formulate establish written judicial policy policies governing intake and court services for juvenile matters under this chapter and the director of the center shall be charged with executing the judicial policy execute the policies. The chief judge shall direct and supervise the work of all personnel of the court, except the work of the district attorney or corporation counsel assigned to the court. The chief judge, and may delegate his or her supervisory functions.

3. The county board of supervisors shall develop establish policies and establish necessary rules for the management and administration of the nonjudicial operations of the children's court center. The director of the center shall report to, and is responsible to , the director of the county department for the execution of all nonjudicial operational relating to the center director's duty to execute the policies and rules governing the center, including activities of probation officers whenever they are not performing services for the court. The director of the center is also responsible for the preparation and submission preparing and submitting to the county board of supervisors of the annual budget for the center except for the judicial functions or responsibilities which are delegated by law to the judge or judges court and clerk of circuit court. The county board of supervisors shall make provision in the organization of, in organizing the office of director, shall provide for the devolution of the director's authority in the case of temporary absence, illness, disability to act, or a vacancy in position and shall establish the general qualifications for the position. The county board of supervisors also has the authority to investigate, arbitrate, and resolve any conflict in the administration of the center as between judicial and nonjudicial operational policy and rules. The county board of supervisors does not have authority over, and may not assert jurisdiction over, the disposition of any case or juvenile after a written order is made under s. 938.21 or if a petition is filed under s. 938.25.

4. All personnel of the intake and probation sections and of the secure juvenile detention facilities shall be appointed under civil service by the director, except that existing court service personnel having permanent civil service status may be reassigned to any of the respective sections within the center specified in this paragraph subdivision.

344,115 Section 115. 938.06 (1) (am) and (b) of the statutes are amended to read:

938.06 (1) (am) 1. All intake workers providing services under this chapter who begin employment after May 15, 1980, shall have the qualifications required to perform entry level social case work in a county department and shall have successfully completed 30 hours of intake training, approved or provided by the department , prior to the completion of the first 6 months of employment in the position. The department shall monitor compliance with this subdivision according to rules promulgated by the department.

2. The department shall make training programs available annually that permit intake workers providing services under this chapter to satisfy the requirements specified under subd. 1.

(b) Notwithstanding par. (a), the county board of supervisors may institute make changes in the administration of services to the children's court center in order to qualify for the maximum amount of federal and state aid as provided in sub. (4) and s. 46.495.

Note: Replaces "social work" with "case work" in s. 938.06 (1) (am) 1., stats., relating to intake worker qualifications. The committee found that this provision is sometimes interpreted to mean that an intake worker must have a degree in social work and be licensed as a social worker, but that many staff who perform intake work are not social workers, but: (1) have degrees from 4 year accredited colleges in other human service related fields such as criminal justice, sociology, and psychology; and (2) are trained upon hire to perform in accordance with state law and practice standards.

344,116 Section 116. 938.06 (2) and (3) of the statutes are amended to read:

938.06 (2) Counties with a population under 500,000. (a) In counties having less than 500,000 population, the county board of supervisors shall authorize the county department or the court, or both, to provide intake services required by under s. 938.067 and the staff needed to carry out the objectives and provisions of this chapter to provide dispositional services under s. 938.069. Intake services under this chapter shall be provided by employees of the court or the county department and may not be subcontracted to other individuals or agencies, except as provided in par. (am). Intake workers shall be governed in their intake work, including their responsibilities for recommending requesting the filing of a petition and entering into a deferred prosecution agreement, by general written policies which shall be formulated established by the circuit judges for the county, subject to the approval of the chief judge of the judicial administrative district.

(am) 1. Notwithstanding par. (a), any A county which that had intake services under this chapter subcontracted from the county sheriff's department on April 1, 1980, may continue to subcontract those intake services from the county sheriff's department.

2. Notwithstanding par. (a), any A county in which the county sheriff's department operates a secure juvenile detention facility may subcontract intake services under this chapter from the county sheriff's department as provided in this subdivision. If a county subcontracts intake services under this chapter from the county sheriff's department subdivision, employees of the county sheriff's department who staff the secure juvenile detention facility may make secure custody determinations under s. 938.208 between the hours of 6 p.m. and 6 a.m. and any determination under s. 938.208 made by an employee of the county sheriff's department Such a determination shall be reviewed by an intake worker employed by the court or county department within 24 hours after that determination it is made.

(b) 1. All intake workers providing services under this chapter who begin employment after May 15, 1980, excluding county sheriff's department employees who provide intake services under par. (am) 2., shall have the qualifications required to perform entry level social case work in a county department. All intake workers providing services under this chapter who begin employment after May 15, 1980, including county sheriff's department employees who provide intake services under par. (am) 2., shall have successfully completed 30 hours of intake training approved or provided by the department prior to the completion of the first 6 months of employment in the position. The department shall monitor compliance with this subdivision according to rules promulgated by the department.

2. The department shall make training programs available annually that permit intake workers providing services under this chapter to satisfy the requirements specified under subd. 1.

(3) Intake services. The court or county department responsible for providing intake services under s. 938.067 shall specify one or more persons to provide intake services. If there is more than one such worker person, one of the workers persons shall be designated as chief worker and shall supervise the other workers persons.

Note: Changes, in the last sentence in s. 938.06 (2) (a), stats., "recommending" to "requesting" in order to conform with language in current ss. 938.067 (6) and 938.24 (3) and (5), stats.

In addition see the Note to s. 938.06 (1) (am) 1., stats., as affected by this bill. The same comments apply to s. 938.06 (2) (b) 1., stats., as affected by this bill.

344,117 Section 117. 938.06 (5) of the statutes is renumbered 938.06 (5) (a) (intro.) and amended to read:

938.06 (5) (a) (intro.) The county board of supervisors of any county may, by resolution, authorize the court to use do any of the following:

1. Use placement in a secure juvenile detention facility or juvenile portion of the county jail as a disposition under s. 938.34 (3) (f), as a sanction under s. 938.355 (6m) (a) 1g., or as a place of short-term detention under s. 938.355 (6d) (a) 1. or 2. or (b) 1. or 2. or 938.534 (1) (b) 1. or 2. or to use

2. Use commitment to a county department under s. 51.42 or 51.437 for special treatment or care in an inpatient facility, as defined in s. 51.01 (10), as a disposition under s. 938.34 (6) (am).

(b) The use by the court of a disposition under s. 938.34 (3) (f) or (6) (am), a sanction under s. 938.355 (6m) (a) 1g., or short-term detention under s. 938.355 (6d) (a) 1. or 2. or (b) 1. or 2. or 938.534 (1) (b) 1. or 2. is subject to any resolution adopted under this subsection par. (a).

344,118 Section 118. 938.067 (intro.) of the statutes is amended to read:

938.067 Powers and duties of intake workers. (intro.) To carry out the objectives and provisions of this chapter but subject to its limitations, intake workers shall do all of the following:

344,119 Section 119. 938.067 (1) (title) of the statutes is created to read:

938.067 (1) (title) Screening.

344,120 Section 120. 938.067 (2) and (3) of the statutes are amended to read:

938.067 (2) Interviewing. Interview, unless impossible if possible, any juvenile who is taken into physical custody and not released, and where, if appropriate, interview other available concerned parties. If the juvenile cannot be interviewed, the intake worker shall consult with the juvenile's parent or a responsible adult. No juvenile may be placed in a secure juvenile detention facility unless the juvenile has been interviewed in person by an intake worker, except that if the intake worker is in a place which is distant from the place where the juvenile is or the hour is unreasonable, as defined by written court intake rules, and if the juvenile meets the criteria under s. 938.208, the intake worker, after consulting by telephone with the law enforcement officer who took the juvenile into custody, may authorize the secure holding of the juvenile while the intake worker is en route to the in-person interview or until 8 a.m. of the morning after the night on which the juvenile was taken into custody.

(3) Whether juvenile should be held . Determine whether the juvenile shall be held under s. 938.205 and such policies as the judge shall promulgate promulgated under s. 938.06 (1) or (2).

344,121 Section 121. 938.067 (4) (title) of the statutes is created to read:

938.067 (4) (title) Where juvenile should be held.

344,122 Section 122. 938.067 (5) of the statutes is amended to read:

938.067 (5) Crisis counseling. Provide any necessary crisis counseling during the intake process when such counseling appears to be necessary.

344,123 Section 123. 938.067 (6) (title), (6g) (title) and (6m) (title) of the statutes are created to read:

938.067 (6) (title) Request for petition; deferred prosecution.

(6g) (title) Victims' rights.

(6m) (title) Multidisciplinary screen.

344,124 Section 124. 938.067 (7) of the statutes is amended to read:

938.067 (7) Referrals. Make referrals of cases to other agencies if their assistance appears to be is needed or desirable.

344,125 Section 125. 938.067 (8) (title) and (8m) (title) of the statutes are created to read:

938.067 (8) (title) Interim recommendations.

(8m) (title) Taking juveniles into custody.

344,126 Section 126. 938.067 (9) of the statutes is amended to read:

938.067 (9) Other functions . Perform any other functions ordered by the court, and, when the court or chief judge requests, assist the court or chief judge of the judicial administrative district in developing written policies or carrying out its other duties when the court or chief judge so requests.

344,127 Section 127. 938.069 (1) (intro.), (c), (dj) and (e) of the statutes are amended to read:

938.069 (1) Duties. (intro.) The Subject to sub. (2), the staff of the department, the court, a county department, or a licensed child welfare agency designated by the court to carry out the objectives and provisions of this chapter shall:

(c) Make an affirmative effort, and investigate and develop resources, to obtain necessary or desired services for the juvenile and the juvenile's family and investigate and develop resources toward that end.

(dj) Provide aftercare services for a juvenile who has been released from a secured juvenile correctional facility, or a secured child caring institution or a secured group home residential care center for children and youth.

(e) Perform any other court-ordered functions consistent with this chapter which are ordered by the court.

344,128 Section 128. 938.069 (2) (title), (3) (title) and (4) (title) of the statutes are created to read:

938.069 (2) (title) Agency approval needed.

(3) (title) Intake services.

(4) (title) Qualifications of disposition staff.

344,129 Section 129. 938.07 (2) and (3) of the statutes are amended to read:

938.07 (2) Licensed child welfare agency. The court may request the services of a child welfare agency licensed under s. 48.60 in accordance with procedures established by that agency. The child welfare agency shall receive no compensation for these services but may be reimbursed out of funds made available to the court for the actual and necessary expenses incurred in the performance of duties for the court.

(3) County department in populous counties. In counties having a population of 500,000 or more, the court may order the director of the county department may be ordered by the court to provide services for furnishing emergency shelter care services to any juvenile whose need therefor for the services, either by reason of need of protection and services or delinquency, is determined by the intake worker under s. 938.205. The court may authorize the director to appoint members of the county department to furnish emergency shelter care services for the juvenile. The emergency shelter care may be provided as specified in under s. 938.207.

344,130 Section 130. 938.08 (1) and (2) of the statutes are amended to read:

938.08 (1) Investigations; reports. It is the duty of each A person appointed to furnish services to the court as provided in under ss. 938.06 and 938.07 to shall make such any investigations and exercise such any discretionary powers as that the judge court may direct, to keep a written record of such the investigations, and to submit a report to the judge court. The person shall keep informed concerning the conduct and condition of the juvenile under the person's supervision and shall report thereon on the conduct and condition as the judge court directs.

(2) Power to take juvenile into custody; limits. Except as provided in sub. (3) and ss. 938.355 (6d) and 938.534 (1), any a person authorized to provide or providing intake or dispositional services for the court under s. 938.067 or 938.069 has the power of police officers and deputy sheriffs only for the purpose of taking a juvenile into physical custody when the juvenile comes voluntarily or, is suffering from illness or injury, or is in immediate danger from his or her surroundings and removal from the surroundings is necessary.

344,131 Section 131. 938.08 (3) of the statutes is amended to read:

938.08 (3) Conditions for certain other persons to take juvenile into custody. (a) In addition to the law enforcement authority specified in under sub. (2), department personnel designated by the department, personnel of an agency contracted with under s. 301.08 (1) (b) 3. and designated by agreement between the agency and the department, and personnel of a county contracted with under s. 301.08 (1) (b) 4. and designated by agreement between the county and the department have the power of law enforcement authorities to take a juvenile into physical custody under the following conditions:

1. If they are in prompt pursuit of a juvenile who has run away from a secured juvenile correctional facility, or a residential care center for children and youth, or a secured group home.

2. If the juvenile has failed to return to a secured juvenile correctional facility, or a residential care center for children and youth, or a secured group home after any authorized absence.

(b) A juvenile who is taken into custody under par. (a) may be returned directly to the secured juvenile correctional facility, or residential care center for children and youth, or secured group home and shall have a hearing regarding placement in a disciplinary cottage or in disciplinary status in accordance with ch. 227.

Note: Deletes the reference to "disciplinary cottage" in s. 938.08 (3) (b), stats., because it is an outdated concept.

344,132 Section 132. 938.09 (1) to (6) of the statutes are amended to read:

938.09 (1) Delinquency. By the district attorney, in any matter arising under s. 938.12.

(2) Civil law violation. By the district attorney or, if designated by the county board of supervisors, by the corporation counsel, in any matter concerning a civil law violation arising under s. 938.125. If the county board transfers this authority to or from the district attorney on or after May 11, 1990, the board may do so only if the action is effective on September 1 of an odd-numbered year and the board notifies the department of administration of that change by January 1 of that odd-numbered year.

(3) Municipal ordinance violation. By the city, village, or town attorney, in any matter concerning a city, village, or town ordinance violation, respectively, arising under s. 938.125.

(4) County ordinance violation. By any an appropriate person designated by the county board of supervisors in any matter concerning a noncity county ordinance violation arising under s. 938.125.

(5) Juvenile in need of protection or services. By the district attorney or, if designated by the county board of supervisors, by the corporation counsel, in any matter arising under s. 938.13. If the county board transfers this authority to or from the district attorney on or after May 11, 1990, the board may do so only if the action is effective on September 1 of an odd-numbered year and the board notifies the department of administration of that change by January 1 of that odd-numbered year.

(6) Interstate compact . By any an appropriate person designated by the county board of supervisors in any matter arising under s. 938.14.

344,133 Section 133. 938.10 of the statutes is amended to read:

938.10 Power of the judge to act as intake worker. The duties of the intake worker may be carried out from time to time by the judge at his or her discretion, but except that if a request to file a petition is made, a citation is issued, or a deferred prosecution agreement is entered into, the judge shall be is disqualified from participating further in the proceedings.

344,134 Section 134. 938.12 of the statutes is amended to read:

938.12 Jurisdiction over juveniles alleged to be delinquent. (1) In general. The court has exclusive jurisdiction, except as provided in ss. 938.17, 938.18, and 938.183, over any juvenile 10 years of age or over older who is alleged to be delinquent.

(2) Seventeen-year olds. If a court proceeding has been commenced under this section before a petition alleging that a juvenile is delinquent is filed before the juvenile is 17 years of age, but the juvenile becomes 17 years of age before admitting the facts of the petition at the plea hearing or if the juvenile denies the facts, before an adjudication, the court retains jurisdiction over the case.