2005 Wisconsin Act 344

344,416 Section 416. 938.344 (2m) (title) and (3) (title) of the statutes are created to read:

938.344 (2m) (title) Counting violations.

(3) (title) Prosecution in adult court.

344,417 Section 417. 938.345 (1) (intro.), (a), (d), (e) and (g) of the statutes are amended to read:

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

(a) Place the juvenile in the serious juvenile offender program, or a secured juvenile correctional facility, a secured child caring institution or a secured group home residential care center for children and youth.

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

(e) Place any juvenile not specifically found under chs. ch. 46, 49, 51, 115 and, or 880 to be developmentally disabled or mentally ill have a developmental disability or a mental illness or to be a child with a disability, as defined in s. 115.76 (5), in facilities which a facility that exclusively treat treats one or more of those categories of juveniles.

(g) Order Place the juvenile into in a juvenile detention facility or juvenile portion of a county jail or in nonsecure custody under s. 938.34 (3) (f).

Note: In s. 938.345 (1) (d), stats., removes revocation of a juvenile's driving privileges as a JIPS disposition to be consistent with the parallel delinquency disposition under s. 938.34 (14m).

344,418 Section 418. 938.345 (2) of the statutes is amended to read:

938.345 (2) School dropouts and habitual truants. 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 as 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.

344,419 Section 419. 938.345 (3) (title) of the statutes is created to read:

938.345 (3) (title) Sex offender registration.

344,420 Section 420. 938.345 (3) (a) (intro.) and (c) of the statutes are amended to read:

938.345 (3) (a) (intro.) If the court finds that a juvenile is in need of protection or services on the basis of a violation, or the solicitation, conspiracy, or attempt to commit a violation, under ch. 940, 944, or 948 or ss. 942.08 or 943.01 to 943.15, the court may require the juvenile to comply with the reporting requirements under s. 301.45 if the court determines that the underlying conduct was sexually motivated, as defined in s. 980.01 (5), and that it would be is in the interest of public protection to have the juvenile report under s. 301.45. In determining whether it would be is in the interest of public protection to have the juvenile report under s. 301.45, the court may consider any of the following:

(c) If the court orders a juvenile to comply with the reporting requirements under s. 301.45, the clerk of the court in which the order is entered shall promptly forward a copy of the order to the department of corrections. If the finding of need of protection or services on which the order is based is reversed, set aside, or vacated, the clerk of the court shall promptly forward to the department of corrections a certificate stating that the finding has been reversed, set aside or vacated.

344,421 Section 421. 938.346 (1) (title) of the statutes is created to read:

938.346 (1) (title) Information to victims.

344,422 Section 422. 938.346 (1) (a) of the statutes is amended to read:

938.346 (1) (a) The procedures under s. 938.396 (1r) and (6) (1) (c) 5. and 6. for obtaining the identity of the juvenile and the juvenile's parents.

344,423 Section 423. 938.346 (1) (b) of the statutes is amended to read:

938.346 (1) (b) The procedure under s. 938.396 (1r) (1) (c) 5. for obtaining the juvenile's police records.

344,424 Section 424. 938.346 (1) (d) 2. of the statutes is amended to read:

938.346 (1) (d) 2. The procedure the victim may follow for obtaining the information in subd. 1.

344,425 Section 425. 938.346 (1m) and (2) of the statutes are amended to read:

938.346 (1m) Duties of intake workers and district attorneys. The intake worker shall make a reasonable attempt to provide notice of the information specified in under sub. (1) (a), (b), (c), and (h), the information specified in under sub. (1) (d) relating to a deferred prosecution agreement under s. 938.245, the information specified in under sub. (1) (em) relating to the right to confer, if requested, on deferred prosecution agreements and the information specified in under sub. (3) if the juvenile's case is closed. The district attorney or corporation counsel shall make a reasonable attempt to provide notice of the information specified in under sub. (1) (e), (ec), (f), (fm), and (g), the information specified in under sub. (1) (d) relating to a consent decree under s. 938.32 or a dispositional order under ss. 938.34 to 938.345, the information specified in under sub. (1) (em) relating to the right to request an opportunity to confer, if requested, on amendment of petitions, consent decrees and disposition recommendations and the information under sub. (3) if he or she decides not to file a petition or the proceeding is terminated without a consent decree or dispositional order after the filing of a petition.

(2) Restrictions on disclosure of information. The notice under sub. (1) shall include an explanation of the restrictions on divulging disclosing information obtained under this chapter and the penalties for violations violating the restrictions.

Note: Requires, in s. 938.346 (1m), stats., the district attorney or corporation counsel to provide notice to a victim of how to request testing for communicable diseases of a juvenile who is alleged to have thrown or expelled a bodily substance at another in violation of s. 946.43 (2m).

344,426 Section 426. 938.346 (3) (title), (4) (title) and (5) (title) of the statutes are created to read:

938.346 (3) (title) Closed cases.

(4) (title) Child victims.

(5) (title) Court policies and rules.

344,427 Section 427. 938.35 (1) (title) of the statutes is created to read:

938.35 (1) (title) Effect and admissibility of judgment.

344,428 Section 428. 938.35 (1m) and (2) of the statutes are amended to read:

938.35 (1m) Future criminal proceedings barred. 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 attains 17 years of age. This paragraph does not affect proceedings in criminal court which that have been transferred under s. 938.18.

(2) Court disclosure of information. Except as specifically provided in under 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.

344,429 Section 429. 938.355 (1) of the statutes is amended to read:

938.355 (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 under s. 938.01. If the judge court 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 juvenile correctional facility, a secured child caring institution, or a secured group home residential care center for children and youth 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.

344,430 Section 430. 938.355 (2) (b) 1., 1m., 4m., 5., 6. and 6r. of the statutes are amended to read:

938.355 (2) (b) 1. The specific services or continuum of services to be provided to the juvenile and the juvenile's family, the identity of the agencies which that are to be primarily responsible for the provision of the services mandated by the court, the identity of the person or agency who that 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.

1m. A notice that the juvenile's parent, guardian, or legal custodian or the juvenile, if 14 years of age or over older, may request an agency that is providing care or services for the juvenile or that has legal custody of the juvenile to disclose to, or make available for inspection by, the parent, guardian, legal custodian, or juvenile the contents of any record kept or information received by the agency about the juvenile as provided in s. 938.78 (2) (ag).

4m. If the juvenile is placed outside the home and if the juvenile's parent has not already provided a statement of the income, assets, debts, and living expenses of the juvenile and the juvenile's parent to the county department under s. 938.30 (6) (b) or (c) or 938.31 (7) (b) or (c), an order for the parent to provide that statement to the county department by a date specified by the court. The county department shall provide, without charge, to the parent a form on which to provide that statement, and the parent shall provide that statement on that the form. The county department shall use the information provided in the statement to determine whether the department may claim federal foster care and adoption assistance reimbursement under 42 USC 670 to 679a for the cost of providing care for the juvenile.

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

6. If the juvenile is placed outside the home, a finding that continued placement of the juvenile in his or her home would be contrary to the welfare of the juvenile or, if the juvenile has been adjudicated delinquent and is placed outside the home under s. 938.34 (3) (a), (c), (cm), or (d) or (4d), a finding that the juvenile's current residence will not safeguard the welfare of the juvenile or the community due to the serious nature of the act for which the juvenile was adjudicated delinquent. The court order shall also contain a finding as to whether the county department or the agency primarily responsible for providing services under a court order has made reasonable efforts to prevent the removal of the juvenile from the home, while assuring that the juvenile's health and safety are the paramount concerns, unless the court finds that any of the circumstances specified in under sub. (2d) (b) 1. to 4. applies, and a finding as to whether the county department or agency has made reasonable efforts to achieve the goal of the juvenile's permanency plan, unless return of the juvenile to the home is the goal of the permanency plan and the court finds that any of the circumstances specified in under sub. (2d) (b) 1. to 4. applies. The court shall make the findings specified in this subdivision on a case-by-case basis based on circumstances specific to the juvenile and shall document or reference the specific information on which those findings are based in the court order. A court order that merely references this subdivision without documenting or referencing that specific information in the court order or an amended court order that retroactively corrects an earlier court order that does not comply with this subdivision is not sufficient to comply with this subdivision.

6r. If the court finds that any of the circumstances specified in under sub. (2d) (b) 1. to 4. applies with respect to a parent, a determination that the county department or agency primarily responsible for providing services under the court order is not required to make reasonable efforts with respect to the parent to make it possible for the juvenile to return safely to his or her home.

Note: For an explanation of the change to s. 938.355 (2) (b) 4m., stats., see the Note to s. 938.30 (6) (b) and (c), stats., as affected by this bill.

344,431 Section 431. 938.355 (2c) (a) (intro.) and (b) of the statutes are amended to read:

938.355 (2c) (a) (intro.) 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, while assuring that the juvenile's health and safety are the paramount concerns, the court's consideration of reasonable efforts shall include, but not be limited to, whether:

(b) When a court makes a finding under sub. (2) (b) 6. as to whether the county department or the agency primarily responsible for providing services to the juvenile under a court order has made reasonable efforts to achieve the goal of the permanency plan, the court's consideration of reasonable efforts shall include 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.

344,432 Section 432. 938.355 (2d) (a) 1. of the statutes is amended to read:

938.355 (2d) (a) 1. "Aggravated circumstances" include abandonment in violation of s. 948.20 or in violation of the law of any other state or federal law if that violation would be a violation of s. 948.20 if committed in this state, torture, chronic abuse, and sexual abuse.

344,433 Section 433. 938.355 (2d) (c) 1. of the statutes is amended to read:

938.355 (2d) (c) 1. If the court finds that any of the circumstances specified in under par. (b) 1. to 4. applies with respect to a parent, the court shall hold a hearing within 30 days after the date of that finding to determine the permanency plan for the juvenile. If a hearing is held under this subdivision, the agency responsible for preparing the permanency plan shall file the permanency plan with the court not less than 5 days before the date of the hearing.

344,434 Section 434. 938.355 (2e) (b) of the statutes is amended to read:

938.355 (2e) (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.

344,435 Section 435. 938.355 (2m) of the statutes is amended to read:

938.355 (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 those 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.

344,436 Section 436. 938.355 (3) (b) 1. and 1m. of the statutes are amended to read:

938.355 (3) (b) 1. Except as provided in subd. 2., the court may not grant visitation under par. (a) to a parent of a juvenile if the parent has been convicted under s. 940.01 of the first-degree intentional homicide, or under s. 940.05 of the 2nd-degree intentional of the homicide, of the juvenile's other parent under s. 940.01 or 940.05, and the conviction has not been reversed, set aside, or vacated.

1m. Except as provided in subd. 2., if a parent who is granted visitation rights with a juvenile under par. (a) is convicted under s. 940.01 of the first-degree intentional homicide, or under s. 940.05 of the 2nd-degree intentional of the homicide, of the juvenile's other parent under s. 940.01 or 940.05, and the conviction has not been reversed, set aside, or vacated, the court shall issue an order prohibiting the parent from having visitation with the juvenile on petition of the juvenile, the guardian or legal custodian of the juvenile, a person or agency bound by the dispositional order, or the district attorney or corporation counsel of the county in which the dispositional order was entered, or on the court's own motion, and on notice to the parent.

344,437 Section 437. 938.355 (4) of the statutes is amended to read:

938.355 (4) Termination of orders. (a) Except as provided under par. (b) or s. 938.368, an order under this section or s. 938.357 or 938.365 made before the juvenile reaches attains 18 years of age that places or continues the placement of the juvenile in his or her home shall terminate at the end of one year after its entry the date on which the order is granted unless the court specifies a shorter period of time or the court terminates the order sooner. Except as provided in par. (b) or s. 938.368, an order under this section or s. 938.357 or 938.365 made before the juvenile reaches attains 18 years of age that places or continues the placement of the juvenile in a foster home, treatment foster home, group home, or residential care center for children and youth or in the home of a relative other than a parent shall terminate when the juvenile reaches attains 18 years of age, at the end of one year after its entry the date on which the order is granted, or, if the juvenile is a full-time student at a secondary school or its vocational or technical equivalent and is reasonably expected to complete the program before reaching attaining 19 years of age, when the juvenile reaches attains 19 years of age, whichever is later, unless the court specifies a shorter period of time or the court terminates the order sooner.

(b) Except as provided in s. 938.368, an order under s. 938.34 (4d) or (4m) made before the juvenile reaches attains 18 years of age may apply for up to 2 years after its entry the date on which the order is granted or until the juvenile's 18th birthday, whichever is earlier, unless the court specifies a shorter period of time or the court terminates the order sooner. If the order does not specify a termination date, it shall apply for one year after the date on which the order is granted or until the juvenile's 18th birthday, whichever is earlier, unless the court terminates the order sooner. Except as provided in s. 938.368, an order under s. 938.34 (4h) made before the juvenile reaches attains 18 years of age shall apply for 5 years after its entry the date on which the order is granted, if the juvenile is adjudicated delinquent for committing a violation of s. 943.10 (2) or for committing an act that would be punishable as a Class B or C 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. Except as provided in s. 938.368, an extension of an order under s. 938.34 (4d), (4h), (4m), or (4n) made before the juvenile reaches attains 17 years of age shall terminate at the end of one year after its entry the date on which the order is granted unless the court specifies a shorter period of time or the court terminates the order sooner. No extension under s. 938.365 of an original dispositional order under s. 938.34 (4d), (4h), (4m), or (4n) may be granted for a juvenile who is 17 years of age or older when the original dispositional order terminates.

Note: Under current law, a dispositional order placing a juvenile in a type 2 residential care center for children and youth or in a juvenile correctional facility may apply for up to 2 years or until the juvenile's 18th birthday, whichever is earlier, unless the court specifies a shorter period of time. The bill revises s. 938.355 (4) (b), stats., to provide that an order that does not specify a termination date applies for one year or until the juvenile's 18th birthday, whichever is earlier, unless the court terminates the order sooner.

344,438 Section 438. 938.355 (4m) of the statutes is amended to read:

938.355 (4m) Expungement of record. (a) A juvenile who has been adjudged delinquent under s. 48.12, 1993 stats., or s. 938.12 may, on attaining 17 years of age, petition the court to expunge the court's record of the juvenile's adjudication. Subject to par. (b), 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 from, and society will not be harmed by, the expungement.

(b) The court shall expunge the court's record of a juvenile's adjudication if it was the juvenile's first adjudication based on a violation of s. 942.08 (2) (b), (c), or (d), and if the court determines that the juvenile has satisfactorily complied with the conditions of his or her dispositional order. Notwithstanding s. 938.396 (2) (a), the court shall notify the department promptly of any expungement under this paragraph.

Note: Permits, in s. 938.355 (4m) (a), stats., the court to expunge a juvenile's delinquency adjudication under certain circumstances. This provision only applies to persons who were adjudicated delinquent for violations committed on or after the effective date of ch. 938 (July 1, 1996). [State v. Jason J.C., 216 Wis. 2d 12, 573 N.W.2d 564 (1997).] The bill provides that a person who was adjudicated delinquent for an offense committed before July 1, 1996 may also request to have his or her record expunged.

344,439 Section 439. 938.355 (6) (a) (title) of the statutes is created to read:

938.355 (6) (a) (title) Juvenile court orders.

344,440 Section 440. 938.355 (6) (a) of the statutes is renumbered 938.355 (6) (a) 1. and amended to read:

938.355 (6) (a) 1. If a juvenile who has been adjudged delinquent or to have violated a civil law or ordinance, other than an ordinance enacted under s. 118.163 (1m) or (2), violates a condition specified in sub. (2) (b) 7., the court may impose on the juvenile any of the sanctions specified in par. (d). A sanction may be imposed under this subdivision only 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 or if before the violation the juvenile has acknowledged in writing that he or she has read, or has had read to him or her, those conditions and possible sanctions and that he or she understands those conditions and possible sanctions.

2. If a juvenile who has been found to be in need of protection or services under s. 938.13 (4), (6m), (7), (12), or (14) violates a condition specified in sub. (2) (b) 7., the court may impose on the juvenile any of the sanctions specified in under par. (d), other than placement in a secure juvenile detention facility or juvenile portion of a county jail,. A sanction may be imposed under this subdivision only 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 or if before the violation the juvenile has acknowledged in writing that he or she has read, or has had read to him or her, those conditions and possible sanctions and that he or she understands those conditions and possible sanctions.

344,441 Section 441. 938.355 (6) (an) of the statutes is amended to read:

938.355 (6) (an) Municipal court orders . 1. If a juvenile who has violated a municipal ordinance, other than an ordinance enacted under s. 118.163 (1m) or (2), violates a condition of a dispositional order imposed by the municipal court, the municipal court may petition the court assigned to exercise jurisdiction under this chapter and ch. 48 to impose on the juvenile the sanction specified in under par. (d) 1. or the sanction specified in under par. (d) 3., with monitoring by an electronic monitoring system,. A sanction may be imposed under this subdivision only if, at the time of the judgment, the municipal court explained the conditions to the juvenile and informed the juvenile of those possible sanctions for a violation or if before the violation the juvenile has acknowledged in writing that he or she has read, or has had read to him or her, those conditions and possible sanctions and that he or she understands those conditions and possible sanctions. The petition shall contain a statement of whether the juvenile may be subject to the federal Indian child welfare act Child Welfare Act, 25 USC 1911 to 1963.

2. If the court assigned to exercise jurisdiction under this chapter and ch. 48 imposes the sanction specified in under par. (d) 1. or home detention with monitoring by an electronic monitoring system as specified in under par. (d) 3., on a petition described in subd. 1., that the court shall order the municipality of the municipal court that filed the petition to pay to the county the cost of providing the sanction imposed under par. (d) 1. or 3.

344,442 Section 442. 938.355 (6) (b) of the statutes is amended to read:

938.355 (6) (b) Motion to impose sanction. 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. The motion shall contain a statement of whether the juvenile may be subject to the federal Indian child welfare act Child Welfare Act, 25 USC 1911 to 1963.

344,443 Section 443. 938.355 (6) (c) (title) of the statutes is created to read:

938.355 (6) (c) (title) Sanction hearing.

344,444 Section 444. 938.355 (6) (cm) of the statutes is amended to read:

938.355 (6) (cm) Reasonable efforts finding. The court may not order the sanction of placement in a place of nonsecure custody 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. These findings are not required if they were made in the dispositional order under which the juvenile is being sanctioned. The court shall make the findings specified in under this paragraph on a case-by-case basis based on circumstances specific to the juvenile and shall document or reference the specific information on which that finding is based in the sanction order. A sanction order that merely references this paragraph without documenting or referencing that specific information in the sanction order or an amended sanction order that retroactively corrects an earlier sanction order that does not comply with this paragraph is not sufficient to comply with this paragraph.

Note: Clarifies, in s. 938.355 (6) (cm), stats., that reasonable efforts findings are not required to be made if they have already been made in the dispositional order. According to DOC and the Department of Health and Family Services (DHFS), a subsequent finding is not required.

344,445 Section 445. 938.355 (6) (d) (title) and (e) (title) of the statutes are created to read:

938.355 (6) (d) (title) Sanctions permitted.

(e) (title) Contempt of court.

344,446 Section 446. 938.355 (6d) (a) 1. and 2. and (b) 1. and 2. of the statutes are amended to read: