AB443,99,522 (d) If the juvenile is not represented by counsel at the hearing and the juvenile
23is continued in custody as a result of the hearing, the juvenile may request through

1counsel subsequently appointed or retained or through a guardian ad litem that the
2order to hold in custody be reheard. If the request is made, a rehearing shall take
3place as soon as possible. Whether or not counsel was present, any An order to hold
4the juvenile in custody shall be subject to rehearing reheard for good cause whether
5or not counsel was present
.
AB443, s. 201 6Section 201. 938.21 (3) (b), (d) and (e) of the statutes are amended to read:
AB443,99,117 938.21 (3) (b) If present at the hearing, a copy of the petition or request shall
8be given to the parent, guardian, or legal custodian, and to the juvenile if he or she
9is 12 years of age or older, before the hearing begins. Prior notice of the hearing shall
10be given to the juvenile's parent, guardian, and legal custodian and to the juvenile
11if he or she is 12 years of age or older in accordance with under s. 938.20 (8).
AB443,99,1612 (d) Prior to the commencement of the hearing, the court shall inform the
13parent, guardian, or legal custodian shall be informed by the court of the allegations
14that have been made or may be made, the nature and possible consequences of this
15hearing as compared to possible future hearings, the right to confront and
16cross-examine witnesses, and the right to present witnesses.
AB443,99,2317 (e) If the parent, guardian, or legal custodian or the juvenile is not represented
18by counsel at the hearing and the juvenile is continued in custody as a result of the
19hearing, the parent, guardian, legal custodian, or juvenile may request through
20counsel subsequently appointed or retained or through a guardian ad litem that the
21order to hold the juvenile in custody be reheard. If the request is made, a rehearing
22shall take place as soon as possible. Any An order to hold the juvenile in custody shall
23be subject to rehearing reheard for good cause, whether or not counsel was present.
AB443, s. 202 24Section 202. 938.21 (4) (intro.) of the statutes is amended to read:
AB443,100,3
1938.21 (4) Order to continue in custody. (intro.) If the judge or circuit court
2commissioner
court finds that the juvenile should be continued in custody under the
3criteria of s. 938.205, he or she the court shall enter one of the following orders:
AB443, s. 203 4Section 203. 938.21 (4) (a) and (4m) of the statutes are amended to read:
AB443,100,125 938.21 (4) (a) Place the juvenile with a parent, guardian, legal custodian, or
6other responsible person and may impose reasonable restrictions on the juvenile's
7travel, association with other persons, or places of abode during the period of
8placement, including a condition requiring the juvenile to return to other custody as
9requested; or subject the juvenile to the supervision of an agency agreeing to
10supervise the juvenile. Reasonable restrictions may be placed upon the conduct of
11the parent, guardian, legal custodian, or other responsible person which may be
12necessary to ensure the safety of the juvenile.
AB443,100,15 13(4m) Electronic monitoring. The judge or circuit court commissioner may
14include in an
An order under sub. (4) (a) or (b) may include a condition that the
15juvenile be monitored by an electronic monitoring system.
AB443, s. 204 16Section 204. 938.21 (5) (b) 1. and 3. of the statutes are amended to read:
AB443,101,1117 938.21 (5) (b) 1. A finding that continued placement of the juvenile in his or her
18home would be contrary to the welfare of the juvenile. Unless the judge or circuit
19court commissioner
court finds that any of the circumstances specified in s. 938.355
20(2d) (b) 1. to 4. applies, the order shall in addition include a finding as to whether the
21person who took the juvenile into custody and the intake worker have made
22reasonable efforts to prevent the removal of the juvenile from the home, while
23assuring that the juvenile's health and safety are the paramount concerns, and a
24finding as to whether the person who took the juvenile into custody and the intake
25worker have made reasonable efforts to make it possible for the juvenile to return

1safely home or, if. If for good cause shown sufficient information is not available for
2the judge or circuit court commissioner court to make a finding as to whether those
3reasonable efforts were made to prevent the removal of the juvenile from the home,
4the order shall include a finding as to whether those reasonable efforts were made
5to make it possible for the juvenile to return safely home and an order for the county
6department or agency primarily responsible for providing services to the juvenile
7under the custody order to file with the court sufficient information for the judge or
8circuit court commissioner
court to make a finding as to whether those reasonable
9efforts were made to prevent the removal of the juvenile from the home by no later
10than 5 days, excluding Saturdays, Sundays, and legal holidays, after the date of the
11order.
AB443,101,1712 3. If the judge or circuit court commissioner court finds that any of the
13circumstances specified in s. 938.355 (2d) (b) 1. to 4. applies with respect to a parent,
14a determination that the county department or agency primarily responsible for
15providing services under the custody order is not required to make reasonable efforts
16with respect to the parent to make it possible for the juvenile to return safely to his
17or her home.
Note: Revises s. 938.21 (5) (b) 1., stats., by specifying that the 5-day time limit in
which to make a finding following the custody hearing as to whether reasonable efforts
were made to prevent removal of the juvenile from the home excludes Saturdays,
Sundays, and legal holidays.
AB443, s. 205 18Section 205. 938.21 (5) (c) and (d) 1. of the statutes are amended to read:
AB443,102,319 938.21 (5) (c) The judge or circuit court commissioner court shall make the
20findings specified in par. (b) 1. and 3. on a case-by-case basis based on circumstances
21specific to the juvenile and shall document or reference the specific information on
22which those findings are based in the custody order. A custody order that merely
23references par. (b) 1. or 3. without documenting or referencing that specific

1information in the custody order or an amended custody order that retroactively
2corrects an earlier custody order that does not comply with this paragraph is not
3sufficient to comply with this paragraph.
AB443,102,104 (d) 1. If the judge or circuit court commissioner court finds that any of the
5circumstances specified in s. 938.355 (2d) (b) 1. to 4. applies with respect to a parent,
6the judge or circuit court commissioner court shall hold a hearing within 30 days
7after the date of that finding to determine the permanency plan for the juvenile. If
8a hearing is held under this subdivision, the agency responsible for preparing the
9permanency plan shall file the permanency plan with the court not less than 5 days
10before the date of the hearing.
AB443, s. 206 11Section 206. 938.21 (6) of the statutes is amended to read:
AB443,102,1612 938.21 (6) Amendment of order. An order placing a juvenile under sub. (4) (a)
13on conditions specified in this section may at any time be amended at any time, with
14notice, so as to return place the juvenile to in another form of custody for failure to
15conform to the conditions originally imposed. A juvenile may be transferred to secure
16custody if he or she meets the criteria of s. 938.208.
AB443, s. 207 17Section 207. 938.21 (7) of the statutes is amended to read:
AB443,102,2218 938.21 (7) Deferred prosecution. If the judge or circuit court commissioner
19court determines that the best interests of the juvenile and the public are served, he
20or she
the court may enter a consent decree under s. 938.32 or order dismiss the
21petition dismissed and refer the matter to the intake worker for deferred prosecution
22in accordance with s. 938.245.
AB443, s. 208 23Section 208. 938.22 (title) of the statutes is amended to read:
AB443,102,25 24938.22 (title) Establishment of county or County and private juvenile
25facilities.
AB443, s. 209
1Section 209. 938.22 (1) (title) of the statutes is created to read:
AB443,103,22 938.22 (1) (title) Establishment and policies.
AB443, s. 210 3Section 210. 938.22 (1) (a), (b) and (c) of the statutes are amended to read:
AB443,103,154 938.22 (1) (a) Subject to s. 48.66 (1) (b), the county board of supervisors of any
5a county may establish a secured group home or a secure juvenile detention facility
6in accordance with ss. 301.36 and 301.37 or the county boards of supervisors for 2 or
7more counties may jointly establish a secured group home or a secure juvenile
8detention facility in accordance with ss. 46.20, 301.36, and 301.37. The county board
9of supervisors of any a county may establish a shelter care facility in accordance with
10ss. 46.16 and 46.17 or the county boards of supervisors for 2 or more counties may
11jointly establish a shelter care facility in accordance with ss. 46.16, 46.17, and 46.20.
12A private entity may establish a secure juvenile detention facility in accordance with
13ss. 301.36 and 301.37 and contract with one or more county boards of supervisors
14under s. 938.222 for holding to hold juveniles in the private secure juvenile detention
15facility.
AB443,103,2216 (b) Subject to sub. (3) (ar), in counties having a population of less than 500,000,
17the nonjudicial operational policies of a public secured group home, secure juvenile
18detention facility or shelter care facility shall be determined by the county board of
19supervisors or, in the case of a public secured group home, secure juvenile detention
20facility or shelter care facility established by 2 or more counties, by the county boards
21of supervisors for the 2 or more counties jointly. Those policies shall be executed by
22the superintendent appointed under sub. (3) (a).
AB443,104,223 (c) In counties having a population of 500,000 or more, the nonjudicial
24operational policies of a public secured group home, secure juvenile detention facility
25and the detention section of the children's court center shall be established by the

1county board of supervisors, and the execution thereof policies shall be the
2responsibility of
executed by the director of the children's court center.
AB443, s. 211 3Section 211. 938.22 (2) (title) of the statutes is created to read:
AB443,104,44 938.22 (2) (title) Plans and requirements.
AB443, s. 212 5Section 212. 938.22 (2) (a) and (b) of the statutes are amended to read:
AB443,104,176 938.22 (2) (a) Counties shall submit plans for the secured group home, secure
7a juvenile detention facility or juvenile portion of the county jail to the department
8of corrections and submit plans for the a shelter care facility to the department of
9health and family services. A private entity that proposes to establish a secure
10juvenile detention facility shall submit plans for the secure detention facility to the
11department of corrections. The applicable department shall review the submitted
12plans. A county or a private entity may not implement any such a plan unless the
13applicable department has approved the plan. The department of corrections shall
14promulgate rules establishing minimum requirements for the approval of the and
15operation of secured group homes, secure juvenile detention facilities and the
16juvenile portion of county jails. The plans and rules shall be designed to protect the
17health, safety, and welfare of the juveniles placed in those facilities.
AB443,104,2518 (b) If the department approves, a secure juvenile detention facility or a
19holdover room may be a part of located in a public building in which there is a jail
20or other facility for the detention of adults if the secure juvenile detention facility or
21holdover room is so physically segregated from the jail or other facility so that
22juveniles may enter the secure juvenile detention facility or holdover room may be
23entered
without passing through areas where adults are confined and that juveniles
24detained in the secure juvenile detention facility or holdover room cannot
25communicate with or view adults confined therein in the jail or other facility.
AB443, s. 213
1Section 213. 938.22 (3) of the statutes is amended to read:
AB443,105,102 938.22 (3) Supervision of facility. (a) In counties having a population of less
3than 500,000, public secured group homes, secure juvenile detention facilities and
4public shelter care facilities shall be in the charge of a superintendent. The county
5board of supervisors or, where 2 or more counties operate joint public secured group
6homes, secure
juvenile detention facilities or shelter care facilities, the county boards
7of supervisors for the 2 or more counties jointly shall appoint the superintendent and
8other necessary personnel for the care and education of the juveniles placed in those
9facilities, subject to par. (am) and to civil service regulations in counties having civil
10service.
AB443,105,1711 (am) If a secure juvenile detention facility or holdover room is part of a public
12building in which there is a jail or other facility for the detention of adults, the sheriff
13or other keeper of the jail or other facility for the detention of adults may nominate
14persons to be considered under par. (a) for the position of superintendent of the
15secure juvenile detention facility or holdover room. Nominees under this paragraph
16shall have demonstrated administrative abilities and a demonstrated interest in the
17problems of
juvenile justice and the welfare of juveniles.
AB443,105,2418 (ar) Notwithstanding sub. (1) (b), if a secure juvenile detention facility or
19holdover room is part of located in a public building in which there is a jail or other
20facility for the detention of adults, the sheriff or other keeper of the jail or other
21facility for the detention of adults shall determine the security and emergency
22response
policies of that secure juvenile detention facility or holdover room relating
23to security and emergency response
and shall determine the procedures for
24implementing those policies.
AB443,106,7
1(b) In counties having a population of 500,000 or more, the director of the
2children's court center shall be in charge of and responsible for public secured group
3homes, secure
juvenile detention facilities, the secure juvenile detention section of
4the center, and the personnel assigned to this section, including a detention
5supervisor or superintendent. The director of the children's court center may also
6serve as superintendent of detention if the county board of supervisors so
7determines.
AB443,106,108 (bm) A private secure juvenile detention facility shall be in the charge of a
9superintendent appointed by the private entity operating the secure detention
10facility.
AB443,106,1411 (c) All superintendents A superintendent appointed under par. (a), (b), or (bm)
12after May 1, 1992, shall, within one year after that appointment, successfully
13complete an administrative training program approved or provided by the
14department of justice.
AB443, s. 214 15Section 214. 938.22 (5) (title) and (7) (title) of the statutes are created to read:
AB443,106,1616 938.22 (5) (title) County contracts with private facilities.
AB443,106,17 17(7) (title) Licensing of shelter care facilities.
AB443, s. 215 18Section 215. 938.22 (7) (a) and (b) of the statutes are amended to read:
AB443,106,2519 938.22 (7) (a) No person may establish a shelter care facility without first
20obtaining a license under s. 48.66 (1) (a). To obtain a license under s. 48.66 (1) (a) to
21operate a shelter care facility, a person must meet the minimum requirements for a
22license established by the department of health and family services under s. 48.67,
23meet the requirements specified in s. 48.685, and pay the license fee under par. (b).
24A license issued under s. 48.66 (1) (a) to operate a shelter care facility is valid until
25revoked or suspended, but shall be reviewed every 2 years as provided in s. 48.66 (5).
AB443,107,8
1(b) Before the department of health and family services may issue a license
2under s. 48.66 (1) (a) to operate a shelter care facility, the shelter care facility must
3shall pay to that department a biennial fee of $60.50, plus a biennial fee of $18.15 per
4juvenile, based on the number of juveniles that the shelter care facility is licensed
5to serve. A shelter care facility that wishes to continue a license issued under s. 48.66
6(1) (a) shall pay the fee under this paragraph by the continuation date of the license.
7A new shelter care facility shall pay the fee under this paragraph by no later than
830 days before the opening of the shelter care facility.
AB443, s. 216 9Section 216. 938.222 (1) of the statutes is amended to read:
AB443,107,1510 938.222 (1) Uses of facilities. The county board of supervisors of any a county
11may contract with a private entity that operates a secure juvenile detention facility
12for the use of the secure detention facility for the holding of to hold juveniles who
13meet the criteria under s. 48.208, 938.17 (1), 938.183 (1m) (a), or 938.208 or who are
14subject to a disposition under s. 938.17 (1) (b) or 938.34 (3) (f), a sanction under s.
15938.355 (6) (d) 1., or short-term detention under s. 938.355 (6d) or 938.534 (1).
AB443, s. 217 16Section 217. 938.222 (2) (title) of the statutes is created to read:
AB443,107,1717 938.222 (2) (title) Contract requirements.
AB443, s. 218 18Section 218. 938.222 (2) (a) 1. and 2. of the statutes are amended to read:
AB443,107,2319 938.222 (2) (a) 1. That the private secure juvenile detention facility meet or
20exceed the minimum requirements for the approval and operation of a secure
21juvenile detention facility established by the department by rules promulgated rule
22under s. 938.22 (2) (a) and that the private secure juvenile detention facility be
23approved by the department under s. 301.36.
AB443,108,3
12. That the private secure juvenile detention facility provide educational
2programming, health care, and other care that is equivalent to that which a juvenile
3would receive if held in a public secure juvenile detention facility.
AB443, s. 219 4Section 219. 938.223 (1) (title) of the statutes is created to read:
AB443,108,55 938.223 (1) (title) Uses of facilities.
AB443, s. 220 6Section 220. 938.223 (2) (title) of the statutes is created to read:
AB443,108,77 938.223 (2) (title) Contract requirements.
AB443, s. 221 8Section 221. 938.223 (2) (a) 1. and 2. of the statutes are amended to read:
AB443,108,139 938.223 (2) (a) 1. That the Minnesota secure juvenile detention facility meet
10or exceed the minimum requirements for the approval and operation of a Wisconsin
11secure juvenile detention facility established by the department by rules
12promulgated
rule under s. 938.22 (2) (a) and that the Minnesota secure juvenile
13detention facility be approved by the department under s. 301.36.
AB443,108,1614 2. That the Minnesota secure juvenile detention facility provide educational
15programming, health care, and other care that is equivalent to that which a juvenile
16would receive if held in a Wisconsin secure juvenile detention facility.
AB443, s. 222 17Section 222. 938.223 (3) of the statutes is amended to read:
AB443,108,2218 938.223 (3) Minnesota juveniles in Wisconsin facilities. The county board
19of supervisors of any a county that operates a secure juvenile detention facility may
20contract with one or more counties in Minnesota for the use of the secure juvenile
21detention facility operated by the Wisconsin county for the holding of juveniles
22transferred to that secure juvenile detention facility by the Minnesota county.
AB443, s. 223 23Section 223. 938.224 (1) of the statutes is amended to read:
AB443,109,424 938.224 (1) Uses of facilities. The county board of supervisors of any a county
25may contract with the department for the use of a secured juvenile correctional

1facility operated by the department for the holding of juveniles who meet the criteria
2under s. 48.208, 938.17 (1), 938.183 (1m) (a), or 938.208 or who are subject to a
3disposition under s. 938.17 (1) (b) or 938.34 (3) (f), a sanction under s. 938.355 (6) (d)
41., or short-term detention under s. 938.355 (6d) or 938.534 (1).
AB443, s. 224 5Section 224. 938.224 (2) (title), (3) (title) and (4) (title) of the statutes are
6created to read:
AB443,109,77 938.224 (2) (title) Contract requirements.
AB443,109,8 8(3) (title) Additional requirements.
AB443,109,9 9(4) (title) Supervision and control of juveniles.
AB443, s. 225 10Section 225. 938.23 (1g) and (1m) (a), (am) and (b) 2. of the statutes are
11amended to read:
AB443,109,1312 938.23 (1g) Definition. In this section, "counsel" means an attorney acting as
13adversary counsel who.
AB443,109,16 14(1j) Duties of Counsel. Counsel shall advance and protect the legal rights of
15the party represented, and who. Counsel may not act as guardian ad litem for any
16party in the same proceeding.
AB443,109,25 17(1m) (a) Any A juvenile alleged to be delinquent under s. 938.12 or held in a
18secure juvenile detention facility shall be represented by counsel at all stages of the
19proceedings, but a. A juvenile 15 years of age or older may waive counsel if the court
20is satisfied that the waiver is knowingly and voluntarily made and the court accepts
21the waiver. If the waiver is accepted, the court may not place the juvenile in a secured
22juvenile correctional facility, a secured child caring institution or a secured group
23home
residential care center for children and youth, transfer supervision of the
24juvenile to the department for participation in the serious juvenile offender program,
25or transfer jurisdiction over the juvenile to adult court.
AB443,110,2
1(am) A juvenile subject to a sanction under s. 938.355 (6) (a) shall be is entitled
2to representation by counsel at the hearing under s. 938.355 (6) (c).
AB443,110,83 (b) 2. If the petition is contested, the court may not place the juvenile outside
4his or her home unless the juvenile is represented by counsel at the fact-finding
5hearing and subsequent proceedings. If the petition is not contested, the court may
6not place the juvenile outside his or her home unless the juvenile is represented by
7counsel at the hearing at which the placement is made. For a juvenile under 12 years
8of age, the judge court may appoint a guardian ad litem instead of counsel.
AB443, s. 226 9Section 226. 938.23 (3), (4) and (5) of the statutes are amended to read:
AB443,110,1510 938.23 (3) Power of the court to appoint counsel. Except in proceedings
11under s. 938.13
as provided in this subsection, at any time, upon request or on its own
12motion, the court may appoint counsel for the juvenile or any party, unless the
13juvenile or the party has or wishes to retain counsel of his or her own choosing. The
14court may not appoint counsel for any party other than the juvenile in a proceeding
15under s. 938.13.
AB443,111,2 16(4) Providing counsel. In any situation under this section in which If a
17juvenile has a right to be represented by counsel or is provided counsel at the
18discretion of the court under this section and counsel is not knowingly and
19voluntarily waived, the court shall refer the juvenile to the state public defender and
20counsel shall be appointed by the state public defender under s. 977.08 without a
21determination of indigency. In any other situation under this section in which a
22person has a right to be represented by counsel or is provided counsel at the
23discretion of the court, competent and independent counsel shall be provided and
24reimbursed in any manner suitable to the court regardless of the person's ability to
25pay, except that the court may not order a person who files a petition under s. 813.122

1or 813.125 to reimburse counsel for the juvenile who is named as the respondent in
2that petition.
AB443,111,5 3(5) Counsel of own choosing. Regardless of any provision of this section
4Notwithstanding subs. (3) and (4)
, any party is entitled to retain counsel of his or her
5own choosing at his or her own expense in any proceeding under this chapter.
AB443, s. 227 6Section 227. 938.235 (3) (a) and (b) (intro.) of the statutes are amended to read:
AB443,111,157 938.235 (3) (a) The guardian ad litem shall be an advocate for the best interests
8of the person for whom the appointment is made. The guardian ad litem shall
9function independently, in the same manner as an attorney for a party to the action,
10and shall consider, but shall not be bound by, the wishes of such the person or the
11positions of others as to the best interests of such the person. If the guardian ad litem
12determines that the best interests of the person are substantially inconsistent with
13the person's wishes of such person, the guardian ad litem shall so inform the court
14and the court may appoint counsel to represent that the person. The guardian ad
15litem has none of the rights or duties of a general guardian.
AB443,111,1816 (b) (intro.) In addition to any other duties and responsibilities required of a
17guardian ad litem, a guardian ad litem appointed for a juvenile who is the subject
18of a proceeding under s. 938.13 shall do all of the following:
AB443, s. 228 19Section 228. 938.235 (7) and (8) (b) of the statutes are amended to read:
AB443,112,920 938.235 (7) Termination and extension of appointment. The appointment of
21a guardian ad litem under sub. (1) terminates upon the entry of the court's final order
22or upon the termination of any appeal in which the guardian ad litem participates.
23The guardian ad litem may appeal, may participate in an appeal, or may do neither.
24If an appeal is taken by any party and the guardian ad litem chooses not to
25participate in that the appeal, he or she shall file with the appellate court a statement

1of reasons for not participating. Irrespective of the guardian ad litem's decision not
2to participate in an appeal, the appellate court may order the guardian ad litem to
3participate in the appeal. At any time, the guardian ad litem, any party, or the person
4for whom the appointment is made may request in writing or on the record that the
5court extend or terminate the appointment or reappointment. The court may extend
6that appointment, or reappoint a guardian ad litem appointed under this section,
7after the entry of the final order or after the termination of the appeal, but the court
8shall specifically state the scope of the responsibilities of the guardian ad litem
9during the period of that the extension or reappointment.
AB443,112,21 10(8) (b) The court may order either or both of the parents of a juvenile for whom
11a guardian ad litem is appointed under this chapter to pay all or any part of the
12compensation of the guardian ad litem. In addition, upon Upon motion by the
13guardian ad litem, the court may order either or both of the parents of the juvenile
14to pay the fee for an expert witness used by the guardian ad litem, if the guardian
15ad litem shows that the use of the expert is necessary to assist the guardian ad litem
16in performing his or her functions or duties under this chapter. If one or both of the
17parents are indigent or if the court determines that it would be unfair to a parent to
18require him or her to pay, the court may order the county of venue to pay the
19compensation and fees, in whole or in part. If the court orders the county of venue
20to pay because a parent is indigent, the court may also order either or both of the
21parents to reimburse the county, in whole or in part, for the payment.
AB443, s. 229 22Section 229. 938.237 (1) (title), (2) (title) and (3) (title) of the statutes are
23created to read:
AB443,112,2424 938.237 (1) (title) Citation form.
AB443,112,25 25(2) (title) Procedures.
AB443,113,1
1(3) (title) Disposition.
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