AB443,144,2319 938.299 (1) (b) Except as provided in par. (av) and s. 938.396, any person who
20divulges any information which that would identify the juvenile or the family
21involved in any proceeding under this chapter is subject to ch. 785. This paragraph
22does not preclude a victim of the juvenile's act from commencing a civil action based
23upon the juvenile's act.
AB443, s. 311 24Section 311. 938.299 (4) (title) of the statutes is created to read:
AB443,144,2525 938.299 (4) (title) Evidentiary rules at hearings.
AB443, s. 312
1Section 312. 938.299 (4) (b) and (5) of the statutes are amended to read:
AB443,145,152 938.299 (4) (b) Except as provided in s. 901.05, neither common law nor and
3statutory rules of evidence are not binding at a waiver hearing under s. 938.18, a
4hearing for a juvenile held in custody under s. 938.21, a hearing under s. 938.296 (4)
5for a juvenile who is alleged to have violated s. 940.225, 948.02, 948.025, 948.05, or
6948.06, a hearing under s. 938.296 (5) for a juvenile who is alleged to have violated
7s. 946.43 (2m), a dispositional hearing, or any postdispositional hearing under this
8chapter. At those hearings, the court shall admit all testimony having reasonable
9probative value, but shall exclude immaterial, irrelevant, or unduly repetitious
10testimony, or evidence that is inadmissible under s. 901.05. Hearsay evidence may
11be admitted if it has demonstrable circumstantial guarantees of trustworthiness.
12The court shall give effect to the rules of privilege recognized by law. The court shall
13apply the basic principles of relevancy, materiality, and probative value to proof of
14all questions of fact. Objections to evidentiary offers and offers of proof of evidence
15not admitted may be made and shall be noted in the record.
AB443,145,22 16(5) Telephone or live audiovisual hearings. On request of any party, unless
17good cause to the contrary is shown, any hearing under s. 938.209 (1) (a) 5. or 938.21
18(1) may be held on the record by telephone or live audiovisual means or testimony
19may be received by telephone or live audiovisual means as prescribed in under s.
20807.13 (2). The request and the showing of good cause for not conducting the hearing
21or admitting testimony by telephone or live audiovisual means may be made by
22telephone.
AB443, s. 313 23Section 313. 938.299 (6) (title), (7) (title), (8) (title) and (9) (title) of the statutes
24are created to read:
AB443,145,2525 938.299 (6) (title) Establishment of paternity when man alleges paternity.
AB443,146,1
1(7) (title) Establishment of paternity when no man alleges paternity.
AB443,146,2 2(8) (title) Testimony of juvenile's mother relating to paternity.
AB443,146,3 3(9) (title) American Indian juvenile; tribal court involvement.
AB443, s. 314 4Section 314. 938.299 (9) (a) and (b) of the statutes are amended to read:
AB443,146,115 938.299 (9) (a) If a petition under s. 938.12 or 938.13 (12) includes the
6statement in s. 938.255 (1) (cr) 2. or if the court is informed during a proceeding under
7s. 938.12 or 938.13 (12) that a petition relating to the delinquent act has been filed
8in a tribe's court with respect to a juvenile to whom the circumstances specified in
9s. 938.255 (1) (cr) 1. apply, the court shall stay the proceeding and communicate with
10the tribal court in which the other proceeding is or may be pending to discuss which
11court may be is the more appropriate forum.
AB443,146,1612 (b) If the court and tribal court either mutually agree or agree under the terms
13of an established judicial protocol applicable to the court that the tribal court would
14be
is the more appropriate forum, the court shall dismiss the petition without
15prejudice or stay the proceeding. The court's decision shall be based on the best
16interests of the juvenile and of the public.
AB443, s. 315 17Section 315. 938.30 (1) (title) of the statutes is created to read:
AB443,146,1818 938.30 (1) (title) Time of hearing.
AB443, s. 316 19Section 316. 938.30 (2) of the statutes is amended to read:
AB443,147,220 938.30 (2) Information to juvenile and parents; basic rights; substitution.
21At or before the commencement of the hearing under this section the juvenile and
22the parent, guardian, or legal custodian shall be advised of their rights as specified
23in s. 938.243 and shall be informed that the hearing shall be to the court and that
24a request for a substitution of judge under s. 938.29 must be made before the end of
25the plea hearing or be is waived. Nonpetitioning parties, including the juvenile, shall

1be granted a continuance of the plea hearing if they wish to consult with an attorney
2on the request for a substitution of a judge.
AB443, s. 317 3Section 317. 938.30 (3) (title) and (4) (title) of the statutes are created to read:
AB443,147,54 938.30 (3) (title) Juvenile in need of protection or services proceeding;
5possible pleas.
AB443,147,7 6(4) (title) Delinquency and civil law or ordinance proceedings; possible
7pleas.
AB443, s. 318 8Section 318. 938.30 (4) (a), (bm) and (c) of the statutes are amended to read:
AB443,147,119 938.30 (4) (a) Admit some or all of the facts alleged in the petition or citation,
10however, such a
. This plea is an admission only of the commission of the acts and does
11not constitute an admission of delinquency.
AB443,147,1312 (bm) Plead no contest to the allegations, but only if the court permits the
13juvenile to enter that plea.
AB443,147,1714 (c) Except pursuant to in the case of a petition or citation under s. 938.125, state
15that he or she is not responsible for the acts alleged in the petition by reason of mental
16disease or defect. This plea shall be joined with an admission under par. (a), a denial
17under par. (b), or a plea of no contest under par. (bm).
AB443, s. 319 18Section 319. 938.30 (4m) of the statutes is renumbered 938.30 (4m) (intro.)
19and amended to read:
AB443,147,2420 938.30 (4m) Court to inquire about notice to victims. (intro.) Before
21accepting a plea under sub. (4) in a proceeding in which a juvenile is alleged to be
22delinquent under s. 938.12 or to be in need of protection or services under s. 938.13
23(12), the court shall inquire of the district attorney or corporation counsel whether
24he
as to all of the following:
AB443,148,2
1(a) Whether he or she has complied with s. ss. 938.265 and whether he or she
2has complied with s.
938.27 (4m), whether any.
AB443,148,5 3(b) Whether any of the known victims requested notice of the date, time, and
4place of the plea hearing and, if so, whether the district attorney or corporation
5counsel provided to the victim that notice of the date, time and place of the hearing.
AB443, s. 320 6Section 320. 938.30 (5) (title) of the statutes is created to read:
AB443,148,77 938.30 (5) (title) Not competent or not responsible.
AB443, s. 321 8Section 321. 938.30 (5) (a) 2., (c) (intro.) and (d) (intro.) of the statutes are
9amended to read:
AB443,148,1510 938.30 (5) (a) 2. If the juvenile denies the allegations in the petition or citation,
11the court shall hold a fact-finding hearing on the allegations in the petition or
12citation as provided under s. 938.31. If, at the end of the fact-finding after the
13hearing, the court finds that the allegations in the petition have been proven, the
14court shall immediately hold a hearing to determine whether the juvenile was not
15responsible by reason of mental disease or defect.
AB443,148,1816 (c) (intro.) If the court finds that the juvenile was not responsible by reason of
17mental disease or defect, as described under s. 971.15 (1) and (2), the court shall
18dismiss the petition with prejudice and shall also do one of the following:
AB443,148,2119 (d) (intro.) If the court finds that the juvenile is not competent to proceed, as
20described in s. 971.13 (1) and (2), the court shall suspend proceedings on the petition
21and shall also do one of the following:
AB443, s. 322 22Section 322. 938.30 (5) (e) 1. of the statutes is renumbered 938.30 (5) (e) 1.
23(intro.) and amended to read:
AB443,149,824 938.30 (5) (e) 1. (intro.) A juvenile who is not competent to proceed, as described
25in s. 971.13 (1) and (2), but who is likely to become competent to proceed within 12

1months or within the time period of the maximum sentence that may be imposed on
2an adult for the most serious delinquent act with which the juvenile is charged,
3whichever is less, and who is committed under s. 51.20 following an order under par.
4(d) 1. or who is placed under a dispositional order following an order under par. (d)
52., shall be periodically reexamined with written reports of those reexaminations to
6be submitted to the court every 3 months and within 30 days before the expiration
7of the juvenile's commitment or dispositional order. Each report shall indicate either
8that the
one of the following:
AB443,149,9 9a. That the juvenile has become competent, that the.
AB443,149,12 10b. That the juvenile remains incompetent but that attainment of competence
11is likely within the remaining period of the commitment or dispositional order or that
12the
.
AB443,149,14 13c. That the juvenile has not made such progress that attainment of competency
14is likely within the remaining period of the commitment or dispositional order.
AB443, s. 323 15Section 323. 938.30 (6) (title) of the statutes is created to read:
AB443,149,1616 938.30 (6) (title) Uncontested petitions; disposition.
AB443, s. 324 17Section 324. 938.30 (6) (b) and (c) and (7) of the statutes are amended to read:
AB443,150,218 938.30 (6) (b) If it appears to the court that disposition of the case may include
19placement of the juvenile outside the juvenile's home, the court shall order the
20juvenile's parent to provide a statement of the income, assets, debts, and living
21expenses of the juvenile and the juvenile's parent to the court or the designated
22agency under s. 938.33 (1) at least 5 days before the scheduled date of the
23dispositional hearing or as otherwise ordered by the court. The clerk of court shall
24provide, without charge, to any parent ordered to provide a that statement of income,
25assets, debts and living expenses
a document setting forth the percentage standard

1established by the department of workforce development under s. 49.22 (9) and
2listing the factors that a court may consider under s. 301.12 (14) (c).
AB443,150,153 (c) If the court orders the juvenile's parent to provide a statement of the income,
4assets, debts, and living expenses of the juvenile and juvenile's parent to the court
5or if the court orders the juvenile's parent to provide that statement to the designated
6agency under s. 938.33 (1) and that the designated agency is not the county
7department, the court shall also order the juvenile's parent to provide that the
8statement to the county department at least 5 days before the scheduled date of the
9dispositional hearing or as otherwise ordered by the court. The county department
10shall provide, without charge, to the parent a form on which to provide that the
11statement, and the parent shall provide that the statement on that the form. The
12county department shall use the information provided in the statement to determine
13whether the department may claim federal foster care and adoption assistance
14reimbursement under 42 USC 670 to 679a for the cost of providing care for the
15juvenile.
AB443,150,20 16(7) Contested petitions or citations; date for fact-finding hearing. If the
17petition or citation is contested, the court shall set a date for the fact-finding hearing
18which that allows a reasonable time for the parties to prepare but is no more than
1920 days from the plea hearing for a juvenile who is held in secure custody and no more
20than 30 days from the plea hearing for a juvenile who is not held in secure custody.
Note: Provides, in s. 938.30 (6) (c), stats., that the statement of income, assets,
debts, and living expenses shall indicate those of the juvenile as well as the parent.
AB443, s. 325 21Section 325. 938.30 (8) (title) of the statutes is created to read:
AB443,150,2222 938.30 (8) (title) Admission or no contest plea; inquiries required.
AB443, s. 326 23Section 326. 938.30 (8) (b) and (9) of the statutes are amended to read:
AB443,151,4
1938.30 (8) (b) Establish whether any promises or threats were made to elicit
2a plea and alert explain to unrepresented parties to the possibility that a lawyer may
3discover defenses or mitigating circumstances which that would not be apparent to
4them.
AB443,151,9 5(9) Hearings conducted by court commissioner; court to review. If a circuit
6court commissioner conducts the plea hearing and accepts an admission of the
7alleged facts in a petition brought under s. 938.12 or 938.13, the judge court shall
8review the admission at the beginning of the dispositional hearing by addressing the
9parties and making the inquires set forth in under sub. (8).
AB443, s. 327 10Section 327. 938.30 (10) (title) of the statutes is created to read:
AB443,151,1111 938.30 (10) (title) Telephone or live audiovisual participation.
AB443, s. 328 12Section 328. 938.31 (1) (title), (2) (title) and (4) (title) of the statutes are
13created to read:
AB443,151,1414 938.31 (1) (title) Definition.
AB443,151,15 15(2) (title) Hearing to the court; procedures.
AB443,151,16 16(4) (title) Findings by court.
AB443, s. 329 17Section 329. 938.31 (7) of the statutes is amended to read:
AB443,151,2318 938.31 (7) Date for dispositional hearing. (a) At the close of the fact-finding
19hearing, the court shall set a date for the dispositional hearing which that allows a
20reasonable time for the parties to prepare but is no more than 10 days after the
21fact-finding hearing for a juvenile in secure custody and no more than 30 days after
22the fact-finding hearing for a juvenile not held in secure custody. If all parties
23consent, the court may immediately proceed with a dispositional hearing.
AB443,152,824 (b) If it appears to the court that disposition of the case may include placement
25of the juvenile outside the juvenile's home, the court shall order the juvenile's parent

1to provide a statement of the income, assets, debts, and living expenses of the
2juvenile and the juvenile's parent,
to the court or the designated agency under s.
3938.33 (1) at least 5 days before the scheduled date of the dispositional hearing or as
4otherwise ordered by the court. The clerk of court shall provide, without charge, to
5any parent ordered to provide a the statement of income, assets, debts and living
6expenses
a document setting forth the percentage standard established by the
7department of workforce development under s. 49.22 (9) and listing the factors that
8a court may consider under s. 301.12 (14) (c).
AB443,152,219 (c) If the court orders the juvenile's parent to provide a statement of the income,
10assets, debts, and living expenses of the juvenile and juvenile's parent to the court
11or if the court orders the juvenile's parent to provide that the statement to the
12designated agency under s. 938.33 (1) and that the designated agency is not the
13county department, the court shall also order the juvenile's parent to provide that the
14statement to the county department at least 5 days before the scheduled date of the
15dispositional hearing or as otherwise ordered by the court. The county department
16shall provide, without charge, to the parent a form on which to provide that the
17statement, and the parent shall provide that the statement on that the form. The
18county department shall use the information provided in the statement to determine
19whether the department may claim federal foster care and adoption assistance
20reimbursement under 42 USC 670 to 679a for the cost of providing care for the
21juvenile.
Note: See the Note to s. 938.30 (6) (b) and (c), stats., as affected by this bill.
AB443, s. 330 22Section 330. 938.315 (1) (intro.) of the statutes is amended to read:
AB443,152,2423 938.315 (1) Time periods to be excluded. (intro.) The following time periods
24shall be excluded in computing time requirements within under this chapter:
AB443, s. 331
1Section 331. 938.315 (1) (a) of the statutes is renumbered 938.315 (1) (a)
2(intro.) and amended to read:
AB443,153,43 938.315 (1) (a) (intro.) Any period of delay resulting from other any of the
4following:
AB443,153,7 51. Other legal actions concerning the juvenile, including an examination under
6s. 938.295 or a hearing related to the juvenile's mental condition, prehearing
7motions, waiver motions, and hearings on other matters.
AB443, s. 332 8Section 332. 938.315 (1) (b) of the statutes is renumbered 938.315 (1) (a) 2. and
9amended to read:
AB443,153,1110 938.315 (1) (a) 2. Any period of delay resulting from a A continuance granted
11at the request of or with the consent of the juvenile and counsel.
AB443, s. 333 12Section 333. 938.315 (1) (c) of the statutes is renumbered 938.315 (1) (a) 3. and
13amended to read:
AB443,153,1614 938.315 (1) (a) 3. Any period of delay caused by the The disqualification or
15substitution of a judge or by any other transfer of the case or intake inquiry to a
16different judge, intake worker or county.
AB443, s. 334 17Section 334. 938.315 (1) (d) of the statutes is renumbered 938.315 (1) (a) 4. and
18amended to read:
AB443,153,2519 938.315 (1) (a) 4. Any period of delay resulting from a A continuance granted
20at the request of the representative of the public under s. 938.09 if the continuance
21is granted because of the unavailability of evidence material to the case when he or
22she has exercised due diligence to obtain the evidence and there are reasonable
23grounds to believe that the evidence will be available at the later date, or to allow him
24or her additional time to prepare the case and additional time is justified because of
25the exceptional circumstances of the case.
AB443, s. 335
1Section 335. 938.315 (1) (dm) of the statutes is renumbered 938.315 (1) (a) 5.
2and amended to read:
AB443,154,43 938.315 (1) (a) 5. Any period of delay resulting from court Court congestion or
4scheduling.
AB443, s. 336 5Section 336. 938.315 (1) (e) of the statutes is renumbered 938.315 (1) (a) 6. and
6amended to read:
AB443,154,87 938.315 (1) (a) 6. Any period of delay resulting from the The imposition of a
8consent decree.
AB443, s. 337 9Section 337. 938.315 (1) (f) of the statutes is renumbered 938.315 (1) (a) 7. and
10amended to read:
AB443,154,1211 938.315 (1) (a) 7. Any period of delay resulting from the The absence or
12unavailability of the juvenile.
AB443, s. 338 13Section 338. 938.315 (1) (fm) of the statutes is renumbered 938.315 (1) (a) 8.
14and amended to read:
AB443,154,1815 938.315 (1) (a) 8. Any period of delay resulting from the The inability of the
16court to provide the juvenile with notice of an extension hearing under s. 938.365 due
17to the juvenile having run away or otherwise having made himself or herself
18unavailable to receive that notice.
AB443, s. 339 19Section 339. 938.315 (1) (h) of the statutes is renumbered 938.315 (1) (a) 9. and
20amended to read:
AB443,154,2221 938.315 (1) (a) 9. Any period of delay resulting from the The need to appoint
22a qualified interpreter.
AB443, s. 340 23Section 340. 938.315 (1) (i) of the statutes is renumbered 938.315 (1) (a) 10.
24and amended to read:
AB443,155,2
1938.315 (1) (a) 10. Any period of delay resulting from consultation Consultation
2under s. 938.24 (2r) or 938.25 (2g).
AB443, s. 341 3Section 341. 938.315 (2) (title), (2m) (title) and (3) (title) of the statutes are
4created to read:
AB443,155,55 938.315 (2) (title) Continuance for good cause.
AB443,155,6 6(2m) (title) When no continuance, extension, or exclusion permitted.
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