938.01(2)(d)
(d) To provide due process through which each juvenile offender and all other interested parties are assured fair hearings, during which constitutional and other legal rights are recognized and enforced.
938.01(2)(e)
(e) To divert juveniles from the juvenile justice system through early intervention as warranted, when consistent with the protection of the public.
938.01(2)(f)
(f) To respond to a juvenile offender's needs for care and treatment, consistent with the prevention of delinquency, each juvenile's best interest and protection of the public, by allowing the court to utilize the most effective dispositional option.
938.01(2)(g)
(g) To ensure that victims and witnesses of acts committed by juveniles that result in proceedings under this chapter are, consistent with this chapter and the Wisconsin constitution, afforded the same rights as victims and witnesses of crimes committed by adults, and are treated with dignity, respect, courtesy, and sensitivity throughout those proceedings.
938.01 History
History: 1995 a. 77;
2005 a. 344.
938.01 Annotation
The due process standard in juvenile proceedings is fundamental fairness. Basic requirements are discussed. In Interest of D.O.H.
76 Wis. 2d 286,
251 N.W.2d 196 (1976).
938.01 Annotation
Time Ripe for Change. Barry & Ladwig. Wis. Law. Apr. 1996.
938.02
938.02
Definitions. In this chapter:
938.02(1)
(1) "Adult" means a person who is 18 years of age or older, except that for purposes of investigating or prosecuting a person who is alleged to have violated any state or federal criminal law or any civil law or municipal ordinance, "adult" means a person who has attained 17 years of age.
938.02(1p)
(1p) "Alcohol or other drug abuse impairment" means a condition of a person which is exhibited by characteristics of habitual lack of self-control in the use of alcohol beverages, controlled substances or controlled substance analogs to the extent that the person's health is substantially affected or endangered or the person's social or economic functioning is substantially disrupted.
938.02(2g)
(2g) "County department" means a county department under
s. 46.215,
46.22 or
46.23, unless the context requires otherwise.
938.02(2m)
(2m) "Court", when used without further qualification, means the court assigned to exercise jurisdiction under this chapter and
ch. 48 or, when used with reference to a juvenile who is subject to
s. 938.183, a court of criminal jurisdiction or, when used with reference to a juvenile who is subject to
s. 938.17 (2), a municipal court.
938.02(3)
(3) "Court intake worker" means any person designated to provide intake services under
s. 938.067.
938.02(3m)
(3m) "Delinquent" means a juvenile who is 10 years of age or older who has violated any state or federal criminal law, except as provided in
ss. 938.17,
938.18 and
938.183, or who has committed a contempt of court, as defined in
s. 785.01 (1), as specified in
s. 938.355 (6g).
938.02(4)
(4) "Department" means the department of corrections.
938.02(6)
(6) "Foster home" means any facility that is operated by a person required to be licensed by
s. 48.62 (1) (a) and that provides care and maintenance for no more than 4 juveniles or, if necessary to enable a sibling group to remain together, for no more than 6 juveniles or, if the department of health and family services promulgates rules permitting a different number of juveniles, for the number of juveniles permitted under those rules.
938.02(7)
(7) "Group home" means any facility operated by a person required to be licensed by the department of health and family services under
s. 48.625 for the care and maintenance of 5 to 8 juveniles.
938.02(8)
(8) "Guardian" means the person named by the court having the duty and authority of guardianship.
938.02(10)
(10) "Judge", if used without further qualification, means the judge of the court assigned to exercise jurisdiction under this chapter and
ch. 48 or, if used with reference to a juvenile who is subject to
s. 938.183, the judge of the court of criminal jurisdiction or, when used with reference to a juvenile who is subject to
s. 938.17 (2), the judge of the municipal court.
938.02(10m)
(10m) "Juvenile" means a person who is less than 18 years of age, except that for purposes of investigating or prosecuting a person who is alleged to have violated a state or federal criminal law or any civil law or municipal ordinance, "juvenile" does not include a person who has attained 17 years of age.
938.02(10p)
(10p) "Juvenile correctional facility" means a correctional institution operated or contracted for by the department of corrections or operated by the department of health and family services for holding in secure custody persons adjudged delinquent. " Juvenile correctional facility" includes the Mendota juvenile treatment center under
s. 46.057 and a facility authorized under
s. 938.533 (3) (b),
938.538 (4) (b), or
938.539 (5).
938.02(10r)
(10r) "Juvenile detention facility" means a locked facility approved by the department under
s. 301.36 for the secure, temporary holding in custody of juveniles.
938.02(11)
(11) "Legal custodian" means a person, other than a parent or guardian, or an agency to whom legal custody of a juvenile has been transferred by a court, but does not include a person who has only physical custody of the juvenile.
938.02(12)
(12) "Legal custody" means a legal status created by the order of a court, which confers the right and duty to protect, train and discipline a juvenile, and to provide food, shelter, legal services, education and ordinary medical and dental care, subject to the rights, duties and responsibilities of the guardian of the juvenile and subject to any residual parental rights and responsibilities and the provisions of any court order.
938.02(12m)
(12m) "Off-reservation trust land" means land in this state that is held in trust by the federal government for the benefit of a tribe or an American Indian and that is located outside the boundaries of a tribe's reservation.
938.02(13)
(13) "Parent" means either a biological parent, a husband who has consented to the artificial insemination of his wife under
s. 891.40, or a parent by adoption. If the juvenile is a nonmarital child who is not adopted or whose parents do not subsequently intermarry under
s. 767.803, "parent" includes a person acknowledged under
s. 767.805 or a substantially similar law of another state or adjudicated to be the biological father. "Parent" does not include any person whose parental rights have been terminated.
938.02(14)
(14) "Physical custody" means actual custody of the person in the absence of a court order granting legal custody to the physical custodian.
938.02(14m)
(14m) "Pupil assistance program" means a program provided by a school board under
s. 115.361 to intervene in the abuse of alcohol and other drugs by pupils.
938.02(15)
(15) "Relative" means a parent, stepparent, brother, sister, stepbrother, stepsister, half brother, half sister, brother-in-law, sister-in-law, first cousin, 2nd cousin, nephew, niece, uncle, aunt, stepuncle, stepaunt, or any person of a preceding generation as denoted by the prefix of grand, great, or great-great, whether by blood, marriage, or legal adoption, or the spouse of any person named in this subsection, even if the marriage is terminated by death or divorce.
938.02(15c)
(15c) "Reservation" means land in this state within the boundaries of the reservation of a tribe.
938.02(15d)
(15d) "Residential care center for children and youth" means a facility operated by a child welfare agency licensed under
s. 48.60 for the care, maintenance, and treatment of persons residing in that facility.
938.02(15g)
(15g) "Secured residential care center for children and youth" means a residential care center for children and youth operated by a child welfare agency that is licensed under
s. 48.66 (1) (b) to hold in secure custody persons adjudged delinquent.
938.02(17)
(17) "Shelter care facility" means a nonsecure place of temporary care and physical custody for juveniles, including a holdover room, licensed by the department of health and family services under
s. 48.66 (1) (a).
938.02(17m)
(17m) "Special treatment or care" means professional services which need to be provided to a juvenile or his or her family to protect the well-being of the juvenile, prevent placement of the juvenile outside the home or meet the special needs of the juvenile. This term includes medical, psychological or psychiatric treatment, alcohol or other drug abuse treatment or other services which the court finds to be necessary and appropriate.
938.02(17q)
(17q) "Treatment foster home" means any facility that is operated by a person required to be licensed under
s. 48.62 (1) (b), that is operated under the supervision of the department, a county department or a licensed child welfare agency, and that provides to no more than 4 juveniles care, maintenance and structured, professional treatment by trained individuals, including the treatment foster parents.
938.02(18)
(18) "Trial" means a fact-finding hearing to determine jurisdiction.
938.02(18g)
(18g) "Tribe" means a federally recognized American Indian tribe or band in this state.
938.02(19r)
(19r) "Type 2 residential care center for children and youth" means a residential care center for children and youth that is designated by the department to provide care and maintenance for juveniles who have been placed in the residential care center for children and youth under the supervision of a county department under
s. 938.34 (4d).
938.02(20m)(a)2.
2. If the person specified in
subd. 1. is a child, a parent, guardian or legal custodian of the child.
938.02(20m)(a)3.
3. If a person specified in
subd. 1. is physically or emotionally unable to exercise the rights granted under this chapter,
s. 950.04 or
article I, section 9m, of the Wisconsin constitution, a person designated by the person specified in
subd. 1. or a family member, as defined in
s. 950.02 (3), of the person specified in
subd. 1.
938.02(20m)(a)5.
5. If a person specified in
subd. 1. has been adjudicated incompetent in this state, the guardian of the person appointed for him or her.
938.02(20m)(b)
(b) "Victim" does not include a juvenile alleged to have committed the delinquent act.
938.02(21)
(21) "Victim-witness coordinator" means a person employed or contracted by the county board of supervisors under
s. 950.06 to provide services for the victims and witnesses of crimes or a person employed or contracted by the department of justice to provide the services specified in
s. 950.08.
938.02 History
History: 1995 a. 77,
216,
352,
448;
1997 a. 27,
35,
181,
191;
1999 a. 9,
162;
2001 a. 16,
59;
2003 a. 33,
284;
2005 a. 232,
344,
387;
2005 a. 443 s.
265.
938.02 Note
NOTE: 2003 Wis. Act 284, which affected this section, contains extensive explanatory notes.
938.028
938.028
Custody of Indian children. The Indian Child Welfare Act,
25 USC 1911 to
1963, supersedes this chapter in any child custody proceeding governed by that act.
938.028 History
History: 1995 a. 352;
2005 a. 344.
ORGANIZATION OF COURT
938.03
938.03
Time and place of court; absence or disability of judge. 938.03(1)(1)
Time and place of court. The court shall set apart a time and place to hold court on juvenile matters.
938.03(2)
(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 under
s. 753.073.
938.03 History
History: 1995 a. 77;
2005 a. 344.
938.06
938.06
Services for court. 938.06(1)(1)
Counties with a population of 500,000 or more. 938.06(1)(a)1.1. 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). 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 juvenile detention facilities of the center. The director is responsible for managing the personnel of, and administering the services of, the sections and the juvenile detention facilities, and for supervising operation of the physical plant and maintenance and improvement of the buildings and grounds of the center.
938.06(1)(a)1m.
1m. The center under
subd. 1. shall include investigative services, provided by the county department, for juveniles alleged to be in need of protection or services and the services of an assistant district attorney or assistant corporation counsel, or both, who shall be assigned to the center to provide investigative and legal work in cases under this chapter and
ch. 48.
938.06(1)(a)2.
2. The chief judge of the judicial administrative district shall establish written judicial policies governing intake and court services for juvenile matters under this chapter and the director of the center shall 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, and may delegate his or her supervisory functions.
938.06(1)(a)3.
3. The county board of supervisors shall establish policies and 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 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 responsible for 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 court and clerk of circuit court. The county board of supervisors, 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 has the authority to investigate, arbitrate, and resolve any conflict in the administration of the center 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.
938.06(1)(a)4.
4. All personnel of the intake and probation sections and of the 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 sections within the center specified in this subdivision.
938.06(1)(am)1.1. All intake workers providing services under this chapter who begin employment after May 15, 1980, shall have the qualifications required to perform entry level 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.
938.06(1)(am)2.
2. The department shall make training programs available annually that permit intake workers providing services under this chapter to satisfy the requirements under
subd. 1.
938.06(1)(b)
(b) Notwithstanding
par. (a), the county board of supervisors may 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.
938.06(2)
(2) Counties with a population under 500,000. 938.06(2)(a)(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 under
s. 938.067 and the staff needed to provide dispositional services under
s. 938.069. Intake services 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 requesting the filing of a petition and entering into a deferred prosecution agreement, by general written policies established by the circuit judges for the county, subject to the approval of the chief judge of the judicial administrative district.
938.06(2)(am)1.1. A county 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.
938.06(2)(am)2.
2. A county in which the county sheriff's department operates a 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 subdivision, employees of the county sheriff's department who staff the juvenile detention facility may make secure custody determinations under
s. 938.208 between the hours of 6 p.m. and 6 a.m. Such a determination shall be reviewed by an intake worker employed by the court or county department within 24 hours after it is made.
938.06(2)(b)1.1. 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 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.
