938.346(1)(h)6.
6. The right to complain to the department of justice concerning the treatment of crime victims, as provided under
s. 950.08 (3), and to request review by the crime victims rights board of the complaint, as provided under
s. 950.09 (2).
938.346(1m)
(1m) Duties of intake workers and district attorneys. The intake worker shall make a reasonable attempt to provide notice of the information under
sub. (1) (a),
(b),
(c), and
(h), the information under
sub. (1) (d) relating to a deferred prosecution agreement under
s. 938.245, the information under
sub. (1) (em) relating to the right to confer, if requested, on deferred prosecution agreements and the information 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 under
sub. (1) (e),
(ec),
(f),
(fm), and
(g), the information 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 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.
938.346(2)
(2) Restrictions on disclosure of information. The notice under
sub. (1) shall include an explanation of the restrictions on disclosing information obtained under this chapter and the penalties for violating the restrictions.
938.346(3)
(3) Closed cases. If an inquiry is closed by an intake worker or otherwise does not result in a deferred prosecution agreement, the intake worker shall make a reasonable attempt to inform each known victim of the juvenile's alleged act as provided in
s. 938.24 (5m). If a district attorney or corporation counsel decides not to file a petition or if, after a petition is filed, a proceeding is dismissed or otherwise does not result in a consent decree or dispositional order, a district attorney or corporation counsel shall make a reasonable attempt to inform each known victim of the juvenile's alleged act as provided in
s. 938.25 (2m) or
938.312, whichever is applicable.
938.346(4)
(4) Child victims. If the victim, as defined in
s. 938.02 (20m) (a) 1., is a child, the notice under this section shall be given to the child's parents, guardian or legal custodian.
938.346(5)
(5) Court policies and rules. Chief judges and circuit judges shall establish by policy and rule procedures for the implementation of this section. Subject to
subs. (1m) and
(3), the policies and rules shall specify when, how and by whom the notice under this section shall be provided to victims and with whom victims may confer regarding deferred prosecution agreements, amendment of petitions, consent decrees and disposition recommendations.
938.35
938.35
Effect of judgment and disposition. 938.35(1)
(1)
Effect and admissibility of judgment. The court shall enter a judgment setting forth the court's findings and disposition in the proceeding. A judgment in a proceeding on a petition under this chapter is not a conviction of a crime, does not impose any civil disabilities ordinarily resulting from the conviction of a crime and does not operate to disqualify the juvenile in any civil service application or appointment. The disposition of a juvenile, and any record of evidence given in a hearing in court, is not admissible as evidence against the juvenile in any case or proceeding in any other court except for the following:
938.35(1)(a)
(a) In sentencing proceedings after conviction of a felony or misdemeanor and then only for the purpose of a presentence investigation.
938.35(1)(b)
(b) In a proceeding in any court assigned to exercise jurisdiction under this chapter and
ch. 48.
938.35(1)(c)
(c) In a court of civil or criminal jurisdiction while it is exercising jurisdiction over an action affecting the family and is considering the custody of a juvenile.
938.35(1)(cm)
(cm) In a court of civil or criminal jurisdiction for purposes of setting bail under
ch. 969 or impeaching a witness under
s. 906.09.
938.35(1)(d)
(d) The fact that a juvenile has been adjudged delinquent on the basis of unlawfully and intentionally killing a person is admissible for the purpose of
s. 854.14 (5) (b).
938.35(1m)
(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 attains 17 years of age. This paragraph does not affect proceedings in criminal court that have been transferred under
s. 938.18.
938.35(2)
(2) Court disclosure of information. Except 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.
938.35 Annotation
If evidence of a prior rape is introduced at a rape trial to prove identity, testimony of the prior rape victim is admissible notwithstanding that the defendant was tried as a juvenile for the prior rape. Sanford v. State,
76 Wis. 2d 72,
250 N.W.2d 348 (1977).
938.35 Annotation
Inferential impeachment; the presence of parole officers at subsequent juvenile adjudications. O'Donnell, 55 MLR 349.
938.35 Note
NOTE: The above annotations cite to s. 48.35, the predecessor statute to s. 938.35.
938.355
938.355
Dispositional orders. 938.355(1)
(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 under
s. 938.01. If the 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 juvenile correctional facility or a secured 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.
938.355(2)(a)(a) In addition to the order, the court shall make written findings of fact and conclusions of law based on the evidence presented to the court to support the disposition ordered, including findings as to the juvenile's condition and need for special treatment or care if an examination or assessment was conducted under
s. 938.295. A finding may not include a finding that a juvenile is in need of psychotropic medications.
938.355(2)(b)
(b) The court order shall be in writing and shall contain:
938.355(2)(b)1.
1. The specific services to be provided to the juvenile and the juvenile's family, and, if custody is to be transferred to effect the treatment plan, the identity of the legal custodian.
938.355(2)(b)1m.
1m. A notice that the juvenile's parent, guardian, or legal custodian or the juvenile, if 14 years of age or 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).
938.355(2)(b)2.
2. If the juvenile is placed outside the home, the name of the place or facility, including transitional placements, where the juvenile shall be cared for or treated, except that if the placement is a foster home or treatment foster home and the name and address of the foster parent or treatment foster parent is not available at the time of the order, the name and address of the foster parent or treatment foster parent shall be furnished to the court and the parent within 21 days of the order. If, after a hearing on the issue with due notice to the parent or guardian, the court finds that disclosure of the identity of the foster parent or treatment foster parent would result in imminent danger to the juvenile, the foster parent or the treatment foster parent, the court may order the name and address of the prospective foster parents or treatment foster parents withheld from the parent or guardian.
938.355(2)(b)4.
4. If the juvenile is placed outside the juvenile's home, a designation of the amount of support, if any, to be paid by the juvenile's parent, guardian or trustee, specifying that the support obligation begins on the date of the placement, or a referral to the county child support agency under
s. 59.53 (5) for establishment of child support.
938.355(2)(b)4m.
4m. If the juvenile is placed outside the home and if the juvenile's parent has not 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 the form. The county department shall use the information 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.
938.355(2)(b)6.
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 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 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.
938.355(2)(b)6g.
6g. If the juvenile is placed outside the home under the supervision of the county department, an order ordering the juvenile into the placement and care responsibility of the county department as required under
42 USC 672 (a) (2) and assigning the county department primary responsibility for providing services to the juvenile.
938.355(2)(b)6m.
6m. If the juvenile is placed outside the home in a placement recommended by the agency designated under
s. 938.33 (1), a statement that the court approves the placement recommended by the agency or, if the juvenile is placed outside the home in a placement other than a placement recommended by that agency, a statement that the court has given bona fide consideration to the recommendations made by the agency and all parties relating to the juvenile's placement.
938.355(2)(b)6r.
6r. If the court finds that any of the circumstances 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.
938.355(2)(b)7.
7. A statement of the conditions with which the juvenile is required to comply.
938.355(2)(c)
(c) If school attendance is a condition of an order under
par. (b) 7., the order shall specify what constitutes a violation of the condition and shall direct the school board of the school district, or the governing body of the private school, in which the juvenile is enrolled to notify the county department that is responsible for supervising the juvenile within 5 days after any violation of the condition by the juvenile.
938.355(2)(d)
(d) The court shall provide a copy of the dispositional order to the juvenile's parent, guardian or trustee.
938.355(2b)
(2b) Concurrent reasonable efforts permitted. A county department or the agency primarily responsible for providing services to a juvenile under a court order may, at the same time as the county department or agency is making the reasonable efforts required under
sub. (2) (b) 6. to prevent the removal of the juvenile from the home or to make it possible for the juvenile to return safely to his or her home, work with the department of children and families, a county department under
s. 48.57 (1) (e) or
(hm), or a child welfare agency licensed under
s. 48.61 (5) in making reasonable efforts to place the juvenile for adoption, with a guardian, with a fit and willing relative, or in some other alternative permanent placement.
938.355(2c)(a)(a) 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 whether:
938.355(2c)(a)1.
1. A comprehensive assessment of the family's situation was completed, including a determination of the likelihood of protecting the juvenile's health, safety and welfare effectively in the home.
938.355(2c)(a)2.
2. Financial assistance, if applicable, was provided to the family.
938.355(2c)(a)3.
3. Services were offered or provided to the family, if applicable, and whether any assistance was provided to the family to enable the family to utilize the services. Examples of the types of services that may have been offered include:
938.355(2c)(a)3.c.
c. Community support services, such as day care, parenting skills training, housing assistance, employment training and emergency mental health services.
938.355(2c)(a)4.
4. Monitoring of client progress and client participation in services was provided.
938.355(2c)(a)5.
5. A consideration of alternative ways of addressing the family's needs was provided, if services did not exist or existing services were not available to the family.
938.355(2c)(b)
(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 under
par. (a) and whether visitation schedules between the juvenile and his or her parents were implemented, unless visitation was denied or limited by the court.
938.355(2d)(a)1.
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.
938.355(2d)(a)2.
2. "Sexual abuse" means a violation of
s. 940.225,
944.30,
948.02,
948.025,
948.05,
948.055,
948.06,
948.085,
948.09 or
948.10 or a violation of the law of any other state or federal law if that violation would be a violation of
s. 940.225,
944.30,
948.02,
948.025,
948.05,
948.055,
948.06,
948.085 (2),
948.09 or
948.10 if committed in this state.
938.355(2d)(b)
(b) Notwithstanding
sub. (2) (b) 6., the court is not required to include in a dispositional order a finding as to whether the county department or the agency primarily responsible for providing services under a court order has made reasonable efforts with respect to a parent of a juvenile to prevent the removal of the juvenile from the home, while assuring that the juvenile's health and safety are the paramount concerns, or, if applicable, a finding as to whether the county department or agency has made reasonable efforts with respect to a parent of a juvenile to achieve the permanency plan goal of returning the juvenile safely to his or her home, if the court finds any of the following:
938.355(2d)(b)1.
1. That the parent has subjected the juvenile to aggravated circumstances, as evidenced by a final judgment of conviction.
938.355(2d)(b)2.
2. That the parent has committed, has aided or abetted the commission of, or has solicited, conspired, or attempted to commit, a violation of
s. 940.01,
940.02,
940.03, or
940.05 or a violation of the law of any other state or federal law, if that violation would be a violation of
s. 940.01,
940.02,
940.03, or
940.05 if committed in this state, as evidenced by a final judgment of conviction, and that the victim of that violation is a child of the parent.
938.355(2d)(b)3.
3. That the parent has committed a violation of s.
940.19 (3), 1999 stats., or
s. 940.19 (2),
(4), or
(5),
940.225 (1) or
(2),
948.02 (1) or
(2),
948.025,
948.03 (2) (a) or
(3) (a), or
948.085 or a violation of the law of any other state or federal law, if that violation would be a violation of
s. 940.19 (2),
(4), or
(5),
940.225 (1) or
(2),
948.02 (1) or
(2),
948.025, or
948.03 (2) (a) or
(3) (a) if committed in this state, as evidenced by a final judgment of conviction, and that the violation resulted in great bodily harm, as defined in
s. 939.22 (14), or in substantial bodily harm, as defined in
s. 939.22 (38), to the juvenile or another child of the parent.
938.355(2d)(b)4.
4. That the parental rights of the parent to another child have been involuntarily terminated, as evidenced by a final order of a court of competent jurisdiction terminating those parental rights.
938.355(2d)(bm)
(bm) The court shall make a finding specified in
par. (b) 1. to
4. 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 dispositional order. A dispositional order that merely references
par. (b) 1. to
4. without documenting or referencing that specific information in the dispositional order or an amended dispositional order that retroactively corrects an earlier dispositional order that does not comply with this paragraph is not sufficient to comply with this paragraph.
938.355(2d)(c)1.1. If the court finds that any of the circumstances 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.
938.355(2d)(c)2.
2. If a hearing is held under
subd. 1., at least 10 days before the date of the hearing the court shall notify the juvenile, any parent, guardian, and legal custodian of the juvenile, and any foster parent, treatment foster parent, or other physical custodian described in
s. 48.62 (2) of the juvenile of the time, place, and purpose of the hearing.
938.355(2d)(c)3.
3. The court shall give a foster parent, treatment foster parent, or other physical custodian described in
s. 48.62 (2) who is notified of a hearing under
subd. 2. an opportunity to be heard at the hearing by permitting the foster parent, treatment foster parent, or other physical custodian to make a written or oral statement during the hearing, or to submit a written statement prior to the hearing, relevant to the issues to be determined at the hearing. A foster parent, treatment foster parent, or other physical custodian who receives a notice of a hearing under
subd. 2. and an opportunity to be heard under this subdivision does not become a party to the proceeding on which the hearing is held solely on the basis of receiving that notice and opportunity to be heard.
938.355(2e)
(2e) Permanency plans; filing; amended orders; copies. 938.355(2e)(a)(a) If a permanency plan has not been prepared at the time the dispositional order is entered, or if the court orders a disposition that is not consistent with the permanency plan, the agency responsible for preparing the plan shall prepare a permanency plan that is consistent with the order or revise the permanency plan to conform to the order and shall file the plan with the court within the time specified in
s. 938.38 (3). A permanency plan filed under this paragraph shall be made a part of the dispositional order.
938.355(2e)(b)
(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 shall be made a part of the court order.
938.355(2e)(c)
(c) Either the court or the agency that prepared the permanency plan shall furnish a copy of the original plan and each revised plan to the juvenile's parent or guardian, to the juvenile or the juvenile's counsel or guardian ad litem and to the person representing the interests of the public.
938.355(2m)
(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 govern when those transitions take place. The court may place specific time limitations on interim arrangements made for the care of the juvenile pending the availability of the dispositional placement.
938.355(3)(a)(a) Except as provided in
par. (b), if, after a hearing on the issue with due notice to the parent or guardian, the court finds that it would be in the best interest of the juvenile, the court may set reasonable rules of parental visitation.
938.355(3)(b)1.1. 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 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.
938.355(3)(b)1m.
1m. Except as provided in
subd. 2., if a parent who is granted visitation rights with a juvenile under
par. (a) is convicted 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.
938.355(3)(b)2.
2. Subdivisions 1. and
1m. do not apply if the court determines by clear and convincing evidence that the visitation would be in the best interests of the juvenile. The court shall consider the wishes of the juvenile in making that determination.
938.355(3m)
(3m) Orders based on evidence. Dispositional orders under
s. 938.343 or
938.344 shall be based upon the evidence except that this subsection does not require a dispositional hearing for the disposition of an uncontested citation.
938.355(4)(a)(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 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 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 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 attains 18 years of age, at the end of one year after 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 attaining 19 years of age, when the juvenile attains 19 years of age, whichever is later, unless the court specifies a shorter period of time or the court terminates the order sooner.
938.355(4)(b)
(b) Except as provided in
s. 938.368, an order under
s. 938.34 (4d) or
(4m) made before the juvenile attains 18 years of age may apply for up to 2 years after 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 attains 18 years of age shall apply for 5 years after 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 attains 17 years of age shall terminate at the end of one year after 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.
