938.09 History
History: 1995 a. 77;
2005 a. 344; s. 35.17 correction in (4).
938.10
938.10
Power of the judge to act as intake worker. The duties of the intake worker may be carried out by the judge at his or her discretion, except that if a request to file a petition is made, a citation is issued, or a deferred prosecution agreement is entered into, the judge is disqualified from participating further in the proceedings.
JURISDICTION
938.12
938.12
Jurisdiction over juveniles alleged to be delinquent. 938.12(1)(1)
In general. The court has exclusive jurisdiction, except as provided in
ss. 938.17,
938.18, and
938.183, over any juvenile 10 years of age or older who is alleged to be delinquent.
938.12(2)
(2) Seventeen-year-olds. If a petition alleging that a juvenile is delinquent is filed before the juvenile is 17 years of age, but the juvenile becomes 17 years of age before admitting the facts of the petition at the plea hearing or if the juvenile denies the facts, before an adjudication, the court retains jurisdiction over the case.
938.12 History
History: 1995 a. 77;
2005 a. 344.
938.12 Annotation
The state may not delay in charging a child in order to avoid juvenile court jurisdiction. State v. Becker,
74 Wis. 2d 675,
247 N.W.2d 495 (1976).
938.12 Annotation
Notwithstanding s. 48.13 (12), 1979 Stats., the court had jurisdiction under s. 48.12 (1), 1979 Stats., over a child who committed a delinquent act before his 12th birthday but was charged after his 12th birthday. In Matter of D.V.
100 Wis. 2d 363,
302 N.W.2d 64 (Ct. App. 1981).
938.12 Annotation
Under the facts of the case, the court retained jurisdiction to determine waiver although the juvenile turned 18 after the proceedings were commenced. In Interest of TDP,
109 Wis. 2d 495,
326 N.W.2d 741 (1982).
938.12 Annotation
A contempt of court allegation did not support a determination of delinquency. In Interest of V.G.
111 Wis. 2d 647,
331 N.W.2d 632 (Ct. App. 1983).
938.12 Annotation
A prior adult proceeding that litigated the question of the respondent's age collaterally estopped the state from relitigating the same question in juvenile court, and the juvenile court had subject matter jurisdiction of the case. In Interest of H.N.T.
125 Wis. 2d 242,
371 N.W.2d 395 (Ct. App. 1985).
938.12 Annotation
Juvenile court proceedings are commenced under sub. (2) upon filing the petition. The child need not appear in juvenile court before reaching age 18 for the court to retain jurisdiction. In Interest of D.W.B.
158 Wis. 2d 398,
462 N.W.2d 520 (1990).
938.12 Annotation
When a juvenile turns 18 during the pendency of proceedings, the filing of a waiver petition prior to a plea hearing is not required for waiver of jurisdiction under sub. (2). In Interest of K.A.P.
159 Wis. 2d 384,
464 N.W.2d 106 (Ct. App. 1990).
938.12 Annotation
The age of the defendant at the time of charging determines juvenile court jurisdiction regardless of the defendant's age at the time of the offense. State v. Annola,
168 Wis. 2d 453,
484 N.W.2d 138 (1992).
938.12 Annotation
Wisconsin courts have jurisdiction over resident juveniles alleged to be delinquent because they violated another state's criminal laws. 70 Atty. Gen. 143.
938.12 Annotation
Greater Jurisdiction Discretion. Schneider & Harrison. Wis. Law. Apr. 1996.
938.12 Note
NOTE: The above annotations cite to s. 48.12, the predecessor statute to s. 938.12.
938.12 Annotation
A defendant is not entitled to an evidentiary hearing as a matter of right whenever there is a mere allegation that the state intentionally "manipulated the system" to avoid juvenile court jurisdiction. The standard for determining when a hearing should be granted is articulated. State v. Velez,
224 Wis. 2d 1,
589 N.W.2d 9 (1999),
96-2430.
938.12 Annotation
The state does not have jurisdiction over delinquent acts committed by Menominee tribal members within reservation boundaries, but does have jurisdiction over acts committed off the reservation. State v. Elmer J.K.
224 Wis. 2d 372,
591 N.W.2d 176 (Ct. App. 1999),
98-2067.
938.12 Annotation
After the filing of a delinquency petition, a juvenile court may waive its jurisdiction over juveniles of certain ages who have been charged with certain crimes. The juvenile's age on the date of the alleged offense mandates whether the juvenile court has competency to consider waiver. An order is not valid when issued by a court that lacks competency due to the failure to follow fundamental statutory requirements. In this case, where the juvenile was below the age for waiver, the waiver order by the juvenile court was invalid and the adult court never obtained jurisdiction. State v. Phillips,
2014 WI App 3,
352 Wis. 2d 493,
842 N.W.2d 504,
12-2103.
938.125
938.125
Jurisdiction over juveniles alleged to have violated civil laws or ordinances. The court has exclusive jurisdiction over a juvenile alleged to have violated a law punishable by forfeiture or a county, town, or other municipal ordinance, except as follows:
938.125(2)
(2) The court has exclusive jurisdiction over a juvenile alleged to have violated an ordinance enacted under
s. 118.163 (2) only if evidence is provided by the school attendance officer that the activities under
s. 118.16 (5) have been completed or were not required to be completed as provided in
s. 118.16 (5m).
938.13
938.13
Jurisdiction over juveniles alleged to be in need of protection or services. Except as provided in
s. 938.028 (3), the court has exclusive original jurisdiction over a juvenile alleged to be in need of protection or services which can be ordered by the court if any of the following conditions applies:
938.13(4)
(4) Uncontrollable. The juvenile's parent or guardian signs the petition requesting jurisdiction under this subsection and is unable or needs assistance to control the juvenile.
938.13(6)
(6) Habitually truant from school. Except as provided under
s. 938.17 (2), the juvenile is habitually truant from school and evidence is provided by the school attendance officer that the activities under
s. 118.16 (5) have been completed or were not required to be completed as provided in
s. 118.16 (5m).
938.13(7)
(7) Habitually truant from home. The juvenile is habitually truant from home and either the juvenile, a parent or guardian, or a relative in whose home the juvenile resides signs the petition requesting jurisdiction and attests in court that reconciliation efforts have been attempted and have failed.
938.13(12)
(12) Delinquent act before age 10. The juvenile is under 10 years of age and has committed a delinquent act.
938.13(14)
(14) Not responsible or not competent. The juvenile has been determined, under
s. 938.30 (5) (c), to be not responsible for a delinquent act by reason of mental disease or defect or has been determined, under
s. 938.30 (5) (d), to be not competent to proceed.
938.13 Annotation
Sub. (6) specifically requires that the school attendance officer provide evidence that the activities under s. 118.16 (5) have been completed or were not required due to an exception under s. 118.16 (5m). Sub. (6) does not state that a protective services order requires a school attendance officer to provide evidence that all of the requirements under s. 118.16 were met. Richland County Health and Human Services v. Brandon L.Y.
2008 WI App 73,
312 Wis. 2d 406,
753 N.W.2d 529,
07-0834.
938.135
938.135
Referral of juveniles to proceedings under ch. 51 or 55. 938.135(1)(1)
Juvenile with developmental disability, mental illness, or alcohol or drug dependency. If a juvenile alleged to be delinquent or in need of protection or services is before the court and appears to have a developmental disability or mental illness or to be drug dependent or suffering from alcoholism, the court may proceed under
ch. 51 or
55.
938.135(2)
(2) Admissions, placements, and commitments to inpatient facilities. Any voluntary or involuntary admissions, placements, or commitments of a juvenile made in or to an inpatient facility, as defined in
s. 51.01 (10), other than a commitment under
s. 938.34 (6) (am), are governed by
ch. 51 or
55.
938.135 History
History: 1995 a. 77;
2005 a. 344.
938.14
938.14
Jurisdiction over interstate compact proceedings. The court has exclusive jurisdiction over proceedings under the Interstate Compact on Juveniles under
s. 938.991 and over proceedings under the Interstate Compact for Juveniles under
s. 938.999.
938.14 History
History: 1995 a. 77;
2005 a. 234.
938.15
938.15
Jurisdiction of other courts to determine legal custody. Except as provided in
s. 938.028 (3), nothing in this chapter deprives another court of the right to determine the legal custody of a juvenile by habeas corpus or to determine the legal custody or guardianship of a juvenile if the legal custody or guardianship is incidental to the determination of an action pending in that court. Except as provided in
s. 938.028 (3), the jurisdiction of the court assigned to exercise jurisdiction under this chapter and
ch. 48 is paramount in all cases involving juveniles alleged to come within the provisions of
ss. 938.12 to
938.14.
938.17
938.17
Jurisdiction over traffic, boating, snowmobile, all-terrain vehicle, and utility terrain vehicle violations and over civil law and ordinance violations. 938.17(1)
(1)
Traffic, boating, snowmobile, all-terrain vehicle, and utility terrain vehicle violations. Except for violations of
ss. 342.06 (2) and
344.48 (1), and violations of
ss. 30.67 (1) and
346.67 (1) when death or injury occurs, courts of criminal and civil jurisdiction have exclusive jurisdiction in proceedings against juveniles 16 years of age or older for violations of
s. 23.33, of
ss. 30.50 to
30.80, of
chs. 341 to
351, and of traffic regulations, as defined in
s. 345.20, and nonmoving traffic violations, as defined in
s. 345.28 (1). A juvenile charged with a traffic, boating, snowmobile, all-terrain vehicle, or utility terrain vehicle offense in a court of criminal or civil jurisdiction shall be treated as an adult before the trial of the proceeding except that the juvenile may be held in secure custody only in a juvenile detention facility. A juvenile convicted of a traffic, boating, snowmobile, all-terrain vehicle, or utility terrain vehicle offense in a court of criminal or civil jurisdiction shall be treated as an adult for sentencing purposes except as follows:
938.17(1)(a)
(a) The court may disregard any minimum period of incarceration specified for the offense.
938.17(1)(b)
(b) If the court orders the juvenile to serve a period of incarceration of less than 6 months, the juvenile may serve that period of incarceration only in a juvenile detention facility.
938.17(1)(c)
(c) If the court of civil or criminal jurisdiction orders the juvenile to serve a period of incarceration of 6 months or more, that court shall petition the court assigned to exercise jurisdiction under this chapter and
ch. 48 to order one or more of the dispositions under
s. 938.34, including placement of the juvenile in a juvenile correctional facility or a secured residential care center for children and youth, if appropriate.
938.17(2)
(2) Civil law and ordinance violations. 938.17(2)(a)(a)
Concurrent municipal and juvenile court jurisdiction; ordinance violations. 938.17(2)(a)1.1. Except as provided in
subd. 1m. and
sub. (1), municipal courts have concurrent jurisdiction with the court assigned to exercise jurisdiction under this chapter and
ch. 48 in proceedings against juveniles 12 years of age or over for violations of county, town, or other municipal ordinances. If evidence is provided by the school attendance officer that the activities under
s. 118.16 (5) have been completed or were not required to be completed as provided in
s. 118.16 (5m), the municipal court specified in
subd. 2. may exercise jurisdiction in proceedings against a juvenile for a violation of an ordinance enacted under
s. 118.163 (2) regardless of the juvenile's age and regardless of whether the court assigned to exercise jurisdiction under this chapter and
ch. 48 has jurisdiction under
s. 938.13 (6).
938.17(2)(a)1m.
1m. Except as provided in
sub. (1), municipal courts have exclusive jurisdiction in proceedings against juveniles 12 years of age or over for violations of municipal ordinances enacted under
ch. 349 that are in conformity with
chs. 341 to
349. When a juvenile 12 years of age or over is alleged to have violated a municipal ordinance enacted under
ch. 349 that is in conformity with
chs. 341 to
349, the juvenile may be issued a citation directing the juvenile to appear in municipal court or make a deposit or stipulation and deposit in lieu of appearance or, if there is no municipal court in the municipality that enacted the ordinance, the juvenile may be issued a citation or referred to intake as provided in
par. (b). If a municipal court finds that a juvenile has violated a municipal ordinance enacted under
ch. 349 that is in conformity with
chs. 341 to
349, the court shall enter any of the dispositional orders permitted under
s. 938.343 that are authorized under
sub. (2) (cm).
938.17(2)(a)2.a.a. In this subdivision, "administrative center" means the main administrative offices of a school district.
938.17(2)(a)2.b.
b. The municipal court that may exercise jurisdiction under
subd. 1. is the municipal court that is located in the same municipality as the administrative center of the school district in which the juvenile is enrolled, if that municipality has adopted an ordinance under
s. 118.163.
938.17(2)(a)2.c.
c. If the municipality specified under
subd. 2. b. has not adopted an ordinance under
s. 118.163, the municipal court that may exercise jurisdiction under
subd. 1. is the municipal court that is located in the municipality where the school in which the juvenile is enrolled is located, if that municipality has adopted an ordinance under
s. 118.163.
938.17(2)(a)2.d.
d. If the municipality specified under
subd. 2. b. or
c. has not adopted an ordinance under
s. 118.163, the municipal court that may exercise jurisdiction under
subd. 1. is the municipal court that is located in the municipality where the juvenile resides, if that municipality has adopted an ordinance under
s. 118.163.
938.17(2)(a)3.
3. Except as provided in
subd. 1m., when a juvenile is alleged to have violated a municipal ordinance, one of the following may occur:
938.17(2)(a)3.a.
a. The juvenile may be issued a citation directing the juvenile to appear in municipal court or make a deposit or stipulation and deposit in lieu of appearance.
938.17(2)(a)3.b.
b. The juvenile may be issued a citation directing the juvenile to appear in the court assigned to exercise jurisdiction under this chapter and
ch. 48 or make a deposit or stipulation and deposit in lieu of appearance as provided in
s. 938.237.
938.17(2)(a)3.c.
c. The juvenile may be referred to intake for a determination whether a petition should be filed in the court assigned to exercise jurisdiction under this chapter and
ch. 48 under
s. 938.125.
938.17(2)(b)
(b)
Juvenile court jurisdiction; civil law and ordinance violations. When a juvenile 12 years of age or older is alleged to have violated a civil law punishable by a forfeiture or to have violated a municipal ordinance but there is no municipal court in the municipality, one of the following may occur:
938.17(2)(b)1.
1. The juvenile may be issued a citation directing the juvenile to appear in the court assigned to exercise jurisdiction under this chapter and
ch. 48 or make a deposit or stipulation and deposit in lieu of appearance as provided in
s. 938.237.
938.17(2)(b)2.
2. The juvenile may be referred to intake for a determination whether a petition under
s. 938.125 should be filed in the court assigned to exercise jurisdiction under this chapter and
ch. 48.
938.17(2)(c)
(c)
Citation procedures. The citation procedures described in
ch. 800 govern proceedings involving juveniles in municipal court, except that this chapter governs the taking and holding of a juvenile in custody and
par. (cg) governs the issuing of a summons to the juvenile's parent, guardian, or legal custodian. When a juvenile is before the court assigned to exercise jurisdiction under this chapter and
ch. 48 upon a citation alleging that the juvenile violated a civil law or municipal ordinance, the procedures specified in
s. 938.237 apply. If a citation is issued to a juvenile, the issuing agency shall notify the juvenile's parent, guardian, and legal custodian within 7 days. The agency issuing a citation to a juvenile who is 12 to 15 years of age for a violation of
s. 125.07 (4) (a) or
(b),
125.085 (3) (b),
125.09 (2),
961.573 (2),
961.574 (2), or
961.575 (2) or an ordinance conforming to one of those statutes shall send a copy to an intake worker under
s. 938.24 for informational purposes only.
938.17(2)(cg)
(cg)
Summons procedures. After a citation is issued, unless the juvenile and his or her parent, guardian, and legal custodian voluntarily appear, the municipal court may issue a summons requiring the parent, guardian, or legal custodian of the juvenile to appear personally at any hearing involving the juvenile and, if the court so orders, to bring the juvenile before the court at a time and place stated.
Section 938.273 governs the service of a summons under this paragraph, except that the expense of service or publication of a summons and of the travelling expenses and fees of a person summoned allowed in
ch. 885 shall be a charge on the municipality of the court issuing the summons when approved by the court. If any person summoned under this paragraph fails without reasonable cause to appear, he or she may be proceeded against for contempt of court under
s. 785.06. If a summons cannot be served or if the person served fails to obey the summons or if it appears to the court that the service will be ineffectual, a capias may be issued for the juvenile and for the parent, guardian, or legal custodian.
938.17(2)(cm)
(cm)
Authorization for dispositions and sanctions. A city, village, or town may adopt an ordinance or bylaw specifying which of the dispositions under
ss. 938.343 and
938.344 and sanctions under
s. 938.355 (6) (d) and
(6m) the municipal court of that city, village, or town is authorized to impose or to petition the court assigned to exercise jurisdiction under this chapter and
ch. 48 to impose. The use by the court of those dispositions and sanctions is subject to any ordinance or bylaw adopted under this paragraph.
938.17(2)(d)
(d)
Disposition; ordinance violations generally. 938.17(2)(d)1.1. If a municipal court finds that the juvenile violated a municipal ordinance other than an ordinance enacted under
s. 118.163 or an ordinance that conforms to
s. 125.07 (4) (a) or
(b),
125.085 (3) (b),
125.09 (2),
961.573 (2),
961.574 (2), or
961.575 (2), the court shall enter any of the dispositional orders permitted under
s. 938.343 that are authorized under
par. (cm). If a juvenile fails to pay the forfeiture imposed by the municipal court, the court may not impose a jail sentence but may suspend any license issued under
ch. 29 for not less than 30 days nor more than 5 years, or suspend the juvenile's operating privilege, as defined in
s. 340.01 (40), for not more than 2 years.
938.17(2)(d)2.
2. If a court suspends a license or privilege under
subd. 1., the court shall immediately take possession of the applicable license if issued under
ch. 29 or, if the license is issued under
ch. 343, the court may take possession of, and if possession is taken, shall destroy, the license. The court shall forward to the department that issued the license the notice of suspension stating that the suspension is for failure to pay a forfeiture imposed by the court, together with any license issued under
ch. 29 of which the court takes possession. If the forfeiture is paid during the period of suspension, the court shall immediately notify the department, which shall then, if the license is issued under
ch. 29, return the license to the person.
938.17(2)(f)
(f)
Notice to victims. If the act the juvenile committed resulted in personal injury or damage to or loss of the property of another, the municipal court shall, to the extent possible, provide each known victim of the act with the information contained in the notice required under
s. 938.346.
938.17(2)(g)
(g)
Disposition; truancy or school dropout ordinance violations. If the municipal court finds that a juvenile violated a municipal ordinance enacted under
s. 118.163 (1m), it shall enter a dispositional order under
s. 938.342 (1d). If a municipal court finds that a juvenile violated a municipal ordinance enacted under
s. 118.163 (2), it shall enter a dispositional order under
s. 938.342 (1g), and may enter a dispositional order under
s. 938.342 (1m) (a), that is consistent with the municipal ordinance. If a municipal court finds that a juvenile violated a municipal ordinance enacted under
s. 118.163 (2m), it shall enter a dispositional order under
s. 938.342 (2) that is consistent with the municipal ordinance.
938.17(2)(h)
(h)
Sanctions; dispositional order violations generally. 938.17(2)(h)1.1. If a juvenile who has violated a municipal ordinance, other than an ordinance enacted under
s. 118.163 (1m) or
(2), violates a condition of his or her dispositional order, the municipal court may impose on the juvenile any of the sanctions specified in
s. 938.355 (6) (d) 2. to
5. that are authorized under
par. (cm) except for monitoring by an electronic monitoring system. The municipal court may also petition the court assigned to exercise jurisdiction under this chapter and
ch. 48 to impose on the juvenile the sanction specified in
s. 938.355 (6) (d) 1. or home detention with monitoring by an electronic monitoring system as specified in
s. 938.355 (6) (d) 3., if authorized under
par. (cm). A sanction may be imposed under this subdivision only if at the time of judgment the court explained the conditions to the juvenile and informed the juvenile of the possible sanctions under
s. 938.355 (6) (d) that are authorized under
par. (cm) for a violation or if before the violation the juvenile has acknowledged in writing that he or she has read, or has had read to him or her, those conditions and possible sanctions and that he or she understands those conditions and possible sanctions.
938.17(2)(h)2.
2. A motion requesting the municipal court to impose or petition for a sanction may be brought by the person or agency primarily responsible for the provision of dispositional services, the municipal attorney, or the court that entered the dispositional order. If the court initiates the motion, that court may not hold a hearing on the motion. Notice of the motion shall be given to the juvenile and the juvenile's parent, guardian, or legal custodian.
938.17(2)(h)3.
3. Before imposing any sanction, the court shall hold a hearing, at which the juvenile may present evidence. Except as provided in
s. 901.05, neither common law nor statutory rules of evidence are binding at a hearing under this subdivision.
938.17(2)(h)4.
4. If the court assigned to exercise jurisdiction under this chapter and
ch. 48 imposes the sanction specified in
s. 938.355 (6) (d) 1. or home detention with monitoring by an electronic monitoring system as specified in
s. 938.355 (6) (d) 3., on a petition described in
subd. 1., that court shall order the municipality of the municipal court that filed the petition to pay to the county the cost of providing the sanction imposed under
s. 938.355 (6) (d) 1. or
3.
938.17(2)(i)
(i)
Sanctions; truancy or school dropout dispositional order violations. 938.17(2)(i)1.1. If a juvenile who has violated a municipal ordinance enacted under
s. 118.163 (1m) violates a condition of his or her dispositional order, the municipal court may impose on the juvenile any of the sanctions specified in
s. 938.355 (6m) (ag). A sanction may be imposed under this subdivision only if at the time of judgment the court explained the conditions to the juvenile and informed the juvenile of those possible sanctions or if before the violation the juvenile has acknowledged in writing that he or she has read, or has had read to him or her, those conditions and possible sanctions and that he or she understands those conditions and possible sanctions.
938.17(2)(i)2m.
2m. If a juvenile who has violated a municipal ordinance enacted under
s. 118.163 (2) violates a condition of his or her dispositional order, the municipal court may impose on the juvenile any of the sanctions specified in
s. 938.355 (6m) (a) that are authorized under
par. (cm) except for the sanction specified in
s. 938.355 (6m) (a) 1g. The municipal court may also petition the court assigned to exercise jurisdiction under this chapter and
ch. 48 to impose on the juvenile the sanction specified in
s. 938.355 (6m) (a) 1g., if authorized under
par. (cm). A sanction may be imposed under this subdivision only if at the time of judgment the court explained the conditions to the juvenile and informed the juvenile of the possible sanctions under
s. 938.355 (6m) (a) that are authorized under
par. (cm) for a violation or if before the violation the juvenile has acknowledged in writing that he or she has read, or has had read to him or her, those conditions and possible sanctions and that he or she understands those conditions and possible sanctions.
938.17(2)(i)3g.
3g. A motion requesting the municipal court to impose or petition for a sanction may be brought by the person or agency primarily responsible for the provision of dispositional services, the municipal attorney, or the court that entered the dispositional order. If the court initiates the motion, that court may not hold a hearing on the motion. Notice of the motion shall be given to the juvenile and the juvenile's parent, guardian, or legal custodian.
938.17(2)(i)4.
4. Before imposing any sanction, the court shall hold a hearing, at which the juvenile may present evidence. Except as provided in
s. 901.05, neither common law nor statutory rules of evidence are binding at a hearing under this subdivision.
938.17(2)(i)4m.
4m. If the court assigned to exercise jurisdiction under this chapter and
ch. 48 imposes the sanction specified in
s. 938.355 (6m) (a) 1g., on a petition described in
subd. 2m., that court shall order the municipality of the municipal court that filed the petition to pay to the county the cost of providing the sanction imposed under
s. 938.355 (6m) (a) 1g.
938.17(3)
(3) Safety at sporting events. Notwithstanding
sub. (2), courts of criminal or civil jurisdiction have exclusive jurisdiction in proceedings against juveniles under
s. 167.32 or under a local ordinance strictly conforming to
s. 167.32. A juvenile convicted of a violation under
s. 167.32 or under a local ordinance strictly conforming to
s. 167.32 shall be treated as an adult for sentencing purposes.
938.18
938.18
Jurisdiction for criminal proceedings for juveniles 14 or older; waiver hearing. 938.18(1)
(1)
Waiver of juvenile court jurisdiction; conditions for. Subject to
s. 938.183, a petition requesting the court to waive its jurisdiction under this chapter may be filed if the juvenile meets any of the following conditions:
