Wisconsin Legislature: 35,546

938.293 (2) All records relating to a juvenile which are relevant to the subject matter of a proceeding under this subchapter chapter shall be open to inspection by a guardian ad litem or counsel for any party, upon demand and upon presentation of releases where necessary, at least 48 hours before the proceeding. Persons entitled to inspect the records may obtain copies of the records with the permission of the custodian of the records or with the permission of the court. The court may instruct counsel not to disclose specified items in the materials to the juvenile or the parent if the court reasonably believes that the disclosure would be harmful to the interests of the juvenile. Sections 971.23 and 972.11 (5) shall be applicable in all delinquency proceedings under this subchapter chapter, except that the court shall establish the timetable for the disclosures required under ss. 971.23 (1), (2m) and (8) and 972.11 (5).

Note: An early draft of the material contained in the present ch. 938 placed that material in a single new subchapter of ch. 48. This cross-reference was not corrected when the material was created in the new ch. 938.

35,537 Section 537 . 938.297 (3) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

938.297 (3) Motions to suppress evidence as having been illegally seized or statements as having been illegally obtained shall be made before fact-finding on the issues. The court may entertain the motion at the fact-finding hearing if it appears that a party is surprised by the attempt to introduce such evidence and that party waives jeopardy. Only the juvenile may waive jeopardy in cases under s. 938.12, 938.125 or 938.13 (12).

Note: Repeats phrase for better parallel construction.

35,538 Section 538 . 938.299 (1) (a) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

938.299 (1) (a) Except as provided in par. (ar), the general public shall be excluded from hearings under this chapter unless a public fact-finding hearing is demanded by a juvenile through his or her counsel. The court shall refuse to grant the public hearing, however, if the victim of an alleged sexual assault objects or, in a nondelinquency proceeding, if a parent or guardian objects. If a public hearing is not held, only the parties, their counsel, witnesses, a representative of the news media who wishes to attend the hearing for the purpose of reporting news without revealing the identity of the child juvenile involved and other persons requested by a party and approved by the court may be present. Any other person the court finds to have a proper interest in the case or in the work of the court, including a member of the bar, may be admitted by the court.

Note: Replaces “child" with “juvenile" for consistency of references within ch. 938.

35,539 Section 539 . 938.299 (1) (b) of the statutes, as affected by 1995 Wisconsin Act 352, is amended to read:

938.299 (1) (b) Except as provided in par. (av) and s. 938.396, any person who divulges any information which would identify the juvenile or the family involved in any proceeding under this subchapter chapter is subject to ch. 785. This paragraph does not preclude a victim of the juvenile's act from commencing a civil action based upon the juvenile's act.

35,540 Section 540 . 938.299 (6) (a) of the statutes, as affected by 1995 Wisconsin Act 275, is amended to read:

938.299 (6) (a) The court shall refer the matter to the state or to the attorney responsible for support enforcement under s. 59.458 (1) 59.53 (6) (a) for a determination, under s. 767.45, of whether an action should be brought for the purpose of determining the paternity of the juvenile.

Note: 1995 Wisconsin Act 201 renumbered s. 59.458 (1) to s. 59.53 (6) (a).

35,541 Section 541 . 938.299 (6) (e) 4. of the statutes, as created by 1995 Wisconsin Act 275, is amended to read:

938.299 (6) (e) 4. If the genetic tests show that an alleged father is not excluded and that the statistical probability that the alleged father is the child's juvenile's biological father is 99.0% or higher, the court may determine that for purposes of a proceeding under this chapter or ch. 48, other than a proceeding under subch. VIII of ch. 48, the man is the juvenile's biological parent.

Note: Replaces “child" with “juvenile" for consistency of references within ch. 938.

35,542 Section 542 . 938.299 (7) of the statutes, as created by 1995 Wisconsin Act 275, is amended to read:

938.299 (7) If a man who has been given notice under s. 938.27 (3) (b) 1. appears at any hearing for which he received the notice but does not allege that he is the father of the juvenile and state that he wishes to establish the paternity of the juvenile or if no man to whom such notice was given appears at a hearing, the court may refer the matter to the state or to the attorney responsible for support enforcement under s. 59.458 (1) 59.53 (6) (a) for a determination, under s. 767.45, of whether an action should be brought for the purpose of determining the paternity of the juvenile.

Note: 1995 Wis. Act 201 renumbered s. 59.458 (1) to s. 59.53 (6) (a).

35,543 Section 543 . 938.30 (1) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

938.30 (1) Except as provided in this subsection, the hearing to determine the juvenile's plea to a citation or a petition under s. 938.12, 938.125 or 938.13 (12), or to determine whether any party wishes to contest an allegation that the child juvenile is in need of protection or services under s. 938.13 (4), (6), (6m), (7) or (14) shall take place on a date which allows reasonable time for the parties to prepare but is within 30 days after the filing of a petition or issuance of a citation for a juvenile who is not being held in secure custody or within 10 days after the filing of a petition or issuance of a citation for a juvenile who is being held in secure custody. In a municipal court operated jointly by 2 or more cities, towns or villages under s. 755.01 (4), the hearing to determine the juvenile's plea shall take place within 45 days after the filing of a petition or issuance of a citation for a juvenile who is not being held in secure custody.

Note: Replaces “child" with “juvenile" for consistency of references within ch. 938.

35,544 Section 544 . 938.30 (5) (c) 1. of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

938.30 (5) (c) 1. If the court finds that there is probable cause to believe that the juvenile meets the conditions specified under s. 51.20 (1) (a) 1. and 2., order the county department under s. 46.215, 46.22, or 46.23 or 46.215 in the county of the juvenile's residence or the district attorney or corporation counsel who filed the petition under s. 938.12 or 938.13 (12) to file a petition under s. 51.20 (1).

Note: Reorders cross-references consistent with current style.

35,545 Section 545 . 938.30 (5) (d) 1. of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

938.30 (5) (d) 1. If the court finds that there is probable cause to believe that the juvenile meets the conditions specified under s. 51.20 (1) (a) 1. and 2., order the county department under s. 46.215, 46.22, or 46.23 or 46.215 in the county of the juvenile's residence or the district attorney or corporation counsel who filed the petition under s. 938.12 or 938.13 (12) to file a petition under s. 51.20 (1).

Note: Reorders cross-references consistent with current style.

35,546 Section 546 . 938.30 (6) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

938.30 (6) If a petition is not contested, the court shall set a date for the dispositional hearing which allows reasonable time for the parties to prepare but is no more than 10 days from the plea hearing for a juvenile who is held in secure custody and no more than 30 days from the plea hearing for a juvenile who is not held in secure custody. If it appears to the court that disposition of the case may include placement of the juvenile outside the juvenile's home, the court shall order the juvenile's parent to provide a statement of income, assets, debts and living expenses to the court or the designated agency under s. 938.33 (1) at least 5 days before the scheduled date of the dispositional hearing or as otherwise ordered by the court. The clerk of court shall provide, without charge, to any parent ordered to provide a statement of income, assets, debts and living expenses a document setting forth the percentage standard established by the department of health and family services industry, labor and job development under s. 46.25 49.22 (9) and listing the factors that a court may consider under s. 46.10 (14) (c). If all parties consent the court may proceed immediately with the dispositional hearing. If a citation is not contested, the court may proceed immediately to enter a dispositional order.

Note: Inserts correct department name and cross-reference. Section 46.25 was renumbered to s. 49.22 by 1995 Wis. Act 404, moving responsibility for that section from the department of health and family services (DHFS) to the department of industry, labor and job development (DILJD).

35,547 Section 547 . 938.31 (7) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

938.31 (7) At the close of the fact-finding hearing, the court shall set a date for the dispositional hearing which allows a reasonable time for the parties to prepare but is no more than 10 days after the fact-finding hearing for a juvenile in secure custody and no more than 30 days after the fact-finding hearing for a juvenile not held in secure custody. If it appears to the court that disposition of the case may include placement of the juvenile outside the juvenile's home, the court shall order the juvenile's parent to provide a statement of income, assets, debts and living expenses to the court or the designated agency under s. 938.33 (1) at least 5 days before the scheduled date of the dispositional hearing or as otherwise ordered by the court. The clerk of court shall provide, without charge, to any parent ordered to provide a statement of income, assets, debts and living expenses a document setting forth the percentage standard established by the department of health and family services industry, labor and job development under s. 46.25 49.22 (9) and listing the factors that a court may consider under s. 46.10 (14) (c). If all parties consent, the court may immediately proceed with a dispositional hearing.

Note: Inserts correct department name and cross-reference. Section 46.25 was renumbered to s. 49.22 by 1995 Wis. Act 404, moving responsibility for that section from DHFS to DILJD.

35,548 Section 548. 938.33 (3) (b) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

938.33 (3) (b) A recommendation for an amount of child support to be paid by either or both of the juvenile's parents or for referral to the county designee under s. 59.07 (97) 59.53 (5) for the establishment of child support.

Note: 1995 Wis. Act 201 renumbered s. 59.07 (97) to be s. 59.53 (5).

35,549 Section 549 . 938.33 (4) (b) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

938.33 (4) (b) A recommendation for an amount of child support to be paid by either or both of the juvenile's parents or for referral to the county designee under s. 59.07 (97) 59.53 (5) for the establishment of child support.

Note: 1995 Wis. Act 201 renumbered s. 59.07 (97) to be s. 59.53 (5).

35,550 Section 550 . 938.33 (4m) (a) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

938.33 (4m) (a) Its recommendation for juvenile child support.

Note: Inserts correct term.

35,551 Section 551 . 938.34 (3) (f) (intro.) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

938.34 (3) (f) (intro.) A secure detention facility or juvenile portion of a county jail that meets the standards promulgated by the department of corrections by rule, or in a place of nonsecure custody designated by the court, subject to all of the following:

Note: “Department" is defined as the department of corrections in ch. 938.

35,552 Section 552 . 938.34 (7d) (a) 1. of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

938.34 (7d) (a) 1. A nonresidential educational program, including a program for juveniles children at risk under s. 118.153, provided by the school district in which the juvenile resides.

Note: Inserts correct term.

35,553 Section 553 . 938.34 (8) of the statutes, as affected by 1995 Wisconsin Act 352, is amended to read:

938.34 (8) Forfeiture. Impose a forfeiture based upon a determination that this disposition is in the best interest of the juvenile and in aid of rehabilitation. The maximum forfeiture that the court may impose under this subsection for a violation by a juvenile is the maximum amount of the fine that may be imposed on an adult for committing that violation or, if the violation is applicable only to a person under 18 years of age, $100. Any such order shall include a finding that the juvenile alone is financially able to pay the forfeiture and shall allow up to 12 months for payment. If the juvenile fails to pay the forfeiture, the court may vacate the forfeiture and order other alternatives under this section, in accordance with the conditions specified in this subchapter chapter; or the court 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 less than 30 days nor more than 5 years. If the court suspends any license under this subsection, the clerk of the court shall immediately take possession of the suspended license and forward it to the department which issued the license, together with a notice of suspension clearly stating that the suspension is for failure to pay a forfeiture imposed by the court. If the forfeiture is paid during the period of suspension, the suspension shall be reduced to the time period which has already elapsed and the court shall immediately notify the department which shall then return the license to the juvenile.

35,554 Section 554 . 938.34 (16) of the statutes, as affected by 1995 Wisconsin Act 352, is amended to read:

938.34 (16) Stay of order. After ordering a disposition under this section, enter an additional order staying the execution of the dispositional order contingent on the juvenile's satisfactory compliance with any conditions that are specified in the dispositional order and explained to the juvenile by the court. If the juvenile violates a condition of his or her dispositional order, the agency supervising the juvenile shall notify the court and the court shall hold a hearing within 30 days after the filing of the notice to determine whether the original disposition dispositional order should be imposed, unless the juvenile signs a written waiver of any objections to imposing the original dispositional order and the court approves the waiver. If a hearing is held, the court shall notify the parent, juvenile, guardian and legal custodian, all parties bound by the original dispositional order and the district attorney or corporation counsel in the county in which the dispositional order was entered at of the time and place of the hearing at least 3 days before the hearing. If all parties consent, the court may proceed immediately with the hearing. The court may not impose the original dispositional order unless the court finds by a preponderance of the evidence that the juvenile has violated a condition of his or her dispositional order.

Note: Inserts correct words.

35,555 Section 555 . 938.35 (1) (intro.) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

938.35 (1) (intro.) 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 subchapter 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:

35,556 Section 556 . 938.355 (2) (b) 4. of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

938.355 (2) (b) 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 designee under s. 59.07 (97) 59.53 (5) for establishment of child support.

Note: 1995 Wis. Act 201 renumbered s. 59.07 (97) to be s. 59.53 (5).

35,557 Section 557 . 938.355 (6) (d) 1. of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

938.355 (6) (d) 1. Placement of the juvenile in a secure detention facility or juvenile portion of a county jail that meets the standards promulgated by the department of corrections by rule or in a place of nonsecure custody, for not more than 10 days and the provision of educational services consistent with his or her current course of study during the period of placement. The juvenile shall be given credit against the period of detention or nonsecure custody imposed under this subdivision for all time spent in secure detention in connection with the course of conduct for which the detention or nonsecure custody was imposed.

Note: “Department" is defined as the department of corrections in ch. 938.

35,558 Section 558 . 938.357 (1) of the statutes, as affected by 1995 Wisconsin Acts 275 and 352, is amended to read:

938.357 (1) The person or agency primarily responsible for implementing the dispositional order or the district attorney may request a change in the placement of the juvenile, whether or not the change requested is authorized in the dispositional order and shall cause written notice to be sent to the juvenile or the juvenile's counsel or guardian ad litem, parent, foster parent, treatment foster parent or other physical custodian described in s. 48.62 (2), guardian and legal custodian. The notice shall contain the name and address of the new placement, the reasons for the change in placement, a statement describing why the new placement is preferable to the present placement and a statement of how the new placement satisfies objectives of the treatment plan ordered by the court. Any person receiving the notice under this subsection or notice of the specific foster or treatment foster placement under s. 938.355 (2) (b) 2. may obtain a hearing on the matter by filing an objection with the court within 10 days after receipt of the notice. Placements shall not be changed until 10 days after such notice is sent to the court unless the parent, guardian or legal custodian and the juvenile, if 12 or more years of age, sign written waivers of objection, except that placement changes which were authorized in the dispositional order may be made immediately if notice is given as required in this subsection. In addition, a hearing is not required for placement changes authorized in the dispositional order except where an objection filed by a person who received notice alleges that new information is available which affects the advisability of the court's dispositional order. If a hearing is held under this subsection and the change in placement would remove a juvenile from a foster home or treatment foster home, treatment foster home or other placement with a physical custodian described in s. 48.62 (2), the court shall permit the foster parent or treatment foster parent, treatment foster parent or other physical custodian described in s. 48.62 (2) to make a written or oral statement during the hearing or to submit a written statement prior to the hearing relating to the juvenile and the requested change in placement.

Note: Reconciles the treatment of this provision by 1995 Wis. Acts 275 and 352.

35,559 Section 559 . 938.357 (5m) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

938.357 (5m) If a proposed change in placement changes a juvenile's placement from a placement in the juvenile's home to a placement outside the juvenile's home, the court shall order the juvenile's parent to provide a statement of income, assets, debts and living expenses to the court or the person or agency primarily responsible for implementing the dispositional order by a date specified by the court. The clerk of court shall provide, without charge, to any parent ordered to provide a statement of income, assets, debts and living expenses a document setting forth the percentage standard established by the department of health and family services workforce development under s. 46.25 49.22 (9) and listing the factors that a court may consider under s. 46.10 (14) (c). If the juvenile is placed outside the juvenile's home, the court shall determine the liability of the parent in the manner provided in s. 46.10 (14).

Note: Inserts correct department name and cross-reference. Section 46.25 was renumbered to s. 49.22 by 1995 Wis. Act 404, moving responsibility for that section from DHFS to DILJD. 1997 Wis. Act 3 renamed DILJD to DWD.

35,560 Section 560 . 938.36 (1) (b) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

938.36 (1) (b) In determining the amount of support under par. (a), the court may consider all relevant financial information or other information relevant to the parent's earning capacity, including information reported to the department of health and family services workforce development, or the county child and spousal support agency, under s. 46.25 49.22 (2m). If the court has insufficient information with which to determine the amount of support, the court shall order the juvenile's parent to furnish a statement of income, assets, debts and living expenses, if the parent has not already done so, to the court within 10 days after the court's order transferring custody or designating an alternative placement is entered or at such other time as ordered by the court.

35,561 Section 561 . 938.363 (1) of the statutes, as affected by 1995 Wisconsin Act 27, section 9126 (19), and 1995 Wisconsin Act 275, is amended to read:

938.363 (1) A juvenile, the juvenile's parent, guardian or legal custodian, any person or agency bound by a dispositional order or the district attorney or corporation counsel in the county in which the dispositional order was entered may request a revision in the order that does not involve a change in placement, including a revision with respect to the amount of child support to be paid by a parent, or the court may on its own motion propose such a revision. The request or court proposal shall set forth in detail the nature of the proposed revision and what new information is available that affects the advisability of the court's disposition. The request or court proposal shall be submitted to the court. The court shall hold a hearing on the matter if the request or court proposal indicates that new information is available which affects the advisability of the court's dispositional order and prior to any revision of the dispositional order, unless written waivers of objections to the revision are signed by all parties entitled to receive notice and the court approves. If a hearing is held, the court shall notify the juvenile, the juvenile's parent, guardian and legal custodian, all parties bound by the dispositional order, the juvenile's foster parent, treatment foster parent or other physical custodian described in s. 48.62 (2), and the district attorney or corporation counsel in the county in which the dispositional order was entered at least 3 days prior to the hearing. A copy of the request or proposal shall be attached to the notice. If the proposed revision is for a change in the amount of child support to be paid by a parent, the court shall order the juvenile's parent to provide a statement of income, assets, debts and living expenses to the court and the person or agency primarily responsible for implementing the dispositional order by a date specified by the court. The clerk of court shall provide, without charge, to any parent ordered to provide a statement of income, assets, debts and living expenses a document setting forth the percentage standard established by the department of health and family services workforce development under s. 46.25 49.22 (9) and listing the factors that a court may consider under s. 46.10 (14) (c). If all parties consent, the court may proceed immediately with the hearing. No revision may extend the effective period of the original order, or revise an original order under s. 938.34 (3) (f) or (6) (am) to impose more than 30 days of detention, nonsecure custody or inpatient treatment on a child juvenile.

Note: Replaces “child" with “juvenile" for consistency of references within ch. 938. Inserts correct department name and cross-reference. Section 46.25 was renumbered to s. 49.22 by 1995 Wis. Act 404, moving responsibility for that section from DHFS to DILJD. 1997 Wis. Act 3 renamed DILJD to DWD.

35,562 Section 562 . 938.363 (1m) of the statutes, as created by 1995 Wisconsin Act 275, is amended to read:

938.363 (1m) If a hearing is held under sub. (1), any party may present evidence relevant to the issue of revision of the dispositional order. In addition, the court shall permit a foster parent, treatment foster parent or other physical custodian described in s. 48.62 (2) of the child juvenile to make a written or oral statement during the hearing, or to submit a written statement prior to the hearing, relevant to the issue of revision.

Note: Replaces “child" with “juvenile" for consistency of references within ch. 938.

35,563 Section 563 . 938.365 (1m) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

938.365 (1m) The parent, juvenile, guardian, legal custodian, any person or agency bound by the dispositional order, the district attorney or corporation counsel in the county in which the dispositional order was entered or the court on its own motion, may request an extension of an order under s. 938.355. The request shall be submitted to the court which entered the order. No order under s. 938.355 that placed a child juvenile in detention, nonsecure custody or inpatient treatment under s. 938.34 (3) (f) or (6) (am) may be extended. No other order under s. 938.355 may be extended except as provided in this section.

Note: Replaces “child" with “juvenile" for consistency of references within ch. 938.

35,564 Section 564 . The treatment of 938.371 of the statutes by 1995 Wisconsin Act 275 is not repealed by 1995 Wisconsin Act 352. All treatments stand.

Note: There is no conflict of substance.

35,565 Section 565 . 938.38 (4) (bm) of the statutes, as created by 1995 Wisconsin Act 275, is amended to read:

938.38 (4) (bm) The availability of a placement with a relative of the child juvenile and, if a decision is made not to place the child juvenile with an available relative, why placement with the relative is not appropriate.

Note: Replaces “child" with “juvenile" for consistency of references within ch. 938.

35,566 Section 566. 938.38 (5) (c) 6. am. of the statutes, as created by 1995 Wisconsin Act 275, is amended to read: