AB130: Bill Text

AB130,176,5 (8) "Guardian" means the person named by the court having the duty and authority of guardianship.

AB130,176,6 (9s) "Integrated service plan" has the meaning given in s. 46.56 (1) (g).

AB130,176,10 (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 (2), the judge of the court of criminal jurisdiction.

AB130,176,13 (10m) "Juvenile" means a person who is less than 17 years of age, except that "juvenile" includes a person 17 years of age who comes within the jurisdiction of the court under s. 938.125 or 938.13 (4), (6), (6m) or (7).

AB130,176,16 (11) "Legal custodian" means a person, other than a parent or guardian, or an agency to whom legal custody of the juvenile has been transferred by a court, but does not include a person who has only physical custody of the juvenile.

AB130,176,22 (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 the 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.

AB130,177,3 (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. 767.60, "parent" includes a person adjudged in a judicial proceeding to be the biological father. "Parent" does not include any person whose parental rights have been terminated.

AB130,177,5 (14) "Physical custody" means actual custody of the person in the absence of a court order granting legal custody to the physical custodian.

AB130,177,8 (14m) "Pupil assistance program" means a program provided by a school board under s. 115.362 (4) (b) 2. to intervene in the abuse of alcohol and other drugs by pupils.

AB130,177,11 (15) "Relative" means a parent, grandparent, stepparent, brother, sister, first cousin, nephew, niece, uncle or aunt. This relationship may be by consanguinity or direct affinity.

AB130,177,14 (15g) "Secured child caring institution" means a child caring institution operated by a child welfare agency that is licensed under s. 48.66 (1) to hold in secure custody persons adjudged delinquent.

AB130,177,20 (15m) "Secured correctional facility" means a correctional institution operated or contracted for by the department of health and social services or the department of corrections for holding in secure custody persons adjudged delinquent. "Secured correctional facility" includes the facility at which the juvenile boot camp program under s. 938.532 is operated, a facility authorized under s. 938.533 (3) (b) and a facility authorized under s. 938.537 (4) (b).

AB130,177,23 (16) "Secure detention facility" means a locked facility approved by the department of corrections under s. 301.36 for the secure, temporary holding in custody of children.

AB130,178,3 (17) "Shelter care facility" means a nonsecure place of temporary care and physical custody for children, including a holdover room, licensed by the department under s. 48.66 (1).

AB130,178,9 (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.

AB130,178,14 (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 children care, maintenance and structured, professional treatment by trained individuals, including the treatment foster parents.

AB130,178,15 (18) "Trial" means a fact-finding hearing to determine jurisdiction.

AB130,178,18 (19) "Type 1 secured correctional facility" means a secured correctional facility, but excludes any correctional institution that meets the criteria under sub. (15m) solely because of its status under s. 938.533 (3) (b) or 938.537 (4) (b).

AB130,178,21 (20) "Type 2 secured correctional facility" means a secured correctional facility that meets the criteria under sub. (15m) solely because of its status under s. 938.533 (3) (b) or 938.537 (4) (b).

AB130,178,24 (21) "Victim-witness coordinator" means a person employed or contracted by the county board of supervisors under s. 950.06 to enforce the rights of victims and witnesses of crimes and to provide services for those victims and witnesses.

AB130,179,2 Subchapter II organization of court

AB130,179,5 938.03 Time and place of court; absence or disability of judge; court of record. (1) The judge shall set apart a time and place to hold court on juvenile matters.

AB130,179,10 (2) 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 as provided under s. 753.073.

AB130,179,14 938.06 Services for court. (1) Counties with a population of 500,000 or more. In counties with a population of 500,000 or more, the children's court center under s. 48.06 (1) shall provide the services necessary for investigating and supervising cases under this chapter.

AB130,179,18 (2) Counties with a population under 500,000. In counties with a population of under 500,000, the county department or court or both, as provided in s. 48.06 (2), shall provide the intake services required under s. 938.067 and the staff needed to carry out the objectives and provisions of this chapter under s. 938.069.

AB130,179,22 (3) Intake services. The court or county department responsible for providing intake services under s. 938.067 shall specify one or more persons to provide intake services. If there is more than one such worker, one of the workers shall be designated as chief worker and shall supervise other workers.

AB130,180,5 (4) State aid. State aid to any county for juvenile delinquency-related court services under this section shall be at the same net effective rate that each county is reimbursed for county administration under s. 49.52, except as provided in s. 46.26. Counties having a population of less than 500,000 may use funds received under ss. 46.26 and 49.52 (1) (d), including county or federal revenue sharing funds allocated to match funds received under s. 49.52 (1) (d), for the cost of providing court attached intake services in amounts not to exceed 50% of the cost of providing court attached intake services or $30,000 per county per calendar year, whichever is less.

AB130,180,10 (5) Short-term detention as a disposition. The county board of supervisors of any county may, by resolution, authorize the court to use placement in a secure detention facility or juvenile portion of the county jail as a disposition under s. 938.34 (3) (f). The use by the court of those placements as a disposition is subject to any resolution adopted under this subsection.

AB130,180,11 938.065 Juvenile court commissioners.

AB130,180,13 (2) Under this chapter a juvenile court commissioner appointed under s. 48.065, if authorized to do so by a judge, may do any of the following:

AB130,180,14 (a) Issue summonses.

AB130,180,16 (b) Conduct hearings under s. 938.21 and thereafter order a juvenile held in or released from custody.

AB130,180,17 (d) Conduct plea hearings.

AB130,180,18 (dm) Issue orders requiring compliance with deferred prosecution agreements.

AB130,180,19 (e) Enter into consent decrees.

AB130,180,20 (f) Conduct prehearing conferences.

AB130,180,21 (g) Conduct all proceedings on petitions or citations under s. 938.125.

AB130,180,22 (gm) Conduct uncontested proceedings under s. 938.12, 938.13 or 938.18.

AB130,180,24 (h) Perform such other duties, not in conflict with this chapter, as the judge may direct.

AB130,180,25 (3) The juvenile court commissioner may not do any of the following:

AB130,181,1 (a) Conduct waiver hearings under s. 938.18 except as provided in sub. (2) (g).

AB130,181,3 (b) Conduct fact-finding or dispositional hearings except petitions or citations under s. 938.125 and except as provided in sub. (2) (gm).

AB130,181,6 (c) Make dispositions other than ordering compliance with deferred prosecution agreements and approving consent decrees and other than dispositions in uncontested proceedings under s. 938.12 or 938.13.

AB130,181,9 (e) Make changes in placements of juveniles, or revisions or extensions of dispositional orders, except pursuant to petitions or citations under s. 938.125 and except in uncontested proceedings under s. 938.12 or 938.13.

AB130,181,10 (f) Make any dispositional order under s. 938.34 (4g) or (4m).

AB130,181,14 (4) When acting officially, the juvenile court commissioner shall sit at the courthouse or the usual court facility for juvenile delinquency matters. Any decision of the juvenile court commissioner shall be reviewed by the judge upon the request of any interested party.

AB130,181,17 938.067 Powers and duties of intake workers. To carry out the objectives and provisions of this chapter but subject to its limitations, intake workers shall do all of the following:

AB130,181,19 (1) Provide intake services 24 hours a day, 7 days a week, for the purpose of screening juveniles taken into custody and not released under s. 938.20 (2).

AB130,182,6 (2) Interview, unless impossible, any juvenile who is taken into physical custody and not released, and where appropriate interview other available concerned parties. If the juvenile cannot be interviewed, the intake worker shall consult with the juvenile's parent or a responsible adult. No juvenile may be placed in a secure detention facility unless the juvenile has been interviewed in person by an intake worker, except that if the intake worker is in a place which is distant from the place where the juvenile is or the hour is unreasonable, as defined by written court intake rules, and if the juvenile meets the criteria under s. 938.208, the intake worker, after consulting by telephone with the law enforcement officer who took the juvenile into custody, may authorize the secure holding of the juvenile while the intake worker is en route to the in-person interview or until 8 a.m. of the morning after the night on which the juvenile was taken into custody.

AB130,182,8 (3) Determine whether the juvenile shall be held under s. 938.205 and such policies as the judge shall promulgate under s. 48.06 (1) or (2).

AB130,182,9 (4) If the juvenile is not released, determine where the juvenile shall be held.

AB130,182,11 (5) Provide crisis counseling during the intake process when such counseling appears to be necessary.

AB130,182,14 (6) Receive referral information, conduct intake inquiries, make recommendations as to whether a petition should be filed, and enter into deferred prosecution agreements under policies promulgated under s. 48.06 (1) or (2).

AB130,182,16 (6m) Conduct the multidisciplinary screen in counties that have a pilot program under s. 938.547.

AB130,182,18 (7) Make referrals of cases to other agencies if their assistance appears to be needed or desirable.

AB130,182,20 (8) Make interim recommendations to the court concerning juveniles awaiting final disposition under s. 938.355.

AB130,182,23 (9) Perform any other functions ordered by the court, and assist the court or chief judge of the judicial administrative district in developing written policies or carrying out its other duties when the court or chief judge so requests.

AB130,183,2 938.069 Powers and duties of disposition staff. (1) The staff of the department, the court, a county department or a licensed child welfare agency designated by the court to carry out the objectives and provisions of this chapter shall:

AB130,183,4 (a) Supervise and assist a juvenile under a deferred prosecution agreement, a consent decree or an order of the court.

AB130,183,5 (b) Offer individual and family counseling.

AB130,183,8 (c) Make an affirmative effort to obtain necessary or desired services for the juvenile and the juvenile's family and investigate and develop resources toward that end.

AB130,183,10 (d) Prepare reports for the court recommending a plan of rehabilitation, treatment and care.

AB130,183,12 (dj) Provide aftercare services for a juvenile who has been released from a secured correctional facility or a secured child caring institution.

AB130,183,14 (e) Perform any other functions consistent with this chapter which are ordered by the court.

AB130,183,17 (2) Licensed child welfare agencies and the department shall provide services under this section only upon the approval of the agency from whom services are requested.

AB130,183,20 (3) A court or county department responsible for disposition staff may agree with the court or county department responsible for providing intake services that the disposition staff may be designated to provide some or all of the intake services.

AB130,183,23 (4) Disposition staff employed to perform the duties specified in sub. (1) after November 18, 1978, shall have the qualifications required under the county merit system.

AB130,184,2 938.07 Additional sources of court services. If the county board of supervisors has complied with s. 48.06, the court may obtain supplementary services for investigating cases and providing supervision of cases from one or more of the following sources:

AB130,184,9 (1) Department of health and social services. The court may request the services of the department for cases with special needs that cannot adequately be provided by the county department. The department may furnish the requested services, subject to s. 46.03 (18). The department shall provide, from the appropriation under s. 20.435 (6) (km), the services only to the extent that the county provides funds to the department equal to the net cost the department will incur as a result of providing the services requested and only if s. 46.26 does not apply.

AB130,184,15 (2) Licensed child welfare agency. The court may request the services of a child welfare agency licensed under s. 48.60 in accordance with procedures established by that agency. The child welfare agency shall receive no compensation for these services but may be reimbursed out of funds made available to the court for the actual and necessary expenses incurred in the performance of duties for the court.

AB130,184,23 (3) County department in populous counties. In counties having a population of 500,000 or more, the director of the county department may be ordered by the court to provide services for furnishing emergency shelter care to any juvenile whose need therefor, either by reason of need of protection and services or delinquency, is determined by the intake worker under s. 938.205. The court may authorize the director to appoint members of the county department to furnish emergency shelter care services for the juvenile. The emergency shelter care may be provided as specified in s. 938.207.

AB130,185,4 (4) County departments that provide developmental disabilities, mental health or alcohol and other drug abuse services. Within the limits of available state and federal funds and of county funds appropriated to match state funds, the court may order county departments established under s. 51.42 or 51.437 to provide special treatment or care to a juvenile if special treatment or care has been ordered under s. 938.34 (6) and if s. 938.362 (4) applies.

AB130,185,11 938.08 Duties of person furnishing services to court. (1) It is the duty of each person appointed to furnish services to the court as provided in ss. 938.06 and 938.07 to make such investigations and exercise such discretionary powers as the judge may direct, to keep a written record of such investigations and to submit a report to the judge. The person shall keep informed concerning the conduct and condition of the juvenile under the person's supervision and shall report thereon as the judge directs.

AB130,185,18 (2) Except as provided in sub. (3), any person authorized to provide or providing intake or dispositional services for the court under ss. 938.067 and 938.069 and any department of corrections staff member designated by the department of corrections has the power of police officers and deputy sheriffs only for the purpose of taking a juvenile into physical custody when the juvenile comes voluntarily or is suffering from illness or injury or is in immediate danger from his or her surroundings and removal from the surroundings is necessary.

AB130,185,25 (3) (a) In addition to the law enforcement authority specified in sub. (2), department of health and social services personnel designated by that department, personnel of a secured child caring institution designated by agreement between that secured child caring institution and the department of health and social services, and department of corrections personnel designated by the department of corrections have the power of law enforcement authorities to take a juvenile into physical custody under the following conditions:

AB130,186,2 1. If they are in prompt pursuit of a juvenile who has run away from a secured correctional facility or secured child caring institution.

AB130,186,4 2. If the juvenile has failed to return to a secured correctional facility or secured child caring institution after any authorized absence.

AB130,186,8 (b) A juvenile taken into custody under par. (a) may be returned directly to the secured correctional facility or secured child caring institution and shall have a hearing regarding placement in a disciplinary cottage or in disciplinary status in accordance with ch. 227.

AB130,186,10 938.09 Representation of the interests of the public. The interests of the public shall be represented in proceedings under this chapter as follows:

AB130,186,11 (1) By the district attorney, in any matter arising under s. 938.12.

AB130,186,17 (2) By the district attorney or, if designated by the county board of supervisors, by the corporation counsel, in any matter concerning a civil law violation arising under s. 938.125. If the county board transfers this authority to or from the district attorney on or after May 11, 1990, the board may do so only if the action is effective on September 1 of an odd-numbered year and the board notifies the department of administration of that change by January 1 of that odd-numbered year.

AB130,186,19 (3) By the city, village or town attorney, in any matter concerning a city, village or town ordinance violation, respectively, arising under s. 938.125.

AB130,186,21 (4) By any appropriate person designated by the county board of supervisors in any matter concerning a noncity ordinance violation arising under s. 938.125.

AB130,187,2 (5) By the district attorney or, if designated by the county board of supervisors, by the corporation counsel, in any matter arising under s. 938.13. If the county board transfers this authority to or from the district attorney on or after May 11, 1990, the board may do so only if the action is effective on September 1 of an odd-numbered year and the board notifies the department of administration of that change by January 1 of that odd-numbered year.

AB130,187,7 938.10 Power of the judge to act as intake worker. The duties of the intake worker may be carried out from time to time by the judge at his or her discretion, but if a recommendation to file a petition is made, a citation is issued or a deferred prosecution agreement is entered into, the judge shall be disqualified from participating further in the proceedings.

AB130,187,9 SUBCHAPTER III JURISDICTION

AB130,187,12 938.12 Jurisdiction over juveniles alleged to be delinquent. (1) 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 over who is alleged to be delinquent.

AB130,187,16 (2) If a court proceeding has been commenced under this section before a 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.

AB130,187,20 938.125 Jurisdiction over juveniles alleged to have violated civil laws or ordinances. The court has exclusive jurisdiction over any juvenile alleged to have violated a law punishable by forfeiture or a county, town or other municipal ordinance, except as follows: