AB130,220,2116 2. If the petition is contested, the court may not place the juvenile outside his
17or her home unless the juvenile is represented by counsel at the fact-finding hearing
18and subsequent proceedings. If the petition is not contested, the court may not place
19the juvenile outside his or her home unless the juvenile is represented by counsel at
20the hearing at which the placement is made. For a juvenile under 12 years of age,
21the judge may appoint a guardian ad litem instead of counsel.
AB130,220,25 22(2m)Right to counsel; extended court jurisdiction. A person subject to s.
23938.366 shall be represented by counsel at all proceedings under that section, except
24that the person may waive the right to counsel if the court is satisfied that the waiver
25is knowingly and voluntarily made and the court accepts the waiver.
AB130,221,3
1(3)Power of the court to appoint counsel. At any time, upon request or on
2its own motion, the court may appoint counsel for the juvenile or any party, unless
3the juvenile or the party has or wishes to retain counsel of his or her own choosing.
AB130,221,12 4(4)Providing counsel. In any situation under this section in which a person
5has a right to be represented by counsel or is provided counsel at the discretion of the
6court and counsel is not knowingly and voluntarily waived, the court shall refer the
7person to the state public defender and counsel shall be appointed by the state public
8defender under s. 977.08 without a determination of indigency. In any other
9situation under this section in which a person has a right to be represented by
10counsel or is provided counsel at the discretion of the court, competent and
11independent counsel shall be provided and reimbursed in any manner suitable to the
12court regardless of the person's ability to pay.
AB130,221,15 13(5)Counsel of own choosing. Regardless of any provision of this section, any
14party is entitled to retain counsel of his or her own choosing at his or her own expense
15in any proceeding under this chapter.
AB130,221,19 16(6)Definition. For the purposes of this section, "counsel" means an attorney
17acting as adversary counsel who shall advance and protect the legal rights of the
18party represented, and who may not act as guardian ad litem for any party in the
19same proceeding.
AB130,221,21 20938.235 Guardian ad litem. (1) Appointment. (a) The court may appoint
21a guardian ad litem in any appropriate matter under this chapter.
AB130,222,222 (e) The court shall appoint a guardian ad litem, or extend the appointment of
23a guardian ad litem previously appointed under par. (a), for any juvenile alleged or
24found to be in need of protection or services, if the court has ordered, or if a request

1or recommendation has been made that the court order, the juvenile to be placed out
2of his or her home under s. 938.345 or 938.357.
AB130,222,7 3(2) Qualifications. The guardian ad litem shall be an attorney admitted to
4practice in this state. No person who is an interested party in a proceeding, who
5appears as counsel in a proceeding on behalf of any party or who is a relative or
6representative of an interested party may be appointed guardian ad litem in that
7proceeding.
AB130,222,16 8(3) Responsibilities. The guardian ad litem shall be an advocate for the best
9interests of the person for whom the appointment is made. The guardian ad litem
10shall function independently, in the same manner as an attorney for a party to the
11action, and shall consider, but shall not be bound by, the wishes of such person or the
12positions of others as to the best interests of such person. If the guardian ad litem
13determines that the best interests of the person are substantially inconsistent with
14the wishes of such person, the guardian ad litem shall so inform the court and the
15court may appoint counsel to represent that person. The guardian ad litem has none
16of the rights or duties of a general guardian.
AB130,222,20 17(4) Matters involving juvenile in need of protection or services. (a) In any
18matter involving a juvenile found to be in need of protection or services, the guardian
19ad litem may, if reappointed or if the appointment is continued under sub. (7), do any
20of the following:
AB130,222,2121 1. Participate in permanency planning under ss. 48.43 (5) and 938.38.
AB130,222,2222 2. Petition for a change in placement under s. 938.357.
AB130,222,2423 3. Petition for termination of parental rights or any other matter specified
24under s. 48.14.
AB130,222,2525 4. Petition for revision of dispositional orders under s. 938.363.
AB130,223,1
15. Petition for extension of dispositional orders under s. 938.365.
AB130,223,32 6. Petition for a temporary restraining order and injunction under s. 813.122
3or 813.125.
AB130,223,54 7. Petition for relief from a judgment terminating parental rights under s.
548.46.
AB130,223,66 8. Perform any other duties consistent with this chapter and ch. 48.
AB130,223,97 (b) The court shall order the agency identified under s. 938.355 (2) (b) 1. as
8primarily responsible for the provision of services to notify the guardian ad litem, if
9any, regarding actions to be taken under par. (a).
AB130,223,24 10(7) Termination and extension of appointment. The appointment of a
11guardian ad litem under sub. (1) terminates upon the entry of the court's final order
12or upon the termination of any appeal in which the guardian ad litem participates.
13The guardian ad litem may appeal, may participate in an appeal or may do neither.
14If an appeal is taken by any party and the guardian ad litem chooses not to
15participate in that appeal, he or she shall file with the appellate court a statement
16of reasons for not participating. Irrespective of the guardian ad litem's decision not
17to participate in an appeal, the appellate court may order the guardian ad litem to
18participate in the appeal. At any time, the guardian ad litem, any party or the person
19for whom the appointment is made may request in writing or on the record that the
20court extend or terminate the appointment or reappointment. The court may extend
21that appointment, or reappoint a guardian ad litem appointed under this section,
22after the entry of the final order or after the termination of the appeal, but the court
23shall specifically state the scope of the responsibilities of the guardian ad litem
24during the period of that extension or reappointment.
AB130,224,5
1(8) Compensation. On order of the court, the guardian ad litem appointed
2under this chapter shall be allowed reasonable compensation to be paid by the county
3of venue. If the court orders a county to pay the compensation of the guardian ad
4litem, the amount ordered may not exceed the compensation paid to private
5attorneys under s. 977.08 (4m).
AB130,224,9 6938.237 Civil law and ordinance proceedings initiated by citation in
7the court assigned to exercise jurisdiction under this chapter and ch. 48.
8(1)
The citation forms under s. 23.54, 66.119, 778.25, 778.26 or 800.02 may be used
9to commence an action for a violation of civil laws and ordinances in the court.
AB130,224,17 10(2) The procedures for issuance and filing of a citation, and for forfeitures,
11stipulations and deposits in ss. 23.50 to 23.67, 23.75 (3) and (4), 66.119, 778.25,
12778.26 and 800.01 to 800.04 except s. 800.04 (2) (b), when the citation is issued by
13a law enforcement officer, shall be used as appropriate, except that this chapter shall
14govern taking and holding a juvenile in custody, s. 938.37 shall govern costs, penalty
15assessments and jail assessments, and a capias shall be substituted for an arrest
16warrant. Sections 66.119 (3) (c) and (d), 66.12 (1) and 778.10 as they relate to
17collection of forfeitures do not apply.
AB130,225,4 18(3) If a juvenile to whom a citation has been issued does not submit a deposit
19or a stipulation and deposit, the juvenile shall appear in the court for a plea hearing
20under s. 938.30 at the date, time and place for the court appearance specified on the
21citation. If the juvenile does not submit a stipulation and deposit or if the court
22refuses to accept a deposit unaccompanied by a stipulation, the juvenile may be
23summoned to appear and the procedures that govern petitions for civil law or
24ordinance violations under s. 938.125 shall govern all proceedings initiated by a
25citation, except that the citation shall not be referred to the court intake worker for

1an intake inquiry. If the court finds that a juvenile violated a municipal ordinance
2or a civil law punishable by a forfeiture under this section, the court shall enter a
3dispositional order under s. 938.344, if applicable, or if s. 938.344 does not apply, the
4court may enter any of the dispositional orders under s. 938.343.
AB130,225,65 SUBCHAPTER V
6 Procedure
AB130,225,14 7938.24 Receipt of jurisdictional information; intake inquiry. (1) Except
8when a citation has been issued under s. 938.17 (2), information indicating that a
9juvenile should be referred to the court as delinquent, in need of protection or
10services or in violation of a civil law or a county, town or municipal ordinance shall
11be referred to the intake worker, who shall conduct an intake inquiry on behalf of the
12court to determine whether the available facts establish prima facie jurisdiction and
13to determine the best interests of the juvenile and of the public with regard to any
14action to be taken.
AB130,225,18 15(1m) As part of the intake inquiry, the intake worker shall inform the juvenile
16and the juvenile's parent, guardian and legal custodian that they may request
17counseling from a person designated by the court to provide dispositional services
18under s. 938.069.
AB130,225,23 19(2) (a) As part of the intake inquiry the intake worker may conduct
20multidisciplinary screens and intake conferences with notice to the juvenile, parent,
21guardian and legal custodian. If sub. (2m) applies, the intake worker shall conduct
22a multidisciplinary screen under s. 938.547 if the juvenile has not refused to
23participate under par. (b).
AB130,226,3
1(b) No juvenile or other person may be compelled to appear at any conference,
2participate in a multidisciplinary screen, produce any papers or visit any place by an
3intake worker.
AB130,226,5 4(2m) (a) In counties that have a pilot program under s. 938.547, a
5multidisciplinary screen shall be conducted for:
AB130,226,66 1. Any juvenile alleged to have committed a violation specified under ch. 161.
AB130,226,97 2. Any juvenile alleged to be delinquent or in need of protection and services
8who has at least 2 prior adjudications for a violation of s. 125.07 (4) (a) or (b), 125.085
9(3) (b) or 125.09 (2) or a local ordinance that strictly conforms to any of those sections.
AB130,226,1210 3. Any juvenile alleged to have committed any offense which appears to the
11intake worker to be directly motivated by the juvenile's need to purchase or otherwise
12obtain alcohol beverages or controlled substances.
AB130,226,1413 4. Any juvenile 12 years of age or older who requests and consents to a
14multidisciplinary screen.
AB130,226,1615 5. Any juvenile who consents to a multidisciplinary screen requested by his or
16her parents.
AB130,226,1817 (b) The multidisciplinary screen may be conducted by an intake worker for any
18reason other than those specified in the criteria under par. (a).
AB130,226,22 19(3) If the intake worker determines as a result of the intake inquiry that the
20juvenile should be referred to the court, the intake worker shall request that the
21district attorney, corporation counsel or other official specified in s. 938.09 file a
22petition.
AB130,227,3 23(4) If the intake worker determines as a result of the intake inquiry that the
24case should be subject to a deferred prosecution agreement, or should be closed, the
25intake worker shall so proceed. If a petition has been filed, a deferred prosecution

1agreement may not be entered into or a case may not be closed unless the petition
2is withdrawn by the district attorney, corporation counsel or other official specified
3in s. 938.09, or is dismissed by the judge.
AB130,227,21 4(5) The intake worker shall recommend that a petition be filed, enter into a
5deferred prosecution agreement or close the case within 40 days or sooner of receipt
6of referral information. If the case is closed or a deferred prosecution agreement is
7entered into, the district attorney, corporation counsel or other official under s.
8938.09 shall receive written notice of such action. In addition, if a deferred
9prosecution agreement is entered into, the judge or juvenile court commissioner shall
10receive written notice of such action and, on receipt of that notice, shall enter an order
11requiring compliance with that agreement. A notice of deferred prosecution of an
12alleged delinquency case shall include a summary of the facts surrounding the
13allegation and a list of prior intake referrals and dispositions. If a law enforcement
14officer has made a recommendation concerning the juvenile, the intake worker shall
15forward this recommendation to the district attorney under s. 938.09.
16Notwithstanding the requirements of this section, the district attorney may initiate
17a delinquency petition under s. 938.25 within 20 days after notice that the case has
18been closed or that a deferred prosecution agreement has been entered into. The
19judge shall grant appropriate relief as provided in s. 938.315 (3) with respect to any
20such petition which is not referred or filed within the time limits specified within this
21subsection.
AB130,227,24 22(6) The intake worker shall perform his or her responsibilities under this
23section under general written policies which the judge shall promulgate under s.
24938.06 (1) or (2).
AB130,228,3
1(7) If a citation is issued to a juvenile, the citation shall not be the subject of
2an intake inquiry or a review by an intake worker for the purpose of recommending
3deferred prosecution.
AB130,228,8 4938.243 Basic rights: duty of intake worker. (1) Before conferring with
5the parent or juvenile during the intake inquiry, the intake worker shall personally
6inform a juvenile alleged to have committed a delinquent act, and parents and
7juveniles 10 years of age or over who are the focus of an inquiry regarding the need
8for protection or services under s. 938.13 (4), (6), (6m) or (7), of all of the following:
AB130,228,99 (ag) That the referral may result in a petition to the court.
AB130,228,1010 (am) What allegations could be in the petition to the court.
AB130,228,1211 (b) The nature and possible consequences of the proceedings including the
12provisions of ss. 938.17, 938.18 and 938.366 if applicable.
AB130,228,1513 (c) The right to remain silent and the fact that in a delinquency proceeding the
14silence of the juvenile shall not be adversely considered by the court although the
15silence of any party may be relevant in any nondelinquency proceeding.
AB130,228,1616 (d) The right to confront and cross-examine those appearing against them.
AB130,228,1717 (e) The right to counsel under s. 938.23.
AB130,228,1818 (f) The right to present and subpoena witnesses.
AB130,228,2219 (h) The right to have the allegations of the petition proved by clear and
20convincing evidence unless the juvenile comes within the court's jurisdiction under
21s. 938.12 or 938.13 (12), in which case the standard of proof shall be beyond a
22reasonable doubt.
AB130,229,4 23(1m) If the juvenile who is the subject of the intake inquiry is alleged to have
24committed an act which resulted in personal injury or damage to or loss of the
25property of another, the intake worker shall inform the juvenile's parents in writing

1of the possibility of disclosure of the identity of the juvenile and the parents, of the
2juvenile's police records and of the outcome of proceedings against the juvenile for
3use in civil actions for damages against the juvenile or the parents and of the parents'
4potential liability for acts of their juveniles.
AB130,229,6 5(2) This section does not apply if the juvenile was present at a hearing under
6s. 938.21.
AB130,229,13 7(3) If the juvenile has not had a hearing under s. 938.21 and was not present
8at an intake conference under s. 938.24, the intake worker shall inform the juvenile,
9parent, guardian and legal custodian as appropriate of their basic rights under this
10section. This notice shall be given verbally, either in person or by telephone, and in
11writing. This notice shall be given so as to allow the juvenile, parent, guardian or
12legal custodian sufficient time to prepare for the plea hearing. This subsection does
13not apply to cases of deferred prosecution under s. 938.245.
AB130,229,20 14938.245 Deferred prosecution. (1) The intake worker may enter into a
15written deferred prosecution agreement with all parties as provided in this section
16if the intake worker has determined that neither the interests of the juvenile nor of
17the public require filing of a petition for circumstances relating to s. 938.12, 938.125
18or 938.13. Deferred prosecution shall be available only if the facts persuade the
19intake worker that the jurisdiction of the court, if sought, would exist and upon
20consent of the juvenile, parent, guardian and legal custodian.
AB130,229,22 21(2) (a) A deferred prosecution agreement may provide for any one or more of
22the following:
AB130,229,2523 1. That the juvenile and the juvenile's parent, guardian or legal custodian
24participate in individual, family or group counseling and that the parent, guardian
25or legal custodian participate in parenting skills training.
AB130,230,3
12. That the juvenile and a parent, guardian and legal custodian abide by such
2obligations, including supervision, curfews and school attendance requirements, as
3will tend to ensure the juvenile's rehabilitation, protection or care.
AB130,230,104 3. That the juvenile submit to an alcohol and other drug abuse assessment that
5conforms to the criteria specified under s. 938.547 (4) and that is conducted by an
6approved treatment facility for an examination of the juvenile's use of alcohol
7beverages or controlled substances and any medical, personal, family or social effects
8caused by its use, if the multidisciplinary screen conducted under s. 938.24 (2) shows
9that the juvenile is at risk of having needs and problems related to the use of alcohol
10beverages or controlled substances and its medical, personal, family or social effects.
AB130,230,1711 4. That the juvenile participate in an alcohol and other drug abuse outpatient
12treatment program, a court-approved pupil assistance program provided by the
13juvenile's school board or a court-approved alcohol or other drug abuse education
14program, if an alcohol and other drug abuse assessment conducted under subd. 3.
15recommends outpatient treatment, intervention or education. The juvenile's
16participation in a court-approved pupil assistance program under this subdivision
17is subject to the approval of the juvenile's school board.
AB130,231,318 5. a. That the juvenile participate in a restitution project if the juvenile has
19attained the age of 10 and the act for which the deferred prosecution agreement is
20being entered into has resulted in damage to the property of another, or in actual
21physical injury to another excluding pain and suffering. Subject to subd. 5. c., the
22deferred prosecution agreement may require the juvenile to repair the damage to
23property or to make reasonable restitution for the damage or injury if the intake
24worker, after taking into consideration the well-being and needs of the victim,
25considers it beneficial to the well-being and behavior of the juvenile. Any such

1deferred prosecution agreement shall include a determination that the juvenile
2alone is financially able to pay and may allow up to the date of the expiration of the
3deferred prosecution agreement for the payment.
AB130,231,94 b. In addition to any other employment or duties permitted under ch. 103 or
5any rule or order under ch. 103, a juvenile who is 10 to 13 years of age who is
6participating in a restitution project provided by the county may, for the purpose of
7making restitution, be employed or perform any duties under any circumstances in
8which a juvenile 14 or 15 years of age is permitted to be employed or to perform duties
9under ch. 103 or any rule or order under ch. 103.
AB130,231,1110 c. Under this subdivision, a deferred prosecution agreement may not require
11a juvenile who is 10 to 13 years of age to make more than $250 in restitution.
AB130,231,1412 6. If the juvenile has attained the age of 10, that the juvenile participate in a
13supervised work program or other community service work in accordance with s.
14938.34 (5g) (a).
AB130,232,215 7. That the juvenile be placed with a volunteers in probation program under
16such conditions as the intake worker determines are reasonable and appropriate, if
17the juvenile is alleged to have committed an act that would constitute a misdemeanor
18if committed by an adult, if the chief judge of the judicial administrative district has
19approved under s. 973.11 (2) a volunteers in probation program established in the
20juvenile's county of residence and if the intake worker determines that volunteer
21supervision under that volunteers in probation program will likely benefit the
22juvenile and the community. The conditions that the intake worker may establish
23under this subdivision may include, but need not be limited to, a request to a
24volunteer to provide for the juvenile a role model, informal counseling, general
25monitoring and monitoring of the conditions established by the intake worker, or any

1combination of these functions, and any other deferred prosecution condition that
2the intake worker may establish under this paragraph.
AB130,232,43 (b) A deferred prosecution agreement may not include any form of residential
4placement and may not exceed one year.
AB130,232,95 (c) If the deferred prosecution agreement provides for alcohol and other drug
6abuse outpatient treatment under par. (a) 4., the juvenile and the juvenile's parent,
7guardian or legal custodian shall execute an informed consent form that indicates
8that they are voluntarily and knowingly entering into a deferred prosecution
9agreement for the provision of alcohol and other drug abuse outpatient treatment.
AB130,232,16 10(3) The obligations imposed under a deferred prosecution agreement and its
11effective date shall be set forth in writing. The judge or juvenile court commissioner
12shall receive written notice that a deferred prosecution agreement has been entered
13into and, on receipt of that notice, shall enter an order requiring compliance with that
14agreement. The juvenile and a parent, guardian and legal custodian shall receive
15a copy of the agreement and order, as shall any agency providing services under the
16agreement.
AB130,232,24 17(4) The intake worker shall inform the juvenile and the juvenile's parent,
18guardian and legal custodian in writing of their right to request the court to
19terminate the deferred prosecution agreement at any time or object at any time to
20the fact or terms of the deferred prosecution agreement. If an objection arises the
21intake worker may alter the terms of the agreement or recommend to the district
22attorney or corporation counsel that a petition be filed. If the deferred prosecution
23agreement is terminated the intake worker may recommend to the district attorney
24or corporation counsel that a petition be filed.
AB130,233,2
1(5) A deferred prosecution agreement may be terminated by the court upon the
2request of the juvenile, parent, guardian or legal custodian.
AB130,233,7 3(6) A deferred prosecution agreement arising out of an alleged delinquent act
4is terminated if the district attorney files a delinquency petition within 20 days after
5receipt of notice of the deferred prosecution agreement under s. 938.24 (5). In such
6case statements made to the intake worker during the intake inquiry are
7inadmissible.
AB130,233,18 8(7) (a) If at any time during the period of a deferred prosecution agreement the
9intake worker determines that the obligations imposed under it are not being met,
10the intake worker may cancel the deferred prosecution agreement. Within 10 days
11after the cancellation of the deferred prosecution agreement, the intake worker shall
12notify the district attorney, corporation counsel or other official under s. 938.09 of the
13cancellation and recommend whether or not a petition should be filed. In
14delinquency cases, the district attorney may initiate a petition within 20 days after
15the date of the notice regardless of whether the intake worker has recommended that
16a petition be filed. The judge shall grant appropriate relief as provided in s. 938.315
17(3) with respect to any petition which is not filed within the time limit specified in
18this subsection.
AB130,234,719 (b) In addition to the action taken under par. (a), if the intake worker cancels
20a deferred prosecution agreement based on a determination that the juvenile's
21parent, guardian or legal custodian is not meeting the obligations imposed under the
22agreement, the intake worker shall recommend to the district attorney, corporation
23counsel or other official under s. 938.09 whether or not a petition should be filed
24requesting the court to order the juvenile's parent, guardian or legal custodian to
25show good cause for not meeting the obligations imposed under the agreement. If the

1district attorney, corporation counsel or other official under s. 938.09 files a petition
2under this paragraph and if the court finds prosecutive merit for the petition, the
3court shall grant an order directing the parent, guardian or legal custodian to show
4good cause, at a time and place fixed by the court, for not meeting the obligations
5imposed under the agreement. If the parent, guardian or legal custodian does not
6show good cause for not meeting the obligations imposed under the agreement, the
7court may impose a forfeiture not to exceed $1,000.
AB130,234,12 8(8) If the obligations imposed under the deferred prosecution agreement are
9met, the intake worker shall so inform the juvenile and a parent, guardian and legal
10custodian in writing, and no petition may be filed or citation issued on the charges
11that brought about the deferred prosecution agreement nor may the charges be the
12sole basis for a petition under s. 48.13, 48.14 or 938.13.
AB130,234,15 13(9) The intake worker shall perform his or her responsibilities under this
14section under general written policies which the judge shall promulgate under s.
15938.06 (1) or (2).
AB130,234,23 16938.25 Petition: authorization to file. (1) A petition initiating proceedings
17under this chapter shall be signed by a person who has knowledge of the facts alleged
18or is informed of them and believes them to be true. If a petition under s. 938.12 is
19to be filed, it shall be prepared, signed and filed by the district attorney. The district
20attorney, corporation counsel or other appropriate official specified under s. 938.09
21may file the petition if the proceeding is under s. 938.125 or 938.13. The counsel or
22guardian ad litem for a parent, relative, guardian or juvenile may file a petition
23under s. 938.13.
AB130,235,16 24(2) (a) The district attorney, corporation counsel or other appropriate official
25shall file the petition, close the case, or refer the case back to intake within 20 days

1after the date that the intake worker's recommendation was filed. A referral back
2to intake may be made only when the district attorney, corporation counsel or other
3appropriate official decides not to file a petition or determines that further
4investigation is necessary. If the case is referred back to intake upon a decision not
5to file a petition, the intake worker shall close the case or enter into a deferred
6prosecution agreement within 20 days. If the case is referred back to intake for
7further investigation, the appropriate agency or person shall complete the
8investigation within 20 days. If another referral is made to the district attorney,
9corporation counsel or other appropriate official, it shall be considered a new referral
10to which the time limits of this subsection shall apply. The time limits in this
11subsection may only be extended by a judge upon a showing of good cause under s.
12938.315. If a petition is not filed within the time limitations set forth in this
13subsection and the court has not granted an extension, the petition shall be
14accompanied by a statement of reasons for the delay. The court shall grant
15appropriate relief as provided in s. 938.315 (3) with respect to a petition which is not
16filed within the time limits specified in this paragraph.
AB130,235,2517 (b) In delinquency cases where there has been a case closure or deferred
18prosecution agreement, the petition shall be filed within 20 days of receipt of the
19notice of closure or deferred prosecution. Failure to file within 20 days invalidates
20the petition and affirms the case closure or deferred prosecution agreement, except
21that the court shall grant appropriate relief as provided in s. 938.315 (3) with respect
22to a petition that is not field within the time limit specified in this paragraph. If a
23petition is filed within 20 days or the time permitted by the court under s. 938.315
24(3), whichever is later, the district attorney shall notify the parties to the agreement
25and the intake worker as soon as possible.
AB130,236,5
1(3) If the district attorney, corporation counsel or other appropriate official
2under s. 938.09 refuses to file a petition, any person may request the judge to order
3that the petition be filed and a hearing shall be held on the request. The judge may
4order the filing of the petition on his or her own motion. The matter may not be heard
5by the judge who orders the filing of a petition.
AB130,236,6 6(4) Section 939.74 applies to delinquency petitions filed under this subchapter.
AB130,236,9 7(5) A citation issued under s. 938.17 (2) may serve as the initial pleading and
8is sufficient to confer the court with jurisdiction over the juvenile when the citation
9is filed with the court.
AB130,236,17 10(6) If a proceeding is brought under s. 938.13, any party to or any governmental
11or social agency involved in the proceeding may petition the court to issue a
12temporary restraining order and injunction as provided in s. 813.122 or 813.125. The
13court shall follow the procedure under s. 813.122 or 813.125 except that the court
14may combine hearings authorized under s. 813.122 or 813.125 and this chapter, the
15petitioner for the temporary restraining order and injunction is not subject to the
16limitations under s. 813.122 (2) or 813.125 (2) and no fee is required regarding the
17filing of the petition under s. 813.122 or 813.125.
AB130,236,24 18938.255 Petition; form and content. (1) A petition initiating proceedings
19under this chapter, other than a petition initiating proceedings under s. 938.12 or
20938.13 (12), shall be entitled, "In the interest of (juvenile's name), a person under the
21age of 18". A petition initiating proceedings under s. 938.12 or 938.13 (12) shall be
22entitled, "In the interest of (juvenile's name), a person under the age of 17". A petition
23initiating proceedings under this chapter shall set forth with specificity all of the
24following:
AB130,236,2525 (a) The name, birth date and address of the juvenile.
AB130,237,3
1(b) The names and addresses of the juvenile's parent, guardian, legal custodian
2or spouse, if any; or if no such person can be identified, the name and address of the
3nearest relative.
AB130,237,74 (c) Whether the juvenile is in custody, and, if so, the place where the juvenile
5is being held and the time he or she was taken into custody unless there is reasonable
6cause to believe that such disclosure would result in imminent danger to the juvenile
7or physical custodian.
AB130,237,118 (d) If violation of a criminal statute, an ordinance or another law is alleged, the
9citation to the appropriate law or ordinance as well as facts sufficient to establish
10probable cause that an offense has been committed and that the juvenile named in
11the petition committed the offense.
AB130,237,1612 (e) If the juvenile is alleged to come within the provisions of s. 938. 13 (4), (6),
13(6m), (7) or (14), reliable and credible information which forms the basis of the
14allegations necessary to invoke the jurisdiction of the court and to provide reasonable
15notice of the conduct or circumstances to be considered by the court together with a
16statement that the juvenile is in need of supervision, services, care or rehabilitation.
AB130,237,18 17(2) If any of the facts in sub. (1) (a), (b) or (c) are not known or cannot be
18ascertained by the petitioner, the petition shall so state.
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