AB130,238,2 23938.263 Amendment of petition. (1) Except as provided in s. 938.255 (3),
24no petition, process or other proceeding may be dismissed or reversed for any error
25or mistake if the case and the identity of the juvenile named in the petition may be

1readily understood by the court; and the court may order an amendment curing the
2defects.
AB130,238,7 3(2) With reasonable notification to the interested parties and prior to the
4taking of a plea under s. 938.30, the petition may be amended at the discretion of the
5court or person who filed the petition. After the taking of a plea, the court may allow
6amendment of the petition to conform to the proof if the amendment is not prejudicial
7to the juvenile.
AB130,238,13 8938.27 Notice; summons. (1) After a citation is issued or a petition has been
9filed relating to facts concerning a situation specified under s. 938.12, 938.125 or
10938.13, unless the parties under sub. (3) voluntarily appear, the court may issue a
11summons requiring the parent, guardian and legal custodian of the juvenile to
12appear personally at any hearing involving the juvenile, and, if the court so orders,
13to bring the juvenile before the court at a time and place stated.
AB130,238,15 14(2) Summons may be issued requiring the appearance of any other person
15whose presence, in the opinion of the court, is necessary.
AB130,238,25 16(3) (a) The court shall also notify, under s. 938.273, the juvenile and any parent,
17guardian and legal custodian of the juvenile of all hearings involving the juvenile
18under this subchapter, except hearings on motions for which notice need only be
19provided to the juvenile and his or her counsel. Where parents entitled to notice have
20the same place of residence, notice to one shall constitute notice to the other. The first
21notice to any interested party shall be written and have a copy of the petition
22attached to it. Thereafter, notice of hearings may be given by telephone at least 72
23hours before the time of the hearing. The person giving telephone notice shall place
24in the case file a signed statement of the time notice was given and the person to
25whom he or she spoke.
AB130,239,5
1(b) 1. Except as provided in subd. 2., if the petition that was filed relates to facts
2concerning a situation under s. 938.13 and if the juvenile is a nonmarital child who
3is not adopted or whose parents do not subsequently intermarry as provided under
4s. 767.60 and if paternity has not been established, the court shall notify, under s.
5938.273, all of the following persons:
AB130,239,66 a. A person who has filed a declaration of interest under s. 48.025.
AB130,239,97 b. A person alleged to the court to be the father of the juvenile or who may, based
8on the statements of the mother or other information presented to the court, be the
9father of the juvenile.
AB130,239,1310 2. A court is not required to provide notice, under subd. 1., to any person who
11may be the father of a juvenile conceived as a result of a sexual assault if a physician
12attests to his or her belief that there was a sexual assault of the juvenile's mother that
13may have resulted in the juvenile's conception.
AB130,239,14 14(4) The notice shall:
AB130,239,1615 (a) Contain the name of the juvenile, and the nature, location, date and time
16of the hearing.
AB130,239,1817 (b) Advise the juvenile and any other party, if applicable, of his or her right to
18legal counsel regardless of ability to pay.
AB130,240,4 19(4m) The district attorney or corporation counsel shall attempt to contact any
20known victim or alleged victim of a juvenile's act or alleged act and any known family
21member of a homicide victim or alleged homicide victim to inform them of the right
22to receive notice of any hearing under this chapter involving the juvenile. If a victim,
23alleged victim or family member of a homicide victim or of an alleged homicide victim
24indicates that he or she wishes to receive notice of any hearing under this chapter
25involving the juvenile, the district attorney or corporation counsel shall notify, under

1s. 938.273, that victim, alleged victim or family member of any hearing under this
2chapter involving the juvenile. Any failure to comply with this subsection is not a
3ground for an appeal of a judgment or dispositional order or for any court to reverse
4or modify a judgment or dispositional order.
AB130,240,8 5(5) The court shall make every reasonable effort to identify and notify any
6person who has filed a declaration of interest under s. 48.025 and any person who has
7been adjudged to be the biological father of the juvenile in a judicial proceeding
8unless the biological father's rights have been terminated.
AB130,240,10 9(7) When a citation has been issued under s. 938.17 (2) and the juvenile's parent
10or guardian has been notified of the citation, subs. (3) and (4) do not apply.
AB130,240,14 11(8) When a petition is filed under s. 938.12 or 938.13, the court shall notify, in
12writing, the juvenile's parents or guardian that they may be ordered to reimburse
13this state or the county for the costs of legal counsel provided for the juvenile, as
14provided under s. 938.275 (2).
AB130,241,6 15938.273 Service of summons or notice; expense. (1) Service of summons
16or notice required by s. 938.27 may be made by mailing a copy thereof to the persons
17summoned or notified. If the persons, other than a person specified in s. 938.27 (4m),
18fail to appear at the hearing or otherwise to acknowledge service, a continuance shall
19be granted, except where the court determines otherwise because the juvenile is in
20secure custody, and service shall be made personally by delivering to the persons a
21copy of the summons or notice; except that if the court is satisfied that it is
22impracticable to serve the summons or notice personally, it may make an order
23providing for the service of the summons or notice by certified mail addressed to the
24last-known addresses of the persons. The court may refuse to grant a continuance
25when the juvenile is being held in secure custody, but in such a case the court shall

1order that service of notice of the next hearing be made personally or by certified mail
2to the last-known address of the person who failed to appear at the hearing.
3Personal service shall be made at least 72 hours before the time of the hearing. Mail
4shall be sent at least 7 days before the time of the hearing, except where the petition
5is filed under s. 938.13 and the person to be notified lives outside the state, in which
6case the mail shall be sent at least 14 days before the time of the hearing.
AB130,241,11 7(2) Service of summons or notice required by this subchapter may be made by
8any suitable person under the direction of the court. Notification of the victim or
9alleged victim of a juvenile's act or of a family member of a homicide victim or of an
10alleged homicide victim under s. 938.27 (4m) shall be made by the district attorney
11or corporation counsel.
AB130,241,16 12(3) The expenses of service of summons or notice or of the publication of
13summons or notice and the traveling expenses and fees as allowed in ch. 885 incurred
14by any person summoned or required to appear at the hearing of any case coming
15within the jurisdiction of the court under s. 938.12, 938.125 or 938.13 shall be a
16charge on the county when approved by the court.
AB130,241,22 17938.275 Parents' contribution to cost of court and legal services. (1)
18If the court finds a juvenile to be delinquent under s. 938.12, in violation of a civil law
19or ordinance under s. 938.125 or in need of protection or services under s. 938.13, the
20court shall order the parents of the juvenile to contribute toward the expense of
21post-adjudication services to the juvenile the proportion of the total amount which
22the court finds the parents are able to pay.
AB130,242,7 23(2) (a) If this state or a county provides legal counsel to a juvenile subject to a
24proceeding under s. 938.12 or 938.13, the court shall order the juvenile's parent to
25provide a statement of income, assets and living expenses to the county department

1and shall order that parent to reimburse the state or county in accordance with par.
2(b) or (c). The court may not order reimbursement if a parent is the complaining or
3petitioning party or if the court finds that the interests of the parent and the interests
4of the juvenile in the proceeding are substantially and directly adverse and that
5reimbursement would be unfair to the parent. The court may not order
6reimbursement until the completion of the proceeding or until the state or county is
7no longer providing the juvenile with legal counsel in the proceeding.
AB130,242,158 (b) If this state provides the juvenile with legal counsel and the court orders
9reimbursement under par. (a), the county department shall determine whether the
10parent is indigent as provided under s. 977.07 and shall determine the amount of
11reimbursement. If the parent is found not to be indigent, the amount of
12reimbursement shall be the maximum amount established by the public defender
13board. If the parent is found to be indigent in part, the amount of reimbursement
14shall be the amount of partial payment determined in accordance with the rules of
15the public defender board under s. 977.02 (3).
AB130,242,2116 (c) If the county provides the juvenile with legal counsel and the court orders
17reimbursement under par. (a), the court shall either make a determination of
18indigency or shall appoint the county department to make the determination. If the
19court or the county department finds that the parent is not indigent or is indigent
20in part, the court shall establish the amount of reimbursement and shall order the
21parent to pay it.
AB130,242,2322 (cg) The court shall, upon motion by a parent, hold a hearing to review any of
23the following:
AB130,242,2424 1. An indigency determination made under par. (b) or (c).
AB130,242,2525 2. The amount of reimbursement ordered.
AB130,243,3
13. The court's finding, under par. (a), that the interests of the parent and the
2juvenile are not substantially and directly adverse and that ordering the payment
3of reimbursement would not be unfair to the parent.
AB130,243,54 (cr) Following a hearing under par. (cg), the court may affirm, rescind or modify
5the reimbursement order.
AB130,243,116 (d) Reimbursement payments shall be made to the clerk of court of the county
7where the proceedings took place. Each payment shall be transmitted to the county
8treasurer, who shall deposit 50% of the amount paid for state-provided counsel in the
9county treasury and transmit the remainder to the state treasurer for deposit in the
10general fund. The county treasurer shall deposit 100% of the amount paid for
11county-provided counsel in the county treasury.
AB130,243,1312 (dm) Within 30 days after each calendar quarter, the clerk of court for each
13county shall report to the state public defender all of the following:
AB130,243,1514 1. The total amount of reimbursement determined or ordered under par. (b) or
15(cr) for state-provided counsel during the previous calendar quarter.
AB130,243,1716 2. The total amount collected under par. (d) for state-provided counsel during
17the previous calendar quarter.
AB130,243,1918 (e) A person who fails to comply with an order under par. (b) or (c) may be
19proceeded against for contempt of court under ch. 785.
AB130,243,22 20(3) This section does not apply to the parents of a person who is subject to s.
21938.366 with respect to the costs of the person's legal representation for a hearing
22under s. 938.366.
AB130,244,3 23938.28 Failure to obey summons; capias. If any person summoned under
24this subchapter fails without reasonable cause to appear, he or she may be proceeded
25against for contempt of court. In case the summons cannot be served or the parties

1served fail to obey the same, or in any case when it appears to the court that the
2service will be ineffectual a capias may be issued for the parent or guardian or for the
3juvenile. Subchapter IV governs the taking and holding of a juvenile in custody.
AB130,244,14 4938.29 Substitution of judge. (1) Except as provided in sub. (1g), the
5juvenile, either before or during the plea hearing, may file a written request with the
6clerk of the court or other person acting as the clerk for a substitution of the judge
7assigned to the proceeding. Upon filing the written request, the juvenile shall
8immediately mail or deliver a copy of the request to the judge named therein. In a
9proceeding under s. 938.12 or 938.13 (12), only the juvenile may request a
10substitution of the judge. Whenever the juvenile has the right to request a
11substitution of judge, the juvenile's counsel or guardian ad litem may file the request.
12Not more than one such written request may be filed in any one proceeding, nor may
13any single request name more than one judge. This section shall not apply to
14proceedings under s. 938.21.
AB130,244,20 15(1g) The juvenile may not request the substitution of a judge in a proceeding
16under s. 938.12 or 938.13 (12), and the juvenile and the juvenile's parent, guardian
17or legal custodian may not request the substitution of a judge in a proceeding under
18s. 938.13 (4), (6), (6m) or (7), if the judge assigned to the proceeding has entered a
19dispositional order with respect to the child in a previous proceeding under s. 938.12
20or 938.13 (4), (6), (6m), (7) or (12).
AB130,245,4 21(1m) When the clerk receives a request for substitution, the clerk shall
22immediately contact the judge whose substitution has been requested for a
23determination of whether the request was made timely and in proper form. Except
24as provided in sub. (2), if the request is found to be timely and in proper form, the
25judge named in the request has no further jurisdiction and the clerk shall request

1the assignment of another judge under s. 751.03. If no determination is made within
27 days, the clerk shall refer the matter to the chief judge of the judicial administrative
3district for determination of whether the request was made timely and in proper form
4and reassignment as necessary.
AB130,245,11 5(2) If the request for substitution of a judge is made for the judge scheduled to
6conduct a waiver hearing under s. 938.18, the request shall be filed before the close
7of the working day preceding the day that the waiver hearing is scheduled. Except
8as provided in sub. (1g), the judge may allow an authorized party to make a request
9for substitution on the day of the waiver hearing. If the request for substitution is
10made subsequent to the waiver hearing, the judge who conducted the waiver hearing
11may also conduct the plea hearing.
AB130,245,19 12938.293 Discovery. (1) Copies of all law enforcement officer reports,
13including but not limited to the officer's memorandum and witnesses' statements,
14shall be made available upon request to counsel or guardian ad litem prior to a plea
15hearing. The reports shall be available through the representative of the public
16designated under s. 938.09. The juvenile, through counsel or guardian ad litem, is
17the only party who shall have access to the reports in proceedings under s. 938.12,
18938.125 or 938.13 (12). The identity of a confidential informant may be withheld
19pursuant to s. 905.10.
AB130,246,5 20(2) All records relating to a juvenile which are relevant to the subject matter
21of a proceeding under this subchapter shall be open to inspection by a guardian ad
22litem or counsel for any party, upon demand and upon presentation of releases where
23necessary, at least 48 hours before the proceeding. Persons entitled to inspect the
24records may obtain copies of the records with the permission of the custodian of the
25records or with the permission of the court. The court may instruct counsel not to

1disclose specified items in the materials to the juvenile or the parent if the court
2reasonably believes that the disclosure would be harmful to the interests of the
3juvenile. Sections 971.23 to 971.25 and 972.11 (5) shall be applicable in all
4delinquency proceedings under this subchapter, except that the court shall establish
5the timetable for ss. 971.23 (3), (8) and (9) and 972.11 (5).
AB130,246,14 6(3) Upon request prior to the fact-finding hearing, the district attorney shall
7disclose to the juvenile, and to the juvenile's counsel or guardian ad litem, the
8existence of any videotaped oral statement of a juvenile under s. 908.08 which is
9within the possession, custody or control of the state and shall make reasonable
10arrangements for the requesting person to view the videotaped oral statement. If,
11subsequent to compliance with this subsection, the state obtains possession, custody
12or control of such a videotaped statement, the district attorney shall promptly notify
13the requesting person of that fact and make reasonable arrangements for the
14requesting person to view the videotaped oral statement.
AB130,247,8 15938.295 Physical, psychological, mental or developmental
16examination. (1)
After the filing of a petition and upon a finding by the court that
17reasonable cause exists to warrant an examination or an alcohol and other drug
18abuse assessment that conforms to the criteria specified under s. 938.547 (4), the
19court may order any juvenile coming within its jurisdiction to be examined as an
20outpatient by personnel in an approved treatment facility for alcohol and other drug
21abuse, by a physician, psychiatrist or licensed psychologist, or by another expert
22appointed by the court holding at least a master's degree in social work or another
23related field of child development, in order that the juvenile's physical, psychological,
24alcohol or other drug dependency, mental or developmental condition may be
25considered. The court may also order an examination or an alcohol and other drug

1abuse assessment that conforms to the criteria specified under s. 938.547 (4) of a
2parent, guardian or legal custodian whose ability to care for a juvenile is at issue
3before the court. The court shall hear any objections by the juvenile and the juvenile's
4parents, guardian or legal custodian to the request for such an examination or
5assessment before ordering the examination or assessment. The expenses of an
6examination, if approved by the court, shall be paid by the county of the court
7ordering the examination. The payment for an alcohol and other drug abuse
8assessment shall be in accordance with s. 938.361.
AB130,247,10 9(1c) Reasonable cause is considered to exist to warrant an alcohol and other
10drug abuse assessment under sub. (1) if any of the following applies:
AB130,247,1311 (a) The multidisciplinary screen procedure conducted under s. 938.24 (2)
12indicates that the juvenile is at risk of having needs and problems related to alcohol
13or other drug abuse.
AB130,247,1514 (b) The juvenile was adjudicated delinquent on the basis of an offense specified
15in ch. 161.
AB130,247,1916 (c) The greater weight of the evidence at the fact-finding hearing indicates that
17any offense which formed the basis for the adjudication was motivated by the
18juvenile's need to purchase or otherwise obtain alcohol beverages or controlled
19substances.
AB130,248,5 20(1g) If the court orders an alcohol or other drug abuse assessment under sub.
21(1), the approved treatment facility shall, within 14 days after the court order, report
22the results of the assessment to the court, except that, upon request by the approved
23treatment facility and if the juvenile is not held in secure or nonsecure custody, the
24court may extend the period for assessment for not more than 20 additional working
25days. The report shall include a recommendation as to whether the juvenile is in

1need of treatment, intervention or education relating to the use or abuse of alcohol
2beverages or controlled substances and, if so, shall recommend a service plan and
3appropriate treatment from an approved treatment facility, intervention from a
4court-approved pupil assistance program or education from a court-approved
5alcohol or other drug abuse education program.
AB130,248,15 6(2) (a) If there is probable cause to believe that the juvenile has committed the
7alleged offense and if there is reason to doubt the juvenile's competency to proceed,
8or upon entry of a plea under s. 938.30 (4) (c) the court shall order the juvenile to be
9examined by a psychiatrist or licensed psychologist. The expenses of an
10examination, if approved by the court, shall be paid by the county of the court
11ordering the examination. Evaluation shall be made on an outpatient basis unless
12the juvenile presents a substantial risk of physical harm to the juvenile or others; or
13the juvenile, parent or guardian, and legal counsel or guardian ad litem consent to
14an inpatient evaluation. Any inpatient evaluation shall be for a specified period that
15is no longer than is necessary to complete the evaluation.
AB130,249,1016 (b) The examiner shall file a report of the examination with the court by the
17date specified in the order. The court shall cause copies to be transmitted to the
18district attorney or corporation counsel and to the juvenile's counsel or guardian ad
19litem. The report shall describe the nature of the examination and identify the
20persons interviewed, the particular records reviewed and any tests administered to
21the juvenile. If the examination is ordered following a plea under s. 938.30 (4) (c),
22the report shall also contain an opinion regarding whether the juvenile suffered from
23mental disease or defect at the time of the commission of the act alleged in the
24petition and, if so, whether this caused the juvenile to lack substantial capacity to
25appreciate the wrongfulness of his or her conduct or to conform his or her conduct to

1the requirements of the law. If the examination is ordered following a finding that
2there is probable cause to believe that the juvenile has committed the alleged offense
3and that there is reason to doubt the juvenile's competency to proceed, the report
4shall also contain an opinion regarding the juvenile's present mental capacity to
5understand the proceedings and assist in his or her defense and, if the examiner
6reports that the juvenile lacks competency to proceed, the examiner's opinion
7regarding the likelihood that the juvenile, if provided treatment, may be restored to
8competency within the time specified in s. 938.30 (5) (e) 1. The report shall also state
9in reasonable detail the facts and reasoning upon which the examiner's opinions are
10based.
AB130,249,14 11(3) If the juvenile or a parent objects to a particular physician, psychiatrist,
12licensed psychologist or other expert as required under this section, the court shall
13appoint a different physician, psychiatrist, psychologist or other expert as required
14under this section.
AB130,249,15 15(4) Motions or objections under this section may be heard under s. 807.13.
AB130,249,17 16938.296 Testing for HIV infection and certain diseases. (1) In this
17section:
AB130,249,1818 (a) "Health care professional" has the meaning given in s. 252.15 (1) (am).
AB130,249,1919 (b) "HIV" has the meaning given in s. 252.01 (1m).
AB130,249,2020 (c) "Sexually transmitted disease" has the meaning given in s. 252.11 (1).
AB130,249,2121 (d) "Significantly exposed" has the meaning given in s. 252.15 (1) (em).
AB130,250,3 22(2) In a proceeding under s. 938.12 or 938.13 (12) in which the juvenile is
23alleged to have violated s. 940.225, 948.02, 948.025, 948.05 or 948.06, the district
24attorney or corporation counsel shall apply to the court for an order requiring the
25juvenile to submit to a test or a series of tests administered by a health care

1professional to detect the presence of HIV, antigen or nonantigenic products of HIV,
2an antibody to HIV or a sexually transmitted disease and to disclose the results of
3that test or series of tests as specified in sub. (4) (a) to (e), if all of the following apply:
AB130,250,64 (a) The victim or alleged victim, if an adult, or the parent, guardian or legal
5custodian of the victim or alleged victim, if the victim or alleged victim is a child,
6requests the district attorney or corporation counsel to apply for that order.
AB130,250,107 (b) The district attorney or corporation counsel has probable cause to believe
8that the juvenile has significantly exposed the victim or alleged victim. If the
9juvenile is adjudicated delinquent or found to be in need of protection or services, this
10paragraph does not apply.
AB130,250,12 11(3) The district attorney or corporation counsel may apply for an order under
12sub. (2) at any of the following times:
AB130,250,1313 (a) At or after the plea hearing and before a dispositional order is entered.
AB130,250,1514 (b) At any time after the juvenile is adjudicated delinquent or found to be in
15need of protection or services.
AB130,250,25 16(4) On receipt of an application for an order under sub. (2), the court shall set
17a time for a hearing on the application. If, after hearing, the court finds probable
18cause to believe that the juvenile has significantly exposed the victim or alleged
19victim, the court shall order the juvenile to submit to a test or a series of tests
20administered by a health care professional to detect the presence of HIV, antigen or
21nonantigenic products of HIV, an antibody to HIV or a sexually transmitted disease.
22The court shall require the health care professional who performs the test or series
23of tests to refrain, notwithstanding s. 252.15 (4) (c), from making the test results part
24of the juvenile's permanent medical record and to disclose the results of the test to
25any of the following:
AB130,251,1
1(a) The parent, guardian or legal custodian of the juvenile.
AB130,251,22 (b) The victim or alleged victim, if the victim or alleged victim is an adult.
AB130,251,43 (c) The parent, guardian or legal custodian of the victim or alleged victim, if the
4victim or alleged victim is a child.
AB130,251,65 (d) The health care professional that provides care for the juvenile, upon
6request by the parent, guardian or legal custodian of the juvenile.
AB130,251,107 (e) The health care professional that provides care for the victim or alleged
8victim, upon request by the victim or alleged victim or, if the victim or alleged victim
9is a child, upon request by the parent, guardian or legal custodian of the victim or
10alleged victim.
AB130,251,15 11(6) The court may order the county to pay for the cost of a test or series of tests
12ordered under sub. (4). This subsection does not prevent recovery of reasonable
13contribution toward the cost of that test or series of tests from the parent or guardian
14of the juvenile as the court may order based on the ability of the parent or guardian
15to pay. This subsection is subject to s. 46.03 (18).
AB130,251,17 16938.297 Motions before trial. (1) Any motion which is capable of
17determination without trial of the general issue may be made before trial.
AB130,251,23 18(2) Defenses and objections based on defects in the institution of proceedings,
19lack of probable cause on the face of the petition or citation, insufficiency of the
20petition or citation or invalidity in whole or in part of the statute on which the
21petition or citation is founded shall be raised not later than 10 days after the plea
22hearing or be deemed waived. Other motions capable of determination without trial
23may be brought any time before trial.
AB130,252,3 24(3) Motions to suppress evidence as having been illegally seized or statements
25illegally obtained shall be made before fact-finding on the issues. The court may

1entertain the motion at the fact-finding hearing if it appears that a party is surprised
2by the attempt to introduce such evidence and that party waives jeopardy. Only the
3juvenile may waive jeopardy in cases under s. 938.12, 938.125 or 938.13 (12).
AB130,252,8 4(4) Although the taking of a juvenile into custody is not an arrest, it shall be
5considered an arrest for the purpose of deciding motions which require a decision
6about the propriety of the taking into custody, including but not limited to motions
7to suppress evidence as illegally seized, motions to suppress statements as illegally
8obtained and motions challenging the lawfulness of the taking into custody.
AB130,252,12 9(5) If the juvenile is in custody and the court grants a motion to dismiss based
10upon a defect in the petition or citation or in the institution of the proceedings, the
11court may order the juvenile continued in custody for not more than 48 hours pending
12the filing of a new petition or citation.
AB130,252,14 13(6) A motion required to be served on a juvenile may be served upon his or her
14attorney of record.
AB130,252,16 15(7) Oral argument permitted on motions under this section may be heard by
16telephone under s. 807.13 (1).
AB130,253,2 17938.299 Procedures at hearings. (1) (a) Except as provided in par. (ar), the
18general public shall be excluded from hearings under this chapter unless a public
19fact-finding hearing is demanded by a juvenile through his or her counsel. The court
20shall refuse to grant the public hearing, however, if the victim of an alleged sexual
21assault objects or, in a nondelinquency proceeding, if a parent or guardian objects.
22If a public hearing is not held, only the parties, their counsel, witnesses, a
23representative of the news media who wishes to attend the hearing for the purpose
24of reporting news without revealing the identity of the child involved and other
25persons requested by a party and approved by the court may be present. Any other

1person the court finds to have a proper interest in the case or in the work of the court,
2including a member of the bar, may be admitted by the court.
AB130,253,103 (am) Subject to s. 906.15, if a public hearing is not held, in addition to persons
4permitted to attend under par. (a), a victim of a juvenile's act or alleged act may
5attend any hearing under this chapter based upon the act or alleged act, except that
6a judge may exclude a victim from any portion of a hearing which deals with sensitive
7personal matters of the juvenile or the juvenile's family and which does not directly
8relate to the act or alleged act committed against the victim. A member of the victim's
9family and, at the request of the victim, a representative of an organization providing
10support services to the victim, may attend the hearing under this subsection.
AB130,253,2411 (ar) Notwithstanding par. (a), the general public may attend any hearing under
12this chapter relating to a juvenile who has been alleged to be delinquent for
13committing a violation that would be a felony if committed by an adult if the juvenile
14has been adjudicated delinquent previously and that previous adjudication remains
15of record and unreversed or relating to a juvenile who has been alleged to be
16delinquent for committing a violation specified in s. 939.62 (2m) (a) 1., 2. or 3., except
17that the court shall exclude the general public from a hearing if the victim of a sexual
18assault objects and may, in its discretion, exclude the general public from any portion
19of a hearing which deals with sensitive personal matters of the juvenile or the
20juvenile's family and which does not relate to the act or alleged act committed by the
21juvenile or from any other hearing described in this paragraph. If the court excludes
22the general public from a hearing described in this paragraph, only those persons
23who are permitted under par. (a) or (am) to attend a hearing from which the general
24public is excluded may attend.
AB130,254,4
1(b) Except as provided in s. 938.396, any person who divulges any information
2which would identify the juvenile or the family involved in any proceeding under this
3subchapter is subject to ch. 785. This paragraph does not preclude a victim of the
4juvenile's act from commencing a civil action based upon the juvenile's act.
AB130,254,7 5(4) (a) Chapters 901 to 911 govern the presentation of evidence at the
6fact-finding hearing under s. 938.31. Section 972.11 (5) applies at fact-finding
7proceedings in all delinquency proceedings under this chapter.
AB130,254,218 (b) Except as provided in s. 901.05, neither common law nor statutory rules of
9evidence are binding at a waiver hearing under s. 938.18, a hearing for a juvenile
10held in custody under s. 938.21, a hearing under s. 938.296 (4) for a juvenile who is
11alleged to have violated s. 940.225, 948.02, 948.025, 948.05 or 948.06, a dispositional
12hearing, or a hearing about changes in placement, revision of dispositional orders or
13extension of dispositional orders. At those hearings, the court shall admit all
14testimony having reasonable probative value, but shall exclude immaterial,
15irrelevant or unduly repetitious testimony or evidence that is inadmissible under s.
16901.05. Hearsay evidence may be admitted if it has demonstrable circumstantial
17guarantees of trustworthiness. The court shall give effect to the rules of privilege
18recognized by law. The court shall apply the basic principles of relevancy, materiality
19and probative value to proof of all questions of fact. Objections to evidentiary offers
20and offers of proof of evidence not admitted may be made and shall be noted in the
21record.
AB130,255,2 22(5) On request of any party, unless good cause to the contrary is shown, any
23hearing under s. 938.209 (1) (e) or 938.21 (1) may be held on the record by telephone
24or live audio-visual means or testimony may be received by telephone or live
25audio-visual means as prescribed in s. 807.13 (2). The request and the showing of

1good cause for not conducting the hearing or admitting testimony by telephone or live
2audio-visual means may be made by telephone.
AB130,255,17 3(6) If a man who has been given notice under s. 938.27 (3) (b) 1. appears at any
4hearing for which he received the notice, alleges that he is the father of the juvenile
5and states that he wishes to establish the paternity of the juvenile, the court shall
6refer the matter to the state or to the attorney responsible for support enforcement
7under s. 59.458 (1) for a determination, under s. 767.45, of whether an action should
8be brought for the purpose of determining the paternity of the juvenile. The court
9may stay the proceedings under this chapter pending the outcome of the paternity
10proceedings under ss. 767.45 to 767.60 if the court determines that the paternity
11proceedings will not unduly delay the proceedings under this chapter and the
12determination of paternity is necessary to the court's disposition of the juvenile if the
13juvenile is found to be in need of protection or services. As part of the proceedings
14under this chapter, the court may order that a record be made of any testimony of the
15juvenile's mother relating to the juvenile's paternity. A record made under this
16subsection is admissible in a proceeding to determine the juvenile's paternity under
17ss. 767.45 to 767.60.
AB130,256,4 18938.30 Plea hearing. (1) Except as provided in this subsection, the hearing
19to determine the juvenile's plea to a citation or a petition under s. 938.12, 938.125
20or 938.13 (12), or to determine whether any party wishes to contest an allegation that
21the child is in need of protection or services under s. 938.13 (4), (6), (6m), (7) or (14)
22shall take place on a date which allows reasonable time for the parties to prepare but
23is within 30 days after the filing of a petition or issuance of a citation for a juvenile
24who is not being held in secure custody or within 10 days after the filing of a petition
25or issuance of a citation for a juvenile who is being held in secure custody. In a

1municipal court operated jointly by 2 or more cities, towns or villages under s. 755.01
2(4), the hearing to determine the juvenile's plea shall take place within 45 days after
3the filing of a petition or issuance of a citation for a juvenile who is not being held in
4secure custody.
AB130,256,11 5(2) At or before the commencement of the hearing under this section the
6juvenile and the parent, guardian or legal custodian shall be advised of their rights
7as specified in s. 938.243 and shall be informed that the hearing shall be to the court
8and that a request for a substitution of judge under s. 938.29 must be made before
9the end of the plea hearing or be waived. Nonpetitioning parties, including the
10juvenile, shall be granted a continuance of the plea hearing if they wish to consult
11with an attorney on the request for a substitution of a judge.
AB130,256,15 12(3) If a petition alleges that a juvenile is in need of protection or services under
13s. 938.13 (4), (6), (6m), (7) or (14), the nonpetitioning parties and the juvenile, if he
14or she is 12 years of age or older or is otherwise competent to do so, shall state
15whether they desire to contest the petition.
AB130,256,19 16(4) If a delinquency petition under s. 938.12, a civil law or ordinance violation
17petition or citation under s. 938.125, or a petition alleging that the juvenile is in need
18of protection or services under s. 938.13 (12) is filed, the juvenile may submit any of
19the following pleas:
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