AB130-engrossed,44,1210 48.20 (2) (ag) Except as provided in pars. (b) to (g) (d), a person taking a child
11into custody shall make every effort to release the child immediately to the child's
12parent, guardian or legal custodian.
AB130-engrossed, s. 126 13Section 126. 48.20 (2) (cm) of the statutes, as created by 1993 Wisconsin Act
14385
, is repealed.
AB130-engrossed, s. 127 15Section 127. 48.20 (2) (e) of the statutes is repealed.
AB130-engrossed, s. 128 16Section 128. 48.20 (2) (f) of the statutes is repealed.
AB130-engrossed, s. 129 17Section 129. 48.20 (2) (g) of the statutes is repealed.
AB130-engrossed, s. 130 18Section 130. 48.20 (3) of the statutes is amended to read:
AB130-engrossed,45,419 48.20 (3) If the child is released under sub. (2) (b) to (d) or (g), the person who
20took the child into custody shall immediately notify the child's parent, guardian and
21legal custodian of the time and circumstances of the release and the person, if any,
22to whom the child was released. If the child is not released under sub. (2), the person
23who took the child into custody shall arrange in a manner determined by the court
24and law enforcement agencies for the child to be interviewed by the intake worker
25under s. 48.067 (2), and shall make a statement in writing with supporting facts of

1the reasons why the child was taken into physical custody and shall give any child
212 years of age or older a copy of the statement in addition to giving a copy to the
3intake worker. When the intake interview is not done in person, the report may be
4read to the intake worker.
AB130-engrossed, s. 131 5Section 131. 48.20 (7) (a) of the statutes is amended to read:
AB130-engrossed,45,106 48.20 (7) (a) When a child is interviewed by an intake worker, the intake worker
7shall inform any child possibly involved in a delinquent act of his or her right to
8counsel and the right against self-incrimination. If the child
who is alleged to be in
9need of protection or services and who is 12 years of age or older, the intake worker
10shall inform the child
of his or her right to counsel.
AB130-engrossed, s. 132 11Section 132. 48.20 (7) (c) 1m. of the statutes, as created by 1993 Wisconsin Act
12385
, is repealed.
AB130-engrossed, s. 133 13Section 133. 48.20 (8) of the statutes, as affected by 1993 Wisconsin Act 385,
14is amended to read:
AB130-engrossed,46,815 48.20 (8) If a child is held in custody, the intake worker shall notify the child's
16parent, guardian and legal custodian of the reasons for holding the child in custody
17and of the child's whereabouts unless there is reason to believe that notice would
18present imminent danger to the child. If a child who has violated the terms of
19aftercare supervision administered by the department or a county department is
20held in custody, the intake worker shall also notify the department or county
21department, whichever has supervision over the child, of the reasons for holding the
22child in custody, of the child's whereabouts and of the time and place of the detention
23hearing required under s. 48.21. The parent, guardian and legal custodian shall also
24be notified of the time and place of the detention hearing required under s. 48.21, the
25nature and possible consequences of that hearing, the right to counsel under s. 48.23

1regardless of ability to pay, and the right to present and cross-examine witnesses at
2the hearing. If the parent, guardian or legal custodian is not immediately available,
3the intake worker or another person designated by the court shall provide notice as
4soon as possible. When the child is alleged to be in need of protection or services and
5is 12 years of age or older, or is alleged to have committed a delinquent act, the child
6shall receive the same notice about the detention hearing as the parent, guardian or
7legal custodian. The intake worker shall notify both the child and the child's parent,
8guardian or legal custodian.
AB130-engrossed, s. 134 9Section 134. 48.205 (1) (a) of the statutes is amended to read:
AB130-engrossed,46,1210 48.205 (1) (a) Probable cause exists to believe that if the child is not held he or
11she will commit injury to the person or property of others or cause injury to himself
12or herself or be subject to injury by others;
AB130-engrossed, s. 135m 13Section 135m. 48.205 (1) (c) of the statutes, as affected by 1993 Wisconsin Act
14377
, is amended to read:
AB130-engrossed,46,1915 48.205 (1) (c) Probable cause exists to believe that the child will run away or
16be taken away so as to be unavailable for proceedings of the court or its officers or
17proceedings of the division of hearings and appeals in the department of
18administration for revocation of aftercare, or corrective sanctions or youthful
19offender
supervision.
AB130-engrossed, s. 135p 20Section 135p. 48.205 (1) (c) of the statutes, as affected by 1993 Wisconsin Act
21377
and 1995 Wisconsin Act .... (this act), is repealed and recreated to read:
AB130-engrossed,46,2322 48.205 (1) (c) Probable cause exists to believe that the child will run away or
23be taken away so as to be unavailable for proceedings of the court or its officers.
AB130-engrossed, s. 135r 24Section 135r. 48.208 (1) of the statutes, as affected by 1993 Wisconsin Acts 377
25and 385, is amended to read:
AB130-engrossed,47,8
148.208 (1) Probable cause exists to believe that the child has committed a
2delinquent act and either presents a substantial risk of physical harm to another
3person or a substantial risk of running away as evidenced by a previous act or
4attempt so as to be unavailable for a court hearing or a revocation hearing for
5children on aftercare, or corrective sanctions or youthful offender supervision. For
6children on aftercare, or corrective sanctions or youthful offender supervision, the
7delinquent act referred to in this section may be the act for which the child was placed
8in a secured correctional facility.
AB130-engrossed, s. 136 9Section 136. 48.208 (1) of the statutes, as affected by 1993 Wisconsin Acts 377
10and 385 and 1995 Wisconsin Act .... (this act), is repealed.
AB130-engrossed, s. 137 11Section 137. 48.208 (2) of the statutes is repealed.
AB130-engrossed, s. 138 12Section 138. 48.208 (5) of the statutes is repealed.
AB130-engrossed, s. 139 13Section 139. 48.209 (3) of the statutes is repealed.
AB130-engrossed, s. 140 14Section 140. 48.21 (1) (a) of the statutes is amended to read:
AB130-engrossed,48,215 48.21 (1) (a) If a child who has been taken into custody is not released under
16s. 48.20, a hearing to determine whether the child shall continue to be held in custody
17under the criteria of ss. 48.205 to 48.209 shall be conducted by the judge or juvenile
18court commissioner within 24 hours of the time the decision to hold the child was
19made, excluding Saturdays, Sundays and legal holidays. By the time of the hearing
20a petition under s. 48.25 shall be filed, except that no petition need be filed where a
21child is taken into custody under s. 48.19 (1) (b) or (d) 2., 6. or 7. or where the child
22is a runaway from another state, in which case a written statement of the reasons
23for holding a child in custody shall be substituted if the petition is not filed. If no
24hearing has been held within 24 hours or if no petition or statement has been filed

1at the time of the hearing, the child shall be released except as provided in par. (b).
2A parent not present at the hearing shall be granted a rehearing upon request.
AB130-engrossed, s. 141 3Section 141. 48.21 (2) of the statutes is repealed.
AB130-engrossed, s. 142 4Section 142. 48.21 (3) (intro.) of the statutes is amended to read:
AB130-engrossed,48,85 48.21 (3)Proceedings concerning children in need of protection or
6services.
(intro.) Proceedings concerning a child who comes within the jurisdiction
7of the court under s. 48.13 (1) to (5) or (8) to (11) shall be conducted according to this
8subsection.
AB130-engrossed, s. 143 9Section 143. 48.21 (4m) of the statutes is repealed.
AB130-engrossed, s. 144 10Section 144. 48.22 of the statutes, as affected by 1993 Wisconsin Act 377, is
11repealed.
AB130-engrossed, s. 145 12Section 145. 48.225 of the statutes is repealed.
AB130-engrossed, s. 146 13Section 146. 48.227 (4) (b) of the statutes is amended to read:
AB130-engrossed,48,1614 48.227 (4) (b) If, in addition to jurisdiction under par. (c), the court has
15jurisdiction over the child under ss. 48.12 48.13 to 48.14, excluding s. 48.14 (8), or
16under ss. 938.12 to 938.14,
a hearing may be held under s. 48.21 or 938.21.
AB130-engrossed, s. 147 17Section 147. 48.227 (4) (e) 2. of the statutes is amended to read:
AB130-engrossed,49,518 48.227 (4) (e) 2. That, with the consent of the child and the runaway home, the
19child remain in the care of the runaway home for a period of not more than 20 days.
20Without further proceedings, the child shall be released whenever the child
21indicates, either by statement or conduct, that he or she wishes to leave the home or
22whenever the runaway home withdraws its consent. During this time period not to
23exceed 20 days ordered by the court, the child's parent, guardian or legal custodian
24may not remove the child from the home but may confer with the child or with the
25person operating the home. If, at the conclusion of the time period ordered by the

1court the child has not left the home, and no petition concerning the child has been
2filed under s. 48.12 or 48.13, 938.12 or 938.13, the child shall be released from the
3home. If a petition concerning the child has been filed under s. 48.12 or 48.13, 938.12
4or 938.13
, the child may be held in temporary physical custody under ss. 48.20 to
548.21 or 938.20 to 938.21.
AB130-engrossed, s. 148m 6Section 148m. 48.23 (1) (a) of the statutes, as affected by 1993 Wisconsin Acts
7377, 385 and 491, is amended to read:
AB130-engrossed,49,148 48.23 (1) (a) Any child alleged to be delinquent under s. 48.12 or held in a secure
9detention facility shall be represented by counsel at all stages of the proceedings, but
10a child 15 years of age or older may waive counsel if the court is satisfied that the
11waiver is knowingly and voluntarily made and the court accepts the waiver. If the
12waiver is accepted, the court may not place the child in a secured correctional facility,
13transfer legal custody of the child to the department of corrections for participation
14in the youthful offender program
or transfer jurisdiction over the child to adult court.
AB130-engrossed, s. 148p 15Section 148p. 48.23 (1) (a) of the statutes, as affected by 1993 Wisconsin Acts
16377, 385 and 491 and 1995 Wisconsin Act .... (this act), is repealed and recreated to
17read:
AB130-engrossed,49,2118 48.23 (1) (a) Any child held in a secure detention facility shall be represented
19by counsel at all stages of the proceedings, but a child 15 years of age or older may
20waive counsel if the court is satisfied that the waiver is knowingly and voluntarily
21made and the court accepts the waiver.
AB130-engrossed, s. 149 22Section 149. 48.23 (1) (am) of the statutes is repealed.
AB130-engrossed, s. 150 23Section 150. 48.23 (2m) of the statutes is repealed.
AB130-engrossed, s. 150d 24Section 150d. 48.23 (4) of the statutes is amended to read:
AB130-engrossed,50,21
148.23 (4) Providing counsel. In any situation under this section in which a
2person has a right to be represented by counsel or is provided counsel at the
3discretion of the court and counsel is not knowingly and voluntarily waived, the court
4shall refer the person to the state public defender and counsel shall be appointed by
5the state public defender under s. 977.08 without a determination of indigency. If the
6referral is of a person who has filed a petition under s. 48.375 (7), the state public
7defender shall appoint counsel within 24 hours after that referral. Any counsel
8appointed in a petition filed under s. 48.375 (7) shall continue to represent the child
9in any appeal brought under s. 809.105 unless the child requests substitution of
10counsel or extenuating circumstances make it impossible for counsel to continue to
11represent the child. In any situation under sub. (2) in which a parent 18 years of age
12or older is entitled to representation by counsel; counsel is not knowingly and
13voluntarily waived; and it appears that the parent is unable to afford counsel in full,
14or the parent so indicates; the court shall refer the parent to the authority for
15indigency determinations specified under s. 977.07 (1). In any other situation under
16this section in which a person has a right to be represented by counsel or is provided
17counsel at the discretion of the court, competent and independent counsel shall be
18provided and reimbursed in any manner suitable to the court regardless of the
19person's ability to pay, except that the court may not order a person who files a
20petition under s. 813.122 or 813.125 to reimburse counsel for the child who is named
21as the respondent in that petition
.
AB130-engrossed, s. 151 22Section 151. 48.237 of the statutes is repealed.
AB130-engrossed, s. 152 23Section 152. 48.24 (1) of the statutes is amended to read:
AB130-engrossed,51,524 48.24 (1) Except where a citation has been issued under s. 48.17 (2),
25information
Information indicating that a child should be referred to the court as

1delinquent, in need of protection or services or in violation of a civil law or a county,
2town or municipal ordinance
shall be referred to the intake worker, who shall
3conduct an intake inquiry on behalf of the court to determine whether the available
4facts establish prima facie jurisdiction and to determine the best interests of the child
5and of the public with regard to any action to be taken.
AB130-engrossed, s. 153 6Section 153. 48.24 (2m) (a) 1. of the statutes is repealed.
AB130-engrossed, s. 154 7Section 154. 48.24 (2m) (a) 2. of the statutes is amended to read:
AB130-engrossed,51,118 48.24 (2m) (a) 2. Any child alleged to be delinquent or in need of protection and
9services who has at least 2 prior adjudications for a violation of s. 125.07 (4) (a) or
10(b), 125.085 (3) (b) or 125.09 (2) or a local ordinance that strictly conforms to any of
11those sections.
AB130-engrossed, s. 155 12Section 155. 48.24 (2m) (a) 3. of the statutes is repealed.
AB130-engrossed, s. 156 13Section 156. 48.24 (5) of the statutes is amended to read:
AB130-engrossed,52,614 48.24 (5) The intake worker shall recommend that a petition be filed, enter into
15an informal disposition or close the case within 40 days or sooner of receipt of referral
16information. If the case is closed or an informal disposition is entered into, the
17district attorney, corporation counsel or other official under s. 48.09 shall receive
18written notice of such action. A notice of informal disposition of an alleged
19delinquency case shall include a summary of facts surrounding the allegation and
20a list of prior intake referrals and dispositions.
If a law enforcement officer has made
21a recommendation concerning the child, the intake worker shall forward this
22recommendation to the district attorney, corporation counsel or other official under
23s. 48.09. With respect to petitioning a child to be in need of protection or services,
24information received more than 40 days before filing the petition may be included to
25establish a condition or pattern which, together with information received within the

140-day period, provides a basis for conferring jurisdiction on the court.
2Notwithstanding the requirements of this section, the district attorney may initiate
3a delinquency petition under s. 48.25 within 20 days after notice that the case has
4been closed or that an informal disposition has been made.
The judge shall dismiss
5with prejudice any such petition which is not referred or filed within the time limits
6specified within this subsection.
AB130-engrossed, s. 157 7Section 157. 48.24 (7) of the statutes is repealed.
AB130-engrossed, s. 158 8Section 158. 48.243 (1) (intro.) of the statutes is amended to read:
AB130-engrossed,52,139 48.243 (1) (intro.) Before conferring with the parent or child during the intake
10inquiry, the intake worker shall personally inform a child alleged to have committed
11a delinquent act, and
parents and children 12 years of age or older who are the focus
12of an inquiry regarding the need for protection or services, that the referral may
13result in a petition to the court and:
AB130-engrossed, s. 159 14Section 159. 48.243 (1) (b) of the statutes is amended to read:
AB130-engrossed,52,1615 48.243 (1) (b) The nature and possible consequences of the proceedings
16including the provisions of ss. 48.17, 48.18 and 48.366 if applicable;
AB130-engrossed, s. 160 17Section 160. 48.243 (1) (c) of the statutes is amended to read:
AB130-engrossed,52,2118 48.243 (1) (c) The right to remain silent and the fact that in a delinquency
19proceeding the silence of the child shall not be adversely considered by the court or
20jury, although
silence of any party may be relevant in any nondelinquency
21proceeding
;
AB130-engrossed, s. 161 22Section 161. 48.243 (1) (h) of the statutes is amended to read:
AB130-engrossed,53,223 48.243 (1) (h) The right to have the allegations of the petition proved by clear
24and convincing evidence unless the child comes within the court's jurisdiction under

1s. 48.12 or 48.13 (12), in which case the standard of proof shall be beyond a reasonable
2doubt
.
AB130-engrossed, s. 162 3Section 162. 48.243 (1m) of the statutes is repealed.
AB130-engrossed, s. 163 4Section 163. 48.245 (1) of the statutes is amended to read:
AB130-engrossed,53,115 48.245 (1) The intake worker may enter into a written agreement with all
6parties which imposes informal disposition under this section if the intake worker
7has determined that neither the interests of the child nor of the public require filing
8of a petition for circumstances relating to ss. 48.12 48.13 to 48.14. Informal
9disposition shall be available only if the facts persuade the intake worker that the
10jurisdiction of the court, if sought, would exist and upon consent of the child, parent,
11guardian and legal custodian.
AB130-engrossed, s. 164 12Section 164. 48.245 (2) (a) 5. of the statutes is repealed.
AB130-engrossed, s. 165 13Section 165. 48.245 (2) (a) 6. of the statutes is repealed.
AB130-engrossed, s. 166 14Section 166. 48.245 (2) (a) 7. of the statutes is repealed.
AB130-engrossed, s. 167 15Section 167. 48.245 (2) (b) of the statutes is amended to read:
AB130-engrossed,53,1716 48.245 (2) (b) Informal disposition may not include any form of residential
17placement and may not exceed 6 months, except as provided under sub. (2m).
AB130-engrossed, s. 168 18Section 168. 48.245 (2m) of the statutes is repealed.
AB130-engrossed, s. 169 19Section 169. 48.245 (6) of the statutes is repealed.
AB130-engrossed, s. 170 20Section 170. 48.245 (7) of the statutes is amended to read:
AB130-engrossed,54,521 48.245 (7) If at any time during the period of informal disposition the intake
22worker determines that the obligations imposed under it are not being met, the
23intake worker may cancel the informal disposition. Within 10 days after the
24cancellation of the informal disposition, the intake worker shall notify the district
25attorney, corporation counsel or other official under s. 48.09 of the cancellation and

1recommend whether or not a petition should be filed. In delinquency cases, the
2district attorney may initiate a petition within 20 days after the date of the notice
3regardless of whether the intake worker has recommended that a petition be filed.

4The judge shall dismiss with prejudice any petition which is not filed within the time
5limit specified in this subsection.
AB130-engrossed, s. 171 6Section 171. 48.245 (8) of the statutes is amended to read:
AB130-engrossed,54,117 48.245 (8) If the obligations imposed under the informal disposition are met,
8the intake worker shall so inform the child and a parent, guardian and legal
9custodian in writing, and no petition may be filed or citation issued on the charges
10that brought about the informal disposition nor may the charges be the sole basis for
11a petition under ss. 48.13 to 48.14.
AB130-engrossed, s. 172 12Section 172. 48.25 (1) of the statutes is amended to read:
AB130-engrossed,54,2213 48.25 (1) A petition initiating proceedings under this chapter shall be signed
14by a person who has knowledge of the facts alleged or is informed of them and
15believes them to be true. If a petition under s. 48.12 is to be filed, it shall be prepared,
16signed and filed by the district attorney.
The district attorney, city attorney or
17corporation counsel or other appropriate official specified under s. 48.09 may file the
18petition if the proceeding is under s. 48.125 or 48.13. The counsel or guardian ad
19litem for a parent, relative, guardian or child may file a petition under s. 48.13 or
2048.14. The district attorney, corporation counsel or other appropriate person
21designated by the court may initiate proceedings under s. 48.14 in a manner specified
22by the court.
AB130-engrossed, s. 173 23Section 173. 48.25 (2) (a) of the statutes is renumbered 48.25 (2) and amended
24to read:
AB130-engrossed,55,19
148.25 (2) If the proceeding is brought under s. 48.12, 48.125 or 48.13, the
2district attorney, corporation counsel or other appropriate official shall file the
3petition, close the case, or refer the case back to intake within 20 days after the date
4that the intake worker's recommendation was filed. A referral back to intake may
5be made only when the district attorney, corporation counsel or other appropriate
6official decides not to file a petition or determines that further investigation is
7necessary. If the case is referred back to intake upon a decision not to file a petition,
8the intake worker shall close the case or enter into an informal disposition within 20
9days. If the case is referred back to intake for further investigation, the appropriate
10agency or person shall complete the investigation within 20 days. If another referral
11is made to the district attorney, corporation counsel or other appropriate official, it
12shall be considered a new referral to which the time limits of this subsection shall
13apply. The time limits in this subsection may only be extended by a judge upon a
14showing of good cause under s. 48.315. If a petition is not filed within the time
15limitations set forth in this subsection and the court has not granted an extension,
16the petition shall be accompanied by a statement of reasons for the delay. The court
17shall dismiss with prejudice a petition which was not timely filed unless the court
18finds at the plea hearing that good cause has been shown for failure to meet the time
19limitations.
AB130-engrossed, s. 174 20Section 174. 48.25 (2) (b) of the statutes is repealed.
AB130-engrossed, s. 175 21Section 175. 48.25 (3) of the statutes is amended to read:
AB130-engrossed,56,222 48.25 (3) If the district attorney, city attorney or corporation counsel or other
23appropriate official specified in s. 48.09 refuses to file a petition, any person may
24request the judge to order that the petition be filed and a hearing shall be held on the

1request. The judge may order the filing of the petition on his or her own motion. The
2matter may not be heard by the judge who orders the filing of a petition.
AB130-engrossed, s. 176 3Section 176. 48.25 (4) of the statutes is repealed.
AB130-engrossed, s. 177 4Section 177. 48.25 (5) of the statutes is repealed.
AB130-engrossed, s. 177m 5Section 177m. 48.255 (1) (intro.) of the statutes is amended to read:
AB130-engrossed,56,116 48.255 (1) (intro.) A petition initiating proceedings under this chapter, other
7than a petition initiating proceedings under s. 48.12 or 48.13 (12),
shall be entitled,
8"In the interest of (child's name), a person under the age of 18", and. A petition
9initiating proceedings under s. 48.12 or 48.13 (12) shall be entitled, "In the interest
10of (child's name), a person under the age of 17". A petition initiating proceedings
11under this chapter
shall set forth with specificity:
AB130-engrossed, s. 177p 12Section 177p. 48.255 (1) (intro.) of the statutes, as affected by 1995 Wisconsin
13Act .... (this act), is repealed and recreated to read:
AB130-engrossed,56,1614 48.255 (1) (intro.) A petition initiating proceedings under this chapter shall be
15entitled, "In the interest of (child's name), a person under the age of 18", and shall
16set forth with specificity:
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