AB130: Bill Text Engrossed

AB130-engrossed,184,20 938.06 Services for court. (1) Counties with a population of 500,000 or more. (a) 1. In counties with a population of 500,000 or more, the county board of supervisors shall provide the court with the services necessary for investigating and supervising cases by operating a children's court center under the supervision of a director who is appointed as provided in s. 46.21 (1m) (a). The director is the chief administrative officer of the center and of the intake and probation sections and secure detention facilities of the center except as otherwise provided in this subsection. The director is charged with administration of the personnel and services of the sections and of the secure detention facilities, and is responsible for supervising both the operation of the physical plant and the maintenance and improvement of the buildings and grounds of the center. The center shall include investigative services for all juveniles alleged to be in need of protection or services to be provided by the county department, and the services of an assistant district attorney or assistant corporation counsel or both, who shall be assigned to the center to provide investigative as well as legal work in the cases.

AB130-engrossed,185,2 2. The chief judge of the judicial administrative district shall formulate written judicial policy governing intake and court services for juvenile matters and the director shall be charged with executing the judicial policy. The chief judge shall direct and supervise the work of all personnel of the court, except the work of the district attorney or corporation counsel assigned to the court. The chief judge may delegate his or her supervisory functions under s. 938.065 (1).

AB130-engrossed,185,24 3. The county board of supervisors shall develop policies and establish necessary rules for the management and administration of the nonjudicial operations of the children's court center. The director of the center shall report and is responsible to the director of the county department for the execution of all nonjudicial operational policies and rules governing the center, including activities of probation officers whenever they are not performing services for the court. The director of the center is also responsible for the preparation and submission to the county board of supervisors of the annual budget for the center except for the judicial functions or responsibilities which are delegated by law to the judge or judges and clerk of circuit court. The county board of supervisors shall make provision in the organization of the office of director for the devolution of the director's authority in the case of temporary absence, illness, disability to act or a vacancy in position and shall establish the general qualifications for the position. The county board of supervisors also has the authority to investigate, arbitrate and resolve any conflict in the administration of the center as between judicial and nonjudicial operational policy and rules. The county board of supervisors does not have authority and may not assert jurisdiction over the disposition of any case or juvenile after a written order is made under s. 938.21 or if a petition is filed under s. 938.25. All personnel of the intake and probation sections and of the secure detention facilities shall be appointed under civil service by the director except that existing court service personnel having permanent civil service status may be reassigned to any of the respective sections within the center specified in this paragraph.

AB130-engrossed,186,6 (am) 1. All intake workers beginning employment after May 15, 1980, shall have the qualifications required to perform entry level social work in a county department and shall have successfully completed 30 hours of intake training approved or provided by the department prior to the completion of the first 6 months of employment in the position. The department shall monitor compliance with this subdivision according to rules promulgated by the department.

AB130-engrossed,186,8 2. The department shall make training programs available annually that permit intake workers to satisfy the requirements specified under subd. 1.

AB130-engrossed,186,12 (b) Notwithstanding par. (a), the county board of supervisors may institute changes in the administration of services to the children's court center in order to qualify for the maximum amount of federal and state aid as provided in sub. (4) and s. 49.52.

AB130-engrossed,186,23 (2) Counties with a population under 500,000. (a) In counties having less than 500,000 population, the county board of supervisors shall authorize the county department or court or both to provide intake services required by s. 938.067 and the staff needed to carry out the objectives and provisions of this chapter under s. 938.069. Intake services shall be provided by employes of the court or county department and may not be subcontracted to other individuals or agencies, except as provided in par. (am). Intake workers shall be governed in their intake work, including their responsibilities for recommending the filing of a petition and entering into a deferred prosecution agreement, by general written policies which shall be formulated by the circuit judges for the county, subject to the approval of the chief judge of the judicial administrative district.

AB130-engrossed,187,3 (am) 1. Notwithstanding par. (a), any county which had intake services subcontracted from the county sheriff's department on April 1, 1980, may continue to subcontract intake services from the county sheriff's department.

AB130-engrossed,187,12 2. Notwithstanding par. (a), any county in which the county sheriff's department operates a secure detention facility may subcontract intake services from the county sheriff's department as provided in this subdivision. If a county subcontracts intake services from the county sheriff's department, employes of the county sheriff's department who staff the secure detention facility may make secure custody determinations under s. 938.208 between the hours of 6 p.m. and 6 a.m. and any determination under s. 938.208 made by an employe of the county sheriff's department shall be reviewed by an intake worker employed by the court or county department within 24 hours after that determination is made.

AB130-engrossed,187,21 (b) 1. All intake workers beginning employment after May 15, 1980, excluding county sheriff's department employes who provide intake services under par. (am) 2., shall have the qualifications required to perform entry level social work in a county department. All intake workers beginning employment after May 15, 1980, including county sheriff's department employes who provide intake services under par. (am) 2., shall have successfully completed 30 hours of intake training approved or provided by the department prior to the completion of the first 6 months of employment in the position. The department shall monitor compliance with this subdivision according to rules promulgated by the department.

AB130-engrossed,187,23 2. The department shall make training programs available annually that permit intake workers to satisfy the requirements specified under subd. 1.

AB130-engrossed,188,2 (3) Intake services. The court or county department responsible for providing intake services under s. 938.067 shall specify one or more persons to provide intake services. If there is more than one such worker, one of the workers shall be designated as chief worker and shall supervise other workers.

AB130-engrossed,188,10 (4) State aid. State aid to any county for juvenile delinquency-related court services under this section shall be at the same net effective rate that each county is reimbursed for county administration under s. 49.52, except as provided in s. 46.26. Counties having a population of less than 500,000 may use funds received under ss. 46.26 and 49.52 (1) (d), including county or federal revenue sharing funds allocated to match funds received under s. 49.52 (1) (d), for the cost of providing court attached intake services in amounts not to exceed 50% of the cost of providing court attached intake services or $30,000 per county per calendar year, whichever is less.

AB130-engrossed,188,17 (5) Short-term detention as a disposition. The county board of supervisors of any county may, by resolution, authorize the court to use placement in a secure detention facility or juvenile portion of the county jail as a disposition under s. 938.34 (3) (f) or to use commitment to a county department under s. 51.42 or 51.437 for special treatment or care in an inpatient facility, as defined in s. 51.01 (10), as a disposition under s. 938.34 (6) (am). The use by the court of those dispositions is subject to any resolution adopted under this subsection.

AB130-engrossed,189,2 938.065 Juvenile court commissioners. (1) The board of supervisors of any county may authorize the chief judge of the judicial administrative district to appoint one or more part-time or full-time juvenile court commissioners who shall serve at the discretion of the chief judge. A juvenile court commissioner shall be licensed to practice law in this state and shall have been so licensed for at least 2 years immediately prior to appointment and shall have a demonstrated interest in the welfare of juveniles. The chief judge may assign law clerks, bailiffs and deputies to the court commissioner. The chief judge shall supervise juvenile court commissioners, law clerks, bailiffs and deputies, except that the chief judge may delegate any of those duties.

AB130-engrossed,189,4 (2) Under this chapter a juvenile court commissioner appointed under s. 48.065, if authorized to do so by a judge, may do any of the following:

AB130-engrossed,189,5 (a) Issue summonses.

AB130-engrossed,189,7 (b) Conduct hearings under s. 938.21 and thereafter order a juvenile held in or released from custody.

AB130-engrossed,189,8 (d) Conduct plea hearings.

AB130-engrossed,189,9 (dm) Issue orders requiring compliance with deferred prosecution agreements.

AB130-engrossed,189,10 (e) Enter into consent decrees.

AB130-engrossed,189,11 (f) Conduct prehearing conferences.

AB130-engrossed,189,12 (g) Conduct all proceedings on petitions or citations under s. 938.125.

AB130-engrossed,189,13 (gm) Conduct uncontested proceedings under s. 938.12, 938.13 or 938.18.

AB130-engrossed,189,15 (h) Perform such other duties, not in conflict with this chapter, as the judge may direct.

AB130-engrossed,189,16 (3) The juvenile court commissioner may not do any of the following:

AB130-engrossed,189,17 (a) Conduct waiver hearings under s. 938.18 except as provided in sub. (2) (g).

AB130-engrossed,189,19 (b) Conduct fact-finding or dispositional hearings except petitions or citations under s. 938.125 and except as provided in sub. (2) (gm).

AB130-engrossed,189,22 (c) Make dispositions other than ordering compliance with deferred prosecution agreements and approving consent decrees and other than dispositions in uncontested proceedings under s. 938.12 or 938.13.

AB130-engrossed,189,25 (e) Make changes in placements of juveniles, or revisions or extensions of dispositional orders, except pursuant to petitions or citations under s. 938.125 and except in uncontested proceedings under s. 938.12 or 938.13.

AB130-engrossed,190,1 (f) Make any dispositional order under s. 938.34 (4h) or (4m).

AB130-engrossed,190,5 (4) When acting officially, the juvenile court commissioner shall sit at the courthouse or the usual court facility for juvenile delinquency matters. Any decision of the juvenile court commissioner shall be reviewed by the judge upon the request of any interested party.

AB130-engrossed,190,8 938.067 Powers and duties of intake workers. To carry out the objectives and provisions of this chapter but subject to its limitations, intake workers shall do all of the following:

AB130-engrossed,190,10 (1) Provide intake services 24 hours a day, 7 days a week, for the purpose of screening juveniles taken into custody and not released under s. 938.20 (2).

AB130-engrossed,190,22 (2) Interview, unless impossible, any juvenile who is taken into physical custody and not released, and where appropriate interview other available concerned parties. If the juvenile cannot be interviewed, the intake worker shall consult with the juvenile's parent or a responsible adult. No juvenile may be placed in a secure detention facility unless the juvenile has been interviewed in person by an intake worker, except that if the intake worker is in a place which is distant from the place where the juvenile is or the hour is unreasonable, as defined by written court intake rules, and if the juvenile meets the criteria under s. 938.208, the intake worker, after consulting by telephone with the law enforcement officer who took the juvenile into custody, may authorize the secure holding of the juvenile while the intake worker is en route to the in-person interview or until 8 a.m. of the morning after the night on which the juvenile was taken into custody.

AB130-engrossed,190,24 (3) Determine whether the juvenile shall be held under s. 938.205 and such policies as the judge shall promulgate under s. 938.06 (1) or (2).

AB130-engrossed,190,25 (4) If the juvenile is not released, determine where the juvenile shall be held.

AB130-engrossed,191,2 (5) Provide crisis counseling during the intake process when such counseling appears to be necessary.

AB130-engrossed,191,5 (6) Receive referral information, conduct intake inquiries, make recommendations as to whether a petition should be filed, and enter into deferred prosecution agreements under policies promulgated under s. 938.06 (1) or (2).

AB130-engrossed,191,7 (6m) Conduct the multidisciplinary screen in counties that have a pilot program under s. 938.547.

AB130-engrossed,191,9 (7) Make referrals of cases to other agencies if their assistance appears to be needed or desirable.

AB130-engrossed,191,11 (8) Make interim recommendations to the court concerning juveniles awaiting final disposition under s. 938.355.

AB130-engrossed,191,14 (9) Perform any other functions ordered by the court, and assist the court or chief judge of the judicial administrative district in developing written policies or carrying out its other duties when the court or chief judge so requests.

AB130-engrossed,191,18 938.069 Powers and duties of disposition staff. (1) The staff of the department, the court, a county department or a licensed child welfare agency designated by the court to carry out the objectives and provisions of this chapter shall:

AB130-engrossed,191,20 (a) Supervise and assist a juvenile under a deferred prosecution agreement, a consent decree or an order of the court.

AB130-engrossed,191,21 (b) Offer individual and family counseling.

AB130-engrossed,191,24 (c) Make an affirmative effort to obtain necessary or desired services for the juvenile and the juvenile's family and investigate and develop resources toward that end.

AB130-engrossed,192,2 (d) Prepare reports for the court recommending a plan of rehabilitation, treatment and care.

AB130-engrossed,192,4 (dj) Provide aftercare services for a juvenile who has been released from a secured correctional facility or a secured child caring institution.

AB130-engrossed,192,6 (e) Perform any other functions consistent with this chapter which are ordered by the court.

AB130-engrossed,192,9 (2) Licensed child welfare agencies and the department shall provide services under this section only upon the approval of the agency from whom services are requested.

AB130-engrossed,192,12 (3) A court or county department responsible for disposition staff may agree with the court or county department responsible for providing intake services that the disposition staff may be designated to provide some or all of the intake services.

AB130-engrossed,192,15 (4) Disposition staff employed to perform the duties specified in sub. (1) after November 18, 1978, shall have the qualifications required under the county merit system.

AB130-engrossed,192,19 938.07 Additional sources of court services. If the county board of supervisors has complied with s. 938.06, the court may obtain supplementary services for investigating cases and providing supervision of cases from one or more of the following sources:

AB130-engrossed,193,2 (1) Department of health and social services. The court may request the services of the department for cases with special needs that cannot adequately be provided by the county department. The department may furnish the requested services, subject to s. 46.03 (18). The department shall provide, from the appropriation under s. 20.435 (6) (km), the services only to the extent that the county provides funds to the department equal to the net cost the department will incur as a result of providing the services requested and only if s. 46.26 does not apply.

AB130-engrossed,193,8 (2) Licensed child welfare agency. The court may request the services of a child welfare agency licensed under s. 48.60 in accordance with procedures established by that agency. The child welfare agency shall receive no compensation for these services but may be reimbursed out of funds made available to the court for the actual and necessary expenses incurred in the performance of duties for the court.

AB130-engrossed,193,16 (3) County department in populous counties. In counties having a population of 500,000 or more, the director of the county department may be ordered by the court to provide services for furnishing emergency shelter care to any juvenile whose need therefor, either by reason of need of protection and services or delinquency, is determined by the intake worker under s. 938.205. The court may authorize the director to appoint members of the county department to furnish emergency shelter care services for the juvenile. The emergency shelter care may be provided as specified in s. 938.207.

AB130-engrossed,193,22 (4) County departments that provide developmental disabilities, mental health or alcohol and other drug abuse services. Within the limits of available state and federal funds and of county funds appropriated to match state funds, the court may order county departments established under s. 51.42 or 51.437 to provide special treatment or care to a juvenile if special treatment or care has been ordered under s. 938.34 (6) and if s. 938.362 (4) applies.

AB130-engrossed,194,4 938.08 Duties of person furnishing services to court. (1) It is the duty of each person appointed to furnish services to the court as provided in ss. 938.06 and 938.07 to make such investigations and exercise such discretionary powers as the judge may direct, to keep a written record of such investigations and to submit a report to the judge. The person shall keep informed concerning the conduct and condition of the juvenile under the person's supervision and shall report thereon as the judge directs.

AB130-engrossed,194,11 (2) Except as provided in sub. (3), any person authorized to provide or providing intake or dispositional services for the court under ss. 938.067 and 938.069 and any department of corrections staff member designated by the department of corrections has the power of police officers and deputy sheriffs only for the purpose of taking a juvenile into physical custody when the juvenile comes voluntarily or is suffering from illness or injury or is in immediate danger from his or her surroundings and removal from the surroundings is necessary.

AB130-engrossed,194,18 (3) (a) In addition to the law enforcement authority specified in sub. (2), department of health and social services personnel designated by that department, personnel of a secured child caring institution designated by agreement between that secured child caring institution and the department of health and social services, and department of corrections personnel designated by the department of corrections have the power of law enforcement authorities to take a juvenile into physical custody under the following conditions:

AB130-engrossed,194,20 1. If they are in prompt pursuit of a juvenile who has run away from a secured correctional facility or secured child caring institution.

AB130-engrossed,194,22 2. If the juvenile has failed to return to a secured correctional facility or secured child caring institution after any authorized absence.

AB130-engrossed,195,2 (b) A juvenile taken into custody under par. (a) may be returned directly to the secured correctional facility or secured child caring institution and shall have a hearing regarding placement in a disciplinary cottage or in disciplinary status in accordance with ch. 227.

AB130-engrossed,195,4 938.09 Representation of the interests of the public. The interests of the public shall be represented in proceedings under this chapter as follows:

AB130-engrossed,195,5 (1) By the district attorney, in any matter arising under s. 938.12.

AB130-engrossed,195,11 (2) By the district attorney or, if designated by the county board of supervisors, by the corporation counsel, in any matter concerning a civil law violation arising under s. 938.125. If the county board transfers this authority to or from the district attorney on or after May 11, 1990, the board may do so only if the action is effective on September 1 of an odd-numbered year and the board notifies the department of administration of that change by January 1 of that odd-numbered year.

AB130-engrossed,195,13 (3) By the city, village or town attorney, in any matter concerning a city, village or town ordinance violation, respectively, arising under s. 938.125.

AB130-engrossed,195,15 (4) By any appropriate person designated by the county board of supervisors in any matter concerning a noncity ordinance violation arising under s. 938.125.

AB130-engrossed,195,21 (5) By the district attorney or, if designated by the county board of supervisors, by the corporation counsel, in any matter arising under s. 938.13. If the county board transfers this authority to or from the district attorney on or after May 11, 1990, the board may do so only if the action is effective on September 1 of an odd-numbered year and the board notifies the department of administration of that change by January 1 of that odd-numbered year.

AB130-engrossed,195,23 (6) By any appropriate person designated by the county board of supervisors in any matter arising under s. 938.14.

AB130-engrossed,196,3 938.10 Power of the judge to act as intake worker. The duties of the intake worker may be carried out from time to time by the judge at his or her discretion, but if a recommendation to file a petition is made, a citation is issued or a deferred prosecution agreement is entered into, the judge shall be disqualified from participating further in the proceedings.

AB130-engrossed,196,5 SUBCHAPTER III JURISDICTION

AB130-engrossed,196,8 938.12 Jurisdiction over juveniles alleged to be delinquent. (1) The court has exclusive jurisdiction, except as provided in ss. 938.17, 938.18 and 938.183, over any juvenile 10 years of age or over who is alleged to be delinquent.

AB130-engrossed,196,12 (2) If a court proceeding has been commenced under this section before a juvenile is 17 years of age, but the juvenile becomes 17 years of age before admitting the facts of the petition at the plea hearing or if the juvenile denies the facts, before an adjudication, the court retains jurisdiction over the case.

AB130-engrossed,196,16 938.125 Jurisdiction over juveniles alleged to have violated civil laws or ordinances. The court has exclusive jurisdiction over any juvenile alleged to have violated a law punishable by forfeiture or a county, town or other municipal ordinance, except as follows:

AB130-engrossed,196,17 (1) As provided under s. 938.17.

AB130-engrossed,196,22 (2) That the court has exclusive jurisdiction over any juvenile alleged to have violated an ordinance enacted under s. 118.163 (2) only after evidence is provided by the school attendance officer that the activities under s. 118.16 (5) have been completed or were not completed due to the child's absence from school as provided in s. 118.16 (5m).

AB130-engrossed,196,25 938.13 Jurisdiction over juveniles alleged to be in need of protection or services. The court has exclusive original jurisdiction over a juvenile alleged to be in need of protection or services which can be ordered by the court, and:

AB130-engrossed,197,2 (4) Whose parent or guardian signs the petition requesting jurisdiction and states that he or she is unable to control the juvenile.

AB130-engrossed,197,6 (6) Who is habitually truant from school, after evidence is provided by the school attendance officer that the activities under s. 118.16 (5) have been completed or were not completed due to the child's absence from school as provided in s. 118.16 (5m), except as provided under s. 938.17 (2).

AB130-engrossed,197,7 (6m) Who is a school dropout, as defined in s. 118.153 (1) (b).

AB130-engrossed,197,11 (7) Who is habitually truant from home and either the juvenile or a parent, guardian or a relative in whose home the juvenile resides signs the petition requesting jurisdiction and attests in court that reconciliation efforts have been attempted and have failed.

AB130-engrossed,197,13 (12) Who, being under 10 years of age, has committed a delinquent act as defined in s. 938.12.

AB130-engrossed,197,16 (14) Who has been determined, under s. 938.30 (5) (c), to be not responsible for a delinquent act by reason of mental disease or defect or who has been determined, under s. 938.30 (5) (d), to be not competent to proceed.

AB130-engrossed,197,20 938.135 Referral of juveniles to proceedings under ch. 51 or 55. (1) If a juvenile alleged to be delinquent or in need of protection or services is before the court and it appears that the juvenile is developmentally disabled, mentally ill or drug dependent or suffers from alcoholism, the court may proceed under ch. 51 or 55.

AB130-engrossed,197,23 (2) Any voluntary or involuntary admissions, placements or commitments of a juvenile made in or to an inpatient facility, as defined in s. 51.01 (10), other than a commitment under s. 938.34 (6) (am) shall be governed by ch. 51 or 55.

AB130-engrossed,198,3 938.14 Jurisdiction over interstate compact proceedings. The court has exclusive jurisdiction over proceedings under the interstate compact for juveniles under s. 938.991.

AB130-engrossed,198,11 938.15 Jurisdiction of other courts to determine legal custody. Nothing contained in s. 938.12, 938.13 or 938.14 deprives other courts of the right to determine the legal custody of juveniles by habeas corpus or to determine the legal custody or guardianship of juveniles if the legal custody or guardianship is incidental to the determination of causes pending in the other courts. But the jurisdiction of the court assigned to exercise jurisdiction under this chapter and ch. 48 is paramount in all cases involving juveniles alleged to come within the provisions of s. 938.12 or 938.13.