AB130-engrossed, s. 186 23Section 186. 48.27 (8) of the statutes is amended to read:
AB130-engrossed,58,224 48.27 (8) When a petition is filed under s. 48.12 or 48.13, the court shall notify,
25in writing, the child's parents or guardian that they may be ordered to reimburse this

1state or the county for the costs of legal counsel provided for the child, as provided
2under s. 48.275 (2).
AB130-engrossed, s. 187 3Section 187. 48.273 (1) of the statutes is amended to read:
AB130-engrossed,58,204 48.273 (1) Service of summons or notice required by s. 48.27 may be made by
5mailing a copy thereof to the persons summoned or notified. If the persons, other
6than a person specified in s. 48.27 (4m),
fail to appear at the hearing or otherwise to
7acknowledge service, a continuance shall be granted, except where the court
8determines otherwise because the child is in secure custody, and service shall be
9made personally by delivering to the persons a copy of the summons or notice; except
10that if the court is satisfied that it is impracticable to serve the summons or notice
11personally, it may make an order providing for the service of the summons or notice
12by certified mail addressed to the last-known addresses of the persons. The court
13may refuse to grant a continuance when the child is being held in secure custody, but
14in such a case the court shall order that service of notice of the next hearing be made
15personally or by certified mail to the last-known address of the person who failed to
16appear at the hearing. Personal service shall be made at least 72 hours before the
17time of the hearing. Mail shall be sent at least 7 days before the time of the hearing,
18except where the petition is filed under s. 48.13 and the person to be notified lives
19outside the state, in which case the mail shall be sent at least 14 days before the time
20of the hearing.
AB130-engrossed, s. 188 21Section 188. 48.273 (3) of the statutes is amended to read:
AB130-engrossed,59,2 2248.273 (3) The expenses of service of summons or notice or of the publication
23of summons or notice and the traveling expenses and fees as allowed in ch. 885
24incurred by any person summoned or required to appear at the hearing of any case

1coming within the jurisdiction of the court under ss. 48.12 48.13 to 48.14, shall be a
2charge on the county when approved by the court.
AB130-engrossed, s. 189 3Section 189. 48.275 (1) of the statutes is amended to read:
AB130-engrossed,59,84 48.275 (1) If the court finds a child to be delinquent under s. 48.12, in violation
5of a civil law or ordinance under s. 48.125 or
in need of protection or services under
6s. 48.13, the court shall order the parents of the child to contribute toward the
7expense of post-adjudication services to the child the proportion of the total amount
8which the court finds the parents are able to pay.
AB130-engrossed, s. 190m 9Section 190m. 48.275 (2) (a) of the statutes is amended to read:
AB130-engrossed,59,1910 48.275 (2) (a) If this state or a county provides legal counsel to a child subject
11to a proceeding under s. 48.12 or 48.13, the court shall order the child's parent to
12provide a statement of income, assets and living expenses to the county department
13and shall order that parent
to reimburse the state or county in accordance with par.
14(b) or (c). The court may not order reimbursement if a parent is the complaining or
15petitioning party or if the court finds that the interests of the parent and the interests
16of the child in the proceeding are substantially and directly adverse and that
17reimbursement would be unfair to the parent. The court may not order
18reimbursement until the completion of the proceeding or until the state or county is
19no longer providing the child with legal counsel in the proceeding.
AB130-engrossed, s. 190p 20Section 190p. 48.275 (2) (a) of the statutes, as affected by 1995 Wisconsin Act
21.... (this act), is repealed and recreated to read:
AB130-engrossed,60,522 48.275 (2) (a) If this state or a county provides legal counsel to a child subject
23to a proceeding under s. 48.13, the court shall order the child's parent to reimburse
24the state or county in accordance with par. (b) or (c). The court may not order
25reimbursement if a parent is the complaining or petitioning party or if the court finds

1that the interests of the parent and the interests of the child in the proceeding are
2substantially and directly adverse and that reimbursement would be unfair to the
3parent. The court may not order reimbursement until the completion of the
4proceeding or until the state or county is no longer providing the child with legal
5counsel in the proceeding.
AB130-engrossed, s. 190r 6Section 190r. 48.275 (2) (b) of the statutes is amended to read:
AB130-engrossed,60,157 48.275 (2) (b) If this state provides the child with legal counsel and the court
8orders reimbursement under par. (a), the county department shall child's parent may
9request the state public defender to
determine whether the parent is indigent as
10provided under s. 977.07 and shall determine the amount of reimbursement. If the
11parent is found not to be indigent, the amount of reimbursement shall be the
12maximum amount established by the public defender board. If the parent is found
13to be indigent in part, the amount of reimbursement shall be the amount of partial
14payment determined in accordance with the rules of the public defender board under
15s. 977.02 (3).
AB130-engrossed, s. 191 16Section 191. 48.275 (3) of the statutes is repealed and recreated to read:
AB130-engrossed,60,1717 48.275 (3) This section does not apply to any proceedings under s. 48.375 (7).
AB130-engrossed, s. 192 18Section 192. 48.29 (1) of the statutes is amended to read:
AB130-engrossed,61,419 48.29 (1) Except as provided in sub. (1g), the The child, or the child's parent,
20guardian or legal custodian, either before or during the plea hearing, may file a
21written request with the clerk of the court or other person acting as the clerk for a
22substitution of the judge assigned to the proceeding. Upon filing the written request,
23the filing party shall immediately mail or deliver a copy of the request to the judge
24named therein. In a proceeding under s. 48.12 or 48.13 (12), only the child may
25request a substitution of the judge.
Whenever any person has the right to request

1a substitution of judge, that person's counsel or guardian ad litem may file the
2request. Not more than one such written request may be filed in any one proceeding,
3nor may any single request name more than one judge. This section shall not apply
4to proceedings under s. 48.21.
AB130-engrossed, s. 193 5Section 193. 48.29 (1g) of the statutes is repealed.
AB130-engrossed, s. 194 6Section 194. 48.29 (1m) of the statutes is amended to read:
AB130-engrossed,61,157 48.29 (1m) When the clerk receives a request for substitution, the clerk shall
8immediately contact the judge whose substitution has been requested for a
9determination of whether the request was made timely and in proper form. Except
10as provided in sub. (2), if
If the request is found to be timely and in proper form, the
11judge named in the request has no further jurisdiction and the clerk shall request
12the assignment of another judge under s. 751.03. If no determination is made within
137 days, the clerk shall refer the matter to the chief judge of the judicial administrative
14district for determination of whether the request was made timely and in proper form
15and reassignment as necessary.
AB130-engrossed, s. 195 16Section 195. 48.29 (2) of the statutes is repealed.
AB130-engrossed, s. 196 17Section 196. 48.29 (3) of the statutes is amended to read:
AB130-engrossed,61,2118 48.29 (3) Subsections (1) to (2) (1m) do not apply in any proceeding under s.
1948.375 (7). For proceedings under s. 48.375 (7), the minor may select the judge whom
20she wishes to be assigned to the proceeding and that judge shall be assigned to the
21proceeding.
AB130-engrossed, s. 197 22Section 197. 48.293 (1) of the statutes is amended to read:
AB130-engrossed,62,423 48.293 (1) Copies of all peace law enforcement officer reports, including but not
24limited to the officer's memorandum and witnesses' statements, shall be made
25available upon request to counsel or guardian ad litem prior to a plea hearing. The

1reports shall be available through the representative of the public designated under
2s. 48.09. The child, through counsel or guardian ad litem, is the only party who shall
3have access to the reports in proceedings under ss. 48.12, 48.125 and 48.13 (12).
The
4identity of a confidential informant may be withheld pursuant to s. 905.10.
AB130-engrossed, s. 198 5Section 198. 48.293 (2) of the statutes is amended to read:
AB130-engrossed,62,166 48.293 (2) All records relating to a child which are relevant to the subject
7matter of a proceeding under this chapter shall be open to inspection by a guardian
8ad litem or counsel for any party, upon demand and upon presentation of releases
9where necessary, at least 48 hours before the proceeding. Persons entitled to inspect
10the records may obtain copies of the records with the permission of the custodian of
11the records or with permission of the court. The court may instruct counsel not to
12disclose specified items in the materials to the child or the parent if the court
13reasonably believes that the disclosure would be harmful to the interests of the child.
14Sections 971.23 to 971.25 and 972.11 (5) shall be applicable in all delinquency
15proceedings under this chapter except the court shall establish the timetable for ss.
16971.23 (3), (8) and (9) and 972.11 (5).
AB130-engrossed, s. 199 17Section 199. 48.295 (1c) (intro.) and (a) of the statutes are consolidated,
18renumbered 48.295 (1c) and amended to read:
AB130-engrossed,62,2319 48.295 (1c) Reasonable cause is considered to exist to warrant an alcohol and
20other drug abuse assessment under sub. (1) if any of the following applies: (a) The
21the multidisciplinary screen procedure conducted under s. 48.24 (2) indicates that
22the child is at risk of having needs and problems related to alcohol or other drug
23abuse.
AB130-engrossed, s. 200 24Section 200. 48.295 (1c) (b) of the statutes is repealed.
AB130-engrossed, s. 201 25Section 201. 48.295 (1c) (c) of the statutes is repealed.
AB130-engrossed, s. 202
1Section 202. 48.295 (2) (a) of the statutes is repealed.
AB130-engrossed, s. 203 2Section 203. 48.295 (2) (b) of the statutes is renumbered 48.295 (2) and
3amended to read:
AB130-engrossed,63,224 48.295 (2) The examiner shall file a report of the examination with the court
5by the date specified in the order. The court shall cause copies to be transmitted to
6the district attorney or corporation counsel and to the child's counsel. The report
7shall describe the nature of the examination and identify the persons interviewed,
8the particular records reviewed and any tests administered to the child. If the
9examination is ordered following a plea under s. 48.30 (4) (c), the report shall also
10contain an opinion regarding whether the child suffered from mental disease or
11defect at the time of the commission of the act alleged in the petition and, if so,
12whether this caused the child to lack substantial capacity to appreciate the
13wrongfulness of his or her conduct or to conform his or her conduct to the
14requirements of law. If the examination is ordered following a finding that there is
15probable cause to believe that the child has committed the alleged offense and that
16there is reason to doubt the child's competency to proceed, the report shall also
17contain an opinion regarding the child's present mental capacity to understand the
18proceedings and assist in his or her defense and, if the examiner reports that the
19child lacks competency to proceed, the examiner's opinion regarding the likelihood
20that the child, if provided treatment, may be restored to competency within the time
21specified in s. 48.30 (5) (e) 1.
The report shall also state in reasonable detail the facts
22and reasoning upon which the examiner's opinions are based.
AB130-engrossed, s. 204 23Section 204. 48.296 of the statutes is repealed
AB130-engrossed, s. 205 24Section 205. 48.297 (2) of the statutes is amended to read:
AB130-engrossed,64,6
148.297 (2) Defenses and objections based on defects in the institution of
2proceedings, lack of probable cause on the face of the petition, insufficiency of the
3petition or a citation or invalidity in whole or in part of the statute on which the
4petition or a citation is founded shall be raised not later than 10 days after the plea
5hearing or be deemed waived. Other motions capable of determination without trial
6may be brought any time before trial.
AB130-engrossed, s. 206 7Section 206. 48.297 (3) of the statutes is amended to read:
AB130-engrossed,64,138 48.297 (3) Motions to suppress evidence as having been illegally seized or
9statements illegally obtained shall be made before fact-finding on the issues. The
10court may entertain the motion at the fact-finding hearing if it appears that a party
11is surprised by the attempt to introduce such evidence and that party waives
12jeopardy. Only the child may waive jeopardy in cases under s. 48.12, 48.125 or 48.13
13(12).
AB130-engrossed, s. 207 14Section 207. 48.297 (5) of the statutes is amended to read:
AB130-engrossed,64,1815 48.297 (5) If the child is in custody and the court grants a motion to dismiss
16based upon a defect in the petition or a citation or in the institution of the
17proceedings, the court may order the child continued in custody for not more than 48
18hours pending the filing of a new petition or citation.
AB130-engrossed, s. 208 19Section 208. 48.299 (1) (a) of the statutes is amended to read:
AB130-engrossed,65,620 48.299 (1) (a) The general public shall be excluded from hearings under this
21chapter and from hearings by courts exercising jurisdiction under s. 48.16 or 48.17
22(2)
unless a public fact-finding hearing is demanded by a child through his or her
23counsel. However, the court shall refuse to grant the public hearing if the victim of
24an alleged sexual assault objects or,
in a nondelinquency proceeding other than a
25proceeding under s. 48.375 (7), if a parent or guardian objects. All hearings under

1s. 48.375 (7) shall be held in chambers, unless a public fact-finding hearing is
2demanded by the child through her counsel. If a public hearing is not held, only the
3parties, their counsel, witnesses and other persons requested by a party and
4approved by the court may be present. Except in a proceeding under s. 48.375 (7),
5any other person the court finds to have a proper interest in the case or in the work
6of the court, including a member of the bar, may be admitted by the court.
AB130-engrossed, s. 209 7Section 209. 48.299 (1) (am) of the statutes is repealed.
AB130-engrossed, s. 210 8Section 210. 48.299 (4) (a) of the statutes is amended to read:
AB130-engrossed,65,119 48.299 (4) (a) Chapters 901 to 911 shall govern the presentation of evidence at
10the fact-finding hearings under ss. 48.31 and 48.42. Section 972.11 (5) applies at
11fact-finding proceedings in all delinquency proceedings under this chapter.
AB130-engrossed, s. 211 12Section 211. 48.299 (4) (b) of the statutes is amended to read:
AB130-engrossed,66,213 48.299 (4) (b) Except as provided in s. 901.05, neither common law nor
14statutory rules of evidence are binding at a waiver hearing under s. 48.18, a hearing
15for a child held in custody under s. 48.21, a runaway home hearing under s. 48.227
16(4), a hearing under s. 48.296 (4) for a child who is alleged to have violated s. 940.225,
17948.02, 948.025, 948.05 or 948.06,
a dispositional hearing, or a hearing about
18changes in placement, revision of dispositional orders or extension of dispositional
19orders. At those hearings, the court shall admit all testimony having reasonable
20probative value, but shall exclude immaterial, irrelevant or unduly repetitious
21testimony or evidence that is inadmissible under s. 901.05. Hearsay evidence may
22be admitted if it has demonstrable circumstantial guarantees of trustworthiness.
23The court shall give effect to the rules of privilege recognized by law. The court shall
24apply the basic principles of relevancy, materiality and probative value to proof of all

1questions of fact. Objections to evidentiary offers and offers of proof of evidence not
2admitted may be made and shall be noted in the record.
AB130-engrossed, s. 212 3Section 212. 48.30 (1) of the statutes is amended to read:
AB130-engrossed,66,144 48.30 (1) Except as provided in this subsection, the hearing to determine the
5child's plea to a citation or a petition under s. 48.12, 48.125 or 48.13 (12), or
to
6determine whether any party wishes to contest an allegation that the child is in need
7of protection or services, shall take place on a date which allows reasonable time for
8the parties to prepare but is within 30 days after the filing of a petition or issuance
9of a citation
for a child who is not being held in secure custody or within 10 days after
10the filing of a petition or issuance of a citation for a child who is being held in secure
11custody. In a municipal court operated jointly by 2 or more cities, towns or villages
12under s. 755.01 (4), the hearing to determine the child's plea shall take place within
1345 days after the filing of a petition or issuance of a citation for a child who is not being
14held in secure custody.
AB130-engrossed, s. 213 15Section 213. 48.30 (2) of the statutes is amended to read:
AB130-engrossed,66,2516 48.30 (2) At the commencement of the hearing under this section the child and
17the parent, guardian or legal custodian shall be advised of their rights as specified
18in s. 48.243 and shall be informed that a request for a jury trial or for a substitution
19of judge under s. 48.29 must be made before the end of the plea hearing or be waived,
20except where the child is before the court on a uniform municipal citation, issued
21under ch. 800 in which case the court shall inform the child that a request for a jury
22trial may be made at any time prior to the fact-finding hearing and within 20 days
23after the plea hearing
. Nonpetitioning parties, including the child, shall be granted
24a continuance of the plea hearing if they wish to consult with an attorney on the
25request for a jury trial or substitution of a judge.
AB130-engrossed, s. 214
1Section 214. 48.30 (3) of the statutes is amended to read:
AB130-engrossed,67,52 48.30 (3) If a petition alleges that a child is in need of protection or services
3under s. 48.13 (1) to (11), the nonpetitioning parties and the child, if he or she is 12
4years of age or older or is otherwise competent to do so, shall state whether they
5desire to contest the petition.
AB130-engrossed, s. 215 6Section 215. 48.30 (4) of the statutes is repealed.
AB130-engrossed, s. 216 7Section 216. 48.30 (5) of the statutes is repealed.
AB130-engrossed, s. 217 8Section 217. 48.30 (6) of the statutes is amended to read:
AB130-engrossed,67,239 48.30 (6) If a petition is not contested, the court shall set a date for the
10dispositional hearing which allows reasonable time for the parties to prepare but is
11no more than 10 days from the plea hearing for the child who is held in secure custody
12and no more than 30 days from the plea hearing for a child who is not held in secure
13custody. If it appears to the court that disposition of the case may include placement
14of the child outside the child's home, the court shall order the child's parent to provide
15a statement of income, assets, debts and living expenses to the court or the
16designated agency under s. 48.33 (1) at least 5 days before the scheduled date of the
17dispositional hearing or as otherwise ordered by the court. The clerk of court shall
18provide, without charge, to any parent ordered to provide a statement of income,
19assets, debts and living expenses a document setting forth the percentage standard
20established by the department under s. 46.25 (9) and listing the factors that a court
21may consider under s. 46.10 (14) (c). If all parties consent the court may proceed
22immediately with the dispositional hearing. If a citation is not contested, the court
23may proceed immediately to enter a dispositional order.
AB130-engrossed, s. 218 24Section 218. 48.30 (7) of the statutes is amended to read:
AB130-engrossed,68,5
148.30 (7) If the citation or the petition is contested, the court shall set a date
2for the fact-finding hearing which allows reasonable time for the parties to prepare
3but is no more than 20 days from the plea hearing for a child who is held in secure
4custody and no more than 30 days from the plea hearing for a child who is not held
5in secure custody.
AB130-engrossed, s. 219 6Section 219. 48.30 (8) of the statutes is amended to read:
AB130-engrossed,68,97 48.30 (8) Except when a child fails to appear in response or stipulates to a
8citation before
Before accepting an admission or plea of no contest of the alleged facts
9in a petition or citation, the court shall:
AB130-engrossed,68,1210 (a) Address the parties present including the child personally and determine
11that the plea or admission is made voluntarily with understanding of the nature of
12the acts alleged in the petition or citation and the potential dispositions.
AB130-engrossed,68,1613 (b) Establish whether any promises or threats were made to elicit a plea the
14plea or admission
and alert unrepresented parties to the possibility that a lawyer
15may discover defenses or mitigating circumstances which would not be apparent to
16them.
AB130-engrossed,68,1817 (c) Make such inquiries as satisfactorily establishes that there is a factual basis
18for the child's plea or parent parent's and child's plea or admission.
AB130-engrossed, s. 220 19Section 220. 48.30 (9) of the statutes is amended to read:
AB130-engrossed,68,2320 48.30 (9) If a court commissioner conducts the plea hearing and accepts an
21admission of the alleged facts in a petition brought under s. 48.12 or 48.13, the judge
22shall review the admission at the beginning of the dispositional hearing by
23addressing the parties and making the inquires set forth in sub. (8).
AB130-engrossed, s. 221 24Section 221. 48.30 (10) of the statutes is amended to read:
AB130-engrossed,69,3
148.30 (10) The court may permit any party to participate in hearings under this
2section by telephone or live audio-visual means except a child who intends to admit
3the facts of a delinquency petition
.
AB130-engrossed, s. 222 4Section 222. 48.31 (1) of the statutes is amended to read:
AB130-engrossed,69,95 48.31 (1) In this section, "fact-finding hearing" means a hearing to determine
6if the allegations of a petition under s. 48.12 or 48.13 (12) are supported beyond a
7reasonable doubt or
a hearing to determine if the allegations in a petition or citation
8under s. 48.125 or 48.13 (1) to (11) or a petition to terminate parental rights are
9proved by clear and convincing evidence.
AB130-engrossed, s. 223 10Section 223. 48.31 (2) of the statutes is amended to read:
AB130-engrossed,69,2211 48.31 (2) The hearing shall be to the court unless the child, parent, guardian
12or legal custodian exercises the right to a jury trial by demanding a jury trial at any
13time before or during the plea hearing. Chapters 756 and 805 shall govern the
14selection of jurors except that ss. 972.03 and 972.04 shall apply in cases in which the
15juvenile is alleged to be delinquent under s. 48.12
. If the hearing involves a child
16victim or witness, as defined in s. 950.02, the court may order the taking and allow
17the use of a videotaped deposition under s. 967.04 (7) to (10) and, with the district
18attorney, shall comply with s. 971.105. At the conclusion of the hearing, the court or
19jury shall make a determination of the facts. If the court finds that the child is not
20within the jurisdiction of the court or the court or jury finds that the facts alleged in
21the petition or citation have not been proved, the court shall dismiss the petition or
22citation
with prejudice.
AB130-engrossed, s. 224 23Section 224. 48.31 (4) of the statutes is amended to read:
AB130-engrossed,70,1724 48.31 (4) The court or jury shall make findings of fact and the court shall make
25conclusions of law relating to the allegations of a petition filed under s. 48.13 (1) to

1(11m)
. In cases alleging a child to be in need of protection or services under s. 48.13
2(11), the court shall not find that the child is suffering serious emotional damage
3unless a licensed physician specializing in psychiatry or a licensed psychologist
4appointed by the court to examine the child has testified at the hearing that in his
5or her opinion the condition exists, and adequate opportunity for the
6cross-examination of the physician or psychologist has been afforded. The judge
7may use the written reports if the right to have testimony presented is voluntarily,
8knowingly and intelligently waived by the guardian ad litem or legal counsel for the
9child and the parent or guardian. In cases alleging a child to be in need of protection
10and services under s. 48.13 (11m), the court shall not find that the child is in need
11of treatment and education for needs and problems related to the use or abuse of
12alcohol beverages or controlled substances and its medical, personal, family or social
13effects unless an assessment for alcohol and other drug abuse that conforms to the
14criteria specified under s. 48.547 (4) has been conducted by an approved treatment
15facility. In cases alleging a child delinquent or in need of protection or services under
16s. 48.13 (12) the court shall make findings relating to the proof of the violation of law
17and to the proof that the child named in the petition committed the violation alleged.
AB130-engrossed, s. 225 18Section 225. 48.32 (1) of the statutes is amended to read:
AB130-engrossed,71,519 48.32 (1) At any time after the filing of a petition for a proceeding relating to
20s. 48.12 or 48.13 and before the entry of judgment, the judge or juvenile court
21commissioner may suspend the proceedings and place the child under supervision
22in the child's own home or present placement. The court may establish terms and
23conditions applicable to the parent, guardian or legal custodian, and to the child,
24including any conditions specified in subs. (1d), (1g) and (1t)
. The order under this
25section shall be known as a consent decree and must be agreed to by the child if 12

1years of age or older; the parent, guardian or legal custodian; and the person filing
2the petition under s. 48.25. If the consent decree includes any conditions specified
3in sub. (1g), the consent decree shall include provisions for payment of the services
4as specified in s. 48.361.
The consent decree shall be reduced to writing and given
5to the parties.
AB130-engrossed, s. 226 6Section 226. 48.32 (1d) of the statutes is repealed.
AB130-engrossed, s. 227 7Section 227. 48.32 (1g) of the statutes is repealed.
AB130-engrossed, s. 228 8Section 228. 48.32 (1r) of the statutes is repealed.
AB130-engrossed, s. 229 9Section 229. 48.32 (1t) of the statutes is repealed.
AB130-engrossed, s. 230 10Section 230. 48.32 (2) (a) of the statutes is amended to read:
AB130-engrossed,71,1311 48.32 (2) (a) Except as provided in par. (b), a A consent decree shall remain in
12effect up to 6 months unless the child, parent, guardian or legal custodian is
13discharged sooner by the judge or juvenile court commissioner.
AB130-engrossed, s. 231 14Section 231. 48.32 (2) (b) of the statutes is repealed.
AB130-engrossed, s. 232 15Section 232. 48.32 (4) of the statutes is repealed.
AB130-engrossed, s. 233 16Section 233. 48.32 (5) (a) of the statutes is amended to read:
AB130-engrossed,71,2017 48.32 (5) (a) The court refuses to enter into a consent decree and the allegations
18in the petition remain to be decided in a hearing where the child denies the
19allegations of delinquency or
one of the parties denies the allegations forming the
20basis for a child in need of protection or services petition; or
AB130-engrossed, s. 234 21Section 234. 48.32 (5) (b) of the statutes is amended to read:
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