AB443, s. 106 2Section 106. 938.02 (16) of the statutes is renumbered 938.02 (10r) and
3amended to read:
AB443,57,64 938.02 (10r) "Secure Juvenile detention facility" means a locked facility
5approved by the department under s. 301.36 for the secure, temporary holding in
6custody of juveniles.
Note: See the Note to s. 938.02 (15m), stats., as renumbered to s. 938.02 (10p) by
this bill.
AB443, s. 107 7Section 107. 938.02 (19) of the statutes is amended to read:
AB443,57,118 938.02 (19) "Type 1 secured juvenile correctional facility" means a secured
9juvenile correctional facility, but excludes any correctional institution that meets the
10criteria under sub. (15m) (10p) solely because of its status under s. 938.533 (3) (b),
11938.538 (4) (b), or 938.539 (5).
Note: See the Note to s. 938.02 (15m), stats., as renumbered to s. 938.02 (10p) by
this bill.
AB443, s. 108 12Section 108. 938.02 (19r) of the statutes is amended to read:
AB443,57,1713 938.02 (19r) "Type 2 child caring institution residential care center for
14children and youth
" means a residential care center for children and youth that is
15designated by the department to provide care and maintenance for juveniles who
16have been placed in the residential care center for children and youth under the
17supervision of a county department under s. 938.34 (4d).
Note: See the Note to s. 938.02 (15g), stats., as affected by this bill.
AB443, s. 109 18Section 109. 938.02 (20) of the statutes is amended to read:
AB443,58,3
1938.02 (20) "Type 2 secured juvenile correctional facility" means a secured
2juvenile correctional facility that meets the criteria under sub. (15m) (10p) solely
3because of its status under s. 938.533 (3) (b), 938.538 (4) (b), or 938.539 (5).
Note: See the Note to s. 938.02 (15m), stats., as renumbered to s. 938.02 (10p) by
this bill.
AB443, s. 110 4Section 110. 938.028 of the statutes is amended to read:
AB443,58,7 5938.028 Custody of Indian children. The Indian child welfare act Child
6Welfare Act
, 25 USC 1911 to 1963, supersedes the provisions of this chapter in any
7child custody proceeding governed by that act.
AB443, s. 111 8Section 111. 938.03 (title) of the statutes is amended to read:
AB443,58,10 9938.03 (title) Time and place of court; absence or disability of judge;
10court of record
.
AB443, s. 112 11Section 112. 938.03 (1) of the statutes is amended to read:
AB443,58,1312 938.03 (1) Time and place of court. The judge court shall set apart a time and
13place to hold court on juvenile matters.
AB443, s. 113 14Section 113. 938.03 (2) of the statutes is amended to read:
AB443,58,1915 938.03 (2) Absence or disability of judge. In the case of the absence or
16disability of the judge of a court assigned to exercise jurisdiction under this chapter
17and ch. 48, another judge shall be assigned under s. 751.03 to act temporarily in the
18judge's place. If the judge assigned temporarily is from a circuit other than the one
19for which elected, the judge shall receive expenses as provided under s. 753.073.
AB443, s. 114 20Section 114. 938.06 (1) (a) of the statutes is amended to read:
AB443,59,9 21938.06 (1) (a) 1. In counties with a population of 500,000 or more, the county
22board of supervisors shall provide the court with the services necessary for
23investigating and supervising cases under this chapter by operating a children's

1court center under the supervision of a director who is appointed as provided in s.
246.21 (1m) (a). The Except as otherwise provided in this subsection, the director is
3the chief administrative officer of the center and of the intake and probation sections
4and secure juvenile detention facilities of the center except as otherwise provided in
5this subsection
. The director is charged with administration of responsible for
6managing
the personnel of, and administering the services of, the sections and of the
7secure juvenile detention facilities, and is responsible for supervising both the
8operation of the physical plant and the maintenance and improvement of the
9buildings and grounds of the center.
AB443,59,15 101m. The center under subd. 1. shall include investigative services, provided by
11the county department,
for all juveniles alleged to be in need of protection or services
12to be provided by the county department. The center shall also include the and the
13services of an assistant district attorney or assistant corporation counsel, or both,
14who shall be assigned to the center to provide investigative as well as and legal work
15in the cases under this chapter and ch. 48.
AB443,59,2216 2. The chief judge of the judicial administrative district shall formulate
17establish written judicial policy policies governing intake and court services for
18juvenile matters under this chapter and the director of the center shall be charged
19with executing the judicial policy
execute the policies. The chief judge shall direct
20and supervise the work of all personnel of the court, except the work of the district
21attorney or corporation counsel assigned to the court. The chief judge, and may
22delegate his or her supervisory functions.
AB443,60,1723 3. The county board of supervisors shall develop establish policies and
24establish necessary rules for the management and administration of the nonjudicial
25operations of the children's court center. The director of the center shall report to,

1and is responsible to, the director of the county department for the execution of all
2nonjudicial operational
relating to the center director's duty to execute the policies
3and rules governing the center, including activities of probation officers whenever
4they are not performing services for the court. The director of the center is also
5responsible for the preparation and submission preparing and submitting to the
6county board of supervisors of the annual budget for the center except for the judicial
7functions or responsibilities which are delegated by law to the judge or judges court
8and clerk of circuit court. The county board of supervisors shall make provision in
9the organization of
, in organizing the office of director, shall provide for the
10devolution of the director's authority in the case of temporary absence, illness,
11disability to act, or a vacancy in position and shall establish the general
12qualifications for the position. The county board of supervisors also has the authority
13to investigate, arbitrate, and resolve any conflict in the administration of the center
14as between judicial and nonjudicial operational policy and rules. The county board
15of supervisors does not have authority over, and may not assert jurisdiction over, the
16disposition of any case or juvenile after a written order is made under s. 938.21 or
17if a petition is filed under s. 938.25.
AB443,60,22 184. All personnel of the intake and probation sections and of the secure juvenile
19detention facilities shall be appointed under civil service by the director, except that
20existing court service personnel having permanent civil service status may be
21reassigned to any of the respective sections within the center specified in this
22paragraph subdivision.
AB443, s. 115 23Section 115. 938.06 (1) (am) and (b) of the statutes are amended to read:
AB443,61,524 938.06 (1) (am) 1. All intake workers providing services under this chapter who
25begin employment after May 15, 1980, shall have the qualifications required to

1perform entry level social case work in a county department and shall have
2successfully completed 30 hours of intake training, approved or provided by the
3department, prior to the completion of the first 6 months of employment in the
4position. The department shall monitor compliance with this subdivision according
5to rules promulgated by the department.
AB443,61,86 2. The department shall make training programs available annually that
7permit intake workers providing services under this chapter to satisfy the
8requirements specified under subd. 1.
AB443,61,129 (b) Notwithstanding par. (a), the county board of supervisors may institute
10make changes in the administration of services to the children's court center in order
11to qualify for the maximum amount of federal and state aid as provided in sub. (4)
12and s. 46.495.
Note: Replaces "social work" with "case work" in s. 938.06 (1) (am) 1., stats.,
relating to intake worker qualifications. The committee found that this provision is
sometimes interpreted to mean that an intake worker must have a degree in social work
and be licensed as a social worker, but that many staff who perform intake work are not
social workers, but: (1) have degrees from 4 year accredited colleges in other human
service related fields such as criminal justice, sociology, and psychology; and (2) are
trained upon hire to perform in accordance with state law and practice standards.
AB443, s. 116 13Section 116. 938.06 (2) and (3) of the statutes are amended to read:
AB443,62,414 938.06 (2) Counties with a population under 500,000. (a) In counties having
15less than 500,000 population, the county board of supervisors shall authorize the
16county department or the court, or both, to provide intake services required by under
17s. 938.067 and the staff needed to carry out the objectives and provisions of this
18chapter
to provide dispositional services under s. 938.069. Intake services under this
19chapter
shall be provided by employees of the court or the county department and
20may not be subcontracted to other individuals or agencies, except as provided in par.
21(am). Intake workers shall be governed in their intake work, including their

1responsibilities for recommending requesting the filing of a petition and entering
2into a deferred prosecution agreement, by general written policies which shall be
3formulated
established by the circuit judges for the county, subject to the approval
4of the chief judge of the judicial administrative district.
AB443,62,85 (am) 1. Notwithstanding par. (a), any A county which that had intake services
6under this chapter subcontracted from the county sheriff's department on
7April 1, 1980, may continue to subcontract those intake services from the county
8sheriff's department.
AB443,62,199 2. Notwithstanding par. (a), any A county in which the county sheriff's
10department operates a secure juvenile detention facility may subcontract intake
11services under this chapter from the county sheriff's department as provided in this
12subdivision. If a county subcontracts intake services under this chapter from the
13county sheriff's department
subdivision, employees of the county sheriff's
14department who staff the secure juvenile detention facility may make secure custody
15determinations under s. 938.208 between the hours of 6 p.m. and 6 a.m. and any
16determination under s. 938.208 made by an employee of the county sheriff's
17department
Such a determination shall be reviewed by an intake worker employed
18by the court or county department within 24 hours after that determination it is
19made.
AB443,63,420 (b) 1. All intake workers providing services under this chapter who begin
21employment after May 15, 1980, excluding county sheriff's department employees
22who provide intake services under par. (am) 2., shall have the qualifications required
23to perform entry level social case work in a county department. All intake workers
24providing services under this chapter who begin employment after May 15, 1980,
25including county sheriff's department employees who provide intake services under

1par. (am) 2., shall have successfully completed 30 hours of intake training approved
2or provided by the department prior to the completion of the first 6 months of
3employment in the position. The department shall monitor compliance with this
4subdivision according to rules promulgated by the department.
AB443,63,75 2. The department shall make training programs available annually that
6permit intake workers providing services under this chapter to satisfy the
7requirements specified under subd. 1.
AB443,63,11 8(3) Intake services. The court or county department responsible for providing
9intake services under s. 938.067 shall specify one or more persons to provide intake
10services. If there is more than one such worker person, one of the workers persons
11shall be designated as chief worker and shall supervise the other workers persons.
Note: Changes, in the last sentence in s. 938.06 (2) (a), stats., "recommending" to
"requesting" in order to conform with language in current ss. 938.067 (6) and 938.24 (3)
and (5), stats.
In addition see the Note to s. 938.06 (1) (am) 1., stats., as affected by this bill. The
same comments apply to s. 938.06 (2) (b) 1., stats., as affected by this bill.
AB443, s. 117 12Section 117. 938.06 (5) of the statutes is renumbered 938.06 (5) (a) (intro.) and
13amended to read:
AB443,63,1514 938.06 (5) (a) (intro.) The county board of supervisors of any county may, by
15resolution, authorize the court to use do any of the following:
AB443,63,19 161. Use placement in a secure juvenile detention facility or juvenile portion of
17the county jail as a disposition under s. 938.34 (3) (f), as a sanction under s. 938.355
18(6m) (a) 1g., or as a place of short-term detention under s. 938.355 (6d) (a) 1. or 2.
19or (b) 1. or 2. or 938.534 (1) (b) 1. or 2. or to use
AB443,63,22 202. Use commitment to a county department under s. 51.42 or 51.437 for special
21treatment or care in an inpatient facility, as defined in s. 51.01 (10), as a disposition
22under s. 938.34 (6) (am).
AB443,64,4
1(b) The use by the court of a disposition under s. 938.34 (3) (f) or (6) (am), a
2sanction under s. 938.355 (6m) (a) 1g., or short-term detention under s. 938.355 (6d)
3(a) 1. or 2. or (b) 1. or 2. or 938.534 (1) (b) 1. or 2. is subject to any resolution adopted
4under this subsection par. (a).
AB443, s. 118 5Section 118. 938.067 (intro.) of the statutes is amended to read:
AB443,64,8 6938.067 Powers and duties of intake workers. (intro.) To carry out the
7objectives and provisions of this chapter but subject to its limitations, intake workers
8shall do all of the following:
AB443, s. 119 9Section 119. 938.067 (1) (title) of the statutes is created to read:
AB443,64,1010 938.067 (1) (title) Screening.
AB443, s. 120 11Section 120. 938.067 (2) and (3) of the statutes are amended to read:
AB443,64,2412 938.067 (2) Interviewing. Interview, unless impossible if possible, any juvenile
13who is taken into physical custody and not released, and where, if appropriate,
14interview other available concerned parties. If the juvenile cannot be interviewed,
15the intake worker shall consult with the juvenile's parent or a responsible adult. No
16juvenile may be placed in a secure juvenile detention facility unless the juvenile has
17been interviewed in person by an intake worker, except that if the intake worker is
18in a place which is distant from the place where the juvenile is or the hour is
19unreasonable, as defined by written court intake rules, and if the juvenile meets the
20criteria under s. 938.208, the intake worker, after consulting by telephone with the
21law enforcement officer who took the juvenile into custody, may authorize the secure
22holding of the juvenile while the intake worker is en route to the in-person interview
23or until 8 a.m. of the morning after the night on which the juvenile was taken into
24custody.
AB443,65,3
1(3) Whether juvenile should be held. Determine whether the juvenile shall
2be held under s. 938.205 and such policies as the judge shall promulgate promulgated
3under s. 938.06 (1) or (2).
AB443, s. 121 4Section 121. 938.067 (4) (title) of the statutes is created to read:
AB443,65,55 938.067 (4) (title) Where juvenile should be held.
AB443, s. 122 6Section 122. 938.067 (5) of the statutes is amended to read:
AB443,65,87 938.067 (5) Crisis counseling. Provide any necessary crisis counseling during
8the intake process when such counseling appears to be necessary.
AB443, s. 123 9Section 123. 938.067 (6) (title), (6g) (title) and (6m) (title) of the statutes are
10created to read:
AB443,65,1111 938.067 (6) (title) Request for petition; deferred prosecution.
AB443,65,12 12(6g) (title) Victims' rights.
AB443,65,13 13(6m) (title) Multidisciplinary screen.
AB443, s. 124 14Section 124. 938.067 (7) of the statutes is amended to read:
AB443,65,1615 938.067 (7) Referrals. Make referrals of cases to other agencies if their
16assistance appears to be is needed or desirable.
AB443, s. 125 17Section 125. 938.067 (8) (title) and (8m) (title) of the statutes are created to
18read:
AB443,65,1919 938.067 (8) (title) Interim recommendations.
AB443,65,20 20(8m) (title) Taking juveniles into custody.
AB443, s. 126 21Section 126. 938.067 (9) of the statutes is amended to read:
AB443,65,2522 938.067 (9) Other functions . Perform any other functions ordered by the
23court, and, when the court or chief judge requests, assist the court or chief judge of
24the judicial administrative district in developing written policies or carrying out its
25other duties when the court or chief judge so requests.
AB443, s. 127
1Section 127. 938.069 (1) (intro.), (c), (dj) and (e) of the statutes are amended
2to read:
AB443,66,53 938.069 (1) Duties. (intro.) The Subject to sub. (2), the staff of the department,
4the court, a county department, or a licensed child welfare agency designated by the
5court to carry out the objectives and provisions of this chapter shall:
AB443,66,86 (c) Make an affirmative effort, and investigate and develop resources, to obtain
7necessary or desired services for the juvenile and the juvenile's family and
8investigate and develop resources toward that end
.
AB443,66,119 (dj) Provide aftercare services for a juvenile who has been released from a
10secured juvenile correctional facility , or a secured child caring institution or a
11secured group home
residential care center for children and youth.
AB443,66,1312 (e) Perform any other court-ordered functions consistent with this chapter
13which are ordered by the court.
AB443, s. 128 14Section 128. 938.069 (2) (title), (3) (title) and (4) (title) of the statutes are
15created to read:
AB443,66,1616 938.069 (2) (title) Agency approval needed.
AB443,66,17 17(3) (title) Intake services.
AB443,66,18 18(4) (title) Qualifications of disposition staff.
AB443, s. 129 19Section 129. 938.07 (2) and (3) of the statutes are amended to read:
AB443,66,2520 938.07 (2) Licensed child welfare agency. The court may request the services
21of a child welfare agency licensed under s. 48.60 in accordance with procedures
22established by that agency. The child welfare agency shall receive no compensation
23for these services but may be reimbursed out of funds made available to the court for
24the actual and necessary expenses incurred in the performance of duties for the
25court.
AB443,67,8
1(3) County department in populous counties. In counties having a population
2of 500,000 or more, the court may order the director of the county department may
3be ordered by the court
to provide services for furnishing emergency shelter care
4services to any juvenile whose need therefor for the services, either by reason of need
5of protection and services or delinquency, is determined by the intake worker under
6s. 938.205. The court may authorize the director to appoint members of the county
7department to furnish emergency shelter care services for the juvenile. The
8emergency shelter care may be provided as specified in under s. 938.207.
AB443, s. 130 9Section 130. 938.08 (1) and (2) of the statutes are amended to read:
AB443,67,1610 938.08 (1) Investigations; reports. It is the duty of each A person appointed
11to furnish services to the court as provided in under ss. 938.06 and 938.07 to shall
12make such any investigations and exercise such any discretionary powers as that the
13judge court may direct, to keep a written record of such the investigations, and to
14submit a report to the judge court. The person shall keep informed concerning the
15conduct and condition of the juvenile under the person's supervision and shall report
16thereon on the conduct and condition as the judge court directs.
AB443,67,23 17(2) Power to take juvenile into custody; limits. Except as provided in sub.
18(3) and ss. 938.355 (6d) and 938.534 (1), any a person authorized to provide or
19providing intake or dispositional services for the court under s. 938.067 or 938.069
20has the power of police officers and deputy sheriffs only for the purpose of taking a
21juvenile into physical custody when the juvenile comes voluntarily or, is suffering
22from illness or injury, or is in immediate danger from his or her surroundings and
23removal from the surroundings is necessary.
AB443, s. 131 24Section 131. 938.08 (3) of the statutes is amended to read:
AB443,68,8
1938.08 (3) Conditions for certain other persons to take juvenile into
2custody.
(a) In addition to the law enforcement authority specified in under sub. (2),
3department personnel designated by the department, personnel of an agency
4contracted with under s. 301.08 (1) (b) 3. and designated by agreement between the
5agency and the department, and personnel of a county contracted with under s.
6301.08 (1) (b) 4. and designated by agreement between the county and the
7department have the power of law enforcement authorities to take a juvenile into
8physical custody under the following conditions:
AB443,68,119 1. If they are in prompt pursuit of a juvenile who has run away from a secured
10juvenile correctional facility, or a residential care center for children and youth, or
11a secured group home
.
AB443,68,1412 2. If the juvenile has failed to return to a secured juvenile correctional facility,
13or a residential care center for children and youth , or a secured group home after any
14authorized absence.
AB443,68,1815 (b) A juvenile who is taken into custody under par. (a) may be returned directly
16to the secured juvenile correctional facility, or residential care center for children and
17youth, or secured group home and shall have a hearing regarding placement in a
18disciplinary cottage or
in disciplinary status in accordance with ch. 227.
Note: Deletes the reference to "disciplinary cottage" in s. 938.08 (3) (b), stats.,
because it is an outdated concept.
AB443, s. 132 19Section 132. 938.09 (1) to (6) of the statutes are amended to read:
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