SB572, s. 246
20Section
246. 938.13 (intro.) of the statutes is amended to read:
SB572,124,24
21938.13 Jurisdiction over juveniles alleged to be in need of protection
22or services. (intro.)
The Except as provided in s. 938.028 (3), the court has exclusive
23original jurisdiction over a juvenile alleged to be in need of protection or services
24which can be ordered by the court if any of the following conditions applies:
SB572, s. 247
25Section
247. 938.15 of the statutes is amended to read:
SB572,125,8
1938.15 Jurisdiction of other courts to determine legal custody. Nothing 2Except as provided in s. 938.028 (3), nothing in this chapter deprives another court
3of the right to determine the legal custody juvenile by habeas corpus or to determine
4the legal custody or guardianship of a juvenile if the legal custody or guardianship
5is incidental to the determination of an action pending in that court.
But Except as
6provided in s. 938.028 (3), the jurisdiction of the court assigned to exercise
7jurisdiction under this chapter and ch. 48 is paramount in all cases involving
8juveniles alleged to come within the provisions of ss. 938.12 to 938.14.
SB572, s. 248
9Section
248. 938.185 (4) (title) of the statutes is amended to read:
SB572,125,1010
938.185
(4) (title)
American Indian juveniles.
SB572, s. 249
11Section
249. 938.185 (4) (intro.) of the statutes is amended to read:
SB572,125,1512
938.185
(4) (intro.) Venue for a proceeding under s. 938.12 or 938.13 (12) based
13on an allegation that an
American Indian juvenile has committed a delinquent act
14may not be in the county specified in sub. (1) (a), unless that county is specified in
15sub. (1) (b) or (c), if all of the following circumstances apply:
SB572, s. 250
16Section
250. 938.185 (4) (a) of the statutes is amended to read:
SB572,125,2017
938.185
(4) (a) At the time of the alleged delinquent act the juvenile was under
18an order of a
tribe's tribal court, other than a tribal court order relating to adoption,
19physical placement or visitation with the juvenile's parent, or permanent
20guardianship.
SB572, s. 251
21Section
251. 938.185 (4) (b) of the statutes is amended to read:
SB572,126,322
938.185
(4) (b) At the time of the alleged delinquent act the juvenile was
23physically outside the boundaries of
that tribe's
the reservation
of the Indian tribe
24of the tribal court and any off-reservation trust land of either that
Indian tribe or a
25member of that
Indian tribe as a direct consequence of a tribal court order under par.
1(a), including a tribal court order placing the juvenile in the home of a relative of the
2juvenile who on or after the date of the tribal court order resides physically outside
3the boundaries of a reservation and off-reservation trust land.
SB572, s. 252
4Section
252. 938.19 (2) of the statutes is amended to read:
SB572,126,165
938.19
(2) Notification of parent, guardian, legal custodian, Indian
6custodian. When a juvenile is taken into physical custody under this section, the
7person taking the juvenile into custody shall immediately attempt to notify the
8parent, guardian,
and legal custodian
, and Indian custodian of the juvenile by the
9most practical means. The person taking the juvenile into custody shall continue
10such attempt until the parent, guardian,
and legal custodian
, and Indian custodian 11of the juvenile are notified, or the juvenile is delivered to an intake worker under s.
12938.20 (3), whichever occurs first. If the juvenile is delivered to the intake worker
13before the parent, guardian,
and legal custodian
, and Indian custodian are notified,
14the intake worker, or another person at his or her direction, shall continue the
15attempt to notify until the parent, guardian,
and legal custodian
, and Indian
16custodian of the juvenile are notified.
SB572, s. 253
17Section
253. 938.20 (2) (ag) of the statutes is amended to read:
SB572,126,2018
938.20
(2) (ag) Except as provided in pars. (b) to (g), a person taking a juvenile
19into custody shall make every effort to release the juvenile immediately to the
20juvenile's parent, guardian
or, legal custodian
, or Indian custodian.
SB572, s. 254
21Section
254. 938.20 (2) (b) of the statutes is amended to read:
SB572,126,2522
938.20
(2) (b) If the juvenile's parent, guardian
or, legal custodian
, or Indian
23custodian is unavailable, unwilling
, or unable to provide supervision for the juvenile,
24the person who took the juvenile into custody may release the juvenile to a
25responsible adult after counseling or warning the juvenile as may be appropriate.
SB572, s. 255
1Section
255. 938.20 (3) of the statutes is amended to read:
SB572,127,142
938.20
(3) Notification to parent, guardian, legal custodian, Indian
3custodian of release. If the juvenile is released under sub. (2) (b) to (d) or (g), the
4person who took the juvenile into custody shall immediately notify the juvenile's
5parent, guardian,
and legal custodian
, and Indian custodian of the time and
6circumstances of the release and the person, if any, to whom the juvenile was
7released. If the juvenile is not released under sub. (2), the person who took the
8juvenile into custody shall arrange in a manner determined by the court and law
9enforcement agencies for the juvenile to be interviewed by the intake worker under
10s. 938.067 (2). The person who took the juvenile into custody shall make a statement
11in writing with supporting facts of the reasons why the juvenile was taken into
12physical custody and shall give a copy of the statement to the intake worker and to
13any juvenile 10 years of age or older. If the intake interview is not done in person,
14the report may be read to the intake worker.
SB572, s. 256
15Section
256. 938.20 (7) (c) 1. of the statutes is amended to read:
SB572,127,2116
938.20
(7) (c) 1. To a parent, guardian,
or legal custodian
, or Indian custodian,
17or to a responsible adult if the parent, guardian,
or legal custodian
, or Indian
18custodian is unavailable, unwilling, or unable to provide supervision for the juvenile,
19counseling or warning the juvenile as may be appropriate; or, if the juvenile is 15
20years of age or older, without immediate adult supervision, counseling or warning
21the juvenile as may be appropriate.
SB572, s. 257
22Section
257. 938.20 (7) (d) of the statutes is amended to read:
SB572,128,223
938.20
(7) (d) If the juvenile is released from custody, the intake worker shall
24immediately notify the juvenile's parent, guardian
and
, legal custodian
, and Indian
1custodian of the time and circumstances of the release and the person, if any, to whom
2the juvenile was released.
SB572, s. 258
3Section
258. 938.20 (8) (a) of the statutes is amended to read:
SB572,128,144
938.20
(8) (a) If a juvenile is held in custody, the intake worker shall notify the
5juvenile's parent, guardian,
and legal custodian
, and Indian custodian of the reasons
6for holding the juvenile in custody and of the juvenile's whereabouts unless there is
7reason to believe that notice would present imminent danger to the juvenile. The
8parent, guardian,
and legal custodian
, and Indian custodian shall also be notified of
9the time and place of the detention hearing required under s. 938.21, the nature and
10possible consequences of the hearing,
and the right to present and cross-examine
11witnesses at the hearing
, and, in the case of a parent or Indian custodian of an Indian
12juvenile, the right to counsel under s. 938.028 (4) (b). If the parent, guardian,
or legal
13custodian
, or Indian custodian is not immediately available, the intake worker or
14another person designated by the court shall provide notice as soon as possible.
SB572, s. 259
15Section
259. 938.21 (2) (title) of the statutes is amended to read:
SB572,128,1616
938.21
(2) (title)
Proceedings concerning
runaway or delinquent juveniles.
SB572, s. 260
17Section
260. 938.21 (2) (ag) of the statutes is amended to read:
SB572,128,2018
938.21
(2) (ag) Proceedings concerning a juvenile who comes within the
19jurisdiction of the court under s. 938.12 or 938.13
(7) or (12)
or (14) shall be conducted
20according to this subsection.
SB572, s. 261
21Section
261. 938.21 (3) (ag) of the statutes is amended to read:
SB572,128,2422
938.21
(3) (ag) Proceedings concerning a juvenile who comes within the
23jurisdiction of the court under s. 938.13 (4), (6), (6m)
, or
(14) (7) shall be conducted
24according to this subsection.
SB572, s. 262
25Section
262. 938.21 (3) (am) of the statutes is amended to read:
SB572,129,4
1938.21
(3) (am) The parent, guardian,
or legal custodian
, or Indian custodian 2may waive his or her right to participate in the hearing under this section. After any
3waiver, a rehearing shall be granted at the request of the parent, guardian, legal
4custodian,
Indian custodian, or any other interested party for good cause shown.
SB572, s. 263
5Section
263. 938.21 (3) (b) of the statutes is amended to read:
SB572,129,116
938.21
(3) (b) If present at the hearing, a copy of the petition or request shall
7be given to the parent, guardian,
or legal custodian
, or Indian custodian, and to the
8juvenile if he or she is 12 years of age or older, before the hearing begins. Prior notice
9of the hearing shall be given to the juvenile's parent, guardian,
and legal custodian
,
10and Indian custodian and to the juvenile if he or she is 12 years of age or older under
11s. 938.20 (8).
SB572, s. 264
12Section
264. 938.21 (3) (d) of the statutes is amended to read:
SB572,129,1913
938.21
(3) (d) Prior to the commencement of the hearing, the court shall inform
14the parent, guardian,
or legal custodian
, or Indian custodian of the allegations that
15have been made or may be made, the nature and possible consequences of this
16hearing as compared to possible future hearings, the right to
present, confront
, and
17cross-examine
witnesses, and the right to present witnesses
and, in the case of a
18parent or Indian custodian of an Indian juvenile, the right to counsel under s.
19938.028 (4) (b).
SB572, s. 265
20Section
265. 938.21 (3) (e) of the statutes is amended to read:
SB572,130,321
938.21
(3) (e) If the parent, guardian,
or legal custodian
, Indian custodian, or
22the juvenile is not represented by counsel at the hearing and
if the juvenile is
23continued in custody as a result of the hearing, the parent, guardian, legal custodian,
24Indian custodian, or juvenile may request through counsel subsequently appointed
25or retained or through a guardian ad litem that the order to hold the juvenile in
1custody be reheard. If the request is made, a rehearing shall take place as soon as
2possible. An order to hold the juvenile in custody shall be reheard for good cause,
3whether or not counsel was present.
SB572, s. 266
4Section
266. 938.21 (5) (d) 1. of the statutes is renumbered 938.21 (5) (d) and
5amended to read:
SB572,130,116
938.21
(5) (d) If the court finds that any of the circumstances specified in s.
7938.355 (2d) (b) 1. to 4. applies with respect to a parent, the court shall hold a hearing
8under s. 938.38 (4m) within 30 days after the date of that finding to determine the
9permanency plan for the juvenile.
If a hearing is held under this subdivision, the
10agency responsible for preparing the permanency plan shall file the permanency
11plan with the court not less than 5 days before the date of the hearing.
SB572, s. 267
12Section
267. 938.21 (5) (d) 2. of the statutes is repealed.
SB572, s. 268
13Section
268. 938.21 (5) (d) 3. of the statutes is repealed.
SB572, s. 269
14Section
269. 938.23 (2g) of the statutes is created to read:
SB572,130,2015
938.23
(2g) Right of Indian juvenile's parent or Indian custodian to counsel. 16Whenever an Indian juvenile is the subject of a proceeding under s. 938.13 (4), (6),
17(6m), or (7) involving the removal of the Indian juvenile from his or her home or the
18placement of the Indian juvenile in an out-of-home care placement, the Indian
19juvenile's parent or Indian custodian shall have the right to be represented by
20court-appointed counsel as provided in sub. (4).
SB572, s. 270
21Section
270. 938.23 (4) of the statutes is amended to read:
SB572,131,1122
938.23
(4) Providing counsel. If a juvenile has a right to be represented by
23counsel or is provided counsel at the discretion of the court under this section and
24counsel is not knowingly and voluntarily waived, the court shall refer the juvenile
25to the state public defender and counsel shall be appointed by the state public
1defender under s. 977.08 without a determination of indigency.
In any situation
2under sub. (2g) in which a parent 18 years of age or over is entitled to representation
3by counsel; counsel is not knowingly and voluntarily waived; and it appears that the
4parent is unable to afford counsel in full, or the parent so indicates; the court shall
5refer the parent to the authority for indigency determinations specified under s.
6977.07 (1). In any other situation under this section in which a person has a right
7to be represented by counsel or is provided counsel at the discretion of the court,
8competent and independent counsel shall be provided and reimbursed in any
9manner suitable to the court regardless of the person's ability to pay, except that the
10court may not order a person who files a petition under s. 813.122 or 813.125 to
11reimburse counsel for the juvenile who is named as the respondent in that petition.
SB572, s. 271
12Section
271. 938.235 (4) (a) 7. of the statutes is amended to read:
SB572,131,1413
938.235
(4) (a) 7. Petition for relief from a judgment terminating parental
14rights under s.
48.028 or 48.46.
SB572, s. 272
15Section
272. 938.24 (2r) (title) of the statutes is amended to read:
SB572,131,1616
938.24
(2r) (title)
American Indian juvenile; notification of tribal court.
SB572, s. 273
17Section
273. 938.24 (2r) (a) (intro.) of the statutes is amended to read:
SB572,131,2418
938.24
(2r) (a) (intro.) If the intake worker determines as a result of the intake
19inquiry that the juvenile is an
American Indian
juvenile who has allegedly
20committed a delinquent act and that all of the following circumstances apply, the
21intake worker shall promptly notify the clerk of the tribal court under subd. 1., a
22person who serves as the tribal juvenile intake worker, or a tribal prosecuting
23attorney that the juvenile has allegedly committed a delinquent act under those
24circumstances:
SB572, s. 274
25Section
274. 938.24 (2r) (a) 1. of the statutes is amended to read:
SB572,132,4
1938.24
(2r) (a) 1. At the time of the delinquent act the juvenile was under an
2order of a
tribe's tribal court, other than a tribal court order relating to adoption,
3physical placement or visitation with the juvenile's parent, or permanent
4guardianship.
SB572, s. 275
5Section
275. 938.24 (2r) (a) 2. of the statutes is amended to read:
SB572,132,126
938.24
(2r) (a) 2. At the time of the delinquent act the juvenile was physically
7outside the boundaries of
that tribe's
the reservation
of the Indian tribe of the tribal
8court and any off-reservation trust land of either that
Indian tribe or a member of
9that
Indian tribe as a direct consequence of a tribal court order under subd. 1.,
10including a tribal court order placing the juvenile in the home of a relative of the
11juvenile who on or after the date of the tribal court order resides physically outside
12the boundaries of a reservation and off-reservation trust land.
SB572, s. 276
13Section
276. 938.24 (2r) (b) of the statutes is amended to read:
SB572,132,2414
938.24
(2r) (b) If the intake worker is notified by an official of the
Indian tribe
15that a petition relating to the delinquent act has been or may be filed in tribal court,
16the intake worker shall consult with tribal officials, unless the intake worker
17determines under sub. (4) that the case should be closed. After the consultation, the
18intake worker shall determine whether the best interests of the juvenile and of the
19public would be served by having the matter proceed solely in tribal court. If the
20intake worker determines that the best interests of the juvenile and of the public
21would be served by having the matter proceed solely in tribal court, the intake
22worker shall close the case. If the intake worker determines that the best interests
23of the juvenile and of the public would not be served by having the matter proceed
24solely in tribal court, the intake worker shall proceed under sub. (3) or (4).
SB572, s. 277
25Section
277. 938.243 (1) (e) of the statutes is amended to read:
SB572,133,1
1938.243
(1) (e) The right
of the juvenile to counsel under s. 938.23.
SB572, s. 278
2Section
278. 938.25 (2g) (title) of the statutes is amended to read:
SB572,133,33
938.25
(2g) (title)
American Indian juvenile; consultation with tribal court.
SB572, s. 279
4Section
279. 938.255 (1) (cm) of the statutes is amended to read:
SB572,133,95
938.255
(1) (cm) If the petition is initiating proceedings
other than proceedings
6under s. 938.12, 938.125 or 938.13 (12) under s. 938.13 (4), (6), (6m), or (7), whether
7the juvenile may be subject to the federal Indian Child Welfare Act,
25 USC 1901 to
81963, and, if the juvenile may be subject to that act, the names and addresses of the
9juvenile's Indian custodian, if any, and Indian tribe, if known.
SB572, s. 280
10Section
280. 938.255 (1) (cr) 1. a. of the statutes is amended to read:
SB572,133,1111
938.255
(1) (cr) 1. a. The juvenile is an
American Indian
juvenile.
SB572, s. 281
12Section
281. 938.255 (1) (cr) 1. b. of the statutes is amended to read:
SB572,133,1613
938.255
(1) (cr) 1. b. At the time of the alleged delinquent act, the juvenile was
14under an order of a
tribe's tribal court, other than a tribal court order relating to
15adoption, physical placement or visitation with the juvenile's parent, or permanent
16guardianship.
SB572, s. 282
17Section
282. 938.255 (1) (cr) 1. c. of the statutes is amended to read:
SB572,133,2418
938.255
(1) (cr) 1. c. At the time of the delinquent act the juvenile was
19physically outside the boundaries of
that tribe's
the reservation
of the Indian tribe
20of the tribal court and any off-reservation trust land of either that
Indian tribe or a
21member of that
Indian tribe as a direct consequence of a tribal court order under
22subd. 1. b., including a tribal court order placing the juvenile in the home of a relative
23of the juvenile who on or after the date of the tribal court order resides physically
24outside the boundaries of a reservation and off-reservation trust land.
SB572, s. 283
25Section
283. 938.255 (1) (cr) 2. of the statutes is amended to read:
SB572,134,5
1938.255
(1) (cr) 2. If the statement under subd. 1. is included in the petition and
2if the intake worker, district attorney, or corporation counsel has been notified by an
3official of the
Indian tribe that a petition relating to the delinquent act has been or
4may be filed in tribal court with respect to the alleged delinquent act, a statement
5to that effect.
SB572, s. 284
6Section
284. 938.255 (1) (g) of the statutes is created to read:
SB572,134,187
938.255
(1) (g) If the juvenile is or may be an Indian juvenile and is alleged to
8come within the provisions of s. 938.13 (4), (6), (6m), or (7), reliable and credible
9information showing that continued custody of the juvenile by the juvenile's parent
10or Indian custodian is likely to result in serious emotional or physical damage to the
11juvenile under s. 938.028 (4) (d) 1. and reliable and credible information showing that
12the person who took the juvenile into custody and the intake worker have made
13active efforts under s. 938.028 (4) (d) 2. to prevent the breakup of the Indian family
14and that those efforts have proved unsuccessful. If the juvenile is or may be an
15Indian juvenile, is alleged to come within the provisions of s. 938.13 (4), (6), (6m), or
16(7), and is being held in custody outside of his or her home, the petition shall set forth
17with specificity both the information required under this paragraph and the
18information required under par. (f).
SB572, s. 285
19Section
285. 938.255 (2) of the statutes is amended to read:
SB572,134,2120
938.255
(2) If any of the facts in sub. (1) (a) to (cr)
and, (f)
, and (g) are not known
21or cannot be ascertained by the petitioner, the petition shall so state.
SB572, s. 286
22Section
286. 938.255 (4) of the statutes is amended to read:
SB572,135,223
938.255
(4) Copy to juvenile, parents, and others. A copy of the petition shall
24be given to the juvenile and to the parents, guardian, legal custodian and physical
25custodian.
If the juvenile is an Indian juvenile who is alleged to come within the
1provisions of s. 938.13 (4), (6), (6m), or (7), a copy of the petition shall also be given
2to the Indian juvenile's Indian custodian and tribe.
SB572, s. 287
3Section
287. 938.27 (3) (a) 1. of the statutes is amended to read:
SB572,135,164
938.27
(3) (a) 1. The court shall notify, under s. 938.273, the juvenile, any
5parent, guardian, and legal custodian of the juvenile, any foster parent, treatment
6foster parent
, or other physical custodian described in s. 48.62 (2) of the juvenile, and
7any person specified in par. (b)
or (d), if applicable, of all hearings involving the
8juvenile under this subchapter, except hearings on motions for which notice must be
9provided only to the juvenile and his or her counsel. If parents entitled to notice have
10the same place of residence, notice to one constitutes notice to the other. The first
11notice to any interested party, foster parent, treatment foster parent, or other
12physical custodian described in s. 48.62 (2) shall be in writing and may have a copy
13of the petition attached to it. Notices of subsequent hearings may be given by
14telephone at least 72 hours before the time of the hearing. The person giving
15telephone notice shall place in the case file a signed statement of the date and time
16notice was given and the person to whom he or she spoke.
SB572, s. 288
17Section
288. 938.27 (3) (d) of the statutes is created to read:
SB572,135,2118
938.27
(3) (d) If the petition that was filed relates to facts concerning a situation
19under s. 938.13 (4), (6), (6m), or (7) involving an Indian juvenile, the court shall notify,
20under s. 938.273, the Indian juvenile's Indian custodian and tribe and that Indian
21custodian or tribe may intervene at any point in the proceeding.
SB572, s. 289
22Section
289. 938.27 (4) (b) of the statutes is amended to read:
SB572,135,2423
938.27
(4) (b) Advise the juvenile
and any other party, if applicable, of his or
24her right to legal counsel regardless of ability to pay.
SB572, s. 290
25Section
290. 938.273 (1) (a) of the statutes of the statutes is amended to read:
SB572,136,3
1938.273
(1) (a)
Service
Except as provided in pars. (ag), (ar), and (b), service of
2summons or notice required by s. 938.27 may be made by mailing a copy
of the
3summons or notice to the
persons person summoned or notified.
If
SB572,136,10
4(ar) Except as provided in par. (b), if the
persons person, other than a person
5specified in s. 938.27 (4m),
fail fails to appear at the hearing or otherwise to
6acknowledge service, a continuance shall be granted
, except as provided in par. (b),
7and service shall be made personally by delivering to the
persons person a copy of the
8summons or notice; except that if the court determines that it is impracticable to
9serve the summons or notice personally,
it the court may order service by certified
10mail addressed to the last-known
addresses address of the
persons person.