SB572: Bill Text

SB572, s. 258 Section 258. 938.20 (8) (a) of the statutes is amended to read:

SB572,128,14 938.20 (8) (a) If a juvenile is held in custody, the intake worker shall notify the juvenile's parent, guardian, and legal custodian, and Indian custodian of the reasons for holding the juvenile in custody and of the juvenile's whereabouts unless there is reason to believe that notice would present imminent danger to the juvenile. The parent, guardian, and legal custodian, and Indian custodian shall also be notified of the time and place of the detention hearing required under s. 938.21, the nature and possible consequences of the hearing, and the right to present and cross-examine witnesses at the hearing, and, in the case of a parent or Indian custodian of an Indian juvenile, the right to counsel under s. 938.028 (4) (b). If the parent, guardian, or legal custodian, or Indian custodian is not immediately available, the intake worker or another person designated by the court shall provide notice as soon as possible.

SB572, s. 259 Section 259. 938.21 (2) (title) of the statutes is amended to read:

SB572,128,16 938.21 (2) (title) Proceedings concerning runaway or delinquent juveniles.

SB572, s. 260 Section 260. 938.21 (2) (ag) of the statutes is amended to read:

SB572,128,20 938.21 (2) (ag) Proceedings concerning a juvenile who comes within the jurisdiction of the court under s. 938.12 or 938.13 (7) or (12) or (14) shall be conducted according to this subsection.

SB572, s. 261 Section 261. 938.21 (3) (ag) of the statutes is amended to read:

SB572,128,24 938.21 (3) (ag) Proceedings concerning a juvenile who comes within the jurisdiction of the court under s. 938.13 (4), (6), (6m), or (14) (7) shall be conducted according to this subsection.

SB572, s. 262 Section 262. 938.21 (3) (am) of the statutes is amended to read:

SB572,129,4 938.21 (3) (am) The parent, guardian, or legal custodian, or Indian custodian may waive his or her right to participate in the hearing under this section. After any waiver, a rehearing shall be granted at the request of the parent, guardian, legal custodian, Indian custodian, or any other interested party for good cause shown.

SB572, s. 263 Section 263. 938.21 (3) (b) of the statutes is amended to read:

SB572,129,11 938.21 (3) (b) If present at the hearing, a copy of the petition or request shall be given to the parent, guardian, or legal custodian , or Indian custodian, and to the juvenile if he or she is 12 years of age or older, before the hearing begins. Prior notice of the hearing shall be given to the juvenile's parent, guardian, and legal custodian, and Indian custodian and to the juvenile if he or she is 12 years of age or older under s. 938.20 (8).

SB572, s. 264 Section 264. 938.21 (3) (d) of the statutes is amended to read:

SB572,129,19 938.21 (3) (d) Prior to the commencement of the hearing, the court shall inform the parent, guardian, or legal custodian, or Indian custodian of the allegations that have been made or may be made, the nature and possible consequences of this hearing as compared to possible future hearings, the right to present, confront, and cross-examine witnesses, and the right to present witnesses and, in the case of a parent or Indian custodian of an Indian juvenile, the right to counsel under s. 938.028 (4) (b).

SB572, s. 265 Section 265. 938.21 (3) (e) of the statutes is amended to read:

SB572,130,3 938.21 (3) (e) If the parent, guardian, or legal custodian, Indian custodian, or the juvenile is not represented by counsel at the hearing and if the juvenile is continued in custody as a result of the hearing, the parent, guardian, legal custodian, Indian custodian, or juvenile may request through counsel subsequently appointed or retained or through a guardian ad litem that the order to hold the juvenile in custody be reheard. If the request is made, a rehearing shall take place as soon as possible. An order to hold the juvenile in custody shall be reheard for good cause, whether or not counsel was present.

SB572, s. 266 Section 266. 938.21 (5) (d) 1. of the statutes is renumbered 938.21 (5) (d) and amended to read:

SB572,130,11 938.21 (5) (d) If the court finds that any of the circumstances specified in s. 938.355 (2d) (b) 1. to 4. applies with respect to a parent, the court shall hold a hearing under s. 938.38 (4m) within 30 days after the date of that finding to determine the permanency plan for the juvenile. If a hearing is held under this subdivision, the agency responsible for preparing the permanency plan shall file the permanency plan with the court not less than 5 days before the date of the hearing.

SB572, s. 267 Section 267. 938.21 (5) (d) 2. of the statutes is repealed.

SB572, s. 268 Section 268. 938.21 (5) (d) 3. of the statutes is repealed.

SB572, s. 269 Section 269. 938.23 (2g) of the statutes is created to read:

SB572,130,20 938.23 (2g) Right of Indian juvenile's parent or Indian custodian to counsel. Whenever an Indian juvenile is the subject of a proceeding under s. 938.13 (4), (6), (6m), or (7) involving the removal of the Indian juvenile from his or her home or the placement of the Indian juvenile in an out-of-home care placement, the Indian juvenile's parent or Indian custodian shall have the right to be represented by court-appointed counsel as provided in sub. (4).

SB572, s. 270 Section 270. 938.23 (4) of the statutes is amended to read:

SB572,131,11 938.23 (4) Providing counsel. If a juvenile has a right to be represented by counsel or is provided counsel at the discretion of the court under this section and counsel is not knowingly and voluntarily waived, the court shall refer the juvenile to the state public defender and counsel shall be appointed by the state public defender under s. 977.08 without a determination of indigency. In any situation under sub. (2g) in which a parent 18 years of age or over is entitled to representation by counsel; counsel is not knowingly and voluntarily waived; and it appears that the parent is unable to afford counsel in full, or the parent so indicates; the court shall refer the parent to the authority for indigency determinations specified under s. 977.07 (1). In any other situation under this section in which a person has a right to be represented by counsel or is provided counsel at the discretion of the court, competent and independent counsel shall be provided and reimbursed in any manner suitable to the court regardless of the person's ability to pay, except that the court may not order a person who files a petition under s. 813.122 or 813.125 to reimburse counsel for the juvenile who is named as the respondent in that petition.

SB572, s. 271 Section 271. 938.235 (4) (a) 7. of the statutes is amended to read:

SB572,131,14 938.235 (4) (a) 7. Petition for relief from a judgment terminating parental rights under s. 48.028 or 48.46.

SB572, s. 272 Section 272. 938.24 (2r) (title) of the statutes is amended to read:

SB572,131,16 938.24 (2r) (title) American Indian juvenile; notification of tribal court.

SB572, s. 273 Section 273. 938.24 (2r) (a) (intro.) of the statutes is amended to read:

SB572,131,24 938.24 (2r) (a) (intro.) If the intake worker determines as a result of the intake inquiry that the juvenile is an American Indian juvenile who has allegedly committed a delinquent act and that all of the following circumstances apply, the intake worker shall promptly notify the clerk of the tribal court under subd. 1., a person who serves as the tribal juvenile intake worker, or a tribal prosecuting attorney that the juvenile has allegedly committed a delinquent act under those circumstances:

SB572, s. 274 Section 274. 938.24 (2r) (a) 1. of the statutes is amended to read:

SB572,132,4 938.24 (2r) (a) 1. At the time of the delinquent act the juvenile was under an order of a tribe's tribal court, other than a tribal court order relating to adoption, physical placement or visitation with the juvenile's parent, or permanent guardianship.

SB572, s. 275 Section 275. 938.24 (2r) (a) 2. of the statutes is amended to read:

SB572,132,12 938.24 (2r) (a) 2. At the time of the delinquent act the juvenile was physically outside the boundaries of that tribe's the reservation of the Indian tribe of the tribal court and any off-reservation trust land of either that Indian tribe or a member of that Indian tribe as a direct consequence of a tribal court order under subd. 1., including a tribal court order placing the juvenile in the home of a relative of the juvenile who on or after the date of the tribal court order resides physically outside the boundaries of a reservation and off-reservation trust land.

SB572, s. 276 Section 276. 938.24 (2r) (b) of the statutes is amended to read:

SB572,132,24 938.24 (2r) (b) If the intake worker is notified by an official of the Indian tribe that a petition relating to the delinquent act has been or may be filed in tribal court, the intake worker shall consult with tribal officials, unless the intake worker determines under sub. (4) that the case should be closed. After the consultation, the intake worker shall determine whether the best interests of the juvenile and of the public would be served by having the matter proceed solely in tribal court. If the intake worker determines that the best interests of the juvenile and of the public would be served by having the matter proceed solely in tribal court, the intake worker shall close the case. If the intake worker determines that the best interests of the juvenile and of the public would not be served by having the matter proceed solely in tribal court, the intake worker shall proceed under sub. (3) or (4).

SB572, s. 277 Section 277. 938.243 (1) (e) of the statutes is amended to read:

SB572,133,1 938.243 (1) (e) The right of the juvenile to counsel under s. 938.23.

SB572, s. 278 Section 278. 938.25 (2g) (title) of the statutes is amended to read:

SB572,133,3 938.25 (2g) (title) American Indian juvenile; consultation with tribal court.

SB572, s. 279 Section 279. 938.255 (1) (cm) of the statutes is amended to read:

SB572,133,9 938.255 (1) (cm) If the petition is initiating proceedings other than proceedings under s. 938.12, 938.125 or 938.13 (12) under s. 938.13 (4), (6), (6m), or (7), whether the juvenile may be subject to the federal Indian Child Welfare Act, 25 USC 1901 to 1963, and, if the juvenile may be subject to that act, the names and addresses of the juvenile's Indian custodian, if any, and Indian tribe, if known.

SB572, s. 280 Section 280. 938.255 (1) (cr) 1. a. of the statutes is amended to read:

SB572,133,11 938.255 (1) (cr) 1. a. The juvenile is an American Indian juvenile.

SB572, s. 281 Section 281. 938.255 (1) (cr) 1. b. of the statutes is amended to read:

SB572,133,16 938.255 (1) (cr) 1. b. At the time of the alleged delinquent act, the juvenile was under an order of a tribe's tribal court, other than a tribal court order relating to adoption, physical placement or visitation with the juvenile's parent, or permanent guardianship.

SB572, s. 282 Section 282. 938.255 (1) (cr) 1. c. of the statutes is amended to read:

SB572,133,24 938.255 (1) (cr) 1. c. At the time of the delinquent act the juvenile was physically outside the boundaries of that tribe's the reservation of the Indian tribe of the tribal court and any off-reservation trust land of either that Indian tribe or a member of that Indian tribe as a direct consequence of a tribal court order under subd. 1. b., including a tribal court order placing the juvenile in the home of a relative of the juvenile who on or after the date of the tribal court order resides physically outside the boundaries of a reservation and off-reservation trust land.

SB572, s. 283 Section 283. 938.255 (1) (cr) 2. of the statutes is amended to read:

SB572,134,5 938.255 (1) (cr) 2. If the statement under subd. 1. is included in the petition and if the intake worker, district attorney, or corporation counsel has been notified by an official of the Indian tribe that a petition relating to the delinquent act has been or may be filed in tribal court with respect to the alleged delinquent act, a statement to that effect.

SB572, s. 284 Section 284. 938.255 (1) (g) of the statutes is created to read:

SB572,134,18 938.255 (1) (g) If the juvenile is or may be an Indian juvenile and is alleged to come within the provisions of s. 938.13 (4), (6), (6m), or (7), reliable and credible information showing that continued custody of the juvenile by the juvenile's parent or Indian custodian is likely to result in serious emotional or physical damage to the juvenile under s. 938.028 (4) (d) 1. and reliable and credible information showing that the person who took the juvenile into custody and the intake worker have made active efforts under s. 938.028 (4) (d) 2. to prevent the breakup of the Indian family and that those efforts have proved unsuccessful. If the juvenile is or may be an Indian juvenile, is alleged to come within the provisions of s. 938.13 (4), (6), (6m), or (7), and is being held in custody outside of his or her home, the petition shall set forth with specificity both the information required under this paragraph and the information required under par. (f).

SB572, s. 285 Section 285. 938.255 (2) of the statutes is amended to read:

SB572,134,21 938.255 (2) If any of the facts in sub. (1) (a) to (cr) and, (f), and (g) are not known or cannot be ascertained by the petitioner, the petition shall so state.

SB572, s. 286 Section 286. 938.255 (4) of the statutes is amended to read:

SB572,135,2 938.255 (4) Copy to juvenile, parents, and others. A copy of the petition shall be given to the juvenile and to the parents, guardian, legal custodian and physical custodian. If the juvenile is an Indian juvenile who is alleged to come within the provisions of s. 938.13 (4), (6), (6m), or (7), a copy of the petition shall also be given to the Indian juvenile's Indian custodian and tribe.

SB572, s. 287 Section 287. 938.27 (3) (a) 1. of the statutes is amended to read:

SB572,135,16 938.27 (3) (a) 1. The court shall notify, under s. 938.273, the juvenile, any parent, guardian, and legal custodian of the juvenile, any foster parent, treatment foster parent, or other physical custodian described in s. 48.62 (2) of the juvenile, and any person specified in par. (b) or (d), if applicable, of all hearings involving the juvenile under this subchapter, except hearings on motions for which notice must be provided only to the juvenile and his or her counsel. If parents entitled to notice have the same place of residence, notice to one constitutes notice to the other. The first notice to any interested party, foster parent, treatment foster parent, or other physical custodian described in s. 48.62 (2) shall be in writing and may have a copy of the petition attached to it. Notices of subsequent hearings may be given by telephone at least 72 hours before the time of the hearing. The person giving telephone notice shall place in the case file a signed statement of the date and time notice was given and the person to whom he or she spoke.

SB572, s. 288 Section 288. 938.27 (3) (d) of the statutes is created to read:

SB572,135,21 938.27 (3) (d) If the petition that was filed relates to facts concerning a situation under s. 938.13 (4), (6), (6m), or (7) involving an Indian juvenile, the court shall notify, under s. 938.273, the Indian juvenile's Indian custodian and tribe and that Indian custodian or tribe may intervene at any point in the proceeding.

SB572, s. 289 Section 289. 938.27 (4) (b) of the statutes is amended to read:

SB572,135,24 938.27 (4) (b) Advise the juvenile and any other party, if applicable, of his or her right to legal counsel regardless of ability to pay.

SB572, s. 290 Section 290. 938.273 (1) (a) of the statutes of the statutes is amended to read:

SB572,136,3 938.273 (1) (a) Service Except as provided in pars. (ag), (ar), and (b), service of summons or notice required by s. 938.27 may be made by mailing a copy of the summons or notice to the persons person summoned or notified. If

SB572,136,10 (ar) Except as provided in par. (b), if the persons person, other than a person specified in s. 938.27 (4m), fail fails to appear at the hearing or otherwise to acknowledge service, a continuance shall be granted, except as provided in par. (b), and service shall be made personally by delivering to the persons person a copy of the summons or notice; except that if the court determines that it is impracticable to serve the summons or notice personally, it the court may order service by certified mail addressed to the last-known addresses address of the persons person.

SB572, s. 291 Section 291. 938.273 (1) (ag) of the statutes is created to read:

SB572,136,14 938.273 (1) (ag) In a proceeding under s. 938.13 (4), (6), (6m), or (7), service of summons or notice required by s. 938.27 to an Indian juvenile's parent, Indian custodian, or tribe shall be made as provided in s. 938.028 (4) (a).

SB572, s. 292 Section 292. 938.273 (1) (b) of the statutes is amended to read:

SB572,136,19 938.273 (1) (b) The court may refuse to grant a continuance when the juvenile is being held in secure custody, but if the court so refuses, it the court shall order that service of notice of the next hearing be made personally or by certified mail to the last-known address of the person who failed to appear at the hearing.

SB572, s. 293 Section 293. 938.273 (1) (c) of the statutes is renumbered 938.273 (1) (c) (intro.) and amended to read:

SB572,136,24 938.273 (1) (c) (intro.) Personal service shall be made at least 72 hours before the hearing. Mail shall be sent at least 7 days before the hearing, except that when as follows:

SB572,137,2 1. When the petition is filed under s. 938.13 and the person to be notified lives outside the state, the mail shall be sent at least 14 days before the hearing.

SB572, s. 294 Section 294. 938.273 (1) (c) 2. of the statutes is created to read:

SB572,137,8 938.273 (1) (c) 2. When a petition under s. 938.13 (4), (6), (6m), or (7) involves an Indian juvenile and the person to be notified is the Indian juvenile's parent, Indian custodian, or tribe, the mail shall be sent so that it is received by the person to be notified at least 10 days before the time of the hearing or by the U.S. secretary of the interior at least 25 days before the time of the hearing.

SB572, s. 295 Section 295. 938.299 (6) (d) of the statutes is amended to read:

SB572,137,17 938.299 (6) (d) The court may stay the proceedings under this chapter pending the outcome of the paternity proceedings under subch. IX of ch. 767 if the court determines that the paternity proceedings will not unduly delay the proceedings under this chapter and the determination of paternity is necessary to the court's disposition of the juvenile if the juvenile is found to be in need of protection or services or if the court determines that the paternity proceedings may result in a finding that the juvenile is an Indian juvenile and in a petition by the juvenile's parent, Indian custodian, or tribe for transfer of the proceeding to the jurisdiction of the tribe.

SB572, s. 296 Section 296. 938.299 (9) (title) of the statutes is amended to read:

SB572,137,19 938.299 (9) (title) American Indian juvenile; tribal court involvement.

SB572, s. 297 Section 297. 938.299 (9) (a) of the statutes is amended to read:

SB572,138,2 938.299 (9) (a) If a petition under s. 938.12 or 938.13 (12) includes the statement in s. 938.255 (1) (cr) 2. or if the court is informed during a proceeding under s. 938.12 or 938.13 (12) that a petition relating to the delinquent act has been filed in a tribe's tribal court with respect to a juvenile to whom the circumstances specified in s. 938.255 (1) (cr) 1. apply, the court shall stay the proceeding and communicate with the tribal court in which the other proceeding is or may be pending to discuss which court is the more appropriate forum.

SB572, s. 298 Section 298. 938.299 (10) of the statutes is created to read:

SB572,138,12 938.299 (10) If at any point in a proceeding under s. 938.13 (4), (6), (6m), or (7) the court determines that the juvenile is or may be an Indian juvenile, the court shall provide notice of the proceeding to the juvenile's parent, Indian custodian, and tribe in the manner specified in s. 938.028 (4) (a). The next hearing in the proceeding may not be held until at least 10 days after receipt of the notice by the parent, Indian custodian, and tribe or until at least 25 days after receipt of the notice by the U.S. secretary of the interior. On request of the parent, Indian custodian, or tribe, the court shall grant a continuance of up to 20 additional days to enable the requester to prepare for that hearing.

SB572, s. 299 Section 299. 938.30 (1) of the statutes is amended to read:

SB572,138,25 938.30 (1) Time of hearing. Except as provided in this subsection and s. 938.299 (10), the hearing to determine the juvenile's plea to a citation or a petition under s. 938.12, 938.125, or 938.13 (12) or (14), or to determine whether any party wishes to contest an allegation that the juvenile is in need of protection or services under s. 938.13 (4), (6), (6m), or (7) or (14) shall take place on a date which allows reasonable time for the parties to prepare but is within 30 days after the filing of a petition or issuance of a citation for a juvenile who is not being held in secure custody or within 10 days after the filing of a petition or issuance of a citation for a juvenile who is being held in secure custody. In a municipal court operated jointly by 2 or more cities, towns or villages under s. 755.01 (4), the hearing to determine the juvenile's plea shall take place within 45 days after the filing of a petition or issuance of a citation for a juvenile who is not being held in secure custody.

SB572, s. 300 Section 300. 938.30 (2) of the statutes is amended to read:

SB572,139,9 938.30 (2) Information to juvenile and parents; basic rights; substitution. At or before the commencement of the hearing under this section the juvenile and the parent, guardian, or legal custodian, or Indian custodian shall be advised of their rights as specified in s. 938.243 and shall be informed that the hearing shall be to the court and that a request for a substitution of judge under s. 938.29 must be made before the end of the plea hearing or is waived. Nonpetitioning parties, including the juvenile, shall be granted a continuance of the plea hearing if they wish to consult with an attorney on the request for a substitution of a judge.

SB572, s. 301 Section 301. 938.30 (6) (a) of the statutes is amended to read:

SB572,139,17 938.30 (6) (a) If a petition is not contested, the court, subject to s. 938.299 (10), shall set a date for the dispositional hearing which allows reasonable time for the parties to prepare but is no more than 10 days from the plea hearing for a juvenile who is held in secure custody and no more than 30 days from the plea hearing for a juvenile who is not held in secure custody. If all parties consent the court may proceed immediately with the dispositional hearing. If a citation is not contested, the court may proceed immediately to enter a dispositional order.

SB572, s. 302 Section 302. 938.30 (7) of the statutes is amended to read: