SB288, s. 279 13Section 279. 938.21 (3) (d) of the statutes is amended to read:
SB288,147,2114 938.21 (3) (d) Prior to the commencement of the hearing, the court shall inform
15the parent, guardian, or legal custodian, or Indian custodian of the allegations that
16have been made or may be made, the nature and possible consequences of this
17hearing as compared to possible future hearings, the right to present, confront, and
18cross-examine witnesses, and the right to present witnesses and, in the case of a
19parent or Indian custodian of an Indian juvenile who is the subject of an Indian
20juvenile custody proceeding, as defined in s. 938.028 (2) (b), the right to counsel under
21s. 938.028 (4) (b)
.
SB288, s. 280 22Section 280. 938.21 (3) (e) of the statutes is amended to read:
SB288,148,523 938.21 (3) (e) If the parent, guardian, or legal custodian, Indian custodian, or
24the juvenile is not represented by counsel at the hearing and if the juvenile is
25continued in custody as a result of the hearing, the parent, guardian, legal custodian,

1Indian custodian,
or juvenile may request through counsel subsequently appointed
2or retained or through a guardian ad litem that the order to hold the juvenile in
3custody be reheard. If the request is made, a rehearing shall take place as soon as
4possible. An order to hold the juvenile in custody shall be reheard for good cause,
5whether or not counsel was present.
SB288, s. 281 6Section 281. 938.21 (5) (d) 1. of the statutes is renumbered 938.21 (5) (d) and
7amended to read:
SB288,148,138 938.21 (5) (d) If the court finds that any of the circumstances specified in s.
9938.355 (2d) (b) 1. to 4. applies with respect to a parent, the court shall hold a hearing
10under s. 938.38 (4m) within 30 days after the date of that finding to determine the
11permanency plan for the juvenile. If a hearing is held under this subdivision, the
12agency responsible for preparing the permanency plan shall file the permanency
13plan with the court not less than 5 days before the date of the hearing.
SB288, s. 282 14Section 282. 938.21 (5) (d) 2. of the statutes, as affected by 2009 Wisconsin Act
1528
, is repealed.
SB288, s. 283 16Section 283. 938.21 (5) (d) 3. of the statutes, as affected by 2009 Wisconsin Act
1728
, is repealed.
SB288, s. 284 18Section 284. 938.23 (2g) of the statutes is created to read:
SB288,148,2419 938.23 (2g) Right of Indian juvenile's parent or Indian custodian to counsel.
20Whenever an Indian juvenile is the subject of a proceeding under s. 938.13 (4), (6),
21(6m), or (7) involving the removal of the Indian juvenile from the home of his or her
22parent or Indian custodian or the placement of the Indian juvenile in an out-of-home
23care placement, the Indian juvenile's parent or Indian custodian shall have the right
24to be represented by counsel as provided in sub. (4).
SB288, s. 285 25Section 285. 938.23 (3) of the statutes is amended to read:
SB288,149,6
1938.23 (3) Power of the court to appoint counsel. Except as provided in this
2subsection, at any time, upon request or on its own motion, the court may appoint
3counsel for the juvenile or any party, unless the juvenile or the party has or wishes
4to retain counsel of his or her own choosing. The Except as provided in sub. (2g), the
5court may not appoint counsel for any party other than the juvenile in a proceeding
6under s. 938.13.
SB288, s. 286 7Section 286. 938.23 (4) of the statutes is amended to read:
SB288,149,228 938.23 (4) Providing counsel. If a juvenile has a right to be represented by
9counsel or is provided counsel at the discretion of the court under this section and
10counsel is not knowingly and voluntarily waived, the court shall refer the juvenile
11to the state public defender and counsel shall be appointed by the state public
12defender under s. 977.08 without a determination of indigency. In any situation
13under sub. (2g) in which a parent 18 years of age or over is entitled to representation
14by counsel; counsel is not knowingly and voluntarily waived; and it appears that the
15parent is unable to afford counsel in full, or the parent so indicates; the court shall
16refer the parent to the authority for indigency determinations specified under s.
17977.07 (1).
In any other situation under this section in which a person has a right
18to be represented by counsel or is provided counsel at the discretion of the court,
19competent and independent counsel shall be provided and reimbursed in any
20manner suitable to the court regardless of the person's ability to pay, except that the
21court may not order a person who files a petition under s. 813.122 or 813.125 to
22reimburse counsel for the juvenile who is named as the respondent in that petition.
SB288, s. 287 23Section 287. 938.235 (4) (a) 7. of the statutes is amended to read:
SB288,149,2524 938.235 (4) (a) 7. Petition for relief from a judgment terminating parental
25rights under s. 48.028 or 48.46.
SB288, s. 288
1Section 288. 938.24 (2r) (title) of the statutes is amended to read:
SB288,150,22 938.24 (2r) (title) American Indian juvenile; notification of tribal court.
SB288, s. 289 3Section 289. 938.24 (2r) (a) (intro.) of the statutes is amended to read:
SB288,150,104 938.24 (2r) (a) (intro.) If the intake worker determines as a result of the intake
5inquiry that the juvenile is an American Indian juvenile who has allegedly
6committed a delinquent act and that all of the following circumstances apply, the
7intake worker shall promptly notify the clerk of the tribal court under subd. 1., a
8person who serves as the tribal juvenile intake worker, or a tribal prosecuting
9attorney that the juvenile has allegedly committed a delinquent act under those
10circumstances:
SB288, s. 290 11Section 290. 938.24 (2r) (a) 1. of the statutes is amended to read:
SB288,150,1512 938.24 (2r) (a) 1. At the time of the delinquent act the juvenile was under an
13order of a tribe's tribal court, other than a tribal court order relating to adoption,
14physical placement or visitation with the juvenile's parent, or permanent
15guardianship.
SB288, s. 291 16Section 291. 938.24 (2r) (a) 2. of the statutes is amended to read:
SB288,150,2317 938.24 (2r) (a) 2. At the time of the delinquent act the juvenile was physically
18outside the boundaries of that tribe's the reservation of the Indian tribe of the tribal
19court
and any off-reservation trust land of either that Indian tribe or a member of
20that Indian tribe as a direct consequence of a tribal court order under subd. 1.,
21including a tribal court order placing the juvenile in the home of a relative of the
22juvenile who on or after the date of the tribal court order resides physically outside
23the boundaries of a reservation and off-reservation trust land.
SB288, s. 292 24Section 292. 938.24 (2r) (b) of the statutes is amended to read:
SB288,151,11
1938.24 (2r) (b) If the intake worker is notified by an official of the Indian tribe
2that a petition relating to the delinquent act has been or may be filed in tribal court,
3the intake worker shall consult with tribal officials, unless the intake worker
4determines under sub. (4) that the case should be closed. After the consultation, the
5intake worker shall determine whether the best interests of the juvenile and of the
6public would be served by having the matter proceed solely in tribal court. If the
7intake worker determines that the best interests of the juvenile and of the public
8would be served by having the matter proceed solely in tribal court, the intake
9worker shall close the case. If the intake worker determines that the best interests
10of the juvenile and of the public would not be served by having the matter proceed
11solely in tribal court, the intake worker shall proceed under sub. (3) or (4).
SB288, s. 293 12Section 293. 938.243 (1) (e) of the statutes is amended to read:
SB288,151,1313 938.243 (1) (e) The right of the juvenile to counsel under s. 938.23.
SB288, s. 294 14Section 294. 938.25 (2g) (title) of the statutes is amended to read:
SB288,151,1515 938.25 (2g) (title) American Indian juvenile; consultation with tribal court.
SB288, s. 295 16Section 295. 938.255 (1) (cm) of the statutes is amended to read:
SB288,151,2117 938.255 (1) (cm) If the petition is initiating proceedings other than proceedings
18under s. 938.12, 938.125 or 938.13 (12)
under s. 938.13 (4), (6), (6m), or (7), whether
19the juvenile may be subject to the federal Indian Child Welfare Act, 25 USC 1901 to
201963, and, if the juvenile may be subject to that act, the names and addresses of the
21juvenile's Indian custodian, if any, and Indian tribe, if known
.
SB288, s. 296 22Section 296. 938.255 (1) (cr) 1. a. of the statutes is amended to read:
SB288,151,2323 938.255 (1) (cr) 1. a. The juvenile is an American Indian juvenile.
SB288, s. 297 24Section 297. 938.255 (1) (cr) 1. b. of the statutes is amended to read:
SB288,152,4
1938.255 (1) (cr) 1. b. At the time of the alleged delinquent act, the juvenile was
2under an order of a tribe's tribal court, other than a tribal court order relating to
3adoption, physical placement or visitation with the juvenile's parent, or permanent
4guardianship.
SB288, s. 298 5Section 298. 938.255 (1) (cr) 1. c. of the statutes is amended to read:
SB288,152,126 938.255 (1) (cr) 1. c. At the time of the delinquent act the juvenile was
7physically outside the boundaries of that tribe's the reservation of the Indian tribe
8of the tribal court
and any off-reservation trust land of either that Indian tribe or a
9member of that Indian tribe as a direct consequence of a tribal court order under
10subd. 1. b., including a tribal court order placing the juvenile in the home of a relative
11of the juvenile who on or after the date of the tribal court order resides physically
12outside the boundaries of a reservation and off-reservation trust land.
SB288, s. 299 13Section 299. 938.255 (1) (cr) 2. of the statutes is amended to read:
SB288,152,1814 938.255 (1) (cr) 2. If the statement under subd. 1. is included in the petition and
15if the intake worker, district attorney, or corporation counsel has been notified by an
16official of the Indian tribe that a petition relating to the delinquent act has been or
17may be filed in tribal court with respect to the alleged delinquent act, a statement
18to that effect.
SB288, s. 300 19Section 300. 938.255 (1) (g) of the statutes is created to read:
SB288,153,520 938.255 (1) (g) If the petitioner knows or has reason to know that the juvenile
21is an Indian juvenile, if the juvenile is alleged to come within the provisions of s.
22938.13 (4), (6), (6m), or (7), and if the juvenile has been removed from the home of his
23or her parent or Indian custodian, reliable and credible information showing that
24continued custody of the juvenile by the juvenile's parent or Indian custodian is likely
25to result in serious emotional or physical damage to the juvenile under s. 938.028 (4)

1(d) 1. and reliable and credible information showing that active efforts under s.
2938.028 (4) (d) 2. have been made to prevent the breakup of the Indian juvenile's
3family and that those efforts have proved unsuccessful. The petition shall set forth
4with specificity both the information required under this paragraph and the
5information required under par. (f).
SB288, s. 301 6Section 301. 938.255 (2) of the statutes is amended to read:
SB288,153,87 938.255 (2) If any of the facts in sub. (1) (a) to (cr) and, (f), and (g) are not known
8or cannot be ascertained by the petitioner, the petition shall so state.
SB288, s. 302 9Section 302. 938.255 (4) of the statutes is amended to read:
SB288,153,1510 938.255 (4) Copy to juvenile, parents, and others. A copy of the petition shall
11be given to the juvenile and to the parents, guardian, legal custodian and physical
12custodian. If the juvenile is an Indian juvenile who is alleged to come within the
13provisions of s. 938.13 (4), (6), (6m), or (7), and who has been removed from the home
14of his or her parent or Indian custodian, a copy of the petition shall also be given to
15the Indian juvenile's Indian custodian and tribe.
SB288, s. 303 16Section 303. 938.27 (3) (a) 1. of the statutes is amended to read:
SB288,154,417 938.27 (3) (a) 1. The court shall notify, under s. 938.273, the juvenile, any
18parent, guardian, and legal custodian of the juvenile, any foster parent, treatment
19foster parent, or other physical custodian described in s. 48.62 (2) of the juvenile, and
20any person specified in par. (b) or (d), if applicable, of all hearings involving the
21juvenile under this subchapter, except hearings on motions for which notice must be
22provided only to the juvenile and his or her counsel. If parents entitled to notice have
23the same place of residence, notice to one constitutes notice to the other. The first
24notice to any interested party, foster parent, treatment foster parent, or other
25physical custodian described in s. 48.62 (2) shall be in writing and may have a copy

1of the petition attached to it. Notices of subsequent hearings may be given by
2telephone at least 72 hours before the time of the hearing. The person giving
3telephone notice shall place in the case file a signed statement of the date and time
4notice was given and the person to whom he or she spoke.
SB288, s. 304 5Section 304. 938.27 (3) (a) 1. of the statutes, as affected by 2009 Wisconsin Acts
628
and .... (this act), is repealed and recreated to read:
SB288,154,197 938.27 (3) (a) 1. The court shall notify, under s. 938.273, the juvenile, any
8parent, guardian, and legal custodian of the juvenile, any foster parent or other
9physical custodian described in s. 48.62 (2) of the juvenile, and any person specified
10in par. (b) or (d), if applicable, of all hearings involving the juvenile under this
11subchapter, except hearings on motions for which notice must be provided only to the
12juvenile and his or her counsel. If parents entitled to notice have the same place of
13residence, notice to one constitutes notice to the other. The first notice to any
14interested party, foster parent, or other physical custodian described in s. 48.62 (2)
15shall be in writing and may have a copy of the petition attached to it. Notices of
16subsequent hearings may be given by telephone at least 72 hours before the time of
17the hearing. The person giving telephone notice shall place in the case file a signed
18statement of the date and time notice was given and the person to whom he or she
19spoke.
SB288, s. 305 20Section 305. 938.27 (3) (d) of the statutes is created to read:
SB288,154,2521 938.27 (3) (d) If the petition that was filed relates to facts concerning a situation
22under s. 938.13 (4), (6), (6m), or (7) involving an Indian juvenile who has been
23removed from the home of his or her parent or Indian custodian, the court shall notify,
24under s. 938.273, the Indian juvenile's Indian custodian and tribe and that Indian
25custodian or tribe may intervene at any point in the proceeding.
SB288, s. 306
1Section 306. 938.27 (4) (b) of the statutes is amended to read:
SB288,155,32 938.27 (4) (b) Advise the juvenile and any other party, if applicable, of his or
3her right to legal counsel regardless of ability to pay.
SB288, s. 307 4Section 307. 938.273 (1) (a) of the statutes of the statutes is amended to read:
SB288,155,75 938.273 (1) (a) Service Except as provided in pars. (ag), (ar), and (b), service of
6summons or notice required by s. 938.27 may be made by mailing a copy of the
7summons or notice
to the persons person summoned or notified. If
SB288,155,14 8(ar) Except as provided in par. (b), if the persons person, other than a person
9specified in s. 938.27 (4m), fail fails to appear at the hearing or otherwise to
10acknowledge service, a continuance shall be granted, except as provided under par.
11(b)
, and service shall be made personally by delivering to the persons person a copy
12of the summons or notice; except that if the court determines that it is impracticable
13to serve the summons or notice personally, it the court may order service by certified
14mail addressed to the last-known addresses address of the persons person.
SB288, s. 308 15Section 308. 938.273 (1) (ag) of the statutes is created to read:
SB288,155,1816 938.273 (1) (ag) In a situation described in s. 938.27 (3) (d), service of summons
17or notice required by s. 938.27 to an Indian juvenile's parent, Indian custodian, or
18tribe shall be made as provided in s. 938.028 (4) (a).
SB288, s. 309 19Section 309. 938.273 (1) (b) of the statutes is amended to read:
SB288,155,2320 938.273 (1) (b) The court may refuse to grant a continuance when the juvenile
21is being held in secure custody, but if the court so refuses, it the court shall order that
22service of notice of the next hearing be made personally or by certified mail to the
23last-known address of the person who failed to appear at the hearing.
SB288, s. 310 24Section 310. 938.273 (1) (c) of the statutes is renumbered 938.273 (1) (c)
25(intro.) and amended to read:
SB288,156,3
1938.273 (1) (c) (intro.) Personal service shall be made at least 72 hours before
2the hearing. Mail shall be sent at least 7 days before the hearing, except that when
3as follows:
SB288,156,5 41. When the petition is filed under s. 938.13 and the person to be notified lives
5outside the state, the mail shall be sent at least 14 days before the hearing.
SB288, s. 311 6Section 311. 938.273 (1) (c) 2. of the statutes is created to read:
SB288,156,137 938.273 (1) (c) 2. When a petition under s. 938.13 (4), (6), (6m), or (7) involves
8an Indian juvenile who has been removed from the home of his or her parent or
9Indian custodian and the person to be notified is the Indian juvenile's parent, Indian
10custodian, or tribe, the mail shall be sent so that it is received by the person to be
11notified at least 10 days before the hearing or, if the identity or location of the person
12to be notified cannot be determined by the U.S. secretary of the interior at least 10
13days before the hearing.
SB288, s. 312 14Section 312. 938.299 (6) (d) of the statutes is amended to read:
SB288,156,2315 938.299 (6) (d) The court may stay the proceedings under this chapter pending
16the outcome of the paternity proceedings under subch. IX of ch. 767 if the court
17determines that the paternity proceedings will not unduly delay the proceedings
18under this chapter and the determination of paternity is necessary to the court's
19disposition of the juvenile if the juvenile is found to be in need of protection or services
20or if the court determines or has reason to know that the paternity proceedings may
21result in a finding that the juvenile is an Indian juvenile and in a petition by the
22juvenile's parent, Indian custodian, or tribe for transfer of the proceeding to the
23jurisdiction of the tribe
.
SB288, s. 313 24Section 313. 938.299 (9) (title) of the statutes is amended to read:
SB288,156,2525 938.299 (9) (title) American Indian juvenile; tribal court involvement.
SB288, s. 314
1Section 314. 938.299 (9) (a) of the statutes is amended to read:
SB288,157,82 938.299 (9) (a) If a petition under s. 938.12 or 938.13 (12) includes the
3statement in s. 938.255 (1) (cr) 2. or if the court is informed during a proceeding under
4s. 938.12 or 938.13 (12) that a petition relating to the delinquent act has been filed
5in a tribe's tribal court with respect to a juvenile to whom the circumstances specified
6in s. 938.255 (1) (cr) 1. apply, the court shall stay the proceeding and communicate
7with the tribal court in which the other proceeding is or may be pending to discuss
8which court is the more appropriate forum.
SB288, s. 315 9Section 315. 938.299 (10) of the statutes is created to read:
SB288,157,1910 938.299 (10) If at any point in a proceeding under s. 938.13 (4), (6), (6m), or (7)
11the court determines or has reason to know that the juvenile is an Indian juvenile,
12the court shall provide notice of the proceeding to the juvenile's parent, Indian
13custodian, and tribe in the manner specified in s. 938.028 (4) (a). The next hearing
14in the proceeding may not be held until at least 10 days after receipt of the notice by
15the parent, Indian custodian, and tribe or, if the identity or location of the parent,
16Indian custodian, or tribe cannot be determined, until at least 10 days after receipt
17of the notice by the U.S. secretary of the interior. On request of the parent, Indian
18custodian, or tribe, the court shall grant a continuance of up to 20 additional days
19to enable the requester to prepare for that hearing.
SB288, s. 316 20Section 316. 938.30 (1) of the statutes is amended to read:
SB288,158,721 938.30 (1) Time of hearing. Except as provided in this subsection and s.
22938.299 (10)
, the hearing to determine the juvenile's plea to a citation or a petition
23under s. 938.12, 938.125, or 938.13 (12) or (14), or to determine whether any party
24wishes to contest an allegation that the juvenile is in need of protection or services
25under s. 938.13 (4), (6), (6m), or (7) or (14) shall take place on a date which allows

1reasonable time for the parties to prepare but is within 30 days after the filing of a
2petition or issuance of a citation for a juvenile who is not being held in secure custody
3or within 10 days after the filing of a petition or issuance of a citation for a juvenile
4who is being held in secure custody. In a municipal court operated jointly by 2 or more
5cities, towns or villages under s. 755.01 (4), the hearing to determine the juvenile's
6plea shall take place within 45 days after the filing of a petition or issuance of a
7citation for a juvenile who is not being held in secure custody.
SB288, s. 317 8Section 317. 938.30 (2) of the statutes is amended to read:
SB288,158,169 938.30 (2) Information to juvenile and parents; basic rights; substitution.
10At or before the commencement of the hearing under this section the juvenile and
11the parent, guardian, or legal custodian, or Indian custodian shall be advised of their
12rights as specified in s. 938.243 and shall be informed that the hearing shall be to the
13court and that a request for a substitution of judge under s. 938.29 must be made
14before the end of the plea hearing or is waived. Nonpetitioning parties, including the
15juvenile, shall be granted a continuance of the plea hearing if they wish to consult
16with an attorney on the request for a substitution of a judge.
SB288, s. 318 17Section 318. 938.30 (6) (a) of the statutes is amended to read:
SB288,158,2518 938.30 (6) (a) If a petition is not contested, the court, subject to s. 938.299 (10),
19shall set a date for the dispositional hearing which allows reasonable time for the
20parties to prepare but is no more than 10 days from the plea hearing for a juvenile
21who is held in secure custody and no more than 30 days from the plea hearing for a
22juvenile who is not held in secure custody. If Subject to s. 938.299 (10), if all parties
23consent, the court may proceed immediately with the dispositional hearing. If a
24citation is not contested, the court may proceed immediately to enter a dispositional
25order.
SB288, s. 319
1Section 319. 938.30 (7) of the statutes is amended to read:
SB288,159,72 938.30 (7) Contested petitions or citations; date for fact-finding hearing.
3If the petition or citation is contested, the court, subject to s. 938.299 (10), shall set
4a date for the fact-finding hearing that allows a reasonable time for the parties to
5prepare but is no more than 20 days from after the plea hearing for a juvenile who
6is held in secure custody and no more than 30 days from after the plea hearing for
7a juvenile who is not held in secure custody.
SB288, s. 320 8Section 320. 938.305 of the statutes is amended to read:
SB288,159,16 9938.305 Hearing upon the involuntary removal of a juvenile.
10Notwithstanding other time periods for hearings under this chapter, if a juvenile is
11removed from the physical custody of the juvenile's parent or guardian under s.
12938.19 (1) (c) or (d) 5. without the consent of the parent or guardian, the court, subject
13to s. 938.299 (10),
shall schedule a plea hearing and fact-finding hearing within 30
14days after a request from the parent or guardian from whom custody was removed.
15The plea hearing and fact-finding hearing may be combined. This time period may
16be extended only with the consent of the requesting parent or guardian.
SB288, s. 321 17Section 321. 938.31 (5) of the statutes is created to read:
SB288,160,218 938.31 (5) If the juvenile is an Indian juvenile in need of protection or services
19under s. 938.13 (4), (6), (6m), or (7), the court shall also determine at the fact-finding
20hearing whether continued custody of the Indian juvenile by the Indian juvenile's
21parent or Indian custodian is likely to result in serious emotional or physical damage
22to the Indian juvenile under s. 938.028 (4) (d) 1. and whether active efforts under s.
23938.028 (4) (d) 2. have been made to prevent the breakup of the Indian juvenile's
24family and whether those efforts have proved unsuccessful, unless partial summary

1judgment on the allegations under s. 938.13 (4), (6), (6m), or (7) is granted, in which
2case the court shall make those determinations at the dispositional hearing.
SB288, s. 322 3Section 322. 938.31 (7) (a) of the statutes is amended to read:
SB288,160,104 938.31 (7) (a) At the close of the fact-finding hearing, the court, subject to s.
5938.299 (10),
shall set a date for the dispositional hearing that allows a reasonable
6time for the parties to prepare but is no more than 10 days after the fact-finding
7hearing for a juvenile in secure custody and no more than 30 days after the
8fact-finding hearing for a juvenile not held in secure custody. If Subject to s. 938.299
9(10), if
all parties consent, the court may immediately proceed with a dispositional
10hearing.
SB288, s. 323 11Section 323. 938.315 (1) (a) 11. of the statutes is created to read:
Loading...
Loading...