48.235 Annotation
Sub. (4) is designed to suggest the possible duties of a guardian ad litem after a CHIPS order. Continuation of the guardian ad litem is discretionary with the court in such situations, as provided in sub. (7). Sub. (4) specifically permits the continued involvement of the guardian ad litem in permanency planning and in the monitoring of the placement. It also makes it clear that, if it is in the best interests of the child, the guardian ad litem may seek the termination of the parental rights of the parents of the child and prosecute such an action. It is not intended to limit the responsibilities to those noted. The court may require the department to give appropriate notice to the guardian ad litem so the duties can be fulfilled.
48.235 Annotation
Sub. (5) clarifies the responsibilities of the guardian ad litem for minor parents in termination cases, in the way of investigation and communication.
48.235 Annotation
Sub. (6) permits the guardian ad litem or court to explain to the jury that he or she represents the interests of the person. This is to avoid unnecessary confusion.
48.235 Annotation
Sub. (7) provides for the termination of appointment of the guardian ad litem upon entry of the court's final order unless the court extends or reappoints, indicating the scope of continuing responsibility. There are a large number of things a guardian ad litem might do during the period of extension or reappointment, including participate in permanency planning, seek extension or revision of dispositional orders, seek a change in placement and the like. The court might well identify general concerns to which the guardian ad litem should continue to be attentive, leaving to the guardian ad litem the methods to carry out the delegation of responsibility. This subsection also provides for the involvement of the guardian ad litem in appeals, leaving to the guardian ad litem broad discretion as to whether and how to participate. The requirement that the guardian ad litem notify the appellate court if the guardian ad litem chooses not to participate is to ensure that the guardian ad litem reflects on this important decision. The appellate court may require participation, notwithstanding the guardian ad litem's decision.
48.235 Annotation
Sub. (8) retains the current law that, unless the court otherwise orders, the county pays the fees of the guardian ad litem in matters under this chapter, but it creates an exception for uncontested termination proceedings and uncontested adoptions, in which cases the adoptive parents or the agency are required to pay this fee unless the court finds they are unable to do so. The court is given the authority to require advance payment of the guardian ad litem fees into an escrow account. [Re Order effective Jan. 1, 1990]
48.235 Annotation
See note to 48.23, citing In Interest of T.L., 151 W (2d) 725, 445 NW (2d) 729 (Ct. App. 1989).
48.235 Annotation
The courts' power to appropriate compensation for court-appointed counsel is necessary for the effective operation of the judicial system. In ordering compensation for court ordered attorneys, a court should abide by the s. 977.08 (4m) rate when it can retain qualified and effective counsel at that rate, but should order compensation at the rate under
SCR 81.01 or 81.02 or a higher rate when necessary to secure effective counsel. Friedrich v. Dane County Circuit Ct. 192 W (2d) 1, 531 NW (2d) 32 (1995).
PROCEDURE
48.24
48.24
Receipt of jurisdictional information; intake inquiry. 48.24(1)(1) Information indicating that a child should be referred to the court as in need of protection or services shall be referred to the intake worker, who shall conduct an intake inquiry on behalf of the court to determine whether the available facts establish prima facie jurisdiction and to determine the best interests of the child and of the public with regard to any action to be taken.
48.24(1m)
(1m) As part of the intake inquiry, the intake worker shall inform the child and the child's parent, guardian and legal custodian that they may request counseling from a person designated by the court to provide dispositional services under
s. 48.069.
48.24(2)(a)(a) As part of the intake inquiry the intake worker may conduct multidisciplinary screens and intake conferences with notice to the child, parent, guardian and legal custodian. If
sub. (2m) applies, the intake worker shall conduct a multidisciplinary screen under
s. 48.547 if the child has not refused to participate under
par. (b).
48.24(2)(b)
(b) No child or other person may be compelled to appear at any conference, participate in a multidisciplinary screen, produce any papers or visit any place by an intake worker.
48.24(2m)(a)(a) In counties that have a pilot program under
s. 48.547, a multidisciplinary screen shall be conducted for:
48.24(2m)(a)4.
4. Any child 12 years of age or older who requests and consents to a multidisciplinary screen.
48.24(2m)(a)5.
5. Any child who consents to a multidisciplinary screen requested by his or her parents.
48.24(2m)(b)
(b) The multidisciplinary screen may be conducted by an intake worker for any reason other than those specified in the criteria under
par. (a).
48.24(3)
(3) If the intake worker determines as a result of the intake inquiry that the child should be referred to the court, the intake worker shall request that the district attorney, corporation counsel or other official specified in
s. 48.09 file a petition.
48.24(4)
(4) If the intake worker determines as a result of the intake inquiry that the case should be subject to an informal disposition, or should be closed, the intake worker shall so proceed. If a petition has been filed, informal disposition may not occur or a case may not be closed unless the petition is withdrawn by the district attorney, corporation counsel or other official specified in
s. 48.09, or is dismissed by the judge.
48.24(5)
(5) The intake worker shall request that a petition be filed, enter into an informal disposition or close the case within 40 days or sooner of receipt of referral information. If the case is closed or an informal disposition is entered into, the district attorney, corporation counsel or other official under
s. 48.09 shall receive written notice of such action. If a law enforcement officer has made a recommendation concerning the child, the intake worker shall forward this recommendation to the district attorney, corporation counsel or other official under
s. 48.09. With respect to petitioning a child to be in need of protection or services, information received more than 40 days before filing the petition may be included to establish a condition or pattern which, together with information received within the 40-day period, provides a basis for conferring jurisdiction on the court. The judge shall dismiss with prejudice any such petition which is not referred or filed within the time limits specified within this subsection.
48.24(6)
(6) The intake worker shall perform his or her responsibilities under this section under general written policies which the judge shall promulgate under
s. 48.06 (1) or
(2).
48.24 Annotation
Under facts of case, (5) didn't mandate dismissal although referral wasn't made within 40 days. In re J. L. W., 143 W (2d) 126, 420 NW (2d) 398 (Ct. App. 1988).
48.24 Annotation
Under (1), "information indicating that a child should be referred to the court as delinquent" is that quantum of information that would allow a reasonable intake worker to evaluate the appropriate disposition of the matter. In Interest of J.W.T., 159 W (2d) 754, 465 NW (2d) 520 (Ct. App. 1990).
48.24 Annotation
Sub. (5), when read in conjunction with sub. (3), requires that an intake worker request the district attorney to file a delinquency petition and does not require the intake worker to make a recommendation that a petition be filed. Interest of Antonio M.C. 182 W (2d) 301, 513 NW (2d) 662 (Ct. App. 1994).
48.243
48.243
Basic rights: duty of intake worker. 48.243(1)
(1) Before conferring with the parent or child during the intake inquiry, the intake worker shall personally inform parents and children 12 years of age or older who are the focus of an inquiry regarding the need for protection or services that the referral may result in a petition to the court and:
48.243(1)(b)
(b) The nature and possible consequences of the proceedings;
48.243(1)(c)
(c) The right to remain silent and the fact that silence of any party may be relevant;
48.243(1)(d)
(d) The right to confront and cross-examine those appearing against them;
48.243(1)(f)
(f) The right to present and subpoena witnesses;
48.243(1)(h)
(h) The right to have the allegations of the petition proved by clear and convincing evidence.
48.243(2)
(2) This section does not apply if the child was present at a hearing under
s. 48.21.
48.243(3)
(3) If the child has not had a hearing under
s. 48.21 and was not present at an intake conference under
s. 48.24, the intake worker shall inform the child, parent, guardian and legal custodian as appropriate of basic rights under this section. This notice shall be given verbally, either in person or by telephone, and in writing. This notice shall be given so as to allow the child, parent, guardian or legal custodian sufficient time to prepare for the plea hearing. This subsection does not apply to cases of informal disposition under
s. 48.245.
48.245
48.245
Informal disposition. 48.245(1)
(1) The intake worker may enter into a written agreement with all parties which imposes informal disposition under this section if the intake worker has determined that neither the interests of the child nor of the public require filing of a petition for circumstances relating to
ss. 48.13 to
48.14. Informal disposition shall be available only if the facts persuade the intake worker that the jurisdiction of the court, if sought, would exist and upon consent of the child, parent, guardian and legal custodian.
48.245(2)(a)(a) Informal disposition may provide for any one or more of the following:
48.245(2)(a)1.
1. That the child appear with a parent, guardian or legal custodian for counseling and advice.
48.245(2)(a)2.
2. That the child and a parent, guardian and legal custodian abide by such obligations as will tend to ensure the child's rehabilitation, protection or care.
48.245(2)(a)3.
3. That the child submit to an alcohol and other drug abuse assessment that conforms to the criteria specified under
s. 48.547 (4) and that is conducted by an approved treatment facility for an examination of the child's use of alcohol beverages, controlled substances or controlled substance analogs and any medical, personal, family or social effects caused by its use, if the multidisciplinary screen conducted under
s. 48.24 (2) shows that the child is at risk of having needs and problems related to the use of alcohol beverages, controlled substances or controlled substance analogs and its medical, personal, family or social effects.
48.245(2)(a)4.
4. That the child participate in an alcohol and other drug abuse outpatient treatment program or an education program relating to the abuse of alcohol beverages, controlled substances or controlled substance analogs, if an alcohol and other drug abuse assessment conducted under
subd. 3. recommends outpatient treatment or education.
48.245(2)(b)
(b) Informal disposition may not include any form of residential placement and may not exceed 6 months, except as provided under
sub. (2r).
48.245(2)(c)
(c) If the informal disposition provides for alcohol and other drug abuse outpatient treatment under
par. (a) 4., the child and the child's parent, guardian or legal custodian shall execute an informed consent form that indicates that they are voluntarily and knowingly entering into an informal disposition agreement for the provision of alcohol and other drug abuse outpatient treatment.
48.245(2r)
(2r) If an informal disposition is based on allegations that a child is in need of protection or services, the intake worker may, after giving written notice to the child and the child's parent, guardian and legal custodian and their counsel, if any, extend the informal disposition for up to an additional 6 months unless the child or the child's parent, guardian or legal custodian objects to the extension. If the child or the child's parent, guardian or legal custodian objects to the extension, the intake worker may recommend to the district attorney or corporation counsel that a petition be filed under
s. 48.13. An extension under this subsection may be granted only once for any informal disposition.
48.245(3)
(3) The obligations imposed under an informal disposition and its effective date shall be set forth in writing. The child and a parent, guardian and legal custodian shall receive a copy, as shall any agency providing services under the agreement.
48.245(4)
(4) The intake worker shall inform the child and the child's parent, guardian and legal custodian in writing of their right to terminate the informal disposition at any time or object at any time to the fact or terms of the informal disposition. If an objection arises the intake worker may alter the terms of the agreement or recommend to the district attorney or corporation counsel that a petition be filed. If the informal disposition is terminated the intake worker may recommend to the district attorney or corporation counsel that a petition be filed.
48.245(5)
(5) Informal disposition shall be terminated upon the request of the child, parent, guardian or legal custodian.
48.245(5m)
(5m) An informal disposition is terminated if the district attorney or corporation counsel files a petition within 20 days after receipt of notice of the informal disposition under
s. 48.24 (5). In such case statements made to the intake worker during the intake inquiry are inadmissible.
48.245(7)
(7) If at any time during the period of informal disposition the intake worker determines that the obligations imposed under it are not being met, the intake worker may cancel the informal disposition. Within 10 days after the cancellation of the informal disposition, the intake worker shall notify the district attorney, corporation counsel or other official under
s. 48.09 of the cancellation and recommend whether or not a petition should be filed. The judge shall dismiss with prejudice any petition which is not filed within the time limit specified in this subsection.
48.245(8)
(8) If the obligations imposed under the informal disposition are met, the intake worker shall so inform the child and a parent, guardian and legal custodian in writing, and no petition may be filed on the charges that brought about the informal disposition nor may the charges be the sole basis for a petition under
ss. 48.13 to
48.14.
48.245(9)
(9) The intake worker shall perform his or her responsibilities under this section under general written policies which the judge shall promulgate under
s. 48.06 (1) or
(2).
48.245 History
History: 1977 c. 354;
1979 c. 300,
331,
359;
1985 a. 311;
1987 a. 27,
285,
339,
403;
1991 a. 213,
253,
315;
1993 a. 98;
1995 a. 24,
77,
275,
448.
48.25
48.25
Petition: authorization to file. 48.25(1)
(1) A petition initiating proceedings under this chapter shall be signed by a person who has knowledge of the facts alleged or is informed of them and believes them to be true. The district attorney, corporation counsel or other appropriate official specified under
s. 48.09 may file the petition if the proceeding is under
s. 48.13. The counsel or guardian ad litem for a parent, relative, guardian or child may file a petition under
s. 48.13 or
48.14. The district attorney, corporation counsel or other appropriate person designated by the court may initiate proceedings under
s. 48.14 in a manner specified by the court.
48.25(2)
(2) If the proceeding is brought under
s. 48.13, the district attorney, corporation counsel or other appropriate official shall file the petition, close the case, or refer the case back to intake within 20 days after the date that the intake worker's recommendation was filed. A referral back to intake may be made only when the district attorney, corporation counsel or other appropriate official decides not to file a petition or determines that further investigation is necessary. If the case is referred back to intake upon a decision not to file a petition, the intake worker shall close the case or enter into an informal disposition within 20 days. If the case is referred back to intake for further investigation, the appropriate agency or person shall complete the investigation within 20 days. If another referral is made to the district attorney, corporation counsel or other appropriate official, it shall be considered a new referral to which the time limits of this subsection shall apply. The time limits in this subsection may only be extended by a judge upon a showing of good cause under
s. 48.315. If a petition is not filed within the time limitations set forth in this subsection and the court has not granted an extension, the petition shall be accompanied by a statement of reasons for the delay. The court shall dismiss with prejudice a petition which was not timely filed unless the court finds at the plea hearing that good cause has been shown for failure to meet the time limitations.
48.25(3)
(3) If the district attorney, corporation counsel or other appropriate official specified in
s. 48.09 refuses to file a petition, any person may request the judge to order that the petition be filed and a hearing shall be held on the request. The judge may order the filing of the petition on his or her own motion. The matter may not be heard by the judge who orders the filing of a petition.
48.25(6)
(6) If a proceeding is brought under
s. 48.13, any party to or any governmental or social agency involved in the proceeding may petition the court to issue a temporary restraining order and injunction as provided in
s. 813.122 or
813.125. The court exercising jurisdiction under this chapter shall follow the procedure under
s. 813.122 or
813.125 except that the court may combine hearings authorized under
s. 813.122 or
813.125 and this chapter, the petitioner for the temporary restraining order and injunction is not subject to the limitations under
s. 813.122 (2) or
813.125 (2) and no fee is required regarding the filing of the petition under
s. 813.122 or
813.125.
48.25 Annotation
"Good cause" under (2) defined. In Interest of F. E. W., 143 W (2d) 856, 422 NW (2d) 893 (Ct. App. 1988).
48.25 Annotation
Where state fails to comply with mandatory filing procedures pursuant to (2), petition must be dismissed with prejudice. In Interest of C.A.K., 154 W (2d) 612, 453 NW (2d) 897 (1990).
48.25 Annotation
Delinquency and waiver petitions must both be filed to bring about a waiver hearing; trial court may not proceed with waiver hearing where time limits under s. 48.25 for delinquency petition are not complied with. In Interest of Michael J.L. 174 W (2d) 131, 496 NW (2d) 758 (Ct. App. 1993).
48.255
48.255
Petition; form and content. 48.255(1)
(1) A petition initiating proceedings under this chapter shall be entitled, "In the interest of (child's name), a person under the age of 18'' and shall set forth with specificity:
48.255(1)(a)
(a) The name, birth date and address of the child.
48.255(1)(b)
(b) The names and addresses of the child's parent, guardian, legal custodian or spouse, if any; or if no such person can be identified, the name and address of the nearest relative.
48.255(1)(c)
(c) Whether the child is in custody, and, if so, the place where the child is being held and the time he or she was taken into custody unless there is reasonable cause to believe that such disclosure would result in imminent danger to the child or physical custodian.
48.255(1)(e)
(e) If the child is alleged to come within the provisions of
s. 48.13 or
48.14, reliable and credible information which forms the basis of the allegations necessary to invoke the jurisdiction of the court and to provide reasonable notice of the conduct or circumstances to be considered by the court together with a statement that the child is in need of supervision, services, care or rehabilitation.
48.255(2)
(2) If any of the facts in
sub. (1) (a) to
(cm) are not known or cannot be ascertained by the petitioner, the petition shall so state.
48.255(3)
(3) If the information required under
sub. (1) (e) is not stated the petition shall be dismissed or amended under
s. 48.263 (2).
48.255(4)
(4) A copy of the petition shall be given to the child if the child is 12 years of age or older and to the parents, guardian, legal custodian and physical custodian.
48.255 Annotation
CHIPS petition which alleged that a child was the victim of sexual abuse but contained no information giving rise to an inference that there was something the court could do for the child which was not already being provided was insufficient. Interest of Courtney E. 184 W (2d) 592, 516 NW (2d) 422 (1994).
48.257
48.257
Petition to initiate a procedure to waive parental consent prior to a minor's abortion. 48.257(1)
(1) A petition to initiate a proceeding under
s. 48.375 (7) shall be entitled, "In the interest of `Jane Doe', a person under the age of 18", and shall set forth with specificity:
48.257(1)(a)
(a) The name "Jane Doe" and the minor's date of birth.
48.257(1)(b)
(b) A statement that the minor is pregnant and the estimated gestational age of the fetus at the time that the petition is filed, and a statement that the minor is seeking an abortion.
48.257(1)(c)
(c) The name and address of the person who intends to perform or induce the abortion, if known. If that person is not known, the name and address of the clinic or other medical facility that intends to perform or induce the abortion, if known.
