48.317
48.317
Jeopardy. Jeopardy attaches:
48.317(1)
(1) In a trial to the court, when a witness is sworn.
48.317(2)
(2) In a jury trial, when the jury selection is completed and the jury sworn.
48.317 History
History: 1977 c. 354.
48.32
48.32
Consent decree. 48.32(1)(1) At any time after the filing of a petition for a proceeding relating to
s. 48.13 and before the entry of judgment, the judge or juvenile court commissioner may suspend the proceedings and place the child under supervision in the child's own home or present placement. The court may establish terms and conditions applicable to the parent, guardian or legal custodian, and to the child. The order under this section shall be known as a consent decree and must be agreed to by the child if 12 years of age or older; the parent, guardian or legal custodian; and the person filing the petition under
s. 48.25. The consent decree shall be reduced to writing and given to the parties.
48.32(2)(a)(a) A consent decree shall remain in effect up to 6 months unless the child, parent, guardian or legal custodian is discharged sooner by the judge or juvenile court commissioner.
48.32(2)(c)
(c) Upon the motion of the court or the application of the child, parent, guardian, legal custodian, intake worker or any agency supervising the child under the consent decree, the court may, after giving notice to the parties to the consent decree and their counsel, if any, extend the decree for up to an additional 6 months in the absence of objection to extension by the parties to the initial consent decree. If the parent, guardian or legal custodian objects to the extension, the judge shall schedule a hearing and make a determination on the issue of extension.
48.32(3)
(3) If, prior to discharge by the court, or the expiration of the consent decree, the court finds that the child or parent, legal guardian or legal custodian has failed to fulfill the express terms and conditions of the consent decree or that the child objects to the continuation of the consent decree, the hearing under which the child was placed on supervision may be continued to conclusion as if the consent decree had never been entered.
48.32(5)
(5) A court which, under this section, elicits or examines information or material about a child which would be inadmissible in a hearing on the allegations of the petition shall not, over objections of one of the parties, participate in any subsequent proceedings if:
48.32(5)(a)
(a) The court refuses to enter into a consent decree and the allegations in the petition remain to be decided in a hearing where one of the parties denies the allegations forming the basis for a child in need of protection or services petition; or
48.32(5)(b)
(b) A consent decree is granted but the petition under
s. 48.13 is subsequently reinstated.
48.32(6)
(6) The judge or juvenile court commissioner shall inform the child and the child's parent, guardian or legal custodian, in writing, of the child's right to object to the continuation of the consent decree under
sub. (3) and the fact that the hearing under which the child was placed on supervision may be continued to conclusion as if the consent decree had never been entered.
48.32 Annotation
A finding that a consent decree has been violated must be made before the consent decree expires. Filing a motion to vacate the consent decree prior to its expiration does not extend the term of the decree and does not prevent the automatic dismissal of the original petition upon the expiration of the decree. Interest of Leif E.N. & Nora M.S. 189 W (2d) 480, 526 NW (2d) 275 (Ct. App. 1994).
DISPOSITION
48.33
48.33
Court reports. 48.33(1)(1)
Report required. Before the disposition of a child adjudged to be in need of protection or services the court shall designate an agency, as defined in
s. 48.38 (1) (a), to submit a report which shall contain all of the following:
48.33(1)(b)
(b) A recommended plan of rehabilitation or treatment and care for the child which is based on the investigation conducted by the agency and any report resulting from an examination or assessment under
s. 48.295, which employs the least restrictive means available to accomplish the objectives of the plan, and, in cases of child abuse or neglect, which also includes an assessment of risks to the child's physical safety and physical health and a description of a plan for controlling the risks.
48.33(1)(c)
(c) A description of the specific services or continuum of services which the agency is recommending that the court order for the child or family, the persons or agencies that would be primarily responsible for providing those services, and the identity of the person or agency that would provide case management or coordination of services if any or whether or not the child should receive an integrated service plan.
48.33(1)(d)
(d) A statement of the objectives of the plan, including any desired behavior changes and the academic, social and vocational skills needed by the child.
48.33(1)(e)
(e) A plan for the provision of educational services to the child, prepared after consultation with the staff of the school in which the child is enrolled or the last school in which the child was enrolled.
48.33(1)(f)
(f) If the agency is recommending that the court order the child's parent, guardian or legal custodian to participate in mental health treatment, anger management, individual or family counseling or parent training and education, a statement as to the availability of those services and as to the availability of funding for those services.
48.33(2)
(2) Home placement reports. A report recommending that the child remain in his or her home may be presented orally at the dispositional hearing if all parties consent. A report that is presented orally shall be transcribed and made a part of the court record.
48.33(4)
(4) Other out-of-home placements. A report recommending placement in a foster home, treatment foster home, group home or child caring institution shall be in writing and shall include all of the following:
48.33(4)(b)
(b) A recommendation for an amount of child support to be paid by either or both of the child's parents or for referral to the county designee under
s. 59.53 (5) for the establishment of child support.
48.33(4m)
(4m) Support recommendations; information to parents. In making a recommendation for an amount of child support under
sub. (4), the agency shall consider the factors that the court considers under
s. 46.10 (14) (c) for deviation from the percentage standard. Prior to the dispositional hearing under
s. 48.335, the agency shall provide the child's parent with all of the following:
48.33(4m)(a)
(a) A copy of its recommendation for child support.
48.33(4m)(b)
(b) A written explanation of how the parent may request that the court modify the amount of child support under
s. 46.10 (14) (c).
48.33(5)
(5) Identity of foster parent or treatment foster parent; confidentiality. If the report recommends placement in a foster home or a treatment foster home, and the name of the foster parent or treatment foster parent is not available at the time the report is filed, the agency shall provide the court and the child's parent or guardian with the name and address of the foster parent or treatment foster parent within 21 days after the dispositional order is entered, except that the court may order the information withheld from the child's parent or guardian if the court finds that disclosure would result in imminent danger to the child or to the foster parent or treatment foster parent. After notifying the child's parent or guardian, the court shall hold a hearing prior to ordering the information withheld.
48.335
48.335
Dispositional hearings. 48.335(1)
(1) The court shall conduct a hearing to determine the disposition of a case in which a child is adjudged to be in need of protection or services under
s. 48.13.
48.335(3)
(3) At hearings under this section, any party may present evidence relevant to the issue of disposition, including expert testimony, and may make alternative dispositional recommendations.
48.335(3r)
(3r) At hearings under this section, a parent of the child may present evidence relevant to the amount of child support to be paid by either or both parents.
48.335(4)
(4) At hearing under this section,
s. 48.357,
48.363 or
48.365, on the request of any party, unless good cause to the contrary is shown, the court may admit testimony on the record by telephone or live audio-visual means, if available, under
s. 807.13 (2). The request and the showing of good cause may be made by telephone.
48.335(5)
(5) At the conclusion of the hearing, the court shall make a dispositional order in accordance with
s. 48.355.
48.335 History
History: 1977 c. 354;
1979 c. 300,
331,
359; Sup. Ct. Order, 141 W (2d) xiii (1987);
1993 a. 98,
481;
1995 a. 77.
48.335 Note
Judicial Council Note, 1988: Sub. (4) allows the court to admit testimony on the record by telephone or live television at hearings on disposition, revision and extension of orders, or change of placement, on request of any party, unless good cause is shown. [Re Order effective Jan. 1, 1988]
48.335 Annotation
Petitioner bears ordinary burden of proof, the greater weight of the credible evidence, for purposes of dispositional and extension hearings. In Interest of T.M.S. 152 W (2d) 345, 448 NW (2d) 282 (Ct. App. 1989).
48.345
48.345
Disposition of child adjudged in need of protection or services. If the judge finds that the child is in need of protection or services, the judge shall enter an order deciding one or more of the dispositions of the case as provided in this section under a care and treatment plan, except that the order may not place any child not specifically found under
chs. 46,
49,
51,
115 and
880 to be developmentally disabled, mentally ill or to have exceptional educational needs in facilities which exclusively treat those categories of children. The dispositions under this section are as follows:
48.345(1)
(1) Counsel the child or the parent, guardian or legal custodian.
48.345(2)
(2) Place the child under supervision of an agency, the department, if the department approves, or a suitable adult, including a friend of the child, under conditions prescribed by the judge including reasonable rules for the child's conduct, designed for the physical, mental and moral well-being and behavior of the child.
48.345(2m)
(2m) Place the child in the child's home under the supervision of an agency or the department, if the department approves, and order the agency or department to provide specified services to the child and the child's family, which may include but are not limited to individual, family or group counseling, homemaker or parent aide services, respite care, housing assistance, day care or parent skills training.
48.345(3)
(3) Designate one of the following as the placement for the child:
48.345(3)(b)
(b) A home which need not be licensed if placement is for less than 30 days.
48.345(3)(c)
(c) A foster home or treatment foster home licensed under
s. 48.62 or a group home licensed under
s. 48.625.
48.345(4)
(4) If it is shown that the rehabilitation or the treatment and care of the child cannot be accomplished by means of voluntary consent of the parent or guardian, transfer legal custody to any of the following:
48.345(6)(a)(a) If the child is in need of special treatment or care, as identified in an evaluation under
s. 48.295 and the report under
s. 48.33, the judge may order the child's parent to provide the special treatment or care. If the parent fails or is financially unable to provide the special treatment or care, the judge may order an appropriate agency to provide the special treatment or care whether or not legal custody has been taken from the parents. If a judge orders a county department under
s. 51.42 or
51.437 to provide special treatment or care under this paragraph, the provision of that special treatment or care shall be subject to conditions specified in
ch. 51. An order of special treatment or care under this paragraph may not include an order for the administration of psychotropic drugs.
48.345(6)(b)
(b) Payment for the special treatment or care that relates to alcohol and other drug abuse services ordered under
par. (a) shall be in accordance with
s. 48.361.
48.345(6)(c)
(c) Payment for services provided under
ch. 51 that are ordered under
par. (a), other than alcohol and other drug abuse services, shall be in accordance with
s. 48.362.
48.345(6m)
(6m) If the report prepared under
s. 48.33 (1) recommends that the child is in need of an integrated service plan and if an integrated service program under
s. 46.56 has been established in the county, the judge may order that an integrated service plan be developed and implemented.
48.345(10)(a)(a) The judge may order that a child, on attaining 17 years of age, be allowed to live independently, either alone or with friends, under such supervision as the judge deems appropriate.
48.345(10)(b)
(b) If the plan for independent living cannot be accomplished with the consent of the parent or guardian, the judge may transfer custody of the child as provided in
sub. (4) (a) to
(c).
48.345(10)(c)
(c) The judge may order independent living as a dispositional alternative only upon a showing that the child is of sufficient maturity and judgment to live independently and only upon proof of a reasonable plan for supervision by an appropriate person or agency.
48.345(11)
(11) Transfer to foreign countries under treaty. If a treaty is in effect between the United States and a foreign country, allowing a child adjudged delinquent who is a citizen or national of the foreign country to transfer to the foreign country, the governor may commence a transfer of the child if the child and the child's parent, guardian, legal custodian or the court request.
48.345(12)(a)(a) Except as provided in
par. (d), the judge may order the child to attend any of the following:
48.345(12)(a)1.
1. A nonresidential educational program, including a program for children at risk under
s. 118.153, provided by the school district in which the child resides.
48.345(12)(a)2.
2. Pursuant to a contractual agreement with the school district in which the child resides, a nonresidential educational program provided by a licensed child welfare agency.
48.345(12)(a)3.
3. Pursuant to a contractual agreement with the school district in which the child resides, an educational program provided by a private, nonprofit, nonsectarian agency that is located in the school district in which the child resides and that complies with
42 USC 2000d.
48.345(12)(a)4.
4. Pursuant to a contractual agreement with the school district in which the child resides, an educational program provided by a technical college district located in the school district in which the child resides.
48.345(12)(b)
(b) The judge shall order the school board to disclose the child's pupil records, as defined under
s. 118.125 (1) (d), to the county department or licensed child welfare agency responsible for supervising the child, as necessary to determine the child's compliance with the order under
par. (a).
48.345(12)(c)
(c) The judge shall order the county department or licensed child welfare agency responsible for supervising the child to disclose to the school board, technical college district board or private, nonprofit, nonsectarian agency which is providing an educational program under
par. (a) 3. records or information about the child, as necessary to assure the provision of appropriate educational services under
par. (a).
48.345(12)(d)
(d) This subsection does not apply to a child with exceptional educational needs, as defined under
s. 115.76 (3).
48.345(13)
(13) Alcohol or drug treatment or education. 48.345(13)(a)(a) If the report prepared under
s. 48.33 (1) recommends that the child is in need of treatment for the use or abuse of alcohol beverages, controlled substances or controlled substance analogs and its medical, personal, family or social effects, the court may order the child to enter an outpatient alcohol and other drug abuse treatment program at an approved treatment facility. The approved treatment facility shall, under the terms of a service agreement between the county and the approved treatment facility, or with the written informed consent of the child or the child's parent if the child has not attained the age of 12, report to the agency primarily responsible for providing services to the child as to whether the child is cooperating with the treatment and whether the treatment appears to be effective.
48.345(13)(b)
(b) If the report prepared under
s. 48.33 (1) recommends that the child is in need of education relating to the use of alcohol beverages, controlled substances or controlled substance analogs, the court may order the child to participate in an alcohol or other drug abuse education program approved by the court. The person or agency that provides the education program shall, under the terms of a service agreement between the county and the education program, or with the written informed consent of the child or the child's parent if the child has not attained the age of 12, report to the agency primarily responsible for providing services to the child about the child's attendance at the program.
48.345(13)(c)
(c) Payment for the court ordered treatment or education under this subsection in counties that have a pilot program under
s. 48.547 shall be in accordance with
s. 48.361.
48.345 History
History: 1971 c. 125;
1977 c. 354;
1979 c. 300;
1987 a. 285;
1989 a. 31,
107;
1993 a. 363,
377,
385,
491;
1995 a. 27;
1995 a. 77 ss.
235 to
237,
239,
241,
249,
250,
257 to
263;
1995 a. 225,
448.
48.35
48.35
Effect of judgment and disposition. 48.35(1)(a)(a) The judge shall enter a judgment setting forth his or her findings and disposition in the proceeding.
48.35(1)(b)
(b) The disposition of a child, and any record of evidence given in a hearing in court, shall not be admissible as evidence against the child in any case or proceeding in any other court except:
48.35(1)(b)1.
1. In sentencing proceedings after conviction of a felony or misdemeanor and then only for the purpose of a presentence study and report;
48.35(1)(b)2.
2. In a proceeding in any court assigned to exercise jurisdiction under this chapter and
ch. 938; or
48.35(1)(b)3.
3. In a court of civil or criminal jurisdiction while it is exercising the jurisdiction of a family court and is considering the custody of children.
