938.345
938.345
Disposition of juvenile adjudged in need of protection or services. 938.345(1)
(1) If the court finds that the juvenile is in need of protection or services, the court shall enter an order deciding one or more of the dispositions of the case as provided in
s. 938.34 under a care and treatment plan except that the order may not do any of the following:
938.345(1)(a)
(a) Place the juvenile in the serious juvenile offender program, a secured correctional facility or a secured child caring institution.
938.345(1)(d)
(d) Restrict, suspend or revoke the driving privileges of the juvenile, except as provided under
sub. (2).
938.345(1)(e)
(e) Place any juvenile 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 juveniles.
938.345(2)
(2) If the court finds that a juvenile is in need of protection or services based on the fact that the juvenile is a school dropout, as defined in
s. 118.153 (1) (b), or based on habitual truancy, and the court also finds that the reason the juvenile has dropped out of school or is a habitual truant is a result of the juvenile's intentional refusal to attend school rather than the failure of any other person to comply with
s. 118.15 (1) (a), the court, instead of or in addition to any other disposition imposed under
sub. (1), may enter an order permitted under
s. 938.342.
938.345 History
History: 1995 a. 77.
938.346
938.346
Notice to victims of juveniles' acts. 938.346(1)
(1) Each known victim of a juvenile's act shall receive timely notice of the following information:
938.346(1)(d)1.
1. Information regarding any deferred prosecution agreement under
s. 938.245, any consent decree under
s. 938.32 or any dispositional order under
ss. 938.34 to
938.345. The information may not include reports under
s. 938.295 or
938.33 or any other information that deals with sensitive personal matters of the juvenile and the juvenile's family and that does not directly relate to the act or alleged act committed against the victim. This subdivision does not affect the right of a victim to attend any hearing that the victim is permitted to attend under
s. 938.299 (1) (am).
938.346(1)(d)2.
2. The procedure the victim may follow for obtaining the information in
subd. 1.
938.346(1)(e)
(e) The procedure under
s. 938.296 under which the victim, if an adult, or the parent, guardian or legal custodian of the victim, if the victim is a child, may request an order requiring a juvenile who is alleged to have violated
s. 940.225,
948.02,
948.025,
948.05 or
948.06 to submit to a test or a series of tests to detect the presence of HIV, as defined in
s. 252.01 (1m), antigen or nonantigenic products of HIV, an antibody to HIV or a sexually transmitted disease, as defined in
s. 252.11 (1), and to have the results of that test or series of tests disclosed as provided in
s. 938.296 (4) (a) to
(e).
938.346(1)(f)
(f) The right to request and receive notice of the time and place of any hearing that the victim may attend under
s. 938.299 (1) (am).
938.346(1m)
(1m) The intake worker shall provide notice of the information specified in
sub. (1) (a),
(b) and
(c), the information specified in
sub. (1) (d) relating to a deferred prosecution agreement under
s. 938.245 and the information specified in
sub. (3) if the inquiry is terminated without a deferred prosecution agreement before the filing of a petition. The district attorney or corporation counsel shall provide notice of the information specified in
sub. (1) (e),
(f) and
(g), the information specified in
sub. (1) (d) relating to a consent decree under
s. 938.32 or a dispositional order under
ss. 938.34 to
938.345 and the information under
sub. (3) if the proceeding is terminated without a consent decree or dispositional order after the filing of a petition.
938.346(2)
(2) The notice under
sub. (1) shall include an explanation of the restrictions on divulging information obtained under this chapter and the penalties for violations.
938.346(3)
(3) If an inquiry or proceeding is closed, dismissed or otherwise does not result in a deferred prosecution agreement, consent decree or dispositional order, a reasonable attempt shall be made to inform each known victim of the juvenile's alleged act that the inquiry or proceeding has been terminated.
938.346(4)
(4) If the victim is a child, the notice under this section shall be given to the child's parents, guardian or legal custodian.
938.346(5)
(5) Chief judges and circuit judges shall establish by policy and rule procedures for the implementation of this section. The policies and rules shall specify when, how and by whom the notice under this section shall be provided to victims.
938.346 History
History: 1995 a. 77.
938.35
938.35
Effect of judgment and disposition. 938.35(1)
(1) The court shall enter a judgment setting forth the court's findings and disposition in the proceeding. A judgment in a proceeding on a petition under this subchapter is not a conviction of a crime, does not impose any civil disabilities ordinarily resulting from the conviction of a crime and does not operate to disqualify the juvenile in any civil service application or appointment. The disposition of a juvenile, and any record of evidence given in a hearing in court, is not admissible as evidence against the juvenile in any case or proceeding in any other court except for the following:
938.35(1)(a)
(a) In sentencing proceedings after conviction of a felony or misdemeanor and then only for the purpose of a presentence study and report.
938.35(1)(b)
(b) In a proceeding in any court assigned to exercise jurisdiction under this chapter and
ch. 48.
938.35(1)(c)
(c) In a court of civil or criminal jurisdiction while it is exercising the jurisdiction of a family court and is considering the custody of juveniles.
938.35(1)(cm)
(cm) In a court of civil or criminal jurisdiction for purposes of setting bail under
ch. 969 or impeaching a witness under
s. 906.09.
938.35(1)(d)
(d) The fact that a juvenile has been adjudged delinquent on the basis of unlawfully and intentionally killing a person is admissible for the purpose of
s. 852.01 (2m) (bg).
938.35(1m)
(1m) Disposition by the court assigned to exercise jurisdiction under this chapter and
ch. 48 of any allegation under
s. 938.12 or
938.13 (12) shall bar any future proceeding on the same matter in criminal court when the juvenile reaches the age of 17. This paragraph does not affect proceedings in criminal court which have been transferred under
s. 938.18.
938.35(2)
(2) Except as specifically provided in
sub. (1), this section does not preclude the court from disclosing information to qualified persons if the court considers the disclosure to be in the best interests of the juvenile or of the administration of justice.
938.35 History
History: 1995 a. 77.
938.35 Annotation
Where evidence of prior rape is introduced at rape trial to prove identity, testimony of prior rape victim is admissible notwithstanding that defendant was tried as juvenile for prior rape. See note to s. 906.09, citing Sanford v. State, 76 W (2d) 72, 250 NW (2d) 348.
938.35 Annotation
Inferential impeachment; the presence of parole officers at subsequent juvenile adjudications. O'Donnell, 55 MLR 349.
938.35 Note
NOTE: The above annotations cited to s. 48.35, the predecessor statute to s. 938.35.
938.355
938.355
Dispositional orders. 938.355(1)
(1)
Intent. In any order under
s. 938.34 or
938.345, the court shall decide on a placement and treatment finding based on evidence submitted to the court. The disposition shall employ those means necessary to promote the objectives specified in
s. 938.01. If the disposition places a juvenile who has been adjudicated delinquent outside the home under
s. 938.34 (3) (c) or
(d), the order shall include a finding that the juvenile's current residence will not safeguard the welfare of the juvenile or the community due to the serious nature of the act for which the juvenile was adjudicated delinquent. If the judge has determined that any of the conditions specified in
s. 938.34 (4m) (b) 1.,
2. or
3. applies, that determination shall be prima facie evidence that a less restrictive alternative than placement in a secured correctional facility or a secured child caring institution is not appropriate. If information under
s. 938.331 has been provided in a court report under
s. 938.33 (1), the court shall consider that information when deciding on a placement and treatment finding.
938.355(2)(a)(a) In addition to the order, the court shall make written findings of fact and conclusions of law based on the evidence presented to the court to support the disposition ordered, including findings as to the juvenile's condition and need for special treatment or care if an examination or assessment was conducted under
s. 938.295. A finding may not include a finding that a juvenile is in need of psychotropic medications.
938.355(2)(b)
(b) The court order shall be in writing and shall contain:
938.355(2)(b)1.
1. The specific services or continuum of services to be provided to the juvenile and family, the identity of the agencies which are to be primarily responsible for the provision of the services mandated by the court, the identity of the person or agency who will provide case management or coordination of services, if any, and, if custody is to be transferred to effect the treatment plan, the identity of the legal custodian.
938.355(2)(b)1m.
1m. A notice that the juvenile's parent, guardian or legal custodian or the juvenile, if 14 years of age or over, may request an agency that is providing care or services for the juvenile or that has legal custody of the juvenile to disclose to, or make available for inspection by, the parent, guardian, legal custodian or juvenile the contents of any record kept or information received by the agency about the juvenile as provided in
s. 938.78 (2) (ag).
938.355(2)(b)2.
2. If the juvenile is placed outside the home, the name of the place or facility, including transitional placements, where the juvenile shall be cared for or treated, except that if the placement is a foster home or treatment foster home and the name and address of the foster parent or treatment foster parent is not available at the time of the order, the name and address of the foster parent or treatment foster parent shall be furnished to the court and the parent within 21 days of the order. If, after a hearing on the issue with due notice to the parent or guardian, the court finds that disclosure of the identity of the foster parent or treatment foster parent would result in imminent danger to the juvenile, the foster parent or the treatment foster parent, the court may order the name and address of the prospective foster parents or treatment foster parents withheld from the parent or guardian.
938.355(2)(b)4.
4. If the juvenile is placed outside the juvenile's home, a designation of the amount of support, if any, to be paid by the juvenile's parent, guardian or trustee, specifying that the support obligation begins on the date of the placement, or a referral to the county designee under
s. 59.07 (97) [59.53 (5)] for establishment of child support.
938.355 Note
NOTE: The bracketed language indicates the correct cross-reference.
1995 Wis. Act 77 renumbered s. 59.07 (97) to be 59.53 (5). Corrective legislation is pending.
938.355(2)(b)6.
6. If the juvenile is placed outside the home, the court's finding as to whether a county department which provides social services or the agency primarily responsible for the provision of services under a court order has made reasonable efforts to prevent the removal of the juvenile from the home or, if applicable, that the agency primarily responsible for the provision of services under a court order has made reasonable efforts to make it possible for the juvenile to return to his or her home.
938.355(2)(b)7.
7. A statement of the conditions with which the juvenile is required to comply.
938.355(2)(c)
(c) If school attendance is a condition of an order under
par. (b) 7., the order shall specify what constitutes a violation of the condition and shall direct the school board of the school district in which the juvenile is enrolled to notify the county department that is responsible for supervising the juvenile within 5 days after any violation of the condition by the juvenile.
938.355(2)(d)
(d) The court shall provide a copy of the dispositional order to the juvenile's parent, guardian or trustee.
938.355(2c)(a)(a) When a court makes a finding under
sub. (2) (b) 6. as to whether a county department which provides social services or the agency primarily responsible for providing services to the juvenile under a court order has made reasonable efforts to prevent the removal of the juvenile from his or her home, the court's consideration of reasonable efforts shall include, but not be limited to, whether:
938.355(2c)(a)1.
1. A comprehensive assessment of the family's situation was completed, including a determination of the likelihood of protecting the juvenile's welfare effectively in the home.
938.355(2c)(a)2.
2. Financial assistance, if applicable, was provided to the family.
938.355(2c)(a)3.
3. Services were offered or provided to the family, if applicable, and whether any assistance was provided to the family to enable the family to utilize the services. Examples of the types of services that may have been offered include:
938.355(2c)(a)3.c.
c. Community support services, such as day care, parenting skills training, housing assistance, employment training and emergency mental health services.
938.355(2c)(a)4.
4. Monitoring of client progress and client participation in services was provided.
938.355(2c)(a)5.
5. A consideration of alternative ways of addressing the family's needs was provided, if services did not exist or existing services were not available to the family.
938.355(2c)(b)
(b) When a court makes a finding under
sub. (2) (b) 6. as to whether the agency primarily responsible for providing services to the juvenile under a court order has made reasonable efforts to make it possible for the juvenile to return to his or her home, the court's consideration of reasonable efforts shall include, but not be limited to, the considerations listed under
par. (a) 1. to
5. and whether visitation schedules between the juvenile and his or her parents were implemented, unless visitation was denied or limited by the court.
938.355(2e)
(2e) Permanency plans; filing; amended orders; copies. 938.355(2e)(a)(a) If a permanency plan has not been prepared at the time the dispositional order is entered, or if the court orders a disposition that is not consistent with the permanency plan, the agency responsible for preparing the plan shall prepare a permanency plan that is consistent with the order or revise the permanency plan to conform to the order and shall file the plan with the court within the time specified in
s. 938.38 (3). A permanency plan filed under this paragraph shall be made a part of the dispositional order.
938.355(2e)(b)
(b) Each time a juvenile's placement is changed under
s. 938.357 or a dispositional order is revised under
s. 938.363 or extended under
s. 938.365, the agency that prepared the permanency plan shall revise the plan to conform to the order and shall file a copy of the revised plan with the court. Each plan filed under this paragraph shall be made a part of the court order.
938.355(2e)(c)
(c) Either the court or the agency that prepared the permanency plan shall furnish a copy of the original plan and each revised plan to the juvenile's parent or guardian, to the juvenile or the juvenile's counsel or guardian ad litem and to the person representing the interests of the public.
938.355(2m)
(2m) Transitional placements. The court order may include the name of transitional placements, but may not designate a specific time when transitions are to take place. The procedures of
ss. 938.357 and
938.363 shall govern when such transitions take place. The court, however, may place specific time limitations on interim arrangements made for the care of the juvenile pending the availability of the dispositional placement.
938.355(3)
(3) Parental visitation. If, after a hearing on the issue with due notice to the parent or guardian, the court finds that it would be in the best interest of the juvenile, the court may set reasonable rules of parental visitation.
938.355(3m)
(3m) Orders based on evidence. Dispositional orders under
s. 938.343 or
938.344 shall be based upon the evidence except that this subsection does not require a dispositional hearing for the disposition of an uncontested citation.
938.355(4)(a)(a) Except as provided under
par. (b) or
s. 938.368, all orders under this section shall terminate at the end of one year unless the court specifies a shorter period of time. Except if
s. 938.368 applies, extensions or revisions shall terminate at the end of one year unless the court specifies a shorter period of time. No extension under
s. 938.365 of an original dispositional order may be granted for a juvenile who is subject to an order under
s. 938.34 (4d),
(4h),
(4m) or
(4n) if the juvenile is 17 years of age or older when the original dispositional order terminates. Any order made before the juvenile reaches the age of majority shall be effective for a time up to one year after its entry unless the court specifies a shorter period of time.
938.355(4)(b)
(b) An order under
s. 938.34 (4d),
(4h) or
(4m) for which a juvenile has been adjudicated delinquent is subject to
par. (a), except that the judge may make an order under
s. 938.34 (4d) or
(4m) apply for up to 2 years or until the juvenile's 18th birthdate, whichever is earlier and the judge shall make an order under
s. 938.34 (4h) apply for 5 years, if the juvenile is adjudicated delinquent for committing an act that would be punishable as a Class B felony if committed by an adult, or until the juvenile reaches 25 years of age, if the juvenile is adjudicated delinquent for committing an act that would be punishable as a Class A felony if committed by an adult.
938.355(4m)
(4m) Expungement of record. A juvenile who has been adjudged delinquent may, on attaining 17 years of age, petition the court to expunge the court's record of the juvenile's adjudication. The court may expunge the court's record of the juvenile's adjudication if the court determines that the juvenile has satisfactorily complied with the conditions of his or her dispositional order and that the juvenile will benefit and society will not be harmed by the expungement.
938.355(5)
(5) Effect of court order. Any party, person or agency who provides services for the juvenile under this section shall be bound by the court order.
938.355(6)(a)(a) If a juvenile who has been adjudged delinquent or to have violated a civil law or ordinance violates a condition specified in
sub. (2) (b) 7., the court may impose on the juvenile any of the sanctions specified in
par. (d) if, at the dispositional hearing under
s. 938.335, the court explained the conditions to the juvenile and informed the juvenile of those possible sanctions or if before the violation the juvenile has acknowledged in writing that he or she has read, or has had read to him or her, those conditions and possible sanctions and that he or she understands those conditions and possible sanctions. Subject to
sub. (6m), if a juvenile who has been found to be in need of protection or services under
s. 938.13 violates a condition specified in
sub. (2) (b) 7., the court may impose on the juvenile any of the sanctions specified in
par. (d), other than placement in a secure detention facility or juvenile portion of a county jail, if, at the dispositional hearing under
s. 938.335, the court explained the conditions to the juvenile and informed the juvenile of those possible sanctions or if before the violation the juvenile has acknowledged in writing that he or she has read, or has had read to him or her, those conditions and possible sanctions and that he or she understands those conditions and possible sanctions. The court may not order the sanction of placement in a place of nonsecure custody specified in
par. (d) 1. unless the court finds that the agency primarily responsible for providing services for the juvenile has made reasonable efforts to prevent the removal of the juvenile from his or her home and that continued placement of the juvenile in his or her home is contrary to the welfare of the juvenile.
938.355(6)(an)1.1. If a juvenile who has violated a municipal ordinance violates a condition of a dispositional order imposed by the municipal court, the municipal court may petition the court assigned to exercise jurisdiction under this chapter and
ch. 48 to impose on the juvenile the sanction specified in
par. (d) 1. or the sanction specified in
par. (d) 3., with monitoring by an electronic monitoring system, if, at the time of the judgment the municipal court explained the conditions to the juvenile and informed the juvenile of those possible sanctions for a violation or if before the violation the juvenile has acknowledged in writing that he or she has read, or has had read to him or her, those conditions and possible sanctions and that he or she understands those conditions and possible sanctions. The petition shall contain a statement of whether the juvenile may be subject to the federal Indian child welfare act,
25 USC 1911 to
1963.
938.355(6)(an)2.
2. If the court assigned to exercise jurisdiction under this chapter and
ch. 48 imposes the sanction specified in
par. (d) 1. or home detention with monitoring by an electronic monitoring system as specified in
par. (d) 3., on a petition described in
subd. 1., that court shall order the municipality of the municipal court that filed the petition to pay to the county the cost of providing the sanction imposed under
par. (d) 1. or
3.
938.355(6)(b)
(b) A motion for imposition of a sanction may be brought by the person or agency primarily responsible for the provision of dispositional services, the district attorney or corporation counsel or the court that entered the dispositional order. Notice of the motion shall be given to the juvenile, guardian ad litem, counsel, parent, guardian, legal custodian and all parties present at the original dispositional hearing. The motion shall contain a statement of whether the juvenile may be subject to the federal Indian child welfare act,
25 USC 1911 to
1963.
938.355(6)(c)
(c) Before imposing any sanction, the court shall hold a hearing, at which the juvenile is entitled to be represented by legal counsel and to present evidence.
938.355(6)(d)
(d) If the court finds by a preponderance of the evidence that the juvenile has violated a condition of his or her dispositional order, the court may order any of the following sanctions as a consequence for any incident in which the juvenile has violated one or more conditions of his or her dispositional order:
938.355(6)(d)1.
1. Placement of the juvenile in a secure detention facility or juvenile portion of a county jail that meets the standards promulgated by the department of corrections by rule or in a place of nonsecure custody, for not more than 10 days and the provision of educational services consistent with his or her current course of study during the period of placement. The juvenile shall be given credit against the period of detention or nonsecure custody imposed under this subdivision for all time spent in secure detention in connection with the course of conduct for which the detention or nonsecure custody was imposed.
938.355(6)(d)2.
2. Suspension of or limitation on the use of the juvenile's operating privilege, as defined under
s. 340.01 (40), or of any approval issued under
ch. 29 for a period of not more than 3 years. If the court suspends the juvenile's operating privileges or an approval issued under
ch. 29, the court shall immediately take possession of the suspended license or approval and forward it to the department that issued it, together with the notice of suspension.
