1995 Chapter 938

938.45(1m) (1m) 

938.45(1m)(a) (a) In a proceeding in which a juvenile has been adjudicated delinquent or has been found to be in need of protection or services under s. 938.13, the court may order the juvenile's parent, guardian or legal custodian to comply with any conditions determined by the court to be necessary for the juvenile's welfare. An order under this paragraph may include an order to participate in mental health treatment, anger management, individual or family counseling or parent training and education and to make a reasonable contribution, based on ability to pay, toward the cost of those services.

938.45(1m)(b) (b) A court may not order inpatient treatment under par. (a) for a juvenile's parent, guardian or legal custodian. All inpatient treatment commitments or admissions must be conducted in accordance with ch. 51.

938.45(2) (2) No order under sub. (1) (a) or (1m) (a) may be entered until the person who is the subject of the contemplated order is given an opportunity to be heard on the contemplated order. The court shall cause notice of the time, place and purpose of the hearing to be served on the person personally at least 10 days before the date of hearing. The procedure in these cases shall, as far as practicable, be the same as in other cases in the court. At the hearing the person may be represented by counsel and may produce and cross-examine witnesses. Any person who fails to comply with any order issued by a court under sub. (1) (a) or (1m) (a) may be proceeded against for contempt of court. If the person's conduct involves a crime, the person may be proceeded against under the criminal law.

938.45(3) (3) If it appears at a court hearing that any person 17 or older has violated s. 948.40, the court shall refer the record to the district attorney for criminal proceedings as may be warranted in the district attorney's judgment. This subsection does not prevent prosecution of violations of s. 948.40 without the prior reference by the court to the district attorney, as in other criminal cases.

938.45 History History: 1995 a. 77.

subch. X of ch. 938 SUBCHAPTER X

REHEARING AND APPEAL

938.46 938.46  New evidence. A juvenile whose status is adjudicated by the court under this chapter, or the juvenile's parent, guardian or legal custodian, may at any time within one year after the entering of the court's order petition the court for a rehearing on the ground that new evidence has been discovered affecting the advisability of the court's original adjudication. Upon a showing that such evidence does exist, the court shall order a new hearing.

938.46 History History: 1995 a. 77.

subch. XI of ch. 938 SUBCHAPTER XI

AUTHORITY

938.48 938.48  Authority of department. The department may do all of the following:

938.48(1) (1) Promote the enforcement of the laws relating to delinquent juveniles and juveniles in need of protection or services and take the initiative in all matters involving the interests of such juveniles where adequate provision therefor is not made. This duty shall be discharged in cooperation with the courts, county departments and licensed child welfare agencies and with parents and other individuals interested in the welfare of juveniles.

938.48(2) (2) Assist in extending and strengthening juvenile welfare services with appropriate federal agencies and in conformity with the federal social security act and in cooperation with parents, other individuals and other agencies so that all juveniles needing such services are reached.

938.48(3) (3) Accept supervision over juveniles transferred to it by the court under s. 938.183, 938.34 (4h), (4m) or (4n) or 938.357 (4), and provide special treatment and care when directed by the court. Except as provided in s. 938.505 (2), a court may not direct the department to administer psychotropic medications to juveniles who receive special treatment or care under this subsection.

938.48(4) (4) Provide appropriate care and training for juveniles under its supervision under s. 938.183, 938.34 (4h), (4m) or (4n) or 938.357 (4); including serving those juveniles in their own homes, placing them in licensed foster homes or licensed treatment foster homes in accordance with s. 48.63 or licensed group homes, contracting for their care by licensed child welfare agencies or replacing them in juvenile correctional institutions or secured child caring institutions in accordance with rules promulgated under ch. 227, except that the department may not purchase the educational component of private day treatment programs for juveniles in its custody unless the department, the school board as defined in s. 115.001 (7) and the secretary of education all determine that an appropriate public education program is not available. Disputes between the department and the school district shall be resolved by the secretary of education.

938.48(4m) (4m) Continue to provide appropriate care, training and services to any person who meets all of the following qualifications:

938.48(4m)(a) (a) Is at least 17 years of age.

938.48(4m)(b) (b) Was under the supervision of the department under s. 938.183, 938.34 (4h), (4m) or (4n) or 938.357 (4) when the person reached 17 years of age.

938.48(4m)(c) (c) Is less than 19 years of age.

938.48(4m)(d) (d) Is determined by the department to be in need of care and services designed to fit such person for gainful employment and has requested and consented to receive such aid.

938.48(5) (5) Provide for the moral and religious training of a juvenile under its supervision under s. 938.183, 938.34 (4h), (4m) or (4n) or 938.357 (4) according to the religious belief of the juvenile or of the juvenile's parents.

938.48(6) (6) Consent to emergency surgery under the direction of a licensed physician or surgeon for any juvenile under its supervision under s. 938.183, 938.34 (4h), (4m) or (4n) or 938.357 (4) upon notification by a licensed physician or surgeon of the need for such surgery and if reasonable effort, compatible with the nature and time limitation of the emergency, has been made to secure the consent of the juvenile's parent or guardian.

938.48(13) (13) Promulgate rules for the payment of an allowance to juveniles in its institutions and a cash grant to a juvenile being discharged from its institutions or released to aftercare supervision.

938.48(14) (14) Pay maintenance, tuition and related expenses from the appropriation under s. 20.410 (3) [(am) and] (ho) for persons who when they reached 17 years of age were students regularly attending a school, college or university or regularly attending a course of vocational or technical training designed to fit them for gainful employment, and who when reaching that age were under the supervision of the department under s. 938.183, 938.34 (4h), (4m) or (4n) or 938.357 (4) as a result of a judicial decision.

938.48 Note NOTE: The bracketed language indicates a cross-reference to a provision which does not exist.

938.48(16) (16) Establish and enforce standards for services provided under s. 938.183, 938.34 or 938.345.

938.48 History History: 1995 a. 77.

938.49 938.49  Notification by court of placement with department; information for department.

938.49(1) (1) When the court places a juvenile in a secured correctional facility or secured child caring institution under the supervision of the department, the court shall immediately notify the department of that action. The court shall, in accordance with procedures established by the department, provide transportation for the juvenile to a receiving center designated by the department or deliver the juvenile to personnel of the department.

938.49(2) (2) When the court places a juvenile in a secured correctional facility or a secured child caring institution under the supervision of the department, the court and all other public agencies shall also immediately transfer to the department a copy of the report submitted to the court under s. 938.33 or, if the report was presented orally, a transcript of the report and all other pertinent data in their possession and shall immediately notify the juvenile's last school district in writing of its obligation under s. 118.125 (4).

938.49 History History: 1995 a. 77.

938.50 938.50  Examination of juveniles under supervision of department.

938.50(1) (1) The department shall examine every juvenile who is placed under its supervision to determine the type of placement best suited to the juvenile and to the protection of the public. This examination shall include an investigation of the personal and family history of the juvenile and his or her environment, any physical or mental examinations considered necessary to determine the type of placement that is necessary for the juvenile and the evaluation under s. 938.533 (2) to determine whether the juvenile is eligible for corrective sanctions supervision or serious juvenile offender supervision. A juvenile who is examined under this subsection shall be screened to determine whether the juvenile is in need of special treatment or care because of alcohol or other drug abuse, mental illness or severe emotional disturbance.

938.50(2) (2) In making this examination the department may use any facilities, public or private, that offer aid to it in the determination of the correct placement for the juvenile.

938.50 History History: 1995 a. 77.

938.505 938.505  Juveniles placed under correctional supervision.

938.505(1) (1) When a juvenile is placed under the supervision of the department under s. 938.183, 938.34 (4h), (4m) or (4n) or 938.357 (4) or (5) (e) or under the supervision of a county department under s. 938.34 (4n), the department or county department having supervision over the juvenile shall have the right and duty to protect, train, discipline, treat and confine the juvenile and to provide food, shelter, legal services, education and ordinary medical and dental care for the juvenile, subject to the rights, duties and responsibilities of the guardian of the juvenile and subject to any residual parental rights and responsibilities and the provisions of any court order.

938.505(2) (2) 

938.505(2)(a) (a) If a juvenile 14 years of age or over who is under the supervision of the department or a county department as described in sub. (1) and who is not residing in his or her home wishes to be administered psychotropic medication but a parent with legal custody or the guardian refuses to consent to the administration of psychotropic medication or cannot be found, or if there is no parent with legal custody, the department or county department acting on the juvenile's behalf may petition the court assigned to exercise jurisdiction under this chapter and ch. 48 in the county in which the juvenile is located for permission to administer psychotropic medication to the juvenile. A copy of the petition and a notice of hearing shall be served upon the parent or guardian at his or her last-known address. If, after hearing, the court determines all of the following, the court shall grant permission for the department or county department to administer psychotropic medication to the juvenile without the parent's or guardian's consent:

938.505(2)(a)1. 1. That the parent's or guardian's consent is unreasonably withheld or that the parent or guardian cannot be found or that there is no parent with legal custody, except that the court may not determine that a parent's or guardian's consent is unreasonably withheld solely because the parent or guardian relies on treatment by spiritual means through prayer for healing in accordance with his or her religious tradition.

938.505(2)(a)2. 2. That the juvenile is 14 years of age or over and is competent to consent to the administration of psychotropic medication and that the juvenile voluntarily consents to the administration of psychotropic medication.

938.505(2)(a)3. 3. Based on the recommendation of a physician, that the juvenile is in need of psychotropic medication, that psychotropic medication is appropriate for the juvenile's needs and that psychotropic medication is the least restrictive treatment consistent with the juvenile's needs.

938.505(2)(b) (b) The court may, at the request of the department or county department, temporarily approve the administration of psychotropic medication, for not more than 10 days after the date of the request, pending the hearing on the petition, which shall be held within those 10 days.

938.505 History History: 1995 a. 77.

938.51 938.51  Notification of release or escape of juvenile from correctional custody.

938.51(1) (1) At least 15 days prior to the date of release of a juvenile from a secured correctional facility or a secured child caring institution and at least 15 days prior to the release of a juvenile from the supervision of the department or a county department, the department or county department having supervision over the juvenile shall do all of the following:

938.51(1)(a) (a) Notify all of the following local agencies in the community in which the juvenile will reside of the juvenile's return to the community:

938.51(1)(a)1. 1. The law enforcement agencies.

938.51(1)(a)2. 2. The school district.

938.51(1)(a)3. 3. The county departments under ss. 46.215, 46.22, 46.23, 51.42 and 51.437.

938.51(1)(b) (b) Notify any known victim of an act for which the juvenile has been found delinquent of the juvenile's release, if all of the following apply:

938.51(1)(b)2. 2. The victim can be found.

938.51(1)(b)3. 3. The victim has sent in a request card under sub. (2).

938.51(1)(c) (c) Notify, if the victim died as a result of the juvenile's delinquent act and if the criteria under par. (b) are met, an adult member of the victim's family or, if the victim is younger than 18 years old and if the criteria under par. (b) are met, the victim's parent or legal guardian of the juvenile's release.

938.51(1)(d) (d) Notify any witness who testified against the juvenile in any court proceeding involving the delinquent act of the juvenile's release if all of the following apply:

938.51(1)(d)1. 1. The witness can be found.

938.51(1)(d)2. 2. The witness has sent in a request card under sub. (2).

938.51(1m) (1m) The department or county department having supervision over a juvenile shall determine the local agencies that it will notify under sub. (1) (a) based on the residence of the juvenile's parents or on the juvenile's intended residence specified in the juvenile's aftercare supervision plan or, if those methods do not indicate the community in which the juvenile will reside following release from a secured correctional facility or from the supervision of the department or county department, the community in which the juvenile states that he or she intends to reside.

938.51(1r) (1r) The notification under sub. (1) shall include only the juvenile's name, the date of the juvenile's release and the type of placement to which the juvenile is released.

938.51(2) (2) The department shall design and prepare cards for any person specified in sub. (1) (b), (c) or (d) to send to the department or county department having supervision over the juvenile. The cards shall have space for any such person to provide his or her name, telephone number and mailing address, the name of the applicable juvenile and any other information that the department determines is necessary. The department shall provide the cards, without charge, to district attorneys. District attorneys shall provide the cards, without charge, to persons specified in sub. (1) (b) to (d). These persons may send completed cards to the department or county department having supervision over the juvenile.

938.51(3) (3) Timely release of a juvenile shall not be prejudiced by the fact that the department or county department having supervision over the juvenile did not notify the victims or the local agencies under sub. (1) within the 15 days.

938.51(4) (4) If a juvenile escapes in violation of s. 946.42 (3), as soon as possible after the department or county department having supervision over the juvenile discovers that escape, that department or county department shall make a reasonable effort to notify by telephone all of the following persons:

938.51(4)(a) (a) Any known victim of the act for which the juvenile was found delinquent, if the criteria under sub. (1) (b) are met; an adult member of the victim's family, if the victim died as a result of the juvenile's delinquent act and if the criteria under sub. (1) (b) are met; or the victim's parent or guardian, if the victim is younger than 18 years old and if the criteria under sub. (1) (b) are met.

938.51(4)(b) (b) Any witness who testified against the juvenile in any court proceeding involving the delinquent act, if the criteria under sub. (1) (d) are met.

938.51 History History: 1995 a. 77, 352.

938.52 938.52  Facilities for care of juveniles in care of department.

938.52(1) (1)  Facilities maintained or used for juveniles. The department may maintain or use the following facilities for juveniles in its care:

938.52(1)(a) (a) Receiving homes to be used for the temporary care of juveniles.

938.52(1)(b) (b) Foster homes or treatment foster homes.

938.52(1)(c) (c) Group homes.

938.52(1)(d) (d) Institutions, facilities and services, including without limitation forestry or conservation camps for the training and treatment of juveniles 10 years of age or older who have been adjudged delinquent.

938.52(1)(f) (f) Other facilities deemed by the department to be appropriate for the juvenile, except that no state funds may be used for the maintenance of a juvenile in the home of a parent or relative eligible for aid under s. 49.19 if such funds would reduce federal funds to this state.

938.52(2) (2) Use of other facilities.

938.52(2)(a) (a) In addition to the facilities and services described in sub. (1), the department may use other facilities and services under its jurisdiction. The department may also contract for and pay for the use of other public facilities or private facilities for the care and treatment of juveniles in its care; but placement of juveniles in private or public facilities not under its jurisdiction does not terminate the supervision under s. 938.183, 938.34 (4h), (4m) or (4n) or 938.357 (4) of the department. Placements in institutions for the mentally ill or developmentally disabled shall be made in accordance with ss. 48.14 (5), 48.63 and 938.34 (6) (am) and ch. 51.

938.52(2)(b) (b) Public facilities are required to accept and care for persons placed with them by the department in the same manner as they would be required to do had the legal custody of these persons been transferred by a court of competent jurisdiction. Nothing in this subsection shall be construed to require any public facility to serve the department inconsistently with its functions or with the laws and regulations governing their activities; or to give the department authority to use any private facility without its consent.

938.52(2)(c) (c) The department shall have the right to inspect all facilities it is using and to examine and consult with persons under its supervision under s. 938.183, 938.34 (4h), (4m) or (4n) or 938.357 (4) who have been placed in that facility.

938.52(4) (4) Coeducational programs and institutions. The department may institute and maintain coeducational programs and institutions under this chapter.

938.52 History History: 1995 a. 77.

938.53 938.53  Duration of control of department over delinquents. Except as provided under ss. 48.366 and 938.183, all juveniles adjudged delinquent who have been placed under the supervision of the department under s. 938.183, 938.34 (4m), (4h) or (4n) or 938.357 (4) shall be discharged as soon as the department determines that there is a reasonable probability that it is no longer necessary either for the rehabilitation and treatment of the juvenile or for the protection of the public that the department retain supervision.

938.53 History History: 1995 a. 77.

938.532 938.532  Juvenile boot camp program.

938.532(1) (1)  Program. The department shall provide a juvenile boot camp program for juveniles who have been placed under the supervision of the department under s. 938.183, 938.34 (4h) or (4m) or 938.357 (4).

938.532(2) (2) Program eligibility. The department may place in the juvenile boot camp program any juvenile who has been placed under the supervision of the department under s. 938.183, 938.34 (4h) or (4m) or 938.357 (4).

938.532(3) (3) Aftercare supervision. Notwithstanding s. 938.34 (4n), a juvenile who has completed the juvenile boot camp program and who is released from a secured correctional facility shall be placed under aftercare supervision administered by the department.

938.532 History History: 1995 a. 77.

938.533 938.533  Corrective sanctions.

938.533(2) (2)  Corrective sanctions program. From the appropriation under s. 20.410 (3) (hr), the department shall provide a corrective sanctions program to serve an average daily population of 105 juveniles, or an average daily population of more than 105 juveniles if the appropriation under s. 20.410 (3) (hr) is supplemented under s. 13.101 or 16.515 and the positions for the program are increased under s. 13.101 or 16.505 (2), in not less than 3 counties, including Milwaukee County. The juvenile offender review program in the department shall evaluate and select for participation in the program juveniles who have been placed under the supervision of the department under s. 938.183, 938.34 (4h) or (4m) or 938.357 (4). The department shall place a program participant in the community, provide intensive surveillance of that participant and provide an average of $5,000 per year per slot to purchase community-based treatment services for each participant. The department shall make the intensive surveillance required under this subsection available 24 hours a day, 7 days a week, and may purchase or provide electronic monitoring for the intensive surveillance of program participants. The department shall provide a report center in Milwaukee County to provide on-site programming after school and in the evening for juveniles from Milwaukee County who are placed in the corrective sanctions program. A contact worker providing services under the program shall have a case load of approximately 10 juveniles and, during the initial phase of placement in the community under the program of a juvenile who is assigned to that contact worker, shall have not less than one face-to-face contact per day with that juvenile. Case management services under the program shall be provided by a corrective sanctions agent who shall have a case load of approximately 15 juveniles. The department shall promulgate rules to implement the program.