GENERAL PROVISIONS
938.01
938.01
Title, legislative intent and purposes. 938.01(1)
(1) This chapter may be cited as "The Juvenile Justice Code", and shall be liberally construed in accordance with the objectives expressed in this section.
938.01(2)
(2) It is the intent of the legislature to promote a juvenile justice system capable of dealing with the problem of juvenile delinquency, a system which will protect the community, impose accountability for violations of law and equip juvenile offenders with competencies to live responsibly and productively. To effectuate this intent, the legislature declares the following to be equally important purposes of this chapter:
938.01(2)(b)
(b) To hold each juvenile offender directly accountable for his or her acts.
938.01(2)(c)
(c) To provide an individualized assessment of each alleged and adjudicated delinquent juvenile, in order to prevent further delinquent behavior through the development of competency in the juvenile offender, so that he or she is more capable of living productively and responsibly in the community.
938.01(2)(d)
(d) To provide due process through which each juvenile offender and all other interested parties are assured fair hearings, during which constitutional and other legal rights are recognized and enforced.
938.01(2)(e)
(e) To divert juveniles from the juvenile justice system through early intervention as warranted, when consistent with the protection of the public.
938.01(2)(f)
(f) To respond to a juvenile offender's needs for care and treatment, consistent with the prevention of delinquency, each juvenile's best interest and protection of the public, by allowing the judge to utilize the most effective dispositional option.
938.01(2)(g)
(g) To ensure that victims and witnesses of acts committed by juveniles that result in proceedings under this chapter are, consistent with the provisions of this chapter and the Wisconsin constitution, afforded the same rights as victims and witnesses of crimes committed by adults, and are treated with dignity, respect, courtesy and sensitivity throughout such proceedings.
938.01 History
History: 1995 a. 77.
938.01 Annotation
Time Ripe for Change. Barry & Ladwig. Wis. Law. Apr. 1996.
938.02
938.02
Definitions. In this chapter:
938.02(1)
(1) "Adult" means a person who is 18 years of age or older, except that for purposes of investigating or prosecuting a person who is alleged to have violated any state or federal criminal law or any civil law or municipal ordinance, "adult" means a person who has attained 17 years of age.
938.02(1p)
(1p) "Alcohol or other drug abuse impairment" means a condition of a person which is exhibited by characteristics of habitual lack of self-control in the use of alcohol beverages, controlled substances or controlled substance analogs to the extent that the person's health is substantially affected or endangered or the person's social or economic functioning is substantially disrupted.
938.02(2c)
(2c) "Child caring institution" means a facility operated by a child welfare agency licensed under
s. 48.60 for the care and maintenance of persons residing in that facility.
938.02(2g)
(2g) "County department" means a county department under
s. 46.215,
46.22 or
46.23, unless the context requires otherwise.
938.02(2m)
(2m) "Court", when used without further qualification, means the court assigned to exercise jurisdiction under this chapter and
ch. 48 or, when used with reference to a juvenile who is subject to
s. 938.183, a court of criminal jurisdiction or, when used with reference to a juvenile who is subject to
s. 938.17 (2), a municipal court.
938.02(3)
(3) "Court intake worker" means any person designated to provide intake services under
s. 938.067.
938.02(3m)
(3m) "Delinquent" means a juvenile who is 10 years of age or older who has violated any state or federal criminal law, except as provided in
ss. 938.17,
938.18 and
938.183, or who has committed a contempt of court, as defined in
s. 785.01 (1), as specified in
s. 938.355 (6g).
938.02(4)
(4) "Department" means the department of corrections.
938.02(5)
(5) "Developmentally disabled" means having a developmental disability, as defined in
s. 51.01 (5).
938.02(6)
(6) "Foster home" means any facility that is operated by a person required to be licensed by
s. 48.62 (1) (a) and that provides care and maintenance for no more than 4 juveniles unless all of the juveniles are siblings.
938.02(7)
(7) "Group home" means any facility operated by a person required to be licensed by the department under
s. 48.625 for the care and maintenance of 5 to 8 juveniles.
938.02(8)
(8) "Guardian" means the person named by the court having the duty and authority of guardianship.
938.02(10)
(10) "Judge", if used without further qualification, means the judge of the court assigned to exercise jurisdiction under this chapter and
ch. 48 or, if used with reference to a juvenile who is subject to
s. 938.183, the judge of the court of criminal jurisdiction or, when used with reference to a juvenile who is subject to
s. 938.17 (2), the judge of the municipal court.
938.02(10m)
(10m) "Juvenile" means a person who is less than 18 years of age, except that for purposes of investigating or prosecuting a person who is alleged to have violated a state or federal criminal law or any civil law or municipal ordinance, "juvenile" does not include a person who has attained 17 years of age.
938.02(11)
(11) "Legal custodian" means a person, other than a parent or guardian, or an agency to whom legal custody of a juvenile has been transferred by a court, but does not include a person who has only physical custody of the juvenile.
938.02(12)
(12) "Legal custody" means a legal status created by the order of a court, which confers the right and duty to protect, train and discipline a juvenile, and to provide food, shelter, legal services, education and ordinary medical and dental care, 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.
938.02(13)
(13) "Parent" means either a biological parent, a husband who has consented to the artificial insemination of his wife under
s. 891.40, or a parent by adoption. If the juvenile is a nonmarital child who is not adopted or whose parents do not subsequently intermarry under
s. 767.60, "parent" includes a person acknowledged under
s. 767.62 (1) or a substantially similar law of another state or adjudicated to be the biological father. "Parent" does not include any person whose parental rights have been terminated.
938.02(14)
(14) "Physical custody" means actual custody of the person in the absence of a court order granting legal custody to the physical custodian.
938.02(14m)
(14m) "Pupil assistance program" means a program provided by a school board under
s. 115.362 (4) (b) 2. to intervene in the abuse of alcohol and other drugs by pupils.
938.02(15)
(15) "Relative" means a parent, grandparent, stepparent, brother, sister, first cousin, nephew, niece, uncle or aunt. This relationship may be by consanguinity or direct affinity.
938.02(15g)
(15g) "Secured child caring institution" means a child caring institution operated by a child welfare agency that is licensed under
s. 48.66 (1) to hold in secure custody persons adjudged delinquent.
938.02(15m)
(15m) "Secured correctional facility" means a correctional institution operated or contracted for by the department of corrections or department of health and family services for holding in secure custody persons adjudged delinquent. "Secured correctional facility" includes the Mendota juvenile treatment center under
s. 46.057, the facility at which the juvenile boot camp program under
s. 938.532 is operated, a facility authorized under
s. 938.533 (3) (b),
938.538 (4) (b) or
938.539 (5).
938.02(16)
(16) "Secure detention facility" means a locked facility approved by the department under
s. 301.36 for the secure, temporary holding in custody of juveniles.
938.02(17)
(17) "Shelter care facility" means a nonsecure place of temporary care and physical custody for juveniles, including a holdover room, licensed by the department of health and family services under
s. 48.66 (1).
938.02(17m)
(17m) "Special treatment or care" means professional services which need to be provided to a juvenile or his or her family to protect the well-being of the juvenile, prevent placement of the juvenile outside the home or meet the special needs of the juvenile. This term includes medical, psychological or psychiatric treatment, alcohol or other drug abuse treatment or other services which the court finds to be necessary and appropriate.
938.02(17q)
(17q) "Treatment foster home" means any facility that is operated by a person required to be licensed under
s. 48.62 (1) (b), that is operated under the supervision of the department, a county department or a licensed child welfare agency, and that provides to no more than 4 juveniles care, maintenance and structured, professional treatment by trained individuals, including the treatment foster parents.
938.02(18)
(18) "Trial" means a fact-finding hearing to determine jurisdiction.
938.02(19r)
(19r) "Type 2 child caring institution" means a child caring institution that is designated by the department to provide care and maintenance for juveniles who have been placed in the child caring institution under the supervision of a county department under
s. 938.34 (4d).
938.02(20m)(a)2.
2. If the person specified in
subd. 1. is a child, a parent, guardian or legal custodian of the child.
938.02(20m)(a)3.
3. If a person specified in
subd. 1. is physically or emotionally unable to exercise the rights granted under this chapter,
s. 950.04 or
article I, section 9m, of the Wisconsin constitution, a person designated by the person specified in
subd. 1. or a family member, as defined in
s. 950.02 (3), of the person specified in
subd. 1.
938.02(20m)(a)5.
5. If a person specified in
subd. 1. has been determined to be incompetent under
ch. 880, the guardian of the person appointed under
ch. 880.
938.02(20m)(b)
(b) "Victim" does not include a juvenile alleged to have committed the delinquent act.
938.02(21)
(21) "Victim-witness coordinator" means a person employed or contracted by the county board of supervisors under
s. 950.06 to provide services for the victims and witnesses of crimes or a person employed or contracted by the department of justice to provide the services specified in
s. 950.08.
938.02 History
History: 1995 a. 77,
216,
352,
448;
1997 a. 27,
35,
181,
191.
938.028
938.028
Custody of Indian children. The Indian child welfare act,
25 USC 1911 to
1963, supersedes the provisions of this chapter in any child custody proceeding governed by that act.
938.028 History
History: 1995 a. 352.
ORGANIZATION OF COURT
938.03
938.03
Time and place of court; absence or disability of judge; court of record. 938.03(1)
(1) The judge shall set apart a time and place to hold court on juvenile matters.
938.03(2)
(2) In the case of the absence or disability of the judge of a court assigned to exercise jurisdiction under this chapter and
ch. 48, another judge shall be assigned under
s. 751.03 to act temporarily in the judge's place. If the judge assigned temporarily is from a circuit other than the one for which elected, the judge shall receive expenses as provided under
s. 753.073.
938.03 History
History: 1995 a. 77.
938.06
938.06
Services for court. 938.06(1)(1)
Counties with a population of 500,000 or more. 938.06(1)(a)1.1. In counties with a population of 500,000 or more, the county board of supervisors shall provide the court with the services necessary for investigating and supervising cases under this chapter by operating a children's court center under the supervision of a director who is appointed as provided in
s. 46.21 (1m) (a). The director is the chief administrative officer of the center and of the intake and probation sections and secure detention facilities of the center except as otherwise provided in this subsection. The director is charged with administration of the personnel and services of the sections and of the secure detention facilities, and is responsible for supervising both the operation of the physical plant and the maintenance and improvement of the buildings and grounds of the center. The center shall include investigative services for all juveniles alleged to be in need of protection or services to be provided by the county department. The center shall also include the services of an assistant district attorney or assistant corporation counsel or both, who shall be assigned to the center to provide investigative as well as legal work in the cases under this chapter and
ch. 48.
938.06(1)(a)2.
2. The chief judge of the judicial administrative district shall formulate written judicial policy governing intake and court services for juvenile matters under this chapter and the director shall be charged with executing the judicial policy. The chief judge shall direct and supervise the work of all personnel of the court, except the work of the district attorney or corporation counsel assigned to the court. The chief judge may delegate his or her supervisory functions under
s. 938.065 (1).
938.06(1)(a)3.
3. The county board of supervisors shall develop policies and establish necessary rules for the management and administration of the nonjudicial operations of the children's court center. The director of the center shall report and is responsible to the director of the county department for the execution of all nonjudicial operational policies and rules governing the center, including activities of probation officers whenever they are not performing services for the court. The director of the center is also responsible for the preparation and submission to the county board of supervisors of the annual budget for the center except for the judicial functions or responsibilities which are delegated by law to the judge or judges and clerk of circuit court. The county board of supervisors shall make provision in the organization of the office of director for the devolution of the director's authority in the case of temporary absence, illness, disability to act or a vacancy in position and shall establish the general qualifications for the position. The county board of supervisors also has the authority to investigate, arbitrate and resolve any conflict in the administration of the center as between judicial and nonjudicial operational policy and rules. The county board of supervisors does not have authority and may not assert jurisdiction over the disposition of any case or juvenile after a written order is made under
s. 938.21 or if a petition is filed under
s. 938.25. All personnel of the intake and probation sections and of the secure detention facilities shall be appointed under civil service by the director except that existing court service personnel having permanent civil service status may be reassigned to any of the respective sections within the center specified in this paragraph.
938.06(1)(am)1.1. All intake workers providing services under this chapter who begin employment after May 15, 1980, shall have the qualifications required to perform entry level social work in a county department and shall have successfully completed 30 hours of intake training approved or provided by the department prior to the completion of the first 6 months of employment in the position. The department shall monitor compliance with this subdivision according to rules promulgated by the department.
938.06(1)(am)2.
2. The department shall make training programs available annually that permit intake workers providing services under this chapter to satisfy the requirements specified under
subd. 1.
938.06(1)(b)
(b) Notwithstanding
par. (a), the county board of supervisors may institute changes in the administration of services to the children's court center in order to qualify for the maximum amount of federal and state aid as provided in
sub. (4) and
s. 46.495.
938.06(2)
(2) Counties with a population under 500,000. 938.06(2)(a)(a) In counties having less than 500,000 population, the county board of supervisors shall authorize the county department or court or both to provide intake services required by
s. 938.067 and the staff needed to carry out the objectives and provisions of this chapter under
s. 938.069. Intake services under this chapter shall be provided by employes of the court or county department and may not be subcontracted to other individuals or agencies, except as provided in
par. (am). Intake workers shall be governed in their intake work, including their responsibilities for recommending the filing of a petition and entering into a deferred prosecution agreement, by general written policies which shall be formulated by the circuit judges for the county, subject to the approval of the chief judge of the judicial administrative district.
938.06(2)(am)1.1. Notwithstanding
par. (a), any county which had intake services under this chapter subcontracted from the county sheriff's department on April 1, 1980, may continue to subcontract those intake services from the county sheriff's department.
938.06(2)(am)2.
2. Notwithstanding
par. (a), any county in which the county sheriff's department operates a secure detention facility may subcontract intake services under this chapter from the county sheriff's department as provided in this subdivision. If a county subcontracts intake services under this chapter from the county sheriff's department, employes of the county sheriff's department who staff the secure detention facility may make secure custody determinations under
s. 938.208 between the hours of 6 p.m. and 6 a.m. and any determination under
s. 938.208 made by an employe of the county sheriff's department shall be reviewed by an intake worker employed by the court or county department within 24 hours after that determination is made.
