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.
938.06(2)(b)1.1. All intake workers providing services under this chapter who begin employment after May 15, 1980, excluding county sheriff's department employes who provide intake services under
par. (am) 2., shall have the qualifications required to perform entry level social work in a county department. All intake workers providing services under this chapter who begin employment after May 15, 1980, including county sheriff's department employes who provide intake services under
par. (am) 2., 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(2)(b)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(3)
(3) Intake services. The court or county department responsible for providing intake services under
s. 938.067 shall specify one or more persons to provide intake services. If there is more than one such worker, one of the workers shall be designated as chief worker and shall supervise other workers.
938.06(4)
(4) State aid. State aid to any county for juvenile delinquency-related court services under this section shall be at the same net effective rate that each county is reimbursed for county administration under
s. 46.495, except as provided in
s. 301.26. Counties having a population of less than 500,000 may use funds received under
ss. 46.495 (1) (d) and
301.26, including county or federal revenue sharing funds allocated to match funds received under
s. 46.495 (1) (d), for the cost of providing court attached intake services in amounts not to exceed 50% of the cost of providing court attached intake services or $30,000 per county per calendar year, whichever is less.
938.06 History
History: 1995 a. 77;
1997 a. 27,
205,
239.
938.065
938.065
Juvenile court commissioners. 938.065(1)
(1) The board of supervisors of any county may authorize the chief judge of the judicial administrative district to appoint one or more part-time or full-time juvenile court commissioners who shall serve at the discretion of the chief judge. A juvenile court commissioner shall be licensed to practice law in this state and shall have been so licensed for at least 2 years immediately prior to appointment and shall have a demonstrated interest in the welfare of juveniles. The chief judge may assign law clerks, bailiffs and deputies to the court commissioner. The chief judge shall supervise juvenile court commissioners, law clerks, bailiffs and deputies, except that the chief judge may delegate any of those duties.
938.065(2)
(2) Under this chapter a juvenile court commissioner, if authorized to do so by a judge, may do any of the following:
938.065(2)(b)
(b) Conduct hearings under
s. 938.21 and thereafter order a juvenile held in or released from custody.
938.065(2)(dm)
(dm) Issue orders requiring compliance with deferred prosecution agreements.
938.065(2)(h)
(h) Perform such other duties, not in conflict with this chapter, as the judge may direct.
938.065(3)
(3) The juvenile court commissioner may not do any of the following:
938.065(3)(b)
(b) Conduct fact-finding or dispositional hearings except on petitions or citations under
s. 938.125 and except as provided in
sub. (2) (gm).
938.065(3)(c)
(c) Make dispositions other than ordering compliance with deferred prosecution agreements and approving consent decrees and other than dispositions in uncontested proceedings under
s. 938.12 or
938.13.
938.065(3)(e)
(e) Make changes in placements of juveniles, or revisions or extensions of dispositional orders, except pursuant to petitions or citations under
s. 938.125 and except in uncontested proceedings under
s. 938.12 or
938.13.
938.065(4)
(4) When acting officially, the juvenile court commissioner shall sit at the courthouse or the usual court facility for juvenile delinquency matters. Any decision of the juvenile court commissioner shall be reviewed by the judge upon the request of any interested party.
938.065 History
History: 1995 a. 77,
352;
1997 a. 35.
938.067
938.067
Powers and duties of intake workers. To carry out the objectives and provisions of this chapter but subject to its limitations, intake workers shall do all of the following:
938.067(1)
(1) Provide intake services 24 hours a day, 7 days a week, for the purpose of screening juveniles taken into custody and not released under
s. 938.20 (2).
938.067(2)
(2) Interview, unless impossible, any juvenile who is taken into physical custody and not released, and where appropriate interview other available concerned parties. If the juvenile cannot be interviewed, the intake worker shall consult with the juvenile's parent or a responsible adult. No juvenile may be placed in a secure detention facility unless the juvenile has been interviewed in person by an intake worker, except that if the intake worker is in a place which is distant from the place where the juvenile is or the hour is unreasonable, as defined by written court intake rules, and if the juvenile meets the criteria under
s. 938.208, the intake worker, after consulting by telephone with the law enforcement officer who took the juvenile into custody, may authorize the secure holding of the juvenile while the intake worker is en route to the in-person interview or until 8 a.m. of the morning after the night on which the juvenile was taken into custody.
938.067(3)
(3) Determine whether the juvenile shall be held under
s. 938.205 and such policies as the judge shall promulgate under
s. 938.06 (1) or
(2).
938.067(4)
(4) If the juvenile is not released, determine where the juvenile shall be held.
938.067(5)
(5) Provide crisis counseling during the intake process when such counseling appears to be necessary.
938.067(6)
(6) Receive referral information, conduct intake inquiries, request that a petition be filed, and enter into deferred prosecution agreements under policies promulgated under
s. 938.06 (1) or
(2).
938.067(6m)
(6m) Conduct the multidisciplinary screen in counties that have a pilot program under
s. 938.547.
938.067(7)
(7) Make referrals of cases to other agencies if their assistance appears to be needed or desirable.
938.067(8)
(8) Make interim recommendations to the court concerning juveniles awaiting final disposition under
s. 938.355.
938.067(9)
(9) Perform any other functions ordered by the court, and assist the court or chief judge of the judicial administrative district in developing written policies or carrying out its other duties when the court or chief judge so requests.
938.067 History
History: 1995 a. 77;
1997 a. 80,
181,
205.
938.069
938.069
Powers and duties of disposition staff. 938.069(1)(1) The staff of the department, the court, a county department or a licensed child welfare agency designated by the court to carry out the objectives and provisions of this chapter shall:
938.069(1)(a)
(a) Supervise and assist a juvenile under a deferred prosecution agreement, a consent decree or an order of the court.
938.069(1)(c)
(c) Make an affirmative effort to obtain necessary or desired services for the juvenile and the juvenile's family and investigate and develop resources toward that end.
938.069(1)(d)
(d) Prepare reports for the court recommending a plan of rehabilitation, treatment and care.
938.069(1)(dj)
(dj) Provide aftercare services for a juvenile who has been released from a secured correctional facility or a secured child caring institution.
938.069(1)(e)
(e) Perform any other functions consistent with this chapter which are ordered by the court.
938.069(2)
(2) Licensed child welfare agencies and the department shall provide services under this section only upon the approval of the agency from whom services are requested.
938.069(3)
(3) A court or county department responsible for disposition staff may agree with the court or county department responsible for providing intake services that the disposition staff may be designated to provide some or all of the intake services.
938.069(4)
(4) Disposition staff employed to perform the duties specified in
sub. (1) after November 18, 1978, shall have the qualifications required under the county merit system.
938.069 History
History: 1995 a. 77;
1997 a. 205.
938.07
938.07
Additional sources of court services. If the county board of supervisors has complied with
s. 938.06, the court may obtain supplementary services for investigating cases and providing supervision of cases from one or more of the following sources:
938.07(2)
(2) Licensed child welfare agency. The court may request the services of a child welfare agency licensed under
s. 48.60 in accordance with procedures established by that agency. The child welfare agency shall receive no compensation for these services but may be reimbursed out of funds made available to the court for the actual and necessary expenses incurred in the performance of duties for the court.
938.07(3)
(3) County department in populous counties. In counties having a population of 500,000 or more, the director of the county department may be ordered by the court to provide services for furnishing emergency shelter care to any juvenile whose need therefor, either by reason of need of protection and services or delinquency, is determined by the intake worker under
s. 938.205. The court may authorize the director to appoint members of the county department to furnish emergency shelter care services for the juvenile. The emergency shelter care may be provided as specified in
s. 938.207.
938.07(4)
(4) County departments that provide developmental disabilities, mental health or alcohol and other drug abuse services. Within the limits of available state and federal funds and of county funds appropriated to match state funds, the court may order county departments established under
s. 51.42 or
51.437 to provide special treatment or care to a juvenile if special treatment or care has been ordered under
s. 938.34 (6) and if
s. 938.362 (4) applies.
938.07 History
History: 1995 a. 77.
938.08
938.08
Duties of person furnishing services to court. 938.08(1)(1) It is the duty of each person appointed to furnish services to the court as provided in
ss. 938.06 and
938.07 to make such investigations and exercise such discretionary powers as the judge may direct, to keep a written record of such investigations and to submit a report to the judge. The person shall keep informed concerning the conduct and condition of the juvenile under the person's supervision and shall report thereon as the judge directs.
938.08(2)
(2) Except as provided in
sub. (3) and
ss. 938.355 (6d) and
938.534 (1), any person authorized to provide or providing intake or dispositional services for the court under
s. 938.067 or
938.069 has the power of police officers and deputy sheriffs only for the purpose of taking a juvenile into physical custody when the juvenile comes voluntarily or is suffering from illness or injury or is in immediate danger from his or her surroundings and removal from the surroundings is necessary.
938.08(3)(a)(a) In addition to the law enforcement authority specified in
sub. (2), department personnel designated by the department and personnel of an agency contracted with under
s. 301.08 (1) (b) 3. designated by agreement between the agency and the department have the power of law enforcement authorities to take a juvenile into physical custody under the following conditions:
938.08(3)(a)1.
1. If they are in prompt pursuit of a juvenile who has run away from a secured correctional facility or child caring institution.
938.08(3)(a)2.
2. If the juvenile has failed to return to a secured correctional facility or child caring institution after any authorized absence.
938.08(3)(b)
(b) A juvenile taken into custody under
par. (a) may be returned directly to the secured correctional facility or child caring institution and shall have a hearing regarding placement in a disciplinary cottage or in disciplinary status in accordance with
ch. 227.
938.08 History
History: 1995 a. 77,
352;
1997 a. 205.
938.09
938.09
Representation of the interests of the public. The interests of the public shall be represented in proceedings under this chapter as follows:
938.09(1)
(1) By the district attorney, in any matter arising under
s. 938.12.
938.09(2)
(2) By the district attorney or, if designated by the county board of supervisors, by the corporation counsel, in any matter concerning a civil law violation arising under
s. 938.125. If the county board transfers this authority to or from the district attorney on or after May 11, 1990, the board may do so only if the action is effective on September 1 of an odd-numbered year and the board notifies the department of administration of that change by January 1 of that odd-numbered year.
938.09(3)
(3) By the city, village or town attorney, in any matter concerning a city, village or town ordinance violation, respectively, arising under
s. 938.125.
938.09(4)
(4) By any appropriate person designated by the county board of supervisors in any matter concerning a noncity ordinance violation arising under
s. 938.125.
938.09(5)
(5) By the district attorney or, if designated by the county board of supervisors, by the corporation counsel, in any matter arising under
s. 938.13. If the county board transfers this authority to or from the district attorney on or after May 11, 1990, the board may do so only if the action is effective on September 1 of an odd-numbered year and the board notifies the department of administration of that change by January 1 of that odd-numbered year.
938.09(6)
(6) By any appropriate person designated by the county board of supervisors in any matter arising under
s. 938.14.
938.09 History
History: 1995 a. 77.
938.10
938.10
Power of the judge to act as intake worker. The duties of the intake worker may be carried out from time to time by the judge at his or her discretion, but if a request to file a petition is made, a citation is issued or a deferred prosecution agreement is entered into, the judge shall be disqualified from participating further in the proceedings.
938.10 History
History: 1995 a. 77;
1997 a. 80.
JURISDICTION
938.12
938.12
Jurisdiction over juveniles alleged to be delinquent. 938.12(1)(1) The court has exclusive jurisdiction, except as provided in
ss. 938.17,
938.18 and
938.183, over any juvenile 10 years of age or over who is alleged to be delinquent.
938.12(2)
(2) If a court proceeding has been commenced under this section before a juvenile is 17 years of age, but the juvenile becomes 17 years of age before admitting the facts of the petition at the plea hearing or if the juvenile denies the facts, before an adjudication, the court retains jurisdiction over the case.
938.12 History
History: 1995 a. 77.
938.12 Annotation
State may not delay charging child in order to avoid juvenile court jurisdiction. State v. Becker, 74 W (2d) 675, 247 NW (2d) 495.
938.12 Annotation
Notwithstanding s. 48.13 (12), court had jurisdiction under s. 48.12 (1) over child who committed delinquent act before 12th birthday but was charged after 12th birthday. In Matter of D. V. 100 W (2d) 363, 302 NW (2d) 64 (Ct. App. 1981).
938.12 Annotation
Under facts of case, court retained jurisdiction to determine waiver although juvenile turned 18 after proceedings were commenced. In Interest of TDP. 109 W (2d) 495, 326 NW (2d) 741 (1982).
