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 county department or the agency primarily responsible for providing services to the juvenile under a court order has made reasonable efforts to achieve the goal of the permanency plan, the court's consideration of reasonable efforts shall include 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(2d)(a)1.
1. "Aggravated circumstances" include abandonment in violation of
s. 948.20 or in violation of the law of any other state or federal law if that violation would be a violation of
s. 948.20 if committed in this state, torture, chronic abuse and sexual abuse.
938.355(2d)(a)2.
2. "Sexual abuse" means a violation of
s. 940.225,
944.30,
948.02,
948.025,
948.05,
948.055,
948.06,
948.09 or
948.10 or a violation of the law of any other state or federal law if that violation would be a violation of
s. 940.225,
944.30,
948.02,
948.025,
948.05,
948.055,
948.06,
948.09 or
948.10 if committed in this state.
938.355(2d)(b)
(b) Notwithstanding
sub. (2) (b) 6., the court is not required to include in a dispositional order a finding as to whether the county department or the agency primarily responsible for providing services under a court order has made reasonable efforts with respect to a parent of a juvenile to prevent the removal of the juvenile from the home, while assuring that the juvenile's health and safety are the paramount concerns, or, if applicable, a finding as to whether the county department or agency has made reasonable efforts with respect to a parent of a juvenile to achieve the permanency plan goal of returning the juvenile safely to his or her home, if the court finds any of the following:
938.355(2d)(b)1.
1. That the parent has subjected the juvenile to aggravated circumstances, as evidenced by a final judgment of conviction.
938.355(2d)(b)2.
2. That the parent has committed, has aided or abetted the commission of, or has solicited, conspired, or attempted to commit, a violation of
s. 940.01,
940.02,
940.03, or
940.05 or a violation of the law of any other state or federal law, if that violation would be a violation of
s. 940.01,
940.02,
940.03, or
940.05 if committed in this state, as evidenced by a final judgment of conviction, and that the victim of that violation is a child of the parent.
938.355(2d)(b)3.
3. That the parent has committed a violation of s.
940.19 (3), 1999 stats., or
s. 940.19 (2),
(4), or
(5),
940.225 (1) or
(2),
948.02 (1) or
(2),
948.025, or
948.03 (2) (a) or
(3) (a) or a violation of the law of any other state or federal law, if that violation would be a violation of
s. 940.19 (2),
(4), or
(5),
940.225 (1) or
(2),
948.02 (1) or
(2),
948.025, or
948.03 (2) (a) or
(3) (a) if committed in this state, as evidenced by a final judgment of conviction, and that the violation resulted in great bodily harm, as defined in
s. 939.22 (14), or in substantial bodily harm, as defined in
s. 939.22 (38), to the juvenile or another child of the parent.
Effective date note
NOTE: Subd. 3. is shown as amended eff. 2-1-03 by
2001 Wis. Act 109. Prior to 2-1-03 it reads:
Effective date text
3. That the parent has committed a violation of s. 940.19 (2), (3), (4), or (5), 940.225 (1) or (2), 948.02 (1) or (2), 948.025, or 948.03 (2) (a) or (3) (a) or a violation of the law of any other state or federal law, if that violation would be a violation of s. 940.19 (2), (3), (4), or (5), 940.225 (1) or (2), 948.02 (1) or (2), 948.025, or 948.03 (2) (a) or (3) (a) if committed in this state, as evidenced by a final judgment of conviction, and that the violation resulted in great bodily harm, as defined in s. 939.22 (14), or in substantial bodily harm, as defined in s. 939.22 (38), to the juvenile or another child of the parent.
938.355(2d)(b)4.
4. That the parental rights of the parent to another child have been involuntarily terminated, as evidenced by a final order of a court of competent jurisdiction terminating those parental rights.
938.355(2d)(bm)
(bm) The court shall make a finding specified in
par. (b) 1. to
4. on a case-by-case basis based on circumstances specific to the juvenile and shall document or reference the specific information on which that finding is based in the dispositional order. A dispositional order that merely references
par. (b) 1. to
4. without documenting or referencing that specific information in the dispositional order or an amended dispositional order that retroactively corrects an earlier dispositional order that does not comply with this paragraph is not sufficient to comply with this paragraph.
938.355(2d)(c)1.1. If the court finds that any of the circumstances specified in
par. (b) 1. to
4. applies with respect to a parent, the court shall hold a hearing within 30 days after the date of that finding to determine the permanency plan for the juvenile. If a hearing is held under this subdivision, the agency responsible for preparing the permanency plan shall file the permanency plan with the court not less than 5 days before the date of the hearing.
938.355(2d)(c)2.
2. If a hearing is held under
subd. 1., at least 10 days before the date of the hearing the court shall notify the juvenile, any parent, guardian, and legal custodian of the juvenile, and any foster parent, treatment foster parent, or other physical custodian described in
s. 48.62 (2) of the juvenile of the time, place, and purpose of the hearing.
938.355(2d)(c)3.
3. The court shall give a foster parent, treatment foster parent, or other physical custodian described in
s. 48.62 (2) who is notified of a hearing under
subd. 2. an opportunity to be heard at the hearing by permitting the foster parent, treatment foster parent, or other physical custodian to make a written or oral statement during the hearing, or to submit a written statement prior to the hearing, relevant to the issues to be determined at the hearing. A foster parent, treatment foster parent, or other physical custodian who receives a notice of a hearing under
subd. 2. and an opportunity to be heard under this subdivision does not become a party to the proceeding on which the hearing is held solely on the basis of receiving that notice and opportunity to be heard.
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)(a)(a) Except as provided in
par. (b), 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(3)(b)1.1. Except as provided in
subd. 2., the court may not grant visitation under
par. (a) to a parent of a juvenile if the parent has been convicted under
s. 940.01 of the first-degree intentional homicide, or under
s. 940.05 of the 2nd-degree intentional homicide, of the juvenile's other parent, and the conviction has not been reversed, set aside or vacated.
938.355(3)(b)1m.
1m. Except as provided in
subd. 2., if a parent who is granted visitation rights with a juvenile under
par. (a) is convicted under
s. 940.01 of the first-degree intentional homicide, or under
s. 940.05 of the 2nd-degree intentional homicide, of the juvenile's other parent, and the conviction has not been reversed, set aside or vacated, the court shall issue an order prohibiting the parent from having visitation with the juvenile on petition of the juvenile, the guardian or legal custodian of the juvenile, a person or agency bound by the dispositional order or the district attorney or corporation counsel of the county in which the dispositional order was entered, or on the court's own motion, and on notice to the parent.
938.355(3)(b)2.
2. Subdivisions 1. and
1m. do not apply if the court determines by clear and convincing evidence that the visitation would be in the best interests of the juvenile. The court shall consider the wishes of the juvenile in making that determination.
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, an order under this section or
s. 938.357 or
938.365 made before the juvenile reaches 18 years of age that places or continues the placement of the juvenile in his or her home shall terminate at the end of one year after its entry unless the court specifies a shorter period of time or the court terminates the order sooner. Except as provided in
par. (b) or
s. 938.368, an order under this section or
s. 938.357 or
938.365 made before the juvenile reaches 18 years of age that places or continues the placement of the juvenile in a foster home, treatment foster home, group home, or residential care center for children and youth or in the home of a relative other than a parent shall terminate when the juvenile reaches 18 years of age, at the end of one year after its entry, or, if the juvenile is a full-time student at a secondary school or its vocational or technical equivalent and is reasonably expected to complete the program before reaching 19 years of age, when the juvenile reaches 19 years of age, whichever is later, unless the court specifies a shorter period of time or the court terminates the order sooner.
938.355(4)(b)
(b) Except as provided in
s. 938.368, an order under
s. 938.34 (4d) or
(4m) made before the juvenile reaches 18 years of age may apply for up to 2 years after its entry or until the juvenile's 18th birthday, whichever is earlier, unless the court specifies a shorter period of time or the court terminates the order sooner. Except as provided in
s. 938.368, an order under
s. 938.34 (4h) made before the juvenile reaches 18 years of age shall apply for 5 years after its entry, if the juvenile is adjudicated delinquent for committing a violation of
s. 943.10 (2) or for committing an act that would be punishable as a Class B or C 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. Except as provided in
s. 938.368, an extension of an order under
s. 938.34 (4d),
(4h),
(4m), or
(4n) made before the juvenile reaches 17 years of age shall terminate at the end of one year after its entry unless the court specifies a shorter period of time or the court terminates the order sooner. No extension under
s. 938.365 of an original dispositional order under
s. 938.34 (4d),
(4h),
(4m), or
(4n) may be granted for a juvenile who is 17 years of age or older when the original dispositional order terminates.
Effective date note
NOTE: Par. (b) is shown as amended eff. 2-1-03 by
2001 Wis. Act 109. Prior to 2-1-03 it reads:
Effective date text
(b) Except as provided in s. 938.368, an order under s. 938.34 (4d) or (4m) made before the juvenile reaches 18 years of age may apply for up to 2 years after its entry or until the juvenile's 18th birthday, whichever is earlier, unless the court specifies a shorter period of time or the court terminates the order sooner. Except as provided in s. 938.368, an order under s. 938.34 (4h) made before the juvenile reaches 18 years of age shall apply for 5 years after its entry, 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. Except as provided in s. 938.368, an extension of an order under s. 938.34 (4d), (4h), (4m), or (4n) made before the juvenile reaches 17 years of age shall terminate at the end of one year after its entry unless the court specifies a shorter period of time or the court terminates the order sooner. No extension under s. 938.365 of an original dispositional order under s. 938.34 (4d), (4h), (4m), or (4n) may be granted for a juvenile who is 17 years of age or older when the original dispositional order terminates.
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, other than an ordinance enacted under
s. 118.163 (1m) or
(2), 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. If a juvenile who has been found to be in need of protection or services under
s. 938.13 (4),
(6m),
(7),
(12), or
(14) 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.
938.355(6)(an)1.1. If a juvenile who has violated a municipal ordinance, other than an ordinance enacted under
s. 118.163 (1m) or
(2), 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. If the court initiates the motion, that court is disqualified from holding a hearing on the motion. 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)(cm)
(cm) 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. The court shall make the findings specified in this paragraph on a case-by-case basis based on circumstances specific to the juvenile and shall document or reference the specific information on which that finding is based in the sanction order. A sanction order that merely references this paragraph without documenting or referencing that specific information in the sanction order or an amended sanction order that retroactively corrects an earlier sanction order that does not comply with this paragraph is not sufficient to comply with this paragraph.
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 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 juvenile does not hold a valid operator's license under
ch. 343, other than an instruction permit under
s. 343.07 or a restricted license under
s. 343.08, on the date of the order issued under this subdivision, the court may order the suspension to begin on the date that the operator's license would otherwise be reinstated or issued after the juvenile applies and qualifies for issuance or 2 years after the date of the order issued under this subdivision, whichever occurs first. 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.
938.355(6)(d)3.
3. Detention in the juvenile's home or current residence for a period of not more than 30 days under rules of supervision specified in the order. An order under this subdivision may require the juvenile to be monitored by an electronic monitoring system.
938.355(6)(d)4.
4. Not more than 25 hours of uncompensated participation in a supervised work program or other community service work under
s. 938.34 (5g).
938.355(6)(d)5.
5. Participation after school, in the evening, on weekends, on other nonschool days, or at any other time that the juvenile is not under immediate adult supervision, in the social, behavioral, academic, community service, and other programming of a youth report center.
Subdivision 4. and
s. 938.34 (5g) apply to any community service work performed by a juvenile under this subdivision.
938.355(6)(e)
(e) This subsection does not preclude a person who is aggrieved by a juvenile's violation of a condition specified in
sub. (2) (b) 7. from proceeding against the juvenile for contempt of court under
ch. 785.
938.355(6d)(a)1.1. Notwithstanding
ss. 938.19 to
938.21, but subject to any general written policies adopted by the court under
s. 938.06 (1) or
(2) and to any policies adopted by the county board relating to the taking into custody and placement of a juvenile under this subdivision, if a juvenile who has been adjudged delinquent violates a condition specified in
sub. (2) (b) 7., the juvenile's caseworker or any other person authorized to provide or providing intake or dispositional services for the court under
s. 938.067 or
938.069 may, without a hearing, take the juvenile into custody and place the juvenile in a secure detention facility or juvenile portion of a county jail that meets the standards promulgated by the department by rule or in a place of nonsecure custody designated by that person for not more than 72 hours while the alleged violation and the appropriateness of a sanction under
sub. (6) are being investigated, if at the dispositional hearing the court explained those conditions to the juvenile and informed the juvenile of the possibility of that placement 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 that possible placement and that he or she understands those conditions and that possible placement.
938.355(6d)(a)2.
2. Notwithstanding
ss. 938.19 to
938.21, but subject to any general written policies adopted by the court under
s. 938.06 (1) or
(2) and to any policies adopted by the county board relating to the taking into custody and placement of a juvenile under this subdivision, if a juvenile who has been adjudged delinquent violates a condition specified in
sub. (2) (b) 7., the juvenile's caseworker or any other person authorized to provide or providing intake or dispositional services for the court under
s. 938.067 or
938.069 may, without a hearing, take the juvenile into custody and place the juvenile in a secure detention facility or juvenile portion of a county jail that meets the standards promulgated by the department by rule or in a place of nonsecure custody designated by that person for not more than 72 hours as a consequence of that violation, if at the dispositional hearing the court explained those conditions to the juvenile and informed the juvenile of the possibility of that placement 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 that possible placement and that he or she understands those conditions and that possible placement. A person who takes a juvenile into custody under this subdivision shall permit the juvenile to make a written or oral statement concerning the possible placement of the juvenile and the course of conduct for which the juvenile was taken into custody. A person designated by the court or county department who is employed in a supervisory position by a person authorized to provide or providing intake or dispositional services under
s. 938.067 or
938.069 shall review that statement and shall either approve the placement or order the juvenile to be released from custody.
938.355(6d)(a)3.
3. A juvenile may be taken into and held in custody under both
subds. 1. and
2. in connection with the same course of conduct, except that no juvenile may be held in custody for more than a total of 72 hours under
subds. 1. and
2. in connection with the same course of conduct unless the juvenile receives a hearing under
par. (d).
938.355(6d)(a)4.
4. Subject to
par. (d),
subds. 1. and
2. do not preclude a juvenile who has been adjudged delinquent and who has violated a condition specified in
sub. (2) (b) 7. from being taken into and held in custody under
ss. 938.19 to
938.21.
938.355(6d)(b)
(b)
Violation of condition of county aftercare supervision. 938.355(6d)(b)1.1. Notwithstanding
ss. 938.19 to
938.21, but subject to any general written policies adopted by the court under
s. 938.06 (1) or
(2), to any policies adopted by the county department relating to aftercare supervision administered by the county department and to any policies adopted by the county board relating to the taking into custody and placement of a juvenile under this subdivision, if a juvenile who is on aftercare supervision administered by the county department violates a condition of that supervision, the juvenile's caseworker or any other person authorized to provide or providing intake or dispositional services for the court under
s. 938.067 or
938.069 may, without a hearing, take the juvenile into custody and place the juvenile in a secure detention facility or juvenile portion of a county jail that meets the standards promulgated by the department by rule or in a place of nonsecure custody designated by that person for not more than 72 hours while the alleged violation and the appropriateness of revoking the juvenile's aftercare status are being investigated, 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 that possible placement and that he or she understands those conditions and that possible placement.
938.355(6d)(b)2.
2. Notwithstanding
ss. 938.19 to
938.21, but subject to any general written policies adopted by the court under
s. 938.06 (1) or
(2), to any policies adopted by the county department relating to aftercare supervision administered by the county department and to any policies adopted by the county board relating to the taking into custody and placement of a juvenile under this subdivision, if a juvenile who is on aftercare supervision administered by the county department violates a condition of that supervision, the juvenile's caseworker or any other person authorized to provide or providing intake or dispositional services for the court under
s. 938.067 or
938.069 may, without a hearing, take the juvenile into custody and place the juvenile in a secure detention facility or juvenile portion of a county jail that meets the standards promulgated by the department by rule or in a place of nonsecure custody designated by that person for not more than 72 hours as a consequence of that violation, if at the dispositional hearing the court explained those conditions to the juvenile and informed the juvenile of the possibility of that placement 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 that possible placement and that he or she understands those conditions and that possible placement. A person who takes a juvenile into custody under this subdivision shall permit the juvenile to make a written or oral statement concerning the possible placement of the juvenile and the course of conduct for which the juvenile was taken into custody. A person designated by the court or the county department who is employed in a supervisory position by a person authorized to provide or providing intake or dispositional services under
s. 938.067 or
938.069 shall review that statement and shall either approve the placement of the juvenile or order the juvenile to be released from custody.
938.355(6d)(b)3.
3. A juvenile may be taken into and held in custody under both
subds. 1. and
2. in connection with the same course of conduct, except that no juvenile may be held in custody for more than a total of 72 hours under
subds. 1. and
2. in connection with the same course of conduct unless the juvenile receives a hearing under
par. (d).
938.355(6d)(b)4.
4. Subject to
par. (d),
subds. 1. and
2. do not preclude a juvenile who has violated a condition of aftercare supervision administered by a county department from being taken into and held in custody under
ss. 938.19 to
938.21.
938.355(6d)(c)1.1. Notwithstanding
ss. 938.19 to
938.21, but subject to any general written policies adopted by the court under
s. 938.06 (1) or
(2) and to any policies adopted by the county board relating to the taking into custody and placement of a juvenile under this subdivision, 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 juvenile's caseworker or any other person authorized to provide or providing intake or dispositional services for the court under
s. 938.067 or
938.069 may, without a hearing, take the juvenile into custody and place the juvenile in a place of nonsecure custody designated by that person for not more than 72 hours while the alleged violation and the appropriateness of a sanction under
sub. (6) or
(6m) are being investigated, if at the dispositional hearing the court explained those conditions to the juvenile and informed the juvenile of the possibility of that placement 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 that possible placement and that he or she understands those conditions and that possible placement.
938.355(6d)(c)2.
2. Notwithstanding
ss. 938.19 to
938.21, but subject to any general written policies adopted by the court under
s. 938.06 (1) or
(2) and to any policies adopted by the county board relating to the taking into custody and placement of a juvenile under this subdivision, 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 juvenile's caseworker or any other person authorized to provide or providing intake or dispositional services for the court under
s. 938.067 or
938.069 may, without a hearing, take the juvenile into custody and place the juvenile in a place of nonsecure custody designated by that person for not more than 72 hours as a consequence of that violation, if at the dispositional hearing the court explained those conditions to the juvenile and informed the juvenile of the possibility of that placement 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 that possible placement and that he or she understands those conditions and that possible placement. A person who takes a juvenile into custody under this subdivision shall permit the juvenile to make a written or oral statement concerning the possible placement of the juvenile and the course of conduct for which the juvenile was taken into custody. A person designated by the court or the county department who is employed in a supervisory position by a person authorized to provide or providing intake or dispositional services under
s. 938.067 or
938.069 shall review that statement and shall either approve the placement or order the juvenile to be released from custody.
938.355(6d)(c)3.
3. A juvenile may be taken into and held in custody under both
subds. 1. and
2. in connection with the same course of conduct, except that no juvenile may be held in custody for more than a total of 72 hours under
subds. 1. and
2. in connection with the same course of conduct unless the juvenile receives a hearing under
par. (d).
938.355(6d)(c)4.
4. Subject to
par. (d),
subds. 1. and
2. do not preclude a juvenile who has been found to be in need of protection or services and who has violated a condition specified in
sub. (2) (b) 7. from being taken into and held in custody under
ss. 938.19 to
938.21.
938.355(6d)(d)
(d)
Hearing; when required. If a juvenile is held under
par. (a),
(b) or
(c) in a secure detention facility, juvenile portion of a county jail or place of nonsecure custody for longer than 72 hours, the juvenile is entitled to a hearing under
sub. (6) (c) or
s. 938.21. The hearing shall be conducted in the manner provided in
sub. (6) or
s. 938.21, except that for a hearing under
s. 938.21 the hearing shall be conducted within 72 hours, rather than 24 hours, after the time that the decision to hold the juvenile was made and a written statement of the reasons for continuing to hold the juvenile in custody may be filed rather than a petition under
s. 938.25.
938.355(6d)(e)
(e)
County board authorization required. The use of placement in a secure detention facility or in a juvenile portion of a county jail as a place of short-term detention under
par. (a) 1. or
2. or
(b) 1. or
2. is subject to the adoption of a resolution by the county board of supervisors under
s. 938.06 (5) authorizing the use of those placements as places of short-term detention under
par. (a) 1. or
2. or
(b) 1. or
2.
938.355(6g)
(6g) Contempt for continued violation of order. 938.355(6g)(a)(a) If a juvenile upon whom the court has imposed a sanction under
sub. (6) (a) or
(6m) commits a 2nd or subsequent violation of a condition specified in
sub. (2) (b) 7., the district attorney may file a petition under
s. 938.12 charging the juvenile with contempt of court, as defined in
s. 785.01 (1), and reciting the disposition under
s. 938.34 sought to be imposed. The district attorney may bring the motion on his or her own initiative or on the request of the court that imposed the condition specified in
sub. (2) (b) 7. or that imposed the sanction under
sub. (6) (a) or
(6m). If the district attorney brings the motion on the request of the court that imposed the condition specified in
sub. (2) (b) 7. or that imposed the sanction under
sub. (6) (a) or
(6m), that court is disqualified from holding any hearing on the contempt petition.
938.355(6g)(b)
(b) The court may find a juvenile in contempt of court, as defined in
s. 785.01 (1), and order a disposition under
s. 938.34 only if the court makes all of the following findings:
938.355(6g)(b)1.
1. That the juvenile has previously been sanctioned under
sub. (6) (a) or
(6m) for violating a condition specified in
sub. (2) (b) 7. and, subsequent to that sanction, has committed another violation of a condition specified in
sub. (2) (b) 7.
938.355(6g)(b)2.
2. That at the sanction hearing the court explained the conditions to the juvenile and informed the juvenile of a possible finding of contempt for a violation and the possible consequences of that contempt.
938.355(6g)(b)4.
4. That the court has considered less restrictive alternatives and found them to be ineffective.
938.355(6g)(c)
(c) This subsection does not preclude a person who is aggrieved by a juvenile's violation of a condition specified in
sub. (2) (b) 7. from proceeding against the juvenile for contempt of court under
ch. 785.
938.355(6m)
(6m) Sanctions for violation of order: truancy or habitual truancy. 938.355(6m)(a)(a) If the court finds by a preponderance of the evidence that a juvenile who has been found to have violated a municipal ordinance enacted under
s. 118.163 (2) or who has been found to be in need of protection or services under
s. 938.13 (6) has violated a condition specified under
sub. (2) (b) 7., the court may order as a sanction any combination of the sanctions specified in
subds.1g. to
4. and the dispositions specified in
s. 938.342 (1g) (d) to
(j) and
(1m), regardless of whether the disposition was imposed in the order violated by the juvenile, if at the dispositional hearing under
s. 938.335 the court explained those conditions to the juvenile and informed the juvenile of the possible sanctions under this paragraph 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 court may order as a sanction under this paragraph any of the following:
938.355(6m)(a)1g.
1g. Placement of the juvenile in a secure detention facility or juvenile portion of a county jail that meets the standards promulgated by the department 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. The use of placement in a secure detention facility or in a juvenile portion of a county jail as a sanction under this subdivision is subject to the adoption of a resolution by the county board of supervisors under
s. 938.06 (5) authorizing the use of those placements as a sanction.
938.355(6m)(a)1m.
1m. Suspension 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 not more than one year. If the juvenile does not hold a valid operator's license under
ch. 343, other than an instruction permit under
s. 343.07 or a restricted license under
s. 343.08, on the date of the order issued under this subdivision, the court may order the suspension or limitation to begin on the date that the operator's license would otherwise be reinstated or issued after the juvenile applies and qualifies for issuance or 2 years after the date of the order issued under this subdivision, whichever occurs first. If the court suspends a juvenile's operating privilege 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 the license or approval with a notice stating the reason for and the duration of the suspension.
938.355(6m)(a)2.
2. Counseling or participation for not more than 25 hours in a supervised work program or other community service work under
s. 938.34 (5g).
938.355(6m)(a)3.
3. Detention in the juvenile's home or current residence for a period of not more than 30 days except during hours in which the juvenile is attending religious worship or a school program, including travel time required to get to and from the place of worship or school program. The order may permit a juvenile to leave his or her home or current residence if he or she is accompanied by a parent or guardian.
938.355(6m)(a)4.
4. Participation after school, in the evening, on weekends, on other nonschool days, or at any other time that the juvenile is not under immediate adult supervision, in the social, behavioral, academic, community service, and other programming of a youth report center.
Subdivision 2. and
s. 938.34 (5g) apply to any community service work performed by a juvenile under this subdivision.
938.355(6m)(ag)
(ag) If the court finds by a preponderance of the evidence that a juvenile who has been found to have violated a municipal ordinance enacted under
s. 118.163 (1m) has violated a condition specified under
sub. (2) (b) 7., the court may order as a sanction any combination of the operating privilege suspension specified in
par. (a) and the dispositions specified in
s. 938.342 (1g) (b) to
(k) and
(1m), regardless of whether the disposition was imposed in the order violated by the juvenile, if at the dispositional hearing under
s. 938.335 the court explained those conditions to the juvenile and informed the juvenile of the possible sanctions under this paragraph 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.
938.355(6m)(am)1.1. If a juvenile who has violated a municipal ordinance enacted under
s. 118.163 (2) 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. (a) 1g. if, at the time of the judgment the municipal court explained the conditions to the juvenile and informed the juvenile of that possible sanction 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 that possible sanction and that he or she understands those conditions and that possible sanction. 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.
