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, a secured child caring institution or a secured group home.
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;
1999 a. 9.
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, personnel of an agency contracted with under
s. 301.08 (1) (b) 3. designated by agreement between the agency and the department and personnel of a county contracted with under
s. 301.08 (1) (b) 4. designated by agreement between the county 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, a residential care center for children and youth, or a secured group home.
938.08(3)(a)2.
2. If the juvenile has failed to return to a secured correctional facility, a residential care center for children and youth, or a secured group home after any authorized absence.
938.08(3)(b)
(b) A juvenile who is taken into custody under
par. (a) may be returned directly to the secured correctional facility, residential care center for children and youth, or secured group home and shall have a hearing regarding placement in a disciplinary cottage or in disciplinary status in accordance with
ch. 227.
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
The state may not delay in charging a child in order to avoid juvenile court jurisdiction. State v. Becker,
74 Wis. 2d 675,
247 N.W.2d 495 (1976).
938.12 Annotation
Notwithstanding s. 48.13 (12), the court had jurisdiction under s. 48.12 (1) over a child who committed a delinquent act before his 12th birthday but was charged after his 12th birthday. In Matter of D. V.
100 Wis. 2d 363,
302 N.W.2d 64 (Ct. App. 1981).
938.12 Annotation
Under the facts of the case, the court retained jurisdiction to determine waiver although the juvenile turned 18 after the proceedings were commenced. In Interest of TDP.
109 Wis. 2d 495,
326 N.W.2d 741 (1982).
938.12 Annotation
A contempt of court allegation did not support a determination of delinquency. In Interest of V. G.
111 Wis. 2d 647,
331 N.W.2d 632 (Ct. App. 1983).
938.12 Annotation
A prior adult proceeding that litigated the question of the respondent's age collaterally estopped the state from relitigating the same question in juvenile court, and the juvenile court had subject matter jurisdiction of the case. In Interest of H.N.T.
125 Wis. 2d 242,
371 N.W.2d 395 (Ct. App. 1985).
938.12 Annotation
Juvenile court proceedings are commenced under sub. (2) upon filing the petition. The child need not appear in juvenile court before reaching age 18 for the court to retain jurisdiction. In Interest of D.W.B.
158 Wis. 2d 398,
462 N.W.2d 520 (1990).
938.12 Annotation
When a juvenile turns 18 during the pendency of proceedings, the filing of a waiver petition prior to a plea hearing is not required for waiver of jurisdiction under sub. (2). In Interest of K.A.P.
159 Wis. 2d 384,
464 N.W.2d 106 (Ct. App. 1990).
938.12 Annotation
The age of the defendant at the time of charging determines juvenile court jurisdiction regardless of the defendant's age at the time of the offense. State v. Annola,
168 Wis. 2d 453,
484 N.W.2d 138 (1992).
938.12 Annotation
Wisconsin courts have jurisdiction over resident juveniles alleged to be delinquent because they violated another state's criminal laws. 70 Atty. Gen. 143.
938.12 Annotation
Greater Jurisdiction Discretion. Schneider & Harrison. Wis. Law. Apr. 1996.
938.12 Note
NOTE: The above annotations cite to s. 48.12, the predecessor statute to s. 938.12.
938.12 Annotation
A defendant is not entitled to an evidentiary hearing as a matter of right whenever there is a mere allegation that the state intentionally "manipulated the system" to avoid juvenile court jurisdiction. The standard for determining when a hearing should be granted is articulated. State v. Velez,
224 Wis. 2d 1,
589 N.W.2d 9 (1999).
938.12 Annotation
The state does not have jurisdiction over delinquent acts committed by Menominee tribal members within reservation boundaries, but does have jurisdiction over acts committed off the reservation. State v. Elmer J.K.
224 Wis. 2d 372,
591 N.W.2d 176 (Ct. App. 1999).
938.125
938.125
Jurisdiction over juveniles alleged to have violated civil laws or ordinances. The court has exclusive jurisdiction over any juvenile alleged to have violated a law punishable by forfeiture or a county, town or other municipal ordinance, except as follows:
938.125(2)
(2) That the court has exclusive jurisdiction over any juvenile alleged to have violated an ordinance enacted under
s. 118.163 (2) only if evidence is provided by the school attendance officer that the activities under
s. 118.16 (5) have been completed or were not required to be completed as provided in
s. 118.16 (5m).
938.125 History
History: 1995 a. 77;
1997 a. 35,
239.
938.13
938.13
Jurisdiction over juveniles alleged to be in need of protection or services. The court has exclusive original jurisdiction over a juvenile alleged to be in need of protection or services which can be ordered by the court, and:
938.13(4)
(4) Whose parent or guardian signs the petition requesting jurisdiction under this subsection and is unable or needs assistance to control the juvenile.
938.13(6)
(6) Who is habitually truant from school, if evidence is provided by the school attendance officer that the activities under
s. 118.16 (5) have been completed or were not required to be completed as provided in
s. 118.16 (5m), except as provided under
s. 938.17 (2).
938.13(7)
(7) Who is habitually truant from home and either the juvenile or a parent, guardian or a relative in whose home the juvenile resides signs the petition requesting jurisdiction and attests in court that reconciliation efforts have been attempted and have failed.
938.13(12)
(12) Who, being under 10 years of age, has committed a delinquent act as defined in
s. 938.12.
938.13(14)
(14) Who has been determined, under
s. 938.30 (5) (c), to be not responsible for a delinquent act by reason of mental disease or defect or who has been determined, under
s. 938.30 (5) (d), to be not competent to proceed.
938.13 History
History: 1995 a. 77,
275;
1997 a. 35,
239.
938.135
938.135
Referral of juveniles to proceedings under ch. 51 or 55. 938.135(1)(1) If a juvenile alleged to be delinquent or in need of protection or services is before the court and it appears that the juvenile is developmentally disabled, mentally ill or drug dependent or suffers from alcoholism, the court may proceed under
ch. 51 or
55.
938.135(2)
(2) Any voluntary or involuntary admissions, placements or commitments of a juvenile made in or to an inpatient facility, as defined in
s. 51.01 (10), other than a commitment under
s. 938.34 (6) (am) shall be governed by
ch. 51 or
55.
938.135 History
History: 1995 a. 77.
938.14
938.14
Jurisdiction over interstate compact proceedings. The court has exclusive jurisdiction over proceedings under the interstate compact for juveniles under
s. 938.991.
938.14 History
History: 1995 a. 77.
938.15
938.15
Jurisdiction of other courts to determine legal custody. Nothing contained in
s. 938.12,
938.13 or
938.14 deprives other courts of the right to determine the legal custody of juveniles by habeas corpus or to determine the legal custody or guardianship of juveniles if the legal custody or guardianship is incidental to the determination of causes pending in the other courts. But the jurisdiction of the court assigned to exercise jurisdiction under this chapter and
ch. 48 is paramount in all cases involving juveniles alleged to come within the provisions of
ss. 938.12 to
938.14.
938.15 History
History: 1995 a. 77.
938.17
938.17
Jurisdiction over traffic, boating, snowmobile and all-terrain vehicle violations and over civil law and ordinance violations. 938.17(1)
(1)
Traffic, boating, snowmobile and all-terrain vehicle violations. Except for
ss. 342.06 (2) and
344.48 (1), and
ss. 30.67 (1) and
346.67 (1) when death or injury occurs, courts of criminal and civil jurisdiction shall have exclusive jurisdiction in proceedings against juveniles 16 or older for violations of
s. 23.33, of
ss. 30.50 to
30.80, of
chs. 341 to
351, and of traffic regulations as defined in
s. 345.20 and nonmoving traffic violations as defined in
s. 345.28 (1). A juvenile charged with a traffic, boating, snowmobile or all-terrain vehicle offense in a court of criminal or civil jurisdiction shall be treated as an adult before the trial of the proceeding except that the juvenile may be held in secure custody only in a secure detention facility. A juvenile convicted of a traffic, boating, snowmobile or all-terrain vehicle offense in a court of criminal or civil jurisdiction shall be treated as an adult for sentencing purposes except as follows:
938.17(1)(a)
(a) The court may disregard any minimum period of incarceration specified for the offense.
938.17(1)(b)
(b) If the court orders the juvenile to serve a period of incarceration of less than 6 months, the juvenile may serve that period of incarceration only in a secure detention facility.
938.17(1)(c)
(c) If the court of civil or criminal jurisdiction orders the juvenile to serve a period of incarceration of 6 months or more, that court shall petition the court assigned to exercise jurisdiction under this chapter and
ch. 48 to order one or more of the dispositions provided in
s. 938.34, including placement of the juvenile in a secured correctional facility, a secured child caring institution or a secured group home under
s. 938.34 (4m), if appropriate.
938.17(2)
(2) Civil law and ordinance violations. 938.17(2)(a)1.1. Except as provided in
sub. (1), municipal courts have concurrent jurisdiction with the court assigned to exercise jurisdiction under this chapter and
ch. 48 in proceedings against juveniles aged 12 or older for violations of county, town or other municipal ordinances. If evidence is provided by the school attendance officer that the activities under
s. 118.16 (5) have been completed or were not required to be completed as provided in
s. 118.16 (5m), the municipal court specified in
subd. 2. may exercise jurisdiction in proceedings against a juvenile for a violation of an ordinance enacted under
s. 118.163 (2) regardless of the juvenile's age and regardless of whether the court assigned to exercise jurisdiction under this chapter and
ch. 48 has jurisdiction under
s. 938.13 (6).
938.17(2)(a)2.a.a. In this subdivision, "administrative center" means the main administrative offices of a school district.
938.17(2)(a)2.b.
b. The municipal court that may exercise jurisdiction under
subd. 1. is the municipal court that is located in the same municipality as the administrative center of the school district in which the juvenile is enrolled, if that municipality has adopted an ordinance under
s. 118.163.
938.17(2)(a)2.c.
c. If the municipality specified under
subd. 2. b. has not adopted an ordinance under
s. 118.163, the municipal court that may exercise jurisdiction under
subd. 1. is the municipal court that is located in the municipality where the school in which the juvenile is enrolled is located, if that municipality has adopted an ordinance under
s. 118.163.
