938.345(3)(a)4.
4. Whether the victim suffered from a mental illness or mental deficiency that rendered him or her temporarily or permanently incapable of understanding or evaluating the consequences of his or her actions.
938.345(3)(a)5.
5. The probability that the juvenile will commit other violations in the future.
938.345(3)(a)6.
6. Any other factor that the court determines may be relevant to the particular case.
938.345(3)(b)
(b) If the court orders a juvenile to comply with the reporting requirements under
s. 301.45, the court may order the juvenile to continue to comply with the reporting requirements until his or her death.
938.345(3)(c)
(c) If the court orders a juvenile to comply with the reporting requirements under
s. 301.45, the clerk of the court in which the order is entered shall promptly forward a copy of the order to the department of corrections. If the finding of need of protection or services on which the order is based is reversed, set aside or vacated, the clerk of the court shall promptly forward to the department of corrections a certificate stating that the finding has been reversed, set aside or vacated.
938.346
938.346
Notice to victims of juveniles' acts. 938.346(1)
(1) Each known victim of a juvenile's act shall receive timely notice of the following information:
938.346(1)(d)1.
1. Information regarding any decision to close a case under
s. 938.24 (5m), any deferred prosecution agreement under
s. 938.245, any decision not to file a petition under
s. 938.25 (2m), any consent decree under
s. 938.32 or any dispositional order under
ss. 938.34 to
938.345. The information may not include reports under
s. 938.295 or
938.33 or any other information that deals with sensitive personal matters of the juvenile and the juvenile's family and that does not directly relate to the act or alleged act committed against the victim. This subdivision does not affect the right of a victim to attend any hearing that the victim is permitted to attend under
s. 938.299 (1) (am).
938.346(1)(d)2.
2. The procedure the victim may follow for obtaining the information in
subd. 1.
938.346(1)(e)
(e) The procedure under
s. 938.296 under which the victim, if an adult, or the parent, guardian or legal custodian of the victim, if the victim is a child, may request an order requiring a juvenile who is alleged to have violated
s. 940.225,
948.02,
948.025,
948.05 or
948.06 to submit to a test or a series of tests to detect the presence of HIV, as defined in
s. 252.01 (1m), antigen or nonantigenic products of HIV, an antibody to HIV or a sexually transmitted disease, as defined in
s. 252.11 (1), and to have the results of that test or series of tests disclosed as provided in
s. 938.296 (4) (a) to
(e).
938.346(1)(ec)
(ec) The procedure under
s. 938.296 under which the victim, if an adult, or the parent, guardian or legal custodian of the victim, if the victim is a child, may request an order requiring a juvenile who is alleged to have violated
s. 946.43 (2m) to submit to a test or a series of tests to detect the presence of communicable diseases and to have the results of that test or series of tests disclosed as provided in
s. 938.296 (5) (a) to
(e).
938.346(1)(em)
(em) The right to confer, if requested, with an intake worker regarding deferred prosecution agreements under
s. 938.245 (1m) or with a district attorney or corporation counsel under
s. 938.265 regarding the possible outcomes of the proceedings and under
s. 938.32 (1) (am) regarding consent decrees.
938.346(1)(f)
(f) The right to request and receive notice of the time and place of any hearing that the victim may attend under
s. 938.299 (1) (am).
938.346(1)(fm)3.
3. The right to have victim impact information included in a court report under
s. 938.33 and to have the person preparing the court report attempt to contact the victim, as provided under
s. 938.331.
938.346(1)(h)6.
6. The right to complain to the department of justice concerning the treatment of crime victims, as provided under
s. 950.08 (3), and to request review by the crime victims rights board of the complaint, as provided under
s. 950.09 (2).
938.346(1m)
(1m) The intake worker shall make a reasonable attempt to provide notice of the information specified in
sub. (1) (a),
(b),
(c) and
(h), the information specified in
sub. (1) (d) relating to a deferred prosecution agreement under
s. 938.245, the information specified in
sub. (1) (em) relating to the right to confer, if requested, on deferred prosecution agreements and the information specified in
sub. (3) if the juvenile's case is closed. The district attorney or corporation counsel shall make a reasonable attempt to provide notice of the information specified in
sub. (1) (e),
(f),
(fm) and
(g), the information specified in
sub. (1) (d) relating to a consent decree under
s. 938.32 or a dispositional order under
ss. 938.34 to
938.345, the information specified in
sub. (1) (em) relating to the right to request an opportunity to confer, if requested, on amendment of petitions, consent decrees and disposition recommendations and the information under
sub. (3) if he or she decides not to file a petition or the proceeding is terminated without a consent decree or dispositional order after the filing of a petition.
938.346(2)
(2) The notice under
sub. (1) shall include an explanation of the restrictions on divulging information obtained under this chapter and the penalties for violations.
938.346(3)
(3) If an inquiry is closed by an intake worker or otherwise does not result in a deferred prosecution agreement, the intake worker shall make a reasonable attempt to inform each known victim of the juvenile's alleged act as provided in
s. 938.24 (5m). If a district attorney or corporation counsel decides not to file a petition or if, after a petition is filed, a proceeding is dismissed or otherwise does not result in a consent decree or dispositional order, a district attorney or corporation counsel shall make a reasonable attempt to inform each known victim of the juvenile's alleged act as provided in
s. 938.25 (2m) or
938.312, whichever is applicable.
938.346(4)
(4) If the victim, as defined in
s. 938.02 (20m) (a) 1., is a child, the notice under this section shall be given to the child's parents, guardian or legal custodian.
938.346(5)
(5) Chief judges and circuit judges shall establish by policy and rule procedures for the implementation of this section. Subject to
subs. (1m) and
(3), the policies and rules shall specify when, how and by whom the notice under this section shall be provided to victims and with whom victims may confer regarding deferred prosecution agreements, amendment of petitions, consent decrees and disposition recommendations.
938.35
938.35
Effect of judgment and disposition. 938.35(1)
(1) The court shall enter a judgment setting forth the court's findings and disposition in the proceeding. A judgment in a proceeding on a petition under this chapter is not a conviction of a crime, does not impose any civil disabilities ordinarily resulting from the conviction of a crime and does not operate to disqualify the juvenile in any civil service application or appointment. The disposition of a juvenile, and any record of evidence given in a hearing in court, is not admissible as evidence against the juvenile in any case or proceeding in any other court except for the following:
938.35(1)(a)
(a) In sentencing proceedings after conviction of a felony or misdemeanor and then only for the purpose of a presentence investigation.
938.35(1)(b)
(b) In a proceeding in any court assigned to exercise jurisdiction under this chapter and
ch. 48.
938.35(1)(c)
(c) In a court of civil or criminal jurisdiction while it is exercising jurisdiction over an action affecting the family and is considering the custody of a juvenile.
938.35(1)(cm)
(cm) In a court of civil or criminal jurisdiction for purposes of setting bail under
ch. 969 or impeaching a witness under
s. 906.09.
938.35(1)(d)
(d) The fact that a juvenile has been adjudged delinquent on the basis of unlawfully and intentionally killing a person is admissible for the purpose of
s. 854.14 (5) (b).
938.35(1m)
(1m) Disposition by the court assigned to exercise jurisdiction under this chapter and
ch. 48 of any allegation under
s. 938.12 or
938.13 (12) shall bar any future proceeding on the same matter in criminal court when the juvenile reaches the age of 17. This paragraph does not affect proceedings in criminal court which have been transferred under
s. 938.18.
938.35(2)
(2) Except as specifically provided in
sub. (1), this section does not preclude the court from disclosing information to qualified persons if the court considers the disclosure to be in the best interests of the juvenile or of the administration of justice.
938.35 Annotation
If evidence of a prior rape is introduced at a rape trial to prove identity, testimony of the prior rape victim is admissible notwithstanding that the defendant was tried as a juvenile for the prior rape. Sanford v. State,
76 Wis. 2d 72,
250 N.W.2d 348 (1977).
938.35 Annotation
Inferential impeachment; the presence of parole officers at subsequent juvenile adjudications. O'Donnell, 55 MLR 349.
938.35 Note
NOTE: The above annotations cite to s. 48.35, the predecessor statute to s. 938.35.
938.355
938.355
Dispositional orders. 938.355(1)
(1)
Intent. In any order under
s. 938.34 or
938.345, the court shall decide on a placement and treatment finding based on evidence submitted to the court. The disposition shall employ those means necessary to promote the objectives specified in
s. 938.01. If the judge has determined that any of the conditions specified in
s. 938.34 (4m) (b) 1.,
2., or
3. applies, that determination shall be prima facie evidence that a less restrictive alternative than placement in a secured correctional facility, a secured child caring institution, or a secured group home is not appropriate. If information under
s. 938.331 has been provided in a court report under
s. 938.33 (1), the court shall consider that information when deciding on a placement and treatment finding.
938.355(2)(a)(a) In addition to the order, the court shall make written findings of fact and conclusions of law based on the evidence presented to the court to support the disposition ordered, including findings as to the juvenile's condition and need for special treatment or care if an examination or assessment was conducted under
s. 938.295. A finding may not include a finding that a juvenile is in need of psychotropic medications.
938.355(2)(b)
(b) The court order shall be in writing and shall contain:
938.355(2)(b)1.
1. The specific services or continuum of services to be provided to the juvenile and family, the identity of the agencies which are to be primarily responsible for the provision of the services mandated by the court, the identity of the person or agency who will provide case management or coordination of services, if any, and, if custody is to be transferred to effect the treatment plan, the identity of the legal custodian.
938.355(2)(b)1m.
1m. A notice that the juvenile's parent, guardian or legal custodian or the juvenile, if 14 years of age or over, may request an agency that is providing care or services for the juvenile or that has legal custody of the juvenile to disclose to, or make available for inspection by, the parent, guardian, legal custodian or juvenile the contents of any record kept or information received by the agency about the juvenile as provided in
s. 938.78 (2) (ag).
938.355(2)(b)2.
2. If the juvenile is placed outside the home, the name of the place or facility, including transitional placements, where the juvenile shall be cared for or treated, except that if the placement is a foster home or treatment foster home and the name and address of the foster parent or treatment foster parent is not available at the time of the order, the name and address of the foster parent or treatment foster parent shall be furnished to the court and the parent within 21 days of the order. If, after a hearing on the issue with due notice to the parent or guardian, the court finds that disclosure of the identity of the foster parent or treatment foster parent would result in imminent danger to the juvenile, the foster parent or the treatment foster parent, the court may order the name and address of the prospective foster parents or treatment foster parents withheld from the parent or guardian.
938.355(2)(b)4.
4. If the juvenile is placed outside the juvenile's home, a designation of the amount of support, if any, to be paid by the juvenile's parent, guardian or trustee, specifying that the support obligation begins on the date of the placement, or a referral to the county child support agency under
s. 59.53 (5) for establishment of child support.
938.355(2)(b)4m.
4m. If the juvenile is placed outside the home and if the juvenile's parent has not already provided a statement of income, assets, debts and living expenses to the county department under
s. 938.30 (6) (b) or
(c) or
938.31 (7) (b) or
(c), an order for the parent to provide that statement to the county department by a date specified by the court. The county department shall provide, without charge, to the parent a form on which to provide that statement, and the parent shall provide that statement on that form. The county department shall use the information provided in the statement to determine whether the department may claim federal foster care and adoption assistance reimbursement under
42 USC 670 to
679a for the cost of providing care for the juvenile.
938.355(2)(b)6.
6. If the juvenile is placed outside the home, a finding that continued placement of the juvenile in his or her home would be contrary to the welfare of the juvenile or, if the juvenile has been adjudicated delinquent and is placed outside the home under
s. 938.34 (3) (a),
(c),
(cm), or
(d) or
(4d), a finding that the juvenile's current residence will not safeguard the welfare of the juvenile or the community due to the serious nature of the act for which the juvenile was adjudicated delinquent. The court order shall also contain a finding as to whether the county department or the agency primarily responsible for providing services under a court order has made reasonable efforts to prevent the removal of the juvenile from the home, while assuring that the juvenile's health and safety are the paramount concerns, unless the court finds that any of the circumstances specified in
sub. (2d) (b) 1. to
4. applies, and a finding as to whether the county department or agency has made reasonable efforts to achieve the goal of the juvenile's permanency plan, unless return of the juvenile to the home is the goal of the permanency plan and the court finds that any of the circumstances specified in
sub. (2d) (b) 1. to
4. applies. The court shall make the findings specified in this subdivision on a case-by-case basis based on circumstances specific to the juvenile and shall document or reference the specific information on which those findings are based in the court order. A court order that merely references this subdivision without documenting or referencing that specific information in the court order or an amended court order that retroactively corrects an earlier court order that does not comply with this subdivision is not sufficient to comply with this subdivision.
938.355(2)(b)6m.
6m. If the juvenile is placed outside the home in a placement recommended by the agency designated under
s. 938.33 (1), a statement that the court approves the placement recommended by the agency or, if the juvenile is placed outside the home in a placement other than a placement recommended by that agency, a statement that the court has given bona fide consideration to the recommendations made by the agency and all parties relating to the juvenile's placement.
938.355(2)(b)6r.
6r. If the court finds that any of the circumstances specified in
sub. (2d) (b) 1. to
4. applies with respect to a parent, a determination that the county department or agency primarily responsible for providing services under the court order is not required to make reasonable efforts with respect to the parent to make it possible for the juvenile to return safely to his or her home.
938.355(2)(b)7.
7. A statement of the conditions with which the juvenile is required to comply.
938.355(2)(c)
(c) If school attendance is a condition of an order under
par. (b) 7., the order shall specify what constitutes a violation of the condition and shall direct the school board of the school district, or the governing body of the private school, in which the juvenile is enrolled to notify the county department that is responsible for supervising the juvenile within 5 days after any violation of the condition by the juvenile.
938.355(2)(d)
(d) The court shall provide a copy of the dispositional order to the juvenile's parent, guardian or trustee.
938.355(2b)
(2b) Concurrent reasonable efforts permitted. A county department or the agency primarily responsible for providing services to a juvenile under a court order may, at the same time as the county department or agency is making the reasonable efforts required under
sub. (2) (b) 6. to prevent the removal of the juvenile from the home or to make it possible for the juvenile to return safely to his or her home, work with the department of health and family services, a county department under
s. 48.57 (1) (e) or
(hm), or a child welfare agency licensed under
s. 48.61 (5) in making reasonable efforts to place the juvenile for adoption, with a guardian, with a fit and willing relative, or in some other alternative permanent placement.
938.355(2c)(a)(a) When a court makes a finding under
sub. (2) (b) 6. as to whether a county department which provides social services or the agency primarily responsible for providing services to the juvenile under a court order has made reasonable efforts to prevent the removal of the juvenile from his or her home, while assuring that the juvenile's health and safety are the paramount concerns, the court's consideration of reasonable efforts shall include, but not be limited to, whether:
938.355(2c)(a)1.
1. A comprehensive assessment of the family's situation was completed, including a determination of the likelihood of protecting the juvenile's health, safety and welfare effectively in the home.
938.355(2c)(a)2.
2. Financial assistance, if applicable, was provided to the family.
938.355(2c)(a)3.
3. Services were offered or provided to the family, if applicable, and whether any assistance was provided to the family to enable the family to utilize the services. Examples of the types of services that may have been offered include:
938.355(2c)(a)3.c.
c. Community support services, such as day care, parenting skills training, housing assistance, employment training and emergency mental health services.
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.
