938.44 History
History: 1995 a. 77.
938.45
938.45
Orders applicable to adults. 938.45(1)(a)(a) If in the hearing of a case of a juvenile alleged to be delinquent under
s. 938.12 or in need of protection or services under
s. 938.13 it appears that any person 17 years of age or over has been guilty of contributing to, encouraging, or tending to cause by any act or omission, such condition of the juvenile, the court may make orders with respect to the conduct of such person in his or her relationship to the juvenile, including orders determining the ability of the person to provide for the maintenance or care of the juvenile and directing when, how and where funds for the maintenance or care shall be paid.
938.45(1)(b)
(b) An act or failure to act contributes to a condition of a juvenile as described in
s. 938.12 or
938.13, although the juvenile is not actually adjudicated to come within the provisions of
s. 938.12 or
938.13, if the natural and probable consequences of that act or failure to act would be to cause the juvenile to come within the provisions of
s. 938.12 or
938.13.
938.45(1m)(a)(a) In a proceeding in which a juvenile has been adjudicated delinquent or has been found to be in need of protection or services under
s. 938.13, the court may order the juvenile's parent, guardian or legal custodian to comply with any conditions determined by the court to be necessary for the juvenile's welfare. An order under this paragraph may include an order to participate in mental health treatment, anger management, individual or family counseling or parent training and education and to make a reasonable contribution, based on ability to pay, toward the cost of those services.
938.45(1m)(b)
(b) A court may not order inpatient treatment under
par. (a) for a juvenile's parent, guardian or legal custodian. All inpatient treatment commitments or admissions must be conducted in accordance with
ch. 51.
938.45(1r)(a)(a) In a proceeding in which a juvenile has been found to have committed a delinquent act or a civil law or ordinance violation that has resulted in damage to the property of another, or in actual physical injury to another excluding pain and suffering, the court may order a parent who has custody, as defined in
s. 895.035 (1), of the juvenile to make reasonable restitution for the damage or injury. Except for recovery for retail theft under
s. 943.51, the maximum amount of any restitution ordered under this paragraph for damage or injury resulting from any one act of a juvenile or from the same act committed by 2 or more juveniles in the custody of the same parent may not exceed $5,000. Any order under this paragraph shall include a finding that the parent who has custody of the juvenile is financially able to pay the amount ordered and may allow up to the date of expiration of the order for the payment. Any recovery under this paragraph shall be reduced by the amount recovered as restitution for the same act under
s. 938.34 (5) or
938.343 (4).
938.45(1r)(b)
(b) In a proceeding in which the court has determined under
s. 938.34 (8) or
938.343 (2) that the imposition of a forfeiture would be in the best interest of the juvenile and in aid of rehabilitation, the court may order a parent who has custody, as defined in
s. 895.035 (1), of the juvenile to pay the forfeiture. The amount of any forfeiture ordered under this paragraph may not exceed $5,000. Any order under this paragraph shall include a finding that the parent who has custody of the juvenile is financially able to pay the amount ordered and shall allow up to 12 months after the date of the order for the payment. Any recovery under this paragraph shall be reduced by the amount recovered as a forfeiture for the same act under
s. 938.34 (8) or
938.343 (2).
938.45(2)
(2) No order under
sub. (1) (a),
(1m) (a) or
(1r) (a) or
(b) may be entered until the person who is the subject of the contemplated order is given an opportunity to be heard on the contemplated order. The court shall cause notice of the time, place and purpose of the hearing to be served on the person personally at least 10 days before the date of hearing. The procedure in these cases shall, as far as practicable, be the same as in other cases in the court. At the hearing the person may be represented by counsel and may produce and cross-examine witnesses. Any person who fails to comply with any order issued by a court under
sub. (1) (a),
(1m) (a) or
(1r) (a) or
(b) may be proceeded against for contempt of court. If the person's conduct involves a crime, the person may be proceeded against under the criminal law.
938.45(3)
(3) If it appears at a court hearing that any person 17 years of age or older has violated
s. 948.40, the court shall refer the record to the district attorney for criminal proceedings as may be warranted in the district attorney's judgment. This subsection does not prevent prosecution of violations of
s. 948.40 without the prior reference by the court to the district attorney, as in other criminal cases.
938.45 Annotation
Municipal courts have statutory authority to order parents of a juvenile to pay a forfeiture imposed on their child for violating a nontraffic municipal ordinance.
OAG 4-00.
REHEARING AND APPEAL
938.46
938.46
New evidence. A juvenile whose status is adjudicated by the court under this chapter, or the juvenile's parent, guardian or legal custodian, may at any time within one year after the entering of the court's order petition the court for a rehearing on the ground that new evidence has been discovered affecting the advisability of the court's original adjudication. Upon a showing that such evidence does exist, the court shall order a new hearing. This section does not apply to motions made under
s. 974.07 (2).
938.46 History
History: 1995 a. 77;
2001 a. 16.
AUTHORITY
938.48
938.48
Authority of department. The department may do all of the following:
938.48(1)
(1) Promote the enforcement of the laws relating to delinquent juveniles and juveniles in need of protection or services and take the initiative in all matters involving the interests of such juveniles where adequate provision therefor is not made. This duty shall be discharged in cooperation with the courts, county departments and licensed child welfare agencies and with parents and other individuals interested in the welfare of juveniles.
938.48(2)
(2) Assist in extending and strengthening juvenile welfare services with appropriate federal agencies and in conformity with the federal social security act and in cooperation with parents, other individuals and other agencies so that all juveniles needing such services are reached.
938.48(3)
(3) Accept supervision over juveniles transferred to it by the court under
s. 938.183,
938.34 (4h),
(4m), or
(4n) or
938.357 (4), and provide special treatment or care when directed by the court. Except as provided in
s. 938.505 (2), a court may not direct the department to administer psychotropic medications to juveniles who receive special treatment or care under this subsection.
938.48(4)
(4) Provide appropriate care and training for juveniles under its supervision under
s. 938.183,
938.34 (4h),
(4m) or
(4n) or
938.357 (4); including serving those juveniles in their own homes, placing them in licensed foster homes or licensed treatment foster homes in accordance with
s. 48.63 or licensed group homes, contracting for their care by licensed child welfare agencies or replacing them in juvenile correctional institutions or secured child caring institutions in accordance with rules promulgated under
ch. 227, except that the department may not purchase the educational component of private day treatment programs for juveniles in its custody unless the department, the school board as defined in
s. 115.001 (7) and the state superintendent of public instruction all determine that an appropriate public education program is not available. Disputes between the department and the school district shall be resolved by the state superintendent of public instruction.
938.48(4m)
(4m) Continue to provide appropriate care, training and services to any person who meets all of the following qualifications:
938.48(4m)(d)
(d) Is determined by the department to be in need of care and services designed to fit such person for gainful employment and has requested and consented to receive such aid.
938.48(5)
(5) Provide for the moral and religious training of a juvenile under its supervision under
s. 938.183,
938.34 (4h),
(4m) or
(4n) or
938.357 (4) according to the religious belief of the juvenile or of the juvenile's parents.
938.48(6)
(6) Consent to emergency surgery under the direction of a licensed physician or surgeon for any juvenile under its supervision under
s. 938.183,
938.34 (4h),
(4m) or
(4n) or
938.357 (4) upon notification by a licensed physician or surgeon of the need for such surgery and if reasonable effort, compatible with the nature and time limitation of the emergency, has been made to secure the consent of the juvenile's parent or guardian.
938.48(13)
(13) Promulgate rules for the payment of an allowance to juveniles in its institutions and a cash grant to a juvenile being discharged from its institutions or released to aftercare supervision.
938.48(14)
(14) Pay maintenance, tuition and related expenses from the appropriation under
s. 20.410 (3) (ho) for persons who when they reached 17 years of age were students regularly attending a school, college or university or regularly attending a course of vocational or technical training designed to fit them for gainful employment, and who when reaching that age were under the supervision of the department under
s. 938.183,
938.34 (4h),
(4m) or
(4n) or
938.357 (4) as a result of a judicial decision.
938.48 Cross-reference
Cross Reference: See also chs.
DOC 371,
373,
374,
375,
376,
379,
380,
381,
383,
393, and
397, Wis. adm. code.
938.49
938.49
Notification by court of placement with department; information for department. 938.49(1)
(1) When the court places a juvenile in a secured correctional facility or secured child caring institution under the supervision of the department, the court shall immediately notify the department of that action. The court shall, in accordance with procedures established by the department, provide transportation for the juvenile to a receiving center designated by the department or deliver the juvenile to personnel of the department.
938.49(2)
(2) When the court places a juvenile in a secured correctional facility or a secured child caring institution under the supervision of the department, the court and all other public agencies shall also immediately transfer to the department a copy of the report submitted to the court under
s. 938.33 or, if the report was presented orally, a transcript of the report and all other pertinent data in their possession and shall immediately notify the juvenile's last school district in writing of its obligation under
s. 118.125 (4).
938.49 History
History: 1995 a. 77.
938.50
938.50
Examination of juveniles under supervision of department. 938.50(1)(1) The department shall examine every juvenile who is placed under its supervision to determine the type of placement best suited to the juvenile and to the protection of the public. This examination shall include an investigation of the personal and family history of the juvenile and his or her environment, any physical or mental examinations considered necessary to determine the type of placement that is necessary for the juvenile and the evaluation under
s. 938.533 (2) to determine whether the juvenile is eligible for corrective sanctions supervision or serious juvenile offender supervision. A juvenile who is examined under this subsection shall be screened to determine whether the juvenile is in need of special treatment or care because of alcohol or other drug abuse, mental illness or severe emotional disturbance.
938.50(2)
(2) In making this examination the department may use any facilities, public or private, that offer aid to it in the determination of the correct placement for the juvenile.
938.50 History
History: 1995 a. 77.
938.505
938.505
Juveniles placed under correctional supervision. 938.505(1)(1) When a juvenile is placed under the supervision of the department under
s. 938.183,
938.34 (4h),
(4m) or
(4n) or
938.357 (4) or
(5) (e) or under the supervision of a county department under
s. 938.34 (4n), the department or county department having supervision over the juvenile shall have the right and duty to protect, train, discipline, treat and confine the juvenile and to provide food, shelter, legal services, education and ordinary medical and dental care for the juvenile, subject to the rights, duties and responsibilities of the guardian of the juvenile and subject to any residual parental rights and responsibilities and the provisions of any court order.
938.505(2)(a)(a) If a juvenile 14 years of age or over who is under the supervision of the department or a county department as described in
sub. (1) and who is not residing in his or her home wishes to be administered psychotropic medication but a parent with legal custody or the guardian refuses to consent to the administration of psychotropic medication or cannot be found, or if there is no parent with legal custody, the department or county department acting on the juvenile's behalf may petition the court assigned to exercise jurisdiction under this chapter and
ch. 48 in the county in which the juvenile is located for permission to administer psychotropic medication to the juvenile. A copy of the petition and a notice of hearing shall be served upon the parent or guardian at his or her last-known address. If, after hearing, the court determines all of the following, the court shall grant permission for the department or county department to administer psychotropic medication to the juvenile without the parent's or guardian's consent:
938.505(2)(a)1.
1. That the parent's or guardian's consent is unreasonably withheld or that the parent or guardian cannot be found or that there is no parent with legal custody, except that the court may not determine that a parent's or guardian's consent is unreasonably withheld solely because the parent or guardian relies on treatment by spiritual means through prayer for healing in accordance with his or her religious tradition.
938.505(2)(a)2.
2. That the juvenile is 14 years of age or over and is competent to consent to the administration of psychotropic medication and that the juvenile voluntarily consents to the administration of psychotropic medication.
938.505(2)(a)3.
3. Based on the recommendation of a physician, that the juvenile is in need of psychotropic medication, that psychotropic medication is appropriate for the juvenile's needs and that psychotropic medication is the least restrictive treatment consistent with the juvenile's needs.
938.505(2)(b)
(b) The court may, at the request of the department or county department, temporarily approve the administration of psychotropic medication, for not more than 10 days after the date of the request, pending the hearing on the petition, which shall be held within those 10 days.
938.505 History
History: 1995 a. 77.
938.505 Cross-reference
Cross Reference: See also chs.
DOC 375 and
383, Wis. adm. code.
938.51
938.51
Notification of release or escape of juvenile from correctional custody or supervision. 938.51(1)
(1) At least 15 days prior to the date of release from a secured correctional facility, a secured child caring institution or a secured group home of a juvenile who has been adjudicated delinquent and at least 15 days prior to the release from the supervision of the department or a county department of a juvenile who has been adjudicated delinquent, the department or county department having supervision over the juvenile shall make a reasonable attempt to do all of the following:
938.51(1)(a)
(a) Notify all of the following local agencies in the community in which the juvenile will reside of the juvenile's return to the community:
938.51(1)(b)
(b) Subject to
pars. (c) and
(cm), notify any known victim of the act for which the juvenile has been found delinquent of the juvenile's release, if all of the following apply:
938.51(1)(b)3.
3. The victim has sent in a request card under
sub. (2) or, if the victim was under 18 years of age when his or her parent sent in a request card under
sub. (2), the parent or guardian authorized on the request card direct notification of the victim after the victim attains 18 years of age.
938.51(1)(c)
(c) Subject to
par. (cm), notify an adult relative of the victim of the juvenile's release if all of the following apply:
938.51(1)(c)1.
1. The victim died as a result of the juvenile's delinquent act.
938.51(1)(cm)
(cm) Notify the victim's parent or legal guardian of the juvenile's release if all of the following apply:
938.51(1)(cm)3.
3. The parent or legal guardian has sent in a request card under
sub. (2).
938.51(1)(d)
(d) Notify any witness who testified against the juvenile in any court proceeding involving the delinquent act of the juvenile's release if all of the following apply:
938.51(1d)
(1d) At least 15 days prior to the release from a nonsecured residential care center for children and youth of a juvenile who has either been adjudicated delinquent under s.
48.12, 1993 stats., or s.
938.12 or been found to be in need of protection or services under s.
48.13 (12), 1993 stats., or
s. 938.13 (12) and who has been found to have committed a violation of
ch. 940 or of
s. 948.02,
948.025, or
948.03, and at least 15 days prior to the release from a nonsecured residential care center for children and youth of a juvenile who has been found to be in need of protection or services under s.
48.13 (14), 1993 stats., or
s. 938.13 (14), the department or county department having supervision over the juvenile shall notify all of the following persons of the juvenile's release:
938.51(1d)(a)
(a) Any known victim of the act for which the juvenile was found delinquent or to be in need of protection or services, if the criteria under
sub. (1) (b) are met; an adult relative of the victim, if the criteria under
sub. (1) (c) are met; or the victim's parent or guardian, if the criteria under
sub. (1) (cm) are met.
938.51(1d)(b)
(b) Any witness who testified against the juvenile in any court proceeding involving the act for which the juvenile was found delinquent or to be in need of protection or services, if the criteria under
sub. (1) (d) are met.
938.51(1g)
(1g) At least 15 days prior to the release from an inpatient facility, as defined in
s. 51.01 (10), of a juvenile who has been found to be in need of protection or services under s.
48.13 (14), 1993 stats., or
s. 938.13 (14), the county department having supervision over the juvenile shall notify all of the following persons of the juvenile's release:
938.51(1g)(a)
(a) Any known victim of the act for which the juvenile was found to be in need of protection or services, if the criteria under
sub. (1) (b) are met; an adult relative of the victim, if the criteria under
sub. (1) (c) are met; or the victim's parent or guardian, if the criteria under
sub. (1) (cm) are met.
938.51(1g)(b)
(b) Any witness who testified against the juvenile in any court proceeding involving the act for which the juvenile was found to be in need of protection or services, if the criteria under
sub. (1) (d) are met.
938.51(1m)
(1m) The department or county department having supervision over a juvenile described in
sub. (1) shall determine the local agencies that it will notify under
sub. (1) (a) based on the residence of the juvenile's parents or on the juvenile's intended residence specified in the juvenile's aftercare supervision plan or, if those methods do not indicate the community in which the juvenile will reside following release from a secured correctional facility, a secured child caring institution or a secured group home or from the supervision of the department or county department, the community in which the juvenile states that he or she intends to reside.
938.51(1r)
(1r) The notification under
sub. (1),
(1d) or
(1g) shall include only the juvenile's name, the date of the juvenile's release and the type of placement to which the juvenile is released.
938.51(2)
(2) The department shall design and prepare cards for any person specified in
sub. (1) (b),
(c) ,
(cm) or
(d) to send to the department or county department having supervision over a juvenile described in
sub. (1),
(1d) or
(1g). The cards shall have space for any such person to provide his or her name, telephone number and mailing address, the name of the applicable juvenile and any other information that the department determines is necessary. The cards shall also advise a victim who is under 18 years of age that he or she may complete a card requesting notification under
sub. (1) (b),
(1d) or
(1g) if the notification occurs after the victim attains 18 years of age and advising the parent or guardian of a victim who is under 18 years of age that the parent or guardian may authorize on the card direct notification of the victim under
sub. (1) (b),
(1d) or
(1g) if the notification occurs after the victim attains 18 years of age. The department shall provide the cards, without charge, to district attorneys. District attorneys shall provide the cards, without charge, to persons specified in
sub. (1) (b) to
(d). These persons may send completed cards to the department or county department having supervision over the juvenile. All department and county department records or portions of records that relate to telephone numbers and mailing addresses of these persons are not subject to inspection or copying under
s. 19.35 (1).
938.51(3)
(3) Timely release of a juvenile specified in
sub. (1),
(1d) or
(1g) shall not be prejudiced by the fact that the department or county department having supervision over the juvenile did not provide notification as required under
sub. (1),
(1d) or
(1g), whichever is applicable.
938.51(4)
(4) If a juvenile described in
sub. (1),
(1d), or
(1g) escapes from a secured correctional facility, residential care center for children and youth, secured group home, inpatient facility, secure detention facility, or juvenile portion of a county jail, or from the custody of a peace officer or a guard of such a facility, center, home, or jail, or has been allowed to leave a secured correctional facility, residential care center for children and youth, secured group home, inpatient facility, secure detention facility, or juvenile portion of a county jail for a specified period of time and is absent from the facility, center, home, or jail for more than 12 hours after the expiration of the specified period, as soon as possible after the department or county department having supervision over the juvenile discovers that escape or absence, that department or county department shall make a reasonable attempt to notify by telephone all of the following persons:
938.51(4)(a)
(a) Any known victim of the act for which the juvenile was found delinquent or to be in need of protection or services, if the criteria under
sub. (1) (b) are met; an adult relative of the victim, if the criteria under
sub. (1) (c) are met; or the victim's parent or guardian, if the criteria under
sub. (1) (cm) are met.
938.51(4)(b)
(b) Any witness who testified against the juvenile in any court proceeding involving the act for which the juvenile was found delinquent or to be in need of protection or services, if the criteria under
sub. (1) (d) are met.
