938.595 Duration of control of county departments over delinquents.
SUBCHAPTER XVII
GENERAL PROVISIONS ON RECORDS
938.78 Confidentiality of records.
SUBCHAPTER XVIII
COMMUNITY SERVICES
938.795 Powers of the department.
SUBCHAPTER XX
MISCELLANEOUS PROVISIONS
938.988 Interstate placement of juveniles.
938.991 Interstate compact on juveniles.
938.993 Juvenile compact administrator.
938.994 Supplementary agreements.
938.995 Financial arrangements.
938.997 Responsibilities of state departments, agencies and officers.
938.998 Rendition of juveniles alleged to be delinquent.
938.9985 Renunciation of Interstate Compact on Juveniles.
938.999 Interstate Compact for Juveniles.
GENERAL PROVISIONS
938.01
938.01
Title, legislative intent and purposes. 938.01(1)
(1)
Title. This chapter may be cited as "The Juvenile Justice Code", and shall be liberally construed in accordance with the objectives expressed in this section.
938.01(2)
(2) Legislative intent. It is the intent of the legislature to promote a juvenile justice system capable of dealing with the problem of juvenile delinquency, a system which will protect the community, impose accountability for violations of law and equip juvenile offenders with competencies to live responsibly and productively. To effectuate this intent, the legislature declares the following to be equally important purposes of this chapter:
938.01(2)(b)
(b) To hold each juvenile offender directly accountable for his or her acts.
938.01(2)(c)
(c) To provide an individualized assessment of each alleged and adjudicated delinquent juvenile, in order to prevent further delinquent behavior through the development of competency in the juvenile offender, so that he or she is more capable of living productively and responsibly in the community.
938.01(2)(d)
(d) To provide due process through which each juvenile offender and all other interested parties are assured fair hearings, during which constitutional and other legal rights are recognized and enforced.
938.01(2)(e)
(e) To divert juveniles from the juvenile justice system through early intervention as warranted, when consistent with the protection of the public.
938.01(2)(f)
(f) To respond to a juvenile offender's needs for care and treatment, consistent with the prevention of delinquency, each juvenile's best interest and protection of the public, by allowing the court to utilize the most effective dispositional option.
938.01(2)(g)
(g) To ensure that victims and witnesses of acts committed by juveniles that result in proceedings under this chapter are, consistent with this chapter and the Wisconsin constitution, afforded the same rights as victims and witnesses of crimes committed by adults, and are treated with dignity, respect, courtesy, and sensitivity throughout those proceedings.
938.01 History
History: 1995 a. 77;
2005 a. 344.
938.01 Annotation
The due process standard in juvenile proceedings is fundamental fairness. Basic requirements are discussed. In Interest of D.O.H.
76 Wis. 2d 286,
251 N.W.2d 196 (1976).
938.01 Annotation
Time Ripe for Change. Barry & Ladwig. Wis. Law. Apr. 1996.
938.02
938.02
Definitions. In this chapter:
938.02(1)
(1) "Adult" means a person who is 18 years of age or older, except that for purposes of investigating or prosecuting a person who is alleged to have violated any state or federal criminal law or any civil law or municipal ordinance, "adult" means a person who has attained 17 years of age.
938.02(1p)
(1p) "Alcohol or other drug abuse impairment" means a condition of a person which is exhibited by characteristics of habitual lack of self-control in the use of alcohol beverages, controlled substances or controlled substance analogs to the extent that the person's health is substantially affected or endangered or the person's social or economic functioning is substantially disrupted.
938.02(2g)
(2g) "County department" means a county department under
s. 46.215,
46.22 or
46.23, unless the context requires otherwise.
938.02(2m)
(2m) "Court", when used without further qualification, means the court assigned to exercise jurisdiction under this chapter and
ch. 48 or, when used with reference to a juvenile who is subject to
s. 938.183, a court of criminal jurisdiction or, when used with reference to a juvenile who is subject to
s. 938.17 (2), a municipal court.
938.02(3)
(3) "Court intake worker" means any person designated to provide intake services under
s. 938.067.
938.02(3m)
(3m) "Delinquent" means a juvenile who is 10 years of age or older who has violated any state or federal criminal law, except as provided in
ss. 938.17,
938.18 and
938.183, or who has committed a contempt of court, as defined in
s. 785.01 (1), as specified in
s. 938.355 (6g).
938.02(4)
(4) "Department" means the department of corrections.
938.02(6)
(6) "Foster home" means any facility that is operated by a person required to be licensed by
s. 48.62 (1) (a) and that provides care and maintenance for no more than 4 juveniles or, if necessary to enable a sibling group to remain together, for no more than 6 juveniles or, if the department of health and family services promulgates rules permitting a different number of juveniles, for the number of juveniles permitted under those rules.
938.02(7)
(7) "Group home" means any facility operated by a person required to be licensed by the department of health and family services under
s. 48.625 for the care and maintenance of 5 to 8 juveniles.
938.02(8)
(8) "Guardian" means the person named by the court having the duty and authority of guardianship.
938.02(10)
(10) "Judge", if used without further qualification, means the judge of the court assigned to exercise jurisdiction under this chapter and
ch. 48 or, if used with reference to a juvenile who is subject to
s. 938.183, the judge of the court of criminal jurisdiction or, when used with reference to a juvenile who is subject to
s. 938.17 (2), the judge of the municipal court.
938.02(10m)
(10m) "Juvenile" means a person who is less than 18 years of age, except that for purposes of investigating or prosecuting a person who is alleged to have violated a state or federal criminal law or any civil law or municipal ordinance, "juvenile" does not include a person who has attained 17 years of age.
938.02(10p)
(10p) "Juvenile correctional facility" means a correctional institution operated or contracted for by the department of corrections or operated by the department of health and family services for holding in secure custody persons adjudged delinquent. " Juvenile correctional facility" includes the Mendota juvenile treatment center under
s. 46.057 and a facility authorized under
s. 938.533 (3) (b),
938.538 (4) (b), or
938.539 (5).
938.02(10r)
(10r) "Juvenile detention facility" means a locked facility approved by the department under
s. 301.36 for the secure, temporary holding in custody of juveniles.
938.02(11)
(11) "Legal custodian" means a person, other than a parent or guardian, or an agency to whom legal custody of a juvenile has been transferred by a court, but does not include a person who has only physical custody of the juvenile.
938.02(12)
(12) "Legal custody" means a legal status created by the order of a court, which confers the right and duty to protect, train and discipline a juvenile, and to provide food, shelter, legal services, education and ordinary medical and dental care, 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.
938.02(12m)
(12m) "Off-reservation trust land" means land in this state that is held in trust by the federal government for the benefit of a tribe or an American Indian and that is located outside the boundaries of a tribe's reservation.
938.02(13)
(13) "Parent" means either a biological parent, a husband who has consented to the artificial insemination of his wife under
s. 891.40, or a parent by adoption. If the juvenile is a nonmarital child who is not adopted or whose parents do not subsequently intermarry under
s. 767.803, "parent" includes a person acknowledged under
s. 767.805 or a substantially similar law of another state or adjudicated to be the biological father. "Parent" does not include any person whose parental rights have been terminated.
938.02(14)
(14) "Physical custody" means actual custody of the person in the absence of a court order granting legal custody to the physical custodian.
938.02(14m)
(14m) "Pupil assistance program" means a program provided by a school board under
s. 115.361 to intervene in the abuse of alcohol and other drugs by pupils.
938.02(15)
(15) "Relative" means a parent, stepparent, brother, sister, stepbrother, stepsister, half brother, half sister, brother-in-law, sister-in-law, first cousin, 2nd cousin, nephew, niece, uncle, aunt, stepuncle, stepaunt, or any person of a preceding generation as denoted by the prefix of grand, great, or great-great, whether by blood, marriage, or legal adoption, or the spouse of any person named in this subsection, even if the marriage is terminated by death or divorce.
938.02(15c)
(15c) "Reservation" means land in this state within the boundaries of the reservation of a tribe.
938.02(15d)
(15d) "Residential care center for children and youth" means a facility operated by a child welfare agency licensed under
s. 48.60 for the care, maintenance, and treatment of persons residing in that facility.
938.02(15g)
(15g) "Secured residential care center for children and youth" means a residential care center for children and youth operated by a child welfare agency that is licensed under
s. 48.66 (1) (b) to hold in secure custody persons adjudged delinquent.
938.02(17)
(17) "Shelter care facility" means a nonsecure place of temporary care and physical custody for juveniles, including a holdover room, licensed by the department of health and family services under
s. 48.66 (1) (a).
938.02(17m)
(17m) "Special treatment or care" means professional services which need to be provided to a juvenile or his or her family to protect the well-being of the juvenile, prevent placement of the juvenile outside the home or meet the special needs of the juvenile. This term includes medical, psychological or psychiatric treatment, alcohol or other drug abuse treatment or other services which the court finds to be necessary and appropriate.
938.02(17q)
(17q) "Treatment foster home" means any facility that is operated by a person required to be licensed under
s. 48.62 (1) (b), that is operated under the supervision of the department, a county department or a licensed child welfare agency, and that provides to no more than 4 juveniles care, maintenance and structured, professional treatment by trained individuals, including the treatment foster parents.
938.02(18)
(18) "Trial" means a fact-finding hearing to determine jurisdiction.
938.02(18g)
(18g) "Tribe" means a federally recognized American Indian tribe or band in this state.
938.02(19r)
(19r) "Type 2 residential care center for children and youth" means a residential care center for children and youth that is designated by the department to provide care and maintenance for juveniles who have been placed in the residential care center for children and youth under the supervision of a county department under
s. 938.34 (4d).
938.02(20m)(a)2.
2. If the person specified in
subd. 1. is a child, a parent, guardian or legal custodian of the child.
938.02(20m)(a)3.
3. If a person specified in
subd. 1. is physically or emotionally unable to exercise the rights granted under this chapter,
s. 950.04 or
article I, section 9m, of the Wisconsin constitution, a person designated by the person specified in
subd. 1. or a family member, as defined in
s. 950.02 (3), of the person specified in
subd. 1.
938.02(20m)(a)5.
5. If a person specified in
subd. 1. has been adjudicated incompetent in this state, the guardian of the person appointed for him or her.
938.02(20m)(b)
(b) "Victim" does not include a juvenile alleged to have committed the delinquent act.
938.02(21)
(21) "Victim-witness coordinator" means a person employed or contracted by the county board of supervisors under
s. 950.06 to provide services for the victims and witnesses of crimes or a person employed or contracted by the department of justice to provide the services specified in
s. 950.08.
