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 of the homicide of the juvenile's other parent under
s. 940.01 or
940.05, 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 attains 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 the date on which the order is granted 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 attains 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 attains 18 years of age, at the end of one year after the date on which the order is granted, 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 attaining 19 years of age, when the juvenile attains 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 attains 18 years of age may apply for up to 2 years after the date on which the order is granted 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. If the order does not specify a termination date, it shall apply for one year after the date on which the order is granted or until the juvenile's 18th birthday, whichever is earlier, unless the court terminates the order sooner. Except as provided in
s. 938.368, an order under
s. 938.34 (4h) made before the juvenile attains 18 years of age shall apply for 5 years after the date on which the order is granted, 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 attains 17 years of age shall terminate at the end of one year after the date on which the order is granted 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)(a)(a) A juvenile who has been adjudged delinquent under s.
48.12, 1993 stats., or
s. 938.12 may, on attaining 17 years of age, petition the court to expunge the court's record of the juvenile's adjudication. Subject to
par. (b), the court may expunge the record 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 from, and society will not be harmed by, the expungement.
938.355(4m)(b)
(b) The court shall expunge the court's record of a juvenile's adjudication if it was the juvenile's first adjudication based on a violation of
s. 942.08 (2) (b),
(c), or
(d), and if the court determines that the juvenile has satisfactorily complied with the conditions of his or her dispositional order. Notwithstanding
s. 938.396 (2), the court shall notify the department promptly of any expungement under this paragraph.
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)1.1. 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). A sanction may be imposed under this subdivision only 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)(a)2.
2. 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 under
par. (d), other than placement in a juvenile detention facility or juvenile portion of a county jail. A sanction may be imposed under this subdivision only 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 under
par. (d) 1. or the sanction under
par. (d) 3., with monitoring by an electronic monitoring system. A sanction may be imposed under this subdivision only 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 under
par. (d) 1. or home detention with monitoring by an electronic monitoring system under
par. (d) 3., on a petition described in
subd. 1., the 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)
Motion to impose sanction. 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)
Sanction hearing. 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)
Reasonable efforts finding. 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. These findings are not required if they were made in the dispositional order under which the juvenile is being sanctioned. The court shall make the findings under 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)
Sanctions permitted. 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 juvenile 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. If the court orders placement of the juvenile in a place of nonsecure custody under the supervision of the county department, the court shall order the juvenile into the placement and care responsibility of the county department as required under
42 USC 672 (a) (2) and shall assign the county department primary responsibility for providing services to the juvenile.
938.355 Note
NOTE: Subd. 1. is shown as affected by 2 acts of the 2007 Wisconsin legislature and as merged by the legislative reference bureau under s. 13.92 (2) (i).
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)
Contempt of court. 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 juvenile 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. Short-term detention may be imposed under this subdivision only if at the dispositional hearing the court explained those conditions to the juvenile and informed the juvenile of that possible 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 juvenile 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. Short-term detention may be imposed under this subdivision only if at the dispositional hearing the court explained those conditions to the juvenile and informed the juvenile of that possible 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 either approve the placement, modify the terms of 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 [juvenile] 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. Short-term detention may be imposed under this subdivision only if at the dispositional hearing the court explained those conditions to the juvenile and informed the juvenile of that possible 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 Note
NOTE: The correct term is shown in brackets. Corrective legislation is pending.
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 juvenile 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. Short-term detention under this subdivision may be imposed only if at the dispositional hearing the court explained those conditions to the juvenile and informed the juvenile of that possible 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 either approve the placement of the juvenile, modify the terms of the placement, 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. Short-term detention may be imposed under this subdivision only if at the dispositional hearing the court explained those conditions to the juvenile and informed the juvenile of that possible 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. Short-term detention may be imposed under this subdivision only if at the dispositional hearing the court explained those conditions to the juvenile and informed the juvenile of that possible 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 either approve the placement, modify the terms of 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 juvenile 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, notwithstanding
s. 938.21 (1) (a), 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 instead of a petition under
s. 938.25.
938.355(6d)(e)
(e)
County board authorization required. The use of placement in a juvenile 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 recommended disposition under
s. 938.34. The district attorney may file the petition 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 files the petition 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 a 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 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)
Violation of habitual truancy order. 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 under
subds.1g. to
4. and the dispositions under
s. 938.342 (1g) (d) to
(j) and
(1m), regardless of whether the disposition was imposed in the order violated by the juvenile. A sanction may be imposed under this paragraph only 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 juvenile 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 juvenile 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. If the court orders placement of the juvenile in a place of nonsecure custody under the supervision of the county department, the court shall order the juvenile into the placement and care responsibility of the county department as required under
42 USC 672 (a) (2) and shall assign the county department primary responsibility for providing services to the juvenile.
938.355 Note
NOTE: Subd. 1g. is shown as affected by 2 acts of the 2007 Wisconsin legislature and as merged by the legislative reference bureau under s. 13.92 (2) (i).
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)
Violation of truancy order. 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. A sanction may be imposed under this paragraph only 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. A sanction may be imposed under this subdivision only if, at the time of the judgment the municipal court explained the conditions to the juvenile and informed the juvenile of that possible sanction 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.
938.355(6m)(am)2.
2. If the court assigned to exercise jurisdiction under this chapter and
ch. 48 imposes the sanction under
par. (a) 1g. on a petition under
subd. 1., the 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. (a) 1g.
938.355(6m)(b)
(b)
Motion for sanction. A motion for the imposition of a sanction under
par. (a) or
(ag) may be brought by the person or agency primarily responsible for providing dispositional services to the juvenile, the district attorney, the 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.
938.355(6m)(c)
(c)
Sanction hearing. Before imposing a sanction under
par. (a) or
(ag), the court shall hold a hearing at which the juvenile is entitled to be represented by legal counsel and to present evidence. The hearing shall be held within 15 days after the filing of a motion under
par. (b).
938.355(6m)(cm)
(cm)
Reasonable efforts finding. The court may not order the sanction of placement in a place of nonsecure custody under
par. (a) 1g. 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 under 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(7)
(7) Orders applicable to parents, guardians, legal custodians, and other adults. In addition to any dispositional order entered under
s. 938.34 or
938.345, the court may enter an order applicable to a juvenile's parent, guardian, or legal custodian or to another adult, as provided under
s. 938.45.
938.355 History
History: 1995 a. 77,
352;
1997 a. 27,
35,
205,
237,
239,
252;
1999 a. 9,
32,
103;
2001 a. 16,
69,
109;
2003 a. 50;
2005 a. 277,
344;
2007 a. 20,
97; s. 13.92 (2) (i).
938.355 Annotation
Mandatory time limits affect the trial court's competency to act, but an objection must be raised before the trial court to avoid waiver. In Interest of L.M.C.
146 Wis. 2d 377,
430 N.W.2d 352 (Ct. App. 1988).
938.355 Annotation
Section 118.16 (5) does not limit a court's discretion in setting school attendance requirements in a dispositional order for a delinquent juvenile and in imposing sanctions when the order is violated. By its terms, s. 118.16 (5) is limited to children who are in need of protection and services as a result of being habitual truants. State v. Jason R.N.
201 Wis. 2d 646,
549 N.W.2d 752 (Ct. App. 1996),
95-1728.
938.355 Annotation
There is no requirement that the court apply the sanctions in sub. (6) (d) in graduated order of severity. Sanctions are solely within the discretion of the court. State v. Jason R.N.
201 Wis. 2d 646,
549 N.W.2d 752 (Ct. App. 1996),
95-1728.
938.355 Annotation
Sanctions for a violation of a dispositional order by a delinquent were found to not be punitive for purposes of double jeopardy. Craig S.G. v. State,
209 Wis. 2d 65,
561 N.W.2d 807 (Ct. App. 1997),
96-0761.
938.355 Note
NOTE: The above annotations cite to s. 48.355, the predecessor statute to s. 938.355.
938.355 Annotation
All juveniles who violate a condition of a dispositional order are subject to sanctions under sub. (6) (d), but the restrictions that may be imposed on habitual truants are limited by sub. (6m). Under sub. (6g), no juvenile can be charged with contempt of court for the first violation of a dispositional order. State v. Aaron D.
214 Wis. 2d 56,
571 N.W.2d 399 (Ct. App. 1997),
97-0806.
938.355 Annotation
The one-year limitation in sub. (4) is not limited to the original dispositional order but also applies to subsequent proceedings in the case including revisions of the dispositional order. State v. Kendall G. 2001 WI App 95,
243 Wis. 2d 67,
625 N.W.2d 918,
00-3240.
938.355 Annotation
Sub. (6) (a) requires that the court assure that the juvenile has the ability to comprehend the conditions of a dispositional order and potential sanctions whether informed of them at the dispositional hearing or a later time. Once the issue of the juvenile's ability to understand the conditions and sanctions is raised, the burden shifts to the prosecution to establish that the juvenile is capable of understanding the court's warnings. State v. Eugene W. 2002 WI App 54,
251 Wis. 2d 259,
641 N.W.2d 467,
01-2274.
938.355 Annotation
The focus of sub. (4) (a) is not on the juvenile's seventeenth birthday. The critical phrase is "original dispositional order." There is a critical distinction between an original dispositional order and an extended or revised dispositional order. State v. Terry T. 2003 WI App 21,
259 Wis. 2d 339,
657 N.W.2d 97,
02-2502.
938.355 Annotation
Sub. (6) (d) recognizes that multiple conditions may be violated in any one incident but only allows one sanction per incident, not per condition violation. What constitutes an incident is determined by whether the juvenile's course of conduct is marked by different and distinct volitional acts in between which the juvenile had sufficient time to reflect and choose to commit himself or herself to a particular act. State v. Ellis H. 2004 WI App 123,
274 Wis. 2d 703,
684 N.W.2d 157,
03-3178.
938.355 Annotation
Section 938.355 provides a variety of sanctions for juveniles who have violated their dispositional orders. Section 938.357 enumerates the ways in which a juvenile's placement may be changed. Nothing in either statute indicates that it is to be the exclusive mechanism for violation of a disposition order. Section 938.34 (16) specifically allows an alternative procedure for dealing with violations of a disposition order when part of the disposition is imposed and stayed. State v. Richard J. D. 2006 WI App 242,
297 Wis. 2d 20,
724 N.W.2d 665,
06-0555.
938.356
938.356
Duty of court to warn. 938.356(1)
(1)
Oral warning. Whenever the court orders a juvenile to be placed outside his or her home or denies a parent visitation because the juvenile has been adjudged to be in need of protection or services under
s. 938.345,
938.357,
938.363 or
938.365, the court shall orally inform the parent or parents who appear in court of any grounds for termination of parental rights under
s. 48.415 which may be applicable and of the conditions necessary for the juvenile to be returned to the home or for the parent to be granted visitation.
938.356(2)
(2) Written warning. In addition to the notice required under
sub. (1), any written order which places a juvenile outside the home or denies visitation under
sub. (1) shall notify the parent or parents of the information specified under
sub. (1).
938.356 History
History: 1995 a. 77,
275;
2005 a. 344.
938.357
938.357
Change in placement. 938.357(1)(1)
Request by person or agency responsible for dispositional order or district attorney.
