938.21(5)(e)1.1. In this paragraph, "adult relative" means a grandparent, great-grandparent, aunt, uncle, brother, sister, half brother, or half sister of a juvenile, whether by blood, marriage, or legal adoption, who has attained 18 years of age.
938.21(5)(e)2.
2. The court shall order the county department or agency primarily responsible for providing services to the juvenile under the custody order to conduct a diligent search in order to locate and provide notice of the information specified in this subdivision to all relatives of the juvenile named under
sub. (2) (e) or
(3) (f) and to all adult relatives of the juvenile within 30 days after the juvenile is removed from the custody of the juvenile's parent unless the juvenile is returned to his or her home within that period. The court may also order the county department or agency to conduct a diligent search in order to locate and provide notice of the information specified in this subdivision to all other adult individuals named under
sub. (2) (e) or
(3) (f) within 30 days after the juvenile is removed from the custody of the juvenile's parent unless the juvenile is returned to his or her home within that period. The county department or agency may not provide that notice to a person named under
sub. (2) (e) or
(3) (f) or to an adult relative if the county department or agency has reason to believe that it would be dangerous to the juvenile or to the parent if the juvenile were placed with that person or adult relative. The notice shall include all of the following:
938.21(5)(e)2.a.
a. A statement that the juvenile has been removed from the custody of the juvenile's parent.
938.21(5)(e)2.b.
b. A statement that explains the options that the person provided with the notice has under state or federal law to participate in the care and placement of the juvenile, including any options that may be lost by failing to respond to the notice.
938.21(5)(e)2.c.
c. A description of the requirements to obtain a foster home license under
s. 48.62 or to receive kinship care or long-term kinship care payments under
s. 48.57 (3m) or
(3n) and of the additional services and supports that are available for juveniles placed in a foster home or in the home of a person receiving those payments.
938.21(5)(e)2.d.
d. A statement advising the person provided with the notice that he or she may incur additional expenses if the juvenile is placed in his or her home and that reimbursement for some of those expenses may be available.
938.21(5)(e)2.e.
e. The name and contact information of the agency that removed the juvenile from the custody of the juvenile's parent.
938.21(6)
(6) Amendment of order. An order under
sub. (4) (a) may be amended at any time, with notice, so as to place the juvenile in another form of custody for failure to conform to the conditions originally imposed. A juvenile may be transferred to secure custody if he or she meets the criteria of
s. 938.208.
938.21(7)
(7) Deferred prosecution. If the court determines that the best interests of the juvenile and the public are served, the court may enter a consent decree under
s. 938.32 or dismiss the petition and refer the matter to the intake worker for deferred prosecution in accordance with
s. 938.245.
938.21 Annotation
When a district attorney receives notice of a deferred prosecution agreement from an intake worker under s. 938.24 (5), the 20 days during which the district attorney may terminate the agreement under s. 938.245 (6) begins. When a court orders a deferred prosecution agreement under sub. (7), the intake worker need not notify the district attorney and nothing triggers a district attorney's authority to terminate the agreement under s. 938.245 (6). An order under sub. (7) dismissing a petition and referring for deferred prosecution does not require district attorney consent. The district attorney may not override the order by filing a new petition with the same charges and facts. State v. Lindsey A.F.
2002 WI App 223,
257 Wis. 2d 650,
653 N.W.2d 116,
01-0081. Affirmed.
2003 WI 63,
262 Wis. 2d 200,
663 N.W.2d 757,
01-0081.
938.22
938.22
County and private juvenile facilities. 938.22(1)(a)(a) Subject to
s. 48.66 (1) (b), the county board of supervisors of a county may establish a juvenile detention facility in accordance with
ss. 301.36 and
301.37 or the county boards of supervisors for 2 or more counties may jointly establish a juvenile detention facility in accordance with
ss. 46.20,
301.36, and
301.37. The county board of supervisors of a county may establish a shelter care facility in accordance with
ss. 48.576 and
48.578 or the county boards of supervisors for 2 or more counties may jointly establish a shelter care facility in accordance with
ss. 46.20,
48.576, and
48.578. A private entity may establish a juvenile detention facility in accordance with
ss. 301.36 and
301.37 and contract with one or more county boards of supervisors under
s. 938.222 to hold juveniles in the private juvenile detention facility.
938.22(1)(b)
(b) Subject to
sub. (3) (ar), in counties having a population of less than 500,000, the nonjudicial operational policies of a public juvenile detention facility or shelter care facility shall be determined by the county board of supervisors or, in the case of a public juvenile detention facility or shelter care facility established by 2 or more counties, by the county boards of supervisors for the 2 or more counties jointly. Those policies shall be executed by the superintendent appointed under
sub. (3) (a).
938.22(1)(c)
(c) In counties having a population of 500,000 or more, the nonjudicial operational policies of a public juvenile detention facility and the detention section of the children's court center shall be established by the county board of supervisors, and the policies shall be executed by the director of the children's court center.
938.22(1)(d)
(d) The nonjudicial operational policies of a private juvenile detention facility shall be established by the private entity operating the juvenile detention facility. Those policies shall be executed by the superintendent appointed under
sub. (3) (bm).
938.22(2)(a)(a) Counties shall submit plans for a juvenile detention facility or juvenile portion of the county jail to the department of corrections and submit plans for a shelter care facility to the department of children and families. A private entity that proposes to establish a juvenile detention facility shall submit plans for the facility to the department of corrections. The applicable department shall review the submitted plans. A county or a private entity may not implement a plan unless the applicable department has approved the plan. The department of corrections shall promulgate rules establishing minimum requirements for the approval and operation of juvenile detention facilities and the juvenile portion of county jails. The plans and rules shall be designed to protect the health, safety, and welfare of the juveniles placed in those facilities.
938.22(2)(b)
(b) If the department approves, a juvenile detention facility or a holdover room may be located in a public building in which there is a jail or other facility for the detention of adults if the juvenile detention facility or holdover room is physically segregated from the jail or other facility so that juveniles may enter the juvenile detention facility or holdover room without passing through areas where adults are confined and juveniles detained in the juvenile detention facility or holdover room cannot communicate with or view adults confined in the jail or other facility.
938.22(2)(c)
(c) A shelter care facility shall be used for the temporary care of juveniles. A shelter care facility, other than a holdover room, may not be in the same building as a facility for the detention of adults.
938.22(3)(a)(a) In counties having a population of less than 500,000, public juvenile detention facilities and public shelter care facilities shall be in the charge of a superintendent. The county board of supervisors or, where 2 or more counties operate joint public juvenile detention facilities or shelter care facilities, the county boards of supervisors for the 2 or more counties jointly shall appoint the superintendent and other necessary personnel for the care and education of the juveniles placed in those facilities, subject to
par. (am) and to civil service regulations in counties having civil service.
938.22(3)(am)
(am) If a juvenile detention facility or holdover room is part of a public building in which there is a jail or other facility for the detention of adults, the sheriff or other keeper of the jail or other facility for the detention of adults may nominate persons for the position of superintendent of the juvenile detention facility or holdover room. Nominees under this paragraph shall have demonstrated administrative abilities and interest in juvenile justice and the welfare of juveniles.
938.22(3)(ar)
(ar) Notwithstanding
sub. (1) (b), if a juvenile detention facility or holdover room is located in a public building in which there is a jail or other facility for the detention of adults, the sheriff or other keeper of the jail or other facility for the detention of adults shall determine the security and emergency response policies of that juvenile detention facility or holdover room and the procedures for implementing those policies.
938.22(3)(b)
(b) In counties having a population of 500,000 or more, the director of the children's court center shall be in charge of and responsible for public juvenile detention facilities, the juvenile detention section of the center, and the personnel assigned to this section, including a detention supervisor or superintendent. The director of the children's court center may also serve as superintendent of detention if the county board of supervisors so determines.
938.22(3)(bm)
(bm) A private juvenile detention facility shall be in the charge of a superintendent appointed by the private entity operating the juvenile detention facility.
938.22(3)(c)
(c) A superintendent appointed under
par. (a),
(b), or
(bm) after May 1, 1992, shall, within one year after that appointment, successfully complete an administrative training program approved or provided by the department of justice.
938.22(5)
(5) County contracts with private facilities. A county board of supervisors, or 2 or more county boards of supervisors jointly, may contract with privately operated juvenile detention facilities, shelter care facilities, or home detention programs for purchase of services. A county board of supervisors may delegate this authority to its county department.
938.22(7)
(7) Licensing of shelter care facilities. 938.22(7)(a)(a) No person may establish a shelter care facility without first obtaining a license under
s. 48.66 (1) (a). To obtain a license under
s. 48.66 (1) (a) to operate a shelter care facility, a person must meet the minimum requirements for a license established by the department of children and families under
s. 48.67, meet the requirements specified in
s. 48.685, and pay the license fee under
par. (b). A license issued under
s. 48.66 (1) (a) to operate a shelter care facility is valid until revoked or suspended, but shall be reviewed every 2 years as provided in
s. 48.66 (5).
938.22(7)(b)
(b) Except as provided in
par. (d), before the department of children and families may issue a license under
s. 48.66 (1) (a) to operate a shelter care facility, the shelter care facility shall pay to that department a biennial fee of $60.50, plus a biennial fee of $18.15 per juvenile, based on the number of juveniles that the shelter care facility is licensed to serve. A shelter care facility that wishes to continue a license issued under
s. 48.66 (1) (a) shall pay the fee by the continuation date of the license. A new shelter care facility shall pay the fee by no later than 30 days before the opening of the shelter care facility.
938.22(7)(c)
(c) A shelter care facility that wishes to continue a license issued under
s. 48.66 (1) (a) and that fails to pay the fee under
par. (b) by the continuation date of the license or a new shelter care facility that fails to pay the fee under
par. (b) by 30 days before the opening of the shelter care facility shall pay an additional fee of $5 per day for every day after the deadline that the facility fails to pay the fee.
938.22(7)(d)
(d) An individual who is eligible for a fee waiver under the veterans fee waiver program under
s. 45.44 is not required to pay the fee under
par. (b) for a license to operate a shelter care facility.
938.222
938.222
Contracts with private entities for juvenile detention facility services. 938.222(2)(a)1.
1. That the private juvenile detention facility meet or exceed the minimum requirements for the approval and operation of a juvenile detention facility established by the department by rule under
s. 938.22 (2) (a) and that the private juvenile detention facility be approved by the department under
s. 301.36.
938.222(2)(a)2.
2. That the private juvenile detention facility provide educational programming, health care, and other care that is equivalent to that which a juvenile would receive in a public juvenile detention facility.
938.222(2)(b)
(b) In addition to the requirements under
par. (a), a contract under
sub. (1) shall include all of the following:
938.222(2)(b)1.
1. The rates to be paid by the county for holding a juvenile in the private juvenile detention facility and the charges to be paid by the county for any extraordinary medical and dental expenses and any programming provided for a juvenile who is held in the private juvenile detention facility.
938.222(2)(b)2.
2. An agreement that the county retains jurisdiction over a juvenile who is held in the private juvenile detention facility.
938.222(2)(b)3.
3. An agreement that the private juvenile detention facility is subject to investigation and inspection by the department under
s. 301.36.
938.222(2)(b)4.
4. Any other matters that are necessary and appropriate concerning the obligations, responsibilities and rights of the contracting counties and the department.
938.223
938.223
Contracts with Minnesota counties for juvenile detention facility services. 938.223(2)(a)1.
1. That the Minnesota juvenile detention facility meet or exceed the minimum requirements for the approval and operation of a Wisconsin juvenile detention facility established by the department by rule under
s. 938.22 (2) (a) and that the Minnesota juvenile detention facility be approved by the department under
s. 301.36.
938.223(2)(a)2.
2. That the Minnesota juvenile detention facility provide educational programming, health care, and other care that is equivalent to that which a juvenile would receive in a Wisconsin juvenile detention facility.
938.223(2)(b)
(b) In addition to the requirements under
par. (a), a contract under
sub. (1) shall include all of the following:
938.223(2)(b)1.
1. The rates to be paid by the Wisconsin county for holding a juvenile in the Minnesota juvenile detention facility and the charges to be paid by the Wisconsin county for any extraordinary medical and dental expenses and any programming provided for a juvenile who is held in the Minnesota juvenile detention facility.
938.223(2)(b)2.
2. An agreement that the Wisconsin county retains jurisdiction over a juvenile who is held in the Minnesota juvenile detention facility.
938.223(2)(b)3.
3. An agreement that the Minnesota juvenile detention facility is subject to investigation and inspection by the department under
s. 301.36.
938.223(2)(b)4.
4. Any other matters that are necessary and appropriate concerning the obligations, responsibilities and rights of the contracting counties and the department.
938.223(3)
(3) Minnesota juveniles in Wisconsin facilities. The county board of supervisors of a county that operates a juvenile detention facility may contract with one or more counties in Minnesota for the use of the juvenile detention facility operated by the Wisconsin county for the holding of juveniles transferred to that juvenile detention facility by the Minnesota county.
938.224
938.224
Contracts with department for juvenile detention facility services. 938.224(2)
(2) Contract requirements. A contract under
sub. (1) shall require all of the following:
938.224(2)(a)
(a) That the county may use a juvenile correctional facility for holding a juvenile under
sub. (1) only if any of the following criteria are met:
938.224(2)(a)1.
1. There is no county-operated juvenile detention facility approved by the department within 40 miles of the county seat of the county.
938.224(2)(a)2.
2. There is no bed space available in a county-operated juvenile detention facility approved by the department within 40 miles of the county seat of the county.
938.224(2)(b)
(b) That the county may use a juvenile correctional facility for holding a juvenile under
sub. (1) only if the department approves that use based on the availability of beds in the juvenile correctional facility and on the programming needs of the juvenile.
938.224(3)
(3) Additional requirements. In addition to the requirements under
sub. (2), a contract under
sub. (1) shall include all of the following:
938.224(3)(a)
(a) The per person daily rate to be paid by the county for holding a juvenile under
sub. (1) and the charges to be paid by the county for any extraordinary medical and dental expenses and any programming provided for the juvenile by the department.
938.224(3)(b)
(b) Any other matters that are necessary and appropriate concerning the obligations, responsibilities and rights of the contracting county and the department.
938.224(4)
(4) Supervision and control of juveniles. A juvenile held in custody under
sub. (1) is under the supervision and control of the department and is subject to the rules and discipline of the department.
938.225
938.225
Statewide plan for juvenile detention facilities. The department shall assist counties in establishing juvenile detention facilities under
s. 938.22 by developing and promulgating a statewide plan for the establishment and maintenance of suitable juvenile detention facilities reasonably accessible to each court.
938.225 History
History: 1995 a. 77;
2007 a. 97.
938.23
938.23
Right to counsel. 938.23(1g)(1g)
Definition. In this section, "counsel" means an attorney acting as adversary counsel.
938.23(1j)
(1j) Duties of Counsel. Counsel shall advance and protect the legal rights of the party represented. Counsel may not act as guardian ad litem for any party in the same proceeding.
938.23(1m)
(1m) Right of juveniles to legal representation. Juveniles subject to proceedings under this chapter shall be afforded legal representation as follows:
938.23(1m)(a)
(a) A juvenile alleged to be delinquent under
s. 938.12 or held in a juvenile detention facility shall be represented by counsel at all stages of the proceedings. A juvenile 15 years of age or older may waive counsel if the court is satisfied that the waiver is knowingly and voluntarily made and the court accepts the waiver. If the waiver is accepted, the court may not place the juvenile in a juvenile correctional facility or a secured residential care center for children and youth, transfer supervision of the juvenile to the department for participation in the serious juvenile offender program, or transfer jurisdiction over the juvenile to adult court.
938.23(1m)(ar)
(ar) A juvenile subject to proceedings under
s. 938.357 (3) or
(5) shall be afforded legal representation as provided in those subsections.
938.23(1m)(b)1.1. If a juvenile is alleged to be in need of protection or services under
s. 938.13, the juvenile may be represented by counsel at the discretion of the court. Except as provided in
subd. 2., a juvenile 15 years of age or older may waive counsel if the court is satisfied such waiver is knowingly and voluntarily made and the court accepts the waiver.
938.23(1m)(b)2.
2. If the petition is contested, the court may not place the juvenile outside his or her home unless the juvenile is represented by counsel at the fact-finding hearing and subsequent proceedings. If the petition is not contested, the court may not place the juvenile outside his or her home unless the juvenile is represented by counsel at the hearing at which the placement is made. For a juvenile under 12 years of age, the court may appoint a guardian ad litem instead of counsel.
938.23(2g)
(2g) Right of Indian juvenile's parent or Indian custodian to counsel. Whenever an Indian juvenile is the subject of a proceeding under
s. 938.13 (4),
(6),
(6m), or
(7) involving the removal of the Indian juvenile from the home of his or her parent or Indian custodian or the placement of the Indian juvenile in an out-of-home care placement, the Indian juvenile's parent or Indian custodian shall have the right to be represented by counsel as provided in
sub. (4).
938.23(3)
(3) Power of the court to appoint counsel. Except as provided in this subsection, at any time, upon request or on its own motion, the court may appoint counsel for the juvenile or any party, unless the juvenile or the party has or wishes to retain counsel of his or her own choosing. Except as provided in
sub. (2g), the court may not appoint counsel for any party other than the juvenile in a proceeding under
s. 938.13.
938.23(4)
(4) Providing counsel. If a juvenile has a right to be represented by counsel or is provided counsel at the discretion of the court under this section and counsel is not knowingly and voluntarily waived, the court shall refer the juvenile to the state public defender and counsel shall be appointed by the state public defender under
s. 977.08 without a determination of indigency. In any situation under
sub. (2g) in which a parent 18 years of age or over is entitled to representation by counsel; counsel is not knowingly and voluntarily waived; and it appears that the parent is unable to afford counsel in full, or the parent so indicates; the court shall refer the parent to the authority for indigency determinations specified under
s. 977.07 (1). In any other situation under this section in which a person has a right to be represented by counsel or is provided counsel at the discretion of the court, competent and independent counsel shall be provided and reimbursed in any manner suitable to the court regardless of the person's ability to pay, except that the court may not order a person who files a petition under
s. 813.122 or
813.125 to reimburse counsel for the juvenile who is named as the respondent in that petition.
938.23(5)
(5) Counsel of own choosing. Notwithstanding
subs. (3) and
(4), any party is entitled to retain counsel of his or her own choosing at his or her own expense in any proceeding under this chapter.
