938.345(1m)(a)(a) Subject to
s. 938.028 (6) (b), if the juvenile is an Indian juvenile who is in need of protection or services under
s. 938.13 (4),
(6),
(6m), or
(7) and who is being removed from the home of his or her parent or Indian custodian and placed outside that home, the court shall designate one of the placements specified in
s. 938.028 (6) (a) 1. to
4. as the placement for the Indian juvenile, in the order of preference listed, unless the court finds good cause, as described in
s. 938.028 (6) (d), for departing from that order.
938.345(2)
(2) School dropouts and habitual truants. If the court finds that a juvenile is in need of protection or services based on the fact that the juvenile is a school dropout, as defined in
s. 118.153 (1) (b), or based on habitual truancy, and the court also finds that the juvenile has dropped out of school or is a habitual truant as a result of the juvenile's intentional refusal to attend school rather than the failure of any other person to comply with
s. 118.15 (1) (a) and
(am), the court, instead of or in addition to any other disposition imposed under
sub. (1), may enter an order permitted under
s. 938.342.
938.345(3)(a)(a) If the court finds that a juvenile is in need of protection or services on the basis of a violation, or the solicitation, conspiracy, or attempt to commit a violation, under
ch. 940,
944, or
948 or
s. 942.08 or
942.09, or
ss. 943.01 to
943.15, the court may require the juvenile to comply with the reporting requirements under
s. 301.45 if the court determines that the underlying conduct was sexually motivated, as defined in
s. 980.01 (5), and that it is in the interest of public protection to have the juvenile report under
s. 301.45. In determining whether it is in the interest of public protection to have the juvenile report under
s. 301.45, the court may consider any of the following:
938.345(3)(a)1.
1. The ages, at the time of the violation, of the juvenile and the victim of the violation.
938.345(3)(a)2.
2. The relationship between the juvenile and the victim of the violation.
938.345(3)(a)4.
4. Whether the victim suffered from a mental illness or mental deficiency that rendered him or her temporarily or permanently incapable of understanding or evaluating the consequences of his or her actions.
938.345(3)(a)5.
5. The probability that the juvenile will commit other violations in the future.
938.345(3)(a)6.
6. Any other factor that the court determines may be relevant to the particular case.
938.345(3)(b)
(b) If the court orders a juvenile to comply with the reporting requirements under
s. 301.45, the court may order the juvenile to continue to comply with the reporting requirements until his or her death.
938.345(3)(c)
(c) If the court orders a juvenile to comply with the reporting requirements under
s. 301.45, the clerk of the court in which the order is entered shall promptly forward a copy of the order to the department. If the finding of need of protection or services on which the order is based is reversed, set aside, or vacated, the clerk of the court shall promptly forward to the department a certificate stating that the finding has been reversed, set aside or vacated.
938.345(3)(d)
(d) If the court under
par. (a) orders the juvenile to comply with the reporting requirements under
s. 301.45 in connection with a violation, or the solicitation, conspiracy, or attempt to commit a violation, of
s. 942.09, the court may provide that the juvenile be released from the requirement to comply with the reporting requirements under
s. 301.45 upon satisfying the conditions of the dispositional order imposed for the offense. If the juvenile satisfies the conditions of the dispositional order, the clerk of the court shall notify the department that the juvenile has satisfied the conditions of the dispositional order.
938.345(4)
(4) Uncontrollable juveniles. If the court finds that a juvenile is in need of protection or services under
s. 938.13 (4), the court, instead of or in addition to any other disposition imposed under
sub. (1), may place the juvenile in the home of a guardian under
s. 48.977 (2).
938.346
938.346
Notice to victims of juveniles' acts. 938.346(1)
(1)
Information to victims. Each known victim of a juvenile's act shall receive timely notice of the following information:
938.346(1)(d)1.
1. Information regarding any decision to close a case under
s. 938.24 (5m), any deferred prosecution agreement under
s. 938.245, any decision not to file a petition under
s. 938.25 (2m), any consent decree under
s. 938.32 or any dispositional order under
ss. 938.34 to
938.345. The information may not include reports under
s. 938.295 or
938.33 or any other information that deals with sensitive personal matters of the juvenile and the juvenile's family and that does not directly relate to the act or alleged act committed against the victim. This subdivision does not affect the right of a victim to attend any hearing that the victim is permitted to attend under
s. 938.299 (1) (am).
938.346(1)(e)
(e) The procedure under
s. 938.296 under which the victim, if an adult, or the parent, guardian or legal custodian of the victim, if the victim is a child, may request an order requiring a juvenile who is alleged to have violated
s. 940.225,
948.02,
948.025,
948.05,
948.06, or
948.085 (2) to submit to an HIV test, as defined in
s. 252.01 (2m), and a test or a series of tests to detect the presence of a sexually transmitted disease, as defined in
s. 252.11 (1), and to have the results of the tests disclosed as provided in
s. 938.296 (4) (a) to
(e).
938.346(1)(ec)
(ec) The procedure under
s. 938.296 under which the victim, if an adult, or the parent, guardian or legal custodian of the victim, if the victim is a child, may request an order requiring a juvenile who is alleged to have violated
s. 946.43 (2m) to submit to a test or a series of tests to detect the presence of communicable diseases and to have the results of that test or series of tests disclosed as provided in
s. 938.296 (5) (a) to
(e).
938.346(1)(em)
(em) The right to confer, if requested, with an intake worker regarding deferred prosecution agreements under
s. 938.245 (1m) or with a district attorney or corporation counsel under
s. 938.265 regarding the possible outcomes of the proceedings and under
s. 938.32 (1) (am) regarding consent decrees.
938.346(1)(f)
(f) The right to request and receive notice of the time and place of any hearing that the victim may attend under
s. 938.299 (1) (am).
938.346(1)(fm)3.
3. The right to have victim impact information included in a court report under
s. 938.33 and to have the person preparing the court report attempt to contact the victim, as provided under
s. 938.331.
938.346(1)(h)6.
6. The right to complain to the department of justice concerning the treatment of crime victims, as provided under
s. 950.08 (3), and to request review by the crime victims rights board of the complaint, as provided under
s. 950.09 (2).
938.346(1m)
(1m) Duties of intake workers and district attorneys. The intake worker shall make a reasonable attempt to provide notice of the information under
sub. (1) (a),
(b),
(c), and
(h), the information under
sub. (1) (d) relating to a deferred prosecution agreement under
s. 938.245, the information under
sub. (1) (em) relating to the right to confer, if requested, on deferred prosecution agreements and the information under
sub. (3) if the juvenile's case is closed. The district attorney or corporation counsel shall make a reasonable attempt to provide notice of the information under
sub. (1) (e),
(ec),
(f),
(fm), and
(g), the information under
sub. (1) (d) relating to a consent decree under
s. 938.32 or a dispositional order under
ss. 938.34 to
938.345, the information under
sub. (1) (em) relating to the right to request an opportunity to confer, if requested, on amendment of petitions, consent decrees and disposition recommendations and the information under
sub. (3) if he or she decides not to file a petition or the proceeding is terminated without a consent decree or dispositional order after the filing of a petition.
938.346(2)
(2) Restrictions on disclosure of information. The notice under
sub. (1) shall include an explanation of the restrictions on disclosing information obtained under this chapter and the penalties for violating the restrictions.
938.346(3)
(3) Closed cases. If an inquiry is closed by an intake worker or otherwise does not result in a deferred prosecution agreement, the intake worker shall make a reasonable attempt to inform each known victim of the juvenile's alleged act as provided in
s. 938.24 (5m). If a district attorney or corporation counsel decides not to file a petition or if, after a petition is filed, a proceeding is dismissed or otherwise does not result in a consent decree or dispositional order, a district attorney or corporation counsel shall make a reasonable attempt to inform each known victim of the juvenile's alleged act as provided in
s. 938.25 (2m) or
938.312, whichever is applicable.
938.346(4)
(4) Child victims. If the victim, as defined in
s. 938.02 (20m) (a) 1., is a child, the notice under this section shall be given to the child's parents, guardian or legal custodian.
938.346(5)
(5) Court policies and rules. Chief judges and circuit judges shall establish by policy and rule procedures for the implementation of this section. Subject to
subs. (1m) and
(3), the policies and rules shall specify when, how and by whom the notice under this section shall be provided to victims and with whom victims may confer regarding deferred prosecution agreements, amendment of petitions, consent decrees and disposition recommendations.
938.35
938.35
Effect of judgment and disposition. 938.35(1)
(1)
Effect and admissibility of judgment. The court shall enter a judgment setting forth the court's findings and disposition in the proceeding. A judgment in a proceeding on a petition under this chapter is not a conviction of a crime, does not impose any civil disabilities ordinarily resulting from the conviction of a crime and does not operate to disqualify the juvenile in any civil service application or appointment. The disposition of a juvenile, and any record of evidence given in a hearing in court, is not admissible as evidence against the juvenile in any case or proceeding in any other court except for the following:
938.35(1)(a)
(a) In sentencing proceedings after conviction of a felony or misdemeanor and then only for the purpose of a presentence investigation.
938.35(1)(b)
(b) In a proceeding in any court assigned to exercise jurisdiction under this chapter and
ch. 48.
938.35(1)(c)
(c) In a court of civil or criminal jurisdiction while it is exercising jurisdiction over an action affecting the family and is considering the custody of a juvenile.
938.35(1)(cm)
(cm) In a court of civil or criminal jurisdiction for purposes of setting bail under
ch. 969 or impeaching a witness under
s. 906.09.
938.35(1)(d)
(d) The fact that a juvenile has been adjudged delinquent on the basis of unlawfully and intentionally killing a person is admissible for the purpose of
s. 854.14 (5) (b).
938.35(1m)
(1m) Future criminal proceedings barred. Disposition by the court assigned to exercise jurisdiction under this chapter and
ch. 48 of any allegation under
s. 938.12 or
938.13 (12) shall bar any future proceeding on the same matter in criminal court when the juvenile attains 17 years of age. This paragraph [subsection] does not affect proceedings in criminal court that have been transferred under
s. 938.18.
938.35 Note
NOTE: The correct cross-reference is shown in brackets. Corrective legislation is pending.
938.35(2)
(2) Court disclosure of information. Except under
sub. (1), this section does not preclude the court from disclosing information to qualified persons if the court considers the disclosure to be in the best interests of the juvenile or of the administration of justice.
938.35 Annotation
If evidence of a prior rape is introduced at a rape trial to prove identity, testimony of the prior rape victim is admissible notwithstanding that the defendant was tried as a juvenile for the prior rape. Sanford v. State,
76 Wis. 2d 72,
250 N.W.2d 348 (1977).
938.35 Annotation
Inferential impeachment; the presence of parole officers at subsequent juvenile adjudications. O'Donnell, 55 MLR 349.
938.35 Note
NOTE: The above annotations cite to s. 48.35, the predecessor statute to s. 938.35.
938.355
938.355
Dispositional orders. 938.355(1)
(1)
Intent. In any order under
s. 938.34 or
938.345, the court shall decide on a placement and treatment finding based on evidence submitted to the court. The disposition shall employ those means necessary to promote the objectives under
s. 938.01. If the court has determined that any of the conditions specified in
s. 938.34 (4m) (b) 1.,
2., or
3. applies, that determination shall be prima facie evidence that a less restrictive alternative than placement in a juvenile correctional facility or a secured residential care center for children and youth is not appropriate. If information under
s. 938.331 has been provided in a court report under
s. 938.33 (1), the court shall consider that information when deciding on a placement and treatment finding.
938.355(2)(a)(a) In addition to the order, the court shall make written findings of fact and conclusions of law based on the evidence presented to the court to support the disposition ordered, including findings as to the juvenile's condition and need for special treatment or care if an examination or assessment was conducted under
s. 938.295. A finding may not include a finding that a juvenile is in need of psychotropic medications.
938.355(2)(b)
(b) The court order shall be in writing and shall contain:
938.355(2)(b)1.
1. The specific services to be provided to the juvenile and the juvenile's family, and, if custody is to be transferred to effect the treatment plan, the identity of the legal custodian.
938.355(2)(b)1m.
1m. A notice that the juvenile's parent, guardian, or legal custodian or the juvenile, if 14 years of age or older, may request an agency that is providing care or services for the juvenile or that has legal custody of the juvenile to disclose to, or make available for inspection by, the parent, guardian, legal custodian, or juvenile the contents of any record kept or information received by the agency about the juvenile as provided in
s. 938.78 (2) (ag).
938.355(2)(b)2.
2. If the juvenile is placed outside the home, the name of the place or facility, including transitional placements, where the juvenile shall be cared for or treated, except that if the placement is a foster home and the name and address of the foster parent is not available at the time of the order, the name and address of the foster parent shall be furnished to the court and the parent within 21 days after the order. If, after a hearing on the issue with due notice to the parent or guardian, the court finds that disclosure of the identity of the foster parent would result in imminent danger to the juvenile or the foster parent, the court may order the name and address of the prospective foster parents withheld from the parent or guardian.
938.355(2)(b)4.
4. If the juvenile is placed outside the juvenile's home, a designation of the amount of support, if any, to be paid by the juvenile's parent, guardian or trustee, specifying that the support obligation begins on the date of the placement, or a referral to the county child support agency under
s. 59.53 (5) for establishment of child support.
938.355(2)(b)4m.
4m. If the juvenile is placed outside the home and if the juvenile's parent has not provided a statement of the income, assets, debts, and living expenses of the juvenile and the juvenile's parent to the county department under
s. 938.30 (6) (b) or
(c) or
938.31 (7) (b) or
(c), an order for the parent to provide that statement to the county department by a date specified by the court. The county department shall provide, without charge, to the parent a form on which to provide that statement, and the parent shall provide that statement on the form. The county department shall use the information in the statement to determine whether the department may claim federal foster care and adoption assistance reimbursement under
42 USC 670 to
679a for the cost of providing care for the juvenile.
938.355(2)(b)6.
6. If the juvenile is placed outside the home, a finding that continued placement of the juvenile in his or her home would be contrary to the welfare of the juvenile or, if the juvenile has been adjudicated delinquent and is placed outside the home under
s. 938.34 (3) (a),
(c),
(cm), or
(d) or
(4d), a finding that the juvenile's current residence will not safeguard the welfare of the juvenile or the community due to the serious nature of the act for which the juvenile was adjudicated delinquent. The court order shall also contain a finding as to whether the county department or the agency primarily responsible for providing services under a court order has made reasonable efforts to prevent the removal of the juvenile from the home, while assuring that the juvenile's health and safety are the paramount concerns, unless the court finds that any of the circumstances under
sub. (2d) (b) 1. to
4. applies, and, if a permanency plan has previously been prepared for the juvenile, a finding as to whether the county department or agency has made reasonable efforts to achieve the permanency goal of the juvenile's permanency plan, including, if appropriate, through an out-of-state placement. The court shall make the findings specified in this subdivision on a case-by-case basis based on circumstances specific to the juvenile and shall document or reference the specific information on which those findings are based in the court order. A court order that merely references this subdivision without documenting or referencing that specific information in the court order or an amended court order that retroactively corrects an earlier court order that does not comply with this subdivision is not sufficient to comply with this subdivision.
938.355 Note
NOTE: Subd. 6. is shown as affected by
2011 Wis. Acts 181 and
258 and as merged by the legislative reference bureau under s. 13.92 (2) (i).
938.355(2)(b)6g.
6g. If the juvenile is placed outside the home under the supervision of the county department, an order ordering the juvenile into the placement and care responsibility of the county department as required under
42 USC 672 (a) (2) and assigning the county department primary responsibility for providing services to the juvenile.
938.355(2)(b)6m.
6m. If the juvenile is placed outside the home in a placement recommended by the agency designated under
s. 938.33 (1), a statement that the court approves the placement recommended by the agency or, if the juvenile is placed outside the home in a placement other than a placement recommended by that agency, a statement that the court has given bona fide consideration to the recommendations made by the agency and all parties relating to the juvenile's placement.
938.355(2)(b)6p.
6p. If the juvenile is placed outside the home and if the juvenile has one or more siblings, as defined in
s. 938.38 (4) (br) 1., who have also been placed outside the home, a finding as to whether the county department or the agency primarily responsible for providing services under a court order has made reasonable efforts to place the juvenile in a placement that enables the sibling group to remain together, unless the court determines that a joint placement would be contrary to the safety or well-being of the juvenile or any of those siblings, in which case the court shall order the county department or agency to make reasonable efforts to provide for frequent visitation or other ongoing interaction between the juvenile and the siblings, unless the court determines that such visitation or interaction would be contrary to the safety or well-being of the juvenile or any of those siblings.
938.355(2)(b)6r.
6r. If the court finds that any of the circumstances under
sub. (2d) (b) 1. to
4. applies with respect to a parent, a determination that the county department or agency primarily responsible for providing services under the court order is not required to make reasonable efforts with respect to the parent to make it possible for the juvenile to return safely to his or her home.
938.355(2)(b)6v.
6v. If the juvenile is an Indian juvenile who is in need of protection or services under
s. 938.13 (4),
(6),
(6m), or
(7) and who is being removed from the home of his or her parent or Indian custodian and placed outside that home, a finding supported by clear and convincing evidence, including the testimony of one or more qualified expert witnesses, that continued custody of the Indian juvenile by the parent or Indian custodian is likely to result in serious emotional or physical damage to the juvenile under
s. 938.028 (4) (d) 1. and a finding that active efforts under
s. 938.028 (4) (d) 2. have been made to prevent the breakup of the Indian juvenile's family and that those efforts have proved unsuccessful. The findings under this subdivision shall be in addition to the findings under
subd. 6., except that for the sole purpose of determining whether the cost of providing care for an Indian juvenile is eligible for reimbursement under
42 USC 670 to
679b, the findings under this subdivision and the findings under
subd. 6. shall be considered to be the same findings. The findings under this subdivision are not required if they were made in a previous order in the proceeding unless a change in circumstances warrants new findings.
938.355(2)(b)7.
7. A statement of the conditions with which the juvenile is required to comply.
938.355(2)(c)
(c) If school attendance is a condition of an order under
par. (b) 7., the order shall specify what constitutes a violation of the condition and shall direct the school board of the school district or the governing body of the private school in which the juvenile is enrolled, or shall request the governing body of the tribal school in which the juvenile is enrolled, to notify the county department that is responsible for supervising the juvenile within 5 days after any violation of the condition by the juvenile.
938.355(2)(cm)1.1. Subject to
subd. 2., the court shall order the county department or the agency primarily responsible for providing services to the juvenile under the dispositional order to conduct a diligent search in order to locate and provide notice of the information specified in
s. 938.21 (5) (e) 2. a. to
e. to all relatives of the juvenile named under
s. 938.335 (6) and to all adult relatives, as defined in
s. 938.21 (5) (e) 1., 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 that information to all other adult individuals named under
s. 938.335 (6) 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
s. 938.335 (6) 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.
938.355(2)(cm)2.
2. Subdivision 1. does not apply if the search required under
subd. 1. was previously conducted and the notice required under
subd. 1. was previously provided under
s. 938.21 (5) (e) 2.
938.355(2)(d)
(d) The court shall provide a copy of the dispositional order to the juvenile's parent, guardian, legal custodian, or trustee and, if the juvenile is an Indian juvenile who has been removed from the home of his or her parent or Indian custodian and placed outside that home under
s. 938.13 (4),
(6),
(6m), or
(7), to the Indian juvenile's Indian custodian and tribe.
938.355(2b)
(2b) Concurrent reasonable efforts permitted. 938.355(2b)(a)(a) In this subsection, "concurrent planning" means appropriate efforts to work simultaneously towards achieving more than one of the permanency goals listed in
s. 938.38 (4) (fg) 1. to
5. for a juvenile who is placed in out-of-home care and for whom a permanency plan is required under
s. 938.38 (2).
938.355(2b)(b)
(b) A county department or the agency primarily responsible for providing services to a juvenile under a court order shall determine, in accordance with standards established by the department, whether to engage in concurrent planning. If, according to those standards, concurrent planning is required, the county department or agency shall engage in concurrent planning unless the court or permanency review panel determines under
s. 938.38 (5) (c) 5m. that concurrent planning is inappropriate.
