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 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.
938.355(4)(am)
(am) 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, group home, or residential care center for children and youth, in the home of a relative other than a parent, or in a supervised independent living arrangement shall terminate on the latest of the following dates, unless the court specifies a shorter period or the court terminates the order sooner:
938.355(4)(am)2.
2. The date that is one year after the date on which the order is granted.
938.355(4)(am)3.
3. The date on which the juvenile is granted a high school or high school equivalency diploma or the date on which the juvenile attains 19 years of age, whichever occurs first, 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.
938.355(4)(am)4.
4. The date on which the juvenile is granted a high school or high school equivalency diploma or the date on which the juvenile attains 21 years of age, whichever occurs first, if the juvenile is a full-time student at a secondary school or its vocational or technical equivalent and if an individualized education program under s.
115.787 is in effect for the juvenile. The court may not grant an order that terminates as provided in this subdivision unless the juvenile is 17 years of age or older when the order is granted and the juvenile, or the juvenile's guardian on behalf of the juvenile, agrees to the order. At any time after the juvenile attains 18 years of age, the juvenile, or the juvenile's guardian on behalf of the juvenile, may request the court in writing to terminate the order and, on receipt of such a request, the court, without a hearing, shall terminate the order.
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(4g)
(4g)
Termination of orders; case closure orders. 938.355(4g)(a)
(a) On request of a person authorized to file a petition under par.
(b) or on its own motion and on a finding that granting the request or motion would be in the best interests of the juvenile, the court may terminate an order under this section or s.
938.357 or
938.365 before the juvenile attains 18 years of age and grant an order determining paternity of the juvenile, legal custody of the juvenile, periods of physical placement with the juvenile, visitation rights with respect to the juvenile, or the obligation of the juvenile's parents to provide support for the juvenile and the responsibility of the juvenile's parents to provide coverage of the juvenile's health care expenses if any of the following apply:
938.355(4g)(a)1.
1. The juvenile's parents are parties to a pending action for divorce, annulment, or legal separation, a man determined under s.
938.299 (6) (e) 4. to be the biological father of the juvenile for purposes of a proceeding under this chapter is a party to a pending action to determine paternity of the juvenile under ch.
767, or the juvenile is the subject of a pending independent action under s.
767.41 or
767.43 to determine legal custody of the juvenile or visitation rights with respect to the juvenile.
938.355(4g)(a)2.
2. The juvenile is the subject of an order that has been granted in an action affecting the family determining legal custody of the juvenile, periods of physical placement with the juvenile, visitation rights with respect to the juvenile, or the obligation of the juvenile's parents to provide support for the juvenile and the responsibility of the juvenile's parents to provide coverage of the juvenile's health care expenses.
938.355(4g)(b)
(b) The juvenile or his or her counsel or guardian ad litem, the juvenile's parent, guardian, legal custodian, or Indian custodian, the person or agency responsible for implementing the dispositional order, or the district attorney or corporation counsel may file a petition with the court requesting an order under par.
(a) or the court, on its own motion, may propose such an order.
938.355(4g)(c)
(c) The court shall hold a hearing before granting an order requested or proposed under par.
(b). At least 5 days before the hearing, the court shall cause notice of the hearing, together with a copy of the request or proposal, to be provided to the juvenile, the juvenile's counsel or guardian ad litem, the juvenile's parent, guardian, and legal custodian, the person or agency primarily responsible for implementing the dispositional order, the district attorney or corporation counsel, and, if the juvenile is an Indian juvenile, the juvenile's Indian custodian and tribe.
938.355(4g)(d)
(d) In considering whether to grant a request or proposal for an order under par.
(a), the court shall proceed as follows:
938.355(4g)(d)1.
1. If the request or proposal is for an order determining paternity of the juvenile, the court shall determine paternity in the same manner as paternity is determined under subch.
IX of ch. 767.
938.355(4g)(d)2.
2. If the request or proposal is for an order determining legal custody of the juvenile and periods of physical placement with the juvenile, the court shall determine legal custody and periods of physical placement in the same manner as legal custody and periods of physical placement are determined under ss.
767.41 and
767.481 and, if the juvenile is the subject of a preexisting order that has been entered in an action affecting the family determining legal custody of the juvenile or periods of physical placement with the juvenile, in the same manner as legal custody and periods of physical placement are determined under ss.
767.451 and
767.461, except that the court is not required to refer the parties for mediation under s.
767.405 (5) or refer the matter for a legal custody and physical placement study under s.
767.405 (14), the parties are not required to file a parenting plan under s.
767.41 (1m), and the court may not transfer legal custody of the juvenile to a relative or an agency under s.
767.41 (3).
938.355(4g)(d)3.
3. If the request or proposal is for an order determining visitation rights with respect to the juvenile, the court shall determine those rights in the same manner as visitation rights are determined under ss.
767.43 and
767.44.
938.355(4g)(d)4.
4. If the request or proposal is for an order determining the obligation of the juvenile's parents to provide support for the juvenile and the responsibility of the juvenile's parents to provide coverage of the juvenile's health care expenses, the court shall determine that obligation and responsibility in the same manner as that obligation and responsibility are determined under ss.
767.511,
767.513,
767.54,
767.55,
767.57, and
767.58.
938.355(4g)(e)
(e) An order under par.
(a) may modify a preexisting order of a court exercising jurisdiction in an action affecting the family and shall remain in effect until modified or terminated by a court exercising that jurisdiction.
938.355(4g)(f)
(f) If at the time an order under par.
(a) is granted an action described in par.
(a) 1. is pending or if at that time the juvenile is the subject of a preexisting order described in par.
(a) 2., the court that granted the order under par.
(a) shall file a copy of the order with the court that is exercising jurisdiction in that pending action or that entered that preexisting order. On receipt of the copy of that order, the court that is exercising jurisdiction over the pending action or that granted the preexisting order shall provide a copy of that order to all parties to that pending action or to all parties that are bound by that preexisting order. The order shall become a part of the record of that pending action or the action in which the preexisting order was granted.
938.355(4g)(g)1.1. A person who is granted legal custody and periods of physical placement with a juvenile under an order under par.
(a) may seek enforcement of the order by filing a motion under s.
767.471 (3) with the court in which the order was filed under par.
(f), and that court shall enforce the order in the same manner as legal custody and physical placement orders are enforced under s.
767.471.
938.355(4g)(g)2.
2. A party to a proceeding under this subsection in which legal custody and periods of physical placement with a juvenile are determined under an order under par.
(a) may seek a modification of the order by filing a petition, motion, order to show cause, or stipulation with the court in which the order was filed under par.
(f), and that court may modify the order in the same manner as legal custody and physical placement orders are modified under ss.
767.451,
767.461, and
767.481.
938.355(4g)(h)1.1. A person who is granted visitation rights with respect to a juvenile under an order under par.
(a) may seek enforcement of the order by filing a motion for contempt of court under s.
767.43 (5) with the court in which the order was filed under par.
(f), and that court shall enforce the order in the same manner as visitation orders are enforced under s.
767.43 (5).
938.355(4g)(h)2.
2. A party to a proceeding under this subsection in which visitation rights with respect to a juvenile are determined under an order under par.
(a) may seek a modification of the order by filing a petition, motion, or order to show cause with the court in which the order was filed under par.
(f), and that court may modify the order in the same manner as visitation orders are modified under s.
767.43 (1),
(3), or
(6), whichever is applicable.
938.355(4g)(i)1.1. A party to a proceeding under this subsection in which the obligation to provide support for a juvenile and the responsibility to provide health care coverage for a juvenile are determined under an order under par.
(a) who is authorized to commence an action to compel child support under s.
767.501 may seek enforcement of the order by filing an action to compel support under s.
767.501 with the court in which the order was filed under par.
(f), and that court shall enforce the order in the same manner as child support and health care coverage orders are enforced under ss.
767.511,
767.513,
767.54,
767.55,
767.57,
767.58, and
767.70 to
767.78.
938.355(4g)(i)2.
2. A party to a proceeding under this subsection in which the obligation to provide support for a juvenile and the responsibility to provide health care coverage for a juvenile are determined under an order under par.
(a) may seek a modification of the order by filing a petition, motion, or order to show cause with the court in which the order was filed under par.
(f), and that court may modify the order in the same manner as child support and health care coverage orders are modified under ss.
767.553 and
767.59.
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) or
(3), 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 of corrections and the department of children and families 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. Except as provided in subd.
3., 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).
938.355(6)(a)2.
2. Except as provided in subd.
3., 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.
938.355(6)(a)2m.
2m. A sanction may be imposed under subd.
1. or
2. only if, at the dispositional hearing under s.
938.335, the court explained the conditions specified in sub.
(2) (b) 7. 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 1901 to
1963, and, if the juvenile may be subject to that act, the names and addresses of the juvenile's Indian custodian, if any, and tribe, if known.
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 1901 to
1963 and, if the juvenile may be subject to that act, the names and addresses of the juvenile's Indian custodian, if any, and tribe, if known.
938.355(6)(bm)
(bm)
Indian juvenile; notice. If the person initiating the motion knows or has reason to know that the juvenile is an Indian juvenile who has been found to be in need of protection or services under s.
938.13 (4),
(6m), or
(7) or who has been adjudged to have violated a civil law or ordinance, other than an ordinance enacted under s.
118.163 (1m) or
(2), and if the motion is seeking removal of the juvenile from the home of his or her parent or Indian custodian and placement of the juvenile in a place of nonsecure custody specified in par.
(d) 1., notice under par.
(b) to the Indian juvenile's parent shall be provided in the manner specified in s.
938.028 (4) (a). In like manner, the court shall also notify the Indian juvenile's Indian custodian and tribe. No hearing may be held under par.
(c) until at least 10 days after receipt of the notice by the Indian juvenile's parent, Indian custodian, and tribe or, if the identity or location of the Indian juvenile's parent, Indian custodian, or tribe cannot be determined, until at least 15 days after receipt of the notice by the U.S. secretary of the interior. On request of the Indian juvenile's parent, Indian custodian, or tribe, the court shall grant a continuance of up to 20 additional days to enable the requester to prepare for the hearing.
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)(cr)
(cr)
Indian juvenile; findings. In the case of an Indian juvenile who has been found to be in need of protection or services under s.
938.13 (4),
(6m), or
(7) or who has been adjudged to have violated a civil law or ordinance, other than an ordinance enacted under s.
118.163 (1m) or
(2), the court may not order the sanction of removal from the home of the Indian juvenile's parent or Indian custodian and placement in a place of nonsecure custody specified in par.
(d) 1., unless the court finds 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 the court finds 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. These findings are not required if they were made in the dispositional order under which the juvenile is being sanctioned. The findings under this paragraph shall be in addition to the findings under par.
(cm), 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 paragraph and the findings under par.
(cm) shall be considered to be the same findings.
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 of corrections 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(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 on which the juvenile is first eligible for issuance or reinstatement of an operator's license under ch.
343. 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 approval and may take possession of, and if possession is taken, shall destroy, the suspended license. The court shall forward to the department that issued the license or approval the notice of suspension, together with any approval of which the court takes possession.
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 subds.
2g.,
2m., and
2r., 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 of corrections 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.
938.355(6d)(a)2.
2. Notwithstanding ss.
938.19 to
938.21, but subject to subds.
2g.,
2m., and
2r., 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 of corrections 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. 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)2g.
2g. The taking into custody and placement of a juvenile under subd.
1. or
2. is subject to any general written policies adopted by the court under s.
938.06 (1) and
(2) and to any policies adopted by the county board relating to such taking into custody and placement.
938.355(6d)(a)2m.
2m. Short-term detention may be imposed under subd.
1. or
2. only if at the dispositional hearing the court explained the conditions specified in sub.
(2) (b) 7. 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)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)1.
1. Notwithstanding ss.
938.19 to
938.21, but subject to subds.
2g.,
2m., and
2r., if a juvenile who is on aftercare supervision 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 of corrections 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.
938.355(6d)(b)2.
2. Notwithstanding ss.
938.19 to
938.21, but subject to subds.
2g.,
2m., and
2r., if a juvenile who is on aftercare supervision 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 of corrections 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. 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)2g.
2g. The taking into custody and placement of a juvenile under subd.
1. or
2. is subject to any general written policies adopted by the court under s.
938.06 (1) and
(2), to any policies adopted by the county department relating to aftercare supervision, and to any policies adopted by the county board relating to such taking into custody and placement.
938.355(6d)(b)2m.
2m. Short-term detention may be imposed under subd.
1. or
2. only if at the dispositional hearing the court explained the conditions of aftercare supervision 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)(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 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 subds.
2g.,
2m., and
2r., 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.
938.355(6d)(c)2.
2. Notwithstanding ss.
938.19 to
938.21, but subject to subds.
2g.,
2m., and
2r., 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. 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)2g.
2g. The taking into custody and placement of a juvenile under subd.
1. or
2. is subject to any general written policies adopted by the court under s.
938.06 (1) and
(2) and to any policies adopted by the county board relating to such taking into custody and placement.
938.355(6d)(c)2m.
2m. Short-term detention may be imposed under subd.
1. or
2. only if at the dispositional hearing the court explained the conditions specified in sub.
(2) (b) 7. 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)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.
