AB130,173,2424
(b) To hold each juvenile offender directly accountable for his or her acts.
AB130,174,4
1(c) To provide an individualized assessment of each alleged and adjudicated
2delinquent juvenile, in order to prevent further delinquent behavior through the
3development of competency in the juvenile offender, so that he or she is more capable
4of living productively and responsibly in the community.
AB130,174,75
(d) To provide due process through which each juvenile offender and all other
6interested parties are assured fair hearings, during which constitutional and other
7legal rights are recognized and enforced.
AB130,174,98
(e) To divert juveniles from the juvenile justice system through early
9intervention as warranted, when consistent with the protection of the public.
AB130,174,1210
(f) To respond to a juvenile offender's needs for care and treatment, consistent
11with the prevention of delinquency, each juvenile's best interest and protection of the
12public, by allowing the judge to utilize the most effective dispositional option.
AB130,174,1713
(g) To ensure that victims and witnesses of acts committed by juveniles that
14result in proceedings under this chapter are, consistent with the provisions of this
15chapter and the Wisconsin constitution, afforded the same rights as victims and
16witnesses of crimes committed by adults, and are treated with dignity, respect,
17courtesy and sensitivity throughout such proceedings.
AB130,174,18
18938.02 Definitions. In this chapter:
AB130,174,21
19(1) "Adult" means a person who is 17 years of age or older, except that "adult"
20does not include a person 17 years of age who comes within the jurisdiction of the
21court under s. 938.13 (4), (6), (6m) or (7).
AB130,174,22
22(1m) "Alcoholism" has the meaning given in s. 51.01 (1m).
AB130,175,2
23(1p) "Alcohol or other drug abuse impairment" means a condition of a person
24which is exhibited by characteristics of habitual lack of self-control in the use of
25alcohol beverages or controlled substances to the extent that the person's health is
1substantially affected or endangered or the person's social or economic functioning
2is substantially disrupted.
AB130,175,3
3(1s) "Approved treatment facility" has the meaning given in s. 51.01 (2).
AB130,175,6
4(2c) "Child caring institution" means a facility operated by a child welfare
5agency licensed under s. 48.60 for the care and maintenance of persons residing in
6that facility.
AB130,175,7
7(2d) "Controlled substance" has the meaning given in s. 161.01 (4).
AB130,175,9
8(2g) "County department" means a county department under s. 46.215, 46.22
9or 46.23, unless the context requires otherwise.
AB130,175,12
10(2m) "Court", when used without further qualification, means the court
11assigned to exercise jurisdiction under this chapter and ch. 48 or, when used with
12reference to a juvenile who is subject to s. 938.183 (2), a court of criminal jurisdiction.
AB130,175,14
13(3) "Court intake worker" means any person designated to provide intake
14services under s. 938.067.
AB130,175,18
15(3m) "Delinquent" means a juvenile who is 10 years of age or older who has
16violated any state or federal criminal law, except as provided in ss. 938.17, 938.18
17and 938.183, or who has committed a contempt of court, as defined in s. 785.01 (1),
18as specified in s. 938.355 (6g).
AB130,175,19
19(4) "Department" means the department of health and social services.
AB130,175,21
20(5) "Developmentally disabled" means having a developmental disability, as
21defined in s. 51.01 (5).
AB130,175,22
22(5g) "Drug dependent" has the meaning given in s. 51.01 (8).
AB130,175,25
23(6) "Foster home" means any facility that is operated by a person required to
24be licensed by s. 48.62 (1) (a) and that provides care and maintenance for no more
25than 4 children unless all of the children are siblings.
AB130,176,3
1(7) "Group home" means any facility operated by a person required to be
2licensed by the department under s. 48.625 for the care and maintenance of 5 to 8
3children.
AB130,176,5
4(8) "Guardian" means the person named by the court having the duty and
5authority of guardianship.
AB130,176,6
6(9s) "Integrated service plan" has the meaning given in s. 46.56 (1) (g).
AB130,176,10
7(10) "Judge", if used without further qualification, means the judge of the court
8assigned to exercise jurisdiction under this chapter and ch. 48 or, if used with
9reference to a juvenile who is subject to s. 938.183 (2), the judge of the court of
10criminal jurisdiction.
AB130,176,13
11(10m) "Juvenile" means a person who is less than 17 years of age, except that
12"juvenile" includes a person 17 years of age who comes within the jurisdiction of the
13court under s. 938.125 or 938.13 (4), (6), (6m) or (7).
AB130,176,16
14(11) "Legal custodian" means a person, other than a parent or guardian, or an
15agency to whom legal custody of the juvenile has been transferred by a court, but does
16not include a person who has only physical custody of the juvenile.
AB130,176,22
17(12) "Legal custody" means a legal status created by the order of a court, which
18confers the right and duty to protect, train and discipline the juvenile, and to provide
19food, shelter, legal services, education and ordinary medical and dental care, subject
20to the rights, duties and responsibilities of the guardian of the juvenile and subject
21to any residual parental rights and responsibilities and the provisions of any court
22order.
AB130,177,3
23(13) "Parent" means either a biological parent, a husband who has consented
24to the artificial insemination of his wife under s. 891.40, or a parent by adoption. If
25the juvenile is a nonmarital child who is not adopted or whose parents do not
1subsequently intermarry under s. 767.60, "parent" includes a person adjudged in a
2judicial proceeding to be the biological father. "Parent" does not include any person
3whose parental rights have been terminated.