938.299(7)
(7)
Establishment of paternity when no man alleges paternity. If a man who has been given notice under s.
938.27 (3) (b) 1. appears at any hearing for which he received the notice but does not allege that he is the father of the juvenile and state that he wishes to establish the paternity of the juvenile or if no man to whom such notice was given appears at a hearing, the court may refer the matter to the state or to the attorney responsible for support enforcement under s.
59.53 (6) (a) for a determination, under s.
767.80, of whether an action should be brought for the purpose of determining the paternity of the juvenile.
938.299(8)
(8)
Testimony of juvenile's mother relating to paternity. As part of the proceedings under this chapter, the court may order that a record be made of any testimony of the juvenile's mother relating to the juvenile's paternity. A record made under this subsection is admissible in a proceeding to determine the juvenile's paternity under subch.
IX of ch. 767.
938.299(9)
(9)
Indian juvenile; tribal court involvement. 938.299(9)(a)
(a) If a petition under s.
938.12 or
938.13 (12) includes the statement in s.
938.255 (1) (cr) 2. or if the court is informed during a proceeding under s.
938.12 or
938.13 (12) that a petition relating to the delinquent act has been filed in a tribal court with respect to a juvenile to whom the circumstances specified in s.
938.255 (1) (cr) 1. apply, the court shall stay the proceeding and communicate with the tribal court in which the other proceeding is or may be pending to discuss which court is the more appropriate forum.
938.299(9)(b)
(b) If the court and tribal court either mutually agree or agree under the terms of an established judicial protocol applicable to the court that the tribal court is the more appropriate forum, the court shall dismiss the petition without prejudice or stay the proceeding. The court's decision shall be based on the best interests of the juvenile and of the public.
938.299(9)(c)
(c) If a stay is ordered under par.
(b), jurisdiction of the court continues over the juvenile until one year has elapsed since the last order affecting the stay was entered in the court. At any time during which jurisdiction of the court continues over the juvenile, the court may, on motion and notice to the parties, subsequently lift the stay order and take any further action in the proceeding as the interests of the juvenile and of the public require. When jurisdiction of the court over the juvenile terminates by reason of the lapse of the one year following the last order affecting the stay, the clerk of the court shall, without notice, enter an order dismissing the petition.
938.299(10)
(10)
Indian juvenile; notice. If at any point in a proceeding under s.
938.13 (4),
(6),
(6m), or
(7) the court determines or has reason to know that the juvenile is an Indian juvenile, the court shall provide notice of the proceeding to the juvenile's parent, Indian custodian, and tribe in the manner specified in s.
938.028 (4) (a). The next hearing in the proceeding may not be held until at least 10 days after receipt of the notice by the parent, Indian custodian, and tribe or, if the identity or location of the 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 parent, Indian custodian, or tribe, the court shall grant a continuance of up to 20 additional days to enable the requester to prepare for that hearing.
938.299 History
History: 1995 a. 77,
275,
352;
1997 a. 35,
205,
252,
296;
1999 a. 32,
188;
2001 a. 16;
2003 a. 284,
326;
2005 a. 277,
344;
2005 a. 443 s.
265;
2007 a. 97;
2009 a. 28,
94;
2013 a. 252;
2015 a. 196,
373.
938.299 Annotation
Sub. (1) (am) allows relatives of homicide victims to attend the fact-finding hearing but not the dispositional hearing. In Interest of Shawn B.N.
173 Wis. 2d 343,
497 N.W.2d 141 (Ct. App. 1992).
938.299 Note
NOTE: The above annotation cites to s. 48.299, the predecessor statute to s. 938.299.
938.30(1)(1)
Time of hearing. Except as provided in this subsection and s.
938.299 (10), the hearing to determine the juvenile's plea to a citation or a petition under s.
938.12,
938.125, or
938.13 (12) or
(14), or to determine whether any party wishes to contest an allegation that the juvenile is in need of protection or services under s.
938.13 (4),
(6),
(6m), or
(7) shall take place on a date which allows reasonable time for the parties to prepare but is within 30 days after the filing of a petition or issuance of a citation for a juvenile who is not being held in secure custody or within 10 days after the filing of a petition or issuance of a citation for a juvenile who is being held in secure custody. In a municipal court operated jointly by 2 or more cities, towns or villages under s.
755.01 (4), the hearing to determine the juvenile's plea shall take place within 45 days after the filing of a petition or issuance of a citation for a juvenile who is not being held in secure custody.
938.30(2)
(2)
Information to juvenile and parents; basic rights; substitution. At or before the commencement of the hearing under this section the juvenile and the parent, guardian, legal custodian, or Indian custodian shall be advised of their rights as specified in s.
938.243 and shall be informed that the hearing shall be to the court and that a request for a substitution of judge under s.
938.29 must be made before the end of the plea hearing or is waived. Nonpetitioning parties, including the juvenile, shall be granted a continuance of the plea hearing if they wish to consult with an attorney on the request for a substitution of a judge.
938.30(2m)
(2m)
Biological specimen. If the juvenile is before the court on the basis of a violation that would be a violent crime, as defined in s.
165.84 (7) (ab), if committed by an adult in this state, the court shall determine if a biological specimen has been obtained from the juvenile under s.
165.84 (7), and if not, the court shall direct that a law enforcement agency or tribal law enforcement agency obtain a biological specimen from the juvenile and submit it to the state crime laboratories as specified in rules promulgated by the department of justice under s.
165.76 (4). If the court requires the juvenile to provide a specimen under this subsection or if a biological specimen has already been obtained from the juvenile, the court shall inform the juvenile that he or she may request expungement under s.
165.77 (4).
938.30(3)
(3)
Juvenile in need of protection or services proceeding; possible pleas. If a petition alleges that a juvenile is in need of protection or services under s.
938.13 (4),
(6),
(6m),
(7) or
(14), the nonpetitioning parties and the juvenile, if he or she is 12 years of age or older or is otherwise competent to do so, shall state whether they desire to contest the petition.
938.30(4)
(4)
Delinquency and civil law or ordinance proceedings; possible pleas. If a delinquency petition under s.
938.12, a civil law or ordinance violation petition or citation under s.
938.125, or a petition alleging that the juvenile is in need of protection or services under s.
938.13 (12) is filed, the juvenile may submit any of the following pleas:
938.30(4)(a)
(a) Admit some or all of the facts alleged in the petition or citation. This plea is an admission only of the commission of the acts and does not constitute an admission of delinquency.
938.30(4)(b)
(b) Deny the facts alleged in the petition or citation. If the juvenile stands mute or refuses to plead, the court shall direct entry of a denial of the facts alleged in the petition or citation on the juvenile's behalf.
938.30(4)(bm)
(bm) Plead no contest to the allegations, if the court permits the juvenile to enter that plea.
938.30(4)(c)
(c) Except in the case of a petition or citation under s.
938.125, state that he or she is not responsible for the acts alleged in the petition by reason of mental disease or defect. This plea shall be joined with an admission under par.
(a), a denial under par.
(b), or a plea of no contest under par.
(bm).
938.30(4m)
(4m)
Court to inquire about notice to victims. Before accepting a plea under sub.
(4) in a proceeding in which a juvenile is alleged to be delinquent under s.
938.12 or to be in need of protection or services under s.
938.13 (12), the court shall inquire of the district attorney or corporation counsel as to all of the following:
938.30(4m)(b)
(b) Whether any of the known victims requested notice of the date, time, and place of the plea hearing and, if so, whether the district attorney or corporation counsel provided that notice.
938.30(5)
(5)
Not competent or not responsible. 938.30(5)(a)
(a) If there is probable cause to believe that the juvenile has committed the alleged offense and if there is reason to doubt the juvenile's competency to proceed, or if the juvenile enters a plea of not responsible by reason of mental disease or defect, the court shall order an examination under s.
938.295 and shall specify the date by which the report must be filed in order to give the district attorney or corporation counsel and the juvenile's counsel a reasonable opportunity to review the report. The court shall set a date for hearing as follows:
938.30(5)(a)1.
1. If the juvenile admits or pleads no contest to the allegations in the petition, the hearing to determine whether the juvenile was not responsible by reason of mental disease or defect shall be held no more than 10 days from the plea hearing for a juvenile held in secure custody and no more than 30 days from the plea hearing for a juvenile who is not held in secure custody.
938.30(5)(a)2.
2. If the juvenile denies the allegations in the petition or citation, the court shall hold a fact-finding hearing on the allegations in the petition or citation as provided under s.
938.31. If, after the hearing, the court finds that the allegations in the petition have been proven, the court shall immediately hold a hearing to determine whether the juvenile was not responsible by reason of mental disease or defect.