938.02(20m)(a)5.
5. If a person specified in
subd. 1. has been adjudicated incompetent in this state, the guardian of the person appointed for him or her.
938.02(20m)(b)
(b) "Victim" does not include a juvenile alleged to have committed the delinquent act.
938.02(21)
(21) "Victim-witness coordinator" means a person employed or contracted by the county board of supervisors under
s. 950.06 to provide services for the victims and witnesses of crimes or a person employed or contracted by the department of justice to provide the services specified in
s. 950.08.
938.02 History
History: 1995 a. 77,
216,
352,
448;
1997 a. 27,
35,
181,
191;
1999 a. 9,
162;
2001 a. 16,
59;
2003 a. 33,
284;
2005 a. 232,
344,
387;
2005 a. 443 s.
265.
938.02 Note
NOTE: 2003 Wis. Act 284, which affected this section, contains extensive explanatory notes.
938.028
938.028
Custody of Indian children. The Indian Child Welfare Act,
25 USC 1911 to
1963, supersedes this chapter in any child custody proceeding governed by that act.
938.028 History
History: 1995 a. 352;
2005 a. 344.
ORGANIZATION OF COURT
938.03
938.03
Time and place of court; absence or disability of judge. 938.03(1)(1)
Time and place of court. The court shall set apart a time and place to hold court on juvenile matters.
938.03(2)
(2) Absence or disability of judge. In the case of the absence or disability of the judge of a court assigned to exercise jurisdiction under this chapter and
ch. 48, another judge shall be assigned under
s. 751.03 to act temporarily in the judge's place. If the judge assigned temporarily is from a circuit other than the one for which elected, the judge shall receive expenses under
s. 753.073.
938.03 History
History: 1995 a. 77;
2005 a. 344.
938.06
938.06
Services for court. 938.06(1)(1)
Counties with a population of 500,000 or more. 938.06(1)(a)1.1. In counties with a population of 500,000 or more, the county board of supervisors shall provide the court with the services necessary for investigating and supervising cases under this chapter by operating a children's court center under the supervision of a director who is appointed as provided in
s. 46.21 (1m) (a). Except as otherwise provided in this subsection, the director is the chief administrative officer of the center and of the intake and probation sections and juvenile detention facilities of the center. The director is responsible for managing the personnel of, and administering the services of, the sections and the juvenile detention facilities, and for supervising operation of the physical plant and maintenance and improvement of the buildings and grounds of the center.
938.06(1)(a)1m.
1m. The center under
subd. 1. shall include investigative services, provided by the county department, for juveniles alleged to be in need of protection or services and the services of an assistant district attorney or assistant corporation counsel, or both, who shall be assigned to the center to provide investigative and legal work in cases under this chapter and
ch. 48.
938.06(1)(a)2.
2. The chief judge of the judicial administrative district shall establish written judicial policies governing intake and court services for juvenile matters under this chapter and the director of the center shall execute the policies. The chief judge shall direct and supervise the work of all personnel of the court, except the work of the district attorney or corporation counsel assigned to the court, and may delegate his or her supervisory functions.
938.06(1)(a)3.
3. The county board of supervisors shall establish policies and rules for the management and administration of the nonjudicial operations of the children's court center. The director of the center shall report to, and is responsible to, the director of the county department relating to the center director's duty to execute the policies and rules governing the center, including activities of probation officers whenever they are not performing services for the court. The director of the center is responsible for preparing and submitting to the county board of supervisors of the annual budget for the center except for the judicial functions or responsibilities which are delegated by law to the court and clerk of circuit court. The county board of supervisors, in organizing the office of director, shall provide for the devolution of the director's authority in the case of temporary absence, illness, disability to act, or a vacancy in position and shall establish the general qualifications for the position. The county board of supervisors has the authority to investigate, arbitrate, and resolve any conflict in the administration of the center between judicial and nonjudicial operational policy and rules. The county board of supervisors does not have authority over, and may not assert jurisdiction over, the disposition of any case or juvenile after a written order is made under
s. 938.21 or if a petition is filed under
s. 938.25.
938.06(1)(a)4.
4. All personnel of the intake and probation sections and of the juvenile detention facilities shall be appointed under civil service by the director, except that existing court service personnel having permanent civil service status may be reassigned to any of the sections within the center specified in this subdivision.
938.06(1)(am)1.1. All intake workers providing services under this chapter who begin employment after May 15, 1980, shall have the qualifications required to perform entry level case work in a county department and shall have successfully completed 30 hours of intake training, approved or provided by the department, prior to the completion of the first 6 months of employment in the position. The department shall monitor compliance with this subdivision according to rules promulgated by the department.
938.06(1)(am)2.
2. The department shall make training programs available annually that permit intake workers providing services under this chapter to satisfy the requirements under
subd. 1.
938.06(1)(b)
(b) Notwithstanding
par. (a), the county board of supervisors may make changes in the administration of services to the children's court center in order to qualify for the maximum amount of federal and state aid as provided in
sub. (4) and
s. 46.495.
938.06(2)
(2) Counties with a population under 500,000. 938.06(2)(a)(a) In counties having less than 500,000 population, the county board of supervisors shall authorize the county department or the court, or both, to provide intake services under
s. 938.067 and the staff needed to provide dispositional services under
s. 938.069. Intake services shall be provided by employees of the court or the county department and may not be subcontracted to other individuals or agencies, except as provided in
par. (am). Intake workers shall be governed in their intake work, including their responsibilities for requesting the filing of a petition and entering into a deferred prosecution agreement, by general written policies established by the circuit judges for the county, subject to the approval of the chief judge of the judicial administrative district.
938.06(2)(am)1.1. A county that had intake services under this chapter subcontracted from the county sheriff's department on April 1, 1980, may continue to subcontract those intake services from the county sheriff's department.