SB572,124,24
21938.13 Jurisdiction over juveniles alleged to be in need of protection
22or services. (intro.)
The Except as provided in s. 938.028 (3), the court has exclusive
23original jurisdiction over a juvenile alleged to be in need of protection or services
24which can be ordered by the court if any of the following conditions applies:
SB572, s. 247
25Section
247. 938.15 of the statutes is amended to read:
SB572,125,8
1938.15 Jurisdiction of other courts to determine legal custody. Nothing 2Except as provided in s. 938.028 (3), nothing in this chapter deprives another court
3of the right to determine the legal custody juvenile by habeas corpus or to determine
4the legal custody or guardianship of a juvenile if the legal custody or guardianship
5is incidental to the determination of an action pending in that court.
But Except as
6provided in s. 938.028 (3), the jurisdiction of the court assigned to exercise
7jurisdiction under this chapter and ch. 48 is paramount in all cases involving
8juveniles alleged to come within the provisions of ss. 938.12 to 938.14.
SB572, s. 248
9Section
248. 938.185 (4) (title) of the statutes is amended to read:
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938.185
(4) (title)
American Indian juveniles.
SB572, s. 249
11Section
249. 938.185 (4) (intro.) of the statutes is amended to read:
SB572,125,1512
938.185
(4) (intro.) Venue for a proceeding under s. 938.12 or 938.13 (12) based
13on an allegation that an
American Indian juvenile has committed a delinquent act
14may not be in the county specified in sub. (1) (a), unless that county is specified in
15sub. (1) (b) or (c), if all of the following circumstances apply:
SB572, s. 250
16Section
250. 938.185 (4) (a) of the statutes is amended to read:
SB572,125,2017
938.185
(4) (a) At the time of the alleged delinquent act the juvenile was under
18an order of a
tribe's tribal court, other than a tribal court order relating to adoption,
19physical placement or visitation with the juvenile's parent, or permanent
20guardianship.
SB572, s. 251
21Section
251. 938.185 (4) (b) of the statutes is amended to read:
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938.185
(4) (b) At the time of the alleged delinquent act the juvenile was
23physically outside the boundaries of
that tribe's
the reservation
of the Indian tribe
24of the tribal court and any off-reservation trust land of either that
Indian tribe or a
25member of that
Indian tribe as a direct consequence of a tribal court order under par.
1(a), including a tribal court order placing the juvenile in the home of a relative of the
2juvenile who on or after the date of the tribal court order resides physically outside
3the boundaries of a reservation and off-reservation trust land.
SB572, s. 252
4Section
252. 938.19 (2) of the statutes is amended to read:
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938.19
(2) Notification of parent, guardian, legal custodian, Indian
6custodian. When a juvenile is taken into physical custody under this section, the
7person taking the juvenile into custody shall immediately attempt to notify the
8parent, guardian,
and legal custodian
, and Indian custodian of the juvenile by the
9most practical means. The person taking the juvenile into custody shall continue
10such attempt until the parent, guardian,
and legal custodian
, and Indian custodian 11of the juvenile are notified, or the juvenile is delivered to an intake worker under s.
12938.20 (3), whichever occurs first. If the juvenile is delivered to the intake worker
13before the parent, guardian,
and legal custodian
, and Indian custodian are notified,
14the intake worker, or another person at his or her direction, shall continue the
15attempt to notify until the parent, guardian,
and legal custodian
, and Indian
16custodian of the juvenile are notified.
SB572, s. 253
17Section
253. 938.20 (2) (ag) of the statutes is amended to read:
SB572,126,2018
938.20
(2) (ag) Except as provided in pars. (b) to (g), a person taking a juvenile
19into custody shall make every effort to release the juvenile immediately to the
20juvenile's parent, guardian
or, legal custodian
, or Indian custodian.
SB572, s. 254
21Section
254. 938.20 (2) (b) of the statutes is amended to read:
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938.20
(2) (b) If the juvenile's parent, guardian
or, legal custodian
, or Indian
23custodian is unavailable, unwilling
, or unable to provide supervision for the juvenile,
24the person who took the juvenile into custody may release the juvenile to a
25responsible adult after counseling or warning the juvenile as may be appropriate.
SB572, s. 255
1Section
255. 938.20 (3) of the statutes is amended to read:
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938.20
(3) Notification to parent, guardian, legal custodian, Indian
3custodian of release. If the juvenile is released under sub. (2) (b) to (d) or (g), the
4person who took the juvenile into custody shall immediately notify the juvenile's
5parent, guardian,
and legal custodian
, and Indian custodian of the time and
6circumstances of the release and the person, if any, to whom the juvenile was
7released. If the juvenile is not released under sub. (2), the person who took the
8juvenile into custody shall arrange in a manner determined by the court and law
9enforcement agencies for the juvenile to be interviewed by the intake worker under
10s. 938.067 (2). The person who took the juvenile into custody shall make a statement
11in writing with supporting facts of the reasons why the juvenile was taken into
12physical custody and shall give a copy of the statement to the intake worker and to
13any juvenile 10 years of age or older. If the intake interview is not done in person,
14the report may be read to the intake worker.
SB572, s. 256
15Section
256. 938.20 (7) (c) 1. of the statutes is amended to read:
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938.20
(7) (c) 1. To a parent, guardian,
or legal custodian
, or Indian custodian,
17or to a responsible adult if the parent, guardian,
or legal custodian
, or Indian
18custodian is unavailable, unwilling, or unable to provide supervision for the juvenile,
19counseling or warning the juvenile as may be appropriate; or, if the juvenile is 15
20years of age or older, without immediate adult supervision, counseling or warning
21the juvenile as may be appropriate.
SB572, s. 257
22Section
257. 938.20 (7) (d) of the statutes is amended to read:
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938.20
(7) (d) If the juvenile is released from custody, the intake worker shall
24immediately notify the juvenile's parent, guardian
and
, legal custodian
, and Indian
1custodian of the time and circumstances of the release and the person, if any, to whom
2the juvenile was released.
SB572, s. 258
3Section
258. 938.20 (8) (a) of the statutes is amended to read:
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938.20
(8) (a) If a juvenile is held in custody, the intake worker shall notify the
5juvenile's parent, guardian,
and legal custodian
, and Indian custodian of the reasons
6for holding the juvenile in custody and of the juvenile's whereabouts unless there is
7reason to believe that notice would present imminent danger to the juvenile. The
8parent, guardian,
and legal custodian
, and Indian custodian shall also be notified of
9the time and place of the detention hearing required under s. 938.21, the nature and
10possible consequences of the hearing,
and the right to present and cross-examine
11witnesses at the hearing
, and, in the case of a parent or Indian custodian of an Indian
12juvenile, the right to counsel under s. 938.028 (4) (b). If the parent, guardian,
or legal
13custodian
, or Indian custodian is not immediately available, the intake worker or
14another person designated by the court shall provide notice as soon as possible.
SB572, s. 259
15Section
259. 938.21 (2) (title) of the statutes is amended to read:
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938.21
(2) (title)
Proceedings concerning
runaway or delinquent juveniles.
SB572, s. 260
17Section
260. 938.21 (2) (ag) of the statutes is amended to read:
SB572,128,2018
938.21
(2) (ag) Proceedings concerning a juvenile who comes within the
19jurisdiction of the court under s. 938.12 or 938.13
(7) or (12)
or (14) shall be conducted
20according to this subsection.