938.355
938.355
Dispositional orders. 938.355(1)(1)
Intent. In any order under s.
938.34 or
938.345, the court shall decide on a placement and treatment finding based on evidence submitted to the court. The disposition shall employ those means necessary to promote the objectives under s.
938.01. If the court has determined that any of the conditions specified in s.
938.34 (4m) (b) 1.,
2., or
3. applies, that determination shall be prima facie evidence that a less restrictive alternative than placement in a juvenile correctional facility or a secured residential care center for children and youth is not appropriate. If information under s.
938.331 has been provided in a court report under s.
938.33 (1), the court shall consider that information when deciding on a placement and treatment finding.
938.355(2)(a)
(a) In addition to the order, the court shall make written findings of fact and conclusions of law based on the evidence presented to the court to support the disposition ordered, including findings as to the juvenile's condition and need for special treatment or care if an examination or assessment was conducted under s.
938.295. A finding may not include a finding that a juvenile is in need of psychotropic medications.
938.355(2)(b)
(b) The court order shall be in writing and shall contain:
938.355(2)(b)1.
1. Specific services to be provided to the juvenile and the juvenile's family, and, if custody is to be transferred to effect the treatment plan, the identity of the legal custodian.
938.355(2)(b)1m.
1m. A notice that the juvenile's parent, guardian, or legal custodian or the juvenile, if 14 years of age or older, may request an agency that is providing care or services for the juvenile or that has legal custody of the juvenile to disclose to, or make available for inspection by, the parent, guardian, legal custodian, or juvenile the contents of any record kept or information received by the agency about the juvenile as provided in s.
938.78 (2) (ag).
938.355(2)(b)2.
2. If the juvenile is placed outside the home under s.
938.34 (3) or
(4d), the name of the place or facility, including transitional placements, where the juvenile shall be cared for or treated, except that if the placement is a foster home and the name and address of the foster parent is not available at the time of the order, the name and address of the foster parent shall be furnished to the court and the parent within 21 days after the order. If, after a hearing on the issue with due notice to the parent or guardian, the court finds that disclosure of the identity of the foster parent would result in imminent danger to the juvenile or the foster parent, the court may order the name and address of the prospective foster parents withheld from the parent or guardian.
938.355(2)(b)2m.
2m. If the juvenile is placed outside the home under s.
938.34 (4m), the name of the county department that will provide supervision and determine placement for the juvenile.
938.355(2)(b)4.
4. If the juvenile is placed outside the juvenile's home, a designation of the amount of support, if any, to be paid by the juvenile's parent, guardian or trustee, specifying that the support obligation begins on the date of the placement, or a referral to the county child support agency under s.
59.53 (5) for establishment of child support.
938.355(2)(b)4m.
4m. If the juvenile is placed outside the home and if the juvenile's parent has not provided a statement of the income, assets, debts, and living expenses of the juvenile and the juvenile's parent to the county department under s.
938.30 (6) (b) or
(c) or
938.31 (7) (b) or
(c), an order for the parent to provide that statement to the county department by a date specified by the court. The county department shall provide, without charge, to the parent a form on which to provide that statement, and the parent shall provide that statement on the form. The county department shall use the information in the statement to determine whether the department may claim federal foster care and adoption assistance reimbursement under
42 USC 670 to
679a for the cost of providing care for the juvenile.
938.355(2)(b)6.
6. If the juvenile is placed outside the home, a finding that continued placement of the juvenile in his or her home would be contrary to the welfare of the juvenile or, if the juvenile has been adjudicated delinquent and is placed outside the home under s.
938.34 (3) (a),
(c),
(cm), or
(d) or
(4d), a finding that the juvenile's current residence will not safeguard the welfare of the juvenile or the community due to the serious nature of the act for which the juvenile was adjudicated delinquent. The court order shall also contain a finding as to whether the county department or the agency primarily responsible for providing services under a court order has made reasonable efforts to prevent the removal of the juvenile from the home, while assuring that the juvenile's health and safety are the paramount concerns, unless the court finds that any of the circumstances under sub.
(2d) (b) 1. to
4. applies, and, if a permanency plan has previously been prepared for the juvenile, a finding as to whether the county department or agency has made reasonable efforts to achieve the permanency goal of the juvenile's permanency plan, including, if appropriate, through an out-of-state placement. The court shall make the findings specified in this subdivision on a case-by-case basis based on circumstances specific to the juvenile and shall document or reference the specific information on which those findings are based in the court order. A court order that merely references this subdivision without documenting or referencing that specific information in the court order or an amended court order that retroactively corrects an earlier court order that does not comply with this subdivision is not sufficient to comply with this subdivision.
938.355(2)(b)6d.
6d. Except as provided in par.
(cd), if the juvenile is placed in a residential care center for children and youth, group home, or shelter care facility certified under s.
48.675, a finding as to each of the following, the answers to which do not affect whether the placement may be made, after considering the standardized assessment and the recommendation of the qualified individual who conducted the standardized assessment:
938.355(2)(b)6d.a.
a.
Whether the needs of the juvenile can be met through placement in a foster home.
938.355(2)(b)6d.b.
b.
Whether placement of the juvenile in a residential care center for children and youth, group home, or shelter care facility certified under s. 48.675 provides the most effective and appropriate level of care for the juvenile in the least restrictive environment.
938.355(2)(b)6d.c.
c.
Whether the placement is consistent with the short-term and long-term goals for the juvenile, as specified in the permanency plan.
938.355(2)(b)6g.
6g. If the juvenile is placed outside the home under the supervision of the county department, an order ordering the juvenile into the placement and care responsibility of the county department as required under
42 USC 672 (a) (2) and assigning the county department primary responsibility for providing services to the juvenile.
938.355(2)(b)6m.
6m. If the juvenile is placed outside the home in a placement under s.
938.34 (3) or
(4d) recommended by the agency designated under s.
938.33 (1), a statement that the court approves the placement recommended by the agency or, if the juvenile is placed outside the home in a placement other than a placement recommended by that agency, a statement that the court has given bona fide consideration to the recommendations made by the agency and all parties relating to the juvenile's placement.
938.355(2)(b)6n.
6n. If the juvenile is placed outside the home under s.
938.34 (4m), a statement that the court has given bona fide consideration to the recommendations made by the agency and all parties relating to the juvenile's placement.
938.355(2)(b)6p.
6p. If the juvenile is placed outside the home and if the juvenile has one or more siblings, as defined in s.
938.38 (4) (br) 1., who have also been placed outside the home, a finding as to whether the county department or the agency primarily responsible for providing services under a court order has made reasonable efforts to place the juvenile in a placement that enables the sibling group to remain together, unless the court determines that a joint placement would be contrary to the safety or well-being of the juvenile or any of those siblings, in which case the court shall order the county department or agency to make reasonable efforts to provide for frequent visitation or other ongoing interaction between the juvenile and the siblings, unless the court determines that such visitation or interaction would be contrary to the safety or well-being of the juvenile or any of those siblings.
938.355(2)(b)6r.
6r. If the court finds that any of the circumstances under sub.
(2d) (b) 1. to
4. applies with respect to a parent, a determination that the county department or agency primarily responsible for providing services under the court order is not required to make reasonable efforts with respect to the parent to make it possible for the juvenile to return safely to his or her home.
938.355(2)(b)6v.
6v. If the juvenile is an Indian juvenile who is in need of protection or services under s.
938.13 (4),
(6),
(6m), or
(7) and who is being removed from the home of his or her parent or Indian custodian and placed outside that home, a finding supported 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 a finding 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. The findings under this subdivision shall be in addition to the findings under subd.
6., 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 subdivision and the findings under subd.
6. shall be considered to be the same findings. The findings under this subdivision are not required if they were made in a previous order in the proceeding unless a change in circumstances warrants new findings.
938.355(2)(b)7.
7. A statement of the conditions with which the juvenile is required to comply.
938.355(2)(c)
(c) If school attendance is a condition of an order under par.
(b) 7., the order shall specify what constitutes a violation of the condition and shall direct the school board of the school district or the governing body of the private school in which the juvenile is enrolled, or shall request the governing body of the tribal school in which the juvenile is enrolled, to notify the county department that is responsible for supervising the juvenile within 5 days after any violation of the condition by the juvenile.
938.355(2)(cd)
(cd) If the results of the standardized assessment and recommendation of the qualified individual who conducted the standardized assessment are required but not available at the time of the order, the court shall defer making the findings under par.
(b) 6d. as provided in this paragraph. No later than 60 days after the date on which the placement was made, the court shall issue an order making the findings under par.
(b) 6d. 938.355(2)(cm)1.1. Subject to subd.
2., the court shall order the county department or the agency primarily responsible for providing services to the juvenile under the dispositional order to conduct a diligent search in order to locate and provide notice of the information specified in s.
938.21 (5) (e) 2. a. to
e. to all relatives of the juvenile named under s.
938.335 (6) and to all adult relatives, as defined in s.
938.21 (5) (e) 1., of the juvenile within 30 days after the juvenile is removed from the custody of the juvenile's parent unless the juvenile is returned to his or her home within that period. The court may also order the county department or agency to conduct a diligent search in order to locate and provide notice of that information to all other adult individuals named under s.
938.335 (6) within 30 days after the juvenile is removed from the custody of the juvenile's parent unless the juvenile is returned to his or her home within that period. The county department or agency may not provide that notice to a person named under s.
938.335 (6) or to an adult relative if the county department or agency has reason to believe that it would be dangerous to the juvenile or to the parent if the juvenile were placed with that person or adult relative.
938.355(2)(cm)2.
2. Subdivision
1. does not apply if the search required under subd.
1. was previously conducted and the notice required under subd.
1. was previously provided under s.
938.21 (5) (e) 2. 938.355(2)(d)
(d) The court shall provide a copy of the dispositional order to the juvenile's parent, guardian, legal custodian, or trustee and, if the juvenile is an Indian juvenile who has been removed from the home of his or her parent or Indian custodian and placed outside that home under s.
938.13 (4),
(6),
(6m), or
(7), to the Indian juvenile's Indian custodian and tribe.
938.355(2b)
(2b)
Concurrent reasonable efforts permitted. 938.355(2b)(a)
(a) In this subsection, “concurrent planning" means appropriate efforts to work simultaneously towards achieving more than one of the permanency goals listed in s.
938.38 (4) (fg) 1. to
5. for a juvenile who is placed in out-of-home care and for whom a permanency plan is required under s.
938.38 (2).
938.355(2b)(b)
(b) A county department or the agency primarily responsible for providing services to a juvenile under a court order shall determine, in accordance with standards established by the department, whether to engage in concurrent planning. If, according to those standards, concurrent planning is required, the county department or agency shall engage in concurrent planning unless the court or permanency review panel determines under s.
938.38 (5) (c) 5m. that concurrent planning is inappropriate.
938.355(2c)(a)
(a) When a court makes a finding under sub.
(2) (b) 6. as to whether a county department which provides social services or the agency primarily responsible for providing services to the juvenile under a court order has made reasonable efforts to prevent the removal of the juvenile from his or her home, while assuring that the juvenile's health and safety are the paramount concerns, the court's consideration of reasonable efforts shall include whether:
938.355(2c)(a)1.
1. A comprehensive assessment of the family's situation was completed, including a determination of the likelihood of protecting the juvenile's health, safety and welfare effectively in the home.
938.355(2c)(a)2.
2. Financial assistance, if applicable, was provided to the family.
938.355(2c)(a)3.
3. Services were offered or provided to the family, if applicable, and whether any assistance was provided to the family to enable the family to utilize the services. Examples of the types of services that may have been offered include:
938.355(2c)(a)3.c.
c. Community support services, such as child care, parenting skills training, housing assistance, employment training, and emergency mental health services.
938.355(2c)(a)4.
4. Monitoring of client progress and client participation in services was provided.
938.355(2c)(a)5.
5. A consideration of alternative ways of addressing the family's needs was provided, if services did not exist or existing services were not available to the family.
938.355(2c)(b)
(b) When a court makes a finding under sub.
(2) (b) 6. as to whether the county department or the agency primarily responsible for providing services to the juvenile under a court order has made reasonable efforts to achieve the permanency goal of the permanency plan, the court's consideration of reasonable efforts shall include the considerations under par.
(a) and whether visitation schedules between the juvenile and his or her parents were implemented, unless visitation was denied or limited by the court.
938.355(2d)(a)1.
1. “Aggravated circumstances" include abandonment in violation of s.
948.20 or in violation of the law of any other state or federal law if that violation would be a violation of s.
948.20 if committed in this state, torture, chronic abuse, and sexual abuse.
938.355(2d)(a)2.
2. “Sexual abuse" means a violation of s.
940.225,
944.30 (1m),
948.02,
948.025,
948.05,
948.055,
948.06,
948.085,
948.09 or
948.10 or a violation of the law of any other state or federal law if that violation would be a violation of s.
940.225,
944.30 (1m),
948.02,
948.025,
948.05,
948.055,
948.06,
948.085 (2),
948.09 or
948.10 if committed in this state.
938.355(2d)(b)
(b) Notwithstanding sub.
(2) (b) 6., the court is not required to include in a dispositional order a finding as to whether the county department or the agency primarily responsible for providing services under a court order has made reasonable efforts with respect to a parent of a juvenile to prevent the removal of the juvenile from the home, while assuring that the juvenile's health and safety are the paramount concerns, or, if applicable, a finding as to whether the county department or agency has made reasonable efforts with respect to a parent of a juvenile to achieve the permanency goal of returning the juvenile safely to his or her home, if the court finds any of the following:
938.355(2d)(b)1.
1. That the parent has subjected the juvenile to aggravated circumstances, as evidenced by a final judgment of conviction.
938.355(2d)(b)2.
2. That the parent has committed, has aided or abetted the commission of, or has solicited, conspired, or attempted to commit, a violation of s.
940.01,
940.02,
940.03, or
940.05 or a violation of the law of any other state or federal law, if that violation would be a violation of s.
940.01,
940.02,
940.03, or
940.05 if committed in this state, as evidenced by a final judgment of conviction, and that the victim of that violation is a child of the parent.
938.355(2d)(b)3.
3. That the parent has committed a violation of s.
940.19 (3), 1999 stats., or s.
940.19 (2),
(4), or
(5),
940.198 (2) (a) or
(3) (a),
940.225 (1) or
(2),
948.02 (1) or
(2),
948.025,
948.03 (2) (a),
(3) (a), or
(5) (a) 1.,
2., or
3., or
948.085 or a violation of the law of any other state or federal law, if that violation would be a violation of s.
940.19 (2),
(4), or
(5),
940.198 (2) (a) or
(3) (a),
940.225 (1) or
(2),
948.02 (1) or
(2),
948.025, or
948.03 (2) (a),
(3) (a), or
(5) (a) 1.,
2., or
3. if committed in this state, as evidenced by a final judgment of conviction, and that the violation resulted in great bodily harm, as defined in s.
939.22 (14), or in substantial bodily harm, as defined in s.
939.22 (38), to the juvenile or another child of the parent.
938.355(2d)(b)3m.
3m. That the parent has committed a violation of s.
948.051 or a violation of the law of any other state or federal law, if that violation would be a violation of s.
948.051 if committed in this state, as evidenced by a final judgment of conviction, and that the victim of that violation is a child of the parent.
938.355(2d)(b)4.
4. That the parental rights of the parent to another child have been involuntarily terminated, as evidenced by a final order of a court of competent jurisdiction terminating those parental rights.
938.355(2d)(bm)
(bm) The court shall make a finding specified in par.
(b) 1. to
4. 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 dispositional order. A dispositional order that merely references par.
(b) 1. to
4. without documenting or referencing that specific information in the dispositional order or an amended dispositional order that retroactively corrects an earlier dispositional order that does not comply with this paragraph is not sufficient to comply with this paragraph.
938.355(2d)(c)
(c) If the court finds that any of the circumstances under par.
(b) 1. to
4. applies with respect to a parent, the court shall hold a hearing under s.
938.38 (4m) within 30 days after the date of that finding to determine the permanency goal and, if applicable, any concurrent permanency goals for the juvenile.
938.355(2d)(d)
(d) This subsection does not affect the requirement under sub.
(2) (b) 6v. that the court include in a dispositional order removing an Indian juvenile who is in need of protection or services under s.
938.13 (4),
(6),
(6m), or
(7) from the home of his or her parent or Indian custodian and placing the juvenile outside that home a finding 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.
938.355(2e)
(2e)
Permanency plans; filing; amended orders; copies. 938.355(2e)(a)(a) If a permanency plan has not been prepared at the time the dispositional order is entered, or if the court orders a disposition that is not consistent with the permanency plan, the agency responsible for preparing the plan shall prepare a permanency plan that is consistent with the order or revise the permanency plan to conform to the order and shall file the plan with the court within the time specified in s.
938.38 (3). A permanency plan filed under this paragraph shall be made a part of the dispositional order.
938.355(2e)(b)
(b) Each time a juvenile's placement is changed under s.
938.32 or
938.357, a trial reunification is ordered under s.
938.358, a consent decree is revised under s.
938.32, or a dispositional order is revised under s.
938.363 or extended under s.
938.365, the agency that prepared the permanency plan shall revise the plan to conform to the order and shall file a copy of the revised plan with the court. Each plan filed shall be made a part of the court order.
938.355(2e)(c)
(c) Either the court or the agency that prepared the permanency plan shall furnish a copy of the original plan and each revised plan to the juvenile's parent or guardian, to the juvenile or the juvenile's counsel or guardian ad litem and to the person representing the interests of the public.
938.355(2m)
(2m)
Transitional placements. The court order may include the name of transitional placements, but may not designate a specific time when transitions are to take place. The procedures of ss.
938.357 and
938.363 govern when those transitions take place. The court may place specific time limitations on interim arrangements made for the care of the juvenile pending the availability of the dispositional placement.
938.355(3)(a)(a) Except as provided in par.
(b), if, after a hearing on the issue with due notice to the parent or guardian, the court finds that it would be in the best interest of the juvenile, the court may set reasonable rules of parental visitation.
938.355(3)(b)1.1. Except as provided in subd.
2., the court may not grant visitation under par.
(a) to a parent of a juvenile if the parent has been convicted of the homicide of the juvenile's other parent under s.
940.01 or
940.05, and the conviction has not been reversed, set aside, or vacated.
938.355(3)(b)1m.
1m. Except as provided in subd.
2., if a parent who is granted visitation rights with a juvenile under par.
(a) is convicted of the homicide of the juvenile's other parent under s.
940.01 or
940.05, and the conviction has not been reversed, set aside, or vacated, the court shall issue an order prohibiting the parent from having visitation with the juvenile on petition of the juvenile, the guardian or legal custodian of the juvenile, a person or agency bound by the dispositional order, or the district attorney or corporation counsel of the county in which the dispositional order was entered, or on the court's own motion, and on notice to the parent.
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, in the home of like-kin, 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:
Effective date note
NOTE: Par. (am) (intro.) is shown as amended by
2023 Wis. Act 119 eff. 7-1-25 or on the date specified in the Department of Children and Families notice published in the Wisconsin Administrative Register under
2023 Wis. Act 119, section
122 (1), whichever is earlier. Prior to that date par. (am) (intro.) reads:
Effective date text
(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.
938.355(6g)(b)4.
4. That the court has considered less restrictive alternatives and found them to be ineffective.
938.355(6g)(c)
(c) 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(6m)
(6m)
Sanctions for violation of order: truancy or habitual truancy. 938.355(6m)(a)
(a)
Violation of habitual truancy order. If the court finds by a preponderance of the evidence that a juvenile who has been found to have violated a municipal ordinance enacted under s.
118.163 (2) or who has been found to be in need of protection or services under s.
938.13 (6) has violated a condition specified under sub.
(2) (b) 7., the court may order as a sanction any combination of the sanctions under subds.
1g. to
4. and the dispositions under s.
938.342 (1g) (d) to
(j) and
(1m), regardless of whether the disposition was imposed in the order violated by the juvenile. A sanction may be imposed under this paragraph only if at the dispositional hearing under s.
938.335 the court explained those conditions to the juvenile and informed the juvenile of the possible sanctions under this paragraph 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 court may not impose a sanction under this paragraph on a juvenile who is subject to an order under this section or s.
938.357 or
938.365 that terminates as provided in sub.
(4) (am) 4. or s.
938.357 (6) (a) 4. or
938.365 (5) (b) 4. The court may order as a sanction under this paragraph any of the following:
938.355(6m)(a)1g.
1g. 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. The use of placement in a juvenile detention facility or in a juvenile portion of a county jail as a sanction under this subdivision 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 a sanction. 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(6m)(a)1m.
1m. Suspension 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 not more than one year. 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 or limitation 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 a juvenile's operating privilege 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 a notice stating the reason for and the duration of the suspension, together with any approval of which the court takes possession.
938.355(6m)(a)2.
2. Counseling or participation for not more than 25 hours in a supervised work program or other community service work under s.
938.34 (5g).
938.355(6m)(a)3.
3. Detention in the juvenile's home or current residence for a period of not more than 30 days except during hours in which the juvenile is attending religious worship or a school program, including travel time required to get to and from the place of worship or school program. The order may permit a juvenile to leave his or her home or current residence if he or she is accompanied by a parent or guardian.
938.355(6m)(a)4.
4. 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
2. and s.
938.34 (5g) apply to any community service work performed by a juvenile under this subdivision.
938.355(6m)(ag)
(ag)
Violation of truancy order. If the court finds by a preponderance of the evidence that a juvenile who has been found to have violated a municipal ordinance enacted under s.
118.163 (1m) has violated a condition specified under sub.
(2) (b) 7., the court may order as a sanction any combination of the operating privilege suspension specified in par.
(a) and the dispositions specified in s.
938.342 (1g) (b) to
(k) and
(1m), regardless of whether the disposition was imposed in the order violated by the juvenile. A sanction may be imposed under this paragraph only if at the dispositional hearing under s.
938.335 the court explained those conditions to the juvenile and informed the juvenile of the possible sanctions under this paragraph 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.
938.355(6m)(am)1.1. If a juvenile who has violated a municipal ordinance enacted under s.
118.163 (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 specified in par.
(a) 1g. 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 that possible sanction 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 sanction and that he or she understands those conditions and that possible sanction. 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(6m)(am)2.
2. If the court assigned to exercise jurisdiction under this chapter and ch.
48 imposes the sanction under par.
(a) 1g. on a petition under 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.
(a) 1g. 938.355(6m)(b)
(b)
Motion for sanction. A motion for the imposition of a sanction under par.
(a) or
(ag) may be brought by the person or agency primarily responsible for providing dispositional services to the juvenile, the district attorney, the 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.
938.355(6m)(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 (6) or who has been adjudged to have violated an ordinance enacted under s.
118.163 (2), and if the motion is seeking removal of the juvenile from the home of his or her parent or Indian custodian and placement in a place of nonsecure custody specified in par.
(a) 1g., 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(6m)(c)
(c)
Sanction hearing. Before imposing a sanction under par.
(a) or
(ag), the court shall hold a hearing at which the juvenile is entitled to be represented by legal counsel and to present evidence. Except as provided in par.
(bm), the hearing shall be held within 15 days after the filing of a motion under par.
(b).
938.355(6m)(cm)
(cm)
Reasonable efforts finding. The court may not order the sanction of placement in a place of nonsecure custody under par.
(a) 1g. 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. 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(6m)(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 (6) or who has been adjudged to have violated an ordinance enacted under s.
118.163 (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.
(a) 1g., 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(7)
(7)
Orders applicable to parents, guardians, legal custodians, and other adults. In addition to any dispositional order entered under s.
938.34 or
938.345, the court may enter an order applicable to a juvenile's parent, guardian, or legal custodian or to another adult, as provided under s.
938.45.
938.355 History
History: 1995 a. 77,
352;
1997 a. 27,
35,
205,
237,
239,
252;
1999 a. 9,
32,
103;
2001 a. 16,
69,
109;
2003 a. 50;
2005 a. 277,
344;
2007 a. 20,
97;
2009 a. 28,
79,
94,
103,
180,
185,
302;
2011 a. 181,
258;
2013 a. 165,
334,
362;
2015 a. 55,
80;
2015 a. 195 ss.
64,
83;
2015 a. 366,
367,
373;
2017 a. 366;
2019 a. 8;
2021 a. 42,
76;
2023 a. 119.
938.355 Annotation
Mandatory time limits affect the trial court's competency to act, but an objection must be raised before the trial court to avoid waiver. In Interest of L.M.C.,
146 Wis. 2d 377,
430 N.W.2d 352 (Ct. App. 1988).
938.355 Annotation
Section 118.16 (5) does not limit a court's discretion in setting school attendance requirements in a dispositional order for a delinquent juvenile and in imposing sanctions when the order is violated. By its terms, s. 118.16 (5) is limited to children who are in need of protection and services as a result of being habitual truants. State v. Jason R.N.,
201 Wis. 2d 646,
549 N.W.2d 752 (Ct. App. 1996),
95-1728.
938.355 Annotation
There is no requirement that the court apply the sanctions in sub. (6) (d) in graduated order of severity. Sanctions are solely within the discretion of the court. State v. Jason R.N.,
201 Wis. 2d 646,
549 N.W.2d 752 (Ct. App. 1996),
95-1728.
938.355 Annotation
Sanctions for a violation of a dispositional order by a delinquent were found to not be punitive for purposes of double jeopardy. Craig S.G. v. State,
209 Wis. 2d 65,
561 N.W.2d 807 (Ct. App. 1997),
96-0761.
938.355 Note
NOTE: The above annotations cite to s. 48.355, the predecessor statute to s. 938.355.
938.355 Annotation
All juveniles who violate a condition of a dispositional order are subject to sanctions under sub. (6) (d), but the restrictions that may be imposed on habitual truants are limited by sub. (6m). Under sub. (6g), no juvenile can be charged with contempt of court for the first violation of a dispositional order. State v. Aaron D.,
214 Wis. 2d 56,
571 N.W.2d 399 (Ct. App. 1997),
97-0806.
938.355 Annotation
The one-year limitation in sub. (4) is not limited to the original dispositional order but also applies to subsequent proceedings in the case including revisions of the dispositional order. State v. Kendall G.,
2001 WI App 95,
243 Wis. 2d 67,
625 N.W.2d 918,
00-3240.
938.355 Annotation
Sub. (6) (a) requires that the court assure that the juvenile has the ability to comprehend the conditions of a dispositional order and potential sanctions whether informed of them at the dispositional hearing or a later time. Once the issue of the juvenile's ability to understand the conditions and sanctions is raised, the burden shifts to the prosecution to establish that the juvenile is capable of understanding the court's warnings. State v. Eugene W.,
2002 WI App 54,
251 Wis. 2d 259,
641 N.W.2d 467,
01-2274.
938.355 Annotation
The focus of sub. (4) (a) is not on the juvenile's seventeenth birthday. The critical phrase is “original dispositional order." There is a critical distinction between an original dispositional order and an extended or revised dispositional order. State v. Terry T.,
2003 WI App 21,
259 Wis. 2d 339,
657 N.W.2d 97,
02-2502.
938.355 Annotation
Sub. (6) (d) recognizes that multiple conditions may be violated in any one incident but only allows one sanction per incident, not per condition violation. What constitutes an incident is determined by whether the juvenile's course of conduct is marked by different and distinct volitional acts in between which the juvenile had sufficient time to reflect and choose to commit himself or herself to a particular act. State v. Ellis H.,
2004 WI App 123,
274 Wis. 2d 703,
684 N.W.2d 157,
03-3178.
938.355 Annotation
Section 938.355 provides a variety of sanctions for juveniles who have violated their dispositional orders. Section 938.357 enumerates the ways in which a juvenile's placement may be changed. Nothing in either statute indicates that it is to be the exclusive mechanism for violation of a disposition order. Section 938.34 (16) specifically allows an alternative procedure for dealing with violations of a disposition order when part of the disposition is imposed and stayed. State v. Richard J.D.,
2006 WI App 242,
297 Wis. 2d 20,
724 N.W.2d 665,
06-0555.
938.355 Annotation
A circuit court judge hearing a municipal truancy case is acting as a juvenile court and the case is governed by ch. 938. The court lacks statutory authority to order sanctions if the court never enters written dispositional orders that could serve as a basis for sanctions. Under sub. (6m) (ag), a court may sanction a juvenile who has been adjudicated truant if it finds by a preponderance of the evidence that the juvenile violated a condition of a dispositional order. Sub. (2) (b) states that the dispositional order shall be in writing. A court's minutes sheet is not a court order. A court order must be signed by a judge. State v. Dylan S.,
2012 WI App 25,
339 Wis. 2d 442,
813 N.W.2d 229,
11-1338.
938.355 Annotation
The word “day” in sub. (6) (d) 1. means a calendar day and not a series of hours. Under the common law rule that fractions of days are not recognized when a time period is framed in terms of “days,” neither a juvenile's entering custody nor being released are events tied to a particular hour or minute of a day. These events are deemed to have occurred on the first and last days of the sanction. State v. A.A.,
2020 WI App 11,
391 Wis. 2d 416,
941 N.W.2d 260,
18-1497.
