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Wis. Stat.
§ 938.255
This document has been updated.
Wisconsin Statutes
Crimes
Chapter
938. Juvenile Justice Code
Subchapter
V. Procedure
§ 938.255. Petition;
form and content
(1) A petition initiating proceedings under this chapter, other than a
petition initiating proceedings under s. 938.12, 938.125 or 938.13(12),
shall be entitled, "In the interest of (juvenile's name), a person
under the age of 18". A petition initiating proceedings under s.
938.12, 938.125 or 938.13(12) shall be entitled, "In the interest
of (juvenile's name), a person under the age of 17". A petition initiating
proceedings under this chapter shall set forth with specificity all of
the following:
(a)
The name, birth date and address of the juvenile.
(b)
The names and addresses of the juvenile's parent, guardian, legal custodian
or spouse, if any; or if no such person can be identified, the name and
address of the nearest relative.
(c)
Whether the juvenile is in custody, and, if so, the place where the juvenile
is being held and the time he or she was taken into custody unless there
is reasonable cause to believe that such disclosure would result in imminent
danger to the juvenile or physical custodian.
(cm)
If the petition is initiating proceedings other than proceedings under
s. 938.12, 938.125 or 938.13(12), whether the juvenile may be subject
to the federal Indian child welfare act, 25 USC 1901 to 1963.
(cr)1.
If the petition is initiating proceedings under s. 938.12 or 938.13(12)
and all of the following circumstances apply, a statement to that effect:
a.
The juvenile is an American Indian.
b.
At the time of the alleged delinquent act, the juvenile was under an order
of a tribe's court, other than a tribal court order relating to adoption,
physical placement or visitation with the juvenile's parent, or permanent
guardianship.
c.
At the time of the delinquent act the juvenile was physically outside
the boundaries of that tribe's reservation and any off-reservation trust
land of either that tribe or a member of that tribe as a direct consequence
of a tribal court order under subd. 1. b., including a tribal court order
placing the juvenile in the home of a relative of the juvenile who on
or after the date of the tribal court order resides physically outside
the boundaries of a reservation and off-reservation trust land.
2.
If the statement under subd. 1. is included in the petition and if the
intake worker, district attorney, or corporation counsel has been notified
by an official of the tribe that a petition relating to the delinquent
act has been or may be filed in tribal court with respect to the alleged
delinquent act, a statement to that effect.
(d)
If violation of a criminal statute, an ordinance or another law is alleged,
the citation to the appropriate law or ordinance as well as facts sufficient
to establish probable cause that an offense has been committed and that
the juvenile named in the petition committed the offense.
(e)
If the juvenile is alleged to come within the provisions of s. 938.13(4),
(6), (6m), (7) or (14) or 938.14, reliable and credible information which
forms the basis of the allegations necessary to invoke the jurisdiction
of the court and to provide reasonable notice of the conduct or circumstances
to be considered by the court together with a statement
that the juvenile is in need of supervision, services, care or rehabilitation.
(f)
If the juvenile is being held in custody outside of his or her home, reliable
and credible information showing that continued placement of the juvenile
in his or her home would be contrary to the welfare of the juvenile and,
unless any of the circumstances specified in s. 938.355(2d)(b)1. to 4.
applies, reliable and credible information showing that the person who
took the juvenile into custody and the intake worker have 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, and
to make it possible for the juvenile to return safely home.
(2)
If any of the facts in sub. (1)(a) to (cr) and (f) are not known or cannot
be ascertained by the petitioner, the petition shall so state.
(3)
If the information required under sub. (1)(d) or (e) is not stated the
petition
shall be dismissed or amended under s. 938.263(2).
(4)
A copy of the petition shall be given to the juvenile and to the parents,
guardian, legal custodian and physical custodian.
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