Wis. Stat. § 938.255


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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