|
Wis. Stat.
§ 938.355
This document has been updated.
Wisconsin Statutes
Crimes
Chapter
938. Juvenile Justice Code
Subchapter
VI. Disposition
§ 938.355. Dispositional
orders
(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 specified
in s. 938.01. If the judge 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 secured correctional facility, a secured child caring institution,
or a secured group home 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.
(2)
Content of order; copy to parent.
(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.
(b)
The court order shall be in writing and shall contain:
1.
The specific services or continuum of services to be provided to the juvenile
and family, the identity of the agencies which are to be primarily responsible
for the provision of the services mandated by the court, the identity
of the person or agency who will provide case management or coordination
of services, if any, and, if custody is to be transferred to effect
the treatment plan, the identity of the legal custodian.
1m.
A notice that the juvenile's parent, guardian or legal custodian or the
juvenile, if 14 years of age or over, 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).
2.
If the juvenile is placed outside the home, 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 or treatment
foster home and the name and address of the foster parent or treatment
foster parent is not available at the time of the order, the name and
address of the foster parent or treatment foster parent shall be furnished
to the court and the parent within 21 days of 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 or treatment foster
parent would result in imminent
danger to the juvenile, the foster parent or the treatment foster parent,
the court may order the name and address of the prospective foster parents
or treatment foster parents withheld from the parent or guardian.
3.
The date of the expiration of the court's order.
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.
4m.
If the juvenile is placed outside the home and if the juvenile's parent
has not already provided a statement of income, assets, debts and living
expenses 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 that form. The county department
shall use the information provided 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.
5.
For a juvenile placed outside his or her home pursuant to an order under
s. 938.34(3) or 938.345, a permanency plan under s. 938.38 if one has
been prepared.
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 specified in sub. (2d)(b)1.
to 4. applies, and a finding as to whether the county department or agency
has made reasonable efforts to achieve the goal of the juvenile's permanency
plan, unless return of the juvenile to the home is the goal of the permanency
plan and the court finds that any of the circumstances specified in sub.
(2d)(b)1. to 4. applies. 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.
6m.
If the juvenile is placed outside the home in a placement 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.
6r.
If the court finds that any of the circumstances specified in 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.
7.
A statement of the conditions with which the juvenile is required to comply.
(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 to notify the county department
that is responsible for supervising the juvenile within 5 days after any
violation of the condition by the juvenile.
(d)
The court shall provide a copy of the dispositional order to the juvenile's
parent, guardian or trustee.
(2b)
Concurrent reasonable efforts permitted.
A county department or the agency primarily responsible for providing
services to a juvenile under a court order may, at the same time as the
county department or agency is making the reasonable efforts required
under sub. (2)(b)6. to prevent the removal of the juvenile from the home
or to make it possible for the juvenile to return safely to his or her
home, work with the department of health and family services, a county
department under s. 48.57(1)(e) or (hm), or a child welfare agency licensed
under s. 48.61(5) in making reasonable efforts to place the juvenile for
adoption, with a guardian, with a fit and willing relative, or in some
other alternative permanent placement.
(2c)
Reasonable efforts standards.
(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, but not be limited to, whether:
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.
2.
Financial assistance, if applicable, was provided to the family.
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:
a.
In-home support services, such as homemakers and parent aides.
b.
In-home intensive treatment services.
c.
Community support services, such as day care, parenting skills training,
housing assistance, employment training and emergency mental health services.
d.
Specialized services for family members with special needs.
4.
Monitoring of client progress and client participation in services was
provided.
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.
(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 goal of the permanency plan, the court's consideration of reasonable
efforts shall include the considerations listed under par. (a)1. to 5.
and whether visitation schedules between the juvenile and his or her parents
were implemented, unless visitation was denied or limited by the court.
(2d)
Reasonable efforts not required.
(a) In this subsection:
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.
2.
"Sexual abuse" means a violation of s. 940.225, 944.30, 948.02,
948.025, 948.05, 948.055, 948.06, 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, 948.02, 948.025, 948.05, 948.055, 948.06, 948.09
or 948.10 if committed in this state.
(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 plan goal of returning
the juvenile safely to his or her home, if the court finds any of the
following:
1.
That the parent has subjected the juvenile to aggravated circumstances,
as evidenced by a final judgment of conviction.
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.
3.
That the parent has committed a violation of s. 940.19(3), 1999 stats.,
or s. 940.19(2), (4), or (5), 940.225(1) or (2), 948.02(1)
or (2), 948.025, or 948.03(2)(a) or (3)(a) 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), 940.225(1) or (2), 948.02(1) or (2), 948.025,
or 948.03(2)(a) or (3)(a) 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.
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.
(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.
(c)1.
If the court finds that any of the circumstances specified in par. (b)1.
to 4. applies with respect to a parent, the court shall hold a hearing
within 30 days after the date of that finding to determine the permanency
plan for the juvenile. If a hearing is held under this subdivision, the
agency responsible for preparing the permanency plan shall file the permanency
plan with the court not less than 5 days before the date of the hearing.
2.
If a hearing is held under subd. 1, at least 10 days before the date of
the hearing the court shall notify the juvenile, any parent, guardian,
and legal custodian of the juvenile, and any foster parent, treatment
foster parent, or other physical custodian described in s. 48.62(2) of
the juvenile of the time, place, and purpose of the hearing.
3.
The court shall give a foster parent, treatment foster parent, or other
physical custodian described in s. 48.62(2) who is notified of a hearing
under subd. 2. an opportunity to be heard at the hearing by permitting
the foster parent, treatment foster parent, or other physical custodian
to make a written or oral statement during the hearing, or to submit a
written statement prior to the hearing, relevant to the issues to be determined
at the hearing. A foster parent, treatment foster parent, or other physical
custodian who receives a notice of a hearing under subd. 2. and an opportunity
to be heard under this subdivision does not become a party to the proceeding
on which the hearing is held solely on the basis of receiving that notice
and opportunity to be heard.
(2e)
Permanency plans; filing; amended orders; copies.
(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.
(b)
Each time a juvenile's placement is changed under s. 938.357 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 under this paragraph shall be made a part of the court order.
(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.
(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 shall govern when such transitions
take place. The court, however, may place specific
time limitations on interim arrangements made for the care of the juvenile
pending the availability of the dispositional placement.
(3)
Parental visitation.
(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.
(b)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 under
s. 940.01 of the first-degree intentional homicide, or under s. 940.05
of the 2nd-degree intentional homicide, of the juvenile's other parent,
and the conviction has not been reversed, set aside or vacated.
1m.
Except as provided in subd. 2., if a parent who is granted visitation
rights with a juvenile under par. (a) is convicted under s. 940.01 of
the first-degree intentional homicide, or under s. 940.05 of the 2nd-degree
intentional
homicide, of the juvenile's other parent, 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.
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.
(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.
(4)
Termination of orders.
(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 reaches 18 years
of age that places or continues the placement of the juvenile in his or
her home shall terminate at the end of one year after its entry unless
the court specifies a shorter period of time or the court terminates the
order sooner. 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 reaches
18 years of age that places or continues the placement of the juvenile
in a foster home, treatment foster home, group home, or residential care
center for children and youth or in the home of a relative other than
a parent shall terminate when the juvenile reaches 18 years of age, at
the end of one year after its entry, or, 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 reaching 19
years of age, when the juvenile reaches 19 years of age, whichever is
later, unless the court specifies a shorter period of time or the court
terminates the order sooner.
(b)
Except as provided in s. 938.368, an order under s. 938.34(4d) or (4m)
made before the juvenile reaches 18 years of age may apply for up to 2
years after its entry 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. Except as provided in s. 938.368, an
order under s. 938.34(4h) made before the juvenile reaches 18 years of
age shall apply for 5 years after its entry, 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 reaches 17 years of age shall terminate
at the end of one year after its entry 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.
(4m)
Expungement of record.
(a) A juvenile who has been adjudged delinquent 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 court's record
of the juvenile's adjudication 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 and society will not be harmed
by the expungement.
(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), 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)(a), the court shall notify the department
promptly of any expungement under this paragraph.
(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.
(6)
Sanctions for violation of order.
(a) 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) if,
at the dispositional hearing under s. 938.335, the court explained the
conditions 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. 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 specified in par. (d), other
than placement in a secure detention facility or juvenile portion of a
county jail, if, at the dispositional hearing under s. 938.335, the court
explained the conditions 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.
(cm)
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. The court shall make the findings
specified in 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.
(an)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 specified in par. (d)1. or the
sanction specified in par. (d)3., with monitoring by an electronic monitoring
system, 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 1911 to 1963.
2.
If the court assigned to exercise jurisdiction under this chapter and
ch. 48 imposes the sanction specified in par. (d)1. or home detention
with monitoring by an electronic monitoring system as specified in par.
(d)3., on a petition described in subd. 1., that 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.
(b)
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 1911 to
1963.
(c)
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.
(d)
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:
1.
Placement of the juvenile in a secure detention facility or juvenile portion
of a county jail that meets the standards promulgated by the department
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.
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 that the operator's license would otherwise be reinstated
or issued after the juvenile applies and qualifies for issuance or 2 years
after the date of the order issued under this subdivision, whichever occurs
first. 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 license or approval and forward it to the department
that issued it, together with the notice of suspension.
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.
4.
Not more than 25 hours of uncompensated participation in a supervised
work program or other community service work under s. 938.34(5g).
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.
(e)
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.
(6d)
Short-term detention.
(a) Violation
of delinquency order.
1. Notwithstanding ss. 938.19 to 938.21, but subject to any general written
policies adopted by the court under s. 938.06(1) or (2) and to any policies
adopted by the county board relating to the taking into custody and placement
of a juvenile under this subdivision, 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 secure detention facility or juvenile portion of a county jail that
meets the standards promulgated by the department 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, if at the dispositional hearing the court
explained those conditions to the juvenile and informed the juvenile of
the possibility of that 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.
2.
Notwithstanding ss. 938.19 to 938.21, but subject to any general written
policies adopted by the court under s. 938.06(1) or (2) and to any policies
adopted by the county board relating to the taking into custody and placement
of a juvenile under this subdivision, 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 secure detention facility or juvenile portion of a county jail that
meets the standards promulgated by the department 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, if at the dispositional hearing the
court explained those conditions to the juvenile and informed the juvenile
of the possibility of that 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. 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 shall either approve the placement or
order the juvenile to be released from custody.
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).
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.
(b)
Violation of
condition of county aftercare supervision.
1. Notwithstanding ss. 938.19 to 938.21, but subject to any general written
policies adopted by the court under s. 938.06(1) or (2), to any policies
adopted by the county department relating to aftercare supervision administered
by the county department and to any policies adopted by the county board
relating to the taking into custody and placement of a juvenile under
this subdivision, if a juvenile who is on aftercare supervision administered
by the county
department 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 secure detention
facility or juvenile portion of a county jail that meets the standards
promulgated by the department 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, 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.
2.
Notwithstanding ss. 938.19 to 938.21, but subject to any general written
policies adopted by the court under s. 938.06(1) or (2), to any policies
adopted by the county department relating to aftercare supervision administered
by the county department and to any policies adopted by the county board
relating to the taking into custody and placement of a juvenile under
this subdivision, if a juvenile who is on aftercare supervision administered
by the
county department 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 secure detention facility or juvenile portion of a county jail that
meets the standards promulgated by the department 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, if at the dispositional hearing the
court explained those conditions to the juvenile and informed the juvenile
of the possibility of that 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. 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 shall either approve the placement
of the juvenile or order the juvenile to be released from custody.
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).
4.
Subject to par. (d), subds. 1. and 2. do not preclude a juvenile who has
violated a condition of aftercare supervision administered by a county
department from being taken into and held in custody under ss. 938.19
to 938.21.
(c)
Violation of
protection or services order.
1. Notwithstanding ss. 938.19 to 938.21, but subject to any general written
policies adopted by the court under s. 938.06(1) or (2) and to any policies
adopted by the county board relating to the taking into custody and placement
of a juvenile under this subdivision, 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 in-take 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,
if at the dispositional hearing the court explained those conditions to
the juvenile and informed the juvenile of the possibility of that 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.
2.
Notwithstanding ss. 938.19 to 938.21, but subject to any general written
policies adopted by the court under s. 938.06(1) or (2) and to any policies
adopted by the county board relating to the taking into custody and placement
of a juvenile under this subdivision, 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, if at the dispositional hearing the court explained
those conditions to the juvenile and informed the juvenile of the possibility
of that 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. 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 shall either approve the placement or order the juvenile
to be released from custody.
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).
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.
(d)
Hearing; when
required. If
a juvenile is held under par. (a), (b) or (c) in a secure 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 for a hearing under s. 938.21 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 rather than a petition under s. 938.25.
(e)
County board
authorization required.
The use of placement in a secure 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.
(6g)
Contempt for continued violation of order.
(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 disposition under s. 938.34 sought to be imposed. The
district attorney may bring the motion 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 brings the motion 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 any hearing on the contempt petition.
(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 only if the court makes all of
the following findings:
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.
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.
3.
That the violation is egregious.
4.
That the court has considered less restrictive alternatives and found
them to be ineffective.
(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.
(6m)
Sanctions for violation of order: truancy or habitual truancy.
(a) 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 specified
in subds.1g. to 4. and the dispositions specified in s. 938.342(1g)(d)
to (j) and (1m),
regardless of whether the disposition was imposed in the order violated
by the juvenile, 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 order as a sanction under this paragraph any
of the following:
1g.
Placement of the juvenile in a secure detention facility or juvenile portion
of a county jail that meets the standards promulgated by the department
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 secure 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.
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 that the operator's license would otherwise be reinstated
or issued after the juvenile applies and qualifies for issuance or 2 years
after the date of the order issued under this subdivision, whichever occurs
first. 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 license or approval and forward it to the department that issued
the license or approval with a notice stating the reason for and the duration
of the suspension.
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).
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.
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.
(ag)
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, 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.
(am)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. if, at the time of the judgment
the municipal court explained the conditions to the juvenile and informed
the juvenile
of that possible sanction 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 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 1911 to 1963.
2.
If the court assigned to exercise jurisdiction under this chapter and
ch. 48 imposes the sanction specified in par. (a)1g. on a petition described
in subd. 1., that 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.
(b)
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.
(c)
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. The hearing shall be held within 15 days
after the filing of a motion under par. (b).
(cm)
The court may not order the sanction of placement in a place of nonsecure
custody specified in 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
specified in 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.
(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.
|