reglab/statecodes huggingface dataset:
2023 Wisconsin Statutes & Annotations › Chapter 938 - Juvenile justice code. › 938.135 - Referral of juveniles to proceedings under ch. 51 or 55.

938.135
Referral of juveniles to proceedings under ch. 51 or 55.
(1)
Juvenile with developmental disability, mental illness, or alcohol or drug dependency. If a juvenile alleged to be delinquent or in need of protection or services is before the court and appears to have a developmental disability or mental illness or to be drug dependent or suffering from alcoholism, the court may proceed under ch. 51 or 55.
(2)
Admissions, placements, and commitments to inpatient facilities. Any voluntary or involuntary admissions, placements, or commitments of a juvenile made in or to an inpatient facility, as defined in s. 51.01 (10), other than a commitment under s. 938.34 (6) (am), are governed by ch. 51 or 55.
History:  1995 a. 77; 2005 a. 344.
2023 Wisconsin Statutes & Annotations › Chapter 938 - Juvenile justice code. › 938.14 - Jurisdiction over interstate compact proceedings.

938.14
Jurisdiction over interstate compact proceedings.
The court has exclusive jurisdiction over proceedings under the Interstate Compact for Juveniles under s. 938.999.
History:  1995 a. 77; 2005 a. 234; 2015 a. 159.
2023 Wisconsin Statutes & Annotations › Chapter 938 - Juvenile justice code. › 938.15 - Jurisdiction of other courts to determine legal custody.

938.15
Jurisdiction of other courts to determine legal custody.
Except as provided in s. 938.028 (3), nothing in this chapter deprives another court of the right to determine the legal custody of a juvenile by habeas corpus or to determine the legal custody or guardianship of a juvenile if the legal custody or guardianship is incidental to the determination of an action pending in that court. Except as provided in s. 938.028 (3), the jurisdiction of the court assigned to exercise jurisdiction under this chapter and ch. 48 is paramount in all cases involving juveniles alleged to come within the provisions of ss. 938.12 to 938.14.
History:  1995 a. 77; 2005 a. 344; 2009 a. 94.
2023 Wisconsin Statutes & Annotations › Chapter 938 - Juvenile justice code. › 938.195 - Recording custodial interrogations.

938.195
Recording custodial interrogations.
(1)
Definitions. In this section:
(a)
“Custodial interrogation" has the meaning given in s. 968.073 (1) (a).
(b)
“Law enforcement agency" has the meaning given in s. 165.83 (1) (b).
(c)
“Place of detention" means a juvenile detention facility, jail, municipal lockup facility, or juvenile correctional facility, or a police or sheriff's office or other building under the control of a law enforcement agency, at which juveniles are held in custody in connection with an investigation of a delinquent act.
(2)
When required.
(a)
A law enforcement agency shall make an audio or audio and visual recording of any custodial interrogation of a juvenile that is conducted at a place of detention unless a condition under s. 938.31 (3) (c) 1. to 5. applies.
(b)
If feasible, a law enforcement agency shall make an audio or audio and visual recording of any custodial interrogation of a juvenile that is conducted at a place other than a place of detention unless a condition under s. 938.31 (3) (c) 1. to 5. applies.
(3)
Notice not required. A law enforcement officer or agent of a law enforcement agency conducting a custodial interrogation is not required to inform the subject of the interrogation that the officer or agent is making an audio or audio and visual recording of the interrogation.
History:  2005 a. 60; 2007 a. 97; 2013 a. 168 s. 21.
It was a violation of this section for police to cease recording the custodial interrogation under the facts of this case. Nevertheless, the error, if any, in not suppressing some of the defendant's statements, was harmless. State v. Moore, 2015 WI 54, 363 Wis. 2d 376, 864 N.W.2d 827, 13-0127.
2023 Wisconsin Statutes & Annotations › Chapter 938 - Juvenile justice code. › 938.205 - Criteria for holding a juvenile in physical custody.

938.205
Criteria for holding a juvenile in physical custody.
(1)
Criteria. A juvenile may be held under s. 938.207, 938.208, or 938.209 (1) if the intake worker determines that there is probable cause to believe the juvenile is within the jurisdiction of the court and if probable cause exists to believe any of the following:
(a)
That the juvenile will commit injury to the person or property of others if not held.
(b)
That the parent, guardian, or legal custodian of the juvenile or other responsible adult is neglecting, refusing, unable, or unavailable to provide adequate supervision and care and that services to ensure the juvenile's safety and well-being are not available or would be inadequate.
(c)
That the juvenile will run away or be taken away so as to be unavailable for proceedings of the court or its officers, proceedings of the division of hearings and appeals in the department of administration for revocation of community supervision or aftercare supervision, or action by the department of corrections or county department relating to a violation of a condition of the juvenile's placement in a Type 2 juvenile correctional facility or a Type 2 residential care center for children and youth or a condition of the juvenile's participation in the intensive supervision program under s. 938.534.
(2)
Applicability. The criteria for holding a juvenile in custody under this section govern the decision of all persons responsible for determining whether the action is appropriate.
History:  1995 a. 77, 275; 1997 a. 35, 296; 1999 a. 32; 2001 a. 16; 2005 a. 344; 2015 a. 55.
2023 Wisconsin Statutes & Annotations › Chapter 938 - Juvenile justice code. › 938.209 - Criteria for holding a juvenile in a county jail or a municipal lockup facility.

938.209
Criteria for holding a juvenile in a county jail or a municipal lockup facility.
(1)
County jail. Subject to s. 938.208, a county jail may be used as a juvenile detention facility if the criteria under either par. (a) or (b) are met:
(a)
No other juvenile detention facility approved by the department of corrections or a county is available and all of the following conditions are met:
1.
The jail meets the standards for juvenile detention facilities established by the department of corrections.
2.
The juvenile is held in a room separated and removed from incarcerated adults.
3.
The juvenile is not held in a cell designed for the administrative or disciplinary segregation of adults.
4.
Adequate supervision is provided.
5.
The court reviews the status of the juvenile every 3 days.
(b)
The juvenile presents a substantial risk of physical harm to other persons in the juvenile detention facility, as evidenced by previous acts or attempts, which can only be avoided by transfer to the jail. The conditions of par. (a) 1. to 5. shall be met. The juvenile shall be given a hearing and may be transferred only upon a court order.
(2m)
Municipal lockup.
(a)
A juvenile who is alleged to have committed a delinquent act may be held in a municipal lockup facility if all of the following criteria are met:
1.
The department of corrections has approved the municipal lockup facility as a suitable place for holding juveniles in custody.
2.
The juvenile is held in the municipal lockup facility for not more than 6 hours while awaiting his or her hearing under s. 938.21 (1) (a).
3.
There is sight and sound separation between the juvenile and any adult who is being held in the municipal lockup facility.
4.
The juvenile is held for investigative purposes only.
(b)
The department of corrections shall promulgate rules establishing minimum requirements for the approval of a municipal lockup facility as a suitable place for holding juveniles in custody and for the operation of such a facility. The rules shall be designed to protect the health, safety, and welfare of the juveniles held in those facilities.
(3)
Juveniles under adult court jurisdiction. The restrictions of this section do not apply to the use of jail for a juvenile who has been waived to adult court under s. 938.18 or who is under the jurisdiction of an adult court under s. 938.183, unless the juvenile is under the jurisdiction of an adult court under s. 938.183 (1) and is under 15 years of age.
History:  1995 a. 77, 352; 1997 a. 35, 296; 2005 a. 344; 2007 a. 97; 2015 a. 55.
2023 Wisconsin Statutes & Annotations › Chapter 938 - Juvenile justice code. › 938.222 - Contracts with private entities for juvenile detention facility services.

938.222
Contracts with private entities for juvenile detention facility services.
(1)
Uses of facilities. The county board of supervisors of a county may contract with a private entity that operates a juvenile detention facility for the use of the facility to hold juveniles who meet the criteria under s. 48.208, 938.17 (1), 938.183 (1m) (a), or 938.208 or who are subject to a disposition under s. 938.17 (1) (b) or 938.34 (3) (f), a sanction under s. 938.355 (6) (d) 1., or short-term detention under s. 938.355 (6d) or 938.534 (1).
(2)
Contract requirements.
(a)
A contract under sub. (1) shall require all of the following:
1.
That the private juvenile detention facility meet or exceed the minimum requirements for the approval and operation of a juvenile detention facility established by the department of corrections by rule under s. 938.22 (2) (a) and that the private juvenile detention facility be approved by the department under s. 301.36.
2.
That the private juvenile detention facility provide educational programming, health care, and other care that is equivalent to that which a juvenile would receive in a public juvenile detention facility.
(b)
In addition to the requirements under par. (a), a contract under sub. (1) shall include all of the following:
1.
The rates to be paid by the county for holding a juvenile in the private juvenile detention facility and the charges to be paid by the county for any extraordinary medical and dental expenses and any programming provided for a juvenile who is held in the private juvenile detention facility.
2.
An agreement that the county retains jurisdiction over a juvenile who is held in the private juvenile detention facility.
3.
An agreement that the private juvenile detention facility is subject to investigation and inspection by the department of corrections under s. 301.36.
4.
Any other matters that are necessary and appropriate concerning the obligations, responsibilities, and rights of the contracting counties and the department of corrections.
History:  1997 a. 27; 2005 a. 344; 2007 a. 97; 2015 a. 55.
2023 Wisconsin Statutes & Annotations › Chapter 938 - Juvenile justice code. › 938.223 - Contracts with Minnesota counties for juvenile detention facility services.

938.223
Contracts with Minnesota counties for juvenile detention facility services.
(1)
Uses of facilities. The county board of supervisors of any county may contract with one or more counties in Minnesota that operate a juvenile detention facility for the use of one or more Minnesota juvenile detention facilities for the holding of juveniles who meet the criteria under s. 48.208, 938.17 (1), 938.183 (1m) (a), or 938.208 or who are subject to a disposition under s. 938.17 (1) (b) or 938.34 (3) (f), a sanction under s. 938.355 (6) (d) 1., or short-term detention under s. 938.355 (6d) or 938.534 (1).
(2)
Contract requirements.
(a)
A contract under sub. (1) shall require all of the following:
1.
That the Minnesota juvenile detention facility meet or exceed the minimum requirements for the approval and operation of a Wisconsin juvenile detention facility established by the department of corrections by rule under s. 938.22 (2) (a) and that the Minnesota juvenile detention facility be approved by the department under s. 301.36.
2.
That the Minnesota juvenile detention facility provide educational programming, health care, and other care that is equivalent to that which a juvenile would receive in a Wisconsin juvenile detention facility.
(b)
In addition to the requirements under par. (a), a contract under sub. (1) shall include all of the following:
1.
The rates to be paid by the Wisconsin county for holding a juvenile in the Minnesota juvenile detention facility and the charges to be paid by the Wisconsin county for any extraordinary medical and dental expenses and any programming provided for a juvenile who is held in the Minnesota juvenile detention facility.
2.
An agreement that the Wisconsin county retains jurisdiction over a juvenile who is held in the Minnesota juvenile detention facility.
3.
An agreement that the Minnesota juvenile detention facility is subject to investigation and inspection by the department of corrections under s. 301.36.
4.
Any other matters that are necessary and appropriate concerning the obligations, responsibilities, and rights of the contracting counties and the department of corrections.
(3)
Minnesota juveniles in Wisconsin facilities. The county board of supervisors of a county that operates a juvenile detention facility may contract with one or more counties in Minnesota for the use of the juvenile detention facility operated by the Wisconsin county for the holding of juveniles transferred to that juvenile detention facility by the Minnesota county.
History:  1995 a. 352; 1997 a. 27; 2005 a. 344; 2007 a. 97; 2015 a. 55.
2023 Wisconsin Statutes & Annotations › Chapter 938 - Juvenile justice code. › 938.224 - Contracts with department for juvenile detention facility services.

938.224
Contracts with department for juvenile detention facility services.
(1)
Uses of facilities. The county board of supervisors of a county may contract with the department of corrections for the use of a juvenile correctional facility operated by that department for the holding of juveniles who meet the criteria under s. 48.208, 938.17 (1), 938.183 (1m) (a), or 938.208 or who are subject to a disposition under s. 938.17 (1) (b) or 938.34 (3) (f), a sanction under s. 938.355 (6) (d) 1., or short-term detention under s. 938.355 (6d) or 938.534 (1).
(2)
Contract requirements. A contract under sub. (1) shall require all of the following:
(a)
That the county may use a juvenile correctional facility for holding a juvenile under sub. (1) only if any of the following criteria are met:
1.
There is no county-operated juvenile detention facility approved by the department of corrections within 40 miles of the county seat of the county.
2.
There is no bed space available in a county-operated juvenile detention facility approved by the department of corrections within 40 miles of the county seat of the county.
(b)
That the county may use a juvenile correctional facility for holding a juvenile under sub. (1) only if the department of corrections approves that use based on the availability of beds in the juvenile correctional facility and on the programming needs of the juvenile.
(3)
Additional requirements. In addition to the requirements under sub. (2), a contract under sub. (1) shall include all of the following:
(a)
The per person daily rate to be paid by the county for holding a juvenile under sub. (1) and the charges to be paid by the county for any extraordinary medical and dental expenses and any programming provided for the juvenile by the department of corrections.
(b)
Any other matters that are necessary and appropriate concerning the obligations, responsibilities, and rights of the contracting county and the department of corrections.
(4)
Supervision and control of juveniles. A juvenile held in custody under sub. (1) is under the supervision and control of the department of corrections and is subject to the rules and discipline of that department.
History:  1997 a. 27; 2005 a. 344; 2007 a. 97; 2015 a. 55.
2023 Wisconsin Statutes & Annotations › Chapter 938 - Juvenile justice code. › 938.225 - Statewide plan for juvenile detention and correctional facilities.

938.225
Statewide plan for juvenile detention and correctional facilities.
The department of corrections shall assist counties in establishing juvenile detention facilities and secured residential care centers for children and youth under s. 938.22 by developing and promulgating a statewide plan for the establishment and maintenance of suitable juvenile detention facilities reasonably accessible to each court and secured residential care centers for children and youth reasonably accessible to each county.
History:  1995 a. 77; 2007 a. 97; 2015 a. 55; 2017 a. 185.
2023 Wisconsin Statutes & Annotations › Chapter 938 - Juvenile justice code. › 938.237 - Civil law and ordinance proceedings initiated by citation in the court assigned to exercise jurisdiction under this chapter and ch. 48.

938.237
Civil law and ordinance proceedings initiated by citation in the court assigned to exercise jurisdiction under this chapter and ch. 48.
(1)
Citation form. The citation forms under s. 23.54, 66.0113, 778.25, 778.26 or 800.02 may be used to commence an action for a violation of civil laws and ordinances in the court.
(2)
Procedures. The procedures for issuance and filing of a citation, and for forfeitures, stipulations, and deposits in ss. 23.50 to 23.67, 23.75 (3) and (4), 66.0113, 778.25, 778.26, and 800.01 to 800.035 except s. 800.035 (7) (b), when the citation is issued by a law enforcement officer, shall be used as appropriate, except that this chapter shall govern taking and holding a juvenile in custody, s. 938.37 shall govern costs, fees, and surcharges imposed under ch. 814, and a capias shall be substituted for an arrest warrant. Sections 66.0113 (3) (c) and (d), 66.0114 (1), and 778.10 as they relate to collection of forfeitures do not apply.
(3)
Disposition. If a juvenile to whom a citation has been issued does not submit a deposit or a stipulation and deposit, the juvenile shall appear in the court for a plea hearing under s. 938.30 at the date, time and place for the court appearance specified on the citation. If the juvenile does not submit a stipulation and deposit or if the court refuses to accept a deposit unaccompanied by a stipulation, the juvenile may be summoned to appear and the procedures that govern petitions for civil law or ordinance violations under s. 938.125 shall govern all proceedings initiated by a citation, except that the citation shall not be referred to the court intake worker for an intake inquiry. If the court finds that a juvenile violated a municipal ordinance or a civil law punishable by a forfeiture under this section, the court shall enter a dispositional order under s. 938.344, if applicable, or if s. 938.344 does not apply, the court may enter any of the dispositional orders under s. 938.343.
History:  1995 a. 77; 1999 a. 150 s. 672; 2001 a. 30 s. 108; 2003 a. 139; 2005 a. 344; 2009 a. 402.
2023 Wisconsin Statutes & Annotations › Chapter 938 - Juvenile justice code. › 938.243 - Basic rights: duty of intake worker.

938.243
Basic rights: duty of intake worker.
(1)
Information to juvenile and parents; basic rights. Before conferring with the parent or juvenile during the intake inquiry, the intake worker shall personally inform a juvenile alleged to have committed a delinquent act, a juvenile 10 years of age or older who is the focus of an inquiry regarding the need for protection or services under s. 938.13 (4), (6), (6m), or (7), and the parents of those juveniles of all of the following:
(ag)
That the referral may result in a petition to the court.
(am)
What allegations may be in the petition to the court.
(b)
The nature and possible consequences of the proceedings including the provisions of ss. 938.17 and 938.18 if applicable.
(c)
The right to remain silent, the fact that in a delinquency proceeding the silence of the juvenile is not to be adversely considered by the court, and the fact that in a nondelinquency proceeding the silence of any party may be relevant in the proceeding.
(d)
The right to confront and cross-examine those appearing against them.
(e)
The right to counsel under s. 938.23.
(f)
The right to present and subpoena witnesses.
(h)
The right to have the allegations of the petition proved by clear and convincing evidence unless the juvenile is within the court's jurisdiction under s. 938.12 or 938.13 (12), in which case the standard of proof is beyond a reasonable doubt.
(1m)
Disclosure of information for use in civil damages action. If the juvenile who is the subject of the intake inquiry is alleged to have committed an act that resulted in personal injury or damage to or loss of the property of another, the intake worker shall inform the juvenile's parents in writing of all of the following:
(a)
The possibility of disclosure of the identity of the juvenile and the parents, of the juvenile's police records, and of the outcome of proceedings against the juvenile for use in civil actions for damages against the juvenile or the parents.
(b)
The parents' liability for acts of their juveniles.
(3)
Information when juvenile not at intake conference or has not had custody hearing. If the juvenile has not had a hearing under s. 938.21 and was not present at an intake conference under s. 938.24, the intake worker shall notify the juvenile, parent, guardian, and legal custodian as appropriate of their basic rights under this section. The notice shall be given verbally, either in person or by telephone, and in writing. The notice shall be given in sufficient time to allow the juvenile, parent, guardian, or legal custodian to prepare for the plea hearing. This subsection does not apply to cases of deferred prosecution under s. 938.245.
(4)
Applicability. This section does not apply if the juvenile was present at a hearing under s. 938.21.
History:  1995 a. 77; 1997 a. 35; 2005 a. 344; 2009 a. 94.
2023 Wisconsin Statutes & Annotations › Chapter 938 - Juvenile justice code. › 938.263 - Amendment of petition.

938.263
Amendment of petition.
(1)
To cure defect. Except as provided in s. 938.255 (3), no petition, process or other proceeding may be dismissed or reversed for any error or mistake if the case and the identity of the juvenile named in the petition may be readily understood by the court; and the court may order an amendment curing the defects.
(2)
Before or after plea. With reasonable notification to the interested parties and prior to the taking of a plea under s. 938.30, the petition may be amended at the discretion of the court or person who filed the petition. After the taking of a plea, the court may allow amendment of the petition to conform to the proof if the amendment is not prejudicial to the juvenile.
History:  1995 a. 77; 2005 a. 344.
Sub. (2) did not authorize the trial court to sua sponte and without notice amend a juvenile petition charge to disorderly conduct and make a finding of guilt thereon after finding the juvenile not guilty of battery. The court's action unfairly prejudiced the juvenile's statutory and due process rights. State v. Tawanna H., 223 Wis. 2d 572, 590 N.W.2d 276 (Ct. App. 1998), 98-1404.
2023 Wisconsin Statutes & Annotations › Chapter 938 - Juvenile justice code. › 938.265 - Consultation with victims.

938.265
Consultation with victims.
In a case in which the juvenile is alleged to be delinquent under s. 938.12 or to be in need of protection or services under s. 938.13 (12), the district attorney or corporation counsel shall, as soon as practicable but before the plea hearing under s. 938.30, offer all of the victims of the juvenile's alleged act who have so requested an opportunity to confer with the district attorney or corporation counsel concerning the possible outcomes of the proceeding against the juvenile, including potential plea agreements and recommendations that the district attorney or corporation counsel may make concerning dispositions under s. 938.34 or 938.345. The duty to offer an opportunity to confer under this section does not limit the obligation of the district attorney or corporation counsel to exercise his or her discretion concerning the handling of the proceeding against the juvenile.
History:  1997 a. 181; 2005 a. 344.
2023 Wisconsin Statutes & Annotations › Chapter 938 - Juvenile justice code. › 938.28 - Failure to obey summons; capias.

938.28
Failure to obey summons; capias.
If any person summoned under this chapter fails without reasonable cause to appear, he or she may be proceeded against for contempt of court under ch. 785. If the summons cannot be served, if the parties served fail to respond to the summons, or if it appears to the court that the service will be ineffectual, a capias may be issued for the parent, guardian, and legal custodian or for the juvenile. Subchapter IV governs the taking and holding of a juvenile in custody.
History:  1995 a. 77; 1997 a. 35; 2005 a. 344.
The issuance of a capias to secure the physical attendance of a juvenile prior to the service of the summons and petition on the juvenile was error but did not deny the court personal jurisdiction. Interest of Jermaine T.J., 181 Wis. 2d 82, 510 N.W.2d 735 (Ct. App. 1993).
NOTE:  The above annotation cites to s. 48.28, the predecessor statute to s. 938.28.
2023 Wisconsin Statutes & Annotations › Chapter 938 - Juvenile justice code. › 938.293 - Discovery.

938.293
Discovery.
(1)
Law enforcement reports. Copies of all law enforcement officer reports, including the officer's memorandum and witnesses' statements, shall be made available upon request to counsel or guardian ad litem prior to a plea hearing. The reports shall be available through the representative of the public designated under s. 938.09. The juvenile, through counsel or guardian ad litem, is the only party who shall have access to the reports in proceedings under s. 938.12, 938.125, or 938.13 (12). The identity of a confidential informant may be withheld under s. 905.10.
(2)
Records relating to juvenile. All records relating to a juvenile which are relevant to the subject matter of a proceeding under this chapter shall be open to inspection by a guardian ad litem or counsel for any party, upon demand and upon presentation of releases where necessary, at least 48 hours before the proceeding. Persons entitled to inspect the records may obtain copies of the records with the permission of the custodian of the records or with the permission of the court. The court may instruct counsel not to disclose specified items in the materials to the juvenile or the parent if the court reasonably believes that the disclosure would be harmful to the interests of the juvenile. Section 971.23 shall be applicable in all delinquency proceedings under this chapter, except that the court shall establish the timetable for the disclosures required under s. 971.23 (1), (2m), (8), and (9).
(3)
Audiovisual recording of oral statement. Upon request prior to the fact-finding hearing, the district attorney shall disclose to the juvenile, and to the juvenile's counsel or guardian ad litem, the existence of any audiovisual recording of an oral statement of a child under s. 908.08 that is within the possession, custody, or control of the state and shall make reasonable arrangements for the requesting person to view the statement. If, after compliance with this subsection, the state obtains possession, custody, or control of the audiovisual recording of the oral statement, the district attorney shall promptly notify the requesting person of that fact and make reasonable arrangements for the requesting person to view the statement.
History:  1995 a. 77, 387; 1997 a. 35; 2001 a. 16; 2005 a. 42, 344; 2007 a. 97.
2023 Wisconsin Statutes & Annotations › Chapter 938 - Juvenile justice code. › 938.2965 - Waiting area for victims and witnesses.

938.2965
Waiting area for victims and witnesses.
(1)
Definition. In this section, “witness" has the meaning given in s. 950.02 (5).
(2)
County to provide. If an area is available and use of the area is practical, a county shall provide a waiting area for a victim or witness to use during hearings under this chapter that is separate from any area used by the juvenile, the juvenile's relatives, and witnesses for the juvenile. If a separate waiting area is not available or its use is not practical, a county shall provide other means to minimize the contact between the victim or witness and the juvenile, the juvenile's relatives, and witnesses for the juvenile during hearings under this chapter.
History:  1997 a. 181; 2005 a. 344.
2023 Wisconsin Statutes & Annotations › Chapter 938 - Juvenile justice code. › 938.297 - Motions before trial.

938.297
Motions before trial.
(1)
Motions able to be determined without trial. Any motion which is capable of determination without trial of the general issue may be made before trial.
(2)
Defenses and objections based on petitions for citation. If defenses and objections based on defects in the institution of proceedings, lack of probable cause on the face of the petition or citation, insufficiency of the petition or citation, or invalidity in whole or in part of the statute on which the petition or citation is founded are not raised within 10 days after the plea hearing, they are waived. Other motions capable of determination without trial may be brought any time before trial.
(3)
Suppression of evidence. Motions to suppress evidence as illegally seized or statements as illegally obtained shall be made before fact-finding on the issues. The court may consider the motion at the fact-finding hearing if it appears that a party is surprised by the attempt to introduce the evidence and that party waives jeopardy. Only the juvenile may waive jeopardy in cases under s. 938.12, 938.125, or 938.13 (12).
(4)
Propriety of taking juvenile into custody. Although the taking of a juvenile into custody is not an arrest, it shall be considered an arrest for the purpose of deciding motions which require a decision about the propriety of the taking into custody, including motions to suppress evidence as illegally seized, motions to suppress statements as illegally obtained, and motions challenging the lawfulness of the taking into custody.
(5)
Continuation in custody if motion to dismiss granted. If the juvenile is in custody and the court grants a motion to dismiss based upon a defect in the petition or citation or in the institution of the proceedings, the court may order the juvenile continued in custody for not more than 48 hours pending the filing of a new petition or citation.
(6)
Service of motion on attorney. A motion required to be served on a juvenile may be served upon his or her attorney of record.
(7)
Oral argument by telephone. Oral argument permitted on motions under this section may be heard by telephone under s. 807.13 (1).
(8)
Appellate review. An order denying a motion to suppress evidence or a motion challenging the admissibility of a statement of a juvenile may be reviewed upon appeal from a final judgment or order notwithstanding the fact that the judgment or order was entered upon an admission or a plea of no contest to the allegations in the petition.
History:  1995 a. 77; 1997 a. 35; 2005 a. 344; 2009 a. 27.
2023 Wisconsin Statutes & Annotations › Chapter 938 - Juvenile justice code. › 938.305 - Hearing upon the involuntary removal of a juvenile.

938.305
Hearing upon the involuntary removal of a juvenile.
Notwithstanding other time periods for hearings under this chapter, if a juvenile is removed from the physical custody of the juvenile's parent or guardian under s. 938.19 (1) (c) or (d) 5. without the consent of the parent or guardian, the court, subject to s. 938.299 (10), shall schedule a plea hearing and fact-finding hearing within 30 days after a request from the parent or guardian from whom custody was removed. The plea hearing and fact-finding hearing may be combined. This time period may be extended only with the consent of the requesting parent or guardian.
History:  1995 a. 77; 2009 a. 94.
2023 Wisconsin Statutes & Annotations › Chapter 938 - Juvenile justice code. › 938.312 - Notice of dismissal.

938.312
Notice of dismissal.
If a petition alleges that a juvenile is delinquent under s. 938.12 or in need of protection or services under s. 938.13 (12) and the petition is dismissed or does not otherwise result in a consent decree or dispositional order, the district attorney or corporation counsel shall make a reasonable attempt to inform each known victim of the juvenile's alleged act that the petition has been dismissed or will not result in a consent decree or dispositional order.
History:  1997 a. 181.
2023 Wisconsin Statutes & Annotations › Chapter 938 - Juvenile justice code. › 938.325 - Proceedings by telephone or live audiovisual means.

938.325
Proceedings by telephone or live audiovisual means.
Unless good cause to the contrary is shown, proceedings referred to under this chapter may be conducted by telephone or live audiovisual means if available. If the proceeding is required to be reported under SCR 71.01 (2), the proceeding shall be reported by a court reporter who is in simultaneous voice communication with all parties to the proceeding. Regardless of the physical location of any party to a proceeding conducted by telephone or live audiovisual means, any plea, waiver, stipulation, motion, objection, decision, order, or other action taken by the court or any party has the same effect as if made in open court. Simultaneous access to the proceeding shall be provided to persons entitled to attend by means of a loudspeaker or live audiovisual feed or, upon request to the court, by allowing persons entitled to attend to participate in the telephone call without charge.
History:  2021 a. 141.
2023 Wisconsin Statutes & Annotations › Chapter 938 - Juvenile justice code. › 938.331 - Court reports; effect on victim.

938.331
Court reports; effect on victim.
If the delinquent act would constitute a felony if committed by an adult, the person preparing the report under s. 938.33 (1) shall attempt to determine the economic, physical and psychological effect of the delinquent act on the victim, as defined in s. 938.02 (20m) (a) 1. and 4. The person preparing the report may ask any appropriate person for information. This section does not preclude the person who prepares the report from including any information for the court concerning the impact of a delinquent act on the victim. If the delinquent act would not constitute a felony but a victim, as defined in s. 938.02 (20m) (a) 1., has suffered bodily harm or the act involved theft or damage to property, the person preparing the report is encouraged to seek the information described in this section.
History:  1995 a. 77; 1997 a. 181.
2023 Wisconsin Statutes & Annotations › Chapter 938 - Juvenile justice code. › 938.341 - Delinquency adjudication; restriction on firearm possession.

938.341
Delinquency adjudication; restriction on firearm possession.
Whenever a court adjudicates a juvenile delinquent for an act that if committed by an adult in this state would be a felony, the court shall inform the juvenile of the requirements and penalties under s. 941.29.
History:  1995 a. 77.
2023 Wisconsin Statutes & Annotations › Chapter 938 - Juvenile justice code. › 938.3415 - Delinquency adjudication; restriction on body armor possession.

938.3415
Delinquency adjudication; restriction on body armor possession.
Whenever a court adjudicates a juvenile delinquent for an act that if committed by an adult in this state would be a violent felony, as defined in s. 941.291 (1) (b), the court shall inform the juvenile of the requirements and penalties under s. 941.291.
History:  2001 a. 95.
2023 Wisconsin Statutes & Annotations › Chapter 938 - Juvenile justice code. › 938.35 - Effect of judgment and disposition.

938.35
Effect of judgment and disposition.
(1)
Effect and admissibility of judgment. The court shall enter a judgment setting forth the court's findings and disposition in the proceeding. A judgment in a proceeding on a petition under this chapter is not a conviction of a crime, does not impose any civil disabilities ordinarily resulting from the conviction of a crime and does not operate to disqualify the juvenile in any civil service application or appointment. The disposition of a juvenile, and any record of evidence given in a hearing in court, is not admissible as evidence against the juvenile in any case or proceeding in any other court except for the following:
(a)
In sentencing proceedings after conviction of a felony or misdemeanor and then only for the purpose of a presentence investigation.
(b)
In a proceeding in any court assigned to exercise jurisdiction under this chapter and ch. 48.
(c)
In a court of civil or criminal jurisdiction while it is exercising jurisdiction over an action affecting the family and is considering the custody of a juvenile.
(cm)
In a court of civil or criminal jurisdiction for purposes of setting bail under ch. 969 or impeaching a witness under s. 906.09.
(d)
The fact that a juvenile has been adjudged delinquent on the basis of unlawfully and intentionally killing a person is admissible for the purpose of s. 854.14 (5) (b).
(e)
In a hearing, trial, or other proceeding under ch. 980.
(1m)
Future criminal proceedings barred. Disposition by the court assigned to exercise jurisdiction under this chapter and ch. 48 of any allegation under s. 938.12 or 938.13 (12) shall bar any future proceeding on the same matter in criminal court when the juvenile attains 17 years of age. This subsection does not affect proceedings in criminal court that have been transferred under s. 938.18.
(2)
Court disclosure of information. Except under sub. (1), this section does not preclude the court from disclosing information to qualified persons if the court considers the disclosure to be in the best interests of the juvenile or of the administration of justice.
History:  1995 a. 77; 1997 a. 35, 205; 1999 a. 32; 2005 a. 344, 434; 2013 a. 166.
If evidence of a prior rape is introduced at a rape trial to prove identity, testimony of the prior rape victim is admissible notwithstanding that the defendant was tried as a juvenile for the prior rape. Sanford v. State, 76 Wis. 2d 72, 250 N.W.2d 348 (1977).
Inferential impeachment; the presence of parole officers at subsequent juvenile adjudications. O'Donnell. 55 MLR 349.
NOTE:  The above annotations cite to s. 48.35, the predecessor statute to s. 938.35.
2023 Wisconsin Statutes & Annotations › Chapter 938 - Juvenile justice code. › 938.356 - Duty of court to warn.

938.356
Duty of court to warn.
(1)
Oral warning. Whenever the court orders a juvenile to be placed outside his or her home or denies a parent visitation because the juvenile has been adjudged to be delinquent or to be in need of protection or services under s. 938.34, 938.345, 938.357, 938.363, or 938.365 and whenever the court reviews a permanency plan under s. 938.38 (5m), the court shall orally inform the parent or parents who appear in court of any grounds for termination of parental rights under s. 48.415 which may be applicable and of the conditions necessary for the juvenile to be returned to the home or for the parent to be granted visitation.
(2)
Written warning. In addition to the notice required under sub. (1), any written order which places a juvenile outside the home or denies visitation under sub. (1) shall notify the parent or parents of the information specified under sub. (1).
History:  1995 a. 77, 275; 2005 a. 344; 2009 a. 185.
2023 Wisconsin Statutes & Annotations › Chapter 938 - Juvenile justice code. › 938.36 - Payment for services.

938.36
Payment for services.
(1)
Residential services; parental duty to support.
(a)
If legal custody is transferred from the parent or guardian or the court otherwise designates an alternative placement for the juvenile by a consent decree under s. 938.32, a disposition made under s. 938.183, 938.34, or 938.345, or a change in placement under s. 938.357, the duty of the parent or guardian to provide support shall continue even though the legal custodian or the placement designee may provide the support. A copy of the order transferring custody or designating alternative placement for the juvenile shall be submitted to the agency or person receiving custody or placement and the agency or person may apply to the court for an order to compel the parent or guardian to provide the support. Support payments for residential services, when purchased or otherwise funded or provided by the department of corrections, or a county department under s. 46.215, 46.22 or 46.23, shall be determined under s. 301.12 (14). Support payments for residential services, when purchased or otherwise funded by the department of health services, or a county department under s. 51.42 or 51.437, shall be determined under s. 46.10 (14).
(b)
In determining the amount of support under par. (a), the court may consider all relevant financial information or other information relevant to the parent's earning capacity, including information reported under s. 49.22 (2m) to the department, or the county child support agency, under s. 59.53 (5). If the court has insufficient information with which to determine the amount of support, the court shall order the juvenile's parent to furnish a statement of the income, assets, debts, and living expenses of the juvenile and the juvenile's parent, if the parent has not already done so, to the court within 10 days after the court's order transferring custody or designating an alternative placement is entered or at such other time as ordered by the court.
(2)
Services or treatment; county payment; parental contribution. If a juvenile whose legal custody has not been taken from a parent or guardian is given educational and social services, or medical, psychological, or psychiatric treatment by order of the court, the court may order the county to pay for those services or treatment. This section does not prevent recovery of reasonable contribution toward the costs from the parent or guardian of the juvenile as the court may order based on the ability of the parent or guardian to pay. This subsection is subject to s. 301.03 (18).
(3)
Services provided by school district. In determining county liability, this section does not apply to services specified in ch. 115.
History:  1995 a. 27 s. 9126 (19); 1995 a. 77; 1997 a. 27, 35, 237, 252; 2005 a. 344; 2007 a. 20 s. 3823, 9121 (6) (a); 2015 a. 55, 373.
2023 Wisconsin Statutes & Annotations › Chapter 938 - Juvenile justice code. › 938.362 - Payment for certain special treatment or care services.

938.362
Payment for certain special treatment or care services.
(1)
Definition. In this section, “special treatment or care" has the meaning given in s. 938.02 (17m), except that it does not include alcohol and other drug abuse services.
(2)
Applicability. This section applies to the payment of court-ordered special treatment or care under s. 938.34 (6) (a) or (am), whether or not custody has been taken from the parent.
(3)
Payment by parent or insurer. If a juvenile's parent neglects, refuses, or is unable to provide court-ordered special treatment or care for the juvenile through his or her health insurance or other 3rd-party payments, notwithstanding s. 938.36 (3), the court may order the parent to pay for the court-ordered special treatment or care. If the parent consents to provide court-ordered special treatment or care for a juvenile through his or her health insurance or other 3rd-party payments but the health insurance provider or other 3rd-party payer refuses to provide the special treatment or care, the court may order the health insurance provider or 3rd-party payer to pay for the special treatment or care in accordance with the terms of the parent's health insurance policy or other 3rd-party payment plan.
(4)
Payment by county department.
(a)
If the court finds that payment cannot be attained under sub. (3), the court may order the county department under s. 51.42 or 51.437 of the juvenile's county of legal residence to pay the cost of any court-ordered special treatment or care that is provided directly by or under contract with the county department.
(b)
Payment for special treatment or care by a county department under par. (a) does not prohibit the county department from contracting with another county department or approved treatment facility for the provision of special treatment or care.
(c)
A county department that pays for court-ordered special treatment or care under par. (a) may recover from the parent, based on the parent's ability to pay, a reasonable contribution toward the costs of court-ordered special treatment or care. This paragraph is subject to s. 46.03 (18).
History:  1995 a. 77, 275; 2005 a. 344.
2023 Wisconsin Statutes & Annotations › Chapter 938 - Juvenile justice code. › 938.364 - Dismissal of certain dispositional orders.

938.364
Dismissal of certain dispositional orders.
A juvenile, the juvenile's parent, guardian, or legal custodian, or the district attorney or corporation counsel in the county in which the dispositional order was entered may request the court to dismiss an order under s. 938.342 (2) if the juvenile shows documentary proof that he or she is enrolled in a school program or a high school equivalency program. The court may also propose such a dismissal.
History:  1995 a. 77; 2005 a. 344.
2023 Wisconsin Statutes & Annotations › Chapter 938 - Juvenile justice code. › 938.368 - Continuation of dispositional orders.

938.368
Continuation of dispositional orders.
(1)
Termination of parental rights proceedings. If a petition for termination of parental rights is filed under s. 48.41 or 48.415 or an appeal from a judgment terminating or denying termination of parental rights is filed during the year in which a dispositional order under s. 938.355 or an extension order under s. 938.365 is in effect, the dispositional or extension order shall remain in effect until all proceedings related to the filing of the petition or an appeal are concluded.
(2)
Placement with guardian. If a juvenile's placement with a guardian appointed under s. 48.977 (2) is designated by the court under s. 48.977 (3) as a permanent foster placement for the juvenile while a dispositional order under s. 938.345, a revision order under s. 938.363, or an extension order under s. 938.365 is in effect with respect to the juvenile, the dispositional order, revision order, or extension order shall remain in effect until the earliest of the following:
(a)
Thirty days after the guardianship terminates under s. 48.977 (7).
(b)
A court enters a change in placement order under s. 938.357.
(c)
A court order terminates such dispositional order, revision order or extension order.
(d)
The juvenile attains the age of 18 years.
History:  1995 a. 77; 1997 a. 80; 2005 a. 344.
2023 Wisconsin Statutes & Annotations › Chapter 938 - Juvenile justice code. › 938.37 - Costs.

938.37
Costs.
(1)
Juvenile court. A court assigned to exercise jurisdiction under this chapter and ch. 48 may not impose costs, fees, or surcharges under ch. 814 against a juvenile under 14 years of age. A court may impose costs, fees, and surcharges under ch. 814 against a juvenile 14 years of age or older.
(3)
Civil and criminal courts. Notwithstanding sub. (1), courts of civil and criminal jurisdiction exercising jurisdiction under s. 938.17 may assess the same costs, fees, and surcharges imposed under ch. 814 against juveniles as they may assess against adults, except that witness fees may not be charged to the juvenile.
History:  1995 a. 77; 2003 a. 139; 2005 a. 344.
2023 Wisconsin Statutes & Annotations › Chapter 938 - Juvenile justice code. › 938.373 - Medical authorization.

938.373
Medical authorization.
(1)
Authorization by court. The court assigned to exercise jurisdiction under this chapter and ch. 48 may authorize medical services including surgical procedures when needed if the court assigned to exercise jurisdiction under this chapter and ch. 48 determines that reasonable cause exists for the services and that the juvenile is within the jurisdiction of the court assigned to exercise jurisdiction under this chapter and ch. 48 and, except as provided in s. 938.296 (4) and (5), consents.
(2)
Abortion; judicial waiver of parental consent requirement. Section 48.375 (7) applies if the medical service authorized under sub. (1) is an abortion.
History:  1995 a. 77; 1999 a. 188; 2005 a. 344.