Chapter 938

938.45(2) (2) Right to hearing on orders. No order under sub. (1) (a), (1m) (a), or (1r) (a) or (b) may be entered until the person who is the subject of the contemplated order is given an opportunity to be heard on the order. The court shall cause notice of the time, place, and purpose of the hearing to be served on the person personally at least 10 days before the date of hearing. The procedure in these cases shall, as far as practicable, be the same as in other cases in the court. At the hearing the person may be represented by counsel and may produce and cross-examine witnesses. A person who fails to comply with an order issued by a court under sub. (1) (a), (1m) (a), or (1r) (a) or (b) may be proceeded against for contempt of court. If the person’s conduct involves a crime, the person may be proceeded against under the criminal law.

938.45(3) (3) Prosecution of adult contributing to delinquency of juvenile. If it appears at a court hearing that any person 17 years of age or older has violated s. 948.40, the court shall refer the record to the district attorney. This subsection does not prohibit prosecution of violations of s. 948.40 without the prior reference by the court to the district attorney.

938.45 History History: 1995 a. 77; 1997 a. 35, 205; 2003 a. 138; 2005 a. 344.

938.45 Annotation The plain meaning of “person” in sub. (1) refers to natural persons. Consequently, a school district is not capable of contributing to the delinquency of a minor under this statute. Accordingly, the circuit court erred as a matter of law when it relied on this provision to obtain authority over a school district. Madison Metropolitan School District v. Circuit Court for Dane County, 2011 WI 72, 336 Wis. 2d 95, 800 N.W.2d 442, 09-2845.

938.45 Annotation Municipal courts have statutory authority to order parents of a juvenile to pay a forfeiture imposed on their child for violating a nontraffic municipal ordinance. OAG 4-00.

subch. X of ch. 938 SUBCHAPTER X

REHEARING AND APPEAL

938.46 938.46 New evidence. A juvenile whose status is adjudicated by the court under this chapter, or the juvenile’s parent, guardian or legal custodian, may at any time within one year after the entering of the court’s order petition the court for a rehearing on the ground that new evidence has been discovered affecting the advisability of the court’s original adjudication. Upon a showing that such evidence does exist, the court shall order a new hearing. This section does not apply to motions made under s. 974.07 (2).

938.46 History History: 1995 a. 77; 2001 a. 16.

938.47 938.47 Motion for postdisposition relief and appeal.

938.47(1) (1) Appeal by respondent. A motion for postdisposition relief from a final order or judgment by a person subject to this chapter shall be made in the time and manner provided in ss. 809.30 to 809.32. An appeal from a final order or judgment entered under this chapter or from an order denying a motion for postdisposition relief by a person subject to this chapter shall be taken in the time and manner provided in ss. 808.04 (3) and 809.30 to 809.32. The person shall file a motion for postdisposition relief in circuit court before a notice of appeal is filed unless the grounds for seeking relief are sufficiency of the evidence or issues previously raised.

938.47(2) (2) Appeal by state. An appeal by the state from a final judgment or order under this chapter may be taken to the court of appeals within the time specified in s. 808.04 (4) and in the manner provided for civil appeals under chs. 808 and 809.

938.47 History History: 2009 a. 26.

subch. XI of ch. 938 SUBCHAPTER XI

AUTHORITY

938.48 938.48 Authority of department of corrections. The department of corrections may do all of the following:

938.48(1) (1) Enforcement of laws. Promote the enforcement of the laws relating to delinquent juveniles and juveniles in need of protection or services and take the initiative in all matters involving the interests of those juveniles when adequate provision for those matters is not made. This duty shall be discharged in cooperation with the courts, the department of children and families, county departments, licensed child welfare agencies, parents, and other individuals interested in the welfare of juveniles.

938.48(3) (3) Supervision and special treatment or care. Accept supervision over juveniles transferred to it by the court under s. 938.183, 938.34 (4h), or 938.357 (3) or (4), and provide special treatment or care to juveniles when directed by the court. Except as provided in s. 938.505 (2), a court may not direct the department to administer psychotropic medications to juveniles who receive special treatment or care under this subsection.

938.48(4) (4) Care, training, and placement. Provide appropriate care and training for juveniles under its supervision under s. 938.183, 938.34 (4h), or 938.357 (3) or (4), including serving those juveniles in their own homes, placing them in licensed foster homes or licensed group homes under s. 48.63 or in independent living situations as provided in s. 938.34 (3) (e), contracting for their care by licensed child welfare agencies, or replacing them in juvenile correctional facilities or secured residential care centers for children and youth in accordance with rules promulgated under ch. 227, except that the department may not purchase the educational component of private day treatment programs for a juvenile in its custody unless the department, the school board, as defined in s. 115.001 (7), and the state superintendent of public instruction all determine that an appropriate public education program is not available for the juvenile. Disputes between the department and the school district shall be resolved by the state superintendent of public instruction.

938.48(4m) (4m) Continuing care and services for juveniles over 17. Continue to provide appropriate care, training and services to any person who meets all of the following qualifications:

938.48(4m)(a) (a) Is at least 17 years of age.

938.48(4m)(b) (b) Was under the supervision of the department under s. 938.183, 938.34 (4h) or 938.357 (3) or (4) when the person reached 17 years of age.

938.48(4m)(c) (c) Is less than 19 years of age.

938.48(4m)(d) (d) Is determined by the department to be in need of care and services designed to fit the person for gainful employment and has requested and consented to receive the care and services.

938.48(5) (5) Moral and religious training. Provide for the moral and religious training of a juvenile under its supervision under s. 938.183, 938.34 (4h), or 938.357 (3) or (4) according to the religious beliefs of the juvenile or of the juvenile’s parents.

938.48(6) (6) Emergency surgery. Consent to emergency surgery under the direction of a licensed physician or surgeon for any juvenile under its supervision under s. 938.183, 938.34 (4h), or 938.357 (3) or (4) upon notification by a licensed physician or surgeon of the need for the surgery and if reasonable effort, compatible with the nature and time limitation of the emergency, has been made to secure the consent of the juvenile’s parent or guardian.

938.48(13) (13) Allowances and cash grants. Promulgate rules for the payment of an allowance to juveniles in its institutions and a cash grant to a juvenile being discharged from its institutions or released to community supervision or aftercare supervision.

938.48(14) (14) School-related expenses for juveniles over 17. Pay maintenance, tuition, and related expenses from the appropriation under s. 20.410 (3) (ho) for persons who, when they attained 17 years of age, were students regularly attending a school, college, or university or regularly attending a course of vocational or technical training designed to prepare them for gainful employment, and who upon attaining that age were under the supervision of the department under s. 938.183, 938.34 (4h), or 938.357 (3) or (4) as a result of a judicial decision.

938.48(16) (16) Standards for services.

938.48(16)(a) (a) Based on research into effective correctional programs and practices, establish and enforce standards for services for juveniles under the supervision of the department under s. 938.183, 938.34, or 938.345.

938.48(16)(b) (b) Promulgate rules governing services and programming for juveniles in a secured residential care center for children and youth. The rules shall require counties or Indian tribes that operate or contract with a child welfare agency for a secured residential care center for children and youth to implement trauma-informed principles and evidence-based practices at the facilities and shall include uniform data reporting standards. The department shall base the rules it promulgates under this paragraph on the recommendations provided by the juvenile corrections study committee under 2017 Wisconsin Act 185, section 110 (6) (c) 1.

938.48 History History: 1995 a. 77; 1997 a. 27; 2001 a. 38; 2005 a. 344; 2009 a. 28, 233; 2011 a. 258; 2013 a. 20; 2015 a. 55; 2017 a. 185; 2019 a. 8 ss. 44 to 50, 71.

938.48 Cross-reference Cross-reference: See also chs. DOC 371, 373, 374, 375, 376, 379, 380, 381, 383, and 393, Wis. adm. code.

938.485 938.485 Authority of department. The department may do all of the following:

938.485(1) (1) Enforcement of laws. Promote the enforcement of the laws relating to delinquent juveniles and juveniles in need of protection or services and take the initiative in all matters involving the interests of those juveniles when adequate provision for those matters is not made. This duty shall be discharged in cooperation with the courts, the department of corrections, county departments, licensed child welfare agencies, parents, and other individuals interested in the welfare of juveniles.

938.485(2) (2) Juvenile welfare services. Assist in extending and strengthening juvenile welfare services with appropriate federal agencies and in conformity with the federal Social Security Act and in cooperation with parents, other individuals, and other agencies so that all juveniles needing such services are reached.

938.485(3) (3) Prevention, treatment, and education. Study causes and methods of prevention and treatment of juvenile delinquency and related social problems and develop and maintain education and prevention programs that the department considers to be proper. The department may utilize all powers provided by the statutes, including the authority to accept grants of money or property from federal, state, or private sources, and enlist the cooperation of other agencies and state departments.

938.485(4) (4) Reimbursement of tribes and counties for tribal delinquency placements. Reimburse Indian tribes and county departments, from the appropriation under s. 20.437 (1) (kz), for unexpected or unusually high-cost out-of-home care placements of Indian juveniles who have been adjudicated delinquent by tribal courts. In this subsection, “unusually high-cost out-of-home care placements” means the amount by which the cost to an Indian tribe or to a county department of out-of-home care placements of Indian juveniles who have been adjudicated delinquent by tribal courts exceeds $50,000 in a fiscal year.

938.485(5) (5) Standards for services. Establish and enforce standards for services under s. 938.183, 938.34, or 938.345, other than juvenile correctional services.

938.485(6) (6) Juvenile programming research and recommendations. Identify and provide ways to improve the coordination of educational programs and services for juveniles and the parents and other family members of juveniles at the state and local levels by doing all of the following:

938.485(6)(a) (a) Identifying and recommending ways to eliminate governmental barriers to local development of coordinated educational programs and services for juveniles and the parents and other family members of juveniles.

938.485(6)(b) (b) Identifying and recommending ways to support and involve parents and other family members of juveniles in the planning, coordination, and delivery of services for juveniles.

938.485 History History: 2015 a. 55 ss. 4700e, 4701b, 4702h; 2017 a. 59.

938.49 938.49 Notification by court of placement with a county department or the department of corrections; transfer of reports and records.

938.49(1) (1) Notice to county department or department of corrections of placement. When a court places a juvenile in a juvenile correctional facility under the supervision of a county department or the department of corrections or a secured residential care center for children and youth under the supervision of a county department, the court shall immediately notify the county department or the department of corrections of that action. The court shall, in accordance with procedures established by the department of corrections, provide transportation for the juvenile to a receiving center designated by the county department or the department of corrections or deliver the juvenile to personnel of the county department or the department of corrections.

938.49(2) (2) Transfer of court report and pupil records. When a court places a juvenile in a juvenile correctional facility or a secured residential care center for children and youth under the supervision of the department of corrections or a county department, the court and all other public agencies shall immediately do all of the following:

938.49(2)(a) (a) Transfer to the department of corrections or the county department a copy of the report submitted to the court under s. 938.33 or, if the report was presented orally, a transcript of the report and all other pertinent data in their possession.

938.49(2)(b) (b) Notify the juvenile’s last school district or, if the juvenile was last enrolled in a private school participating in the program under s. 118.60 or in the program under s. 119.23 or, pursuant to s. 115.999 (3), 119.33 (2) (c) 3., or 119.9002 (3) (c), in a school under the operation and general management of the governing body of a private school, the private school or the governing body of a private school, in writing of its obligation under s. 118.125 (4).

938.49 History History: 1995 a. 77; 2005 a. 344; 2009 a. 28; 2011 a. 32; 2015 a. 55; 2017 a. 185.

938.50 938.50 Examination of juveniles under supervision of department of corrections. The department of corrections shall examine every juvenile who is placed under its supervision to determine the type of placement best suited to the juvenile and to the protection of the public. The examination shall include an investigation of the personal and family history of the juvenile and his or her environment, any physical or mental examinations necessary to determine the type of placement appropriate for the juvenile, and an evaluation under s. 938.533 (3) (a) to determine the appropriate level of supervision and services based on the juvenile’s risks and needs. The department of corrections shall screen a juvenile who is examined under this section to determine whether the juvenile is in need of special treatment or care because of alcohol or other drug abuse, mental illness, or severe emotional disturbance. In making the examination the department of corrections may use any facilities, public or private, that offer assistance in determining the correct placement for the juvenile.

938.50 History History: 1995 a. 77; 2005 a. 344; 2015 a. 55; 2017 a. 366.

938.505 938.505 Juveniles placed under correctional supervision.

938.505(1) (1) Rights and duties of department of corrections or county department. When a juvenile is placed under the supervision of the department of corrections under s. 938.183, 938.34 (4h), or 938.357 (3), (4), or (5) (e) or under the supervision of a county department under s. 938.34 (4m) or (4n), the department of corrections or county department, whichever has supervision over the juvenile, shall have the right and duty to protect, train, discipline, treat, and confine the juvenile and to provide food, shelter, legal services, education, and ordinary medical and dental care for the juvenile, subject to the rights, duties, and responsibilities of the guardian of the juvenile and subject to any residual parental rights and responsibilities and the provisions of any court order.

938.505(2) (2) Psychotropic medication.

938.505(2)(a) (a) If a juvenile 14 years of age or older is under the supervision of the department of corrections or a county department as described in sub. (1), is not residing in his or her home, and wishes to be administered psychotropic medication but a parent with legal custody or the guardian refuses to consent to the administration of psychotropic medication or cannot be found, or if there is no parent with legal custody, the department of corrections or county department acting on the juvenile’s behalf may petition the court assigned to exercise jurisdiction under this chapter and ch. 48 in the county in which the juvenile is located for permission to administer psychotropic medication to the juvenile. A copy of the petition and a notice of hearing shall be served upon the parent or guardian at his or her last-known address. If, after hearing, the court determines that all of the following apply, the court shall grant permission for the department of corrections or county department to administer psychotropic medication to the juvenile without the parent’s or guardian’s consent:

938.505(2)(a)1. 1. The parent’s or guardian’s consent is unreasonably withheld, the parent or guardian cannot be found, or there is no parent with legal custody, except that the court may not determine that a parent’s or guardian’s consent is unreasonably withheld solely because the parent or guardian relies on treatment by spiritual means through prayer for healing in accordance with his or her religious tradition.

938.505(2)(a)2. 2. The juvenile is 14 years of age or older, is competent to consent to the administration of psychotropic medication, and voluntarily consents to the administration of psychotropic medication.

938.505(2)(a)3. 3. The juvenile, based on the recommendation of a physician, is in need of psychotropic medication, and psychotropic medication is appropriate for the juvenile’s needs and is the least restrictive treatment consistent with those needs.

938.505(2)(b) (b) The court may, at the request of the department of corrections or county department, temporarily approve the administration of psychotropic medication, for not more than 10 days after the date of the request, pending the hearing on the petition. The hearing shall be held within that 10-day period.

938.505 History History: 1995 a. 77; 2005 a. 344; 2015 a. 55; 2017 a. 185; 2019 a. 8 ss. 51, 71.

938.505 Cross-reference Cross-reference: See also chs. DOC 375 and 383, Wis. adm. code.

938.51 938.51 Notification of release or escape of juvenile from correctional custody or supervision.

938.51(1) (1) Release from secured facility or supervision. At least 15 days prior to the date of release from a juvenile correctional facility or a secured residential care center for children and youth of a juvenile who has been adjudicated delinquent and at least 15 days prior to the release from the supervision of the department of corrections or a county department of a juvenile who has been adjudicated delinquent, the department of corrections or county department, whichever has supervision over the juvenile, shall make a reasonable attempt to do all of the following:

938.51(1)(a) (a) Notify all of the following local agencies in the community in which the juvenile will reside of the juvenile’s return to the community:

938.51(1)(a)1. 1. The law enforcement agencies.

938.51(1)(a)2. 2. The school district.

938.51(1)(a)3. 3. The county departments under ss. 46.215, 46.22, 46.23, 51.42 and 51.437.

938.51(1)(b) (b) Subject to pars. (c) and (cm), notify any known victim of the act for which the juvenile has been found delinquent of the juvenile’s release, if all of the following apply:

938.51(1)(b)2. 2. The victim can be found.

938.51(1)(b)3. 3. The victim has sent in a request card under sub. (2) or, if the victim was under 18 years of age when his or her parent sent in a request card under sub. (2), the parent or guardian authorized on the request card direct notification of the victim after the victim attains 18 years of age.

938.51(1)(c) (c) Subject to par. (cm), notify an adult relative of the victim of the juvenile’s release if all of the following apply:

938.51(1)(c)1. 1. The victim died as a result of the juvenile’s delinquent act.

938.51(1)(c)2. 2. The adult relative can be found.

938.51(1)(c)3. 3. The adult relative has sent in a request card under sub. (2).

938.51(1)(cm) (cm) Notify the victim’s parent or legal guardian of the juvenile’s release if all of the following apply:

938.51(1)(cm)1. 1. The victim is younger than 18 years of age.

938.51(1)(cm)2. 2. The parent or legal guardian can be found.

938.51(1)(cm)3. 3. The parent or legal guardian has sent in a request card under sub. (2).

938.51(1)(d) (d) Notify any witness who testified against the juvenile in any court proceeding involving the delinquent act of the juvenile’s release if all of the following apply:

938.51(1)(d)1. 1. The witness can be found.

938.51(1)(d)2. 2. The witness has sent in a request card under sub. (2).

938.51(1d) (1d) Release from nonsecured residential care center. At least 15 days prior to the release from a nonsecured residential care center for children and youth of a juvenile who has either been adjudicated delinquent under s. 48.12, 1993 stats., or s. 938.12 or been found to be in need of protection or services under s. 48.13 (12), 1993 stats., or s. 938.13 (12) and who has been found to have committed a violation of ch. 940 or of s. 948.02, 948.025, 948.03, or 948.085 (2), and at least 15 days prior to the release from a nonsecured residential care center for children and youth of a juvenile who has been found to be in need of protection or services under s. 48.13 (14), 1993 stats., or s. 938.13 (14), the department of corrections or county department, whichever has supervision over the juvenile, shall notify all of the following persons of the juvenile’s release:

938.51(1d)(a) (a) Any known victim of the act for which the juvenile was found delinquent or to be in need of protection or services, if the criteria under sub. (1) (b) are met; an adult relative of the victim, if the criteria under sub. (1) (c) are met; or the victim’s parent or guardian, if the criteria under sub. (1) (cm) are met.

938.51(1d)(b) (b) Any witness who testified against the juvenile in any court proceeding involving the act for which the juvenile was found delinquent or to be in need of protection or services, if the criteria under sub. (1) (d) are met.

938.51(1g) (1g) Release from inpatient facility. At least 15 days prior to the release from an inpatient facility, as defined in s. 51.01 (10), of a juvenile who has been found to be in need of protection or services under s. 48.13 (14), 1993 stats., or s. 938.13 (14), the county department having supervision over the juvenile shall notify all of the following persons of the juvenile’s release:

938.51(1g)(a) (a) Any known victim of the act for which the juvenile was found to be in need of protection or services, if the criteria under sub. (1) (b) are met; an adult relative of the victim, if the criteria under sub. (1) (c) are met; or the victim’s parent or guardian, if the criteria under sub. (1) (cm) are met.

938.51(1g)(b) (b) Any witness who testified against the juvenile in any court proceeding involving the act for which the juvenile was found to be in need of protection or services, if the criteria under sub. (1) (d) are met.

938.51(1m) (1m) Notification of local agencies. The department of corrections or county department, whichever has supervision over a juvenile described in sub. (1), shall determine the local agencies that it will notify under sub. (1) (a) based on the residence of the juvenile’s parents or on the juvenile’s intended residence specified in the juvenile’s community supervision plan or aftercare supervision plan or, if those methods do not indicate the community in which the juvenile will reside following release from a juvenile correctional facility or a secured residential care center for children and youth or from the supervision of the department of corrections or county department, the community in which the juvenile states that he or she intends to reside.

938.51(1r) (1r) Contents of notice. The notification under sub. (1), (1d) or (1g) shall include only the juvenile’s name, the date of the juvenile’s release and the type of placement to which the juvenile is released.