938.32(6)(6) Notice to juvenile of right to object to continuation. The court shall inform the juvenile and the juvenile’s parent, guardian, or legal custodian, in writing, of the juvenile’s right to object to the continuation of the consent decree under sub. (3) and of the fact that the hearing under which the juvenile was placed on supervision may be continued to conclusion as if the consent decree had never been entered. 938.32 HistoryHistory: 1995 a. 77, 352, 448; 1997 a. 181, 183, 205, 239; 1999 a. 9, 32; 2001 a. 16, 61, 105, 109; 2003 a. 138; 2005 a. 344; 2007 a. 20; 2009 a. 28, 79, 94, 185; 2011 a. 32, 181, 258; 2015 a. 373; 2017 a. 359; 2021 a. 42. 938.32 AnnotationA court may not vacate a consent decree and adjudicate a juvenile delinquent after the decree’s expiration date. A court’s authority to declare a juvenile delinquent is revoked when the consent decree expires. State v. Sarah R.P. 2001 WI App 49, 241 Wis. 2d 530, 624 N.W.2d 872, 00-2127. 938.325938.325 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. 938.325 HistoryHistory: 2021 a. 141. DISPOSITION
938.33(1)(1) Report required. Before the disposition of a juvenile adjudged to be delinquent or in need of protection or services, the court shall designate an agency, as defined in s. 938.38 (1) (a), to submit a report that contains all of the following: 938.33(1)(b)(b) A recommended plan of rehabilitation or treatment and care for the juvenile, based on the investigation conducted by the agency and any report resulting from an examination or assessment under s. 938.295, that employs the most effective means available to accomplish the objectives of the plan. 938.33(1)(c)(c) A description of the specific services or continuum of services that the agency is recommending for the juvenile or family, the persons or agencies that would be primarily responsible for providing those services, and the identity of the person or agency that would provide case management or coordination of services, if any, and whether or not the juvenile should receive a coordinated services plan of care. 938.33(1)(d)(d) A statement of the objectives of the plan, including any desired behavior changes and the academic, social and vocational skills needed by the juvenile. 938.33(1)(e)(e) A plan for the provision of educational services to the juvenile, prepared after consultation with the staff of the school in which the juvenile is enrolled or the last school in which the juvenile was enrolled. 938.33(1)(f)(f) If the agency is recommending that the court order the juvenile’s parent, guardian, or legal custodian to participate in mental health treatment, anger management, individual or family counseling, or parent training and education, a statement as to the availability of those services and the availability of funding for those services. 938.33(2)(2) Home placement reports. A report recommending that the juvenile remain in his or her home may be presented orally at the dispositional hearing if all parties consent. A report that is presented orally shall be transcribed and made a part of the court record. 938.33(3)(3) Correctional placement reports. A report recommending placement of a juvenile in a juvenile correctional facility or a secured residential care center for children and youth shall be in writing, except that the report may be presented orally at the dispositional hearing if the juvenile and the juvenile’s counsel consent. A report that is presented orally shall be transcribed and made a part of the court record. In addition to the information specified under sub. (1) (a) to (d), the report shall include all of the following: 938.33(3)(a)(a) A description of any less restrictive alternatives that are available and that have been considered, and why they have been determined to be inappropriate. If the court has found that any of the conditions specified in s. 938.34 (4m) (b) 1., 2., or 3. applies, the report shall indicate that a less restrictive alternative than placement in a juvenile correctional facility or a secured residential care center for children and youth is not appropriate. 938.33(3)(b)(b) A recommendation for an amount of child support to be paid by either or both of the juvenile’s parents or for referral to the county child support agency under s. 59.53 (5) for the establishment of child support. 938.33(3r)(3r) Serious juvenile offender report. If a juvenile has been adjudicated delinquent for committing a violation for which the juvenile may be placed in the serious juvenile offender program under s. 938.34 (4h) (a), the report shall be in writing and, in addition to the information specified in sub. (1) and in sub. (3) or (4), if applicable, shall include an analysis of the juvenile’s suitability for placement in the serious juvenile offender program under s. 938.34 (4h) or in a secured residential care center for children and youth under s. 938.34 (4m), a placement specified in s. 938.34 (3), or placement in the juvenile’s home with supervision and community-based programming and a recommendation as to the type of placement for which the juvenile is best suited. 938.33(4)(4) Other out-of-home placements. A report recommending placement in a foster home, group home, or nonsecured residential care center for children and youth, in the home of a relative other than a parent, in the home of like-kin, in the home of a guardian under s. 48.977 (2), or in a supervised independent living arrangement shall be in writing, except that the report may be presented orally at the dispositional hearing if all parties consent. A report that is presented orally shall be transcribed and made a part of the court record. The report shall include all of the following: 938.33(4)(b)(b) A recommendation for an amount of child support to be paid by either or both of the juvenile’s parents or for referral to the county child support agency under s. 59.53 (5) for the establishment of child support. 938.33(4)(c)(c) Specific information showing that continued placement of the juvenile in his or her home would be contrary to the welfare of the juvenile, specific information showing that the county department or the agency primarily responsible for providing services to the juvenile 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 any of the circumstances specified in s. 938.355 (2d) (b) 1. to 4. applies, and, if a permanency plan has previously been prepared for the juvenile, specific information showing that the county department or agency has made reasonable efforts to achieve the permanency goal of the juvenile’s permanency plan, including, if appropriate, through an out-of-state placement. 938.33(4)(cm)(cm) A statement indicating whether the recommended placement is certified under s. 48.675. 938.33(4)(cr)1.1. If the report recommends placement of a juvenile in a residential care center for children and youth, group home, or shelter care facility certified under s. 48.675, except as provided in subd. 2., the report shall contain the results of the standardized assessment and the recommendation of the qualified individual who conducted the standardized assessment, including all of the following: 938.33(4)(cr)1.a.a. Whether the proposed placement will provide the juvenile with the most effective and appropriate level of care in the least restrictive environment. 938.33(4)(cr)1.b.b. How the placement is consistent with the short-term and long-term goals for the juvenile, as specified in the permanency plan.