Chapter 938

938.373   Medical authorization.

SUBCHAPTER VII

PERMANENCY PLANNING; RECORDS

938.38   Permanency planning.

938.383   Reasonable and prudent parent standard.

938.385   Plan for transition to independent living.

938.39   Disposition by court bars criminal proceeding.

938.396   Records.

SUBCHAPTER IX

JURISDICTION OVER PERSONS 17 OR OLDER

938.44   Jurisdiction over persons 17 or older.

938.45   Orders applicable to adults.

SUBCHAPTER X

REHEARING AND APPEAL

938.46   New evidence.

938.47   Motion for postdisposition relief and appeal.

SUBCHAPTER XI

AUTHORITY

938.48   Authority of department of corrections.

938.485   Authority of department.

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

938.50   Examination of juveniles under supervision of department of corrections.

938.505   Juveniles placed under correctional supervision.

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

938.52   Facilities for care of juveniles in care of department of corrections.

938.53   Duration of control of department of corrections over delinquents.

938.533   Community supervision.

938.534   Intensive supervision program.

938.535   Early release and intensive supervision program; limits.

938.538   Serious juvenile offender program.

938.539   Type 2 status.

938.54   Records.

938.546   Juvenile treatment court grant program.

938.547   Juvenile alcohol and other drug abuse pilot program.

938.548   Multidisciplinary screen and assessment criteria.

938.549   Juvenile classification system.

SUBCHAPTER XII

COUNTY JUVENILE WELFARE SERVICES

938.57   Powers and duties of county departments providing juvenile welfare services.

938.59   Examination and records.

938.595   Duration of control of county departments over delinquents.

SUBCHAPTER XVII

GENERAL PROVISIONS ON RECORDS

938.78   Confidentiality of records.

SUBCHAPTER XVIII

COMMUNITY SERVICES

938.795   Powers of the department.

SUBCHAPTER XX

MISCELLANEOUS PROVISIONS

938.988   Interstate placement of juveniles.

938.999   Interstate Compact for Juveniles.

938.9995   Expediting interstate placements of juveniles.

subch. I of ch. 938 SUBCHAPTER I

GENERAL PROVISIONS

938.01 938.01 Title, legislative intent and purposes.

938.01(1) (1) Title. This chapter may be cited as “The Juvenile Justice Code”, and shall be liberally construed in accordance with the objectives expressed in this section.

938.01(2) (2) Legislative intent. It is the intent of the legislature to promote a juvenile justice system capable of dealing with the problem of juvenile delinquency, a system which will protect the community, impose accountability for violations of law and equip juvenile offenders with competencies to live responsibly and productively. To effectuate this intent, the legislature declares the following to be equally important purposes of this chapter:

938.01(2)(a) (a) To protect citizens from juvenile crime.

938.01(2)(b) (b) To hold each juvenile offender directly accountable for his or her acts.

938.01(2)(c) (c) To provide an individualized assessment of each alleged and adjudicated delinquent juvenile, in order to prevent further delinquent behavior through the development of competency in the juvenile offender, so that he or she is more capable of living productively and responsibly in the community.

938.01(2)(d) (d) To provide due process through which each juvenile offender and all other interested parties are assured fair hearings, during which constitutional and other legal rights are recognized and enforced.

938.01(2)(e) (e) To divert juveniles from the juvenile justice system through early intervention as warranted, when consistent with the protection of the public.

938.01(2)(f) (f) To respond to a juvenile offender’s needs for care and treatment, consistent with the prevention of delinquency, each juvenile’s best interest and protection of the public, by allowing the court to utilize the most effective dispositional option.

938.01(2)(g) (g) To ensure that victims and witnesses of acts committed by juveniles that result in proceedings under this chapter are, consistent with this chapter and the Wisconsin constitution, afforded the same rights as victims and witnesses of crimes committed by adults, and are treated with dignity, respect, courtesy, and sensitivity throughout those proceedings.

938.01(3) (3) Indian juvenile welfare; declaration of policy. In Indian juvenile custody proceedings, the best interests of the Indian juvenile shall be determined in accordance with the federal Indian Child Welfare Act, 25 USC 1901 to 1963, and the policy specified in this subsection. It is the policy of this state for courts and agencies responsible for juvenile welfare to do all of the following:

938.01(3)(a) (a) Cooperate fully with Indian tribes in order to ensure that the federal Indian Child Welfare Act is enforced in this state.

938.01(3)(b) (b) Protect the best interests of Indian juveniles and promote the stability and security of Indian tribes and families by doing all of the following:

938.01(3)(b)1. 1. Establishing minimum standards for the removal of Indian juveniles from their families and the placement of those juveniles in out-of-home care placements that will reflect the unique value of Indian culture.

938.01(3)(b)2. 2. Using practices, in accordance with the federal Indian Child Welfare Act, 25 USC 1901 to 1963, this section, and other applicable law, that are designed to prevent the voluntary or involuntary out-of-home care placement of Indian juveniles and, when an out-of-home care placement is necessary, placing an Indian juvenile in a placement that reflects the unique values of the Indian juvenile’s tribal culture and that is best able to assist the Indian juvenile in establishing, developing, and maintaining a political, cultural, and social relationship with the Indian juvenile’s tribe and tribal community.

938.01 History History: 1995 a. 77; 2005 a. 344; 2009 a. 94.

938.01 Annotation The due process standard in juvenile proceedings is fundamental fairness. Basic requirements are discussed. In Interest of D.O.H., 76 Wis. 2d 286, 251 N.W.2d 196 (1976).

938.01 Annotation Time Ripe for Change. Barry & Ladwig. Wis. Law. Apr. 1996.

938.02 938.02 Definitions. In this chapter:

938.02(1) (1) “Adult” means a person who is 18 years of age or older, except that for purposes of investigating or prosecuting a person who is alleged to have violated any state or federal criminal law or any civil law or municipal ordinance, “adult” means a person who has attained 17 years of age.

938.02(1g) (1g) “Age or developmentally appropriate activities” means activities that are generally accepted as suitable for juveniles of a given chronological age or level of maturity or that are determined to be developmentally appropriate for a juvenile based on the cognitive, emotional, physical, and behavioral capacities that are typical for juveniles of a given age or age group or, in the case of a specific juvenile, activities that are suitable for the juvenile based on the cognitive, emotional, physical, and behavioral capacities of that juvenile.

938.02(1m) (1m) “Alcoholism” has the meaning given in s. 51.01 (1m).

938.02(1p) (1p) “Alcohol or other drug abuse impairment” means a condition of a person which is exhibited by characteristics of habitual lack of self-control in the use of alcohol beverages, controlled substances or controlled substance analogs to the extent that the person’s health is substantially affected or endangered or the person’s social or economic functioning is substantially disrupted.

938.02(1s) (1s) “Approved treatment facility” has the meaning given in s. 51.01 (2).

938.02(2d) (2d) “Controlled substance” has the meaning given in s. 961.01 (4).

938.02(2e) (2e) “Controlled substance analog” has the meaning given in s. 961.01 (4m).

938.02(2f) (2f) “Coordinated services plan of care” has the meaning given in s. 46.56 (1) (cm).

938.02(2g) (2g) “County department” means a county department under s. 46.215, 46.22 or 46.23, unless the context requires otherwise.

938.02(2m) (2m) “Court,” when used without further qualification, means the court assigned to exercise jurisdiction under this chapter and ch. 48 or, when used with reference to a juvenile who is subject to s. 938.183, a court of criminal jurisdiction or, when used with reference to a juvenile who is subject to s. 938.17 (2), a municipal court.

938.02(3) (3) “Court intake worker” means any person designated to provide intake services under s. 938.067.

938.02(3m) (3m) “Delinquent” means a juvenile who is 10 years of age or older who has violated any state or federal criminal law, except as provided in ss. 938.17, 938.18 and 938.183, or who has committed a contempt of court, as defined in s. 785.01 (1), as specified in s. 938.355 (6g).

938.02(4) (4) “Department” means the department of children and families except that with respect to a juvenile who is under the supervision of the department of corrections under s. 938.183, 938.34 (4h) or (7g), or 938.357 (3) or (4), “department” means the department of corrections.

938.02(5) (5) “Developmental disability” has the meaning given in s. 51.01 (5).

938.02(5g) (5g) “Drug dependent” has the meaning given in s. 51.01 (8b).