Petition: authorization to file

938.25 is withdrawn or dismissed, or the order is modified or terminated by further order of the court. (6) AMENDMENT OF ORDER. An order under sub. (4) (a) may be amended at any time, with notice, so as to place the juvenile in another form of custody for failure to conform to the conditions originally imposed. A juvenile may be transferred to secure custody if he or she meets the criteria of s. 938.208. (7) DEFERRED PROSECUTION. If the court determines that the best interests of the juvenile and the public are served, the court may enter a consent decree under s. 938.32 or dismiss the petition and refer the matter to the intake worker for deferred prosecution in accordance with s. 938.245. History: 1995 a. 77, 275; 1997 a. 35, 237, 296; 2001 a. 16, 61, 109; 2005 a. 344; 2007 a. 20, 97; 2009 a. 28, 79, 94, 180; 2011 a. 181; 2013 a. 20, 214; 2015 a. 101, 373; 2021 a. 42. When a district attorney receives notice of a deferred prosecution agreement from an intake worker under s. 938.24 (5), the 20 days during which the district attorney may terminate the agreement under s. 938.245 (6) begins. When a court orders a deferred prosecution agreement under sub. (7), the intake worker need not notify the district attorney and nothing triggers a district attorney’s authority to terminate the agreement under s. 938.245 (6). An order under sub. (7) dismissing a petition and referring for deferred prosecution does not require district attorney consent. The district attorney may not override the order by filing a new petition with the same charges and facts. State v. Lindsey A.F., 2002 WI App 223, 257 Wis. 2d 650, 653 N.W.2d 116, 01-0081. Affirmed. 2003 WI 63, 262 Wis. 2d 200, 663 N.W.2d 757, 01-0081. Deferred prosecutions under sub. (7) are not limited to situations in which the child is in custody. State v. Lindsey A.F., 2003 WI 63, 262 Wis. 2d 200, 663 N.W.2d 757, 01-0081. Sub. (7) grants the circuit court the authority to enter a consent decree if the best interests of the juvenile and the public are served, but it must do so under the confines of s. 938.32, which mandates that all parties, including the district attorney, must agree before a valid consent decree may be entered. A juvenile court does not have the authority to enter a consent decree over the objection of the district attorney. State v. C.G.B., 2017 WI App 32, 375 Wis. 2d 781, 896 N.W.2d 387, 16-0668.