Chapter 938, JUVENILE JUSTICE CODE
127 sections in this chapter.
Wis. Stat. § 938.01 Title, legislative intent and purposes
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938.01 Title, legislative intent and purposes. (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. (2) LEGISLATIVE INTENT. It is the intent of the legislature to promote…
Wis. Stat. § 938.02 Definitions
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938.02 Definitions. In this chapter: (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” me…
Wis. Stat. § 938.022 Electronic filing
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938.022 Electronic filing. Section 801.18 shall govern the electronic filing of documents under this chapter. Electronic filing may be made through a custom data exchange between the court case management system and the automated information system used by district attorneys. His…
Wis. Stat. § 938.028 Indian juvenile welfare
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938.028 Indian juvenile welfare. (1) 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 s. 938.01 (3…
Wis. Stat. § 938.03 Time and place of court; absence or disability of judge
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938.03 Time and place of court; absence or disability of judge. (1) TIME AND PLACE OF COURT. The court shall set apart a time and place to hold court on juvenile matters. (2) ABSENCE OR DISABILITY OF JUDGE. In the case of the absence or disability of the judge of a court assigned…
Wis. Stat. § 938.06 Services for court
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938.06 Services for court. 938.06(1)(1) Counties with a population of 750,000 or more. 938.06(1)(a)(a) 938.06(1)(a)1.1. In counties with a population of 750,000 or more, the county board of supervisors shall provide the court with the services necessary for investigating and supe…
Wis. Stat. § 938.067 Powers and duties of intake workers
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938.067 Powers and duties of intake workers. To carry out the objectives of this chapter, intake workers shall do all of the following: (1) SCREENING. Provide intake services 24 hours a day, 7 days a week, for the purpose of screening juveniles taken into custody and not released…
Wis. Stat. § 938.069 Powers and duties of disposition staff
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938.069 Powers and duties of disposition staff. (1) DUTIES. The staff of the department of corrections shall provide community supervision services for juveniles as provided in s. 938.533. Subject to sub. (2), the staff of the department of corrections, the court, a county depart…
Wis. Stat. § 938.07 Additional sources of court services
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938.07 Additional sources of court services. If the county board of supervisors has complied with s. 938.06, the court may obtain supplementary services for investigating cases and providing supervision of cases from one or more of the following sources: (2) LICENSED CHILD WELFAR…
Wis. Stat. § 938.08 Duties of person furnishing services to court
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938.08 Duties of person furnishing services to court. 938.08(1)(1) Investigations; reports. A person appointed to furnish services to the court under ss. 938.06 and 938.07 shall make any investigations and exercise any discretionary powers that the court may direct, keep a writte…
Wis. Stat. § 938.09 Representation of the interests of the public
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938.09 Representation of the interests of the public. The interests of the public shall be represented in proceedings under this chapter as follows: (1) DELINQUENCY. By the district attorney, in any matter under s. 938.12. (2) CIVIL LAW VIOLATION. By the district attorney or, if …
Wis. Stat. § 938.10 Power of the judge to act as intake worker
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938.10 Power of the judge to act as intake worker. The duties of the intake worker may be carried out by the judge at his or her discretion, except that if a request to file a petition is made, a citation is issued, or a deferred prosecution agreement is entered into, the judge i…
Wis. Stat. § 938.12 Jurisdiction over juveniles alleged to be delinquent
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938.12 Jurisdiction over juveniles alleged to be delinquent. (1) IN GENERAL. The court has exclusive jurisdiction, except as provided in ss. 938.17, 938.18, and 938.183, over any juvenile 10 years of age or older who is alleged to be delinquent. (2) SEVENTEEN-YEAR-OLDS. If a peti…
Wis. Stat. § 938.125 Jurisdiction over juveniles alleged to have violated civil laws or ordinances
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938.125 Jurisdiction over juveniles alleged to have violated civil laws or ordinances. The court has exclusive jurisdiction over a juvenile alleged to have violated a law punishable by forfeiture or a county, town, or other municipal ordinance, except as follows: (1) As provided …
Wis. Stat. § 938.13 Jurisdiction over juveniles alleged to be in need of protection or services
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938.13 Jurisdiction over juveniles alleged to be in need of protection or services. Except as provided in s. 938.028 (3), the court has exclusive original jurisdiction over a juvenile alleged to be in need of protection or services which can be ordered by the court if any of the …
Wis. Stat. § 938.135 Referral of juveniles to proceedings under ch. 51 or 55
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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 develo…
Wis. Stat. § 938.14 Jurisdiction over interstate compact proceedings
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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.
Wis. Stat. § 938.15 Jurisdiction of other courts to determine legal custody
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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 j…
Wis. Stat. § 938.17 Jurisdiction over traffic, boating, snowmobile, all-terrain vehicle, and utility terrain vehicle violations and over civil law and ordinance violations
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938.17 Jurisdiction over traffic, boating, snowmobile, all-terrain vehicle, and utility terrain vehicle violations and over civil law and ordinance violations. (1) TRAFFIC, BOATING, SNOWMOBILE, ALL-TERRAIN VEHICLE, UTILITY TERRAIN VEHICLE, AND LIMITED USE OFF-HIGHWAY MOTORCYCLE V…
Wis. Stat. § 938.18 Jurisdiction for criminal proceedings for juveniles 14 or older; waiver hearing
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938.18 Jurisdiction for criminal proceedings for juveniles 14 or older; waiver hearing. (1) WAIVER OF JUVENILE COURT JURISDICTION; CONDITIONS FOR. Subject to s. 938.183, a petition requesting the court to waive its jurisdiction under this chapter may be filed if the juvenile meet…
Wis. Stat. § 938.183 Original adult court jurisdiction for criminal proceedings
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938.183 Original adult court jurisdiction for criminal proceedings. (1) JUVENILES UNDER ADULT COURT JURISDICTION. Notwithstanding ss. 938.12 (1) and 938.18, courts of criminal jurisdiction have exclusive original jurisdiction over all of the following: (a) A juvenile who has been…
Wis. Stat. § 938.185 Venue
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938.185 Venue. (1) PROCEEDINGS GENERALLY. Subject to subs. (3) and (4), venue for any proceeding under ss. 938.12, 938.125, 938.13, 938.135, and 938.18 may be in any of the following: (a) The county where the juvenile resides. (b) The county where the juvenile is present. (c) In …
Wis. Stat. § 938.19 Taking a juvenile into custody
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938.19 Taking a juvenile into custody. (1) CRITERIA. A juvenile may be taken into custody under any of the following: (a) A warrant. (b) A capias issued by a court under s. 938.28. (c) A court order if there is a showing that the welfare of the juvenile demands that the juvenile …
Wis. Stat. § 938.195 Recording custodial interrogations
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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 fa…
Wis. Stat. § 938.20 Release or delivery from custody
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938.20 Release or delivery from custody. 938.20(2)(2) Release of juvenile. 938.20(2)(ag)(ag) Except as provided in pars. (b) to (g), a person taking a juvenile into custody shall make every effort to release the juvenile immediately to the juvenile’s parent, guardian, legal custo…
Wis. Stat. § 938.205 Criteria for holding a juvenile in physical custody
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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…
Wis. Stat. § 938.207 Places where a juvenile may be held in nonsecure custody
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938.207 Places where a juvenile may be held in nonsecure custody. (1) WHERE MAY BE HELD. A juvenile held in physical custody under s. 938.205 may be held in any of the following places: (a) The home of a parent or guardian, except that a juvenile may not be held in the home of a …
Wis. Stat. § 938.208 Criteria for holding a juvenile in a juvenile detention facility
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938.208 Criteria for holding a juvenile in a juvenile detention facility. A juvenile may be held in a juvenile detention facility if the intake worker determines that any of the following conditions applies: (1) DELINQUENT ACT AND RISK OF HARM OR RUNNING AWAY. Probable cause exis…
Wis. Stat. § 938.209 Criteria for holding a juvenile in a county jail or a municipal lockup facility
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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 facili…
Wis. Stat. § 938.21 Hearing for juvenile in custody
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938.21 Hearing for juvenile in custody. 938.21(1)(1) Hearing; when held. 938.21(1)(a)(a) If a juvenile who has been taken into custody is not released under s. 938.20, a hearing to determine whether to continue to hold the juvenile in custody under the criteria of ss. 938.205 to …
Wis. Stat. § 938.217 Change in placement; juvenile held in custody
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938.217 Change in placement; juvenile held in custody. (1) REQUEST BY INTAKE WORKER, AGENCY RESPONSIBLE FOR CUSTODY ORDER, OR PROSECUTOR. (a) Applicable procedures. 1. Except as provided in subd. 2., the intake worker, the agency primarily responsible for providing services under…
Wis. Stat. § 938.22 County and private juvenile facilities
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938.22 County and private juvenile facilities. 938.22(1)(1) Establishment and policies. 938.22(1)(a)(a) The county board of supervisors of a county may establish a juvenile detention facility or secured residential care center for children and youth in accordance with ss. 301.36 …
Wis. Stat. § 938.222 Contracts with private entities for juvenile detention facility services
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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 m…
Wis. Stat. § 938.223 Contracts with Minnesota counties for juvenile detention facility services
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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 Minn…
Wis. Stat. § 938.224 Contracts with department for juvenile detention facility services
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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 hold…
Wis. Stat. § 938.225 Statewide plan for juvenile detention and correctional facilities
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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 …
Wis. Stat. § 938.23 Right to counsel
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938.23 Right to counsel. (1g) DEFINITION. In this section, “counsel” means an attorney acting as adversary counsel. (1j) DUTIES OF COUNSEL. Counsel shall advance and protect the legal rights of the party represented. Counsel may not act as guardian ad litem for any party in the s…
Wis. Stat. § 938.235 Guardian ad litem
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938.235 Guardian ad litem. (1) APPOINTMENT. (a) The court may appoint a guardian ad litem in any appropriate matter under this chapter. (e) The court shall appoint a guardian ad litem, or extend the appointment of a guardian ad litem previously appointed under par. (a), for any j…
Wis. Stat. § 938.237 Civil law and ordinance proceedings initiated by citation in the court assigned to exercise jurisdiction under this chapter and ch. 48
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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 violatio…
Wis. Stat. § 938.24 Receipt of jurisdictional information; intake inquiry
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938.24 Receipt of jurisdictional information; intake inquiry. (1) REFERRAL OF INFORMATION TO INTAKE WORKER; INQUIRY. Except when a citation has been issued under s. 938.17 (2), information indicating that a juvenile should be referred to the court as delinquent, in need of protec…
Wis. Stat. § 938.243 Basic rights: duty of intake worker
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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…
Wis. Stat. § 938.245 Deferred prosecution
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938.245 Deferred prosecution. (1) WHEN AVAILABLE. An intake worker may enter into a written deferred prosecution agreement with all parties as provided in this section if all of the following apply: (a) The intake worker has determined that neither the interests of the juvenile n…
Wis. Stat. § 938.25 Petition: authorization to file
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938.25 Petition: authorization to file. (1) REQUIREMENTS; WHO MAY FILE. A petition initiating proceedings under this chapter shall be signed by a person who has knowledge of the facts alleged or is informed of them and believes them to be true. The district attorney shall prepare…
Wis. Stat. § 938.255 Petition; form and content
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938.255 Petition; form and content. (1) TITLE AND CONTENTS. A petition initiating proceedings under this chapter, other than a petition initiating proceedings under s. 938.12, 938.125, or 938.13 (12), shall be entitled, “In the interest of (juvenile’s name), a person under the ag…
Wis. Stat. § 938.263 Amendment of petition
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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 …
Wis. Stat. § 938.265 Consultation with victims
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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 u…
Wis. Stat. § 938.27 Notice; summons
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938.27 Notice; summons. (1) SUMMONS; WHEN ISSUED. After a citation is issued or a petition has been filed relating to facts concerning a situation specified under s. 938.12, 938.125 or 938.13, unless the parties under sub. (3) voluntarily appear, the court may issue a summons req…
Wis. Stat. § 938.273 Service of summons or notice; expense
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938.273 Service of summons or notice; expense. (1) METHODS OF SERVICE; CONTINUANCE. (a) Except as provided in pars. (ag), (ar), and (b), service of summons or notice required by s. 938.27 may be made by mailing a copy of the summons or notice to the person summoned or notified. (…
Wis. Stat. § 938.275 Parents’ contribution to cost of custody, sanctions and court and legal services
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938.275 Parents’ contribution to cost of custody, sanctions and court and legal services. (1) EXPENSE OF CUSTODY, SERVICES, SANCTIONS, OR PLACEMENT. (a) If a juvenile is held in custody under ss. 938.20 to 938.21, the court shall order the parents of the juvenile to contribute to…
Wis. Stat. § 938.28 Failure to obey summons; capias
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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 summon…