Chapter 938, JUVENILE JUSTICE CODE

127 sections in this chapter.

127 sectionsFiltered byCh 938

Wis. Stat. § 938.29 Substitution of judge
3.6K chars
938.29 Substitution of judge. (1) REQUEST FOR SUBSTITUTION. Except as provided in sub. (1g), the juvenile, either before or during the plea hearing, may file a written request with the clerk of the court or other person acting as the clerk for a substitution of the judge assigned…
Wis. Stat. § 938.293 Discovery
2.3K chars
938.293 Discovery. (1) LAW ENFORCEMENT REPORTS. Copies of all law enforcement officer reports, including the officer’s memorandum and witnesses’ statements, shall be made available upon request to counsel or guardian ad litem prior to a plea hearing. The reports shall be availabl…
Wis. Stat. § 938.295 Physical, psychological, mental or developmental examination
6.8K chars
938.295 Physical, psychological, mental or developmental examination. (1) EXAMINATION OR ASSESSMENT OF JUVENILE OR PARENT. (a) After the filing of a petition and upon a finding by the court that reasonable cause exists to warrant a physical, psychological, mental, or developmenta…
Wis. Stat. § 938.296 Testing for HIV infection and certain diseases
7.8K chars
938.296 Testing for HIV infection and certain diseases. (1) DEFINITIONS. In this section: (a) “Health care professional” has the meaning given in s. 252.15 (1) (am). (b) “HIV” has the meaning given in s. 252.01 (1m). (bm) “HIV test” has the meaning given in s. 252.01 (2m). (c) “S…
Wis. Stat. § 938.2965 Waiting area for victims and witnesses
0.7K chars
938.2965 Waiting area for victims and witnesses. (1) DEFINITION. In this section, “witness” has the meaning given in s. 950.02 (5). (2) COUNTY TO PROVIDE. If an area is available and use of the area is practical, a county shall provide a waiting area for a victim or witness to us…
Wis. Stat. § 938.297 Motions before trial
2.6K chars
938.297 Motions before trial. (1) MOTIONS ABLE TO BE DETERMINED WITHOUT TRIAL. Any motion which is capable of determination without trial of the general issue may be made before trial. (2) DEFENSES AND OBJECTIONS BASED ON PETITIONS FOR CI- TATION. If defenses and objections based…
Wis. Stat. § 938.299 Procedures at hearings
16.4K chars
938.299 Procedures at hearings. (1) CLOSED HEARINGS; EXCEPTIONS. (a) Except as provided in par. (ar), the general public shall be excluded from hearings under this chapter unless a public fact-finding hearing is demanded by a juvenile through his or her counsel. The court shall r…
Wis. Stat. § 938.30 Plea hearing
16.3K chars
938.30 Plea hearing. (1) TIME OF HEARING. Except as provided in this subsection and s. 938.299 (10), the hearing to determine the juvenile’s plea to a citation or a petition under s. 938.12, 938.125, or 938.13 (12) or (14), or to determine whether any party wishes to contest an a…
Wis. Stat. § 938.305 Hearing upon the involuntary removal of a juvenile
0.7K chars
938.305 Hearing upon the involuntary removal of a juvenile. Notwithstanding other time periods for hearings under this chapter, if a juvenile is removed from the physical custody of the juvenile’s parent or guardian under s. 938.19 (1) (c) or (d) 5. without the consent of the par…
Wis. Stat. § 938.31 Fact-finding hearing
9.1K chars
938.31 Fact-finding hearing. (1) DEFINITION. In this section, “fact-finding hearing” means a hearing to determine if the allegations of a petition under s. 938.12 or 938.13 (12) are supported beyond a reasonable doubt or a hearing to determine if the allegations in a petition or …
Wis. Stat. § 938.312 Notice of dismissal
0.5K chars
938.312 Notice of dismissal. If a petition alleges that a juvenile is delinquent under s. 938.12 or in need of protection or services under s. 938.13 (12) and the petition is dismissed or does not otherwise result in a consent decree or dispositional order, the district attorney …
Wis. Stat. § 938.315 Delays, continuances and extensions
5.9K chars
938.315 Delays, continuances and extensions. (1) TIME PERIODS TO BE EXCLUDED. The following time periods shall be excluded in computing time periods under this chapter: (a) Any period of delay resulting from any of the following: 1. Other legal actions concerning the juvenile, in…
Wis. Stat. § 938.317 Jeopardy
24.4K chars
938.317 Jeopardy. sworn. Jeopardy attaches when a witness is History: 1995 a. 77. 938.32 Consent decree. (1) WHEN ORDERED; TERMS; (a) At any time after the filing of a petition for a proceeding relating to s. 938.12 or 938.13 and before the entry of judgment, the court may suspen…
Wis. Stat. § 938.32 Consent decree
23.6K chars
938.32 Consent decree. 938.32(1)(1) When ordered; terms; victims’ rights; procedures. 938.32(1)(a)(a) At any time after the filing of a petition for a proceeding relating to s. 938.12 or 938.13 and before the entry of judgment, the court may suspend the proceedings and place the …
Wis. Stat. § 938.325 Proceedings by telephone or live audiovisual means
1.0K chars
938.325 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…
Wis. Stat. § 938.33 Court reports
11.5K chars
938.33 Court reports. (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: (a) The soc…
Wis. Stat. § 938.331 Court reports; effect on victim
0.9K chars
938.331 Court reports; effect on victim. If the delinquent act would constitute a felony if committed by an adult, the person preparing the report under s. 938.33 (1) shall attempt to determine the economic, physical and psychological effect of the delinquent act on the victim, a…
Wis. Stat. § 938.335 Dispositional hearings
7.1K chars
938.335 Dispositional hearings. (1) WHEN REQUIRED. The court shall conduct a hearing to determine the disposition of a case in which a juvenile is adjudged to be delinquent under s. 938.12, to have violated a civil law or ordinance under s. 938.125, or to be in need of protection…
Wis. Stat. § 938.34 Disposition of juvenile adjudged delinquent
52.1K chars
938.34 Disposition of juvenile adjudged delinquent. If the court adjudges a juvenile delinquent, the court shall enter an order deciding one or more of the dispositions of the case as provided in this section under a care and treatment plan. A disposition under sub. (4m) must be …
Wis. Stat. § 938.341 Delinquency adjudication; restriction on firearm possession
0.3K chars
938.341 Delinquency adjudication; restriction on firearm possession. Whenever a court adjudicates a juvenile delinquent for an act that if committed by an adult in this state would be a felony, the court shall inform the juvenile of the requirements and penalties under s. 941.29.…
Wis. Stat. § 938.3415 Delinquency adjudication; restriction on body armor possession
0.3K chars
938.3415 Delinquency adjudication; restriction on body armor possession. Whenever a court adjudicates a juvenile delinquent for an act that if committed by an adult in this state would be a violent felony, as defined in s. 941.291 (1) (b), the court shall inform the juvenile of t…
Wis. Stat. § 938.342 Disposition; truancy and school dropout ordinance violations
8.3K chars
938.342 Disposition; truancy and school dropout ordinance violations. (1d) TRUANCY ORDINANCE VIOLATIONS. If the court finds that the person violated a municipal ordinance enacted under s. 118.163 (1m), the court shall enter an order making one or more of the following disposition…
Wis. Stat. § 938.343 Disposition of juvenile adjudged to have violated a civil law or an ordinance
7.1K chars
938.343 Disposition of juvenile adjudged to have violated a civil law or an ordinance. Except as provided by ss. 938.342 and 938.344, if the court finds that the juvenile violated a civil law or an ordinance, the court shall enter an order making one or more of the following disp…
Wis. Stat. § 938.344 Disposition; certain intoxicating liquor, beer and drug violations
10.7K chars
938.344 Disposition; certain intoxicating liquor, beer and drug violations. (2) UNDERAGE ALCOHOL POSSESSION OR POSSESSION ON SCHOOL GROUNDS. If a court finds a juvenile committed a violation under s. 125.07 (4) (b) or 125.09 (2), or a local ordinance that strictly conforms to one…
Wis. Stat. § 938.345 Disposition of juvenile adjudged in need of protection or services
5.5K chars
938.345 Disposition of juvenile adjudged in need of protection or services. (1) DISPOSITIONAL ORDER. If the court finds that the juvenile is in need of protection or services, the court shall enter an order including one or more of the dispositions under s. 938.34 under a care an…
Wis. Stat. § 938.346 Notice to victims of juveniles’ acts
9.3K chars
938.346 Notice to victims of juveniles’ acts. (1) INFORMATION TO VICTIMS. Each known victim of a juvenile’s act shall receive timely notice of the following information: (a) The procedures under s. 938.396 (1) (c) 5. and 6. for obtaining the identity of the juvenile and the juven…
Wis. Stat. § 938.35 Effect of judgment and disposition
2.2K chars
938.35 Effect of judgment and disposition. 938.35(1)(1) Effect and admissibility of judgment. The court shall enter a judgment setting forth the court’s findings and disposition in the proceeding. A judgment in a proceeding on a petition under this chapter is not a conviction of …
Wis. Stat. § 938.355 Dispositional orders
80.8K chars
938.355 Dispositional orders. (1) INTENT. In any order under s. 938.34 or 938.345, the court shall decide on a placement and treatment finding based on evidence submitted to the court. The disposition shall employ those means necessary to promote the objectives under s. 938.01. I…
Wis. Stat. § 938.356 Duty of court to warn
1.0K chars
938.356 Duty of court to warn. (1) ORAL WARNING. Whenever the court orders a juvenile to be placed outside his or her home or denies a parent visitation because the juvenile has been adjudged to be delinquent or to be in need of protection or services under s. 938.34, 938.345, 93…
Wis. Stat. § 938.357 Change in placement; juvenile subject to dispositional order
66.7K chars
938.357 Change in placement; juvenile subject to dispositional order. (1) REQUEST BY PERSON OR AGENCY RESPONSIBLE FOR ORDER OR PROSECUTOR. (a) Applicable procedures. The person or agency primarily responsible for implementing the dispositional order, the district attorney, or the…
Wis. Stat. § 938.358 Trial reunification
11.5K chars
938.358 Trial reunification. (1) DEFINITION. In this section: (a) “Trial reunification” means a period of 7 consecutive days or longer, but not exceeding 150 days, during which a juvenile who is placed in an out-of-home placement under s. 938.355 or 938.357 resides in the home of…
Wis. Stat. § 938.36 Payment for services
2.8K chars
938.36 Payment for services. (1) RESIDENTIAL SERVICES; PARENTAL DUTY TO SUPPORT. (a) If legal custody is transferred from the parent or guardian or the court otherwise designates an alternative placement for the juvenile by a consent decree under s. 938.32, a disposition made und…
Wis. Stat. § 938.361 Payment for alcohol and other drug abuse services
3.9K chars
938.361 Payment for alcohol and other drug abuse services. (1) DEFINITIONS. In this section: (a) “Alcohol and other drug abuse services” means all of the following: 1. Any alcohol or other drug abuse examination or assessment ordered under s. 938.295 (1), 938.34 (14s) (b) 1., 938…
Wis. Stat. § 938.362 Payment for certain special treatment or care services
2.2K chars
938.362 Payment for certain special treatment or care services. (1) DEFINITION. In this section, “special treatment or care” has the meaning given in s. 938.02 (17m), except that it does not include alcohol and other drug abuse services. (2) APPLICABILITY. This section applies to…
Wis. Stat. § 938.363 Revision of dispositional orders
5.5K chars
938.363 Revision of dispositional orders. (1) REQUESTS FOR REVISION. (a) A juvenile, the juvenile’s parent, guardian, or legal custodian, any person or agency bound by a dispositional order, the district attorney or corporation counsel in the county in which the dispositional ord…
Wis. Stat. § 938.364 Dismissal of certain dispositional orders
0.5K chars
938.364 Dismissal of certain dispositional orders. A juvenile, the juvenile’s parent, guardian, or legal custodian, or the district attorney or corporation counsel in the county in which the dispositional order was entered may request the court to dismiss an order under s. 938.34…
Wis. Stat. § 938.365 Extension of orders
16.2K chars
938.365 Extension of orders. (1) DATE ON WHICH JUVENILE PLACED OUTSIDE HOME. In this section, a juvenile is considered to have been placed outside of his or her home on the date on which the juvenile was first removed from his or her home, except that a juvenile who was removed f…
Wis. Stat. § 938.366 Extended out-of-home care
10.2K chars
938.366 Extended out-of-home care. (1) APPLICABILITY. This section applies to a person who is a full-time student of a secondary school or its vocational or technical equivalent, for whom an individualized education program under s. 115.787 is in effect, and to whom any of the fo…
Wis. Stat. § 938.368 Continuation of dispositional orders
1.3K chars
938.368 Continuation of dispositional orders. (1) TERMINATION OF PARENTAL RIGHTS PROCEEDINGS. If a petition for termination of parental rights is filed under s. 48.41 or 48.415 or an appeal from a judgment terminating or denying termination of parental rights is filed during the …
Wis. Stat. § 938.37 Costs
0.7K chars
938.37 Costs. (1) JUVENILE COURT. A court assigned to exercise jurisdiction under this chapter and ch. 48 may not impose costs, fees, or surcharges under ch. 814 against a juvenile under 14 years of age. A court may impose costs, fees, and surcharges under ch. 814 against a juven…
Wis. Stat. § 938.371 Access to certain information by substitute care provider
5.2K chars
938.371 Access to certain information by substitute care provider. (1) MEDICAL INFORMATION. If a juvenile is placed in a foster home, group home, residential care center for children and youth, or juvenile correctional facility, in the home of a relative other than a parent, or i…
Wis. Stat. § 938.373 Medical authorization
0.8K chars
938.373 Medical authorization. (1) AUTHORIZATION BY COURT. The court assigned to exercise jurisdiction under this chapter and ch. 48 may authorize medical services including surgical procedures when needed if the court assigned to exercise jurisdiction under this chapter and ch. …
Wis. Stat. § 938.38 Permanency planning
52.2K chars
938.38 Permanency planning. (1) DEFINITIONS. In this section: (a) “Agency” means the department of children and families, the department of corrections, a county department, or a licensed child welfare agency. (ag) “Family permanency team” means the team of individuals assembled …
Wis. Stat. § 938.383 Reasonable and prudent parent standard
3.9K chars
938.383 Reasonable and prudent parent standard. (1) USE OF STANDARD BY OUT-OF-HOME CARE PROVIDERS. An out-of-home care provider shall use the reasonable and prudent parent standard in making decisions concerning a juvenile’s participation in age or developmentally appropriate ext…
Wis. Stat. § 938.385 Plan for transition to independent living
2.2K chars
938.385 Plan for transition to independent living. During the 90 days immediately before a juvenile who is placed in a foster home, group home, or residential care center for children and youth, in the home of a relative other than a parent, in the home of like-kin, or in a super…
Wis. Stat. § 938.39 Disposition by court bars criminal proceeding
0.8K chars
938.39 Disposition by court bars criminal proceeding. Disposition by the court of any violation of state law within its jurisdiction under s. 938.12 bars any future criminal proceeding on the same matter in circuit court when the juvenile reaches the age of 17. This section does …
Wis. Stat. § 938.396 Records
42.6K chars
938.396 Records. (1) LAW ENFORCEMENT RECORDS. (a) Confidentiality. Law enforcement agency records of juveniles shall be kept separate from records of adults. Law enforcement agency records of juveniles may not be open to inspection or their contents disclosed except under par. (b…
Wis. Stat. § 938.44 Jurisdiction over persons 17 or older
5.9K chars
938.44 Jurisdiction over persons 17 or older. The court has jurisdiction over persons 17 years of age or older as provided under ss. 938.355 (4), 938.357 (6), 938.365 (5), and 938.45 and as otherwise specified in this chapter. History: 1995 a. 77; 2005 a. 344; 2013 a. 334. 938.45…
Wis. Stat. § 938.45 Orders applicable to adults
5.0K chars
938.45 Orders applicable to adults. 938.45(1)(1) Orders when adult contributed to condition of juvenile. 938.45(1)(a)(a) If in the hearing of a case of a juvenile alleged to be delinquent under s. 938.12 or in need of protection or services under s. 938.13 it appears that any per…
Wis. Stat. § 938.46 New evidence
0.6K chars
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 ev…