Wisconsin Code § 938.33

Court reports
Open in Lexace · Ask the AI about this section
(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 social history of the juvenile.
(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.
(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.
(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.
(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.
(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.
(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.
(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:
(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.
(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.
(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.
(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:
(a) A permanency plan prepared under s. 938.38.
(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.
(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.
(cm) A statement indicating whether the recommended placement is certified under s. 48.675.
(cr) 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:
a. Whether the proposed placement will provide the juvenile
with the most effective and appropriate level of care in the least
restrictive environment.
b. How the placement is consistent with the short-term and
long-term goals for the juvenile, as specified in the permanency
plan.
c. The reasons why the juvenile’s needs can or cannot be met
by the juvenile’s family or in a foster home. A shortage or lack of
foster homes is not an acceptable reason for determining that the
juvenile’s needs cannot be met in a foster home.
d. The placement preference of the family permanency team
under s. 938.38 (3m) and, if that preference is not the placement
recommended by the qualified individual, why that recommended placement is not preferred.
2. If the information under subd. 1. is not available at the
time of the report, the agency shall submit it by the date of the
dispositional hearing or, if it is not available on that date, no later
than 30 days after the date on which the placement was made.
(d) 1. If the juvenile has one or more siblings, as defined in s.
938.38 (4) (br) 1., who have been removed from the home or for
whom an out-of-home placement is recommended, specific information showing that the county department or agency primarily
responsible for providing services to the juvenile has made reasonable efforts to place the juvenile in a placement that enables
the sibling group to remain together, unless the county department or agency recommends that the juvenile and his or her siblings not be placed in a joint placement, in which case the report
shall include specific information showing that a joint placement
would be contrary to the safety or well-being of the juvenile or
any of those siblings and the specific information required under
subd. 2.
2. If a recommendation is made that the juvenile and his or
her siblings not be placed in a joint placement, specific information showing that the county department or agency has made reasonable efforts to provide for frequent visitation or other ongoing
interaction between the juvenile and the siblings, unless the
county department or agency recommends that such visitation or
interaction not be provided, in which case the report shall include
specific information showing that such visitation or interaction
would be contrary to the safety or well-being of the juvenile or
any of those siblings.
(dm) In the case of a proceeding under s. 938.13 (4) , (6),
(6m), or (7), if the agency knows or has reason to know that the
juvenile is an Indian juvenile who is being removed from the
home of his or her parent or Indian custodian, a description of any
efforts undertaken to determine whether the juvenile is an Indian
juvenile; specific information showing that continued custody of
the juvenile by the parent or Indian custodian is likely to result in
serious emotional or physical damage to the juvenile, under s.
938.028 (4) (d) 1. ; specific information showing that active efforts under s. 938.028 (4) (d) 2. have been made to prevent the
breakup of the Indian juvenile’s family and that those efforts have
proved unsuccessful; a statement as to whether the out-of-home
care placement recommended is in compliance with the order of
placement preference under s. 938.028 (6) (a) or, if applicable, s.
938.028 (6) (b) ; and, if the recommended placement is not in
compliance with that order, specific information showing good
cause, as described in s. 938.028 (6) (d), for departing from that
order.
(4m) SUPPORT RECOMMENDATIONS; INFORMATION TO PARENTS. In making a recommendation for an amount of child support under sub. (3) or (4), the agency shall consider the factors
under s. 301.12 (14) (c) . At or before the dispositional hearing
under s. 938.335, the agency shall provide the juvenile’s parent
with all of the following:
(a) Its recommendation for child support.
(b) A written explanation of how the parent may request that
the court modify the amount of child support under s. 301.12 (14)
(c).
(c) A written explanation of how the parent may request a revision under s. 938.363 in the amount of child support ordered by
the court under s. 938.355 (2) (b) 4.
(5) IDENTITY OF FOSTER PARENT; CONFIDENTIALITY. If the
report recommends placement in a foster home, and the name of
the foster parent is not available at the time the report is filed, the
agency shall provide the court and the juvenile’s parent or
guardian with the name and address of the foster parent within 21
days after the dispositional order is entered, except that the court
may order the information withheld from the juvenile’s parent or
guardian if the court finds that disclosure would result in imminent danger to the juvenile or to the foster parent. After notifying
the juvenile’s parent or guardian, the court shall hold a hearing
prior to ordering the information withheld.
(6) RETENTION. Reports submitted under this section shall
be retained in the record of the pending action, which shall be
made available to the agency that is designated to supervise the

juvenile under a disposition under s. 938.34 or a change of placement order under s. 938.357.

‹ Prev All Wisconsin sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.