2017 Wisconsin Statutes & Annotations
Chapter 938. Juvenile justice code.
938.243 Basic rights: duty of intake worker.

Universal Citation: WI Stat § 938.243 (2017)

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 10 years of age or older who is the focus of an inquiry regarding the need for protection or services under s. 938.13 (4), (6), (6m), or (7), and the parents of those juveniles of all of the following:

(ag) That the referral may result in a petition to the court.

(am) What allegations may be in the petition to the court.

(b) The nature and possible consequences of the proceedings including the provisions of ss. 938.17 and 938.18 if applicable.

(c) The right to remain silent, the fact that in a delinquency proceeding the silence of the juvenile is not to be adversely considered by the court, and the fact that in a nondelinquency proceeding the silence of any party may be relevant in the proceeding.

(d) The right to confront and cross-examine those appearing against them.

(e) The right to counsel under s. 938.23.

(f) The right to present and subpoena witnesses.

(h) The right to have the allegations of the petition proved by clear and convincing evidence unless the juvenile is within the court's jurisdiction under s. 938.12 or 938.13 (12), in which case the standard of proof is beyond a reasonable doubt.

(1m)Disclosure of information for use in civil damages action. If the juvenile who is the subject of the intake inquiry is alleged to have committed an act that resulted in personal injury or damage to or loss of the property of another, the intake worker shall inform the juvenile's parents in writing of all of the following:

(a) The possibility of disclosure of the identity of the juvenile and the parents, of the juvenile's police records, and of the outcome of proceedings against the juvenile for use in civil actions for damages against the juvenile or the parents.

(b) The parents' liability for acts of their juveniles.

(3)Information when juvenile not at intake conference or has not had custody hearing. If the juvenile has not had a hearing under s. 938.21 and was not present at an intake conference under s. 938.24, the intake worker shall notify the juvenile, parent, guardian, and legal custodian as appropriate of their basic rights under this section. The notice shall be given verbally, either in person or by telephone, and in writing. The notice shall be given in sufficient time to allow the juvenile, parent, guardian, or legal custodian to prepare for the plea hearing. This subsection does not apply to cases of deferred prosecution under s. 938.245.

(4)Applicability. This section does not apply if the juvenile was present at a hearing under s. 938.21.

History: 1995 a. 77; 1997 a. 35; 2005 a. 344; 2009 a. 94.

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