State Bar of Wisconsin

Waukesha County Circuit Court Rules
(Third Judicial District)

Juvenile Court Division

Revised: February 21, 2000
Adopted: February 21, 2000

• Rule 1: Filing of Court Documents
• Rule 2: Scheduling
• Rule 3: Motions
• Rule 4: Telephone Appearances/Testimony
• Rule 5: Adjournment Requests
• Rule 6: Disposition Reports
• Rule 7: Confidentiality of Court Records
• Rule 8: Guardian ad Litem
• Rule 9: TPRs, Adoptions and Guardianships
• Rule 10: Facsimile Transmission of Documents to the Court November 2001
• Rule 11: Detention Hearings
• Rule 12: Parent Liability for Court 0rdered Services

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Juvenile Court Division

Rule 1: Filing of Court Documents

1.1 Filing Hours

Documents will be accepted for filing between 8:00 AM and up to 4:30 PM, Monday through Friday, excluding legal holidays as observed by Waukesha County.

A. Office hours are 8:00 AM to 4:30 PM, regardless of whether or not Court is still in session.

B. Documents must be filed at the Juvenile Court Office located at the Childrens Center, 521 Riverview, Waukesha, WI 53188, and not at the main courthouse.

1.2 Filing Dates

Documents presented for filing between 8:00 AM and 4:30 PM, Monday through Friday, excluding legal holidays, via fax, by mail, or in person will be file stamped with the same date as received.

A. Closing deadline will be strictly enforced.

B. Documents presented for filing 4:30 PM by mail, or in person, or via fax transmission will be considered filed the following working day, and will be filed stamped with the following working day's date. (reference Rule #10)

C. If correspondence or a document is transmitted by facsimile machine, original documents are not to be mailed to the Clerk of Juvenile Court office for filing. Original documents are to be maintained by the signing party or his/her attorney.

D. Initiating documents, i.e. Petitions, which include Petitions for Extension, Revision, Change in Placement, cannot be faxed.

1.3 Affidavit of Indigency

A. shall be filled out by petitioner when a filing fee is required, and the petitioner is not financially able to pay;

B. filing fee can only be waived if approved by the Judge;

C. forms are available in the Juvenile Court Clerk's office.

1.4 Filing Fees

Filing Fees are required for Guardianships of a Minor Person.

1.5 Original Petition & Five (5) Copies

Upon filing the original petition, the petitioning party is also to provide an additional five copies, no matter what type of action it is.

1.6 Use of Mandated State Forms

Per Supreme Court Rule all filings must be completed on the mandatory standard court forms.

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Rule 2: Scheduling

2.1 First (Initial) Appearance/Plea Hearing

Involves a formal hearing held in front of the Judge or Court Commissioner whereby the minor child is informed of the allegations in the petition, as well as the constitutional rights he/she is entitled to:

A. Requires an Acknowledgement of Rights form to be completed before the hearing, if minor has an attorney;

B. Acknowledgement of Rights form is available in the hallway outside the courtroom at the Children's Center;

C. Minor must appear with a parent in a Delinquency proceeding;

D. Minor's appearance in a Chapter 48 CHIPS proceeding is not necessary, but both parents and GAL are required to appear, and appearance of minor is discretionary--contact Clerk's office to inquire if minor's appearance is necessary.

E. In Chapter 938 JIPS proceedings, a parent and child must appear.

2.2 Pre-trial Conference

Involves an informal meeting between all parties to address the rights of the parties, time limits, and possible resolution, as well as further scheduling of the matter.

A. All parties must attend the pre-trial either in person or if necessary by telephone in all delinquency and JIPS proceedings;

B. Exception: parent and child in a delinquency matter need not attend the pre-trial if the child is represented by an attorney;

C. In CHIPS matters, all parties are required to attend, except parents and child if represented by counsel.

2.3 Motions

A. May be filed either in person or through the mail;

B. If filed in person, Clerk will:

1. file stamp the original and one copy;
2. ask how much court time is needed;
3. assign a court date;
4. hand the copy back to the person filing the motion to use for service upon the parties;

C. If filed by mail, Clerk will:

1. file stamp the original and one copy;
2. call the attorney to ask how much court time is needed;
3. assign a court date;
4. mail the copy to the person filing the motion to use for service upon the parties;

D. Exception: if the attorney did not include a copy to be returned by mail, when notified by the clerk of the court date, the attorney must insert the date and time on the attorney's copy of the Motion.

2.4 Jury Trials

A. Must have jury status with Judge one to two weeks prior to jury date;
B. Requests for cancellation must be made 48 hours prior to jury date;
C. No adjournments will be granted except for cause;
D. Costs for jurors will be assessed if jury is settled after jurors have arrived.

2.5 Dispositions

A. Does not require a dispositional agreement; if disposition is to be contested, you must advise the court how much hearing time is necessary;
B. All parties must be present;
C. Court Memorandums - see Local Rule #6 (DISPOSITION REPORTS).

2.6 Sanction Motions

A. District Attorney's office is to contact the Clerk for a court date;
B. District Attorney's office is to insert court date and time into the original and duplicate original of the Notice of Motion prior to filing it with the Court;
C. Clerk is to file stamp original and duplicate original after Judge has signed, and return duplicate original to the DA for service upon the parties.

2.7 Contempt Motions

A. Corporation Counsel's office submits an original and duplicate original to the Clerk for a court date;
B. Clerk inserts court date and time;
C. Clerk is to file stamp original and duplicate original after Judge has signed, and return duplicate original to Corporation Counsel for service upon the parties.

2.8 Citations

A. Requests for adjournment are made to the Clerk;
B. Juvenile consumption are mandatory appearances;
C. All other citations (DNR, Truancy, Municipals) do not require an appearance if forfeiture amount has been posted;
D. Failure to appear may result in a default, or issuance of a capias.

2.9 Commitments

A. Will be heard by the Judge depending upon the court's calendar;
B. May be heard with a court commissioner in conjunction with detention hearings if the Judge is not available.

2.10 Guardianships

A. Requires a filing fee;
B. Forms may be obtained through the Juvenile Court Clerk's office or through the Wisconsin Supreme Court Website.

2.11 Temporary Restraining Orders (TROs)

A. Clerk's office is not permitted to assist petitioner in filling out the paperwork;

B. TROs filed in Juvenile Court are:

- filed in conjunction with a CHIPS petition;
- when the respondent is a minor child.

2.12 Termination of Parental Rights and Adoptions

A. Packet Forms may be obtained through the Juvenile Court Clerk's office or through the Wisconsin Supreme Court Website

B. Requires a GAL fee at the time of filing the TPR petition;

C. Filings only permitted after a live birth;

D. No TPR will be accepted for filing without a petition for adoption, unless:

- child to be placed with an agency for adoption;
- both parents' rights have been terminated;

E. No TPRs will be accepted for filing without all necessary documents being completed and fees submitted (refer to guide on forms packets);

F. Agency's home study to be submitted at time of filing with all TPRs filed with a step-parent or relative adoption;

G. Birth certificate fee is required at the time of filing the petition for:

1. Step-parent adoption;
2. Relative Adoption;
3. Finalization from agency placements.

2.13 Petitions for Extension

A. Must be filed at least 30 days prior to the date the order expires.

2.14 Detention Hearings

A. Will be heard in the following order:

• those held in secure detention;
• those cases in which a GAL is appearing;
• whoever is left on the list.

2.15 Cancellations/Adjournments

A. See Local Rule 5 (Adjounrments).

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Rule 3: Motions

3.1 Motion Format

All motions should be made in writing unless otherwise allowed by the court.

3.2 Motion Copies

All motions must be filed with the court and copies provided to each party involved in the case at the same time the motion is filed.

3.3 Motion Content

All motions must specifically state the desired relief sought, and the legal and factual basis for the motion.

3.4 Witnesses

Each motion should state whether the party filing the motion expects any witnesses to testify and must include approximate length of time needed for the hearing.

3.5 Hearing Dates

Hearing dates may be obtained by contacting the court's calendar clerk directly. No motion will be accepted as filed until a date is given. (For scheduling of motions, see Local Rule 2.3.) The date of the hearing must be included on all copies provided to the parties.

3.6 Filed Within 10 Days after the Initial Hearing

All motions must be filed within 10 days after the initial hearing. If additional time is needed, it is necessary to make such a request of the court at the initial hearing.

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Rule 4: Telephone Appearances/Testimony

4.1 Appearances

Telephone appearances for non-evidentiary matters (initial appearances, pre-trials, detention hearings, some motions) are generally always permissible with good cause.

4.2 Testimony

Telephone testimony generally is not permissible without pre-approval of the court and agreement of all the parties.

4.3 Written Documents

Any written documents to be referred to by the witness in the course of their testimony must be provided to the parties and the court as soon as possible prior to the hearing.

4.4 Notice to Court

Arrangements should be made if possible within 24 hours of the hearing time to notify the court of such intention.

4.5 Preferred Telephone Appearances

Appearances by phone are preferred for any child placed out of their home and residing outside the county as well as any institutionalized person or incarcerated adult unless otherwise requested by any party.

4.6 Order to Institution

Please notify the court in advance of the hearing if an order is necessary to have the institution make the person available by phone.

4.7 Information Form

Prior to hearing, a form, available in the hallway, must be given to the courtroom clerk containing the requested information; i.e., phone number and name of person being called.

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Rule 5: Adjournment Requests

5.1 Requests in Writing

An adjournment request must be in writing to the court and submitted by the requesting party. The requesting party must also notify all parties to the action of their adjournment request.

A. Any party to the action is allowed to make such a request. The request must be in writing with notification to all parties of the action.

B. The written request shall indicate if all parties to
the action are in agreement with the request and shall also give the availability of all the parties for any rescheduled dates. If any party to the action objects to the adjournment request, the objecting party must set forth in writing the reasons for the objection.

5.2 Discretionary Review by Court

A written request for an adjournment does not automatically result in an adjournment. Only the court has the authority to grant an adjournment request and all parties must wait for the final decision from the court before cancelling witnesses or being excused from the scheduled court date.

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Rule 6: Disposition Reports

6.1 Report Preparation

A designated representative of the Department of Health and Human Services shall prepare a dispositional court report in accordance with the mandates of Sec. 938.33, Wis. Stats.

6.2 When Required - Delinquency Cases

Dispositional reports are required in all delinquency related cases.

6.3 When Required - JIPS and Chips Cases

Dispositional reports are required in JIPS and CHIPS related cases when there is a formal finding, but not if a Consent Decree is filed in these matters.

6.4 Filing Deadline

Dispositional reports prepared by the Department will be filed with the Court 72 hours prior to the scheduled dispositional hearing.

6.5 Availability of Reports

No dispositional report shall be shown or released to a child, parent, the media, or others, without authorization of the Court. However, contents of the report may be shared and discussed between counsel and client(s).

6.6 Parental Review

Unrepresented parents in JIPS/CHIPS proceedings may view the dispositional report in the Juvenile Court Clerk's Office 72 hours prior to the scheduled dispositional hearing.

6.7 Additional Disposition Information

Any party may submit material to the Court, with copies given to all the parties, which they wish the court to consider for disposition.

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Rule 7: Confidentiality of Court Records

7.1 General Rule

Nothing is to be disseminated without prior approval of the court.

7.2 Attorney Exception

Counsel for the parties shall have access to anything in the court file.

7.3 Unrepresented Parties

Unrepresented parties may review the contents of the court file and receive copies subject to the approval of the court.

7.4 Psychological and Other Reports

Counsel is to review and discuss all Psychological/AODA Evaluations, Court Reports, Social Histories, Education Plans and Memorandums with clients. However, such reports are not to be given to the parties without court approval.

7.5 Release of Records

Release of Records is subject to Request for Release of Information separate procedures. Forms are available in the clerk's office.

7.6 News/Print Media

News/Print Media are to be governed by separate rules as previously established by the Judge of Juvenile Court.

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Rule 8: Guardian ad Litem

8.1 Eligibility Pool

Guardians ad Litem in juvenile court are to be chosen from a pool of attorneys who maintain their home or their office in Waukesha County. To be eligible to be appointed as a guardian ad litem for a juvenile court case in Waukesha County, you must provide proof to the Juvenile Court Judge that you are in compliance with SCR 35.01.

Furthermore, in order to be eligible for guardian ad litem appointments qualifying attorneys are required to personally meet with the Juvenile Court Judge at a mutually convenient time.

8.2 Required Appearances

From the date of appointment until the date of discharge, the guardian ad litem is expected to attend all juvenile court appearances on behalf of the minor child unless unavailable due to short notice, as is sometimes the case in detention hearings. If unavailable, the guardian ad litem should make a good faith attempt to state his or her recommendation by phone or by written correspondence delivered to the court by mail or fax (FAX #548-7459). See also Rule 4.1.

8.3 Minor Child Appearances

The guardian ad litem needs to use independent judgment to determine if and when the minor child should be present at a hearing.

8.4 Appointment Termination

The guardian ad litem's appointment terminates automatically upon the entry of the court's dispositional order or upon the termination of any appeal in which the guardian ad litem participates. If the guardian ad litem, the court, or the department anticipates the need for further involvement by the guardian ad litem after the dispositional order, this should be clearly stated on the record at the conclusion of the dispositional hearing.

8.5 Interim and Final Bills

The guardian ad litem must submit interim bills quarterly and must submit an interim bill no later than January 5 for the prior calendar year. Final bills must be submitted within 30 days of discharge unless the January 5 deadline applies. All bills must be accompanied by an affidavit of payment form. (Forms are available at the juvenile clerk's office.

8.6 Pre-approval for Out-of-Pocket Expenses

Guardians ad litem must obtain pre-approval for any out-of- pocket expenses such as long-distance travel, video depositions, clerical costs, private investigations, etc. Time spent on research will not be reimbursed except in unusual circumstances pre-approved by the court.

8.7 Fees after Discharged

Guardians ad litem will not be compensated for any fees incurred in a matter after being discharged from the case.

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Rule 9: TPRs, Adoptions and Guardianships

9.1 Guideline Packets

Termination of parental rights (TPR), adoption and guardianship guideline packets are available at the juvenile clerk's office for a nominal fee. These packets contain forms and instructions regarding filing, service of process, court hearings and procedure.

9.2 Filing Documents

The court will not accept for filing any TPR, adoption or guardianship action unless all the required documents are prepared and ready for filing. There will be no exceptions to this rule unless the judge or clerk approves.

9.3 TPR Deposit

A deposit in an amount to be determined by the court will be collected by the court for all TPRs to be held in trust as a retainer for the guardian ad litem. Any balance due a GAL in excess of the retainer is the responsibility of the petitioning party. Fees are subject to change based on state law.

9.4 Birth Certificate Fees

A fee made payable to "Bureau of Vital Statistics" for the child's new birth certificate will also be collected at the time of filing for any child born in the State of Wisconsin. If child was born in another state, please call the court prior to filing to obtain the correct fee schedule for that state. Do not submit the fee for the new birth certificate if filing a foreign adoption.

9.5 Final Hearing

No TPR, adoption or guardianship will be granted by the court unless all the necessary documents are on file at the time of the final hearing (with the exception of the medical and genetic information if the terminating parent(s) cannot be located).

9.6 Court Report for Centralized Birth Record

Petitioning parties in a TPR must complete and submit the "Court Report for Centralized Birth Record" to the court.

9.7 Filing Deadline Pre-hearing

All documents which are necessary for the hearing must be filed in the Juvenile Court office no later than 48 hours prior to the hearing. If any documents are missing, the court reserves the right to remove the matter from the calendar without further notice.

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Rule 10: Facsimile Transmission of Documents to the Court

FAX NUMBER (262) 548-7459

10.1 General Rule

The Clerk of Juvenile Court office shall follow and comply with the FACSIMILE TRANSMISSION OF DOCUMENTS TO THE COURT LOCAL RULE, dated April 1, 1993. The Clerk of Juvenile Court office shall also follow and comply with the Supreme Court Order 00-09 dated April 3, 2001, relating to this issue.

10.2 Page Limit

Based on Supreme Court Order, facsimiles exceeding fifteen (15) pages per document, excluding the cover sheet, will not be accepted for filing unless the Juvenile Court Judge or Clerk of Juvenile Court authorizes more pages.

10.3 Machine and Location

The plain-paper facsimile machine located in the Clerk of Juvenile Court office shall be the only machine utilized for both incoming and outgoing transmission of correspondence and documents for juvenile court matters.

10.4 Outgoing Facsimile Fees

Copies of documents from court files shall not be transmitted by facsimile machine without the appropriate costs of $1.25 per page being received in advance. The facsimile machine shall not be utilized in an effort to avoid payment of statutory photocopy costs.

10.5 Original Documents

If correspondence or a document is transmitted by facsimile machine, original documents are not to be mailed to the Clerk of Juvenile Court office for filing. Original documents are to be maintained by the signing party or their attorney. A cost assessment for pages filed in violation of this rule will be $3.00 per page. Originals filed will be returned or destroyed.

10.6 Hours of Operation

The Clerk of Juvenile Courts facsimile machine will be operational during regular county business hours: Monday through Friday, 8:00 AM to 4:30 PM. Papers filed by facsimile transmission are considered filed when transmitted, except that papers filed by facsimile transmission completed after regular county business hours of the Clerk of Juvenile Court office are considered filed the next business day.

EXCEPTION: Those time limits which are covered by statute.

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Rule 11: Detention Hearings

11.1 Schedule

Detention hearings are held every working day at 1:30 p.m. before the Juvenile Court Commissioner. All parties are expected to arrive at 1:15 p.m. to meet with the assigned worker from DHS.

11.2 Appearances

All parties to the proceeding are required to appear either in person or by phone. See Rule 4.1.

11.3 Hearing Focus

The main focus of a detention hearing is to address the temporary custody or placement of the child(ren) who is the subject of the proceeding.

11.4 Initial Appearance and Evaluations

If a formal petition has been filed, an initial appearance may be conducted and, when appropriate, psychological or alcohol and drug evaluations may be requested and ordered.

11.5 Testimony

Sworn testimony will not be taken; however, reports and statements may be presented by all interested parties relevant to the issues before the court.

11.6 Subsequent Review Hearings

Subsequent review hearings may not be conducted within 48 hours of the last proceeding unless new information is available or if there has been a significant change in circumstances.

11.7 Requests for Initial Detention Hearing

Anyone requesting an initial detention hearing or a further review hearing must do so no later than 11:30 a.m. on the date requested. The request may be made by phone or in writing to the detention clerk in the Juvenile Clerk's office. The court reserves the right to determine if a hearing will be scheduled based on the merits of the individual case.

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Rule 12: Parent Liability for Court 0rdered Services

Preamble

There are four categories of costs, which may be incurred and reimbursed in the juvenile system.

1. Residential - child lives outside the parents home
2. Other services or treatment (i.e. counseling, supervision or monitoring)
3. Custody, non-residential (i.e. stays in shelter or secure pre-disposition, as part of disposition, holds, sanctions or contempt)
4. Attorney fees and GAL fees

The methodology used in this section to calculate liability serves to cap liability, not just establish a schedule for making payments.

12.1 Liability Tables

The state Department of Health and Family Services promulgates a table for liability for residential (Category #1 noted above) and another table for services (Category #2 noted above). The juvenile court will generally use those tables. The Juvenile Court will use the state services table for non-residential custody (Category #3 noted above). In no case will the juvenile court order reimbursement in excess of the percentage standard for child support established for child support in Chapter 767 matters.

12.2 Calculations

The court shall limit the liability for the combined total of all four categories of cost to the highest applicable amount established by the tables.

In making the calculations, the court will use either a calendar month or any other set of 30 day periods, which ever is most favorable to the parents.

12.3 Parents Liability

No parent will pay both one table amount and other charges for that period.

12.4 County Liability

The county will not state or claim liability in excess of this rule, except by written motion filed with the court.

12.5 Attorney Fees

Where attorney fees have been ordered, the court will credit that amount against the other costs the parent would be liable for to the county.

Example:

Child is placed on supervision for 12 months and the following costs are incurred:

$200 attorney fees
$1500 for 10 days secure detention as disposition in first month
$100 each month for counseling
$600 for 4 days of sanction in secure in fourth month
$300 for contract home-bound detention monitoring in month five

Child is from a home with one parent, earning $3,000 month gross, and one sibling. The state table for services provides the maximum liability for that parent with a 3 person household is $193 per month.

The costs in month one were a total of $1800 (200+1500+100). Parent liability of month one is $193. The county credits attorneys fees owed to the public defender, so parent owes $0 to the county for month one.

The costs in month two were $100 for counseling. The county credits the left over $7 of attorney fees. Parent owes all $100 to the county.

The costs in month three were $100, and the parents owe $100.

The costs for month four were $700 (600+100). Because of the table limit, the parent only owes $193.

The costs for month five wer $400 ($300+$100). Because of the table limit, the parent only owes $193.

For all other months, the costs were $100, and the parents owe $100.

Total costs to the county for this child were $3600. Total parental liability to the county is $1286. Total parental liability for the public defender is $200.

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