a) The District Attorney's office

b) Defense counsel in criminal cases in session

c) Counsel in civil cases in session

d) Parties to the action

e) Witnesses called to testify

f) Bailiffs

g) Sheriff department personnel

h) Court officers

a) The Circuit Court has a facsimile machine capable of reproducing documents that meet the Supreme Court Rule 72.01 concerning retention of filed documents. Only plain-paper facsimile machines currently comply with this requirement.

b) The Circuit Court has a facsimile machine physically located within the offices of the Clerk of Circuit Court or the Register in Probate.

c)The document does not exceed fifteen (15) pages in length, excluding cover sheet.

d) No filing fee is required.

e)No additional fee or charge must be paid to the Circuit Court for accepting or receiving the facsimile document.

a)No filing fee is required.

b) No additional fee or charge must be paid by the Circuit Court for accepting or receiving the facsimile document.

a) Errors or failures in transmission that result in missing or illegible documents.

b) Periods when a Circuit Court facsimile machine is not operational for any reason.

I. A motion for summary judgment made pursuant to 802.08 Wis. Stats. shall be served and filed in the following form:

II. When a motion and supporting brief have been served and filed in compliance with A., above, the court shall issue a schedule for the procedures described in C. and D., below, unless the Court has already established a briefing schedule.

III. RESPONSE: On or before the date specified in the schedule issued by the Court, and party who elects to oppose the motion for summary judgment shall serve and file the following:

IV. Such materials permitted by 802.08 Wis. Stats., which said party may elect to serve and file in opposition to said motion.

IV. REPLY: On or before the date specified in the schedule issued by the Court, the movant may, but is not required to, serve and file in rebuttal any or all of the following items.

1.Each known victim of a child's act shall receive timely notice of the following information.

2) The Jackson County District Attorney's office shall timely notify all victims of children's acts in writing of the information included in 48.346(1) as outlined by statute.

3) 48.396 RECORDS

(a) The motion shall be in writing.

(b) The motion shall be supported by an affidavit setting forth the facts upon which the moving party relies; and,

(c) A memorandum of the law that applies to the issues raised by the motion.

I. RECORDS- Juvenile court records may not be disclosed, except by appropriate Court order, to persons other than (a) personnel of the court, including persons providing intake services to the court; (b) all attorneys appearing in the case; (c) the juvenile's parents; and (d) to such other persons who are permitted access to such records under Chapter 48 Wis. Stats..

II. CONFIDENTIALITY- Unless otherwise specifically authorized by statute or Court order, any person receiving a record or information shall be prohibited under penalty of contempt from disclosure of the record of information.

III. DISCLOSURE TO MEDIA- Reporters of news, after presenting proper identification, may inspect copies of any delinquency petition, together with notices of hearing and orders entered by the Court. They shall not be permitted to examine or inspect records relating to an examination under 48.33 or 48.29 of Wis. Stats., AODA assessments or any other psychology or social service reports. They shall not be permitted to photocopy or remove any records from the office of the Juvenile Clerk.

Unless otherwise ordered by the Court, reporters of news may disclose the contents of petitions or proceedings of the Court, but in no circumstances may they report the information in a manner that may reveal the identity of the child. Juveniles may be identified in media coverage by age, gender and municipal residence.

IV. CAMERAS AND OTHER EQUIPMENT- No cameras or other electronic equipment shall be permitted in the courtroom without notice to the 7^th Judicial District Media Coordinator and consent of the presiding Juvenile Court Judge. Such equipment, when permitted, shall be located and operated in such a manner as to avoid photographing or identifying the juvenile. Media coverage shall comply with all of the provisions of SCR 61. Failure to comply with these rules or any other applicable rules or statutes may subject the reporter of news to expulsion from all further proceedings as well as prosecution for contempt under Chapter 785 of the Wis. Stats.

V. DISCLOSURE TO MILITARY RECRUITERS- A recruiter for the United States Armed Forces who makes a written request for information regarding a juvenile court record may be informed only that "a record does exist" or "no record exists." If a record does exist, the juvenile, his parents, or his attorney may petition the Court for release of the information requested. If the Court approves the release of information, the petition and order of the Court shall be placed in the juvenile's record.

VI. "Juvenile Court Record" means all records under control of the Clerk of Court or Juvenile Clerk, including all materials or documents related to a child under Juvenile Court Jurisdiction, examinations under 48.296, Consent Decrees under 48.32 and court reports under 48.33, and record of intake under 48.20(3) and 48.24.

1) Child: Refers to a person under the age of 18 involved in a

Chapter 48 CHIPS proceeding.

2) CHIPS: Child In need of rotection or ervices; a Chapter 48 proceeding concerning a child who is within the jurisdictional requirements of 48.13, Wis. Stats., generally involving orphaned, abandoned, abused, neglected, special treatment children, and children with alcohol or other drug abuse impairments.

3) Court: When used without further qualification, means the Court assigned to exercise jurisdiction under Chapters 48 or 938, Wis. Stats.

4) Court Intake: The process of submitting to the juvenile intake worker written referrals from agencies or departments authorized in Chapter 48 or 938 to refer a child/juvenile to the Court.

5) Custody Intake: The process by which a person is taken into custody under 48.19 and 938.19 Wis. Stats., and delivered to the juvenile intake worker for a custody determination.

6) JIPS: Juvenile In need of rotection or ervices; a Chapter 938 proceeding concerning a juvenile who is within the jurisdictional requirements of 938.13 Wis. Stats., generally involving uncontrollable juveniles, habitual truants, school dropouts under 10 who commits a delinquent act, not responsible because of mental disease or defect, or not competent to proceed.

7) Juvenile: Refers to a person under the age of 17 involved in a delinquency proceeding or a person under the age of 18 involved in a JIPS proceeding.

1) It is the express policy of the Court to implement the legislative purpose expressed in 48.01 and 938.01 Wis. Stats.. Statutorily mandated procedures are the law and do not constitute policies. Statutory mandates are to be explicitly followed in the performance of all matters involving Chapters 48 and 938. This rule is intended to set forth the philosophical role of the Circuit Court in matters concerning Chapters 48 and 938 and to establish procedures that are discretionary with the Court.

2) Rationale. The statutes are the law. They must be followed. Policies and procedures are intended to fill the gaps in the law and set forth the philosophical and procedural requirements for handling matters involving Chapters 48 and 938.

3) The Court will not routinely waive time limits.

4) Rationale: It was the intent of the legislature to expedite court proceedings. This intent is based, in part, on the philosophy that delays:

a) In Delinquency and JIPS matters, remove the "cause and effect" relationship between juvenile behavior and court-ordered "consequences" in delinquency matters, and

b) In CHIPS matters, place the child and parents in a limbo status concerning the various needs, rights, and responsibilities of the parties.

1) The duties of intake and disposition/supervision must be separate. The intake function shall be in the office of the Circuit Judge for Jackson County. The disposition/supervision function shall be in the Jackson County Human Services agency.

Rationale: There exists a potential conflict of interest between the functions of intake and disposition, if the two are blurred, decisions as to one may adversely affect the decision-making process of the other.

2) Custody intake shall be done by professionally trained intake workers.

Rationale: The statutes mandate training for all intake workers.

3) The powers of the intake worker are similar to those of a judge.

Backup custody intake and holdover room attendants shall be on-call worker.

Rationale: It is fiscally impossible for a county the size of Jackson to have full- time backup workers or holdover room attendants. Utilizing a list of on-call backup workers or holdover room attendants is efficient and fiscally responsible.

4) Backup custody intake workers and holdover room attendants shall be trained at county expense.

Rationale: Intake workers and holdover room attendants are required to have a certain number of hours of training (currently 30 hours for intake workers, 12 hours for holdover room attendants). Requiring backup workers and holdover room attendants to obtain training at their own expense would effectively eliminate the county's ability to obtain such workers.

5) Referrals for custody intake shall first be made to the full-time intake worker. If the full- time intake worker is not available, referrals should be made to the backup workers in the order listed by the Court so that there is uniformity in intake decisions.

Rationale: Custody intake should first be conducted by the person who is most experienced and generally familiar with the statutes, juveniles, and court processes; the full-time intake worker. If that worker is not available, referrals should be made to the backup workers in the order listed by the Court so that there is uniformity in intake decisions.

6) A Juvenile Court Commissioner shall not be used for custody intake purposes unless no other full-time or backup worker is available.

Rationale: A Juvenile Court Commissioner is the only court official (other than the Circuit Judge) that can conduct custody hearings under 48.21 or 938.21, Wis. Stats. If a Juvenile Court Commissioner makes the initial custody decision, only another Court Commissioner with the juvenile court powers or the Circuit Judge can conduct a custody hearing. If the Circuit Judge were not available, an out- of-county judge would be required.

7) The Circuit Judge shall be used for custody intake only if no other qualified individual is available.

Rationale: Jackson County is a single-judge county. If the judge is used for intake purposes, the statutes mandate that the judge cannot act further in that case. This would require out-of-county judges being required to handle all matters after intake. Given the time limitations on juvenile court proceedings, and the difficulty of calendaring out of county judges for "emergency" work in Jackson County, using the Circuit Judge for intake purposes on other than a "last-resort" basis would adversely affect the progress of juvenile court proceedings.

A) All custody intake referrals shall be made through law enforcement or human services personnel.

Rationale: The decision to refer a person to custody intake is best made by professionals familiar with the law and resources available to the county.

B) Intake worker shall not be contacted until the referring agency has made a reasonable, articulable decision that a person should be held. The referral agency shall be required to complete the custody intake referral form before intake is notified.

Rationale: Intake should only be contacted after the referring agency has made a decision that the person should be held. The agency must be able to justify that decision in writing. Requiring the agency to complete the referral form before intake is called forces the referral person to justify the request for a hold.

• · Whether the present offense involves bodily injury or property damage
• · The degree of injury to the victim
• · Any special vulnerability of victim (elderly, very young, handicapped, etc.)
• · Whether a weapon was used and type of weapon
• · Extent of premeditation on the part of the juvenile
• · Whether act represents "random, senseless act of violence"
• · The numbers of co-actors involved
• · The attitude of the juvenile toward offense
• · Whether offense included any "gang" involvement
• · Other circumstances relevant to the offense

• · Number, nature and consequences of prior court adjudications
• · Age of initial law enforcement/court involvement compared to present age
• · Whether the activity indicates an escalation in severity or dangerousness
• · Whether the activity indicates an increasing lack of respect for or inclination to adhere to rules
• · Other factors concerning the prior record of the juvenile

• · Is the person presently a runaway from a court-ordered placement
• · Has this person previously run away from a court-ordered placement
• · Attitude of the person toward remaining in custody
• · Record of obeying home curfews and rules
• · Ability of caregiver to control the person
• · School attendance record
• · Likelihood of the person to be successful at running from placement based on
• · Age
• · Apparent maturity
• · Availability of either associates that would assist running away
• · "Gang" relationships that would foster runaway status
• · Level of consequences child/juvenile now faces for immediate behavior
• · Other facts that appears relevant to level of risk of fight

• · Is the person currently subject to a dispositional order
• · Are other court actions involving the person currently pending
• · What is the person's present level of custody
• · Are there prior adjudications of a similar nature
• · Have other dispositional alternatives been tried in the past
• · Other factors relating to the person's present legal status

• · Is the person subject to abuse or neglect in home
• · Have there been verbal threats against this person
• · Has this person exhibited potential harm to self by recent behavior or threats
• · Is the person vulnerable to revenge acts by others, including co-actors, victims, or others
• · Other factors relating to the need to protect the person

1. Defendants age 15 or over:

A defendant involved in an adult court jurisdiction matter who is age 15 or over at the time a custody decision is being made shall be held in the county jail.

Rationale: A defendant age 14 or under can only be held in secure custody in a juvenile secure detention facility. Since the legislature specifically limited such placements to defendants 14 or under, defendants 15 or over are subject to all adult court procedures, including custody in the county jail pending meeting bail/bond conditions or further court proceedings.

2. Defendants age 14 or under:

a) Initial arrest: If law enforcement arrests a defendant age 14 or under for an adult court jurisdiction matter and law enforcement intends to hold the defendant in custody pending a bail/bond hearing, the defendant must be held in a juvenile secure detention facility.

Rationale: A defendant in an original adult court jurisdiction matter is subject to all of the procedures in Chapters 967 to 979 except that any secure custody placement must be in a juvenile detention facility. In all other adult court matters, law enforcement makes a decision to hold or release the defendant. The same should be true in the case of defendants who are involved in an original court proceeding. Juvenile intake serves only as the conduit for placing such a defendant in a secure detention facility and should not have the authority to overrule the law enforcement decision. Such defendants are also entitled to the adult court procedures of a Riverside/McLaughlin hearing, bail/bond hearing, etc., but since these dependants are not in juvenile court, they are not entitled to juvenile court 938.20 custody hearings.

b. Failure to post bond: If a defendant age 14 or under charged with an adult court jurisdiction matter appears for a bail/bond hearing before a judge or court commissioner and is unable to meet the conditions of bail/bond in order to be released, the defendant must be held in a juvenile secure detention facility. The juvenile shall be immediately released from such detention upon meeting the conditions of bail/bond.

Rationale: Although a defendant is held in secure custody in a juvenile facility, the Court only because the defendant has not met the conditions of bail/bond, establishes the hold. When the bond conditions have been met—such as payment of a cash bond—the defendant should be released the same as a defendant age 15 or over would be released.

3. In the event an immediate determination cannot be made whether the juvenile is subject to original adult court or juvenile court jurisdiction, any person age 16 or under shall be presumed to be subject to juvenile court jurisdiction until juvenile intake or the court is satisfied otherwise. The juvenile intake worker shall decline to make a custody determination in a case if the intake worker knows of his or her own knowledge that the person is not subject to juvenile court jurisdiction.

4. Any defendant who meets all of the following criteria shall immediately be transferred to the county jail upon his or her 15^th birthday:

a) The person is subject to original adult court jurisdiction, and,

b) The person had been placed in juvenile secure custody because the person was age 14 or under at the time the custody decision was made.

No further court order is needed to effectuate such a transfer. Law enforcement shall be responsible for transporting the juvenile from the secure custodial placement to the county jail.

1. Custody hearings, whether under 48.21 or 938.21, shall be conducted within 24 hours after the end of the day that the decision to hold was made, excluding weekends and holidays.

Rationale: Section 48.21 requires a custody hearing to be held within 48 hours of the time the decision to hold the child was made, excluding Saturdays, Sundays and legal holidays. Section 938.21 requires a custody hearing to be held within 24 hours after the end of the day that the decision to hold the juvenile was made, excluding Saturdays, Sundays and legal holidays. Although Chapters 48 and 983 have differing deadlines, it is appropriate for the Court to establish a common deadline so as to avoid confusion.

2. If court scheduling or congestion makes it impossible to conduct a custody hearing within the time period, the custody hearing shall be conducted as soon as is reasonably practical. No juvenile shall be automatically released from custody if a custody hearing is not held in a timely fashion if the reason for the inability to hold the custody hearing is because of court congestion or scheduling difficulties under 938.315(1)(dm) of Wis. Stats.

3. If a petition under either Chapters 48 or 938 has not been filed by the time of the custody hearing and the statutory grounds exist for an extension of time to file a petition, a petition must be filed within:

4. No custody hearing under Chapters 48 or 938 is to be held for a defendant age 14 or under in an original adult court jurisdiction matter who is being held in secure custody.

1. All intake referrals under 48.24(1) or 938.24(1), Wis. Stats., are to be submitted in writing on the appropriate forms, either the Court Referral—Juvenile, Law Enforcement form or the Court Referral—Juvenile, Non-law enforcement form.

Rationale: All referrals must contain specific information. Using a state-wide approved form provides a consistent format for presenting and reviewing each referral.

2. All intake referrals under 48.24 or 938.24(1), Wis. Stats., shall be conducted by the full-time intake worker.

Rationale: Consistency in the handling of the referral process is necessary to assure that children are handled similarly. Coordinating all intake inquiries in the full-time limits for conducting an intake inquiry are sufficiently flexible, the full time intake worker can accommodate all intake referrals in spite of temporary absences, vacations, or other duties.

3. All parties making a referral may make a recommendation for disposition, but that recommendation is not binding on the intake worker.

Rationale: Often the party making the referral has special insight into the facts or needs of each case, which should be communicated to the intake worker who must make the ultimate recommendation. Recommendations, however, are merely recommendations.

4. Intake referrals under 48.24(1) or 938.24(1), Wis. Stats., are not required if all of the following have occurred:

5. Intake referrals under 48.24(1) or 938.24(1), are not required if the juvenile has been transferred to juvenile court by an adult court pursuant to a "reverse waiver" under 970.032(2) or 971.31(13).

Rationale: The juvenile has already been in adult court under an original adult court jurisdiction crime because of the serious nature of the crime committed or the juvenile's past record. The district attorney will already have prepared charging documents concerning the juvenile in adult court and is in the best position to make a determination of whether a delinquency petition should be filed and the charge(s) to be included in the petition.

6. Except as set forth elsewhere in this rule, the intake worker shall always consider the possibility of an informal disposition agreement under Chapter 48, or a deferred prosecution agreement under Chapter 938 when doing so would not unduly depreciate the seriousness of the matter referred in the eyes of the juvenile, parents, victims, and the public.

Rationale: Diversion of children from the formal court system is one of the goals of both Chapters 48 and 938. An Informal Disposition Agreement (IDA) or Deferred Prosecution Agreement (DPA) may allow the intake worker to structure a plan with the agreement of the child/juvenile and parents that will accomplish all of the goals of Chapters 48 and 938. However, an IDA or DPA can be counter-productive if its effect is to reduce the child's or parents' responsibility, or the IDA/DPA would depreciate the seriousness of the offense, or such an action would be viewed as doing so by other interested persons.

8. The intake worker shall not enter into a deferred prosecution agreement in a Chapter 938 matter in the following situations unless the District Attorney has referred the matter back to the intake worker with such recommendation.

Rationale: The legislature, on behalf of the society it represents, has categorized crimes in terms of seriousness by creating a classification system. It is the duty of the executive branch, acting through the elected District Attorney, to determine the extent to which these crimes should be prosecuted. For those crimes society considers most serious, the intake worker—a nonelected member of the judicial branch—should not make Informal disposition recommendations in those cases which would appear to unduly depreciated the seriousness of the allegations. Certain criminal activity is so serious that an informal disposition should only be considered when the District Attorney has made that choice as the proper prosecutorial decision. The intake to the District Attorney a juvenile court deferred prosecution agreement or an adult criminal court deferred prosecution agreement. If the District Attorney has reviewed the matter and concludes that a juvenile court deferred prosecution agreement is appropriate, the District Attorney will refer the matter back to intake for such a procedure. If the District Attorney believes an adult criminal court deferred prosecution agreement is appropriate, the District Attorney will prepare the paperwork in adult court.

9. The juvenile intake worker may consider recommending an informal disposition agreement or deferred prosecution agreement in the following circumstances.

10. Deferred prosecution agreement involving Youth Village Placements.

11. The intake worker may dispense with holding an intake conference in those cases in which the intake worker is satisfied that the best interest of the child of the interest of society require an immediate decision. In such cases, the intake worker may notify the child and parents of their legal rights under Chapters 48 and 938 in writing.

Rationale: In some cases a referral and recommendation are apparent on the basis of the referral documents. CHIPS cases involving danger or risk to the child, or delinquency matters involving serious crimes, may require a greater immediacy of action than the usual intake process would allow. The intake worker should be free to make the decision whether an intake conference would be beneficial to the intake decision or would merely be postponing necessary action.

12. When a matter has been presented to the intake worker by the juvenile court clerk under Section 3737 of this local court rule, the intake worker may:

Rationale: 48.25(1),Wis. Stats., permits the filing of a petition under 48.13 or 48.14 by counsel or guardian ad litem for a parent, relative, guardian or child. Presumably a parent, relative, guardian or child could also file such a petition pro se. Section 3716 of these local court rules prohibits the Juvenile Court Clerk from accepting for filing such a petition unless an intake inquiry has been conducted. When the Juvenile Court Clerk makes such a referral to intake the intake worker must have the ability to refer the matter to law enforcement or human services for investigation and determination whether a petition should be filed. Alternatively, the intake worker may determine that an intake inquiry should be conducted based on the materials submitted by the petitioning party.

1. The victim-witness coordinator in the District Attorney's office shall be responsible for notifying each known victim who sustained personal injury or property damage of:

2. At an intake inquiry:

1. The Court will not accept any plea negotiations that are entered into after the date set by the court for motions in the case, or if no motions are filed, within five working days of the fact-finding hearing.

Rationale: Last minute resolutions of cases are extremely disruptive to the court calendar. Time on the court calendar will have been set aside for this case to the exclusion of other cases. Witnesses and jurors who have been subpoenaed may have made alternative arrangements for their personal affairs. In order to avoid this disruption, the parties to a case must make all necessary efforts to resolve the matter as much before the fact-finding hearing as possible.

2. After a plea negotiation deadline has passed, the only resolutions the Court will accept to pending delinquency, JIPS, or CHIPS matters is an admission to the petition by all parties, a dismissal of the entire petition by the petitioner, or a fact-finding trial on the original petition.

3. If a negotiation involves a Consent Decree, the Consent Decree must be reduced to writing, completely signed by all parties, and presented to the Court prior to the deadline for plea negotiations.

Rationale: Since fact-finding hearings are typically scheduled for a date close to the statutory deadline, waiting until the last minute to complete the consent decree is especially disruptive to the court calendar.

1. Court reports that have been ordered by the Court shall be completed and filed with the Court not less than four working days before the scheduled dispositional hearing. The agency completing the court report shall transmit copies of the report to the attorneys involved in the matter. In the case of parents who are not represented by counsel, a copy of the report shall be transmitted directly to them by the agency.

Rationale: The court report may be the single most important document prepared on behalf of a child/juvenile and a family. In order for the child/juvenile attorney and family to have the opportunity to consider the report and any recommendations made in the report, it is imperative that they have access to the report before the dispositional hearing. Receiving and reviewing the report on the day or even at the time of the hearing does not allow a reasonable amount of time to consider the report.

2. Jackson County Human Services shall be the agency primarily responsible for implementing court dispositional orders involving supervision.

Rationale: In order to effect the separation between intake and adjudication (which are court functions) and dispositional supervision (which should not be a court function), it is appropriate that the local Human Services agency be the agency primarily responsible for implementing court orders.

3. Dispositions involving persons who are not residents of Jackson County shall be coordinated through the Jackson County Human Services agency.

Rationale: In order for the Court to ensure that its orders are enforced, the Court must have jurisdiction over the agency that is implementing the order. Requiring the local Human Services agency to coordinate the services provides the Court with the leverage needed to ensure compliance.

4. If a matter has been transferred from another county to this county for a dispositional hearing, the dispositional hearing shall be set within 30 days of receipt of the transfer documents from the other county. If the agency preparing the court report has not had any prior experience with the juvenile, the agency may request an extension for preparation of the court report.

5. Upon making any dispositional report recommending that the child/juvenile be placed outside the home, the dispositional worker shall have prepared 48 hours prior to the hearing date the AFSA warnings as set forth by either State or Federal law. In addition, the worker shall be prepared to testify at the hearing providing the Court a factual basis for the warnings.

1. The agency primarily responsible for implementation of a dispositional order shall notify the Court at least thirty days prior to the termination of an order as to whether the agency will seek to extend the dispositional order or to allow it to terminate. The agency shall ensure that copies of the communication to the Court (whether Petition or letter) shall be sent to all parties entitled to notice.

Rationale: Notwithstanding relaxation of some time limits in Chapter 938 matters, the court loses jurisdiction in either a Chapters 48 or 938 case if the extension hearing isn't held before the order terminates. At least thirty days notice of an intent to seek an extension is necessary in order to schedule and conduct a hearing. Requiring the agency to give notice at least thirty days in advance as to whether it will or will not seek an extension will insure that all cases are considered and eliminate the possibility of any one case slipping "through the cracks."

2. The agency may revise its decision after giving such notice if it determines that the original decision was incorrect based on reconsideration or new factors.

Rationale: Sometimes the agency may reconsider its decision based on new factors or merely a re-review of the situation. The agency must be given the opportunity to change its mind.

3. A request to extend a dispositional order received during the thirty-day period immediately prior to the termination of the order shall be accompanied by a request for a temporary thirty-day extension under 48.365(6) or 938.365(6), Wis. Stats., in order to schedule a hearing.

Rationale: It may be difficult for the Court to schedule an extension hearing prior to the original termination date depending on when the request for an extension is filed. Requiring all extension requests filed within the last thirty days of the dispositional order to be accompanied by a request for a thirty-day extension provides the Court with the flexibility of granting a temporary extension when needed to accommodate court scheduling.

4. The Court shall schedule an extension hearing in all cases where a request for an extension is filed. If the extension request is filed during the thirty-day period immediately prior to the termination of the order, the Court shall attempt to schedule the case before the termination date. If the Court cannot schedule the matter before the termination date, the Court will grant the request for a temporary thirty-day extension under 48.365(6) or 938.365(6), Wis. Stats.

Rationale: As part of the Court's philosophy that juvenile proceedings must be expedited, it is appropriate to attempt to schedule extension hearings within the original time period set for termination of an order. Only if the hearing cannot be set within that time period should the Court consider a temporary extension.

5. All extensions of a dispositional order shall take effect at the termination date of the dispositional order being extended regardless of the date of the hearing on the extension, except that in the case of a disposition that has been temporarily extended for up to thirty days under 48.365(6), Wis. Stats., any extension shall take effect at the termination of the extended date.

Rationale: It is appropriate that there be uniformity in determining when an extended disposition is to take effect. Since Chapters 48 and 983 do not specifically address this issue, dispositional orders in the past have sometimes used the hearing date as the date from which the extension is calculated rather than the date the dispositional order was to expire. Since an extension is merely a continuation of the old order, it is logical that the extended period is simply added to the existing order. It is illogical to consider the extension to be a new order which can overlap the old dispositional order.

1. All requests by victims or the insurance companies of victims for disclosure of the juvenile's identity and police records shall be referred to the law enforcement agency responsible for the investigation.

2. The insurance company of a victim shall be entitled to know the amount of restitution a court has ordered paid on behalf of the victim if a request to the Juvenile Court Clerk is made pursuant to 938.396(2)(fm).

1. All requests for review of court records involving a juvenile shall be in writing.

2. The Juvenile Court Clerk shall make available upon request the appropriate forms (such as JD-1738) for requesting such information.

3. If a request is made by a juvenile, parent, guardian or legal custodian under 938.396(2)(ag) or (am), before release of any information requested, the Juvenile Court Clerk shall review the file and make an initial determination whether release of that information might result in imminent danger to anyone. If the Juvenile Court Clerk believes such a result might occur, the juvenile court clerk shall either:

4. Requests pursuant to 938.396(2m)(a): If a request is for access to juvenile court records made by any person under 938.396(2m)(a) for juvenile alleged to have committed an offense enumerated in 938.34(4h)(a) (Serious Juvenile Offender crimes), the Juvenile Court Clerk shall before releasing the file for inspection:

5. Requests pursuant to 938.396(2m)(b): If a request is for access to juvenile court records of a juvenile alleged to be delinquent for committing a felony after a prior delinquency adjudication, the juvenile clerk shall:

6. No copies of any court records shall be made or provided to any person requesting access to the records of a juvenile.

7. All requests for access to court records shall be responded to, in writing, within 48 hours of the request.

8. Intake files retained by the juvenile intake worker are not considered court files for the purposes of this rule.

a) Follow standard CCAP procedures for removal of the adjudication from the computerized record;

b) Seal inside the court file all documents referring to the adjudicating, including but not limited to:

c) The exterior of the sealed material shall simply state "Sealed: not to be opened except upon express order of the Court." No reference shall be made that the contents are "expunged" materials.

· Any juvenile who was being held in an adult jail for failure to post bond shall be immediately transferred to a juvenile secure custody facility.

· Any juvenile (age 14 or under) who was being held in juvenile secure detention shall remain in that placement.

· Any juvenile who had been released on bond under conditions shall be deemed held in nonsecure placement under the same bond conditions until a custody hearing is held pursuant to 938.21.

· Any person otherwise authorized to request custody under Chapter 938

· The juvenile, juvenile's parent, legal guardian, or custodian

1. The Juvenile Court Clerk shall not accept for filing any petition under 48.13 or 48.14, Wis. Stats., presented by the counsel or guardian ad litem for a parent, relative, guardian or child, or directly by such a person acting without an attorney, unless that petition has been first referred to juvenile intake for an intake inquiry under 48.24, Wis. Stats.

Rationale: 48.24, Wis. Stats., requires that information indicated that a child should be referred to the Court shall first be referred to the intake worker. However, 48.25, Wis. Stats., authorizes the counsel or guardian ad litem for a parent, relative, guardian or child to file a petition. In most cases, such petitions will not have been referred first to juvenile intake for an inquiry whether the Court should be involved. It is important that intake be provided the opportunity to make inquiry first to ensure that there is a proper basis for the filing of a petition.

2. Upon receipt of any such petition the Juvenile Court Clerk shall refer the matter to the juvenile intake worker for an intake inquiry.

3. Any petition filed contrary to this rule may be dismissed without prejudice pending the intake inquiry.

Rationale: Once a petition has been filed, the time limits for conducting a plea hearing and other proceedings take effect. Those time limits are inconsistent with the periods allowed juvenile intake to complete an intake inquiry. It is the Court's policy to require an intake inquiry for matters brought directly to the Court by counsel or guardian ad litem for a parent, relative, guardian, or child, or by such a person directly without an attorney. Therefore, to avoid the redundancy of having a court proceeding and an intake inquiry proceeding at the same time, with conflicting time limitations, the Court can only control such petitions by dismissing without prejudice whose that don't go through intake.

1. Attorneys appointed by the county or state to represent a child/juvenile

2. Attorneys appointed by the Court for parents in CHIPS matters

3. Cost of custody/placement.

4. Costs of services.

5. When a parent(s) has been ordered to reimburse the county or state for custody/placement/or services, the Court may require the parent(s) to complete a financial disclosure of assets.

6. A parent may seek review of any of the orders for reimbursement by petitioning the Court for a review.