Section 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 and treatment plan except that the order may not do any of the following:

(a) Place the juvenile in the serious juvenile offender program juvenile correctional facility or a secured residential care center for children and youth.

(c) Order payment of a forfeiture or surcharge.

(d) Restrict or suspend the driving privileges of the juvenile, except as provided under sub. (2) .

(e) Place any juvenile not found under ch. 880 , 2003 stats., or ch. 46 , 49 , 51 , 54 , or 115 to have a developmental disability or a mental illness or to be a child with a disability, as defined in s. 115.76 (5) , in a facility that exclusively treats one or more of those categories of juveniles.

(g) Place the juvenile in a juvenile detention facility or juvenile portion of a county jail or in nonsecure custody under s. 938.34 (3) (f) .

(1m)   Indian juvenile; placement preferences.

(a) Subject to s. 938.028 (6) (b) , if the juvenile is an Indian juvenile who is in need of protection or services under s. 938.13 (4) , (6) , (6m) , or (7) and who is being removed from the home of his or her parent or Indian custodian and placed outside that home, the court shall designate one of the placements specified in s. 938.028 (6) (a) 1. to 4. as the placement for the Indian juvenile, in the order of preference listed, unless the court finds good cause, as described in s. 938.028 (6) (d) , for departing from that order.

(2)   School dropouts and habitual truants. If the court finds that a juvenile is in need of protection or services based on the fact that the juvenile is a school dropout, as defined in s. 118.153 (1) (b) , or based on habitual truancy, and the court also finds that the juvenile has dropped out of school or is a habitual truant as a result of the juvenile's intentional refusal to attend school rather than the failure of any other person to comply with s. 118.15 (1) (a) and (am) , the court, instead of or in addition to any other disposition imposed under sub. (1) , may enter an order permitted under s. 938.342 .

(3)   Sex offender registration.

(a) If the court finds that a juvenile is in need of protection or services on the basis of a violation, or the solicitation, conspiracy, or attempt to commit a violation, under ch. 940 , 944 , or 948 or s. 942.08 or 942.09 , or ss. 943.01 to 943.15 , the court may require the juvenile to comply with the reporting requirements under s. 301.45 if the court determines that the underlying conduct was sexually motivated, as defined in s. 980.01 (5) , and that it is in the interest of public protection to have the juvenile report under s. 301.45 . In determining whether it is in the interest of public protection to have the juvenile report under s. 301.45 , the court may consider any of the following:

1. The ages, at the time of the violation, of the juvenile and the victim of the violation.

2. The relationship between the juvenile and the victim of the violation.

3. Whether the violation resulted in bodily harm, as defined in s. 939.22 (4) , to the victim.

4. Whether the victim suffered from a mental illness or mental deficiency that rendered him or her temporarily or permanently incapable of understanding or evaluating the consequences of his or her actions.

5. The probability that the juvenile will commit other violations in the future.

6. Any other factor that the court determines may be relevant to the particular case.

(b) If the court orders a juvenile to comply with the reporting requirements under s. 301.45 , the court may order the juvenile to continue to comply with the reporting requirements until his or her death.

(c) If the court orders a juvenile to comply with the reporting requirements under s. 301.45 , the clerk of the court in which the order is entered shall promptly forward a copy of the order to the department of corrections. If the finding of need of protection or services on which the order is based is reversed, set aside, or vacated, the clerk of the court shall promptly forward to the department of corrections a certificate stating that the finding has been reversed, set aside, or vacated.

(d) If the court under par. (a) orders the juvenile to comply with the reporting requirements under s. 301.45 in connection with a violation, or the solicitation, conspiracy, or attempt to commit a violation, of s. 942.09 , the court may provide that the juvenile be released from the requirement to comply with the reporting requirements under s. 301.45 upon satisfying the conditions of the dispositional order imposed for the offense. If the juvenile satisfies the conditions of the dispositional order, the clerk of the court shall notify the department of corrections and the department of children and families that the juvenile has satisfied the conditions of the dispositional order.

(4)   Uncontrollable juveniles. If the court finds that a juvenile is in need of protection or services under s. 938.13 (4) , the court, instead of or in addition to any other disposition imposed under sub. (1) , may place the juvenile in the home of a guardian under s. 48.977 (2) .

1995 a. 77 ; 1997 a. 27 , 164 ; 1999 a. 9 , 89 ; 2003 a. 50 ; 2005 a. 25 , 344 , 387 ; 2007 a. 96 , 97 ; 2009 a. 41 , 94 , 137 ; 2015 a. 55 .