Youth Justice
In the state of Wisconsin juvenile criminal offenses are supervised and managed through Human Services by Youth Justice Social Workers. In Jackson County there are two sections to Youth Justice, Juvenile In Need of Protection or Services (JIPS), and Delinquency. Youth Justice follows Chapter 938 (938.01), the Juvenile Justice Code, in the Wisconsin State Statues.
Juvenile In Need of Protection or Services
Juvenile In Need of Protection or Services cases include Truancy, Uncontrollability, Not-Competant, and Under 10 cases. JIPS cases are subject to ICWA and must follow all ICWA guidelines.
Delinquency
Delinquency cases stem from juveniles between the ages of 10-17 committing a crime and being referred for charges by law enforcement. Delinquency cases are not subject to ICWA.
Juvenile in need of protection or services (JIPS)
Truancy
Due to Wisconsin's compulsory school attendance statute (118.15) children between the ages of 6-18 are required to attend school. Children are considered truant after having 10 unexcused absences from school. Each school district may decide what is considered an excused absences, and whether that is whole days or partial days. Once a child meets the truancy threshold the school attendance officer, or school administration may send a truancy referral to DHHS. From there it is assigned to a Youth Justice worker to complete an intake interview.
Truancy Statutes:
Compulsory School Attendance: 118.15
Habitual Truancy: 938.13(6)
Uncontrollability
Uncontrollability is a referral that is triggered by parents or guardians completing the Uncontrollability paperwork. By signing the paperwork you become the petitioner, should it rise to a level of court intervention, and requesting jurisdiction and stating that as a parent or guardian you are unable to control the juvenile.
Uncontrollability Statute: 938.13(4)
Not - Competant
Not-competant court orders exist under the JIPS statutes to account for any juvenile who has committed a crime and is found to be not-competant to continue with court proceedings. When a delinquency referral is made, and a court petition is filed, if an attorney or Guardian ad Litem believes a juvenile to be not-competant they can raise competency concerns in court. A competency evaluation is completed. If a juvenile is found competent then the delinquency petition proceedings continue. If a child is found not-competant but likely to regain competency the case proceeds under a not-competant petition and the juvenile takes classess to attempt to regain competency. If a juvenile is found to be not-competant and unlikely to regain competency then the court proceedings move from a Delinquency petition to a JIPS Not-Competent petition.
Not-Competant Statute: 938.13(14)
Delinquent Act Before Age 10 (Under 10)
Delinquency referrals only apply to children 10 and older. If a child 10 or under commits a crime and that crime reaches a level of court intervention, that child is not eligible for a delinquency court order. These cases are prosecuted through a JIPS - Under 10 order. It is formally, and in statute written as "Delinquent Act Before 10" but on court paperwork written as "Under 10".
Delinquent Act Before Age 10 Statute: 938.13(12)
Delinquency
Delinquency
When a juvenile between the ages of 10-17 is determined by law enforcement to have committed a crime, law enforcement will send DHHS a delinquency referral. This can be for any crime, whether violent, non-violent, a crime with a victim, or a victimless crime.
At the age of 17 in Wisconsin all crime is prosecuted through adult court. Under the age of 17 a case can still be waived into adult court based on the severity of the crime and/or the juvenile criminal history of a juvenile.
Delinquency Jurisdiction Statute: 938.12