938.27 Notice; summons.

761 words·~3 min read·/wi/chapter-938/938-27

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)Summons; when issued. After a citation is issued or a petition has been filed relating to facts concerning a situation specified under s. 938.12 , 938.125 or 938.13 , unless the parties under sub.

(3)voluntarily appear, the court may issue a summons requiring the parent, guardian and legal custodian of the juvenile to appear personally at any hearing involving the juvenile, and, if the court so orders, to bring the juvenile before the court at a time and place stated.

(2)Summons; necessary persons. Summons may be issued requiring the appearance of any other person whose presence, in the opinion of the court, is necessary.

(3)Notice of hearings.

1. The court shall notify, under s. 938.273 , the juvenile, any parent, guardian, and legal custodian of the juvenile, any foster parent or other physical custodian described in s. 48.62

(2)of the juvenile, and any person specified in par.

(b)or

(d), if applicable, of all hearings involving the juvenile under this subchapter, except hearings on motions for which notice must be provided only to the juvenile and his or her counsel. If parents entitled to notice have the same place of residence, notice to one constitutes notice to the other. The first notice to any interested party, foster parent, or other physical custodian described in s. 48.62

(2)shall be in writing and may have a copy of the petition attached to it. Notices of subsequent hearings may be given by telephone at least 72 hours before the time of the hearing. The person giving telephone notice shall place in the case file a signed statement of the date and time notice was given and the person to whom he or she spoke.

1m. The court shall give a foster parent or other physical custodian described in s. 48.62

(2)who is notified of a hearing under subd. 1. a right to be heard at the hearing by permitting the foster parent or other physical custodian to make a written or oral statement during the hearing, or to submit a written statement prior to the hearing, relevant to the issues to be determined at the hearing. A foster parent or other physical custodian described in s. 48.62

(2)who receives a notice of a hearing under subd. 1. and a right to be heard under this subdivision does not become a party to the proceeding on which the hearing is held solely on the basis of receiving that notice and right to be heard.

2. Failure to give notice under subd. 1. to a foster parent or other physical custodian described in s. 48.62

(2)does not deprive the court of jurisdiction in the action or proceeding. If a foster parent or other physical custodian described in s. 48.62

(2)is not given notice of a hearing under subd. 1. , that person may request a rehearing on the matter during the pendency of an order resulting from the hearing. If the request is made, the court shall order a rehearing.

1. Except as provided in subd. 2. , if the petition that was filed relates to facts concerning a situation under s. 938.13 and if the juvenile is a nonmarital child who is not adopted or whose parents do not subsequently intermarry as provided under s. 767.803 and if paternity has not been established, the court shall notify, under s. 938.273 , all of the following persons:

a. A person who has filed a declaration of paternal interest under s. 48.025 .

b. A person alleged to the court to be the father of the juvenile or who may, based on the statements of the mother or other information presented to the court, be the father of the juvenile.

2. A court is not required to provide notice, under subd. 1. , to any person who may be the father of a juvenile conceived as a result of a sexual assault if a physician attests to his or her belief that there was a sexual assault of the juvenile’s mother that may have resulted in the juvenile’s conception.

(d)If the petition that was filed relates to facts concerning a situation under s. 938.13

(4),

(6),

(6m), or

(7)involving an Indian juvenile who has been removed from the home of his or her parent or Indian custodian, the court shall notify, under s. 938.273 , the Indian juvenile’s Indian custodian and tribe and that Indian custodian or tribe may intervene at any point in the proceeding.