938.275 Parents’ contribution to cost of custody, sanctions and court and legal services.

655 words·~3 min read·/wi/chapter-938/938-275

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

(1)Expense of custody, services, sanctions, or placement.

(a)If a juvenile is held in custody under ss. 938.20 to 938.21 , the court shall order the parents of the juvenile to contribute toward the expense of holding the juvenile in custody the proportion of the total amount which the court finds the parents are able to pay.

(b)If the court finds a juvenile to be delinquent under s. 938.12 , in violation of a civil law or ordinance under s. 938.125 or in need of protection or services under s. 938.13 , the court shall order the parents of the juvenile to contribute toward the expense of post-adjudication services to the juvenile, including any placement under s. 938.34

(f), the proportion of the total amount which the court finds the parents are able to pay.

(c)If the court imposes a sanction on a juvenile as specified in s. 938.355

(d)or

(a)or

(ag)or finds the juvenile in contempt under s. 938.355

(b)and orders a disposition under s. 938.34 or if the juvenile is placed in a juvenile detention facility or place of nonsecure custody under s. 938.355

(a),

(b), or

(c)or 938.534

(b)or

(c), the court shall order the parents of the juvenile to contribute toward the cost of the sanction, disposition or placement the proportion of the total amount which the court finds the parents are able to pay.

(2)Legal counsel; indigency.

(a)If the state or a county provides legal counsel to a juvenile subject to a proceeding under s. 938.12 or 938.13 , the court shall order the juvenile’s parent to reimburse the state or county under par.

(b)or

(c). The court may not order reimbursement if either of the following apply:

1. A parent is the complaining or petitioning party.

2. The court finds that the interests of the parent and the interests of the juvenile in the proceeding are substantially and directly adverse and that reimbursement would be unfair to the parent.

(am)The court may not order reimbursement under par.

(a)until the completion of the proceeding or until the state or county is no longer providing the juvenile with legal counsel in the proceeding.

(b)If the state provides the juvenile with legal counsel and the court orders reimbursement under par.

(a), the juvenile’s parent may request the state public defender to determine whether the parent is indigent as provided under s. 977.07 and the amount of reimbursement. If the parent is found not to be indigent, the amount of reimbursement shall be the maximum amount established by the public defender board. If the parent is found to be indigent in part, the amount of reimbursement shall be the amount of partial payment determined under rules promulgated under s. 977.02

(3).

(c)If the county provides the juvenile with legal counsel and the court orders reimbursement under par.

(a), the court shall make a determination of indigency or appoint the county department to make the determination. If the court or the county department finds that the parent is not indigent or is indigent in part, the court shall establish the amount of reimbursement and order the parent to pay it.

(cg)The court shall, upon motion by a parent, hold a hearing to review any of the following:

1. An indigency determination made under par.

(b)or

(c).

2. The amount of reimbursement ordered.

3. The court’s finding, under par.

(a)2. , that the interests of the parent and the juvenile are not substantially and directly adverse and that ordering the payment of reimbursement would not be unfair to the parent.

(cr)Following a hearing under par.

(cg), the court may affirm, rescind or modify the reimbursement order.