Children ages 10 through 16 who commit an unlawful act may receive a municipal ticket which is issued by a local law enforcement agency, or a criminal charge issued by the Racine County District Attorney's Office. The type and severity of the unlawful activity defines the kind of legal consequences the youth may receive. Municipal violations are handled by local Municipal Courts and are not ordinarily referred to the Human Services Department.
Youth aged 17 or over are treated as adults under Wisconsin criminal code and thus are subjected to Adult Court jurisdiction.
Chapter 938 of the Wisconsin State Statutes directs the Human Services Department to provide services to youth who come under the jurisdiction of the Juvenile Court. The Youth and Family Division case managers are responsible for supervision and services to youth who have been adjudicated delinquent by the Juvenile Court, who have had prosecution deferred but placed under an Informal Supervision Agreement, or who have been found to be Juveniles in Need of Protection and Services (JIPS). This includes juveniles who have been found to be habitual truants or are uncontrollable and their parents are requesting court intervention. A JIPS order may also be entered for a child under the age of 10 who has committed a delinquent act.
If a child under 17 has contact with law enforcement which results in a referral for charges, the HSD Supervisor of Delinquency Services will review the referral and assign it to a case manager. Depending upon the type and severity of the potential charges and the youth's past history with law enforcement, the case manager may recommend the youth be referred to the Community Panels program for an informal resolution or referred to the District Attorney's Office for prosecution or an informal Supervision Agreement.
In situations where a youth has not received any criminal charges but a parent or guardian has determined the youth is uncontrollable (this could include drug use, significant mental health issues or an unwillingness to follow reasonable home rules and/or attend school), a parent may pursue a Private JIPS (Juvenile in Need of Protection and Services) petition. In doing so, the parent is requesting court intervention to help address the child's behaviors and needs. In a Private JIPS case, the parent is the petitioner who must demonstrate to the Juvenile Court the need for court intervention. The parent must also demonstrate that he/she has attempted to address the child's needs such as referring the child to counseling, medication management or other treatment resources. This link will take you to the JIPS Frequently Asked Questions page.
If you have any questions about procedures under the Juvenile Justice Code or if you need to speak with someone about a problem you may be experiencing with your child, please call our Information and Assistance line at 262-638-7720.