§ 938.505 — Juveniles placed under correctional supervision.

Wisconsin § 938.505

• Jurisdiction: Wisconsin
• Ch. 938: Juvenile justice code
• Subch.: subch. XI of ch. 938 SUBCHAPTER XI

Text

938.505
938.505(1) (1) Rights and duties of department of corrections or county department. When a juvenile is placed under the supervision of the department of corrections under s. 938.183 , 938.34 (4h) , or 938.357 (3) , (4) , or (5) (e) or under the supervision of a county department under s. 938.34 (4m) or (4n) , the department of corrections or county department, whichever has supervision over the juvenile, shall have the right and duty to protect, train, discipline, treat, and confine the juvenile and to provide food, shelter, legal services, education, and ordinary medical and dental care for the juvenile, subject to the rights, duties, and responsibilities of the guardian of the juvenile and subject to any residual parental rights and responsibilities and the provisions of any court order.
938.505(2) (2) Psychotropic medication.
938.505(2)(a) (a) If a juvenile 14 years of age or older is under the supervision of the department of corrections or a county department as described in sub. (1) , is not residing in his or her home, and wishes to be administered psychotropic medication but a parent with legal custody or the guardian refuses to consent to the administration of psychotropic medication or cannot be found, or if there is no parent with legal custody, the department of corrections or county department acting on the juvenile’s behalf may petition the court assigned to exercise jurisdiction under this chapter and ch. 48 in the county in which the juvenile is located for permission to administer psychotropic medication to the juvenile. A copy of the petition and a notice of hearing shall be served upon the parent or guardian at his or her last-known address. If, after hearing, the court determines that all of the following apply, the court shall grant permission for the department of corrections or county department to administer psychotropic medication to the juvenile without the parent’s or guardian’s consent:
938.505(2)(a)1. 1. The parent’s or guardian’s consent is unreasonably withheld, the parent or guardian cannot be found, or there is no parent with legal custody, except that the court may not determine that a parent’s or guardian’s consent is unreasonably withheld solely because the parent or guardian relies on treatment by spiritual means through prayer for healing in accordance with his or her religious tradition.
938.505(2)(a)2. 2. The juvenile is 14 years of age or older, is competent to consent to the administration of psychotropic medication, and voluntarily consents to the administration of psychotropic medication.
938.505(2)(a)3. 3. The juvenile, based on the recommendation of a physician, is in need of psychotropic medication, and psychotropic medication is appropriate for the juvenile’s needs and is the least restrictive treatment consistent with those needs.
938.505(2)(b) (b) The court may, at the request of the department of corrections or county department, temporarily approve the administration of psychotropic medication, for not more than 10 days after the date of the request, pending the hearing on the petition. The hearing shall be held within that 10-day period.

Legislative History

938.505 History History: 1995 a. 77 ; 2005 a. 344 ; 2015 a. 55 ; 2017 a. 185 ; 2019 a. 8 ss. 51 , 71 .