Wisconsin Statutes
Wis. Stat. § 938.01 (2026)
Title, legislative intent and purposes
✓ current as of July 2026
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938.01(1)(1) Title. This chapter may be cited as “The Juvenile Justice Code”, and shall be liberally construed in accordance with the objectives expressed in this section.
938.01(2)(2) Legislative intent. It is the intent of the legislature to promote a juvenile justice system capable of dealing with the problem of juvenile delinquency, a system which will protect the community, impose accountability for violations of law and equip juvenile offenders with competencies to live responsibly and productively. To effectuate this intent, the legislature declares the following to be equally important purposes of this chapter:
938.01(2)(c)(c) To provide an individualized assessment of each alleged and adjudicated delinquent juvenile, in order to prevent further delinquent behavior through the development of competency in the juvenile offender, so that he or she is more capable of living productively and responsibly in the community.
938.01(2)(d)(d) To provide due process through which each juvenile offender and all other interested parties are assured fair hearings, during which constitutional and other legal rights are recognized and enforced.
938.01(2)(e)(e) To divert juveniles from the juvenile justice system through early intervention as warranted, when consistent with the protection of the public.
938.01(2)(f)(f) To respond to a juvenile offender’s needs for care and treatment, consistent with the prevention of delinquency, each juvenile’s best interest and protection of the public, by allowing the court to utilize the most effective dispositional option.
938.01(2)(g)(g) To ensure that victims and witnesses of acts committed by juveniles that result in proceedings under this chapter are, consistent with this chapter and the Wisconsin constitution, afforded the same rights as victims and witnesses of crimes committed by adults, and are treated with dignity, respect, courtesy, and sensitivity throughout those proceedings.
938.01(3)(3) Indian juvenile welfare; declaration of policy. In Indian juvenile custody proceedings, the best interests of the Indian juvenile shall be determined in accordance with the federal Indian Child Welfare Act, 25 USC 1901 to 1963, and the policy specified in this subsection. It is the policy of this state for courts and agencies responsible for juvenile welfare to do all of the following:
938.01(3)(a)(a) Cooperate fully with Indian tribes in order to ensure that the federal Indian Child Welfare Act is enforced in this state.
938.01(3)(b)(b) Protect the best interests of Indian juveniles and promote the stability and security of Indian tribes and families by doing all of the following:
938.01(3)(b)1.1. Establishing minimum standards for the removal of Indian juveniles from their families and the placement of those juveniles in out-of-home care placements that will reflect the unique value of Indian culture.
938.01(3)(b)2.2. Using practices, in accordance with the federal Indian Child Welfare Act, 25 USC 1901 to 1963, this section, and other applicable law, that are designed to prevent the voluntary or involuntary out-of-home care placement of Indian juveniles and, when an out-of-home care placement is necessary, placing an Indian juvenile in a placement that reflects the unique values of the Indian juvenile’s tribal culture and that is best able to assist the Indian juvenile in establishing, developing, and maintaining a political, cultural, and social relationship with the Indian juvenile’s tribe and tribal community.
938.01 AnnotationThe due process standard in juvenile proceedings is fundamental fairness. Basic requirements are discussed. In Interest of D.O.H., 76 Wis. 2d 286, 251 N.W.2d 196 (1976).
938.01 AnnotationTime Ripe for Change. Barry & Ladwig. Wis. Law. Apr. 1996.
Notes of Decisions
Cited in 42
cases (8 in the last 5 years), 1997–2025 · leading case: State v. Hezzie R., 580 N.W.2d 660 (Wis. 1998).
State v. Hezzie R., 580 N.W.2d 660 (Wis. 1998). “; see also Wis. Stat. § 938.01 . The JJSC also suggested, and again the *873 legislature and the governor agreed, that the express intent of the legislature in the JJC should include provisions assuring that a child is provided a fair hearing, enforcing the constitutional rights…”
Madison Metro. Sch. Dist. v. Circuit Court, 2011 WI 72 (Wis. 2011). “The legislature explained the relevant objectives as follows: It is the intent of the legislature to promote a juvenile justice system capable of dealing with the problem of juvenile delinquency, a system which will protect the community, impose accountability for violations of…”
Henry v. Milwaukee Cnty., 539 F.3d 573 (7th Cir. 2008). “" Wis. Stat. § 938.01 (2)(c). The mission statement of the JDC, in particular, states that the facility is intended: 1.”
The Honorable William M. Gabler, Sr. v. Crime Victims Rights Bd., 2017 WI 67 (Wis. 2017). “Section 938.01(2)(g) explains that the victim of a criminal act perpetrated by a juvenile is afforded the same rights as if the actor were an adult.”
State v. X.S., 2022 WI 49 (Wis. 2022). “34 (juvenile dispositions); Wis. Stat. § 938.01 (2) (purposes of Wis.”
State v. Corey J.G., 572 N.W.2d 845 (Wis. 1998). “See Wis. Stat. § 938.01 . However, the purposes of The Juvenile Justice Code still involve assuring a child a fair hearing (see § 938.”
In the Interest of Cesar G., 2004 WI 61 (Wis. 2004). “" 34 Wis. Stat. § 938.01 (2)(f). Two of the Juvenile Justice Code's authors have expressed the Code's goal of permitting a circuit court to create individualized dispositional plans in each case in the following terms: The balance of rehabilitation, personal accountability and…”
State v. Aaron D., 571 N.W.2d 399 (Wis. Ct. App. 1997). “See § 938.01(1). Under the Juvenile Code courts have discretion in selecting the sanctions that can be imposed on a juvenile who violates a condition of a dispositional order.”
David J. Rosecky v. Monica M. Schissel, 2013 WI 66 (Wis. 2013). “15(1) (stating that in selection of a guardian for a proposed ward, the "best interests of the proposed ward shall control"); § 938.01(2)(f) (stating that in the Juvenile Justice Code, the court considers "each juvenile's best interest" in responding to "a juvenile offender's…”
State v. Tyler T., 2012 WI 52 (Wis. 2012). “" Wis. Stat. § 938.01 (2). To that end, one of Chapter 938's express objectives is "[t]o respond to a juvenile offender's needs for care and treatment, consistent with the prevention of delinquency, each juvenile's best interest and protection of the public, by allowing the…”
State v. Johnson, 2007 WI 107 (Wis. 2007). “) Johnson argues that because a juvenile commitment is not a determinate *345 sentence of fixed duration and because the needs of the juvenile are individually assessed, see Wis. Stat. § 938.01 (2)(c) and (f), DOC authorities take pending criminal charges into account when…”
State v. Cortez Lorenzo Toliver, 2014 WI 85 (Wis. 2014). “" Wis. Stat. § 938.01 (2). Under Wis. Stat.”
— Wis. Stat. § 938.01(1) — 3 cases
Madison Metro. Sch. Dist. v. Circuit Court, 2011 WI 72 (Wis. 2011). “The legislature explained the relevant objectives as follows: It is the intent of the legislature to promote a juvenile justice system capable of dealing with the problem of juvenile delinquency, a system which will protect the community, impose accountability for violations of…”
State v. Aaron D., 571 N.W.2d 399 (Wis. Ct. App. 1997). “See § 938.01(1). Under the Juvenile Code courts have discretion in selecting the sanctions that can be imposed on a juvenile who violates a condition of a dispositional order.”
State v. Q. D. R. (Wis. Ct. App. 2024).
— Wis. Stat. § 938.01(2) — 13 cases
State v. Aaron D., 571 N.W.2d 399 (Wis. Ct. App. 1997). “See § 938.01(1). Under the Juvenile Code courts have discretion in selecting the sanctions that can be imposed on a juvenile who violates a condition of a dispositional order.”
State v. X.S., 2022 WI 49 (Wis. 2022). “34 (juvenile dispositions); Wis. Stat. § 938.01 (2) (purposes of Wis.”
State v. Fisher, 565 N.W.2d 565 (Wis. Ct. App. 1997).
State v. Vairin M., 2002 WI 96 (Wis. 2002).
State v. Tawanna H., 590 N.W.2d 276 (Wis. Ct. App. 1998).
— Wis. Stat. § 938.01(2)(a) — 2 cases
State v. A A A (Wis. Ct. App. 2025).
State v. K. R. C. (Wis. Ct. App. 2025).
— Wis. Stat. § 938.01(2)(c) — 2 cases
State v. Hinkle, 921 N.W.2d 219 (Wis. Ct. App. 2018).
W.A.B. v. W.G.B. (in Re W.a.b.), 925 N.W.2d 783 (Wis. Ct. App. 2018).
— Wis. Stat. § 938.01(2)(d) — 1 case
State v. Tawanna H., 590 N.W.2d 276 (Wis. Ct. App. 1998).
— Wis. Stat. § 938.01(2)(e) — 1 case
State v. K. R. C. (Wis. Ct. App. 2025).
— Wis. Stat. § 938.01(2)(f) — 6 cases
David J. Rosecky v. Monica M. Schissel, 2013 WI 66 (Wis. 2013). “15(1) (stating that in selection of a guardian for a proposed ward, the "best interests of the proposed ward shall control"); § 938.01(2)(f) (stating that in the Juvenile Justice Code, the court considers "each juvenile's best interest" in responding to "a juvenile offender's…”
State v. Tyler T., 2012 WI 52 (Wis. 2012). “" Wis. Stat. § 938.01 (2). To that end, one of Chapter 938's express objectives is "[t]o respond to a juvenile offender's needs for care and treatment, consistent with the prevention of delinquency, each juvenile's best interest and protection of the public, by allowing the…”
State v. PABLO R., 2000 WI App 242 (Wis. Ct. App. 2000).
State v. Matthew C. Hinkle (Wis. 2019).
State v. K. R. C. (Wis. Ct. App. 2025).
— Wis. Stat. § 938.01(2)(g) — 3 cases
The Honorable William M. Gabler, Sr. v. Crime Victims Rights Bd., 2017 WI 67 (Wis. 2017). “Section 938.01(2)(g) explains that the victim of a criminal act perpetrated by a juvenile is afforded the same rights as if the actor were an adult.”
State v. K. R. C. (Wis. Ct. App. 2025).
— Wis. Stat. § 938.01(c) — 1 case
State v. Corey J.G., 572 N.W.2d 845 (Wis. 1998). “See Wis. Stat. § 938.01 . However, the purposes of The Juvenile Justice Code still involve assuring a child a fair hearing (see § 938.”
— Wis. Stat. § 938.01(d) — 1 case
State v. Corey J.G., 572 N.W.2d 845 (Wis. 1998). “See Wis. Stat. § 938.01 . However, the purposes of The Juvenile Justice Code still involve assuring a child a fair hearing (see § 938.”
— Wis. Stat. § 938.01(f) — 1 case
State v. Corey J.G., 572 N.W.2d 845 (Wis. 1998). “See Wis. Stat. § 938.01 . However, the purposes of The Juvenile Justice Code still involve assuring a child a fair hearing (see § 938.”
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