Wisconsin Statutes
Wis. Stat. § 938.13 (2026)
Jurisdiction over juveniles alleged to be in need of protection or services
✓ current as of July 2026
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938.13938.13 Jurisdiction over juveniles alleged to be in need of protection or services. Except as provided in s. 938.028 (3), the court has exclusive original jurisdiction over a juvenile alleged to be in need of protection or services which can be ordered by the court if any of the following conditions applies:
938.13(4)(4) Uncontrollable. The juvenile’s parent or guardian signs the petition requesting jurisdiction under this subsection and is unable or needs assistance to control the juvenile.
938.13(6)(6) Habitually truant from school. Except as provided under s. 938.17 (2), the juvenile is habitually truant from school and evidence is provided by the school attendance officer that the activities under s. 118.16 (5) have been completed or were not required to be completed as provided in s. 118.16 (5m).
938.13(7)(7) Habitually truant from home. The juvenile is habitually truant from home and either the juvenile, a parent or guardian, or a relative in whose home the juvenile resides signs the petition requesting jurisdiction and attests in court that reconciliation efforts have been attempted and have failed.
938.13(12)(12) Delinquent act before age 10. The juvenile is under 10 years of age and has committed a delinquent act.
938.13(14)(14) Not responsible or not competent. The juvenile has been determined, under s. 938.30 (5) (c), to be not responsible for a delinquent act by reason of mental disease or defect or has been determined, under s. 938.30 (5) (d), to be not competent to proceed.
938.13 AnnotationSub. (6) specifically requires that the school attendance officer provide evidence that the activities under s. 118.16 (5) have been completed or were not required due to an exception under s. 118.16 (5m). Sub. (6) does not state that a protective services order requires a school attendance officer to provide evidence that all of the requirements under s. 118.16 were met. Richland County Health and Human Services v. Brandon L.Y., 2008 WI App 73, 312 Wis. 2d 406, 753 N.W.2d 529, 07-0834.
938.13 AnnotationAge limits on criminal, juvenile delinquency, and juvenile in need of protection or services (JIPS) matters both define and restrict how a circuit court may address the specific case before the court, and not whether a circuit court can hear criminal, juvenile delinquency, or JIPS matters generally. Therefore, age limits are an issue of statutory competency, rather than subject matter jurisdiction. Unlike challenges to subject matter jurisdiction, challenges to statutory competency may be forfeited or waived. State v. Sanders, 2018 WI 51, 381 Wis. 2d 522, 912 N.W.2d 16, 15-2328.
938.13 AnnotationA defendant’s age at the time he or she is charged, not the defendant’s age at the time he or she commits the underlying conduct, determines whether the circuit court has statutory competency to hear the case as a criminal, juvenile delinquency, or juvenile in need of protection or services matter. Consequently, the circuit court in this case possessed statutory competency to hear the defendant’s case as a criminal matter because the defendant was an adult at the time he was charged for conduct he committed before his tenth birthday. State v. Sanders, 2018 WI 51, 381 Wis. 2d 522, 912 N.W.2d 16, 15-2328.
Notes of Decisions
Cited in 17
cases (2 in the last 5 years), 1996–2022 · leading case: State v. Shaun M. Sanders, 912 N.W.2d 16 (Wis. 2018).
State v. Shaun M. Sanders, 912 N.W.2d 16 (Wis. 2018). “Wis. Stat. § 938.13 (12). A juvenile adjudged in need of protection or services may be subject to all of the dispositions available for those adjudged delinquent, except placement in a juvenile correctional facility or juvenile portion of a county jail, forfeiture, suspension of…”
State v. Sanders, 2017 WI App 22 (Wis. Ct. App. 2017). “12 (1977), but if the child was under age twelve—now age ten, per Wis. Stat. § 938.13 (12)—the matter would be treated as a juvenile CHIPS action, pursuant to § 48.”
State v. Aaron D., 571 N.W.2d 399 (Wis. Ct. App. 1997). “, a juvenile adjudicated to be in need of protection and services because of habitual truancy under § 938.13(6), Stats. When Aaron continued being truant after the dispositional order, a ch.”
State v. A.L. (In re Interest of A.L.), 923 N.W.2d 827 (Wis. 2019). “13 for the proposition that after a circuit court suspends delinquency proceedings because a juvenile is found not competent, a court presiding over the JIPS proceedings is granted "exclusive original jurisdiction" over the juvenile. 11 According to A.L., if the JIPS order…”
D.B. Ex Rel. Kurtis B. v. Kopp, 725 F.3d 681 (7th Cir. 2013). “2 See Wis. Stat. §§ 938.13 (12) *684 (governing petitions for child protection or services), 948.”
State v. Eugene W., 2002 WI App 54 (Wis. Ct. App. 2002). “20 (1) or that a JIPS petition be filed pursuant to Wis. Stat. § 938.13 (14). Here, the court directed that a JIPS petition be filed.”
State v. Jeremiah C., 2003 WI App 40 (Wis. Ct. App. 2003). “" Under Wis. Stat. § 938.13 (6), a circuit court has jurisdiction over a juvenile alleged to be in need of protection or services, which can be ordered by the court for someone who is habitually truant from school.”
State v. Isaac J.R., 582 N.W.2d 476 (Wis. Ct. App. 1998). “17 (2); That section is now found at § 938.13(6), Stats., part of the Juvenile Justice Code, 1995 Wis.”
Richland Cnty. Health & Human Servs. v. Brandon L. Y., 2008 WI App 73 (Wis. Ct. App. 2008). “16 (2)(cg) to support a JIPS order, and did not do so; and (2) Riverdale did not provide evidence that it performed any of the required activities under Wis.”
State v. Jason R.N., 549 N.W.2d 752 (Wis. Ct. App. 1996). “It has been recreated as § 938.13, Stats. See 1995-96 Wis. Act 77, § 629.”
State v. Thomas J. W., 570 N.W.2d 586 (Wis. Ct. App. 1997). “New provisions have been created for juveniles alleged or adjudged to be in need of protection or services (JIPS) (§§ 938.13 and 938.345, Stats., 1995-96). These sections essentially parallel the sections involved in Thomas's CHIPS proceeding.”
In Re Brandon LY, 2008 WI App 73 (Wis. Ct. App. 2008). “STAT. § 118.16(5) to determine what activities are required by a school to support a JIPS order on the basis of habitual truancy.”
— Wis. Stat. § 938.13(12) — 1 case
State v. Shaun M. Sanders, 912 N.W.2d 16 (Wis. 2018). “Wis. Stat. § 938.13 (12). A juvenile adjudged in need of protection or services may be subject to all of the dispositions available for those adjudged delinquent, except placement in a juvenile correctional facility or juvenile portion of a county jail, forfeiture, suspension of…”
— Wis. Stat. § 938.13(14) — 2 cases
W.A.B. v. W.G.B. (in Re W.a.b.), 925 N.W.2d 783 (Wis. Ct. App. 2018).
State v. M.D.M. (Wis. Ct. App. 2021).
— Wis. Stat. § 938.13(4) — 1 case
State v. A. A., 2020 WI App 11 (Wis. Ct. App. 2020).
— Wis. Stat. § 938.13(6) — 6 cases
State v. Aaron D., 571 N.W.2d 399 (Wis. Ct. App. 1997). “, a juvenile adjudicated to be in need of protection and services because of habitual truancy under § 938.13(6), Stats. When Aaron continued being truant after the dispositional order, a ch.”
State v. Isaac J.R., 582 N.W.2d 476 (Wis. Ct. App. 1998). “17 (2); That section is now found at § 938.13(6), Stats., part of the Juvenile Justice Code, 1995 Wis.”
Richland Cnty. Health & Human Servs. v. Brandon L. Y., 2008 WI App 73 (Wis. Ct. App. 2008). “16 (2)(cg) to support a JIPS order, and did not do so; and (2) Riverdale did not provide evidence that it performed any of the required activities under Wis.”
In Re Brandon LY, 2008 WI App 73 (Wis. Ct. App. 2008). “STAT. § 118.16(5) to determine what activities are required by a school to support a JIPS order on the basis of habitual truancy.”
State v. A. A., 2020 WI App 11 (Wis. Ct. App. 2020).
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