938.263 Amendment of petition.
(1) To cure defect. Except as provided in s. 938.255 (3), no petition, process or other proceeding may be dismissed or reversed for any error or mistake if the case and the identity of the juvenile named in the petition may be readily understood by the court; and the court may order an amendment curing the defects.
(2) Before or after plea. With reasonable notification to the interested parties and prior to the taking of a plea under s. 938.30, the petition may be amended at the discretion of the court or person who filed the petition. After the taking of a plea, the court may allow amendment of the petition to conform to the proof if the amendment is not prejudicial to the juvenile.
History: 1995 a. 77; 2005 a. 344.
Sub. (2) did not authorize the trial court to sua sponte and without notice amend a juvenile petition charge to disorderly conduct and make a finding of guilt thereon after finding the juvenile not guilty of battery. The court's action unfairly prejudiced the juvenile's statutory and due process rights. State v. Tawanna H., 223 Wis. 2d 572, 590 N.W.2d 276 (Ct. App. 1998), 98-1404.
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
Chapter 938 - Juvenile justice code.
938.01 - Title, legislative intent and purposes.
938.028 - Indian juvenile welfare.
938.03 - Time and place of court; absence or disability of judge.
938.067 - Powers and duties of intake workers.
938.069 - Powers and duties of disposition staff.
938.07 - Additional sources of court services.
938.08 - Duties of person furnishing services to court.
938.09 - Representation of the interests of the public.
938.10 - Power of the judge to act as intake worker.
938.12 - Jurisdiction over juveniles alleged to be delinquent.
938.125 - Jurisdiction over juveniles alleged to have violated civil laws or ordinances.
938.13 - Jurisdiction over juveniles alleged to be in need of protection or services.
938.135 - Referral of juveniles to proceedings under ch. 51 or 55.
938.14 - Jurisdiction over interstate compact proceedings.
938.15 - Jurisdiction of other courts to determine legal custody.
938.18 - Jurisdiction for criminal proceedings for juveniles 14 or older; waiver hearing.
938.183 - Original adult court jurisdiction for criminal proceedings.
938.19 - Taking a juvenile into custody.
938.195 - Recording custodial interrogations.
938.20 - Release or delivery from custody.
938.205 - Criteria for holding a juvenile in physical custody.
938.207 - Places where a juvenile may be held in nonsecure custody.
938.208 - Criteria for holding a juvenile in a juvenile detention facility.
938.209 - Criteria for holding a juvenile in a county jail or a municipal lockup facility.
938.21 - Hearing for juvenile in custody.
938.217 - Change in placement; juvenile held in custody.
938.22 - County and private juvenile facilities.
938.222 - Contracts with private entities for juvenile detention facility services.
938.223 - Contracts with Minnesota counties for juvenile detention facility services.
938.224 - Contracts with department for juvenile detention facility services.
938.225 - Statewide plan for juvenile detention and correctional facilities.
938.24 - Receipt of jurisdictional information; intake inquiry.
938.243 - Basic rights: duty of intake worker.
938.245 - Deferred prosecution.
938.25 - Petition: authorization to file.
938.255 - Petition; form and content.
938.263 - Amendment of petition.
938.265 - Consultation with victims.
938.273 - Service of summons or notice; expense.
938.275 - Parents' contribution to cost of custody, sanctions and court and legal services.
938.28 - Failure to obey summons; capias.
938.29 - Substitution of judge.
938.295 - Physical, psychological, mental or developmental examination.
938.296 - Testing for HIV infection and certain diseases.
938.2965 - Waiting area for victims and witnesses.
938.297 - Motions before trial.
938.299 - Procedures at hearings.
938.305 - Hearing upon the involuntary removal of a juvenile.
938.31 - Fact-finding hearing.
938.312 - Notice of dismissal.
938.315 - Delays, continuances and extensions.
938.325 - Proceedings by telephone or live audiovisual means.
938.331 - Court reports; effect on victim.
938.335 - Dispositional hearings.
938.34 - Disposition of juvenile adjudged delinquent.
938.341 - Delinquency adjudication; restriction on firearm possession.
938.3415 - Delinquency adjudication; restriction on body armor possession.
938.342 - Disposition; truancy and school dropout ordinance violations.
938.343 - Disposition of juvenile adjudged to have violated a civil law or an ordinance.
938.344 - Disposition; certain intoxicating liquor, beer and drug violations.
938.345 - Disposition of juvenile adjudged in need of protection or services.
938.346 - Notice to victims of juveniles' acts.
938.35 - Effect of judgment and disposition.
938.355 - Dispositional orders.
938.356 - Duty of court to warn.
938.357 - Change in placement; juvenile subject to dispositional order.
938.358 - Trial reunification.
938.36 - Payment for services.
938.361 - Payment for alcohol and other drug abuse services.
938.362 - Payment for certain special treatment or care services.
938.363 - Revision of dispositional orders.
938.364 - Dismissal of certain dispositional orders.
938.365 - Extension of orders.
938.366 - Extended out-of-home care.
938.368 - Continuation of dispositional orders.
938.371 - Access to certain information by substitute care provider.
938.373 - Medical authorization.
938.383 - Reasonable and prudent parent standard.
938.385 - Plan for transition to independent living.
938.39 - Disposition by court bars criminal proceeding.
938.44 - Jurisdiction over persons 17 or older.
938.45 - Orders applicable to adults.
938.47 - Motion for postdisposition relief and appeal.
938.48 - Authority of department of corrections.
938.485 - Authority of department.
938.50 - Examination of juveniles under supervision of department of corrections.
938.505 - Juveniles placed under correctional supervision.
938.51 - Notification of release or escape of juvenile from correctional custody or supervision.
938.52 - Facilities for care of juveniles in care of department of corrections.
938.53 - Duration of control of department of corrections over delinquents.
938.533 - Community supervision.
938.534 - Intensive supervision program.
938.535 - Early release and intensive supervision program; limits.
938.538 - Serious juvenile offender program.
938.546 - Juvenile treatment court grant program.
938.547 - Juvenile alcohol and other drug abuse pilot program.
938.548 - Multidisciplinary screen and assessment criteria.
938.549 - Juvenile classification system.
938.57 - Powers and duties of county departments providing juvenile welfare services.
938.59 - Examination and records.
938.595 - Duration of control of county departments over delinquents.
938.78 - Confidentiality of records.
938.795 - Powers of the department.
938.988 - Interstate placement of juveniles.