938.361 Payment for alcohol and other drug abuse services.
(1) Definitions. In this section:
(a) “Alcohol and other drug abuse services" means all of the following:
1. Any alcohol or other drug abuse examination or assessment ordered under s. 938.295 (1), 938.34 (14s) (b) 1., 938.343 (10) (a) or 938.344 (2g) (a) 1.
2. Any special treatment or care that relates to alcohol or other drug abuse services ordered under s. 938.34 (6) (a) or (am).
3. Any alcohol or other drug abuse treatment or education ordered by a court under s. 938.32 (1g) or 938.34 (6) (a) or (am), (6r), or (14s) (b) 1. or 2.; or made available to a juvenile under s. 938.34 (3) (f) 4.
(b) “Municipality" means a city, village or town.
(2) Payment by parent or insurer.
(a)
1. If a juvenile's parent neglects, refuses or is unable to provide alcohol and other drug abuse services for the juvenile through his or her health insurance or other 3rd-party payments, notwithstanding s. 938.36 (3) the court assigned to exercise jurisdiction under this chapter and ch. 48 or municipal court may order the parent to pay for the alcohol and drug abuse services. If the parent consents to provide alcohol and other drug abuse services for a juvenile through his or her health insurance or other 3rd-party payments but the health insurance provider or other 3rd-party payer refuses to provide the alcohol and other drug abuse services the court assigned to exercise jurisdiction under this chapter and ch. 48 or municipal court may order the health insurance provider or 3rd-party payer to pay for the alcohol and other drug abuse services in accordance with the terms of the parent's health insurance policy or other 3rd-party payment plan.
2. This paragraph applies to payment for alcohol and other drug abuse services in any county, including pilot counties under s. 938.547.
(am)
1. If a court assigned to exercise jurisdiction under this chapter and ch. 48 in a pilot county under s. 938.547 finds that payment cannot be attained under par. (a), the court may order payment under par. (b).
2. If a court assigned to exercise jurisdiction under this chapter and ch. 48 in a county that is not a pilot county under s. 938.547 finds that payment cannot be attained under par. (a), the court may order payment under s. 938.34 (6) (ar) or 938.36.
3. If a municipal court finds that payment cannot be attained under par. (a), the municipal court may order the municipality over which the municipal court has jurisdiction to pay for any alcohol and other drug abuse services ordered by the municipal court.
(b)
1. In pilot counties under s. 938.547, in addition to ordering payment under par. (a), the court assigned to exercise jurisdiction under this chapter and ch. 48 may order a county department of human services established under s. 46.23 or a county department established under s. 51.42 or 51.437 in the juvenile's county of legal residence to pay for the alcohol and other drug abuse services whether or not custody has been taken from the parent.
2. If a court orders a county department established under s. 51.42 or 51.437 to provide alcohol and other drug abuse services under this paragraph, the provision of the service is subject to conditions specified in ch. 51.
(c) Payment for alcohol and other drug abuse services by a county department or municipality under this section does not prohibit the county department or municipality from contracting with another county department, municipality, school district, or approved treatment facility for the provision of alcohol and other drug abuse services. Payment by the county or municipality under this section does not prevent recovery of reasonable contribution toward the costs of the court-ordered alcohol and other drug abuse services from the parent based upon the ability of the parent to pay. This subsection is subject to s. 46.03 (18).
History: 1995 a. 77, 275; 2005 a. 344; 2011 a. 32; 2015 a. 197 s. 51.
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.