Waukesha County

Documents will be accepted for filing between 8:00 AM and up to 4:30 PM, Monday through Friday, excluding legal holidays as observed by Waukesha County.

A. Office hours are 8:00 AM to 4:30 PM, regardless of whether or not Court is still in session.

B. Documents must be filed at the Juvenile Court Office located at the Juvenile Center, 521 Riverview, Waukesha, WI 53188, and not at the main courthouse, 515 West Moreland Blvd., Waukesha, WI 53188.

1.2 Filing Dates

Documents presented for filing between 8:00 AM and 4:30 PM, Monday through Friday, excluding legal holidays, will be received stamped with the same date as received.

A. Closing deadline will be strictly enforced.

B. Documents presented for filing after 4:30 PM will be considered filed the following working day, and will be filed stamped with the following working day's date.

C. If correspondence or a document is transmitted by facsimile machine, original documents are not to be mailed to the Clerk of Juvenile Court office for filing. Original documents are to be maintained by the signing party or his/her attorney.

1.3 Affidavit of Indigency

A. shall be completed by the party seeking to waive fees due to financial inability to pay;

B. fees can only be waived if approved by the Judge;

C. forms are available in the Juvenile Court Clerk's office.

1.4 Forms

Only forms adopted under the authority of, Wis. Stat. §758.18 or approved by the Juvenile Court may be used.

Rule 2: Procedure

2.1 Appearances

A. Minor must appear with a parent, guardian, or legal custodian in a Delinquincy or JIPS proceeding;

B. In a Chapter 48 CHIPS both parents, guardian or legal custodian, and the GAL are required to appear, and the appearance of minor is discretionary.

2.2 Detention Hearings

A. SCHEDULE: Detention hearings are held Monday through Friday before the Court. All parties are expected to meet with the assigned worker from DHHS prior to the hearing.

B. APPEARANCES: All parties to the proceeding are required to appear either in person or by electronic means.

C. REQUESTS FOR INITIAL DETENTION HEARING: Anyone requesting a detention hearing or a further review hearing must request the hearing telephonically or in writing no later than 10:00 a.m. on the date of the hearing. If a GAL is the requesting party, he or she shall notify all parties of the hearing date and time.

2.3 First (Initial) Appearance/Plea Hearing

Is a hearing before the Judge or Court Commissioner whereby the parties are informed of the allegations in the petition, as well as the constitutional/statutory rights he/she is entitled to. If the minor has an attorney, a Notice of Rights and Obligations form must be completed before the hearing.

2.4 Pre-Trial Conference

Is an informal meeting between all parties to address the rights of the parties, possible resolution, as well as further scheduling of the matter. All parties must attend the pre‑trial either in person or if necessary by telephone, unless represented by an attorney.

2.5 Motions

A. All Motions must be filed in writing, unless exempted by the Juvenile Court , and scheduled with the Juvenile Court.

B. All motions must state the relief sought, and the legal and factual basis.

2.6 Discovery

A. Form of Discovery Responses

An objection or an answer to an interrogatory shall reproduce the interrogatory to which it refers. A response or an objection to a request for admission shall reproduce the request to which it refers. A response or an objection to a request for production of documents shall reproduce the request to which it refers. Upon request, the party serving the discovery request shall provide it electronically, if available.

B. Service and Proof of Service of Discovery Documents

All discovery documents not filed with the assigned judge pursuant to '804.01 (6), Wis. Stats., shall be served on all other counsel of record and/or parties not represented by counsel of record and shall contain proof of service in the form of a statement of the date and manner of service and of the names of the persons served, certified by the person who made service. Proof of service may appear on or transmitted by facsimile transmission at the discretion of the Judge or Clerk.

C. Limitation on Interrogatories

(a) No party may serve more than a total of 35 interrogatories in any case upon any other party without the prior order of the court. For the purpose of computing the number of interrogatories served:

(1) each subpart of an interrogatory shall be construed as one interrogatory;

(2) parties represented by the same attorney or law firm shall be regarded as one party;

(3) interrogatories inquiring about the names and location of parties, expert witnesses, and other persons having knowledge of discoverable information, or about the existence, location, or custodian of documents or physical evidence shall not be counted toward the 35-interrogatory limit.

(b) If a party believes that additional interrogatories are necessary, he or she should promptly consult with the party to whom the additional interrogatories would be propounded and attempt to reach a written stipulation as to a reasonable number of additional interrogatories. If a written stipulation is reached, the stipulation and a proposed order permitting the propounding of additional interrogatories should promptly be served on all other parties and filed with the court. If a stipulation cannot be reached, the party seeking to serve additional interrogatories may move the court pursuant to Rule 3.4 for permission to serve additional interrogatories. The motion shall show the necessity for the relief requested.

D. Discovery Motions

All motions to compel discovery or production of documents pursuant to Chapter 804, Wis. Stats., or any motion to serve additional interrogatories pursuant to Rule 3.3 must be accompanied by an affidavit by the movant that, after consultation in person or by telephone with the opposing party and sincere attempts to resolve their differences, the parties are unable to reach an accord. The statement shall recite, in addition, the date and place of such consultation and the names of all parties participating therein.

E. Completion of Discovery

2.7 Jury Trials

A. Requests for cancellation must be made 48 hours prior to jury date;

B. No adjournments will be granted except for cause;

C. Costs for jurors may be assessed if jury is settled after jurors have arrived.

D. The jury fee must be paid within 10 days of the period of time permitted to demand a jury trial or as set by the Court. Untimely payment may constitute a waiver of jury trial.

2.8 Petitions for Extension

Must be filed at least 30 days prior to the date the order expires.

2.9 Facsimile Transmission of Documents to the Court

A. Page Limit

Based on Supreme Court Order, facsimiles exceeding fifteen (15) pages per document, excluding the cover sheet, will not be accepted for filing unless the Juvenile Court Judge or Clerk of Juvenile Court authorizes more pages. A charge will apply.

B. Original Documents

If correspondence or a document is transmitted by facsimile machine, original documents are not to be mailed to the Clerk of Juvenile Court office for filing. Original documents are to be maintained by the signing party or their attorney.

C. Hours of Operation

The Clerk of Juvenile Courts facsimile machine will be operational during regular county business hours: Monday through Friday, 8:00 AM to 4:30 PM. Papers filed by facsimile transmission are considered filed when transmitted, except that papers filed by facsimile transmission completed after regular county business hours of the Clerk of Juvenile Court office are considered filed the next business day.

EXCEPTION: Those time limits which are covered by statute.

2.10 Telephone/Video Appearances/Testimony

Telephone or video appearances must be requested in writing and approved by the Court.

2.11 Adjournment Requests

A. An adjournment request must be in writing to the court with a copy all parties. Any objection to the adjournment request must be in writing.

B. A written request for an adjournment does not adjourn the proceeding. Only the court has the authority to grant an adjournment request and all parties must wait for the final decision from the court before cancelling witnesses or being excused from the scheduled court date.

2.12 Parent Liability for Court Ordered Services

There are four categories of costs, which may be incurred and reimbursed in the juvenile system.

1. Residential - Child lives outside the parents home

2. Other services or treatment (i.e. counseling, supervision or monitoring)

3. Custody, non-residential (i.e. stays in shelter or secure pre-disposition, as part of disposition, holds, sanctions, or contempt

4. Attorney fees and GAL fees

The methodology used in this section to calculate liability serves to cap liability, not just establish a schedule for making payments.

Rule 3: Disposition Reports

3.1 Report Preparation

A designated representative of the Department of Health and Human Services shall prepare a Court Report in accordance with the mandates of Sec. 48.33 and 938.33, Wis. Stats.

3.2 Consent Decrees

If a Consent Decree is requested, a Court Report shall be filed by the Department.

3.3 Filing Deadline

Dispositional reports prepared by the Department will be filed with the Court 72 hours prior to the scheduled dispositional hearing.

3.4 Availability of Reports

No Court Report shall be released to a child, parent, the media, or others, without authorization of the Juvenile Court. However, contents of the report may be shared and discussed between counsel and client(s).

3.5 Parental Review

Unrepresented parents in JIPS/CHIPS proceedings may view the Court Report in the Juvenile Court Clerk's Office prior to the scheduled dispositional hearing.

3.6 Additional Disposition Information

Any party may submit material to the Court, with copies given to all the parties.

Rule 4: Confidentiality of Court Records

4.1 General Rule

Inspection and copying of records relating to a child developed under Chs. 48 and 938, and records of the Court exercising jurisdiction under Chs. 48 and 938 may occur only as authorized under Chapters 48 and 938, Wis. Stats. or this rule.

4.2 Attorney Exception

Counsel of record for the parties and the GAL may inspect and copy relevant records in the file(s) in which they appear. Records include Psychological/AODA Evaluations, Court Reports, Social Histories, Education Plans and Memorandums, which shall be reviewed with clients. However, such records are not to be given to the parties without court approval.

4.3 Unrepresented Parties

Unrepresented parties or authorized party may review the contents of their court file or the file subject to an authorization under secs. 48.396(2) and 938.396(2) Wis. Stats.

4.4 Media

Media access is governed by rules established by the Judge of Juvenile Court.

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Rule 5: Appointment of Guardian Ad Litem/Advocate Counsel

5.1 Eligibility

Guardians ad Litem and Advocate Counsel in juvenile court must complete a GAL/Advocate Counsel questionnaire, a statement that attorney will comply with the American Disabilities Act, and on an annual basis a statement of compliance with SCR 35.01. The GAL and advocate counsel with less than 5 years of experience in the Children’s Code must meet with the Waukesha County Juvenile Court Mentor Committee.

5.2 Appearances

From the date of appointment until the date of discharge, the guardian ad litem//advocate counsel shall attend all juvenile court appearances on behalf of the minor child unless unavailable due to short notice. If unavailable, the guardian ad litem should make a good faith attempt to state his or her recommendation by phone or by written correspondence filed with the court.

5.3 Appointment Termination

The guardian ad litem or advocate counsel appointment terminates upon the entry of the court's dispositional order or upon the termination of any appeal in which the guardian ad litem participates. If the guardian ad litem, the court, or the department anticipates the need for further involvement by the guardian ad litem after the dispositional order, this should be clearly stated on the record at the conclusion of the dispositional hearing.

5.4 Interim and Final Bills

The guardian ad litem or advocate counsel must submit interim bills at least quarterly. Final bills must be submitted within 30 days of discharge. All bills must be accompanied by an affidavit of payment form.

5.5 Pre-Approval for Out-of Pocket Expenses

Guardian ad Litem or Advocate Counsel must obtain pre‑approval for any out‑of‑ pocket expenses, including but not limited to: video depositions, clerical costs, private investigations, travel expenses, photocopies, telephone calls, fees for process service, mileage to and from court appearances, etc. Preauthorization must be obtained for Transcripts and Depositions. Time spent on research will not be reimbursed except in unusual circumstances pre‑approved by the court.

5.6 Fees After Discharge

Guardians ad litem or Advocate Counsels will not be compensated for any fees incurred in a matter after being discharged from the case, unless authorized by the Court.

5.7 Requests for DHHS Records

In order to comply with HIPAA, requests for Department of Health and Human Services records in Juvenile matters requires that the guardian ad litem or advocate counsel provide a copy of the Order Appointing GAL/Advocate Counsel to the Department before they will share any verbal or written information with you.

Rule 6: Termination of Parental Rights (TPR)

6.1 Forms

Forms may be obtained through the Juvenile Court Clerk's office and through the Wisconsin Court System Website http://www.wicourts.gov/forms1/circuit.htm ,or http://www.waukeshacounty.gov/.

6.2 GAL Deposit

A Petitioner other than Waukesha County or the State of Wisconsin shall pay a deposit determined by the Court to the Clerk of the Juvenile Court as an in initial deposit for GAL fees at the filing of the TPR or adoption.

The Clerk and GAL will administer the fee deposit as set forth in Rule 9.3.

6.3 Filing After Birth

Filings are only permitted after birth.

6.4 Home Study

Agency's home study to be submitted prior to hearing before the Court.

6.5 Birth Certificate Fee

Birth certificate fee is required if a new birth certificate is sought.

Rule 7: Adoptions

7.1 Guideline Packets

Forms may be obtained through the Juvenile Court Clerk's office or through the Wisconsin Court System http://www.wicourts.gov/forms1/circuit.htm ,or http://www.waukeshacounty.gov/.

7.2 GAL Deposit

A deposit determined by the Court will be collected by the court to be held in trust as a retainer for the guardian ad litem. Any balance due a GAL in excess of the retainer is the responsibility of the petitioning party. The Clerk and GAL will administer the fee deposit as set forth in Rule 9.3.

7.3 Birth Certificate Fees

A fee made payable to "Bureau of Vital Statistics" for the child's new birth certificate will also be collected for any child born in the State of Wisconsin. If child was born in another state, please call the court prior to filing to obtain the correct fee schedule for that state. Do not submit the fee for the new birth certificate if filing a foreign adoption.

7.4 Filing Deadline Pre-Hearing

All documents which are necessary for the hearing must be filed in the Juvenile Court office no later than 48 hours prior to the hearing. If any documents are missing, the court reserves the right to remove the matter from the calendar without further notice.

Rule 8: Civil Commitments

8.1 Scheduling and Appointments

The Court will schedule all matters, and appoint examining professionals.

8.2 Access to File

Access to civil commitment files is limited to the person involved, his or her attorney, county Corporation Counsel, and such other persons as approved by the court.

Rule 9: Guardianships (Chapter 54)

9.1 Forms

Forms may be obtained through the Juvenile Court Clerk's office or through the Wisconsin Court System Website: http://www.wicourts.gov/forms1/circuit.htm ,or http://www.waukeshacounty.gov/.

9.2 GAL Deposit

The moving party, other than the County, shall post a GAL deposit determined by the Court.

9.3 GAL Fee Administration

The Clerk of the Juvenile Court shall accept the GAL deposit and transfer the initial deposit to the Guardian ad Litem’s trust account upon execution of the Consent to Act. The Guardian ad Litem shall send monthly billing statements to the parties. When the GAL’s bill exceeds the initial deposit, the GAL shall send a letter to the court with an Affidavit setting forth the fees and a proposed order. The order will authorize the transfer of the deposit from the GAL’s trust account to the GAL. It may also order the parties to pay an additional deposit to the GAL’s trust account. If an additional deposit is not paid in a timely manner, the court will schedule an Order to Show Cause hearing to require the non-paying party to appear in court. The court may determine the ultimate apportionment of responsibility for the GAL fees. The GAL shall return any remaining funds left in the trust account to the depositing parties after the final billing statement has been paid.

9.4 Filing Over Minor Person and Estate

Joint petitions for guardianships over a minor’s person and a minor’s estate shall be filed with the Juvenile Court or as directed by the Chief Judge.

9.5 Proceedings to Modify/Terminate

Proceedings to modify or terminate a Chapter 54 guardianship are governed by all of the above.

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