7. Other Financial Impacts on Youth, and Families
Juvenile court proceedings can be very expensive for children and their families. Some of the costs are direct consequences, but many are indirect. This section describes some of the most common costs.⁵⁷
Restitution: An order for a child to pay restitution, pursuant to Wis. Stat. § 938.34(5), is a direct consequence of a delinquency adjudication. But custodial parents may also be responsible for restitution, pursuant to Wis. Stat. §§ 895.035, 938.45(1r). Failure to pay court-ordered restitution, either by a parent or a child, can result in the entry of a judgment against the child and parent. Wis. Stat. § 895.035(2m).
Victims of delinquency and their insurers may also bring a civil lawsuit against the child and parents, which could include damages for pain and suffering, as well as restitution. Wis. Stats. § 938.21(3m), Herget v. Circuit Court, 84 Wis. 2d 436, 267 N.W. 2d 309 (1978).
Forfeiture: A forfeiture may also be a direct consequence of a delinquency adjudication - up to the maximum amount of a fine that may be imposed upon an adult for the violation. Failure to pay that forfeiture may result in suspension of a driver license or a hunting and fishing license. Wis. Stat. § 938.34(8). The driver license suspension will result in further costs for reinstatement of the license. Parents can also be ordered to pay the child’s forfeiture. Wis. Stat. § 938.45(1r). Failure to pay may result in the entry of a judgment against the child and the parent. Wis. Stat. § 895.035(2m)(b).
Victim-Witness Surcharge: The juvenile court is required to impose a $20 delinquency victim and witness surcharge for each dispositional order it enters. Failure to pay the surcharge may result in suspension of a driver license or a hunting and fishing license. Wis. Stat. § 938.34(8d). The driver license suspension will result in further costs for reinstatement of the license. Failure to pay may also result in entry of a judgment against the child and parents. Wis. Stat. § 895.035(2m)(b).
Cost of Legal Counsel: When a child is represented by an attorney appointed by the Office of the State Public Defender (OSPD) or an attorney provided by the county, the court must order parents to contribute to the cost, unless the parent is the petitioning party or a victim in the case, or the court finds that the interest of the parents and the child are “substantially and directly adverse” so that reimbursement would be unfair to the parent. Wis. Stat. § 938.275(2). The order is typically made at the dispositional hearing and may only be entered after completion of the proceeding or until the state or county is no longer providing the child with legal counsel. Wis. Stat. § 938.275(2)(am). The statutes do not address representation for post-dispositional matters.
The OSPD cost of counsel for indigent children in delinquency cases as of January 1, 2022, was $240 when the alleged delinquent acts were misdemeanors, $480 when the petition alleged felony-level offenses. Wis. Stat. §§ 938.275(2)(b), 977.07, Wis. Adm. Code § PD 6.01. In cases in which the county provided counsel, the court or a county department determines indigency, and the court “shall establish the amount of reimbursement,” taking into account the parent’s ability to pay. Wis. Stat. § 938.275(2)(c).
Cost of Pre-Trial Custody and Services: If a child is held in custody pending delinquency proceedings, the court must order the parent to contribute toward the expense of holding the child in custody pursuant to Wis. Stat. §§ 938.20, 938.21, based on the court’s determination of ability to pay. Wis. Stat. § 938.275(1). This includes secure detention, non-secure placements, and monitoring services if they are part of the court’s non-secure custody order. Wis. Stat. § 938.21(4)(a),(4m).
Cost of Physical, Psychological Examinations, Drug or Alcohol Abuse Assessments: In any case in which the court finds reasonable cause, it has authority to order a physical, psychological, mental or developmental examination, or an alcohol and other drug abuse assessment of the child. Wis. Stat. § 938.295(1). For alcohol or drug abuse assessments, the parent is expected to pay through health insurance or other third-party payments if possible. If that type of payment is not possible, the court can order the county department to pay, and the county department can recover costs from parents based on their ability to pay. Wis. Stat. §§ 938.295(1)(c), 938.361. For other examinations, the county is required to pay. Wis. Stat. § 938.295(1).
The court also has authority to order a competency examination of the child under certain circumstances, with the cost paid by the county. Again, however, the county may recover costs from the parent, based on ability to pay. Wis Stat. § 938.295(2). This cost can be substantial, especially if more than one competency evaluation is ordered.
Testing for Sexually Transmitted Diseases: If at or after the plea hearing but before a dispositional order is entered, or if the child has been found delinquent, in need of protection or services, or not responsible by reason of mental disease or defect, or if the child has pled to, or if the child has been found not competent, on a petition alleging a violation of Wis Stat. §§ 940.225, 948.02, 948.025, 948.05, 948.06, or 948.085, the court can order testing for sexually transmitted diseases and HIV. Wis. Stat. § 938.296(2). In that case, again, the court may order the county to pay, with recovery authorized from parents according to their ability to pay. Wis. Stat. § 938.296(6).
Testing for Communicable Diseases: If a child is alleged to have violated Wis. Stat. § 946.43(2m), expelling bodily fluids toward a person in a detention or other facility, the court can, if it finds probable cause, order communicable disease testing. Wis. Stat. § 938.296(5). The court may order the county to pay costs, with recovery authorized from parents according to their ability to pay. Wis. Stat. § 938.296(6).
Cost of Dispositional Services: If a child is found delinquent, in violation of a civil law or ordinance, or in need of protection or services, the court must order the parents to pay for post-adjudication and disposition services, including sanctions, according to the court’s determination of ability to pay. Wis. Stat. §§ 938.275(1)(b),(c), 938.33(4m), 938.36.
Procedure for Determination of Ability to Pay: If it appears to the court that a child is likely to be placed outside the home, the court must order the parents to provide a statement of income, assets, debts and living expenses for a determination of ability to pay child support. Wis. Stat. §§ 938.30(6)(b), 938.31(7)(b). See Juvenile Court Forms JD-1717⁵⁸, JD-1718.⁵⁹
The court may order the parents to provide that statement at any other time during the delinquency proceedings. The statement must be submitted to the court, the county department, and/or the agency that is writing the Wis. Stat. § 938.33 dispositional report.
The disposition report must make a recommendation for child support and must notify the parents that they can request that the court modify the amount. Wis. Stat. § 938.33(4m). The agency, and the court, are required to consider the factors set forth in Wis. Stat. § 301.12(14)(c).
The disposition order must state the amount that the parents are required to pay if the child is placed outside the home. Wis. Stat. §§ 938.355(2)(b)(4) and (4m), 938.36. Under Wis. Stat. § 938.36(2), the county pays for non-residential disposition services, but may recover costs from parents, based on their ability to pay.
⁵⁷ Practices governing collection of costs and fees vary from county to county. For a study of the costs of fee collection, see Impact of Juvenile Justice Fines and Fees on Family Life: Case Study in Dane County, WI, Written by: Leslie Paik, City College of the City University of New York and Chiara Packard, University of Wisconsin-Madison 2019, <https://debtorsprison.jlc.org/documents/JLC-Debtors-Prison-dane-county.pdf>
⁵⁸ Order To Provide Statement of Income, Assets, Debts, and Living Expenses (Juvenile),State of Wisconsin Circuit Court, JD-1717, Rev. 5/30/00 <https://www.wicourts.gov/formdisplay/JD-1717.pdf?formNumber=JD-1717&formType=Form&formatId=2&language=en>
⁵⁹ Statement of Income, Assets, Debts and Living Expenses (Juvenile), State of Wisconsin Circuit Court, JD 1718, Rev. 11/21/19 <https://www.wicourts.gov/formdisplay/JD-1718.pdf?formNumber=JD-1718&formType=Form&formatId=2&language=en>
