Juvenile Laws in Wisconsin (2026): What Parents and Teens Need

Most parents don’t realize how different Wisconsin is when it comes to teens and the law. Seriously. If you’ve got a teenager, this stuff matters more than you think.

Wisconsin handles juvenile laws differently than most states. The rules are strict, and the consequences can be life-changing. Let’s break down exactly what you need to know.

What Makes Someone a Juvenile in Wisconsin?

Here’s where it gets interesting. In Wisconsin, a juvenile is anyone under 18 years old. But wait, there’s a catch.

If you’re 17 and get in trouble, you’re treated as an adult. That’s right, 17-year-olds go straight to adult court. Wisconsin is one of only three states that still does this.

Pretty serious, right?

This changed back in 1995. Before that, 17-year-olds went to juvenile court. Now they don’t. There’s been a lot of push to change this law, but as of 2026, it’s still in effect.

Basic Juvenile Court Rules

The juvenile justice system in Wisconsin is governed by Chapter 938 of state law. This is called the Juvenile Justice Code. Think of it as the rulebook for everything involving kids and the law.

Wondering what kinds of cases go to juvenile court? Good question. Juvenile court handles delinquency cases (crimes), ordinance violations (like curfew), and JIPS cases (Juveniles in Need of Protection or Services).

Kids under 10 generally can’t be charged with crimes. There’s one major exception though. If a child 10 or older is charged with first-degree intentional homicide, attempted homicide, or certain other serious violent crimes, they go straight to adult court.

Hold on, this part is important. Even for kids under 17, some serious crimes can bump them into adult court through a process called waiver.

When Juveniles Can Be Tried as Adults

Not sure what counts as serious enough for adult court? Let me break it down.

Kids aged 14 or older can be waived to adult court for certain crimes. The court looks at several things. How serious was the crime? Does the kid have a criminal history? Can the juvenile system provide adequate treatment?

Here’s the specific breakdown. A 14-year-old can be waived for homicide, certain sexual assaults, armed robbery, carjacking, or gang-related felonies. A 15-year-old can be waived for basically any crime.

Some juveniles automatically start in adult court. This happens if they committed homicide at age 10 or older. It also happens if they’ve been convicted in adult court before. And it happens for certain violent crimes committed in juvenile facilities.

Okay, pause. Read this carefully. Once a juvenile is tried as an adult even once, all future crimes go to adult court automatically. That’s a big deal.

Curfew Laws for Minors

Curfew laws vary by city in Wisconsin. There’s no statewide curfew. Each municipality sets its own rules.

Most Wisconsin cities have curfew ordinances. Milwaukee, for example, has strict rules. Kids under 17 can’t be out from 10 p.m. to 5 a.m. Sunday through Thursday. Friday and Saturday, the curfew starts at 11 p.m.

Other cities have similar rules. La Crosse County sets different times based on age. Kids 15 to 17 have an 11 p.m. curfew during the school year. Ages 12 to 14 have a 10 p.m. curfew. Kids under 12 have a 9 p.m. curfew.

Sound complicated? It’s actually not. Just check your local city ordinance. The rules are public information.

What are the exceptions? You’re covered if you’re with a parent or guardian. You’re also okay if you’re going to or from work. Emergency situations count too. And school or religious activities are fine.

Breaking curfew can cost you. In Milwaukee, the fine is $74 for a juvenile. Parents can be fined $175 if they knowingly let their kid violate curfew. Some cities like Elm Grove charge $109 plus mandatory court appearance.

Honestly, this is the part most parents miss. Curfew violations can also affect a teen’s driver’s license. Many courts will suspend driving privileges as punishment.

Juvenile Detention and Arrest

When can police take a juvenile into custody? Law enforcement can detain a kid for committing a crime, violating probation, or running away from a juvenile facility.

Here’s what you need to do. Police must immediately try to notify parents or guardians. They keep trying until someone is reached or the juvenile goes to intake. Taking a juvenile into custody isn’t technically an arrest, but it’s treated the same way.

Most juveniles are released quickly. Police make every effort to release kids to their parents right away. But there are exceptions. If the crime is serious, if there’s risk to public safety, or if the juvenile might not appear in court, they’ll be held.

Kids can be held in secure detention for up to 48 hours before a hearing. After that, a judge must decide if continued detention is necessary. The court looks at whether the juvenile is a flight risk or a danger to themselves or others.

Stay with me here. Wisconsin law requires that all custodial interrogations of juveniles be recorded. This protects both the juvenile and law enforcement. If police stop recording during questioning, that can cause legal problems.

Juvenile Court Process

The process starts with intake. An intake worker reviews the case. They decide whether to handle it informally, file a petition, or dismiss it.

If a petition is filed, there’s a plea hearing. The juvenile can admit or deny the allegations. If they deny it, there’s a fact-finding hearing (basically a trial). Juveniles have the right to an attorney. If they can’t afford one, the court appoints a lawyer.

What happens if the juvenile is found delinquent? That’s when the judge issues a disposition. Think of it like sentencing in adult court. Options include probation, community service, counseling, placement in a juvenile facility, or fines.

Probation is the most common outcome. The juvenile stays home but must follow strict rules. Regular check-ins with a probation officer. No more law violations. Attending school. Maybe counseling or treatment programs.

Wondering if this applies to you? It does if your kid gets in legal trouble. The system moves fast, so having a lawyer early helps tremendously.

Penalties and Consequences for Juveniles

Penalties vary based on what the juvenile did. Minor violations like curfew or truancy usually result in fines, community service, or warnings for first offenses.

More serious delinquent acts carry tougher consequences. A juvenile can be placed on probation for up to two years. They might be sent to a juvenile correctional facility. The court can order restitution (paying back victims).

For underage alcohol possession, the penalties are specific. First offense brings a fine up to $50 or community service. The juvenile’s driver’s license can be suspended for 30 to 90 days. A second violation within 12 months bumps the fine to $100.

Less severe than felonies in adult court, but still no joke. Juvenile adjudications can affect your future. They can impact college applications, military service, and some jobs.

Here’s where it gets tricky. Certain juvenile adjudications require firearm restrictions. If adjudicated for an act that would be a felony, the juvenile cannot possess firearms. The court must inform them of this.

Record Sealing and Expungement

You’re not alone, this confuses a lot of people. Juvenile records in Wisconsin don’t automatically seal when you turn 18. You have to petition the court.

Juveniles can request expungement after turning 17. The court must find that the juvenile complied with all terms of their disposition. They also look at whether expungement would benefit the juvenile and whether society would be harmed.

What records can be expunged? Most delinquency adjudications are eligible. There are some mandatory expungements for first-time invasion of privacy violations under certain statutes.

The process requires filing a petition with the court. There’s typically no fee. If granted, the court seals all paper and electronic records. The case file is treated as if it never existed.

But wait, there’s more to know. Expungement only seals the court record. Other agencies like the FBI, Department of Justice, and local law enforcement still have records. They just can’t be accessed by the general public.

This means background checks won’t show the offense. Employers, landlords, and schools typically won’t see it. But law enforcement and certain government agencies can still access it for specific purposes.

Trust me, this works. Getting a juvenile record expunged makes a huge difference. It removes a major barrier to employment, education, and housing.

Truancy and School Attendance Laws

Wisconsin takes school attendance seriously. State law requires kids ages 6 to 18 to attend school regularly. Missing school without a valid excuse is truancy.

A student is considered truant after being absent for part or all of five or more days in a semester. The school must notify parents. If truancy continues, the school refers the case to the district attorney or intake worker.

Parents can be held responsible too. If a parent knowingly allows habitual truancy, they can be fined. The penalty is typically $500 or less, but it varies by municipality.

What counts as a valid excuse? Illness, family emergency, religious observance, court appearance, or medical appointments. The parent or guardian must notify the school.

Many cities have truancy ordinances with their own penalties. Courts can order various dispositions. Community service, counseling, restrictions on the juvenile’s activities, or even placement outside the home in serious cases.

Personally, I think these laws make sense. Education is critical, and consistent attendance matters for kids’ futures.

Understanding JIPS (Juveniles in Need of Protection or Services)

JIPS cases are different from delinquency. These involve juveniles who need help but haven’t necessarily committed crimes.

A juvenile can be considered JIPS for several reasons. Running away from home repeatedly. Being habitually truant. Refusing to obey parents. Being abandoned or abused. Having serious mental health or substance abuse issues.

The goal is protection and services, not punishment. The court can order counseling, family therapy, placement with relatives, or residential treatment. In serious cases, the court might remove the juvenile from the home.

Parents or guardians can also petition for JIPS. If a kid is out of control and parents can’t manage the behavior, they can ask the court for help. This isn’t about getting the kid in trouble. It’s about getting appropriate services and support.

Now, here’s where things get serious. JIPS dispositions can last until age 18 or until the court’s goals are met. The court regularly reviews these cases to check progress.

Rights of Juveniles in Wisconsin

Juveniles have many of the same constitutional rights as adults. They have the right to remain silent. The right to an attorney. The right to a fair hearing. The right to confront witnesses.

But wait, it gets better. Juveniles also get some special protections. Their cases are typically confidential. Hearings are closed to the public. Records have restricted access.

Parents must be notified when a juvenile is taken into custody. They have the right to be present during questioning and court proceedings. Parents can participate in the process and speak at hearings.

Don’t worry, we’ll break it down step by step. If your child is questioned by police, they should ask for a lawyer immediately. Juveniles can waive their rights, but it’s almost never a good idea.

Police must record interrogations. If they don’t, statements might be thrown out. This protects juveniles from coercion or improper questioning tactics.

How to Handle a Juvenile Legal Issue

Most people don’t realize how strict these laws are. If your teen gets in legal trouble, act quickly. Get a lawyer who specializes in juvenile law. They understand the system and can protect your kid’s rights.

Don’t talk to police without an attorney present. Anything your child says can be used against them. Even if they think they’re helping by explaining, it often makes things worse.

Attend all court dates. Missing court can result in additional charges and a warrant. Take the process seriously, even if the charge seems minor.

Work with probation officers if ordered. Completing all requirements is crucial for avoiding harsher penalties. It also helps if you later seek expungement.

Document everything. Keep copies of all court papers, receipts for fines or restitution, and proof of completed community service or classes. This helps prove compliance.

Special Circumstances and Exceptions

Some situations create unique legal issues. Indian juveniles have special protections under the Indian Child Welfare Act. These cases involve tribal notification and specific procedures.

Juveniles with mental health or substance abuse issues can be referred to special proceedings. Chapter 51 allows for emergency detention and treatment for juveniles who are dangerous to themselves or others due to mental illness or addiction.

Gang-related offenses carry enhanced penalties. A juvenile who commits a felony for a criminal gang can be waived to adult court at age 14. Wisconsin takes gang activity seriously.

Repeat offenders face escalating consequences. Each new violation brings tougher penalties. Judges consider prior history when imposing dispositions.

Sound complicated? It’s more common than you think. Many families deal with these situations. Getting proper legal help early makes all the difference.

Recent Changes to Wisconsin Juvenile Law

There’s ongoing debate about raising the age. Advocates want 17-year-olds back in juvenile court instead of adult court. Bills have been introduced, but as of early 2026, the law hasn’t changed.

In 2025, some updates to Chapter 938 were passed through Wisconsin Act 24. These refined certain procedures around waiver hearings and juvenile detention. The changes aimed to provide more clarity on jurisdictional issues.

Youth Justice Innovation Grants were expanded in 2025. Counties can apply for funding to create innovative programs for at-risk youth. The goal is early intervention before serious delinquency develops.

Emergency detention procedures for juveniles with mental health crises were updated. New training requirements for intake workers took effect. These changes aim to improve how the system handles juveniles in crisis.

Okay, pause. Read this carefully. Laws change, and what’s true today might be different next year. Always verify current law when dealing with a specific situation.

Resources for Parents and Juveniles

Need help? Several organizations provide support. The Wisconsin Department of Children and Families oversees the youth justice system. Their website has tons of information.

Legal aid organizations offer free or low-cost representation. The State Public Defender’s office handles many juvenile cases. Private attorneys who specialize in juvenile law are also available.

County human services departments provide resources. Many offer counseling, family support, and intervention programs. These services can help before legal problems escalate.

School counselors and social workers can connect families with resources. They often know about local programs and support systems. Don’t hesitate to ask for help.

The State Law Library website has comprehensive information on juvenile law. Court websites explain procedures and provide forms. Many counties have self-help centers for people navigating the system.

Frequently Asked Questions

At what age can a child be charged with a crime in Wisconsin? Generally, children under 10 cannot be charged with crimes in Wisconsin. However, children 10 and older can be charged with serious crimes like homicide and certain violent offenses. For most other crimes, a child must be at least 12 to face delinquency charges.

Do juvenile records automatically seal when you turn 18? No, juvenile records don’t automatically seal at 18. You must petition the court for expungement after turning 17. The court decides whether to grant it based on compliance with your disposition and other factors.

Can a 17-year-old go to juvenile court in Wisconsin? No, 17-year-olds are treated as adults in Wisconsin’s criminal justice system. They go to adult court for any criminal violations. Wisconsin is one of only three states that still handles 17-year-olds this way.

What happens if my teen violates curfew? Curfew violations result in fines that vary by city. Many charge between $25 and $124 for the juvenile. Parents can be fined $50 to $200 if they knowingly allowed the violation. Some courts also suspend driving privileges.

Can parents be punished for their child’s criminal behavior? Yes, in certain situations. Parents can be fined for knowingly allowing curfew violations or contributing to truancy. If a parent fails to ensure school attendance, they face penalties. However, parents aren’t generally liable for their child’s delinquent acts unless they contributed to them.

Final Thoughts

Now you know the basics. Wisconsin’s juvenile laws are complex, but understanding them helps you protect your teen. The consequences of legal trouble can be serious and long-lasting.

Stay informed, stay safe, and when in doubt, talk to a lawyer. The earlier you get help, the better the outcome usually is. Don’t wait until a small problem becomes a big one.

Remember, the juvenile justice system exists to rehabilitate, not just punish. With the right approach and support, most kids can move past mistakes and build successful futures.

References

Wisconsin Legislature – Chapter 938: Juvenile Justice Code https://docs.legis.wisconsin.gov/statutes/statutes/938

Wisconsin Department of Children and Families – Youth Justice https://dcf.wisconsin.gov/ys/yj

Wisconsin State Law Library – Juvenile Justice Resources https://wilawlibrary.gov/topics/justice/juvenile.php

Wisconsin Court System – Juvenile Court Information https://www.wicourts.gov/services/public/selfhelp/juvenile.htm

Kids Forward – Wisconsin Juvenile Justice Advocacy https://kidsforward.org/raise-the-age-wisconsin/