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Juveniles – truancy — sanctions

Wisconsin Court of Appeals


Juveniles – truancy — sanctions

Where the circuit court never entered written dispositional order finding that parents had violated truancy ordinances, it lacked authority to sanction them.

“Dylan and Renee argue that the court lacked statutory authority to order electronic monitoring as a sanction. They correctly note that the statutes contain a list of permitted sanctions, and electronic monitoring is not one of them. See WIS. STAT. §§ 938.342(1g)(b)-(k), 938.342(1m), 938.355(6m)(a)1m., 938.355(6m)(ag). Where a statute lists items included in its purview, omission of an item is evidence that the legislature intended to exclude it. See Gottlieb v. City of Milwaukee, 90 Wis. 2d 86, 95, 279 N.W.2d 479 (Ct. App. 1979). Moreover, the juvenile code ‘is a chapter of carefully spelled out definitions and enumerated powers.’ See State ex rel. Harris v. Larson, 64 Wis. 2d 521, 527, 219 N.W.2d 335 (1974). Its language is ‘carefully drawn to circumscribe judicial and administrative action.’ See id. ‘[I]n short, if the legislature did not specifically confer a power, it is evidence of legislative intent not to permit the exercise of the power.’ See id.”


Recommended for publication in the official reports.

2011AP1338 & 2011AP1339 State v. Dylan S.

Dist. III, Outagamie County, McGinnis, J., Peterson, J.

Attorneys: For Appellant: Lee, Devon M., Madison; For Respondent: Weber, Gregory M., Madison; Schneider, Carrie A., Appleton; Doucette, Stacy L., Appleton

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