In RE JLW v. Waukesha County

The issue is whether a trial court must dismiss a juvenile delinquency petition with prejudice under sec. 48.24(5), Stats., when a juvenile intake worker transfers a case to another county and a referral is not made to the district attorney of that county until after forty days from the date of the first intake worker’s inquiry. We conclude, under the facts of this case, that the answer is "no.”

Section 48.24(5), Stats., mandates dismissal with prejudice if an intake worker does not make a disposition of his or her duty within forty days after the case is first referred. The text of sec.…