J.W.T. v. State
In J.W.T. v. State, 159 Wis. 2d 754, 760-61, 465 N.W.2d 520 (Ct. App. 1990) the Court declined to adopt a bright-line rule regarding the commencement of the forty-day time limit of Wis. Stat. 48.24. In J.W.T., a Barron county juvenile intake officer received information from J.W.T.'s high school principal that J.W.T. had been involved in a car theft and was being held in detention in Duluth, Minnesota. See J.W.T., 159 Wis. 2d at 757.
The intake worker contacted local law enforcement, who had no record of the incident. See id.
While J.W.T.'s mother confirmed the arrest and detention, it took numerous phone calls to both Wisconsin and Minnesota law enforcement and over six weeks before the intake worker finally received a police report detailing the incident in question. See J.W.T., 159 Wis. 2d at 757-59.
Thirty-nine days after receiving the police report, the intake worker referred the matter to the district attorney's office for a delinquency petition. See id. at 760.
The Court held that the referral information was received, and thus the forty-day time limit was triggered, on the day the intake worker received the police report and therefore the recommendation was timely filed. See id. at 763.