LRBs0351/1
GMM:jld/lmk/bk:nwn
2007 - 2008 LEGISLATURE
SENATE SUBSTITUTE AMENDMENT 1,
TO 2007 SENATE BILL 384
March 6, 2008 - Offered by Senator
Grothman.
SB384-SSA1,1,3
1An Act to amend 48.396 (2) (a) and 938.396 (2); and
to create 48.396 (2m) and
2938.396 (2m) of the statutes;
relating to: disclosure of juvenile court records
3to agencies providing services to a juvenile court and providing a penalty.
Analysis by the Legislative Reference Bureau
Under current law, subject to certain exceptions, the records of the court
assigned to exercise jurisdiction under the Children's Code and the Juvenile Justice
Code (juvenile court) are confidential and may not be opened to inspection or their
contents disclosed except by order of the juvenile court. Current law, however,
requires a juvenile court, on the request of any other juvenile court, a municipal
court, or a district attorney, corporation counsel, municipal attorney, or attorney or
guardian ad litem for a party to a proceeding in that other juvenile court or municipal
court to review the juvenile court's records for the purpose of that proceeding, to open
for inspection by any authorized representative of the requester the records of the
juvenile court relating to any child who has been the subject of a proceeding in the
juvenile court.
This substitute amendment provides that the records of the juvenile court shall
be open for inspection by a social worker employed by the Department of Health and
Family Services, a county department of human services or social services, or a
licensed child welfare agency who is providing services to a juvenile court. Before
a person may inspect a record under the substitute amendment, the person must
submit a signed statement to the custodian of the record stating why inspection of
the record is necessary and stating that the person will keep the information
obtained from the record confidential as required under current law and will use and
further disclose the information only for the purpose of providing services to the
juvenile court. A person who obtains any information under the substitute
amendment may use and further disclose the information only for the purpose of
providing services to the juvenile court or as permitted under current law.
In addition, the substitute amendment provides for a forfeiture of not more
than $5,000 for a person who intentionally discloses information in violation of the
substitute amendment.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB384-SSA1,2,72
48.396
(2) (a) Records of the court assigned to exercise jurisdiction under this
3chapter and ch. 938 and of courts exercising jurisdiction under s. 48.16 shall be
4entered in books or deposited in files kept for that purpose only.
They Those records 5shall not be open to inspection or their contents disclosed except by order of the court
6assigned to exercise jurisdiction under this chapter and ch. 938 or as permitted under
7this
section subsection, sub. (2m), or (6), or s. 48.375 (7) (e).
SB384-SSA1,3,79
48.396
(2m) Notwithstanding sub. (2) (a), records of a court assigned to
10exercise jurisdiction under this chapter and ch. 938 shall be open for inspection by
11a social worker employed by the department, a county department, or a licensed child
12welfare agency who is providing services to a court under s. 48.06, 48.07, 938.06, or
13938.07. Before a person may inspect a record under this subsection, the person shall
14submit a signed statement to the custodian of the record stating why inspection of
15the record is necessary and stating that the person will keep the information
16obtained from the record confidential as required under ss. 48.78 and 938.78 and will
17use and further disclose that information only for the purpose of providing services
1to a court under s. 48.06, 48.07, 938.06, or 938.07 or as permitted under s. 48.78 or
2938.78. A person who obtains any information under this subsection shall keep the
3information confidential as provided in the signed statement and may use and
4further disclose the information only for the purpose specified in the signed
5statement or as permitted under ss. 48.78 and 938.78. Any person who intentionally
6discloses information in violation of this subsection may be required to forfeit not
7more than $5,000.
SB384-SSA1,3,149
938.396
(2) Court records; confidentiality. Records of the court assigned to
10exercise jurisdiction under this chapter and ch. 48 and of municipal courts exercising
11jurisdiction under s. 938.17 (2) shall be entered in books or deposited in files kept for
12that purpose only. Those records shall not be open to inspection or their contents
13disclosed except by order of the court assigned to exercise jurisdiction under this
14chapter and ch. 48 or as permitted under sub. (2g)
, (2m), or (10).
SB384-SSA1,4,716
938.396
(2m) Confidentiality of court records; other exceptions.
17Notwithstanding sub. (2), records of the court assigned to exercise jurisdiction under
18this chapter and ch. 48 shall be open for inspection by a social worker employed by
19the department of health and family services, a county department, or a licensed
20child welfare agency who is providing services to a court under s. 48.06, 48.07,
21938.06, or 938.07. Before a person may inspect a record under this subsection, the
22person shall submit a signed statement to the custodian of the record stating why
23inspection of the record is necessary and stating that the person will keep the
24information obtained from the record confidential as required under ss. 48.78 and
25938.78 and will use and further disclose that information only for the purpose of
1providing services to a court under s. 48.06, 48.07, 938.06, or 938.07 or as permitted
2under s. 48.78 or 938.78. A person who obtains any information under this
3subsection shall keep the information confidential as provided in the signed
4statement and may use and further disclose the information only for the purpose
5specified in the signed statement or as permitted under ss. 48.78 and 938.78. Any
6person who intentionally discloses information in violation of this subsection may be
7required to forfeit not more than $5,000.
