AB550: Bill Text

LRB-3632/1

GMM:cjs:jf

2009 - 2010 LEGISLATURE

2009 Assembly BILL 550

November 5, 2009 - Introduced by Representatives Knodl, Grigsby, Berceau, Danou and Townsend, cosponsored by Senators Sullivan, Taylor, Coggs, Darling and Lehman. Referred to Committee on Children and Families.

AB550,1,6 An Act to amend 48.396 (2) (a), 48.47 (7g), 48.78 (2) (a), 938.396 (2) and 938.78 (2) (a); and to create 48.396 (3) of the statutes; relating to: the exchange of electronic records contained in the Consolidated Court Automation Program and in the Statewide Automated Child Welfare Information System between the director of state courts and the Department of Children and Families and providing a penalty.

Analysis by the Legislative Reference Bureau

Under current law, the director of state courts has established a consolidated electronic system, know as the Consolidated Court Automation Program (CCAP), that contains information about cases filed in the circuit courts in this state, including cases filed in the courts assigned to exercise jurisdiction under the Children's Code and the Juvenile Justice Code (juvenile courts). Records of the juvenile court, however, are confidential and may not be opened to inspection, nor may their contents be disclosed, except under certain statutory exceptions or by an order of the juvenile court.

Also, under current law, the Department of Children and Families (DCF) has established a Statewide Automated Child Welfare Information System (SACWIS) that contains information about child welfare cases entered into that system by DCF, county departments of human services or social services (county departments), and licensed child welfare agencies. Current law permits DCF, a county department, or any other agency that has entered into an information sharing and access agreement with DCF or a county department and that has been approved for access to SACWIS by DCF to have access to information maintained in SACWIS, if necessary for the performance of its duties under state or federal law.

This bill permits the director of state courts and DCF to enter into an agreement to allow for the transfer of electronic records that are contained in the CCAP system to DCF and for the transfer of electronic records that are contained in SACWIS to the director of state courts. The agreement must specify what types of information may be transferred under the agreement. In addition, the agreement must permit: 1) DCF to allow access to any information transferred to DCF under the agreement only for the purpose of providing child welfare or juvenile justice intake or dispositional services; and 2) the director of state courts to allow access to any information transferred to the director of state courts only for the purposes of a proceeding under the Children's Code or the Juvenile Justice Code. Finally, the bill requires DCF, the director of state courts, and any individual who is allowed access to any information transferred under the agreement to keep the information confidential and to use and further disclose the information only for the purposes permitted under the agreement and provides for a forfeiture of not more than $5,000 for any person who intentionally discloses information in violation of the bill.

For further information see the state fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB550, s. 1 Section 1. 48.396 (2) (a) of the statutes is amended to read:

AB550,2,7 48.396 (2) (a) Records of the court assigned to exercise jurisdiction under this chapter and ch. 938 and of courts exercising jurisdiction under s. 48.16 shall be entered in books or deposited in files kept for that purpose only. They shall not be open to inspection or their contents disclosed except by order of the court assigned to exercise jurisdiction under this chapter and ch. 938 or as permitted under this section subsection, sub. (3) (b) and (c) 1. or (6), or s. 48.375 (7) (e).

AB550, s. 2 Section 2. 48.396 (3) of the statutes is created to read:

AB550,2,11 48.396 (3) (a) In this subsection, "consolidated court automation program system" means the statewide electronic circuit court case management system established under s. 758.19 (4) and maintained by the director of state courts.

AB550,3,7 (b) The department and the director of state courts may enter into an agreement to allow for the transfer of electronic records that are contained in the consolidated court automation program system to the department and for the transfer of electronic records that are contained in the statewide automated child welfare information system maintained by the department under s. 48.47 (7g) to the director of state courts. The agreement shall specify what types of information may be transferred under the agreement.

AB550,3,11 (c) 1. The agreement under par. (b) shall permit the department to allow access to any information transferred to the department under the agreement only for the purpose of providing services under s. 48.06, 48.067, 48.069, 938.06, 938,067, or 938.069.

AB550,3,14 2. The agreement under par. (b) shall permit the director of state courts to allow access to any information transferred to the director of state courts only for the purposes of a proceeding under this chapter or ch. 938.

AB550,3,18 3. The department, the director of state courts, and any individual who is allowed access to any information transferred under par. (b) shall keep the information confidential and may use and further disclose the information only for the purposes described in subds. 1. and 2.

AB550,3,20 (d) Any person who intentionally discloses information in violation of par. (c) may be required to forfeit not more than $5,000.

AB550, s. 3 Section 3. 48.47 (7g) of the statutes is amended to read:

AB550,4,14 48.47 (7g) Statewide automated child welfare information system. Establish a statewide automated child welfare information system. Notwithstanding ss. 46.2895 (9), 48.396 (1) and (2) (a), 48.78 (2) (a), 48.981 (7), 49.45 (4), 49.83, 51.30, 51.45 (14) (a), 55.22 (3), 146.82, 252.11 (7), 252.15, 253.07 (3) (c), 938.396 (1) (a) and (2), and 938.78 (2) (a), the department may enter the content of any record kept or information received by the department into the statewide automated child welfare information system, and a county department under s. 46.215, 46.22, or 46.23, the department, or any other organization that has entered into an information sharing and access agreement with the department or any of those county departments and that has been approved for access to the statewide automated child welfare information system by the department may have access to information that is maintained in that system, if necessary to enable the county department, department, or organization to perform its duties under this chapter, ch. 46, 51, 55, or 938, or 42 USC 670 to 679b to or to coordinate the delivery of services under this chapter, ch. 46, 51, 55, or 938, or 42 USC 670 to 679b. The department may also transfer information that is maintained in the system to the director of state courts under s. 48.396 (3) (b), who may allow access to that information as provided in s. 48.396 (3) (c) 2.

AB550, s. 4 Section 4. 48.78 (2) (a) of the statutes is amended to read:

AB550,4,20 48.78 (2) (a) No agency may make available for inspection or disclose the contents of any record kept or information received about an individual in its care or legal custody, except as provided under s. 48.371, 48.38 (5) (b) or (d) or (5m) (d), 48.396 (3) (b) and (c) 1. and 2., 48.432, 48.433, 48.48 (17) (bm), 48.57 (2m), 48.93, 48.981 (7), 938.51, or 938.78 or by order of the court.

AB550, s. 5 Section 5. 938.396 (2) of the statutes is amended to read:

AB550,5,3 938.396 (2) Court records; confidentiality. Records of the court assigned to exercise jurisdiction under this chapter and ch. 48 and of municipal courts exercising jurisdiction under s. 938.17 (2) shall be entered in books or deposited in files kept for that purpose only. Those records shall not be open to inspection or their contents disclosed except by order of the court assigned to exercise jurisdiction under this chapter and ch. 48 or as permitted under sub. (2g) or (10) or s. 48.396 (3) (b) and (c) 1.

AB550, s. 6 Section 6. 938.78 (2) (a) of the statutes is amended to read:

AB550,5,9 938.78 (2) (a) No agency may make available for inspection or disclose the contents of any record kept or information received about an individual who is or was in its care or legal custody, except as provided under sub. (3) or s. 48.396 (3) (b) and (c) 1. and 2., 938.371, 938.38 (5) (b) or (d) or (5m) (d), 938.51, or 938.57 (2m) or by order of the court.

AB550,5,10 (End)