938.38(4)(dm)
(dm) If as a result of the placement the juvenile has been or will be transferred from the school in which the juvenile is or most recently was enrolled, documentation that a placement that would maintain the juvenile in that school is either unavailable or inappropriate or that a placement that would result in the juvenile's transfer to another school would be in the juvenile's best interests.
938.38(4)(dr)
(dr) Medical information relating to the juvenile, including all of the following:
938.38(4)(dr)1.
1. The names and addresses of the juvenile's physician, dentist, and any other health care provider that is or was previously providing health care services to the juvenile.
938.38(4)(dr)2.
2. The juvenile's immunization record, including the name and date of each immunization administered to the juvenile.
938.38(4)(dr)3.
3. Any known medical condition for which the juvenile is receiving medical care or treatment and any known serious medical condition for which the juvenile has previously received medical care or treatment.
938.38(4)(dr)4.
4. The name, purpose, and dosage of any medication that is being administered to the juvenile and the name of any medication that causes the juvenile to suffer an allergic or other negative reaction.
938.38(4)(e)
(e) A plan for ensuring the safety and appropriateness of the placement and a description of the services provided to meet the needs of the juvenile and family, including a discussion of services that have been investigated and considered and are not available or likely to become available within a reasonable time to meet the needs of the juvenile or, if available, why such services are not safe or appropriate.
938.38(4)(f)
(f) A description of the services that will be provided to the juvenile, the juvenile's family, and the juvenile's foster parent, the juvenile's treatment foster parent, the operator of the facility where the juvenile is living, or the relative with whom the juvenile is living to carry out the dispositional order, including services planned to accomplish all of the following:
938.38(4)(f)1.
1. Ensure proper care and treatment of the juvenile and promote safety and stability in the placement.
938.38(4)(f)2.
2. Meet the juvenile's physical, emotional, social, educational and vocational needs.
938.38(4)(f)3.
3. Improve the conditions of the parents' home to facilitate the safe return of the juvenile to his or her home, or, if appropriate, obtain an alternative permanent placement for the juvenile.
938.38(4)(fg)
(fg) The goal of the permanency plan or, if the agency is making concurrent reasonable efforts under
s. 938.355 (2b), the goals of the permanency plan. If a goal of the permanency plan is any goal other than return of the juvenile to his or her home, the permanency plan shall include the rationale for deciding on that goal. If a goal of the permanency plan is an alternative permanent placement under
subd. 5., the permanency plan shall document a compelling reason why it would not be in the best interest of the juvenile to pursue a goal specified in
subds. 1. to
4. The agency shall determine one or more of the following goals to be the goal or goals of a juvenile's permanency plan:
938.38(4)(fg)4.
4. Permanent placement of the juvenile with a fit and willing relative.
938.38(4)(fg)5.
5. Some other alternative permanent placement, including sustaining care, independent living, or long-term foster care.
938.38(4)(fm)
(fm) If the goal of the permanency plan is to place the juvenile for adoption, with a guardian, with a fit and willing relative, or in some other alternative permanent placement, the efforts made to achieve that goal.
938.38(4)(g)
(g) The conditions, if any, upon which the juvenile will be returned safely to his or her home, including any changes required in the parents' conduct, the juvenile's conduct or the nature of the home.
938.38(4)(h)
(h) If the juvenile is 15 years of age or older, a description of the programs and services that are or will be provided to assist the juvenile in preparing for the transition from out-of-home care to independent living. The description shall include all of the following:
938.38(4)(h)1.
1. The anticipated age at which the juvenile will be discharged from out-of-home care.
938.38(4)(h)2.
2. The anticipated amount of time available in which to prepare the juvenile for the transition from out-of-home care to independent living.
938.38(4)(h)3.
3. The anticipated location and living situation of the juvenile on discharge from out-of-home care.
938.38(4)(h)4.
4. A description of the assessment processes, tools, and methods that have been or will be used to determine the programs and services that are or will be provided to assist the juvenile in preparing for the transition from out-of-home care to independent living.
938.38(4)(h)5.
5. The rationale for each program or service that is or will be provided to assist the juvenile in preparing for the transition from out-of-home care to independent living, the time frames for delivering those programs or services, and the intended outcome of those programs or services.
938.38(5)(a)(a) Except as provided in
s. 48.63 (5) (d), the court or a panel appointed under
par. (ag) shall review the permanency plan in the manner provided in this subsection not later than 6 months after the date on which the juvenile was first removed from his or her home and every 6 months after a previous review under this subsection for as long as the juvenile is placed outside the home, except that for the review that is required to be conducted not later than 12 months after the juvenile was first removed from his or her home and the reviews that are required to be conducted every 12 months after that review, the court shall hold a hearing under
sub. (5m) to review the permanency plan. The hearing may be instead of or in addition to the review under this subsection.
938.38(5)(ag)
(ag) If the court elects not to review the permanency plan, the court shall appoint a panel to review the permanency plan. The panel shall consist of 3 persons who are either designated by an independent agency that has been approved by the chief judge of the judicial administrative district or designated by the agency that prepared the permanency plan. A voting majority of persons on each panel shall be persons who are not employed by the agency that prepared the permanency plan and who are not responsible for providing services to the juvenile or the parents of the juvenile whose permanency plan is the subject of the review.
938.38(5)(am)
(am) The court may appoint an independent agency to designate a panel to conduct a permanency plan review under
par. (a). If the court appoints an independent agency under this paragraph, the county department of the county of the court shall authorize and contract for the purchase of services from the independent agency.
938.38(5)(b)
(b) The court or the agency shall notify the parents of the juvenile, the juvenile, if he or she is 10 years of age or older, and the juvenile's foster parent, the juvenile's treatment foster parent, the operator of the facility in which the juvenile is living, or the relative with whom the juvenile is living of the date, time, and place of the review, of the issues to be determined as part of the review, and of the fact that they may have an opportunity to be heard at the review by submitting written comments not less than 10 working days before the review or by participating at the review. The court or agency shall notify the person representing the interests of the public, the juvenile's counsel, and the juvenile's guardian ad litem of the date of the review, of the issues to be determined as part of the review, and of the fact that they may submit written comments not less than 10 working days before the review. The notices under this paragraph shall be provided in writing not less than 30 days before the review and copies of the notices shall be filed in the juvenile's case record.
938.38(5)(c)
(c) The court or the panel shall determine each of the following:
938.38(5)(c)1.
1. The continuing necessity for and the safety and appropriateness of the placement.
938.38(5)(c)2.
2. The extent of compliance with the permanency plan by the agency and any other service providers, the juvenile's parents, the juvenile and the juvenile's guardian, if any.
938.38(5)(c)3.
3. The extent of any efforts to involve appropriate service providers in addition to the agency's staff in planning to meet the special needs of the juvenile and the juvenile's parents.
938.38(5)(c)4.
4. The progress toward eliminating the causes for the juvenile's placement outside of his or her home and toward returning the juvenile safely to his or her home or obtaining a permanent placement for the juvenile.
938.38(5)(c)5.
5. The date by which it is likely that the juvenile will be returned to his or her home or placed for adoption, with a guardian or in some other alternative permanent placement.
938.38(5)(c)6.
6. If the juvenile has been placed outside of his or her home, as described in
s. 938.365 (1), for 15 of the most recent 22 months, not including any period during which the juvenile was a runaway from the out-of-home placement or the first 6 months of any period during which the juvenile was returned to his or her home for a trial home visit, the appropriateness of the permanency plan and the circumstances which prevent the juvenile from any of the following:
938.38(5)(c)6.b.
b. Having a petition for the involuntary termination of parental rights filed on behalf of the juvenile.
938.38(5)(c)6.cm.
cm. Being placed in the home of a fit and willing relative of the juvenile.
938.38(5)(c)6.d.
d. Being placed in some other alternative permanent placement, including sustaining care, independent living, or long-term foster care.
938.38(5)(c)7.
7. Whether reasonable efforts were made by the agency to achieve the goal of the permanency plan, unless return of the juvenile to the home is the goal of the permanency plan and any of the circumstances specified in
s. 938.355 (2d) (b) 1. to
4. applies.
938.38(5)(d)
(d) Notwithstanding
s. 938.78 (2) (a), the agency that prepared the permanency plan shall, at least 5 days before a review by a review panel, provide to each person appointed to the review panel, the person representing the interests of the public, the juvenile's counsel and the juvenile's guardian ad litem a copy of the permanency plan and any written comments submitted under
par. (b). Notwithstanding
s. 938.78 (2) (a), a person appointed to a review panel, the person representing the interests of the public, the juvenile's counsel and the juvenile's guardian ad litem may have access to any other records concerning the juvenile for the purpose of participating in the review. A person permitted access to a juvenile's records under this paragraph may not disclose any information from the records to any other person.
938.38(5)(e)
(e) Within 30 days, the agency shall prepare a written summary of the determinations under
par. (c) and shall provide a copy to the court that entered the order, the juvenile or the juvenile's counsel or guardian ad litem, the person representing the interests of the public, the juvenile's parent or guardian and the juvenile's foster parent, the juvenile's treatment foster parent or the operator of the facility where the juvenile is living.
938.38(5)(f)
(f) If the summary prepared under
par. (e) indicates that the review panel made recommendations that conflict with the court order or that provide for additional services not specified in the court order, the agency primarily responsible for providing services to the juvenile shall request a revision of the court order.
938.38(5m)(a)(a) The court shall hold a hearing to review the permanency plan and to make the determinations specified in
sub. (5) (c) no later than 12 months after the date on which the juvenile was first removed from the home and every 12 months after a previous hearing under this subsection for as long as the juvenile is placed outside the home.
938.38(5m)(b)
(b) Not less than 30 days before the date of the hearing, the court shall notify the juvenile; the juvenile's parent, guardian, and legal custodian; the juvenile's foster parent or treatment foster parent, the operator of the facility in which the juvenile is living, or the relative with whom the juvenile is living; the juvenile's counsel, and the juvenile's guardian ad litem; the agency that prepared the permanency plan; and the person representing the interests of the public of the date, time, and place of the hearing.
938.38(5m)(c)
(c) Any person who is provided notice of the hearing may have an opportunity to be heard at the hearing by submitting written comments relevant to the determinations specified in
sub. (5) (c) not less than 10 working days before the date of the hearing or by participating at the hearing. A foster parent, treatment foster parent, operator of a facility in which a juvenile is living, or relative with whom a juvenile is living who receives notice of a hearing under
par. (b) and an opportunity to be heard under this paragraph does not become a party to the proceeding on which the hearing is held solely on the basis of receiving that notice and opportunity to be heard.
938.38(5m)(d)
(d) At least 5 days before the date of the hearing the agency that prepared the permanency plan shall provide a copy of the permanency plan and any written comments submitted under
par. (c) to the court, to the juvenile's parent, guardian, and legal custodian, to the person representing the interests of the public, and to the juvenile's counsel or guardian ad litem. Notwithstanding
s. 938.78 (2) (a), the person representing the interests of the public and the juvenile's counsel or guardian ad litem may have access to any other records concerning the juvenile for the purpose of participating in the review. A person permitted access to a juvenile's records under this paragraph may not disclose any information from the records to any other person.
938.38(5m)(e)
(e) After the hearing, the court shall make written findings of fact and conclusions of law relating to the determinations under
sub. (5) (c) and shall provide a copy of those findings of fact and conclusions of law to the juvenile; the juvenile's parent, guardian, and legal custodian; the juvenile's foster parent or treatment foster parent, the operator of the facility in which the juvenile is living, or the relative with whom the juvenile is living; the agency that prepared the permanency plan; and the person representing the interests of the public. The court shall make the findings specified in
sub. (5) (c) 7. on a case-by-case basis based on circumstances specific to the juvenile and shall document or reference the specific information on which those findings are based in the findings of fact and conclusions of law prepared under this paragraph. Findings of fact and conclusions of law that merely reference
sub. (5) (c) 7. without documenting or referencing that specific information in the findings of fact and conclusions of law or amended findings of fact and conclusions of law that retroactively correct earlier findings of fact and conclusions of law that do not comply with this paragraph are not sufficient to comply with this paragraph.
938.38(5m)(f)
(f) If the findings of fact and conclusions of law under
par. (e) conflict with the juvenile's dispositional order or provide for any additional services not specified in the dispositional order, the court shall revise the dispositional order under
s. 938.363 or order a change in placement under
s. 938.357, as appropriate.
938.38(6)
(6) Rules. The department shall promulgate rules establishing the following:
938.38(6)(a)
(a) Procedures for conducting permanency plan reviews.
938.38(6)(c)
(c) Standards for reasonable efforts to prevent placement of juveniles outside of their homes, while assuring that their health and safety are the paramount concerns, and to make it possible for juveniles to return safely to their homes if they have been placed outside of their homes.
938.38(6)(d)
(d) The format for permanency plans and review panel reports.
938.38(6)(e)
(e) Standards and guidelines for decisions regarding the placement of juveniles.
938.38 Annotation
The time limits in sub. (3) are not a prerequisite to trial court jurisdiction. Interest of Scott Y.
175 Wis. 2d 222,
499 N.W.2d 219 (Ct. App. 1993).
938.38 Note
NOTE: The above annotation cites to s. 48.38, the predecessor statute to s. 938.38.
938.39
938.39
Disposition by court bars criminal proceeding. Disposition by the court of any violation of state law within its jurisdiction under
s. 938.12 bars any future criminal proceeding on the same matter in circuit court when the juvenile reaches the age of 17. This section does not affect criminal proceedings in circuit court that were transferred under
s. 938.18.
938.39 History
History: 1995 a. 77;
2005 a. 344.
938.39 Annotation
The extension of a previously entered dispositional order due to the juvenile's participation in an armed robbery while subject to the order was not a "disposition" of the armed robbery charge, and the subsequent prosecution of the armed robbery charge in adult court did not violate s. 48.39 [now s. 938.39] or the constitutional protection against double jeopardy. State v. Stephens,
201 Wis. 2d 82,
548 N.W.2d 108 (Ct. App. 1996),
95-2103.
938.396(1)(a)(a) Confidentiality. Law enforcement agency records of juveniles shall be kept separate from records of adults. Law enforcement agency records of juveniles may not be open to inspection or their contents disclosed except under
par. (b) or
(c),
sub. (1j) or
(10), or
s. 938.293 or by order of the court.
938.396(1)(b)
(b)
Applicability. Paragraph (a) does not apply to any of the following:
938.396(1)(b)1.
1. The disclosure of information to representatives of the news media who wish to obtain information for the purpose of reporting news. A representative of the news media who obtains information under this subdivision may not reveal the identity of the juvenile involved.
938.396(1)(b)2.
2. The confidential exchange of information between a law enforcement agency and officials of the school attended by the juvenile. A public school official who obtains information under this subdivision shall keep the information confidential as required under
s. 118.125, and a private school official who obtains information under this subdivision shall keep the information confidential in the same manner as is required of a public school official under
s. 118.125.
938.396(1)(b)3.
3. The confidential exchange of information between a law enforcement agency and another law enforcement agency. A law enforcement agency that obtains information under this subdivision shall keep the information confidential as required under
par. (a) and
s. 48.396 (1).
938.396(1)(b)4.
4. The confidential exchange of information between a law enforcement agency and a social welfare agency. A social welfare agency that obtains information under this subdivision shall keep the information confidential as required under
ss. 48.78 and
938.78.
938.396(1)(b)5.
5. The disclosure of information relating to a juvenile 10 years of age or over who is subject to the jurisdiction of a court of criminal jurisdiction.
938.396(1)(c)
(c)
Exceptions. Notwithstanding
par. (a), law enforcement agency records of juveniles may be disclosed as follows:
938.396(1)(c)1.
1. If requested by the parent, guardian or legal custodian of a juvenile who is the subject of a law enforcement officer's report, or if requested by the juvenile, if 14 years of age or over, a law enforcement agency may, subject to official agency policy, provide to the parent, guardian, legal custodian or juvenile a copy of that report.
938.396(1)(c)2.
2. Upon the written permission of the parent, guardian or legal custodian of a juvenile who is the subject of a law enforcement officer's report or upon the written permission of the juvenile, if 14 years of age or over, a law enforcement agency may, subject to official agency policy, make available to the person named in the permission any reports specifically identified by the parent, guardian, legal custodian or juvenile in the written permission.
938.396(1)(c)3.
3. A law enforcement agency, on its own initiative or on the request of the school district administrator of a public school district, the administrator of a private school, or the designee of the school district administrator or the private school administrator, may, subject to official agency policy, provide to the school district administrator, private school administrator, or designee, for use as provided in
s. 118.127 (2), any information in its records relating to any of the following:
938.396(1)(c)3.a.
a. The use, possession, or distribution of alcohol or a controlled substance or controlled substance analog by a juvenile enrolled in the public school district or private school.
938.396(1)(c)3.c.
c. An act for which a juvenile enrolled in the school district or private school was taken into custody under
s. 938.19 based on a law enforcement officer's belief that the juvenile was committing or had committed a violation of any state or federal criminal law.
938.396(1)(c)3.d.
d. An act for which a juvenile enrolled in the public school district or private school was adjudged delinquent.
938.396(1)(c)4.
4. A law enforcement agency may enter into an interagency agreement with a school board, a private school, a social welfare agency, or another law enforcement agency providing for the routine disclosure of information under
subs. (1) (b) 2. and
(c) 3. to the school board, private school, social welfare agency, or other law enforcement agency.
938.396(1)(c)5.
5. If requested by a victim of a juvenile's act, a law enforcement agency may, subject to official agency policy, disclose to the victim any information in its records relating to the injury, loss or damage suffered by the victim, including the name and address of the juvenile and the juvenile's parents. The victim may use and further disclose the information only for the purpose of recovering for the injury, damage or loss suffered as a result of the juvenile's act.
938.396(1)(c)6.
6. If requested by the victim-witness coordinator, a law enforcement agency shall disclose to the victim-witness coordinator any information in its records relating to the enforcement of rights under the constitution, this chapter, and
s. 950.04 or the provision of services under
s. 950.06 (1m), including the name and address of the juvenile and the juvenile's parents. The victim-witness coordinator may use the information only for the purpose of enforcing those rights and providing those services and may make that information available only as necessary to ensure that victims and witnesses of crimes, as defined in
s. 950.02 (1m), receive the rights and services to which they are entitled under the constitution, this chapter, and
ch. 950. The victim-witness coordinator may also use the information to disclose the name and address of the juvenile and the juvenile's parents to the victim of the juvenile's act.
938.396(1)(c)7.
7. If a juvenile has been ordered to make restitution for any injury, loss or damage caused by the juvenile and if the juvenile has failed to make that restitution within one year after the entry of the order, the insurer of the victim, as defined in
s. 938.02 (20m) (a) 1., may request a law enforcement agency to disclose to the insurer any information in its records relating to the injury, loss or damage suffered by the victim, including the name and address of the juvenile and the juvenile's parents, and the law enforcement agency may, subject to official agency policy, disclose to the victim's insurer that information. The insurer may use and further disclose the information only for the purpose of investigating a claim arising out of the juvenile's act.
938.396(1)(c)8.
8. If requested by a fire investigator under
s. 165.55 (15), a law enforcement agency may, subject to official agency policy, disclose to the fire investigator any information in its records relating to a juvenile as necessary for the fire investigator to pursue his or her investigation under
s. 165.55. The fire investigator may use and further disclose the information only for the purpose of pursuing that investigation.
938.396(1)(d)
(d)
Law enforcement access to school records. On petition of a law enforcement agency to review pupil records, as defined in
s. 118.125 (1) (d), other than pupil records that may be disclosed without a court order under
s. 118.125 (2) or
(2m), for the purpose of pursuing an investigation of any alleged delinquent or criminal activity or on petition of a fire investigator under
s. 165.55 (15) to review those pupil records for the purpose of pursuing an investigation under
s. 165.55 (15), the court may order the school board of the school district, or the governing body of the private school, in which a juvenile is enrolled to disclose to the law enforcement agency or fire investigator the pupil records of that juvenile as necessary for the law enforcement agency or fire investigator to pursue the investigation. The law enforcement agency or fire investigator may use the pupil records only for the purpose of the investigation and may make the pupil records available only to employees of the law enforcement agency or fire investigator who are working on the investigation.
