2005 Wisconsin Act 344

Note: For an explanation of the change to s. 938.363 (1) (d), stats., see the Note to s. 938.30 (6) (b) and (c), stats., as affected by this bill.

344,490 Section 490. 938.364 of the statutes is amended to read:

938.364 Dismissal of certain dispositional orders. A juvenile, the juvenile's parent, guardian, or legal custodian, or the district attorney or corporation counsel in the county in which the dispositional order was entered may request a judge the court to dismiss an order made under s. 938.342 (2) if the juvenile shows documentary proof that he or she is enrolled in a school program or a high school equivalency program, or the. The court may on its own motion also propose such a dismissal.

344,491 Section 491. 938.365 (1) and (1m) of the statutes are amended to read:

938.365 (1) Date on which juvenile placed outside home. In this section, a juvenile is considered to have been placed outside of his or her home on the date on which the juvenile was first removed from his or her home, except that in the case of a juvenile who on removal was removed from his or her home was and first placed in a secure juvenile detention facility, a secured juvenile correctional facility, a secured child caring institution, or a secured group home residential care center for children and youth for 60 days or more and then moved to a nonsecured nonsecure out-of-home placement, the juvenile is considered to have been placed outside of his or her home on the date on which the juvenile was moved to the nonsecured nonsecure out-of-home placement.

(1m) Request for extension. The parent, juvenile, guardian, legal custodian, any person or agency bound by the dispositional order, the district attorney or corporation counsel in the county in which the dispositional order was entered, or the court on its own motion, may request an extension of an order under s. 938.355. The request shall be submitted to the court which entered the order. No An order under s. 938.355 that placed for placement of a juvenile in detention, nonsecure custody, or inpatient treatment under s. 938.34 (3) (f) or (6) (am) may not be extended. No other order Other orders or portions of orders under s. 938.355 may be extended except only as provided in this section.

344,492 Section 492. 938.365 (2) (title) and (2g) (title) of the statutes are created to read:

938.365 (2) (title) Notice.

(2g) (title) Court report.

344,493 Section 493. 938.365 (2g) (b) 2. and (c) of the statutes are amended to read:

938.365 (2g) (b) 2. An evaluation of the juvenile's adjustment to the placement and of any progress the juvenile has made, suggestions for amendment of the permanency plan, and specific information showing the efforts that have been made to achieve the goal of the permanency plan, including, if applicable, the efforts of the parents to remedy the factors that contributed to the juvenile's placement, unless return of the juvenile to the home is the goal of the permanency plan and any of the circumstances specified in under s. 938.355 (2d) (b) 1. to 4. applies.

(c) In cases where If the juvenile has not been placed outside the home, the report shall contain a description of efforts that have been made by all parties concerned toward meeting the objectives of treatment, care, or rehabilitation,; an explanation of why these efforts have not yet succeeded in meeting the objective,; and anticipated future planning for the juvenile.

344,494 Section 494. 938.365 (2m) (title) of the statutes is created to read:

938.365 (2m) (title) Hearing and order.

344,495 Section 495. 938.365 (2m) (a), (ad) 1. and (ag) of the statutes are amended to read:

938.365 (2m) (a) 1. Any party may present evidence relevant to the issue of extension. If the juvenile is placed outside of his or her home, the person or agency primarily responsible for providing services to the juvenile shall present as evidence specific information showing that the agency has made reasonable efforts to achieve the goal of the juvenile's permanency plan, unless return of the juvenile to the home is the goal of the permanency plan and any of the circumstances specified in under s. 938.355 (2d) (b) 1. to 4. applies. The court shall make findings of fact and conclusions of law based on the evidence. The findings of fact shall include a finding as to whether reasonable efforts were made by the agency primarily responsible for providing services to the juvenile to achieve the goal of the juvenile's permanency plan, unless return of the juvenile to the home is the goal of the permanency plan and the court finds that any of the circumstances specified in under s. 938.355 (2d) (b) 1. to 4. applies. An order shall be issued under s. 938.355.

2. If the court finds that any of the circumstances specified in under s. 938.355 (2d) (b) 1. to 4. applies with respect to a parent, the order shall include a determination that the person or agency primarily responsible for providing services to the juvenile is not required to make reasonable efforts with respect to the parent to make it possible for the juvenile to return safely to his or her home.

3. The court shall make the findings specified in under subd. 1. relating to reasonable efforts to achieve the goal of the juvenile's permanency plan and the findings specified in under subd. 2. 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 order issued under s. 938.355. An order that merely references subd. 1. or 2. without documenting or referencing that specific information in the order or an amended order that retroactively corrects an earlier order that does not comply with this subdivision is not sufficient to comply with this subdivision.

(ad) 1. If the court finds that any of the circumstances specified in under s. 938.355 (2d) (b) 1. to 4. applies with respect to a parent, the court shall hold a hearing within 30 days after the date of that finding to determine the permanency plan for the juvenile. If a hearing is held under this subdivision, the agency responsible for preparing the permanency plan shall file the permanency plan with the court not less than 5 days before the date of the hearing.

(ag) The court shall give a foster parent, treatment foster parent, or other physical custodian described in s. 48.62 (2) who is notified of a hearing under par. (ad) 2. or sub. (2) an opportunity to be heard at the hearing by permitting the foster parent, treatment foster parent, or other physical custodian to make a written or oral statement during the hearing, or to submit a written statement prior to the hearing, relevant to the issue of extension. A foster parent, treatment foster parent, or other physical custodian described in s. 48.62 (2) who receives notice of a hearing under par. (ad) 2. or sub. (2) 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.

344,496 Section 496. 938.365 (3) (title) and (4) (title) of the statutes are created to read:

938.365 (3) (title) Waiver of appearance.

(4) (title) Dispositions to be considered.

344,497 Section 497. 938.365 (5) and (6) of the statutes are amended to read:

938.365 (5) Duration of extension. Except as provided in s. 938.368, an order under this section that continues the placement of a juvenile in his or her home or that extends an order under s. 938.34 (4d), (4h), (4m), or (4n) shall be for a specified length of time not to exceed one year after its date of entry. Except as provided in s. 938.368, an order under this section that continues the placement of a juvenile in a foster home, treatment foster home, group home, or residential care center for children and youth or in the home of a relative other than a parent shall be for a specified length of time not to exceed the date on which the juvenile reaches attains 18 years of age, one year after the date of entry of on which the order is granted, or, if the juvenile is a full-time student at a secondary school or its vocational or technical equivalent and is reasonably expected to complete the program before reaching attaining 19 years of age, the date on which the juvenile reaches attains 19 years of age, whichever is later.

(6) Hearings conducted after order terminates. If a request to extend a dispositional order is made prior to the termination of the order, but the court is unable to conduct a hearing on the request prior to the termination date, the court may extend the order for a period of not more than 30 days, not including any period of delay resulting from any of the circumstances specified in under s. 938.315 (1). The court shall grant appropriate relief as provided in s. 938.315 (3) with respect to any request to extend a dispositional order on which a hearing is not held within the time limit specified in this subsection. Failure to object if a hearing is not held within the time limit specified in under this subsection waives that time limit.

Note: Modifies s. 938.365 (5), stats., so that an extension of a dispositional order expires one year after the court orally makes, or grants, its order instead of one year after the order is filed with the clerk of court.

344,498 Section 498. 938.365 (7) (title) of the statutes is created to read:

938.365 (7) (title) Changes in placement not permitted.

344,499 Section 499. 938.368 (1) (title) of the statutes is created to read:

938.368 (1) (title) Termination of parental rights proceedings.

344,500 Section 500. 938.368 (2) (intro.) of the statutes is amended to read:

938.368 (2) Placement with guardian. (intro.) If a juvenile's placement with a guardian appointed under s. 48.977 (2) is designated by the court under s. 48.977 (3) as a permanent foster placement for the juvenile while a dispositional order under s. 938.345, a revision order under s. 938.363, or an extension order under s. 938.365 is in effect with respect to the juvenile, such the dispositional order, revision order, or extension order shall remain in effect until the earliest of the following:

344,501 Section 501. 938.37 (1) (title) and (3) (title) of the statutes are created to read:

938.37 (1) (title) Juvenile court.

(3) (title) Civil and criminal courts.

344,502 Section 502. 938.371 of the statutes is amended to read:

938.371 Access to certain information by substitute care provider. (1) Medical information. If a juvenile is placed in a foster home, treatment foster home, group home, residential care center for children and youth, or secured juvenile correctional facility, including a placement under s. 938.205 or 938.21, the agency, as defined in s. 938.38 (1) (a), that placed the juvenile or arranged for the placement of the juvenile shall provide the following information to the foster parent, treatment foster parent, or operator of the group home, residential care center for children and youth, or secured juvenile correctional facility at the time of placement or, if the information has not been provided to the agency by that time, as soon as possible after the date on which the agency receives that information, but not more than 2 working days after that date:

(a) Results of a test or a series of tests of the juvenile to determine the presence of HIV, as defined in s. 968.38 (1) (b), antigen or nonantigenic products of HIV, or an antibody to HIV, as provided under s. 252.15 (5) (a) 19., including results included in a court report or permanency plan. At the time that the test results are provided, the agency shall notify the foster parent, treatment foster parent, or operator of the group home, residential care center for children and youth, or secured juvenile correctional facility of the confidentiality requirements under s. 252.15 (6).

(b) Results of any tests of the juvenile to determine the presence of viral hepatitis, type B, including results included in a court report or permanency plan. The foster parent, treatment foster parent, or operator of a group home, residential care center for children and youth, or secured juvenile correctional facility receiving information under this paragraph shall keep the information confidential.

(c) Any other medical information concerning the juvenile that is necessary for the care of the juvenile. The foster parent, treatment foster parent, or operator of a group home, residential care center for children and youth, or secured juvenile correctional facility receiving information under this paragraph shall keep the information confidential.

(3) Other information. At the time of placement of a juvenile in a foster home, treatment foster home, group home, residential care center for children and youth, or secured juvenile correctional facility or, if the information is not available at that time, as soon as possible after the date on which the court report or permanency plan has been submitted, but no later than 7 days after that date, the agency, as defined in s. 938.38 (1) (a), responsible for preparing the juvenile's permanency plan shall provide to the foster parent, treatment foster parent, or operator of the group home, residential care center for children and youth, or secured juvenile correctional facility information contained in the court report submitted under s. 938.33 (1) or 938.365 (2g) or permanency plan submitted under s. 938.355 (2e) or 938.38 relating to findings or opinions of the court or agency that prepared the court report or permanency plan relating to any of the following:

(a) Any mental, emotional, cognitive, developmental, or behavioral disability of the juvenile. The foster parent, treatment foster parent, or operator of a group home, residential care center for children and youth, or secured juvenile correctional facility receiving information under this subsection shall keep the information confidential.

(b) Any involvement of the juvenile in any criminal gang, as defined in s. 939.22 (9), or in any other group in which any child was traumatized as a result of his or her association with that group. The foster parent, treatment foster parent, or operator of a group home, residential care center for children and youth, or secured juvenile correctional facility receiving information under this paragraph shall keep the information confidential.

(c) Any involvement of the juvenile in any activities that are harmful to the juvenile's physical, mental, or moral well-being. The foster parent, treatment foster parent, or operator of a group home, residential care center for children and youth, or secured juvenile correctional facility receiving information under this paragraph shall keep the information confidential.

(d) Any involvement of the juvenile, whether as victim or perpetrator, in sexual intercourse or sexual contact in violation of s. 940.225, 948.02, or 948.025, prostitution in violation of s. 944.30, sexual exploitation of a child in violation of s. 948.05, or causing a child to view or listen to sexual activity in violation of s. 948.055, if the information is necessary for the care of the juvenile or for the protection of any person living in the foster home, treatment foster home, group home, residential care center for children and youth, or secured juvenile correctional facility. The foster parent, treatment foster parent, or operator of a group home, residential care center for children and youth, or secured juvenile correctional facility receiving information under this paragraph shall keep the information confidential.

(e) The religious affiliation or belief beliefs of the juvenile.

344,503 Section 503. 938.373 (1) (title) of the statutes is created to read:

938.373 (1) (title) Authorization by court.

344,504 Section 504. 938.373 (2) (title) of the statutes is created to read:

938.373 (2) (title) Abortion; judicial waiver of parental consent requirement.

344,505 Section 505. 938.38 (2) (intro.), (3) (a) and (b) and (4) (ar) and (h) (intro.) of the statutes are amended to read:

938.38 (2) Permanency plan required. (intro.) Except as provided in sub. (3), for each juvenile living in a foster home, treatment foster home, group home, residential care center for children and youth, secure juvenile detention facility, or shelter care facility, the agency that placed the juvenile or arranged the placement or the agency assigned primary responsibility for providing services to the juvenile under s. 938.355 shall prepare a written permanency plan, if any of the following conditions exists, and, for each juvenile living in the home of a relative other than a parent, that agency shall prepare a written permanency plan, if any of the conditions specified in under pars. (a) to (e) exists:

(3) (a) If the juvenile is alleged to be delinquent and is being held in a secure juvenile detention facility, juvenile portion of a county jail, or shelter care facility, and the agency intends to recommend that the juvenile be placed in a secured juvenile correctional facility, or a secured child caring institution or a secured group home residential care center for children and youth, the agency is not required to submit the permanency plan unless the court does not accept the recommendation of the agency. If the court places the juvenile in any facility outside of the juvenile's home other than a secured juvenile correctional facility, or a secured child caring institution or a secured group home residential care center for children and youth, the agency shall file the permanency plan with the court within 60 days after the date of disposition.

(b) If the juvenile is held for less than 60 days in a secure juvenile detention facility, juvenile portion of a county jail, or a shelter care facility, no permanency plan is required if the juvenile is returned to his or her home within that period.

(4) (ar) A description of the services offered and any services provided in an effort to prevent the removal of the juvenile from his or her home, while assuring that the health and safety of the juvenile are the paramount concerns, and to achieve the goal of the permanency plan, except that the permanency plan is not required to include a description of the services offered or provided with respect to a parent of the juvenile to prevent the removal of the juvenile from the home or to achieve the permanency plan goal of returning the juvenile safely to his or her home if any of the circumstances specified under in s. 938.355 (2d) (b) 1. to 4. apply to that parent.

(h) (intro.) If the juvenile is 15 years of age or over 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:

344,506 Section 506. 938.38 (5) (a) of the statutes is amended to read:

938.38 (5) (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 12 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, which. The hearing may be instead of or in addition to the review under this subsection.

Note: In s. 938.38 (5) (a), stats., substitutes "every 6 months after a previous review" for "every 12 months after a previous review". The current reference to "12 months" was an inadvertent mistake when the original law was enacted. The provision should parallel s. 48.38 (5) (a), stats., which specifies "6 months."

344,507 Section 507. 938.39 of the statutes is amended to read:

938.39 Disposition by court bars criminal proceeding. Disposition by the court of any violation of state law coming 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 which that were transferred under s. 938.18.

344,508 Section 508. 938.396 (1) (title) of the statutes is created to read:

938.396 (1) (title) Law enforcement records.

Note: Relating to s. 938.396, stats., and other provisions, reorganizes provisions in the Juvenile Justice Code relating to the confidentiality of juvenile law enforcement, juvenile court, and municipal court records.

344,509 Section 509. 938.396 (1) of the statutes is renumbered 938.396 (1) (a) and amended to read:

938.396 (1) (a) Confidentiality. Law enforcement officers' agency records of juveniles shall be kept separate from records of adults. Law enforcement officers' agency records of juveniles shall may not be open to inspection or their contents disclosed except under sub. (1b), (1d), (1g), (1m), (1r), (1t), (1x) or (5) par. (b) or (c), sub. (1j), or s. 938.293 or by order of the court. This subsection

(b) Applicability. Paragraph (a) does not apply to any of the following:

1. The disclosure of information to representatives of the news media who wish to obtain information for the purpose of reporting news without revealing. A representative of the news media who obtains information under this subdivision may not reveal the identity of the juvenile involved, to the.

2. The confidential exchange of information between the police a law enforcement agency and officials of the school attended by the juvenile or other law enforcement or social welfare agencies or to juveniles 10 years of age or older who are subject to the jurisdiction of the court of criminal jurisdiction. A public school official who obtains information under this subsection subdivision shall keep the information confidential as required under s. 118.125, and a private school official who obtains information under this subsection subdivision shall keep the information confidential in the same manner as is required of a public school official under s. 118.125.

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 subsection subdivision shall keep the information confidential as required under this subsection par. (a) and s. 48.396 (1).

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 subsection subdivision shall keep the information confidential as required under ss. 48.78 and 938.78.

Note: The language repealed in s. 938.396 (1) (b) 2., stats., as created by this bill is contained in newly created s. 938.396 (1) (b) 5., stats., as created by this bill.

344,510 Section 510. 938.396 (1) (b) 5. of the statutes is created to read:

938.396 (1) (b) 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.

344,511 Section 511. 938.396 (1) (c) (intro.) of the statutes is created to read:

938.396 (1) (c) Exceptions. (intro.) Notwithstanding par. (a), law enforcement agency records of juveniles may be disclosed as follows:

344,512 Section 512. 938.396 (1b) of the statutes is renumbered 938.396 (1) (c) 1.

344,513 Section 513. 938.396 (1d) of the statutes is renumbered 938.396 (1) (c) 2.

344,514 Section 514. 938.396 (1g) of the statutes is renumbered 938.396 (1) (c) 6. and amended to read:

938.396 (1) (c) 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.

Note: Clarifies, in s. 938.396 (1) (c) 6., stats., as created by the bill, that a law enforcement agency must disclose to a victim-witness coordinator the name and address of a juvenile and the juvenile's parent, upon request. The victim-witness coordinator may disclose this information to the victim of the juvenile's act.

344,515 Section 515. 938.396 (1j) (title) of the statutes is created to read:

938.396 (1j) (title) Law enforcement records, court-ordered disclosure.

344,516 Section 516. 938.396 (1m) (a) of the statutes is renumbered 938.396 (1) (c) 3. (intro.) and amended to read:

938.396 (1) (c) 3. (intro.) 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 the any of the following:

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. The information shall be used by the school district or private school as provided under s. 118.127 (2).

344,517 Section 517. 938.396 (1m) (am) of the statutes is renumbered 938.396 (1) (c) 3. b. and amended to read:

938.396 (1) (c) 3. b. 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 any information in its records relating to the The illegal possession by a juvenile of a dangerous weapon, as defined in s. 939.22 (10). The information shall be used by the school district or private school as provided in s. 118.127 (2).