2005 Wisconsin Act 344

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).

Note: The repealed language is included in s. 938.396 (1) (c) 3. (intro.), as created by this bill.

344,518 Section 518. 938.396 (1m) (ar) of the statutes is renumbered 938.396 (1) (c) 3. c. and amended to read:

938.396 (1) (c) 3. c. 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 an 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. The information shall be used by the school district or private school as provided in s. 118.127 (2).

Note: The repealed language is included in s. 938.396 (1) (c) 3. (intro.), as created by this bill.

344,519 Section 519. 938.396 (1m) (b) of the statutes is renumbered 938.396 (1) (c) 3. d. and amended to read:

938.396 (1) (c) 3. d. 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 An act for which a juvenile enrolled in the public school district or private school was adjudged delinquent. The information shall be used by the school district or private school as provided in s. 118.127 (2).

Note: The repealed language in s. 938.396 (1) (c) 3. d. is included in s. 938.396 (1) (c) 3. (intro.), as created by this bill.

344,520 Section 520. 938.396 (1m) (c) of the statutes is renumbered 938.396 (1) (d) and amended to read:

938.396 (1) (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 investigating 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 its the investigation. The law enforcement agency or fire investigator may use the pupil records only for the purpose of its 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.

344,521 Section 521. 938.396 (1m) (d) of the statutes is repealed.

Note: Repeals s. 938.396 (1m) (d), stats., which permitted disclosure of pupil records to a fire investigator. This language is included in s. 938.396 (1) (d), stats., as created by this bill.

344,522 Section 522. 938.396 (1p) of the statutes is renumbered 938.396 (1) (c) 4. and amended to read:

938.396 (1) (c) 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) and (1m) (b) 2. and (c) 3. to the school board, private school, social welfare agency, or other law enforcement agency.

344,523 Section 523. 938.396 (1r) of the statutes is renumbered 938.396 (1) (c) 5.

344,524 Section 524. 938.396 (1t) of the statutes is renumbered 938.396 (1) (c) 7.

344,525 Section 525. 938.396 (1x) of the statutes is renumbered 938.396 (1) (c) 8.

344,526 Section 526. 938.396 (2) (a) of the statutes is renumbered 938.396 (2) and amended to read:

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 this section sub. (2g).

344,527 Section 527. 938.396 (2) (ag) of the statutes is renumbered 938.396 (2g) (ag).

344,528 Section 528. 938.396 (2) (am) of the statutes is renumbered 938.396 (2g) (am).

344,529 Section 529. 938.396 (2) (b) of the statutes is renumbered 938.396 (2g) (b) and amended to read:

938.396 (2g) (b) Federal program monitoring. Upon request of the department of health and family services, the department of corrections, or a federal agency to review court records for the purpose of monitoring and conducting periodic evaluations of activities as required by and implemented under 45 CFR 1355, 1356, and 1357, the court shall open those records for inspection by authorized representatives of the that department or federal agency.

344,530 Section 530. 938.396 (2) (c) of the statutes is renumbered 938.396 (2g) (c).

344,531 Section 531. 938.396 (2) (d) of the statutes is renumbered 938.396 (2g) (d).

344,532 Section 532. 938.396 (2) (dm) of the statutes is renumbered 938.396 (2g) (dm).

344,533 Section 533. 938.396 (2) (dr) of the statutes is renumbered 938.396 (2g) (dr).

344,534 Section 534. 938.396 (2) (e) of the statutes is renumbered 938.396 (2g) (e).

344,535 Section 535. 938.396 (2) (em) of the statutes is renumbered 938.396 (2g) (em) and amended to read:

938.396 (2g) (em) Sex offender registration. Upon request of the department to review court records for the purpose of obtaining information concerning a child juvenile who is required to register under s. 301.45, the court shall open for inspection by authorized representatives of the department the records of the court relating to any child juvenile who has been adjudicated delinquent or found in need of protection or services or not responsible by reason of mental disease or defect for an offense specified in s. 301.45 (1g) (a). The department may disclose information that it obtains under this paragraph as provided under s. 301.46.

344,536 Section 536. 938.396 (2) (f) of the statutes is renumbered 938.396 (2g) (f) and amended to read: