2015 Wisconsin Act 368

48.78 (2) (title) Confidentiality; exceptions.

368,4 Section 4. 48.78 (2) (a) of the statutes is amended to read:

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 who is or was in its care or legal custody, except as provided under sub. (2m) or s. 48.371, 48.38 (5) (b) or (d) or (5m) (d), 48.396 (3) (bm) or (c) 1r., 48.432, 48.433, 48.48 (17) (bm), 48.57 (2m), 48.93, 48.981 (7), 938.396 (2m) (c) 1r., 938.51, or 938.78 or by order of the court.

368,5 Section 5. 48.78 (2m) of the statutes is created to read:

48.78 (2m) Release of information when child is missing. (a) If an agency that has responsibility for the placement, care, or supervision of a child, as determined by the department under par. (d), determines that the child is missing, the agency shall do all of the following:

1. Within 8 hours after making that determination, report that determination to a local law enforcement agency for entry of that information into the national crime information databases, as defined in 28 USC 534 (f) (3) (A).

2. Within 24 hours after making that determination, report that determination to the National Center for Missing and Exploited Children.

3. Share information about a missing child reported under subds. 1. and 2. with law enforcement agencies, the National Center for Missing and Exploited Children, and other agencies that are involved in efforts to locate the missing child.

(b) An agency that has responsibility for the placement, care, or supervision of a child may photograph the child and maintain the photograph in the statewide automated child welfare information system. A report under par. (a) 1. or 2. shall be accompanied by a recent photograph of the missing child, if available.

(c) If permitted under s. 48.47 (7g), an agency may use the statewide automated child welfare information system to provide electronic information to the National Center for Missing and Exploited Children under par. (a) 2. or 3.

(d) The department shall provide guidance to agencies as to the scope of the children to whom this subsection applies. Notwithstanding s. 227.10 (1), that guidance need not be promulgated as rules.

(e) The department of children and families and the department of health services may promulgate rules to implement this subsection.

368,6 Section 6. 938.78 (2) (a) of the statutes is amended to read:

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. (2m) or (3) or s. 48.396 (3) (bm) or (c) 1r., 938.371, 938.38 (5) (b) or (d) or (5m) (d), 938.396 (2m) (c) 1r., 938.51, or 938.57 (2m) or by order of the court.

368,7 Section 7. 938.78 (2m) of the statutes is created to read:

938.78 (2m) Release of information when juvenile is missing. (a) If an agency that has responsibility for the placement, care, or supervision of a juvenile, as determined by the department of children and families under par. (d), determines that the juvenile is missing, the agency shall do all of the following:

1. Within 8 hours after making that determination, report that determination to a local law enforcement agency for entry of that information into the national crime information databases, as defined in 28 USC 534 (f) (3) (A).

2. Within 24 hours after making that determination, report that determination to the National Center for Missing and Exploited Children.

3. Share information about a missing juvenile reported under subds. 1. and 2. with law enforcement agencies, the National Center for Missing and Exploited Children, and other agencies that are involved in efforts to locate the missing juvenile.

(b) An agency that has responsibility for the placement, care, or supervision of a juvenile may photograph the juvenile and maintain the photograph in the statewide automated child welfare information system. A report under par. (a) 1. or 2. shall be accompanied by a recent photograph of the missing juvenile, if available.

(c) If permitted under s. 48.47 (7g), an agency may use the statewide automated child welfare information system to provide electronic information to the National Center for Missing and Exploited Children under par. (a) 2. or 3.

(d) The department of children and families shall provide guidance to agencies as to the scope of the juveniles to whom this subsection applies. Notwithstanding s. 227.10 (1), that guidance need not be promulgated as rules.

(e) The department of children and families, the department of corrections, and the department of health services may promulgate rules to implement this subsection.

368,8 Section 8. Nonstatutory provisions.

(1) Release of information when child is missing; emergency rules. Using the procedure under section 227.24 of the statutes, the department of children and families and the department of health services may promulgate the rules under sections 48.78 (2m) (e) of the statues, as created by this act, and the department of children and families, the department of corrections, and the department of health services may promulgate the rules under section 938.78 (2m) (e) of the statutes, as created by this act, for the period before the effective date of any permanent rules promulgated under sections 48.78 (2m) (e) and 938.78 (2m) (e) of the statutes, as created by this act, but not to exceed the period authorized under section 227.24 (1) (c) of the statutes, subject to extension under section 227.24 (2) of the statutes. Notwithstanding section 227.24 (1) (a), (2) (b), and (3) of the statutes, those departments are not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and are not required to provide a finding of emergency for a rule promulgated under this subsection.

368,9 Section 9. Initial applicability.

(1) Release of information when child is missing. This act first applies to a child who is determined to be missing on the effective date of this subsection.

368,10 Section 10. Effective date.

(1) Release of information when child is missing. This act takes effect on July 1, 2016.