1995 WISCONSIN ACT 352
An Act to repeal 48.396 (1m), 118.125 (2) (n), 304.06 (1z), 938.18 (2r), 938.38 (5m) and 938.396 (1v); to renumber 15.197 (23) (title), 15.197 (23) (a) 1., 2., 3., 4., 5., 6. and 7., 15.197 (23) (a) 9., 15.197 (23) (a) 10. and (b) and 48.396 (1g); to renumber and amend 15.197 (23) (a) (intro.), 15.197 (23) (a) 8., 48.983, 118.127 (3), 938.183 (1m), 938.275 (1), 938.355 (6) (an) and 938.51 (4); to amend 46.03 (22) (a), 46.215 (1m), 46.22 (1) (dm), 46.23 (3) (e), 48.02 (1), 48.02 (2), 48.023 (4), 48.255 (2), 48.396 (2) (ag), 48.396 (2) (am), 48.66 (1), 48.78 (2) (ag), 48.78 (2) (am), 51.42 (3) (e), 103.70 (1), 111.35 (2) (d), 118.125 (1) (a), 118.125 (2) (e), 118.125 (3), 118.125 (5) (b), 118.127 (title), 118.127 (1), 118.127 (2), 118.127 (3), 118.163 (2) (intro.), 118.163 (2) (a), 118.163 (2) (b), 118.163 (2) (c), 118.163 (2) (d), 118.163 (2) (e), 118.163 (2) (f), 118.163 (2m), 134.66 (2) (a), 134.66 (2) (b), 146.81 (5), 301.26 (4) (cm) 1., 302.38 (1), 304.06 (1) (b), 778.25 (1) (a) 4., 895.035 (2m) (a), 895.034 (2m) (b), 938.02 (1), 938.02 (10m), 938.02 (15m), 938.02 (19), 938.02 (20), 938.065 (3) (f), 938.08 (3), 938.18 (7), 938.183 (1) (a), 938.183 (1) (b), 938.183 (2) (a) 1., 938.183 (2) (a) 2., 938.185 (1) (c), 938.208 (1) (intro.), 938.209 (3), 938.22 (1) (b), 938.22 (3) (a), 938.24 (5), 938.245 (2) (a) 5. b., 938.245 (2g), 938.245 (4), 938.245 (5), 938.245 (7) (a), 938.25 (2) (a), 938.25 (2) (b), 938.255 (2), 938.275 (title), 938.29 (1g), 938.299 (1) (ar), 938.299 (1) (b), 938.315 (3), 938.32 (1t) (a) 2., 938.34 (4h) (a), 938.34 (5) (b), 938.34 (5g) (c), 938.34 (8), 938.34 (16), 938.342, 938.343 (2), 938.355 (4), 938.355 (6) (title) and (a), 938.355 (6) (b), 938.355 (6) (d) (intro.), 938.355 (6m) (a), 938.357 (1), 938.357 (3), 938.357 (4) (a), 938.365 (6), 938.371, 938.396 (1), 938.396 (1r), 938.396 (1t), 938.396 (2) (a), 938.396 (2) (ag), 938.396 (2) (am), 938.396 (2m) (a), 938.396 (7) (c), 938.396 (8), 938.51 (1) (c), 938.51 (2), 938.538 (5) (a), 938.59 (1), 938.595, 938.78 (2) (ag), 938.78 (2) (am), 938.78 (2) (d) (intro.), 946.42 (3) (c), 946.44 (2) (c), 946.44 (2) (d), 946.45 (2) (c), 946.45 (2) (d), 970.032 (2) (intro.), 977.076 (2), 990.01 (3) and 990.01 (20);
to repeal and recreate 48.396 (1), 118.125 (2) (d), 938.357 (4) (b) and (c) and 946.42 (1) (a); to create 15.147 (title), 48.255 (1) (cm), 48.396 (1d), 48.396 (5), 48.42 (1) (d), 51.437 (4r) (b), 103.67 (2) (j), 301.08 (1) (b) 3., 302.365 (1) (a) 3., 938.02 (19r), 938.028, 938.17 (2) (h) 4., 938.18 (2m), 938.183 (1m) (a), 938.183 (1m) (c), 938.208 (6), 938.223, 938.255 (1) (cm), 938.275 (1) (a), 938.275 (1) (c), 938.299 (1) (av), 938.315 (1) (dm), 938.34 (4d), 938.355 (6) (an) 2., 938.396 (1m) (am), 938.396 (5), 938.396 (6), 938.51 (1) (d), 938.51 (4) (b), 938.539, subchapter XVIII (title) of chapter 938 [precedes 938.795], subchapter XX (title) of chapter 938 [precedes 938.983] and 971.31 (13) of the statutes; and to affect 1995 Wisconsin Act 77, section 9310 (1t); relating to: juvenile justice, requiring a petition commencing proceedings under the children's code, including a termination of parental rights proceeding, and a petition commencing proceedings under the juvenile justice code to include a statement of whether the child or juvenile may be subject to the federal Indian child welfare act and granting rule-making authority.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
352,1
Section 1
. 15.147 (title) of the statutes is created to read:
15.147 (title) Same; councils.
352,2
Section 2
. 15.197 (23) (title) of the statutes is renumbered 15.147 (1) (title).
352,3
Section 3
. 15.197 (23) (a) (intro.) of the statutes is renumbered 15.147 (1) (a) (intro.) and amended to read:
15.147 (1) (a) (intro.) There is created a gang violence prevention council, attached to the department of health and family services corrections under s. 15.03. The council shall consist of the following members:
352,4
Section 4
. 15.197 (23) (a) 1., 2., 3., 4., 5., 6. and 7. of the statutes are renumbered 15.147 (1) (a) 1., 2., 3., 4., 5., 6., and 7.
352,5
Section 5
. 15.197 (23) (a) 8. of the statutes, as affected by 1995 Wisconsin Act 27, is renumbered 15.147 (1) (a) 8. and amended to read:
15.147 (1) (a) 8. The secretary of health and social services corrections or the secretary's designee, who shall serve as chairperson of the council.
352,6
Section 6
. 15.197 (23) (a) 9. of the statutes, as affected by 1995 Wisconsin Act 27, is renumbered 15.147 (1) (a) 9.
352,7
Section 7
. 15.197 (23) (a) 10. and (b) of the statutes are renumbered 15.147 (1) (a) 10. and (b).
352,7m
Section 7m. 46.03 (22) (a) of the statutes is amended to read:
46.03 (22) (a) “Community living arrangement" means any of the following facilities licensed or operated, or permitted under the authority of the department: child welfare agencies under s. 48.60, group homes for children under s. 48.02 (7) and community-based residential facilities under s. 50.01; but does not include adult family homes, as defined in s. 50.01, day care centers, nursing homes, general hospitals, special hospitals, prisons and jails. “Community living arrangement" also includes a youth village program as described in s. 118.42.
352,8
Section 8
. 46.215 (1m) of the statutes, as created by 1995 Wisconsin Act 64, is amended to read:
46.215 (1m) Exchange of information
. Notwithstanding ss. 48.78 (2) (a), 49.45 (4), 49.53 (1m), 51.30, 51.45 (14) (a), 55.06 (17) (c), 146.82, 252.11 (7) and
, 253.07 (3) (c) and 938.78 (2) (a), any subunit of the county department of social services acting under this section may exchange confidential information about a client, without the informed consent of the client, with any other subunit of the same county department of social services or with any person providing services to the client under a purchase of services contract with the county department of social services, if necessary to enable an employe or service provider to perform his or her duties, or to enable the county department of social services to coordinate the delivery of services to the client.
352,9
Section 9
. 46.22 (1) (dm) of the statutes, as created by 1995 Wisconsin Act 64, is amended to read:
46.22 (1) (dm) Exchange of information. Notwithstanding ss. 48.78 (2) (a), 49.45 (4), 49.53 (1m), 51.30, 51.45 (14) (a), 55.06 (17) (c), 146.82, 252.11 (7) and
, 253.07 (3) (c) and 938.78 (2) (a), any subunit of the county department of social services acting under this subsection may exchange confidential information about a client, without the informed consent of the client, with any other subunit of the same county department of social services or with any person providing services to the client under a purchase of services contract with the county department of social services, if necessary to enable an employe or service provider to perform his or her duties, or to enable the county department of social services to coordinate the delivery of services to the client.
352,10
Section 10
. 46.23 (3) (e) of the statutes, as affected by 1995 Wisconsin Acts 27 and 64, is amended to read:
46.23 (3) (e) Exchange of information. Notwithstanding ss. 48.78 (2) (a), 49.45 (4), 49.83, 51.30, 51.45 (14) (a), 55.06 (17) (c), 146.82, 252.11 (7) and, 253.07 (3) (c) and 938.78 (2) (a), any subunit of a county department of human services acting under this section may exchange confidential information about a client, without the informed consent of the client, with any other subunit of the same county department of human services or with any person providing services to the client under a purchase of services contract with the county department of human services, if necessary to enable an employe or service provider to perform his or her duties, or to enable the county department of human services to coordinate the delivery of services to the client.
352,10m
Section 10m. 48.02 (1) of the statutes, as affected by 1995 Wisconsin Act 77, is amended to read:
48.02 (1) “Adult" means a person who is 18 years of age or older, except that for purposes of investigating or prosecuting a person who is alleged to have violated any state or federal criminal law or any civil law or municipal ordinance, “adult" means a person who has attained 17 years of age.
352,10p
Section 10p. 48.02 (2) of the statutes, as affected by 1995 Wisconsin Act 77, is amended to read:
48.02 (2) “Child" means a person who is less than 18 years of age, except that for purposes of investigating or prosecuting a person who is alleged to have violated a state or federal criminal law or any civil law or municipal ordinance, “child" does not include a person who has attained 17 years of age.
352,11
Section 11
. 48.023 (4) of the statutes, as affected by 1995 Wisconsin Act 77, is amended to read:
48.023 (4) The rights and responsibilities of legal custody except when legal custody has been vested in another person or when the child is under the supervision of the department of corrections under s. 938.183, 938.34 (4h), (4m) or (4n) or 938.357 (4) or the supervision of a county department under s. 938.34 (4d) or (4n).
352,11m
Section
11m. 48.255 (1) (cm) of the statutes is created to read:
48.255 (1) (cm) Whether the child may be subject to the federal Indian child welfare act, 25 USC 1911 to 1963.
352,11p
Section 11p. 48.255 (2) of the statutes is amended to read:
48.255 (2) If any of the facts in sub. (1) (a)
, (b) or (c) to (cm) are not known or cannot be ascertained by the petitioner, the petition shall so state.
352,12
Section 12
. 48.396 (1) of the statutes, as affected by 1995 Wisconsin Acts 77 and .... (Assembly Bill 609), section 2, is repealed and recreated to read:
48.396 (1) Law enforcement officers' records of children shall be kept separate from records of adults. Law enforcement officers' records of children shall not be open to inspection or their contents disclosed except under sub. (1b) or (1d) or s. 48.293 or by order of the court. This subsection does not apply to the representatives of newspapers or other reporters of news who wish to obtain information for the purpose of reporting news without revealing the identity of the child involved, to the confidential exchange of information between the police and officials of the school attended by the child or other law enforcement or social welfare agencies or to children 10 years of age or older who are subject to the jurisdiction of the court of criminal jurisdiction.
352,13
Section 13
. 48.396 (1d) of the statutes is created to read:
48.396 (1d) Upon the written permission of the parent, guardian or legal custodian of a child who is the subject of a law enforcement officer's report or upon the written permission of the child, 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 child in the written permission.
352,14
Section 14
. 48.396 (1g) of the statutes, as created by 1995 Wisconsin Act 77, is renumbered 48.396 (1b).
352,15
Section 15
. 48.396 (1m) of the statutes, as affected by 1995 Wisconsin Acts 77 and .... (Assembly Bill 609), is repealed.
352,15m
Section 15m. 48.396 (2) (ag) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:
48.396 (2) (ag) Upon request of the parent, guardian or legal custodian of a child who is the subject of a record of a court specified in par. (a), or upon request of the child, if 14 years of age or over, the court shall open for inspection by the parent, guardian, legal custodian or child the records of the court relating to that child, unless the court finds, after due notice and hearing, that inspection of those records by the parent, guardian or legal custodian would result in imminent danger to the child
anyone.
352,16
Section 16
. 48.396 (2) (am) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:
48.396 (2) (am) Upon the written permission of the parent, guardian or legal custodian of a child who is the subject of a record of a court specified in par. (a), the court shall open for inspection by the person named in the permission any records specifically identified by the parent, guardian, legal custodian or child in the written permission, unless the court finds, after due notice and hearing, that inspection of those records by the person named in the permission would result in imminent danger to anyone.
352,16m
Section 16m. 48.396 (5) of the statutes is created to read:
48.396 (5) (a) Any person who is denied access to a record under sub. (1), (1b) or (1d) may petition the court to order the disclosure of the records governed by the applicable subsection. The petition shall be in writing and shall describe as specifically as possible all of the following:
1. The type of information sought.
2. The reason the information is being sought.
3. The basis for the petitioner's belief that the information is contained in the records.
4. The relevance of the information sought to the petitioner's reason for seeking the information.
5. The petitioner's efforts to obtain the information from other sources.
(b) The court shall notify the child, the child's counsel, the child's parents and appropriate law enforcement agencies in writing of the petition. If any person notified objects to the disclosure, the court may hold a hearing to take evidence relating to the petitioner's need for the disclosure.
(c) The court shall make an inspection, which may be in camera, of the child's records. If the court determines that the information sought is for good cause and that it cannot be obtained with reasonable effort from other sources, it shall then determine whether the petitioner's need for the information outweighs society's interest in protecting its confidentiality. In making this determination, the court shall balance the petitioner's interest in obtaining access to the record against the child's interest in avoiding the stigma that might result from disclosure.
(d) If the court determines that disclosure is warranted, it shall order the disclosure of only as much information as is necessary to meet the petitioner's need for the information.
(e) The court shall record the reasons for its decision to disclose or not to disclose the child's records. All records related to a decision under this subsection are confidential.
352,16p
Section 16p. 48.42 (1) (d) of the statutes is created to read:
48.42 (1) (d) A statement of whether the child may be subject to the federal Indian child welfare act, 25 USC 1911 to 1963.
352,17
Section 17
. 48.66 (1) of the statutes, as affected by 1995 Wisconsin Act 77, is amended to read:
48.66 (1) The department shall license and supervise child welfare agencies, as required by s. 48.60, group homes, as required by s. 48.625, shelter care facilities, as required by s. 48.48 and day care centers, as required by s. 48.65. The department may license foster homes or treatment foster homes, as provided by s. 48.62, and may license and supervise county departments in accordance with the procedures specified in this section and in ss. 48.67 to 48.74. The department of corrections may license a child welfare agency to operate a secured child caring institution, as defined in s. 938.02 (15g), for holding in secure custody children who have been convicted under s. 938.183 or adjudicated delinquent under s. 938.34 (4d), (4h) or (4m) and referred to the child welfare agency by the court or the department of corrections and to provide supervision, care and maintenance for those children.
352,18
Section 18
. 48.78 (2) (ag) of the statutes, as created by 1995 Wisconsin Act 77 is amended to read:
48.78 (2) (ag) Paragraph (a) does not prohibit an agency from making available for inspection or disclosing the contents of a record, upon the request of the parent, guardian or legal custodian of the child who is the subject of the record or upon the request of the child, if 14 years of age or over, to the parent, guardian, legal custodian or child, unless the agency determines that inspection of those records by the child, parent, guardian or legal custodian would result in imminent danger to anyone.
352,19
Section 19
. 48.78 (2) (am) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:
48.78 (2) (am) Paragraph (a) does not prohibit an agency from making available for inspection or disclosing the contents of a record, upon the written permission of the parent, guardian or legal custodian of the child who is the subject of the record or upon the written permission of the child, if 14 years of age or over, to the person named in the permission if the parent, guardian, legal custodian or child specifically identifies the record in the written permission, unless the agency determines that inspection of those records by the person named in the permission would result in imminent danger to anyone.
352,20
Section 20
. 48.983 of the statutes, is renumbered 938.983, and 938.983 (2) (intro.) and (3), as renumbered, are amended to read:
938.983 (2) (intro.) Except as provided in sub. (3), no child person under 18 years of age may do any of the following:
(3) A child person under 18 years of age may purchase or possess cigarettes or tobacco products for the sole purpose of resale in the course of employment during his or her working hours if employed by a retailer licensed under s. 134.65 (1).
352,21
Section 21
. 51.42 (3) (e) of the statutes, as affected by 1995 Wisconsin Acts 27 and 64, is amended to read:
51.42 (3) (e) Exchange of information. Notwithstanding ss. 48.78 (2) (a), 49.45 (4), 49.83, 51.30, 51.45 (14) (a), 55.06 (17) (c), 146.82, 252.11 (7) and, 253.07 (3) (c) and 938.78 (2) (a), any subunit of a county department of community programs acting under this section may exchange confidential information about a client, without the informed consent of the client, with any other subunit of the same county department of community programs or with any person providing services to the client under a purchase of services contract with the county department of community programs, if necessary to enable an employe or service provider to perform his or her duties, or to enable the county department of community programs to coordinate the delivery of services to the client.
352,22
Section 22
. 51.437 (4r) (b) of the statutes, as created by 1995 Wisconsin Act 64, is amended to read:
51.437 (4r) (b) Notwithstanding ss. 48.78 (2) (a), 49.45 (4), 49.53 (1m) 49.83, 51.30, 51.45 (14) (a), 55.06 (17) (c), 146.82, 252.11 (7) and, 253.07 (3) (c) and 938.78 (2) (a), any subunit of the county department of developmental disabilities services acting under this section may exchange confidential information about a client, without the informed consent of the client, with any other subunit of the same county department of developmental disabilities services or with any person providing services to the client under a purchase of services contract with the county department of developmental disabilities services, if necessary to enable an employe or service provider to perform his or her duties, or to enable the county department of developmental disabilities services to coordinate the delivery of services to the client.
352,23
Section 23
. 103.67 (2) (j) of the statutes is created to read:
103.67 (2) (j) Minors under 14 years of age may be employed as participants in a restitution project under s. 938.245 (2) (a) 5., 938.32 (1t) (a), 938.34 (5) or 938.345 or a supervised work program or other community service work under s. 938.245 (2) (a) 6., 938.32 (1t) (b), 938.34 (5g), 938.343 (3) or 938.345.
352,24
Section 24
. 103.70
(1) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:
103.70 (1) Except as otherwise provided in sub. (2) and in ss. 103.21 to 103.31 and, 103.78, 938.245 (2) (a) 5. b., 938.32 (1t) (a) 2. and 938.34 (5) (b) and (5g) (c), and as may be provided under s. 103.79, a minor, unless indentured as an apprentice in accordance with s. 106.01, or unless 12 years and over and engaged in agricultural pursuits, or unless 14 years and over and enrolled in a youth apprenticeship program under s. 106.13, shall not be employed or permitted to work at any gainful occupation or employment unless there is first obtained from the department or a permit officer a written permit authorizing the employment of the minor within those periods of time stated in the permit, which shall not exceed the maximum hours prescribed by law.
352,25
Section 25
. 111.35 (2) (d) of the statutes is amended to read:
111.35 (2) (d) Constitutes a violation of s.
48.983 938.983 (2).
352,26
Section 26
. 118.125 (1) (a) of the statutes, as affected by 1995 Wisconsin Acts 77 and .... (Assembly Bill 609), is amended to read:
118.125 (1) (a) “Behavioral records" means those pupil records which include psychological tests, personality evaluations, records of conversations, any written statement relating specifically to an individual pupil's behavior, tests relating specifically to achievement or measurement of ability, the pupil's physical health records other than his or her immunization records or any lead screening records required under s. 254.162, law enforcement officers' records obtained under s. 48.396 (1) or 938.396 (1m) (a) and any other pupil records that are not progress records.
352,27
Section 27
. 118.125 (2) (d) of the statutes, as affected by 1995 Wisconsin Acts 77 and .... (Assembly Bill 609), is repealed and recreated to read:
118.125 (2) (d) Pupil records shall be made available to persons employed by the school district which the pupil attends who are required by the department under s. 115.28 (7) to hold a license and other school district officials who have been determined by the school board to have legitimate educational interests, including safety interests, in the pupil records. Law enforcement officers' records obtained under s. 938.396 (1m) (a) shall be made available under this paragraph for the purposes of s. 118.127 (2) to those employes of the school district who have been designated by the school board to receive that information for the purpose of providing alcohol and other drug abuse programs. Law enforcement officers' records obtained under s. 938.396 (1m) (am) and (b) shall be made available under this paragraph for the purposes of s. 118.127 (2m) and (3) to persons employed by the school district which the pupil attends who are required by the department under s. 115.28 (7) to hold a license, to other school district officials who have been determined by the school board to have legitimate educational interests, including safety interests, in those records and to those employes of the school district who have been designated by the school board to receive that information for the purpose of providing treatment programs. A school board member or an employe of a school district may not be held personally liable for any damages caused by the nondisclosure of any information specified in this paragraph unless the member or employe acted with actual malice in failing to disclose the information. A school district may not be held liable for any damages caused by the nondisclosure of any information specified in this paragraph unless the school district or its agent acted with gross negligence or with reckless, wanton or intentional misconduct in failing to disclose the information.
352,28
Section 28
. 118.125 (2) (e) of the statutes, as affected by 1995 Wisconsin Acts 77 and .... (Assembly Bill 609), is amended to read:
118.125 (2) (e) Upon the written permission of an adult pupil, or the parent or guardian of a minor pupil, the school shall make available to the person named in the permission the pupil's progress records or such portions of the pupil's behavioral records as determined by the person authorizing the release. Law enforcement officers' records obtained under s. 938.396 (1m) (a) may not be made available under this paragraph unless specifically identified by the adult pupil or by the parent or guardian of a minor pupil in the written permission.
352,28m
Section 28m. 118.125 (2) (n) of the statutes, as created by 1995 Wisconsin Act 77, is repealed.
352,29
Section 29
. 118.125 (3) of the statutes, as affected by 1995 Wisconsin Acts 77 and .... (Assembly bill 609), is amended to read:
118.125 (3) Maintenance of records. Each school board shall adopt rules in writing specifying the content of pupil records and the time during which pupil records shall be maintained. No behavioral records may be maintained for more than one year after the pupil ceases to be enrolled in the school, unless the pupil specifies in writing that his or her behavioral records may be maintained for a longer period. A pupil's progress records shall be maintained for at least 5 years after the pupil ceases to be enrolled in the school. A school board may maintain the records on microfilm, optical disk or in electronic format if authorized under s. 19.21 (4) (c), or in such other form as the school board deems appropriate. A school board shall maintain law enforcement officers' records and other information obtained under s. 938.396 (1m) (a) separately from a pupil's other pupil records. Rules adopted under this subsection shall be published by the school board as a class 1 notice under ch. 985.
352,30
Section 30
. 118.125 (5) (b) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:
118.125 (5) (b) Law enforcement officers' records and other information obtained under s. 938.396 (1m) and records of the court assigned to exercise jurisdiction under chs. 48 and 938 obtained under s. 938.396 (7) shall not be used as the sole basis for expelling or suspending a pupil.
352,31
Section 31
. 118.127 (title) of the statutes, as affected by 1995 Wisconsin Act 77, is amended to read:
