AB130: Bill Text

AB130,338,3 (a) "Agency" means the department, a county department or a licensed child welfare agency.

AB130,338,7 (am) "Independent agency" means a private, nonprofit organization, but does not include a licensed child welfare agency that is authorized to prepare permanency plans or that is assigned the primary responsibility of providing services under a permanency plan.

AB130,338,10 (b) "Permanency plan" means a plan designed to ensure that a juvenile is reunified with his or her family whenever possible, or that the juvenile quickly attains a placement or home providing long-term stability.

AB130,338,16 (2) Permanency plan required. Except as provided in sub. (3), for each juvenile living in a foster home, treatment foster home, group home, child caring institution, secure 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:

AB130,338,18 (a) The juvenile is being held in physical custody under s. 938.207, 938.208 or 938.209.

AB130,338,19 (b) The juvenile is in the legal custody of the agency.

AB130,338,21 (c) The juvenile is under supervision of an agency under s. 48.64 (2) or pursuant to a court order under s. 938.355.

AB130,338,23 (d) The juvenile was placed under a voluntary agreement between the agency and the juvenile's parent under s. 48.63 (1).

AB130,338,24 (e) The juvenile is under the guardianship of the agency.

AB130,338,25 (f) The juvenile's care is paid under s. 49.19.

AB130,339,4 (3) Time. The agency shall file the permanency plan with the court within 60 days after the date on which the juvenile was first held in physical custody or placed outside of his or her home under a court order, except under either of the following conditions:

AB130,339,15 (a) If the juvenile is alleged to be delinquent and is being held in a secure 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 correctional facility or a secured child caring institution or the department of corrections intends to recommend that custody of the juvenile be transferred to the department of corrections for participation in the youthful offender program, the agency is not required to submit the permanency plan unless the court does not accept the recommendation of the agency or the department of corrections. If the court places the juvenile in any facility outside of the juvenile's home other than a secured correctional facility or a secured child caring institution, the agency shall file the permanency plan with the court within 60 days after the date of disposition.

AB130,339,18 (b) If the juvenile is held for less than 60 days in a secure 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.

AB130,339,20 (4) Contents of plan. The permanency plan shall include a description of all of the following:

AB130,339,23 (a) The services offered and any service provided in an effort to prevent holding or placing the juvenile outside of his or her home, and to make it possible for the juvenile to return home.

AB130,339,25 (b) The basis for the decision to hold the juvenile in custody or to place the juvenile outside of his or her home.

AB130,340,2 (c) The location and type of facility in which the juvenile is currently held or placed, and the location and type of facility in which the juvenile will be placed.

AB130,340,5 (d) If the juvenile is living more than 60 miles from his or her home, documentation that placement within 60 miles of the juvenile's home is either unavailable or inappropriate.

AB130,340,10 (e) The appropriateness of the placement and 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 appropriate.

AB130,340,14 (f) 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 or the operator of the facility where the juvenile is living to carry out the dispositional order, including services planned to accomplish all of the following:

AB130,340,16 1. Ensure proper care and treatment of the juvenile and promote stability in the placement.

AB130,340,18 2. Meet the juvenile's physical, emotional, social, educational and vocational needs.

AB130,340,21 3. Improve the conditions of the parents' home to facilitate the return of the juvenile to his or her home, or, if appropriate, obtain an alternative permanent placement for the juvenile.

AB130,340,24 (g) The conditions, if any, upon which the juvenile will be returned to his or her home, including any changes required in the parents' conduct, the juvenile's conduct or the nature of the home.

AB130,341,11 (5) Plan review. (a) The court or a panel appointed under this paragraph shall review the permanency plan every 6 months from the date on which the juvenile was first held in physical custody or placed outside of his or her home. 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.

AB130,341,16 (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.

AB130,342,3 (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 or the operator of the facility in which the juvenile is living of the date, time and place of the review, of the issues to be determined as part of the review, of the fact that they may submit written comments not less than 10 working days before the review and of the fact that they may participate in 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.

AB130,342,4 (c) The court or the panel shall determine each of the following:

AB130,342,5 1. The continuing necessity for and the appropriateness of the placement.

AB130,342,7 2. The extent of compliance with the permanency plan by the agency and any other service providers, the juvenile's parents and the juvenile.

AB130,342,10 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.

AB130,342,13 4. The progress toward eliminating the causes for the juvenile's placement outside of his or her home and toward returning the juvenile to his or her home or obtaining a permanent placement for the juvenile.

AB130,342,16 5. The date by which it is likely that the juvenile will be returned to his or her home, placed for adoption, placed under legal guardianship or otherwise permanently placed.

AB130,342,19 6. If the juvenile has been placed outside of his or her home for 2 years or more, the appropriateness of the permanency plan and the circumstances which prevent the juvenile from any of the following:

AB130,342,20 a. Being returned to his or her home.

AB130,342,22 b. Having a petition for the involuntary termination of parental rights filed on behalf of the juvenile.

AB130,342,23 c. Being placed for adoption.

AB130,342,24 d. Being placed in sustaining care.

AB130,343,2 7. Whether reasonable efforts were made by the agency to make it possible for the juvenile to return to his or her home.

AB130,343,12 (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.

AB130,343,18 (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.

AB130,343,22 (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.

AB130,344,2 (5m) Annual report. Not later than March 1 annually, each county department shall submit to the department a report identifying the membership of the review panels appointed during the previous year, data on each of the determinations of the review panels required under sub. (5) (c) and any other information specified by the department by rule.

AB130,344,4 (6) Rules. The department of health and social services shall promulgate rules establishing the following:

AB130,344,5 (a) Procedures for conducting permanency plan reviews.

AB130,344,6 (b) Requirements for training review panels.

AB130,344,9 (c) Standards for reasonable efforts to prevent placement of juveniles outside of their homes and to make it possible for juveniles to return to their homes if they have been placed outside of their homes.

AB130,344,10 (d) The format for permanency plans and review panel reports.

AB130,344,12 (e) Standards and guidelines for decisions regarding the placement of juveniles.

AB130,344,17 938.39 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 were transferred under s. 938.18.

AB130,345,5 938.396 Records. (1) Law enforcement officers' records of juveniles shall be kept separate from records of persons 17 or older. Law enforcement officers' records of juveniles shall not be open to inspection or their contents disclosed except under sub. (1g), (1m) or (1r) or s. 938.293 or by order of the court. This subsection does not apply to representatives of the news media who wish to obtain information for the purpose of reporting news without revealing the identity of the juvenile involved, to victim-witness coordinators, to victims of a juvenile's act who wish to obtain information for the purpose of recovering for any loss, damage or injury suffered as a result of the juvenile's act, to insurance companies that wish to obtain information for the purpose of investigating a claim involving the juvenile, to the confidential exchange of information between the police 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.

AB130,345,14 (1g) 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. 950.05. 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.

AB130,345,19 (1m) (a) If requested by the school district administrator of a public school district, a law enforcement agency may provide to the school district administrator any information in its records relating to the use, possession or distribution of alcohol or a controlled substance by a pupil enrolled in the public school district. The information may be used by the school district only as provided under s. 118.127 (2).

AB130,345,24 (b) If requested by the school district administrator of a public school district, a law enforcement agency may disclose to the school district administrator any information in its records relating to the act for which a juvenile enrolled in the public school district was adjudged delinquent. The information may be used by the school district only as provided in s. 118.127 (3).

AB130,346,9 (c) 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 alleged delinquent or criminal activity, the court may order the school board of the school district in which a juvenile is enrolled to disclose to the law enforcement agency the pupil records of that juvenile as necessary for the law enforcement agency to pursue its investigation. The law enforcement agency may use the pupil records only for the purpose of its investigation and may make the pupil records available only to employes of the law enforcement agency who are working on the investigation.

AB130,346,17 (1r) If requested by a victim of a juvenile's act or the victim's insurer, a law enforcement agency may disclose to the victim or 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. 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. The insurer may use and further disclose the information only for the purpose of investigating a claim arising out of the juvenile's act.

AB130,346,22 (2) (a) Records of the court assigned to exercise jurisdiction under this chapter and ch. 48 and of courts exercising jurisdiction under s. 938.17 (2) shall be entered in books or deposited in files kept for that purpose only. They shall not be open to inspection or their contents disclosed except by order of the court assigned to exercise jurisdiction under this chapter or as permitted under this section.

AB130,347,2 (b) Upon request of the department 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 department or federal agency.

AB130,347,9 (c) Upon request of a law enforcement agency to review court records for the purpose of investigating a crime that might constitute criminal gang activity, as defined in s. 941.38 (1) (b), the court shall open for inspection by authorized representatives of the law enforcement agency the records of the court relating to any juvenile who has been found to have committed a delinquent act at the request of or for the benefit of a criminal gang, as defined in s. 939.22 (9), that would have been a felony under ch. 161 or under chs. 939 to 948 if committed by an adult.

AB130,347,16 (d) Upon request of a court of criminal jurisdiction, a district attorney or a defense counsel to review court records for the purpose of investigating and determining whether a person has possessed a firearm in violation of s. 941.29 (2), the court assigned to exercise jurisdiction under this chapter and ch. 48 shall open for inspection by authorized representatives of the requester the records of the court relating to any juvenile who has been adjudicated delinquent for an act that would be a felony if committed by an adult.

AB130,347,22 (e) Upon request of the department of health and social services to review court records for the purpose of providing, under s. 980.015 (3) (a), the department of justice or a district attorney with a person's offense history, the court shall open for inspection by authorized representatives of the department of health and social services the records of the court relating to any juvenile who has been adjudicated delinquent for a sexually violent offense, as defined in s. 980.01 (6).

AB130,348,7 (f) Upon request of the victim-witness coordinator to review court records for the purpose of enforcing rights under the constitution, this chapter and s. 950.04 and providing services under s. 950.05, the court shall open for inspection by the victim-witness coordinator the records of the court relating to the enforcement of those rights or the provision of those services. The victim-witness coordinator may use any information obtained under this paragraph 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.

AB130,348,13 (2m) (a) Notwithstanding sub. (2), upon request, a court shall open for inspection by the requester the records of the court, other than reports under s. 938.295 or 938.33 or other records that deal with sensitive personal information of the juvenile and the juvenile's family, relating to a juvenile who has been alleged to be delinquent for committing a violation specified in s. 939.62 (2m) (a) 1., 2. or 3. The requester may further disclose the information to anyone.

AB130,348,21 (b) Notwithstanding sub. (2), upon request, a court shall open for inspection by the requester the records of the court, other than reports under s. 938.295 or 938.33 or other records that deal with sensitive personal information of the juvenile and the juvenile's family, relating to a juvenile who has been alleged to be delinquent for committing a violation that would be a felony if committed by an adult if the juvenile has been adjudicated delinquent at any time preceding the present proceeding and that previous adjudication remains of record and unreversed. The requester may further disclose the information to anyone.

AB130,348,25 (3) This section does not apply to proceedings for violation of chs. 340 to 349 and 351 or any county or municipal ordinance enacted under ch. 349, except that this section does apply to proceedings for violations of ss. 342.06 (2) and 344.48 (1), and ss. 30.67 (1) and 346.67 when death or injury occurs.

AB130,349,7 (4) When a court revokes, suspends or restricts a juvenile's operating privilege under this chapter, the department of transportation shall not disclose information concerning or relating to the revocation, suspension or restriction to any person other than a court, district attorney, county corporation counsel, city, village or town attorney, law enforcement agency, or the minor whose operating privilege is revoked, suspended or restricted, or his or her parent or guardian. Persons entitled to receive this information may not disclose the information to other persons or agencies.

AB130,349,23 (7) (a) Notwithstanding sub. (2) (a), if a petition under s. 938.12 or 938.13 (12) is filed alleging that a juvenile has committed a delinquent act that would be a felony if committed by an adult, the court clerk shall notify the school board of the school district in which the juvenile is enrolled or the school board's designee of the fact that the petition has been filed and the nature of the delinquent act alleged in the petition. Notwithstanding sub. (2) (a) and subject to par. (b), if a juvenile is adjudged delinquent, within 5 days after the date on which the dispositional order is entered, the court clerk shall notify the school board of the school district in which the juvenile is enrolled or the school board's designee of the fact that the juvenile has been adjudicated delinquent, the nature of the violation committed by the juvenile and the disposition imposed on the juvenile under s. 938.34 as a result of that violation. Notwithstanding sub. (2) (a), if school attendance is a condition of a dispositional order under s. 938.355 (2) (b) 7., within 5 days after the date on which the dispositional order is entered, the court clerk shall notify the school board of the school district in which the juvenile is enrolled or the school board's designee of the fact that the juvenile's school attendance is a condition of a dispositional order.

AB130,350,7 (b) If a juvenile is found to have committed a delinquent act at the request of or for the benefit of a criminal gang, as defined in s. 939.22 (9), that would have been a felony under ch. 161 or under chs. 939 to 948 if committed by an adult and is adjudged delinquent on that basis, within 5 days after the date on which the dispositional order is entered the court clerk shall notify the school board of the school district in which the juvenile is enrolled or the school board's designee of the fact that the juvenile has been adjudicated delinquent on that basis, the nature of the violation committed by the juvenile and the disposition imposed on the juvenile under s. 938.34 as a result of that violation.

AB130,350,19 (c) No information from the juvenile's court records, other than information disclosed under par. (a) or (b), may be disclosed to the principal of the school board of the school district in which the juvenile is enrolled or the school board's designee except by order of the court. Any information provided under this subsection to the school board of the school district in which the juvenile is enrolled or the school board's designee shall be disclosed by the school board or designee to employes of the school district who work directly with the juvenile or who have been determined by the school board or designee to have legitimate educational or safety interests in the information. A school district employe to whom information is disclosed under this paragraph may not further disclose the information. A school board may not use any information provided under this subsection as the sole basis for expelling or suspending a juvenile.

AB130,350,25 (8) Notwithstanding sub. (2), if a juvenile is adjudged delinquent for an act that would be a felony if committed by an adult, the court clerk shall notify the department of justice of that fact. No other information from the juvenile's court records may be disclosed to the department of justice except by order of the court. The department of justice may disclose any information provided under this subsection only as part of a criminal history record search under s. 175.35 (2g) (c).

AB130,351,3 Subchapter IX Jurisdiction over persons 17 or older

AB130,351,6 938.44 Jurisdiction over persons 17 or older. (1) The court has jurisdiction over persons 17years of age or over as provided under ss. 938.355 (4) and 938.45 and as otherwise specifically provided in this chapter.

AB130,351,8 (2) The court has jurisdiction over a person subject to an order under s. 938.366 for all matters relating to that order.

AB130,351,16 938.45 Orders applicable to adults. (1) (a) If in the hearing of a case of a juvenile alleged to be delinquent under s. 938.12 or in need of protection or services under s. 938.13 it appears that any person 17 years of age or over has been guilty of contributing to, encouraging, or tending to cause by any act or omission, such condition of the juvenile, the court may make orders with respect to the conduct of such person in his or her relationship to the juvenile, including orders determining the ability of the person to provide for the maintenance or care of the juvenile and directing when, how and where funds for the maintenance or care shall be paid.

AB130,351,21 (b) An act or failure to act contributes to a condition of a juvenile as described in s. 938.12 or 938.13, although the juvenile is not actually adjudicated to come within the provisions of s. 938.12 or 938.13, if the natural and probable consequences of that act or failure to act would be to cause the juvenile to come within the provisions of s. 938.12 or 938.13.

AB130,352,4 (1m) (a) In a proceeding in which a juvenile has been adjudicated delinquent or has been found to be in need of protection or services under s. 938.13, the court may order the juvenile's parent, guardian or legal custodian to comply with any conditions determined by the court to be necessary for the juvenile's welfare. An order under this paragraph may include an order to participate in mental health treatment, anger management, individual or family counseling or parent training and education and to make a reasonable contribution, based on ability to pay, toward the cost of those services.

AB130,352,7 (b) A court may not order inpatient treatment under par. (a) for a juvenile's parent, guardian or legal custodian. All inpatient treatment commitments or admissions must be conducted in accordance with ch. 51.

AB130,352,17 (2) No order under sub. (1) (a) or (1m) (a) may be entered until the person who is the subject of the contemplated order is given an opportunity to be heard on the contemplated order. The court shall cause notice of the time, place and purpose of the hearing to be served on the person personally at least 10 days before the date of hearing. The procedure in these cases shall, as far as practicable, be the same as in other cases in the court. At the hearing the person may be represented by counsel and may produce and cross-examine witnesses. Any person who fails to comply with any order issued by a court under sub. (1) (a) or (1m) (a) may be proceeded against for contempt of court. If the person's conduct involves a crime, the person may be proceeded against under the criminal law.

AB130,352,22 (3) If it appears at a court hearing that any person 17 or older has violated s. 948.40, the court shall refer the record to the district attorney for criminal proceedings as may be warranted in the district attorney's judgment. This subsection does not prevent prosecution of violations of s. 948.40 without the prior reference by the court to the district attorney, as in other criminal cases.

AB130,352,24 SUBCHAPTER X REHEARING AND APPEAL

AB130,353,6 938.46 New evidence. A juvenile whose status is adjudicated by the court under this chapter, or the juvenile's parent, guardian or legal custodian, may at any time within one year after the entering of the court's order petition the court for a rehearing on the ground that new evidence has been discovered affecting the advisability of the court's original adjudication. Upon a showing that such evidence does exist, the court shall order a new hearing.

AB130,353,8 SUBCHAPTER XI AUTHORITY

AB130,353,10 938.48 Authority of department. The department may do all of the following:

AB130,353,16 (1) Promote the enforcement of the laws relating to delinquent juveniles and juveniles in need of protection or services and take the initiative in all matters involving the interests of such juveniles where adequate provision therefor is not made. This duty shall be discharged in cooperation with the courts, county departments and licensed child welfare agencies and with parents and other individuals interested in the welfare of juveniles.

AB130,353,20 (2) Assist in extending and strengthening juvenile welfare services with appropriate federal agencies and in conformity with the federal social security act and in cooperation with parents, other individuals and other agencies so that all juveniles needing such services are reached.

AB130,353,25 (3) Accept supervision over juveniles transferred to it by the court under s. 938.355, and provide special treatment and care when directed by the court. Except as provided in s. 938.505 (2), a court may not direct the department to administer psychotropic medications to juveniles who receive special treatment or care under this subsection.

AB130,354,12 (4) Provide appropriate care and training for juveniles under its supervision under s. 938.183 or 938.34 (4m) or (4n); including serving those juveniles in their own homes, placing them in licensed foster homes or licensed treatment foster homes in accordance with s. 48.63 or licensed group homes, contracting for their care by licensed child welfare agencies or replacing them in juvenile correctional institutions or secured child caring institutions in accordance with rules promulgated under ch. 227, except that the department may not purchase the educational component of private day treatment programs for juveniles in its custody unless the department, the school board as defined in s. 115.001 (7) and the state superintendent of public instruction all determine that an appropriate public education program is not available. Disputes between the department and the school district shall be resolved by the state superintendent of public instruction.

AB130,354,14 (4m) Continue to provide appropriate care, training and services to any person who meets all of the following qualifications:

AB130,354,15 (a) Is at least 17 years of age.