AB130-engrossed,345,20 16(3) Findings or opinions of the court or agency that prepared the court report
17or permanency plan relating to any mental, emotional, cognitive, developmental or
18behavioral disability of the juvenile. The foster parent or operator of a group home
19or child caring institution receiving information under this subsection shall keep the
20information confidential.
AB130-engrossed,346,2 21938.373 Medical authorization. (1) The court assigned to exercise
22jurisdiction under this chapter and ch. 48 may authorize medical services including
23surgical procedures when needed if the court assigned to exercise jurisdiction under
24this chapter and ch. 48 determines that reasonable cause exists for the services and
25that the juvenile is within the jurisdiction of the court assigned to exercise

1jurisdiction under this chapter and ch. 48 and, except as provided in s. 938.296 (4),
2consents.
AB130-engrossed,346,4 3(2) Section 48.375 (7) applies if the medical service authorized under sub. (1)
4is an abortion.
AB130-engrossed,346,65 SUBCHAPTER VII
6 PERMANENCY PLANNING; RECORDS
AB130-engrossed,346,7 7938.38Permanency planning. (1)Definitions. In this section:
AB130-engrossed,346,98 (a) "Agency" means the department of health and social services, the
9department of corrections, a county department or a licensed child welfare agency.
AB130-engrossed,346,1310 (am) "Independent agency" means a private, nonprofit organization, but does
11not include a licensed child welfare agency that is authorized to prepare permanency
12plans or that is assigned the primary responsibility of providing services under a
13permanency plan.
AB130-engrossed,346,1614 (b) "Permanency plan" means a plan designed to ensure that a juvenile is
15reunified with his or her family whenever possible, or that the juvenile quickly
16attains a placement or home providing long-term stability.
AB130-engrossed,346,22 17(2)Permanency plan required. Except as provided in sub. (3), for each
18juvenile living in a foster home, treatment foster home, group home, child caring
19institution, secure detention facility or shelter care facility, the agency that placed
20the juvenile or arranged the placement or the agency assigned primary
21responsibility for providing services to the juvenile under s. 938.355 shall prepare
22a written permanency plan, if any of the following conditions exists:
AB130-engrossed,346,2423 (a) The juvenile is being held in physical custody under s. 938.207, 938.208 or
24938.209.
AB130-engrossed,346,2525 (b) The juvenile is in the legal custody of the agency.
AB130-engrossed,347,2
1(c) The juvenile is under supervision of an agency under s. 48.64 (2) or pursuant
2to a court order under s. 938.355.
AB130-engrossed,347,43 (d) The juvenile was placed under a voluntary agreement between the agency
4and the juvenile's parent under s. 48.63 (1).
AB130-engrossed,347,55 (e) The juvenile is under the guardianship of the agency.
AB130-engrossed,347,66 (f) The juvenile's care is paid under s. 49.19.
AB130-engrossed,347,10 7(3)Time. The agency shall file the permanency plan with the court within 60
8days after the date on which the juvenile was first held in physical custody or placed
9outside of his or her home under a court order, except under either of the following
10conditions:
AB130-engrossed,347,1911 (a) If the juvenile is alleged to be delinquent and is being held in a secure
12detention facility, juvenile portion of a county jail or shelter care facility, and the
13agency intends to recommend that the juvenile be placed in a secured correctional
14facility or a secured child caring institution, the agency is not required to submit the
15permanency plan unless the court does not accept the recommendation of the agency
16or the department of corrections. If the court places the juvenile in any facility
17outside of the juvenile's home other than a secured correctional facility or a secured
18child caring institution, the agency shall file the permanency plan with the court
19within 60 days after the date of disposition.
AB130-engrossed,347,2220 (b) If the juvenile is held for less than 60 days in a secure detention facility,
21juvenile portion of a county jail or a shelter care facility, no permanency plan is
22required if the juvenile is returned to his or her home within that period.
AB130-engrossed,347,24 23(4)Contents of plan. The permanency plan shall include a description of all
24of the following:
AB130-engrossed,348,3
1(a) The services offered and any service provided in an effort to prevent holding
2or placing the juvenile outside of his or her home, and to make it possible for the
3juvenile to return home.
AB130-engrossed,348,54 (b) The basis for the decision to hold the juvenile in custody or to place the
5juvenile outside of his or her home.
AB130-engrossed,348,76 (c) The location and type of facility in which the juvenile is currently held or
7placed, and the location and type of facility in which the juvenile will be placed.
AB130-engrossed,348,108 (d) If the juvenile is living more than 60 miles from his or her home,
9documentation that placement within 60 miles of the juvenile's home is either
10unavailable or inappropriate.
AB130-engrossed,348,1511 (e) The appropriateness of the placement and of the services provided to meet
12the needs of the juvenile and family, including a discussion of services that have been
13investigated and considered and are not available or likely to become available
14within a reasonable time to meet the needs of the juvenile or, if available, why such
15services are not appropriate.
AB130-engrossed,348,1916 (f) The services that will be provided to the juvenile, the juvenile's family and
17the juvenile's foster parent, the juvenile's treatment foster parent or the operator of
18the facility where the juvenile is living to carry out the dispositional order, including
19services planned to accomplish all of the following:
AB130-engrossed,348,2120 1. Ensure proper care and treatment of the juvenile and promote stability in
21the placement.
AB130-engrossed,348,2322 2. Meet the juvenile's physical, emotional, social, educational and vocational
23needs.
AB130-engrossed,349,3
13. Improve the conditions of the parents' home to facilitate the return of the
2juvenile to his or her home, or, if appropriate, obtain an alternative permanent
3placement for the juvenile.
AB130-engrossed,349,64 (g) The conditions, if any, upon which the juvenile will be returned to his or her
5home, including any changes required in the parents' conduct, the juvenile's conduct
6or the nature of the home.
AB130-engrossed,349,17 7(5)Plan review. (a) The court or a panel appointed under this paragraph shall
8review the permanency plan every 6 months from the date on which the juvenile was
9first held in physical custody or placed outside of his or her home. If the court elects
10not to review the permanency plan, the court shall appoint a panel to review the
11permanency plan. The panel shall consist of 3 persons who are either designated by
12an independent agency that has been approved by the chief judge of the judicial
13administrative district or designated by the agency that prepared the permanency
14plan. A voting majority of persons on each panel shall be persons who are not
15employed by the agency that prepared the permanency plan and who are not
16responsible for providing services to the juvenile or the parents of the juvenile whose
17permanency plan is the subject of the review.
AB130-engrossed,349,2218 (am) The court may appoint an independent agency to designate a panel to
19conduct a permanency plan review under par. (a). If the court appoints an
20independent agency under this paragraph, the county department of the county of
21the court shall authorize and contract for the purchase of services from the
22independent agency.
AB130-engrossed,350,923 (b) The court or the agency shall notify the parents of the juvenile, the juvenile
24if he or she is 10 years of age or older and the juvenile's foster parent, the juvenile's
25treatment foster parent or the operator of the facility in which the juvenile is living

1of the date, time and place of the review, of the issues to be determined as part of the
2review, of the fact that they may submit written comments not less than 10 working
3days before the review and of the fact that they may participate in the review. The
4court or agency shall notify the person representing the interests of the public, the
5juvenile's counsel and the juvenile's guardian ad litem of the date of the review, of
6the issues to be determined as part of the review and of the fact that they may submit
7written comments not less than 10 working days before the review. The notices
8under this paragraph shall be provided in writing not less than 30 days before the
9review and copies of the notices shall be filed in the juvenile's case record.
AB130-engrossed,350,1010 (c) The court or the panel shall determine each of the following:
AB130-engrossed,350,1111 1. The continuing necessity for and the appropriateness of the placement.
AB130-engrossed,350,1312 2. The extent of compliance with the permanency plan by the agency and any
13other service providers, the juvenile's parents and the juvenile.
AB130-engrossed,350,1614 3. The extent of any efforts to involve appropriate service providers in addition
15to the agency's staff in planning to meet the special needs of the juvenile and the
16juvenile's parents.
AB130-engrossed,350,1917 4. The progress toward eliminating the causes for the juvenile's placement
18outside of his or her home and toward returning the juvenile to his or her home or
19obtaining a permanent placement for the juvenile.
AB130-engrossed,350,2220 5. The date by which it is likely that the juvenile will be returned to his or her
21home, placed for adoption, placed under legal guardianship or otherwise
22permanently placed.
AB130-engrossed,350,2523 6. If the juvenile has been placed outside of his or her home for 2 years or more,
24the appropriateness of the permanency plan and the circumstances which prevent
25the juvenile from any of the following:
AB130-engrossed,351,1
1a. Being returned to his or her home.
AB130-engrossed,351,32 b. Having a petition for the involuntary termination of parental rights filed on
3behalf of the juvenile.
AB130-engrossed,351,44 c. Being placed for adoption.
AB130-engrossed,351,55 d. Being placed in sustaining care.
AB130-engrossed,351,76 7. Whether reasonable efforts were made by the agency to make it possible for
7the juvenile to return to his or her home.
AB130-engrossed,351,178 (d) Notwithstanding s. 938.78 (2) (a), the agency that prepared the permanency
9plan shall, at least 5 days before a review by a review panel, provide to each person
10appointed to the review panel, the person representing the interests of the public, the
11juvenile's counsel and the juvenile's guardian ad litem a copy of the permanency plan
12and any written comments submitted under par. (b). Notwithstanding s. 938.78 (2)
13(a), a person appointed to a review panel, the person representing the interests of the
14public, the juvenile's counsel and the juvenile's guardian ad litem may have access
15to any other records concerning the juvenile for the purpose of participating in the
16review. A person permitted access to a juvenile's records under this paragraph may
17not disclose any information from the records to any other person.
AB130-engrossed,351,2318 (e) Within 30 days, the agency shall prepare a written summary of the
19determinations under par. (c) and shall provide a copy to the court that entered the
20order, the juvenile or the juvenile's counsel or guardian ad litem, the person
21representing the interests of the public, the juvenile's parent or guardian and the
22juvenile's foster parent, the juvenile's treatment foster parent or the operator of the
23facility where the juvenile is living.
AB130-engrossed,352,224 (f) If the summary prepared under par. (e) indicates that the review panel made
25recommendations that conflict with the court order or that provide for additional

1services not specified in the court order, the agency primarily responsible for
2providing services to the juvenile shall request a revision of the court order.
AB130-engrossed,352,7 3(5m)Annual report. Not later than March 1 annually, each county
4department shall submit to the department a report identifying the membership of
5the review panels appointed during the previous year, data on each of the
6determinations of the review panels required under sub. (5) (c) and any other
7information specified by the department by rule.
AB130-engrossed,352,9 8(6)Rules. The department of health and social services shall promulgate rules
9establishing the following:
AB130-engrossed,352,1010 (a) Procedures for conducting permanency plan reviews.
AB130-engrossed,352,1111 (b) Requirements for training review panels.
AB130-engrossed,352,1412 (c) Standards for reasonable efforts to prevent placement of juveniles outside
13of their homes and to make it possible for juveniles to return to their homes if they
14have been placed outside of their homes.
AB130-engrossed,352,1515 (d) The format for permanency plans and review panel reports.
AB130-engrossed,352,1716 (e) Standards and guidelines for decisions regarding the placement of
17juveniles.
AB130-engrossed,352,22 18938.39Disposition by court bars criminal proceeding. Disposition by
19the court of any violation of state law coming within its jurisdiction under s. 938.12
20bars any future criminal proceeding on the same matter in circuit court when the
21juvenile reaches the age of 17. This section does not affect criminal proceedings in
22circuit court which were transferred under s. 938.18.
AB130-engrossed,353,11 23938.396 Records. (1) Law enforcement officers' records of juveniles shall be
24kept separate from records of persons 17 or older. Law enforcement officers' records
25of juveniles shall not be open to inspection or their contents disclosed except under

1sub. (1b), (1d), (1g), (1m), (1r), (1t) or (1v) or s. 938.293 or by order of the court. This
2subsection does not apply to representatives of the news media who wish to obtain
3information for the purpose of reporting news without revealing the identity of the
4juvenile involved, to victim-witness coordinators, to victims of a juvenile's act who
5wish to obtain information for the purpose of recovering for any loss, damage or
6injury suffered as a result of the juvenile's act, to insurance companies that wish to
7obtain information for the purpose of investigating a claim involving the juvenile, to
8the confidential exchange of information between the police and officials of the school
9attended by the juvenile or other law enforcement or social welfare agencies or to
10juveniles 10 years of age or older who are subject to the jurisdiction of the court of
11criminal jurisdiction.
AB130-engrossed,353,16 12(1b) If requested by the parent, guardian or legal custodian of a juvenile who
13is the subject of a law enforcement officer's report, or if requested by the juvenile, if
1414 years of age or over, a law enforcement agency may, subject to official agency
15policy, provide to the parent, guardian, legal custodian or juvenile a copy of that
16report.
AB130-engrossed,353,22 17(1d) Upon the written permission of the parent, guardian or legal custodian
18of a juvenile who is the subject of a law enforcement officer's report or upon the
19written permission of the juvenile, if 14 years of age or over, a law enforcement
20agency may, subject to official agency policy, make available to the person named in
21the permission any reports specifically identified by the parent, guardian, legal
22custodian or juvenile in the written permission.
AB130-engrossed,354,6 23(1g) If requested by the victim-witness coordinator, a law enforcement agency
24shall disclose to the victim-witness coordinator any information in its records
25relating to the enforcement of rights under the constitution, this chapter and s.

1950.04 or the provision of services under s. 950.05. The victim-witness coordinator
2may use the information only for the purpose of enforcing those rights and providing
3those services and may make that information available only as necessary to ensure
4that victims and witnesses of crimes, as defined in s. 950.02 (1m), receive the rights
5and services to which they are entitled under the constitution, this chapter and ch.
6950.
AB130-engrossed,354,11 7(1m) (a) If requested by the school district administrator of a public school
8district, a law enforcement agency may provide to the school district administrator
9any information in its records relating to the use, possession or distribution of alcohol
10or a controlled substance by a pupil enrolled in the public school district. The
11information shall be used by the school district as provided under s. 118.127 (2).
AB130-engrossed,354,1612 (b) If requested by the school district administrator of a public school district,
13a law enforcement agency may disclose to the school district administrator any
14information in its records relating to the act for which a juvenile enrolled in the public
15school district was adjudged delinquent. The information shall be used by the school
16district as provided in s. 118.127 (3).
AB130-engrossed,354,2517 (c) On petition of a law enforcement agency to review pupil records, as defined
18in s. 118.125 (1) (d), other than pupil records that may be disclosed without a court
19order under s. 118.125 (2) or (2m), for the purpose of investigating alleged delinquent
20or criminal activity, the court may order the school board of the school district in
21which a juvenile is enrolled to disclose to the law enforcement agency the pupil
22records of that juvenile as necessary for the law enforcement agency to pursue its
23investigation. The law enforcement agency may use the pupil records only for the
24purpose of its investigation and may make the pupil records available only to
25employes of the law enforcement agency who are working on the investigation.
AB130-engrossed,355,6
1(1r) If requested by a victim of a juvenile's act, a law enforcement agency may
2disclose to the victim any information in its records relating to the injury, loss or
3damage suffered by the victim, including the name and address of the juvenile and
4the juvenile's parents. The victim may use and further disclose the information only
5for the purpose of recovering for the injury, damage or loss suffered as a result of the
6juvenile's act.
AB130-engrossed,355,14 7(1t) If a juvenile who has been ordered to make restitution for any injury, loss
8or damage caused by the juvenile and if the juvenile has failed to make that
9restitution within one year after the entry of the order, the victim's insurer may
10request a law enforcement agency to disclose to the insurer any information in its
11records relating to the injury, loss or damage suffered by the victim, including the
12name and address of the juvenile and the juvenile's parents. The insurer may use
13and further disclose the information only for the purpose of investigating a claim
14arising out of the juvenile's act.
AB130-engrossed,355,19 15(1v) If a law enforcement agency discloses information in its records under sub.
16(1), (1g), (1m) or (1r), the law enforcement agency shall immediately notify the
17juvenile who is the subject of the record and the juvenile's parent, guardian or legal
18custodian of that disclosure and shall immediately provide to the juvenile and the
19parent, guardian or legal custodian the information disclosed.
AB130-engrossed,356,4 20(2) (a) Records of the court assigned to exercise jurisdiction under this chapter
21and ch. 48 and of courts exercising jurisdiction under s. 938.17 (2) shall be entered
22in books or deposited in files kept for that purpose only. They shall not be open to
23inspection or their contents disclosed except by order of the court assigned to exercise
24jurisdiction under this chapter or as permitted under this section. If a court opens
25for inspection or discloses the contents of a record as permitted under this section,

1the court shall immediately notify the juvenile who is the subject of the record and
2the juvenile's parent, guardian or legal custodian of that inspection or disclosure and
3shall immediately provide to the juvenile and the parent, guardian or legal custodian
4the record inspected or the information disclosed.
AB130-engrossed,356,85 (ag) Upon request of the parent, guardian or legal custodian of a juvenile who
6is the subject of a record of a court specified in par. (a), or upon request of the juvenile,
7if 14 years of age or over, the court shall open for inspection by the parent, guardian,
8legal custodian or juvenile the records of the court relating to that juvenile.
AB130-engrossed,356,139 (am) Upon the written permission of the parent, guardian or legal custodian
10of a juvenile who is the subject of a record of a court specified in par. (a), or upon
11request of the juvenile if 14 years of age or over, the court shall open for inspection
12by the person named in the permission any records specifically identified by the
13parent, guardian, legal custodian or juvenile in the written permission.
AB130-engrossed,356,1814 (b) Upon request of the department or a federal agency to review court records
15for the purpose of monitoring and conducting periodic evaluations of activities as
16required by and implemented under 45 CFR 1355, 1356 and 1357, the court shall
17open those records for inspection by authorized representatives of the department
18or federal agency.
AB130-engrossed,356,2519 (c) Upon request of a law enforcement agency to review court records for the
20purpose of investigating a crime that might constitute criminal gang activity, as
21defined in s. 941.38 (1) (b), the court shall open for inspection by authorized
22representatives of the law enforcement agency the records of the court relating to any
23juvenile who has been found to have committed a delinquent act at the request of or
24for the benefit of a criminal gang, as defined in s. 939.22 (9), that would have been
25a felony under ch. 161 or under chs. 939 to 948 if committed by an adult.
AB130-engrossed,357,7
1(d) Upon request of a court of criminal jurisdiction or a district attorney to
2review court records for the purpose of investigating and determining whether a
3person has possessed a firearm in violation of s. 941.29 (2), the court assigned to
4exercise jurisdiction under this chapter and ch. 48 shall open for inspection by
5authorized representatives of the requester the records of the court relating to any
6juvenile who has been adjudicated delinquent for an act that would be a felony if
7committed by an adult.
AB130-engrossed,357,118 (dm) Upon request of a defense counsel to review court records for the purpose
9of preparing his or her client's defense to an allegation of delinquent or criminal
10activity, the court shall open for inspection by authorized representatives of the
11requester the records of the court relating to that client.
AB130-engrossed,357,1712 (e) Upon request of the department of health and social services to review court
13records for the purpose of providing, under s. 980.015 (3) (a), the department of
14justice or a district attorney with a person's offense history, the court shall open for
15inspection by authorized representatives of the department of health and social
16services the records of the court relating to any juvenile who has been adjudicated
17delinquent for a sexually violent offense, as defined in s. 980.01 (6).
AB130-engrossed,358,218 (f) Upon request of the victim-witness coordinator to review court records for
19the purpose of enforcing rights under the constitution, this chapter and s. 950.04 and
20providing services under s. 950.05, the court shall open for inspection by the
21victim-witness coordinator the records of the court relating to the enforcement of
22those rights or the provision of those services. The victim-witness coordinator may
23use any information obtained under this paragraph only for the purpose of enforcing
24those rights and providing those services and may make that information available
25only as necessary to ensure that victims and witnesses of crimes, as defined in s.

1950.02 (1m), receive the rights and services to which they are entitled under the
2constitution, this chapter and ch. 950.
AB130-engrossed,358,53 (fm) Upon request of a victim's insurer, the court shall disclose to an authorized
4representative of the requester the amount of restitution, if any, that the court has
5ordered a juvenile to make to the victim.
AB130-engrossed,358,11 6(2m) (a) Notwithstanding sub. (2), upon request, a court shall open for
7inspection by the requester the records of the court, other than reports under s.
8938.295 or 938.33 or other records that deal with sensitive personal information of
9the juvenile and the juvenile's family, relating to a juvenile who has been alleged to
10be delinquent for committing a violation specified in s. 939.62 (2m) (a) 1., 2. or 3. The
11requester may further disclose the information to anyone.
AB130-engrossed,358,1912 (b) Notwithstanding sub. (2), upon request, a court shall open for inspection by
13the requester the records of the court, other than reports under s. 938.295 or 938.33
14or other records that deal with sensitive personal information of the juvenile and the
15juvenile's family, relating to a juvenile who has been alleged to be delinquent for
16committing a violation that would be a felony if committed by an adult if the juvenile
17has been adjudicated delinquent at any time preceding the present proceeding and
18that previous adjudication remains of record and unreversed. The requester may
19further disclose the information to anyone.
AB130-engrossed,358,23 20(3) This section does not apply to proceedings for violation of chs. 340 to 349
21and 351 or any county or municipal ordinance enacted under ch. 349, except that this
22section does apply to proceedings for violations of ss. 342.06 (2) and 344.48 (1), and
23ss. 30.67 (1) and 346.67 when death or injury occurs.
AB130-engrossed,359,5 24(4) When a court revokes, suspends or restricts a juvenile's operating privilege
25under this chapter, the department of transportation shall not disclose information

1concerning or relating to the revocation, suspension or restriction to any person other
2than a court, district attorney, county corporation counsel, city, village or town
3attorney, law enforcement agency, or the minor whose operating privilege is revoked,
4suspended or restricted, or his or her parent or guardian. Persons entitled to receive
5this information may not disclose the information to other persons or agencies.
AB130-engrossed,359,21 6(7) (a) Notwithstanding sub. (2) (a), if a petition under s. 938.12 or 938.13 (12)
7is filed alleging that a juvenile has committed a delinquent act that would be a felony
8if committed by an adult, the court clerk shall notify the school board of the school
9district in which the juvenile is enrolled or the school board's designee of the fact that
10the petition has been filed and the nature of the delinquent act alleged in the petition.
11Notwithstanding sub. (2) (a) and subject to par. (b), if a juvenile is adjudged
12delinquent, within 5 days after the date on which the dispositional order is entered,
13the court clerk shall notify the school board of the school district in which the juvenile
14is enrolled or the school board's designee of the fact that the juvenile has been
15adjudicated delinquent, the nature of the violation committed by the juvenile and the
16disposition imposed on the juvenile under s. 938.34 as a result of that violation.
17Notwithstanding sub. (2) (a), if school attendance is a condition of a dispositional
18order under s. 938.355 (2) (b) 7., within 5 days after the date on which the
19dispositional order is entered, the court clerk shall notify the school board of the
20school district in which the juvenile is enrolled or the school board's designee of the
21fact that the juvenile's school attendance is a condition of a dispositional order.
AB130-engrossed,360,522 (b) If a juvenile is found to have committed a delinquent act at the request of
23or for the benefit of a criminal gang, as defined in s. 939.22 (9), that would have been
24a felony under ch. 161 or under chs. 939 to 948 if committed by an adult and is
25adjudged delinquent on that basis, within 5 days after the date on which the

1dispositional order is entered the court clerk shall notify the school board of the
2school district in which the juvenile is enrolled or the school board's designee of the
3fact that the juvenile has been adjudicated delinquent on that basis, the nature of
4the violation committed by the juvenile and the disposition imposed on the juvenile
5under s. 938.34 as a result of that violation.
AB130-engrossed,360,166 (bm) Notwithstanding sub. (2) (a), in addition to the disclosure made under par.
7(a) or (b), if a juvenile is adjudicated delinquent and as a result of the dispositional
8order is enrolled in a different school district from the school district in which the
9juvenile is enrolled at the time of the dispositional order, the court clerk, within 5
10days after the date on which the dispositional order is entered, shall provide the
11school board of the juvenile's new school district or the school board's designee with
12the information specified in par. (a) or (b), whichever is applicable, and, in addition,
13shall notify that school board or designee of whether the juvenile has been
14adjudicated delinquent previously by that court, the nature of any previous
15violations committed by the juvenile and the dispositions imposed on the juvenile
16under s. 938.34 as a result of those previous violations.
AB130-engrossed,361,917 (c) No information from the juvenile's court records, other than information
18disclosed under par. (a), (b) or (bm), may be disclosed to the school board of the school
19district in which the juvenile is enrolled or the school board's designee except by order
20of the court. Any information provided under this subsection to the school board of
21the school district in which the juvenile is enrolled or the school board's designee
22shall be disclosed by the school board or designee to employes of the school district
23who work directly with the juvenile or who have been determined by the school board
24or designee to have legitimate educational or safety interests in the information. A
25school district employe to whom information is disclosed under this paragraph shall

1not further disclose the information. A school board shall not use any information
2provided under this subsection as the sole basis for expelling or suspending a
3juvenile. A school board member or an employe of a school district may not be held
4personally liable for any damages caused by the nondisclosure of any information
5specified in this paragraph unless the member or employe acted with actual malice
6in failing to disclose the information. A school district may not be held liable for any
7damages caused by the nondisclosure of any information specified in this paragraph
8unless the school district or its agent acted with gross negligence or with reckless,
9wanton or intentional misconduct in failing to disclose the information.
AB130-engrossed,361,15 10(8) Notwithstanding sub. (2), if a juvenile is adjudged delinquent for an act
11that would be a felony if committed by an adult, the court clerk shall notify the
12department of justice of that fact. No other information from the juvenile's court
13records may be disclosed to the department of justice except by order of the court.
14The department of justice may disclose any information provided under this
15subsection only as part of a criminal history record search under s. 175.35 (2g) (c).
AB130-engrossed,361,1816 Subchapter IX
17 Jurisdiction over
18 persons 17 or older
AB130-engrossed,361,21 19938.44Jurisdiction over persons 17 or older. The court has jurisdiction
20over persons 17years of age or over as provided under ss. 938.355 (4) and 938.45 and
21as otherwise specifically provided in this chapter.
AB130-engrossed,362,4 22938.45Orders applicable to adults. (1) (a) If in the hearing of a case of
23a juvenile alleged to be delinquent under s. 938.12 or in need of protection or services
24under s. 938.13 it appears that any person 17 years of age or over has been guilty of
25contributing to, encouraging, or tending to cause by any act or omission, such

1condition of the juvenile, the court may make orders with respect to the conduct of
2such person in his or her relationship to the juvenile, including orders determining
3the ability of the person to provide for the maintenance or care of the juvenile and
4directing when, how and where funds for the maintenance or care shall be paid.
AB130-engrossed,362,95 (b) An act or failure to act contributes to a condition of a juvenile as described
6in s. 938.12 or 938.13, although the juvenile is not actually adjudicated to come
7within the provisions of s. 938.12 or 938.13, if the natural and probable consequences
8of that act or failure to act would be to cause the juvenile to come within the
9provisions of s. 938.12 or 938.13.
AB130-engrossed,362,17 10(1m) (a) In a proceeding in which a juvenile has been adjudicated delinquent
11or has been found to be in need of protection or services under s. 938.13, the court may
12order the juvenile's parent, guardian or legal custodian to comply with any conditions
13determined by the court to be necessary for the juvenile's welfare. An order under
14this paragraph may include an order to participate in mental health treatment,
15anger management, individual or family counseling or parent training and
16education and to make a reasonable contribution, based on ability to pay, toward the
17cost of those services.
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