SB624, s. 84 5Section 84. 938.299 (1) (av) of the statutes is created to read:
SB624,38,76 938.299 (1) (av) If a public hearing is held under par. (a) or (ar), any person may
7disclose to anyone any information obtained as a result of that hearing.
SB624, s. 85 8Section 85. 938.299 (1) (b) of the statutes, as created by 1995 Wisconsin Act
977
, is amended to read:
SB624,38,1410 938.299 (1) (b) Except as provided in par. (av) and s. 938.396, any person who
11divulges any information which would identify the juvenile or the family involved in
12any proceeding under this subchapter is subject to ch. 785. This paragraph does not
13preclude a victim of the juvenile's act from commencing a civil action based upon the
14juvenile's act.
SB624, s. 86 15Section 86. 938.315 (1) (dm) of the statutes is created to read:
SB624,38,1716 938.315 (1) (dm) Any period of delay resulting from court congestion or
17scheduling.
SB624, s. 87 18Section 87. 938.315 (3) of the statutes, as created by 1995 Wisconsin Act 77,
19is amended to read:
SB624,39,220 938.315 (3) Failure to comply with any time limit specified in this chapter does
21not deprive the court of personal or subject matter jurisdiction or of competency to
22exercise that jurisdiction. Failure to object to a period of delay or a continuance
23waives the time limit that is the subject of the period of delay or continuance.
If a
24party does not comply with a time limit specified in this chapter, the court may grant
25a continuance under sub. (2), dismiss the petition with or without prejudice, release

1the juvenile from secure or nonsecure custody or from the terms of a custody order
2or grant any other relief that the court considers appropriate.
SB624, s. 88 3Section 88. 938.32 (1t) (a) 2. of the statutes, as created by 1995 Wisconsin Act
477
, is amended to read:
SB624,39,125 938.32 (1t) (a) 2. In addition to any other employment or duties permitted
6under ch. 103 or any rule or order under ch. 103, a juvenile who is under 14 years of
7age who is participating in a restitution project provided by the county may, for the
8purpose of making restitution under the consent decree, be employed or perform any
9duties under any circumstances in which a juvenile 14 or 15 years of age is permitted
10to be employed or to perform duties under ch. 103 or any rule or order under ch. 103.
11A juvenile who is participating in a restitution project provided by the county is
12exempt from the permit requirement under s. 103.70 (1).
SB624, s. 89 13Section 89. 938.34 (4d) of the statutes is created to read:
SB624,39,1714 938.34 (4d) Type 2 child caring institution placement. Place the juvenile in
15a Type 2 child caring institution under the supervision of the county department and
16subject to Type 2 status, as described in s. 938.539, but only if all of the following
17apply:
SB624,39,2018 (a) The juvenile has been found to be delinquent for the commission of an act
19which if committed by an adult would be punishable by a sentence of 6 months or
20more.
SB624,40,221 (b) The juvenile has been found to be a danger to the public and to be in need
22of restrictive custodial treatment. If the judge determines that any of the conditions
23specified in sub. (4m) (b) 1., 2. or 3. applies, but that placement in the serious juvenile
24offender program under sub. (4h) or in a secured correctional facility under sub. (4m)
25would not be appropriate, that determination shall be prima facie evidence that the

1juvenile is a danger to the public and in need of restrictive custodial treatment under
2this subsection.
SB624, s. 90 3Section 90. 938.34 (4h) (a) of the statutes, as created by 1995 Wisconsin Act
477
, is amended to read:
SB624,40,115 938.34 (4h) (a) The juvenile is 14 years of age or over and has been adjudicated
6delinquent for committing a violation of s. 939.31, 939.32 (1) (a), 940.03, 940.21,
7940.225 (1), 940.305, 940.31, 941.327 (2) (b) 4., 943.02, 943.10 (2), 943.23 (1g), (1m)
8or (1r), 943.32 (2), 948.02 (1), 948.025, 948.30 (2), 948.35 (1) (b) or 948.36 or the
9juvenile is 10 years of age or over and has been adjudicated delinquent for attempting
10or committing a violation of s. 940.01 or for committing a violation of 940.02 or
11940.05.
SB624, s. 91 12Section 91. 938.34 (5) (b) of the statutes, as created by 1995 Wisconsin Act 77,
13is amended to read:
SB624,40,2114 938.34 (5) (b) In addition to any other employment or duties permitted under
15ch. 103 or any rule or order under ch. 103, a juvenile who is under 14 years of age who
16is participating in a restitution project provided by the county may, for the purpose
17of making restitution ordered by the court under this subsection, be employed or
18perform any duties under any circumstances in which a juvenile 14 or 15 years of age
19is permitted to be employed or perform duties under ch. 103 or any rule or order
20under ch. 103. A juvenile who is participating in a restitution project provided by the
21county is exempt from the permit requirement under s. 103.70 (1).
SB624, s. 92 22Section 92. 938.34 (5g) (c) of the statutes, as created by 1995 Wisconsin Act
2377
, is amended to read:
SB624,41,724 938.34 (5g) (c) In addition to any other employment or duties permitted under
25ch. 103 or any rule or order under ch. 103, a juvenile who is under 14 years of age who

1is participating in a supervised work program or other community service work may,
2for purposes of performing the supervised work or other community service work, be
3employed or perform any duties under any circumstances in which a juvenile 14 or
415 years of age is permitted to be employed or perform duties under ch. 103 or any
5rule or order under ch. 103. A juvenile who is participating in a supervised work
6program or other community service work is exempt from the permit requirement
7under s. 103.70 (1).
SB624, s. 93 8Section 93. 938.34 (8) of the statutes, as created by 1995 Wisconsin Act 77, is
9amended to read:
SB624,42,310 938.34 (8) Forfeiture. Impose a forfeiture based upon a determination that
11this disposition is in the best interest of the juvenile and in aid of rehabilitation. The
12maximum forfeiture that the court may impose under this subsection for a violation
13by a juvenile is the maximum amount of the fine that may be imposed on an adult
14for committing that violation or, if the violation is applicable only to a juvenile person
15under 18 years of age
, $100. Any such order shall include a finding that the juvenile
16alone is financially able to pay the forfeiture and shall allow up to 12 months for
17payment. If the juvenile fails to pay the forfeiture, the court may vacate the forfeiture
18and order other alternatives under this section, in accordance with the conditions
19specified in this subchapter; or the court may suspend any license issued under ch.
2029 for not less than 30 days nor more than 5 years, or suspend the juvenile's operating
21privilege as defined in s. 340.01 (40) for not less than 30 days nor more than 5 years.
22If the court suspends any license under this subsection, the clerk of the court shall
23immediately take possession of the suspended license and forward it to the
24department which issued the license, together with a notice of suspension clearly
25stating that the suspension is for failure to pay a forfeiture imposed by the court. If

1the forfeiture is paid during the period of suspension, the suspension shall be reduced
2to the time period which has already elapsed and the court shall immediately notify
3the department which shall then return the license to the juvenile.
SB624, s. 94 4Section 94. 938.34 (16) of the statutes, as created by 1995 Wisconsin Act 77,
5is amended to read:
SB624,42,226 938.34 (16) Stay of order. After ordering a disposition under this section,
7enter an additional order staying the execution of the dispositional order contingent
8on the juvenile's satisfactory compliance with any conditions that are specified in the
9dispositional order and explained to the juvenile by the court. If the juvenile violates
10a condition of his or her dispositional order, the agency supervising the juvenile shall
11notify the court and the court shall hold a hearing within 30 days after the filing of
12the notice to determine whether the original disposition order should be imposed,
13unless the juvenile signs a written waiver of any objections to imposing the original
14dispositional order and the court approves the waiver. If a hearing is held, the court
15shall notify the parent, juvenile, guardian and legal custodian, all parties bound by
16the original dispositional order and the district attorney or corporation counsel in the
17county in which the dispositional order was entered at the time and place of the
18hearing at least 3 days before the hearing. If all parties consent, the court may
19proceed immediately with the hearing. The court may not impose the original
20dispositional order unless the court finds to a reasonable certainty by the greater
21weight
by a preponderance of the credible evidence that the juvenile has violated a
22condition of his or her dispositional order.
SB624, s. 95 23Section 95. 938.342 of the statutes, as created by 1995 Wisconsin Act 77, is
24amended to read:
SB624,43,5
1938.342 Disposition; truancy and school dropout ordinance violations.
2(1)
If the court finds that the juvenile a person under 18 years of age violated a
3municipal ordinance enacted under s. 118.163 (2), the court shall enter an order
4making one or more of the following dispositions if such a disposition is authorized
5by the municipal ordinance:
SB624,43,106 (a) Suspend the juvenile's person's operating privilege, as defined in s. 340.01
7(40), for not less than 30 days nor more than 90 days. The court shall immediately
8take possession of the suspended license and forward it to the department of
9transportation together with a notice stating the reason for and duration of the
10suspension.
SB624,43,1211 (b) Order the juvenile person to participate in counseling or a supervised work
12program or other community service work under s. 938.34 (5g).
SB624,43,1713 (c) Order the juvenile person to remain at home except during hours in which
14the juvenile person is attending religious worship or a school program, including
15travel time required to get to and from the school program or place of worship. The
16order may permit a juvenile person to leave his or her home if the juvenile person is
17accompanied by a parent or guardian.
SB624,43,1918 (d) Order the juvenile person to attend an educational program under s. 938.34
19(7d).
SB624,43,2220 (e) Order the department of industry, labor and job development to revoke,
21under s. 103.72, a permit under s. 103.70 authorizing the employment of the juvenile
22person.
SB624,43,2423 (f) Order the juvenile person to be placed in a teen court program if all of the
24following conditions apply:
SB624,44,4
11. The chief judge of the judicial administrative district has approved a teen
2court program established in the juvenile's person's county of residence and the judge
3determines that participation in the teen court program will likely benefit the
4juvenile person and the community.
SB624,44,85 2. The juvenile person admits or pleads no contest in open court, with the
6juvenile's person's parent, guardian or legal custodian present, to the allegations
7that the juvenile person violated the municipal ordinance enacted under s. 118.163
8(2).
SB624,44,119 3. The juvenile person has not successfully completed participation in a teen
10court program during the 2 years before the date of the alleged municipal ordinance
11violation.
SB624,44,16 12(1m) (a) If the court finds that the juvenile person violated a municipal
13ordinance enacted under s. 118.163 (2), the court may, in addition to or instead of the
14dispositions under sub. (1), order the juvenile's person's parent, guardian or legal
15custodian to participate in counseling at the parent's, guardian's or legal custodian's
16own expense.
SB624,45,217 (b) No order to any person parent, guardian or legal custodian under par. (a)
18may be entered until the person parent, guardian or legal custodian is given an
19opportunity to be heard on the contemplated order of the court. The court shall cause
20notice of the time, place and purpose of the hearing to be served on the person parent,
21guardian or legal custodian
personally at least 10 days before the date of the hearing.
22The procedure in these cases shall, as far as practicable, be the same as in other cases
23to the court. At the hearing, the person parent, guardian or legal custodian may be
24represented by counsel and may produce and cross-examine witnesses. Any person

1parent, guardian or legal custodian who fails to comply with any order issued by a
2court under par. (a) may be proceeded against for contempt of court.
SB624,45,6 3(2) (a) Except as provided in par. (b), if the court finds that the juvenile a person
4is subject to a municipal ordinance enacted under s. 118.163 (2m), the court shall
5enter an order suspending the juvenile's person's operating privilege, as defined in
6s. 340.01 (40), until the juvenile person reaches the age of 18.
SB624,45,107 (b) The court may enter an order making any of the dispositions specified under
8sub. (1) if the court finds that suspension of the juvenile's person's operating
9privilege, as defined in s. 340.01 (40), until the juvenile person reaches the age of 18
10would cause an undue hardship to the juvenile person or the juvenile's family.
SB624, s. 96 11Section 96. 938.343 (2) of the statutes, as created by 1995 Wisconsin Act 77,
12is amended to read:
SB624,45,2413 938.343 (2) Impose a forfeiture not to exceed the maximum forfeiture that may
14be imposed on an adult for committing that violation or, if the violation is only
15applicable to a juvenile person under 18 years of age, $50. Any such order shall
16include a finding that the juvenile alone is financially able to pay and shall allow up
17to 12 months for the payment. If a juvenile fails to pay the forfeiture, the court may
18suspend any license issued under ch. 29 or suspend the juvenile's operating privilege
19as defined in s. 340.01 (40), for not less than 30 days nor more than 5 years. The court
20shall immediately take possession of the suspended license and forward it to the
21department which issued the license, together with the notice of suspension clearly
22stating that the suspension is for failure to pay a forfeiture imposed by the court. If
23the forfeiture is paid during the period of suspension, the court shall immediately
24notify the department, which will thereupon return the license to the person.
SB624, s. 97
1Section 97. 938.355 (4) of the statutes, as created by 1995 Wisconsin Act 77,
2is amended to read:
SB624,46,123 938.355 (4) Termination of orders. (a) Except as provided under par. (b) or
4s. 938.368, all orders under this section shall terminate at the end of one year unless
5the court specifies a shorter period of time. Except if s. 938.368 applies, extensions
6or revisions shall terminate at the end of one year unless the court specifies a shorter
7period of time. No extension under s. 938.365 of an original dispositional order may
8be granted for a juvenile who is subject to an order under s. 938.34 (4d), (4h), (4m)
9or (4n) if the juvenile is 17 years of age or older when the original dispositional order
10terminates. Any order made before the juvenile reaches the age of majority shall be
11effective for a time up to one year after its entry unless the court specifies a shorter
12period of time.
SB624,46,2113 (b) An order under s. 938.34 (4d), (4h) or (4m) for which a juvenile has been
14adjudicated delinquent is subject to par. (a), except that the judge may make an order
15under s. 938.34 (4d) or (4m) apply for up to 2 years or until the juvenile's 18th
16birthdate, whichever is earlier and the judge shall make an order under s. 938.34 (4h)
17apply for 5 years, if the juvenile is adjudicated delinquent for committing an act that
18would be punishable as a Class B felony if committed by an adult, or until the
19juvenile reaches 25 years of age, if the juvenile is adjudicated delinquent for
20committing an act that would be punishable as a Class A felony if committed by an
21adult.
SB624, s. 98 22Section 98. 938.355 (6) (title) and (a) of the statutes, as created by 1995
23Wisconsin Act 77
, are amended to read:
SB624,47,1324 938.355 (6) (title) Sanctions for violation of order; delinquency or civil law
25or ordinance violation
. (a) If a juvenile who has been adjudged delinquent or, found

1to be in need of protection or services under s. 938.13 (4), (6m), (7), (12) or (14) or
2adjudged
to have violated a civil law or ordinance violates a condition specified in
3sub. (2) (b) 7., the court may impose on the juvenile any of the sanctions specified in
4par. (d) if, at the dispositional hearing under s. 938.335, the court explained the
5conditions to the juvenile and informed the juvenile of those possible sanctions or if
6before the violation the juvenile has acknowledged in writing that he or she has read,
7or has had read to him or her, those conditions and possible sanctions and that he or
8she understands those conditions and possible sanctions. The court may not order
9the sanction of placement in a place of nonsecure custody specified in par. (d) 1.
10unless the court finds that the agency primarily responsible for providing services
11for the juvenile has made reasonable efforts to prevent the removal of the juvenile
12from his or her home and that continued placement of the juvenile in his or her home
13is contrary to the welfare of the juvenile.
SB624, s. 99 14Section 99. 938.355 (6) (an) of the statutes, as created by 1995 Wisconsin Act
1577
, is renumbered 938.355 (6) (an) 1.
SB624, s. 100 16Section 100. 938.355 (6) (an) 2. of the statutes is created to read:
SB624,47,2217 938.355 (6) (an) 2. If the court assigned to exercise jurisdiction under this
18chapter and ch. 48 imposes the sanction specified in par. (d) 1. or home detention with
19monitoring by an electronic monitoring system as specified in par. (d) 3., on a petition
20described in subd. 1., that court shall order the municipality of the municipal court
21that filed the petition to pay to the county the cost of providing the sanction imposed
22under par. (d) 1. or 3.
SB624, s. 101 23Section 101. 938.355 (6) (d) (intro.) of the statutes, as created by 1995
24Wisconsin Act 77
, is amended to read:
SB624,48,4
1938.355 (6) (d) (intro.) The If the court finds by a preponderance of the evidence
2that the juvenile has violated a condition of his or her dispositional order, the
court
3may order any of the following sanctions as a consequence for any incident in which
4the juvenile has violated one or more conditions of his or her dispositional order:
SB624, s. 102 5Section 102. 938.355 (6m) (a) of the statutes, as created by 1995 Wisconsin Act
677
, is amended to read:
SB624,49,47 938.355 (6m) (a) If the court finds by a preponderance of the evidence that a
8juvenile who has been found in need of protection or services based on habitual
9truancy from school violates has violated a condition specified under sub. (2) (b) 7.,
10the court may order as a sanction any combination of the operating privilege
11suspension specified in this paragraph and the dispositions specified in s. 938.342
12(1) (b) to (f) and (1m), regardless of whether the disposition was imposed in the order
13violated by the juvenile, if at the dispositional hearing under s. 938.335 the court
14explained those conditions to the juvenile and informed the juvenile of the possible
15sanctions under this paragraph for a violation or if before the violation the juvenile
16has acknowledged in writing that he or she has read, or has had read to him or her,
17those conditions and possible sanctions and that he or she understands those
18conditions and possible sanctions. The court may order as a sanction suspension of
19the juvenile's operating privilege, as defined under s. 340.01 (40), for not more than
20one year. If the juvenile does not hold a valid operator's license under ch. 343, other
21than an instruction permit under s. 343.07 or a restricted license under s. 343.08, on
22the date of the order issued under this paragraph, the court may order the
23suspension to begin on the date that the operator's license would otherwise be
24reinstated or issued after the juvenile applies and qualifies for issuance or 2 years
25after the date of the order issued under this paragraph, whichever occurs first. If the

1court suspends an operating privilege under this paragraph, the court shall
2immediately take possession of the suspended license and forward it to the
3department of transportation with a notice stating the reason for and the duration
4of the suspension.
SB624, s. 103 5Section 103. 938.357 (1) of the statutes, as created by 1995 Wisconsin Act 77,
6is amended to read:
SB624,50,47 938.357 (1) The person or agency primarily responsible for implementing the
8dispositional order or the district attorney may request a change in the placement
9of the juvenile, whether or not the change requested is authorized in the dispositional
10order and shall cause written notice to be sent to the juvenile or the juvenile's counsel
11or guardian ad litem, parent, foster parent, treatment foster parent, guardian and
12legal custodian. The notice shall contain the name and address of the new
13placement, the reasons for the change in placement, a statement describing why the
14new placement is preferable to the present placement and a statement of how the
15new placement satisfies objectives of the treatment plan ordered by the court. Any
16person receiving the notice under this subsection or notice of the specific foster or
17treatment foster placement under s. 938.355 (2) (b) 2. may obtain a hearing on the
18matter by filing an objection with the court within 10 days after receipt of the notice.
19Placements shall not be changed until 10 days after such notice is sent to the court
20unless the parent, guardian or legal custodian and the juvenile, if 12 or more years
21of age, sign written waivers of objection, except that placement changes which were
22authorized in the dispositional order may be made immediately if notice is given as
23required in this subsection. In addition, a hearing is not required for placement
24changes authorized in the dispositional order except where an objection filed by a
25person who received notice alleges that new information is available which affects

1the advisability of the court's dispositional order. If a hearing is held under this
2subsection and the change in placement would remove a juvenile from a foster home
3or treatment foster home, the foster parent or treatment foster parent may submit
4a written statement prior to the hearing.
SB624, s. 104 5Section 104. 938.357 (3) of the statutes, as created by 1995 Wisconsin Act 77,
6is amended to read:
SB624,50,157 938.357 (3) Subject to sub. (4) (b) and (c) and (5) (e), if the proposed change in
8placement would involve placing a juvenile in a secured correctional facility or in a
9secured child caring institution, notice shall be given as provided in sub. (1). A
10hearing shall be held, unless waived by the juvenile, parent, guardian and legal
11custodian, before the judge makes a decision on the request. The juvenile shall be
12entitled to counsel at the hearing, and any party opposing or favoring the proposed
13new placement may present relevant evidence and cross-examine witnesses. The
14proposed new placement may be approved only if the judge finds, on the record, that
15the conditions set forth in s. 938.34 (4m) have been met.
SB624, s. 105 16Section 105. 938.357 (4) (a) of the statutes, as created by 1995 Wisconsin Act
1777
, is amended to read:
SB624,51,618 938.357 (4) (a) When the juvenile is placed with the department, the
19department may, after an examination under s. 938.50, place the juvenile in a
20secured correctional facility or a secured child caring institution or on aftercare
21supervision, either immediately or after a period of placement in a secured
22correctional facility or a secured child caring institution. The department shall send
23written notice of the change to the parent, guardian, legal custodian, county
24department designated under s. 938.34 (4n), if any, and committing court. If the
25department places a juvenile in a Type 2 secured correctional facility operated by a

1child welfare agency, the department shall reimburse the child welfare agency at the
2rate established under s. 46.037 that is applicable to the type of placement that the
3child welfare agency is providing for the juvenile.
A juvenile who is placed in a Type
42 secured correctional facility or a
secured child caring institution remains under the
5supervision of the department, remains subject to the rules and discipline of that
6department and is considered to be in custody, as defined in s. 946.42 (1) (a).
SB624, s. 106 7Section 106. 938.357 (4) (b) and (c) of the statutes, as created by 1995
8Wisconsin Act 77
, are repealed and recreated to read:
SB624,51,159 938.357 (4) (b) 1. If a juvenile whom the department has placed in a Type 2
10secured correctional facility operated by a child welfare agency violates a condition
11of his or her placement in the Type 2 secured correctional facility, the child welfare
12agency operating the Type 2 secured correctional facility shall notify the department
13and the department, after consulting with the child welfare agency, may place the
14juvenile in a Type 1 secured correctional facility under the supervision of the
15department without a hearing under sub. (1).
SB624,52,616 2. If a juvenile whom the court has placed in a Type 2 child caring institution
17under s. 938.34 (4d) violates a condition of his or her placement in the Type 2 child
18caring institution, the child welfare agency operating the Type 2 child caring
19institution shall notify the county department that has supervision over the juvenile
20and, if the county department agrees to a change in placement under this
21subdivision, the child welfare agency shall notify the department and the
22department, after consulting with the child welfare agency, may place the juvenile
23in a Type 1 secured correctional facility under the supervision of the department,
24without a hearing under sub. (1), for not more than 10 days. If a juvenile is placed
25in a Type 1 secured correctional facility under this subdivision, the county

1department that has supervision over the juvenile shall reimburse the child welfare
2agency operating the Type 2 child caring institution in which the juvenile was placed
3at the rate established under s. 46.037, and that child welfare agency shall reimburse
4the department at the rate specified in s. 301.26 (4) (d) 3m. or 4., whichever is
5applicable, for the cost of the juvenile's care while placed in a Type 1 secured
6correctional facility.
SB624,52,107 3. The child welfare agency operating the Type 2 secured correctional facility
8or Type 2 child caring institution shall send written notice of a change in placement
9under subd. 1. or 2. to the parent, guardian, legal custodian, county department and
10committing court.
SB624,52,1211 4. A juvenile may seek review of a decision of the department under subd. 1.
12or 2. only by the common law writ of certiorari.
SB624,52,2013 (c) 1. If a juvenile is placed in a Type 2 secured correctional facility operated
14by a child welfare agency under par. (a) and it appears that a less restrictive
15placement would be appropriate for the juvenile, the department, after consulting
16with the child welfare agency that is operating the Type 2 secured correctional
17facility in which the juvenile is placed, may place the juvenile in a less restrictive
18placement, and may return the juvenile to the Type 2 secured correctional facility
19without a hearing under sub. (1). The child welfare agency shall establish a rate for
20each type of placement in the manner provided in s. 46.037.
SB624,53,621 2. If a juvenile is placed in a Type 2 child caring institution under s. 938.34 (4d)
22and it appears that a less restrictive placement would be appropriate for the juvenile,
23the child welfare agency operating the Type 2 child caring institution shall notify the
24county department that has supervision over the juvenile and, if the county
25department agrees to a change in placement under this subdivision, the child welfare

1agency may place the juvenile in a less restrictive placement. A child welfare agency
2may also, with the agreement of the county department that has supervision over a
3juvenile who is placed in a less restrictive placement under this subdivision, return
4the juvenile to the Type 2 child caring institution without a hearing under sub. (1).
5The child welfare agency shall establish a rate for each type of placement in the
6manner provided in s. 46.037.
SB624,53,97 3. The child welfare agency operating the Type 2 child caring institution shall
8send written notice of a change in placement under subd. 1. or 2. to the parent,
9guardian, legal custodian, county, department and committing court.
SB624,53,1110 4. A juvenile may seek review of a decision of the department or county
11department under subd. 1. or 2. only by the common law writ of certiorari.
SB624, s. 107 12Section 107. 938.365 (6) of the statutes, as created by 1995 Wisconsin Act 77,
13is amended to read:
SB624,53,2214 938.365 (6) If a request to extend a dispositional order is made prior to the
15termination of the order, but the court is unable to conduct a hearing on the request
16prior to the termination date, the court may extend the order for a period of not more
17than 30 days, not including any period of delay resulting from any of the
18circumstances specified in s. 938.315 (1). The court shall grant appropriate relief as
19provided in s. 938.315 (3) with respect to any request to extend a dispositional order
20on which a hearing is not held within the time limit specified in this subsection.
21Failure to object if a hearing is not held within the time limit specified in this
22subsection waives that time limit.
SB624, s. 108 23Section 108. 938.371 of the statutes, as created by 1995 Wisconsin Act 77, is
24amended to read:
SB624,54,10
1938.371 Access to certain information by substitute care provider.
2(intro.) At the time of placement of a juvenile in a foster home, treatment foster
3home,
group home or, child caring institution or secured correctional facility under
4s. 938.183 (2), 938.34, 938.345 or 938.357, or, if the information specified in this
5section is not available at that time, within 30 days after the date of the placement,
6the agency that prepared the juvenile's permanency plan shall provide the foster
7parent, treatment foster parent or operator of the group home or, child caring
8institution or secured correctional facility with any information contained in the
9court report submitted under s. 938.33 or permanency plan submitted under s.
10938.38, relating to any of the following:
SB624,54,18 11(1) Results of a test or a series of tests of the juvenile to determine the presence
12of HIV, as defined in s. 968.38 (1) (b), antigen or nonantigenic products of HIV, or an
13antibody to HIV, if the juvenile's parent or a temporary or permanent guardian
14appointed by the court has consented to the test under s. 252.15 (2) (a) 4. b. and
15release of the test results under s. 252.15 (5) (a) 19. and the agency directed to
16prepare the permanency plan notifies the foster parent, treatment foster parent or
17operator of the group home or, child caring institution or secured correctional facility
18of the confidentiality requirements under s. 252.15 (6).
SB624,54,22 19(2) Results of any tests of the juvenile to determine the presence of viral
20hepatitis, type B. The foster parent, treatment foster parent or operator of a group
21home or, child caring institution or secured correctional facility receiving
22information under this subsection shall keep the information confidential.
SB624,55,2 23(3) Findings or opinions of the court or agency that prepared the court report
24or permanency plan relating to any mental, emotional, cognitive, developmental or
25behavioral disability of the juvenile. The foster parent, treatment foster parent or

1operator of a group home or, child caring institution or secured correctional facility
2receiving information under this subsection shall keep the information confidential.
SB624, s. 109 3Section 109. 938.38 (5m) of the statutes, as created by 1995 Wisconsin Act 77,
4is repealed.
SB624, s. 110 5Section 110. 938.396 (1m) (am) of the statutes is created to read:
SB624,55,96 938.396 (1m) (am) If requested by a school district administrator of a public
7school district, a law enforcement agency may provide to the school district
8administrator any information in its records relating to the illegal possession by a
9juvenile of a dangerous weapon, as defined in s. 939.22 (10).
SB624, s. 111 10Section 111. 938.396 (2) (am) of the statutes, as created by 1995 Wisconsin Act
1177
, is amended to read:
SB624,55,1812 938.396 (2) (am) Upon the written permission of the parent, guardian or legal
13custodian of a juvenile who is the subject of a record of a court specified in par. (a),
14or upon request of the juvenile if 14 years of age or over, the court shall open for
15inspection by the person named in the permission any records specifically identified
16by the parent, guardian, legal custodian or juvenile in the written permission, unless
17the court finds, after due notice and hearing, that inspection of those records by the
18person named in the permission would result in imminent danger to the child
.
SB624, s. 112 19Section 112. 938.396 (2m) (a) of the statutes, as created by 1995 Wisconsin Act
2077
, is amended to read:
SB624,56,221 938.396 (2m) (a) Notwithstanding sub. (2), upon request, a court shall open for
22inspection by the requester the records of the court, other than reports under s.
23938.295 or 938.33 or other records that deal with sensitive personal information of
24the juvenile and the juvenile's family, relating to a juvenile who has been alleged to
25be delinquent for committing a violation specified in s. 939.62 (2m) (a) 1., 2. or 3. or

1a violation of s. 948.30 (1) or for conspiracy under s. 939.31 to commit any violation

2938.34 (4h) (a). The requester may further disclose the information to anyone.
SB624, s. 113 3Section 113. 938.396 (7) (c) of the statutes, as created by 1995 Wisconsin Act
477
, is amended to read:
SB624,56,235 938.396 (7) (c) No information from the juvenile's court records, other than
6information disclosed under par. (a), (b) or (bm), may be disclosed to the school board
7of the school district in which the juvenile is enrolled or the school board's designee
8except by order of the court. Any information provided under this subsection to the
9school board of the school district in which the juvenile is enrolled or the school
10board's designee shall be disclosed by the school board or designee to employes of the
11school district who work directly with the juvenile or who have been determined by
12the school board or designee to have legitimate educational or safety interests,
13including safety interests,
in the information. A school district employe to whom
14information is disclosed under this paragraph shall not further disclose the
15information. A school board shall not use any information provided under this
16subsection as the sole basis for expelling or suspending a juvenile. A school board
17member or an employe of a school district may not be held personally liable for any
18damages caused by the nondisclosure of any information specified in this paragraph
19unless the member or employe acted with actual malice in failing to disclose the
20information. A school district may not be held liable for any damages caused by the
21nondisclosure of any information specified in this paragraph unless the school
22district or its agent acted with gross negligence or with reckless, wanton or
23intentional misconduct in failing to disclose the information.
SB624, s. 114 24Section 114. 938.396 (8) of the statutes, as created by 1995 Wisconsin Act 77,
25is amended to read:
SB624,57,7
1938.396 (8) Notwithstanding sub. (2), if a juvenile is adjudged delinquent for
2an act that would be a felony if committed by an adult, the court clerk shall notify
3the department of justice of that fact. No other information from the juvenile's court
4records may be disclosed to the department of justice except by order of the court.
5The department of justice may disclose any information provided under this
6subsection only as part of a criminal history firearms restrictions record search
7under s. 175.35 (2g) (c).
SB624, s. 115 8Section 115. 938.51 (1) (d) of the statutes is created to read:
SB624,57,109 938.51 (1) (d) Notify any witness who testified against the juvenile in any court
10proceeding involving the delinquent act if all of the following apply:
SB624,57,1111 1. The witness can be found.
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