48.375 Annotation
Essential holding of Roe v. Wade allowing abortion is upheld, but various state restrictions on abortion are permissible. Planned Parenthood v. Casey, 505 US 833, 120 LEd 2d 674 (1992).
PERMANENCY PLANNING; RECORDS
48.38
48.38
Permanency planning. 48.38(1)(1)
Definitions. In this section:
48.38(1)(a)
(a) "Agency" means the department, a county department or a licensed child welfare agency.
48.38(1)(am)
(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.
48.38(1)(b)
(b) "Permanency plan" means a plan designed to ensure that a child is reunified with his or her family whenever appropriate, or that the child quickly attains a placement or home providing long-term stability.
48.38(2)
(2) Permanency plan required. Except as provided in
sub. (3), for each child 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 child or arranged the placement or the agency assigned primary responsibility for providing services to the child under
s. 48.355 shall prepare a written permanency plan, if one of the following conditions exists:
48.38(2)(b)
(b) The child is in the legal custody of the agency.
48.38(2)(d)
(d) The child was placed under a voluntary agreement between the agency and the child's parent under
s. 48.63 (1).
48.38(2)(e)
(e) The child is under the guardianship of the agency.
48.38(3)
(3) Time. The agency shall file the permanency plan with the court within 60 days after the date on which the child was first held in physical custody or placed outside of his or her home under a court order, except that if the child 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 child is returned to his or her home within that period.
48.38(4)
(4) Contents of plan. The permanency plan shall include a description of all of the following:
48.38(4)(a)
(a) The services offered and any service provided in an effort to prevent holding or placing the child outside of his or her home, and to make it possible for the child to return home.
48.38(4)(b)
(b) The basis for the decision to hold the child in custody or to place the child outside of his or her home.
48.38(4)(bm)
(bm) The availability of a placement with a relative of the child and, if a decision is made not to place the child with an available relative, why placement with the relative is not appropriate.
48.38(4)(c)
(c) The location and type of facility in which the child is currently held or placed, and the location and type of facility in which the child will be placed.
48.38(4)(d)
(d) If the child is living more than 60 miles from his or her home, documentation that placement within 60 miles of the child's home is either unavailable or inappropriate.
48.38(4)(e)
(e) The appropriateness of the placement and of the services provided to meet the needs of the child 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 child or, if available, why such services are not appropriate.
48.38(4)(f)
(f) The services that will be provided to the child, the child's family and the child's foster parent, the child's treatment foster parent or the operator of the facility where the child is living to carry out the dispositional order, including services planned to accomplish all of the following:
48.38(4)(f)1.
1. Ensure proper care and treatment of the child and promote stability in the placement.
48.38(4)(f)2.
2. Meet the child's physical, emotional, social, educational and vocational needs.
48.38(4)(f)3.
3. Improve the conditions of the parents' home to facilitate the return of the child to his or her home, or, if appropriate, obtain an alternative permanent placement for the child.
48.38(4)(g)
(g) The conditions, if any, upon which the child will be returned to his or her home, including any changes required in the parents' conduct, the child's conduct or the nature of the home.
48.38(5)(a)(a) The court or a panel appointed under this paragraph shall review the permanency plan every 6 months from the date on which the child 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 child or the parents of the child whose permanency plan is the subject of the review.
48.38(5)(am)
(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.
48.38(5)(b)
(b) The court or the agency shall notify the parents of the child, the child if he or she is 12 years of age or older and the child's foster parent, the child's treatment foster parent or the operator of the facility in which the child 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 child's counsel and the child'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 child's case record.
48.38(5)(c)
(c) The court or the panel shall determine each of the following:
48.38(5)(c)1.
1. The continuing necessity for and the appropriateness of the placement.
48.38(5)(c)2.
2. The extent of compliance with the permanency plan by the agency and any other service providers, the child's parents, the child and the child's guardian, if any.
48.38(5)(c)3.
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 child and the child's parents.
48.38(5)(c)4.
4. The progress toward eliminating the causes for the child's placement outside of his or her home and toward returning the child to his or her home or obtaining a permanent placement for the child.
48.38(5)(c)5.
5. The date by which it is likely that the child will be returned to his or her home, placed for adoption, placed under legal guardianship or otherwise permanently placed.
48.38(5)(c)6.
6. If the child 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 child from:
48.38(5)(c)6.b.
b. Having a petition for the involuntary termination of parental rights filed on behalf of the child;
48.38(5)(c)7.
7. Whether reasonable efforts were made by the agency to make it possible for the child to return to his or her home.
48.38(5)(d)
(d) Notwithstanding
s. 48.78 (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 child's counsel and the child's guardian ad litem a copy of the permanency plan and any written comments submitted under
par. (b). Notwithstanding
s. 48.78 (2) (a), a person appointed to a review panel, the person representing the interests of the public, the child's counsel and the child's guardian ad litem may have access to any other records concerning the child for the purpose of participating in the review. A person permitted access to a child's records under this paragraph may not disclose any information from the records to any other person.
48.38(5)(e)
(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 child or the child's counsel or guardian ad litem, the person representing the interests of the public, the child's parent or guardian and the child's foster parent, the child's treatment foster parent or the operator of the facility where the child is living.
48.38(5)(f)
(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 child shall request a revision of the court order.
48.38(6)
(6) Rules. The department of health and family services shall promulgate rules establishing the following:
48.38(6)(a)
(a) Procedures for conducting permanency plan reviews.
48.38(6)(b)
(b) Requirements for training review panels.
48.38(6)(c)
(c) Standards for reasonable efforts to prevent placement of children outside of their homes and to make it possible for children to return to their homes if they have been placed outside of their homes.
48.38(6)(d)
(d) The format for permanency plans and review panel reports.
48.38(6)(e)
(e) Standards and guidelines for decisions regarding the placement of children.
48.38 History
History: 1983 a. 399;
1985 a. 70 ss.
1,
10;
1985 a. 176;
1985 a. 292 s.
3;
1985 a. 332;
1987 a. 383;
1989 a. 31,
86,
107;
1993 a. 377,
385,
395,
446,
491;
1995 a. 27 ss.
2474 to
2478,
9126 (19);
1995 a. 77,
143,
275.
48.38 Note
NOTE: 1993 Wis. Act 395, which affects subs. (5) and (5m), contains extensive explanatory notes.
48.38 Annotation
The time limits in sub. (3) are not a prerequisite to trial court jurisdiction. Interest of Scott Y. 175 W (2d) 222, 499 NW (2d) 219 (Ct. App. 1993).
48.396(1)(1) Law enforcement officers' records of children shall be kept separate from records of adults. Law enforcement officers' records of children shall not be open to inspection or their contents disclosed except under
sub. (1b) or
(1d) or
s. 48.293 or by order of the court. This subsection does not apply to the representatives of newspapers or other reporters of news who wish to obtain information for the purpose of reporting news without revealing the identity of the child involved, to the confidential exchange of information between the police and officials of the school attended by the child or other law enforcement or social welfare agencies or to children 10 years of age or older who are subject to the jurisdiction of the court of criminal jurisdiction.
48.396(1b)
(1b) If requested by the parent, guardian or legal custodian of a child who is the subject of a law enforcement officer's report, or if requested by the child, if 14 years of age or over, a law enforcement agency may, subject to official agency policy, provide to the parent, guardian, legal custodian or child a copy of that report.
48.396(1d)
(1d) Upon the written permission of the parent, guardian or legal custodian of a child who is the subject of a law enforcement officer's report or upon the written permission of the child, if 14 years of age or over, a law enforcement agency may, subject to official agency policy, make available to the person named in the permission any reports specifically identified by the parent, guardian, legal custodian or child in the written permission.
48.396(2)(a)(a) Records of the court assigned to exercise jurisdiction under this chapter and
ch. 938 and of courts exercising jurisdiction under
s. 48.16 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 and
ch. 938 or as permitted under this section or
s. 48.375 (7) (e).
48.396(2)(ag)
(ag) Upon request of the parent, guardian or legal custodian of a child who is the subject of a record of a court specified in
par. (a), or upon request of the child, if 14 years of age or over, the court shall open for inspection by the parent, guardian, legal custodian or child the records of the court relating to that child, unless the court finds, after due notice and hearing, that inspection of those records by the parent, guardian or legal custodian would result in imminent danger to anyone.
48.396(2)(am)
(am) Upon the written permission of the parent, guardian or legal custodian of a child who is the subject of a record of a court specified in
par. (a), the court shall open for inspection by the person named in the permission any records specifically identified by the parent, guardian, legal custodian or child in the written permission, unless the court finds, after due notice and hearing, that inspection of those records by the person named in the permission would result in imminent danger to anyone.
48.396(2)(b)
(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.
48.396(2)(dm)
(dm) Upon request of a court having jurisdiction over actions affecting the family, an attorney responsible for support enforcement under
s. 59.458 (1) [59.53 (6) (a)] or a party to a paternity proceeding under
ss. 767.45 to
767.60, the party's attorney or the guardian ad litem for the child who is the subject of that proceeding to review or be provided with information from the records of the court assigned to exercise jurisdiction under this chapter and
ch. 938 relating to the paternity of a child for the purpose of determining the paternity of the child or for the purpose of rebutting the presumption of paternity under
s. 891.405 or
891.41, the court assigned to exercise jurisdiction under this chapter and
ch. 938 shall open for inspection by the requester its records relating to the paternity of the child or disclose to the requester those records.
48.396 Note
NOTE: The bracketed language indicates the correct cross-reference. Corrective legislation is pending.
48.396(2)(f)
(f) Upon request of the department of corrections to review court records for the purpose of obtaining information concerning a child required to register under
s. 301.45, the court shall open for inspection by authorized representatives of the department of corrections the records of the court relating to any child who has been found in need of protection or services for an offense specified in
s. 301.45 (1) (a). The department of corrections may disclose information that it obtains under this paragraph as provided under
s. 301.46.
48.396(5)(a)(a) Any person who is denied access to a record under
sub. (1),
(1b) or
(1d) may petition the court to order the disclosure of the records governed by the applicable subsection. The petition shall be in writing and shall describe as specifically as possible all of the following:
48.396(5)(a)3.
3. The basis for the petitioner's belief that the information is contained in the records.
48.396(5)(a)4.
4. The relevance of the information sought to the petitioner's reason for seeking the information.
48.396(5)(a)5.
5. The petitioner's efforts to obtain the information from other sources.
48.396(5)(b)
(b) The court shall notify the child, the child's counsel, the child's parents and appropriate law enforcement agencies in writing of the petition. If any person notified objects to the disclosure, the court may hold a hearing to take evidence relating to the petitioner's need for the disclosure.
48.396(5)(c)
(c) The court shall make an inspection, which may be in camera, of the child's records. If the court determines that the information sought is for good cause and that it cannot be obtained with reasonable effort from other sources, it shall then determine whether the petitioner's need for the information outweighs society's interest in protecting its confidentiality. In making this determination, the court shall balance the petitioner's interest in obtaining access to the record against the child's interest in avoiding the stigma that might result from disclosure.
48.396(5)(d)
(d) If the court determines that disclosure is warranted, it shall order the disclosure of only as much information as is necessary to meet the petitioner's need for the information.
48.396(5)(e)
(e) The court shall record the reasons for its decision to disclose or not to disclose the child's records. All records related to a decision under this subsection are confidential.
48.396 History
History: 1971 c. 278;
1977 c. 354 s.
47;
1977 c. 449; Stats. 1977 s. 48.396;
1979 c. 300;
1979 c. 333 s.
5;
1983 a. 74 s.
32;
1983 a. 487,
538;
1985 a. 311,
332;
1987 a. 27,
180,
403;
1989 a. 31,
107,
145;
1991 a. 39,
263;
1993 a. 98,
195,
228,
334,
479,
491;
1995 a. 27 ss.
2479 to
2480m,
9126 (19);
1995 a. 77,
173,
275,
352,
440,
448.
48.396 Annotation
Discovery of juvenile police and court records discussed. State ex rel. Herget v. Waukesha Co. Cir. Ct. 84 W (2d) 435, 267 NW (2d) 309 (1978).
48.396 Annotation
See note to 967.06, citing State ex rel. S. M. O. 110 W (2d) 447, 329 NW (2d) 275 (Ct. App. 1982).
48.396 Annotation
Juvenile officers are not required to provide information concerning juvenile to school officials. School does not violate (1) by using information obtained from officer to take disciplinary action against student as long as school does not reveal reason for action. 69 Atty. Gen. 179.
48.396 Annotation
A sheriff's department may when evaluating an individual for an employment position consider information in its possession concerning the individual's juvenile record. 67 Atty. Gen. 327 is overruled.
79 Atty. Gen. 89.
TERMINATION OF PARENTAL RIGHTS
