PERMANENCY PLANNING; RECORDS
938.38
938.38
Permanency planning. 938.38(1)(a)
(a) "Agency" means the department, a county department or a licensed child welfare agency.
938.38(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.
938.38(1)(b)
(b) "Permanency plan" means a plan designed to ensure that a juvenile is reunified with his or her family whenever appropriate, or that the juvenile quickly attains a placement or home providing long-term stability.
938.38(2)
(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:
938.38(2)(b)
(b) The juvenile is in the legal custody of the agency.
938.38(2)(d)
(d) The juvenile was placed under a voluntary agreement between the agency and the juvenile's parent under
s. 48.63 (1).
938.38(2)(e)
(e) The juvenile is under the guardianship of the agency.
938.38(3)
(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:
938.38(3)(a)
(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, the agency is not required to submit the permanency plan unless the court does not accept the recommendation of the agency. 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.
938.38(3)(b)
(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.
938.38(4)
(4) Contents of plan. The permanency plan shall include a description of all of the following:
938.38(4)(a)
(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.
938.38(4)(b)
(b) The basis for the decision to hold the juvenile in custody or to place the juvenile outside of his or her home.
938.38(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.
938.38(4)(c)
(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.
938.38(4)(d)
(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.
938.38(4)(e)
(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.
938.38(4)(f)
(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:
938.38(4)(f)1.
1. Ensure proper care and treatment of the juvenile and promote stability in the placement.
938.38(4)(f)2.
2. Meet the juvenile's physical, emotional, social, educational and vocational needs.
938.38(4)(f)3.
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.
938.38(4)(g)
(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.
938.38(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 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.
938.38(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.
938.38(5)(b)
(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.
938.38(5)(c)
(c) The court or the panel shall determine each of the following:
938.38(5)(c)1.
1. The continuing necessity for and the appropriateness of the placement.
938.38(5)(c)2.
2. The extent of compliance with the permanency plan by the agency and any other service providers, the juvenile's parents, the juvenile and the juvenile's guardian, if any.
938.38(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 juvenile and the juvenile's parents.
938.38(5)(c)4.
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.
938.38(5)(c)5.
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.
938.38(5)(c)6.
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:
938.38(5)(c)6.b.
b. Having a petition for the involuntary termination of parental rights filed on behalf of the juvenile.
938.38(5)(c)7.
7. Whether reasonable efforts were made by the agency to make it possible for the juvenile to return to his or her home.
938.38(5)(d)
(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.
938.38(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 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.
938.38(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 juvenile shall request a revision of the court order.
938.38(6)
(6) Rules. The department shall promulgate rules establishing the following:
938.38(6)(a)
(a) Procedures for conducting permanency plan reviews.
938.38(6)(c)
(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.
938.38(6)(d)
(d) The format for permanency plans and review panel reports.
938.38(6)(e)
(e) Standards and guidelines for decisions regarding the placement of juveniles.
938.38 History
History: 1995 a. 77,
275,
352.
938.38 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).
938.38 Note
NOTE: The above annotation cited to s. 48.38, the predecessor statute to s. 938.38.
938.39
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.
938.39 History
History: 1995 a. 77.
938.39 Annotation
The extension of a previously entered dispositional order due to the juvenile's participation in an armed robbery while subject to the order was not a "disposition" of the armed robbery charge, and the subsequent prosecution of the armed robbery charge in adult court did not violate s. 48.39 (now this section) or the constitutional protection against double jeopardy. State v. Stephens, 201 W (2d) 82, 548 NW (2d) 108 (Ct. App. 1996).
938.396(1)(1) Law enforcement officers' records of juveniles shall be kept separate from records of adults. Law enforcement officers' records of juveniles shall not be open to inspection or their contents disclosed except under
sub. (1b),
(1d),
(1g),
(1m),
(1r) or
(1t) 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 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.
938.396(1b)
(1b) If requested by the parent, guardian or legal custodian of a juvenile who is the subject of a law enforcement officer's report, or if requested by the juvenile, 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 juvenile a copy of that report.
938.396(1d)
(1d) Upon the written permission of the parent, guardian or legal custodian of a juvenile who is the subject of a law enforcement officer's report or upon the written permission of the juvenile, 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 juvenile in the written permission.
938.396(1g)
(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.
938.396(1m)(a)(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 or controlled substance analog by a pupil enrolled in the public school district. The information shall be used by the school district as provided under
s. 118.127 (2).
938.396(1m)(am)
(am) If requested by a school district administrator of a public school district, a law enforcement agency may, subject to official agency policy, provide to the school district administrator any information in its records relating to the illegal possession by a juvenile of a dangerous weapon, as defined in
s. 939.22 (10).
938.396(1m)(b)
(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 shall be used by the school district as provided in
s. 118.127 (3).
938.396(1m)(c)
(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.
938.396(1r)
(1r) If requested by a victim of a juvenile's act, a law enforcement agency may, subject to official agency policy, disclose to the victim 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.
938.396(1t)
(1t) If a juvenile who has been ordered to make restitution for any injury, loss or damage caused by the juvenile and if the juvenile has failed to make that restitution within one year after the entry of the order, the victim's insurer may request a law enforcement agency to disclose to the 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, and the law enforcement agency may, subject to official agency policy, disclose to the victim's insurer that information. The insurer may use and further disclose the information only for the purpose of investigating a claim arising out of the juvenile's act.
938.396(2)(a)(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 and
ch. 48 or as permitted under this section.
938.396(2)(ag)
(ag) Upon request of the parent, guardian or legal custodian of a juvenile who is the subject of a record of a court specified in
par. (a), or upon request of the juvenile, if 14 years of age or over, the court shall open for inspection by the parent, guardian, legal custodian or juvenile the records of the court relating to that juvenile, 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.
938.396(2)(am)
(am) Upon the written permission of the parent, guardian or legal custodian of a juvenile who is the subject of a record of a court specified in
par. (a), or upon request of the juvenile if 14 years of age or over, the court shall open for inspection by the person named in the permission any records specifically identified by the parent, guardian, legal custodian or juvenile 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.
938.396(2)(b)
(b) Upon request of the department of health and family services, the department of corrections 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.
938.396(2)(c)
(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
chs. 939 to
948 or
961 if committed by an adult.
938.396(2)(d)
(d) Upon request of a court of criminal jurisdiction or a district attorney 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.
938.396(2)(dm)
(dm) Upon request of a defense counsel to review court records for the purpose of preparing his or her client's defense to an allegation of delinquent or criminal activity, the court shall open for inspection by authorized representatives of the requester the records of the court relating to that client.
938.396(2)(e)
(e) Upon request of the department of corrections 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 corrections 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).
938.396(2)(em)
(em) Upon request of the department 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 the records of the court relating to any child who has been adjudicated delinquent or found not responsible by reason of mental disease or defect for an offense specified in
s. 301.45 (1) (a). The department may disclose information that it obtains under this paragraph as provided under
s. 301.46.
938.396(2)(f)
(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.
938.396(2)(fm)
(fm) Upon request of a victim's insurer, the court shall disclose to an authorized representative of the requester the amount of restitution, if any, that the court has ordered a juvenile to make to the victim.
938.396(2m)(a)(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. 938.34 (4h) (a). The requester may further disclose the information to anyone.
938.396(2m)(b)
(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.
