938.396(5)(a)3.
3. The basis for the petitioner's belief that the information is contained in the records.
938.396(5)(a)4.
4. The relevance of the information sought to the petitioner's reason for seeking the information.
938.396(5)(a)5.
5. The petitioner's efforts to obtain the information from other sources.
938.396(5)(b)
(b) The court shall notify the juvenile, the juvenile's counsel, the juvenile'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.
938.396(5)(c)
(c) The court shall make an inspection, which may be in camera, of the juvenile'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 following private and societal interests:
938.396(5)(c)1.
1. The petitioner's interest in recovering for the injury, damage or loss he or she has suffered against the juvenile's interest in rehabilitation and in avoiding the stigma that might result from disclosure.
938.396(5)(c)2.
2. The public's interest in the redress of private wrongs through private litigation against the public's interest in protecting the integrity of the juvenile justice system.
938.396(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.
938.396(5)(e)
(e) The court shall record the reasons for its decision to disclose or not to disclose the juvenile's records. All records related to a decision under this subsection are confidential.
938.396(6)
(6) Notwithstanding
sub. (5), a victim of a juvenile's act or alleged act may, with the approval of the court, obtain the names of the juvenile and the juvenile's parents.
938.396(7)(a)(a) Notwithstanding
sub. (2) (a), if a petition under
s. 938.12 or
938.13 (12) is filed alleging that a juvenile has committed a delinquent act that would be a felony if committed by an adult, the court clerk shall notify the school board of the school district in which the juvenile is enrolled or the school board's designee of the fact that the petition has been filed and the nature of the delinquent act alleged in the petition. Notwithstanding
sub. (2) (a) and subject to
par. (b), if a juvenile is adjudged delinquent, within 5 days after the date on which the dispositional order is entered, the court clerk shall notify the school board of the school district in which the juvenile is enrolled or the school board's designee of the fact that the juvenile has been adjudicated delinquent, the nature of the violation committed by the juvenile and the disposition imposed on the juvenile under
s. 938.34 as a result of that violation. Notwithstanding
sub. (2) (a), if school attendance is a condition of a dispositional order under
s. 938.355 (2) (b) 7., within 5 days after the date on which the dispositional order is entered, the court clerk shall notify the school board of the school district in which the juvenile is enrolled or the school board's designee of the fact that the juvenile's school attendance is a condition of a dispositional order.
938.396(7)(b)
(b) If a juvenile is found to have committed a delinquent act at the request of or for the benefit of a criminal gang, as defined in
s. 939.22 (9), that would have been a felony under
chs. 939 to
948 or
961 if committed by an adult and is adjudged delinquent on that basis, within 5 days after the date on which the dispositional order is entered the court clerk shall notify the school board of the school district in which the juvenile is enrolled or the school board's designee of the fact that the juvenile has been adjudicated delinquent on that basis, the nature of the violation committed by the juvenile and the disposition imposed on the juvenile under
s. 938.34 as a result of that violation.
938.396(7)(bm)
(bm) Notwithstanding
sub. (2) (a), in addition to the disclosure made under
par. (a) or
(b), if a juvenile is adjudicated delinquent and as a result of the dispositional order is enrolled in a different school district from the school district in which the juvenile is enrolled at the time of the dispositional order, the court clerk, within 5 days after the date on which the dispositional order is entered, shall provide the school board of the juvenile's new school district or the school board's designee with the information specified in
par. (a) or
(b), whichever is applicable, and, in addition, shall notify that school board or designee of whether the juvenile has been adjudicated delinquent previously by that court, the nature of any previous violations committed by the juvenile and the dispositions imposed on the juvenile under
s. 938.34 as a result of those previous violations.
938.396(7)(c)
(c) No information from the juvenile's court records, other than information disclosed under
par. (a),
(b) or
(bm), may be disclosed to the school board of the school district in which the juvenile is enrolled or the school board's designee except by order of the court. Any information provided under this subsection to the school board of the school district in which the juvenile is enrolled or the school board's designee shall be disclosed by the school board or designee to employes of the school district who work directly with the juvenile or who have been determined by the school board or designee to have legitimate educational interests, including safety interests, in the information. A school district employe to whom information is disclosed under this paragraph shall not further disclose the information. A school board shall not use any information provided under this subsection as the sole basis for expelling or suspending a juvenile. A school board member or an employe of a school district may not be held personally liable for any damages caused by the nondisclosure of any information specified in this paragraph unless the member or employe acted with actual malice in failing to disclose the information. A school district may not be held liable for any damages caused by the nondisclosure of any information specified in this paragraph unless the school district or its agent acted with gross negligence or with reckless, wanton or intentional misconduct in failing to disclose the information.
938.396(8)
(8) Notwithstanding
sub. (2), if a juvenile is adjudged delinquent for an act that would be a felony if committed by an adult, the court clerk shall notify the department of justice of that fact. No other information from the juvenile's court records may be disclosed to the department of justice except by order of the court. The department of justice may disclose any information provided under this subsection only as part of a firearms restrictions record search under
s. 175.35 (2g) (c).
938.396 History
History: 1995 a. 27 s.
9126 (19);
1995 a. 77,
352,
440,
448.
JURISDICTION OVER PERSONS 17 OR OLDER
938.44
938.44
Jurisdiction over persons 17 or older. The court has jurisdiction over persons 17 years of age or over as provided under
ss. 938.355 (4) and
938.45 and as otherwise specifically provided in this chapter.
938.44 History
History: 1995 a. 77.
938.45
938.45
Orders applicable to adults. 938.45(1)(a)(a) If in the hearing of a case of a juvenile alleged to be delinquent under
s. 938.12 or in need of protection or services under
s. 938.13 it appears that any person 17 years of age or over has been guilty of contributing to, encouraging, or tending to cause by any act or omission, such condition of the juvenile, the court may make orders with respect to the conduct of such person in his or her relationship to the juvenile, including orders determining the ability of the person to provide for the maintenance or care of the juvenile and directing when, how and where funds for the maintenance or care shall be paid.
938.45(1)(b)
(b) An act or failure to act contributes to a condition of a juvenile as described in
s. 938.12 or
938.13, although the juvenile is not actually adjudicated to come within the provisions of
s. 938.12 or
938.13, if the natural and probable consequences of that act or failure to act would be to cause the juvenile to come within the provisions of
s. 938.12 or
938.13.
938.45(1m)(a)(a) In a proceeding in which a juvenile has been adjudicated delinquent or has been found to be in need of protection or services under
s. 938.13, the court may order the juvenile's parent, guardian or legal custodian to comply with any conditions determined by the court to be necessary for the juvenile's welfare. An order under this paragraph may include an order to participate in mental health treatment, anger management, individual or family counseling or parent training and education and to make a reasonable contribution, based on ability to pay, toward the cost of those services.
938.45(1m)(b)
(b) A court may not order inpatient treatment under
par. (a) for a juvenile's parent, guardian or legal custodian. All inpatient treatment commitments or admissions must be conducted in accordance with
ch. 51.
938.45(2)
(2) No order under
sub. (1) (a) or
(1m) (a) may be entered until the person who is the subject of the contemplated order is given an opportunity to be heard on the contemplated order. The court shall cause notice of the time, place and purpose of the hearing to be served on the person personally at least 10 days before the date of hearing. The procedure in these cases shall, as far as practicable, be the same as in other cases in the court. At the hearing the person may be represented by counsel and may produce and cross-examine witnesses. Any person who fails to comply with any order issued by a court under
sub. (1) (a) or
(1m) (a) may be proceeded against for contempt of court. If the person's conduct involves a crime, the person may be proceeded against under the criminal law.
938.45(3)
(3) If it appears at a court hearing that any person 17 or older has violated
s. 948.40, the court shall refer the record to the district attorney for criminal proceedings as may be warranted in the district attorney's judgment. This subsection does not prevent prosecution of violations of
s. 948.40 without the prior reference by the court to the district attorney, as in other criminal cases.
938.45 History
History: 1995 a. 77.
REHEARING AND APPEAL
938.46
938.46
New evidence. A juvenile whose status is adjudicated by the court under this chapter, or the juvenile's parent, guardian or legal custodian, may at any time within one year after the entering of the court's order petition the court for a rehearing on the ground that new evidence has been discovered affecting the advisability of the court's original adjudication. Upon a showing that such evidence does exist, the court shall order a new hearing.
938.46 History
History: 1995 a. 77.
AUTHORITY
938.48
938.48
Authority of department. The department may do all of the following:
938.48(1)
(1) Promote the enforcement of the laws relating to delinquent juveniles and juveniles in need of protection or services and take the initiative in all matters involving the interests of such juveniles where adequate provision therefor is not made. This duty shall be discharged in cooperation with the courts, county departments and licensed child welfare agencies and with parents and other individuals interested in the welfare of juveniles.
938.48(2)
(2) Assist in extending and strengthening juvenile welfare services with appropriate federal agencies and in conformity with the federal social security act and in cooperation with parents, other individuals and other agencies so that all juveniles needing such services are reached.
938.48(3)
(3) Accept supervision over juveniles transferred to it by the court under
s. 938.183,
938.34 (4h),
(4m) or
(4n) or
938.357 (4), and provide special treatment and care when directed by the court. Except as provided in
s. 938.505 (2), a court may not direct the department to administer psychotropic medications to juveniles who receive special treatment or care under this subsection.
938.48(4)
(4) Provide appropriate care and training for juveniles under its supervision under
s. 938.183,
938.34 (4h),
(4m) or
(4n) or
938.357 (4); including serving those juveniles in their own homes, placing them in licensed foster homes or licensed treatment foster homes in accordance with
s. 48.63 or licensed group homes, contracting for their care by licensed child welfare agencies or replacing them in juvenile correctional institutions or secured child caring institutions in accordance with rules promulgated under
ch. 227, except that the department may not purchase the educational component of private day treatment programs for juveniles in its custody unless the department, the school board as defined in
s. 115.001 (7) and the secretary of education all determine that an appropriate public education program is not available. Disputes between the department and the school district shall be resolved by the secretary of education.
938.48(4m)
(4m) Continue to provide appropriate care, training and services to any person who meets all of the following qualifications:
938.48(4m)(d)
(d) Is determined by the department to be in need of care and services designed to fit such person for gainful employment and has requested and consented to receive such aid.
938.48(5)
(5) Provide for the moral and religious training of a juvenile under its supervision under
s. 938.183,
938.34 (4h),
(4m) or
(4n) or
938.357 (4) according to the religious belief of the juvenile or of the juvenile's parents.
938.48(6)
(6) Consent to emergency surgery under the direction of a licensed physician or surgeon for any juvenile under its supervision under
s. 938.183,
938.34 (4h),
(4m) or
(4n) or
938.357 (4) upon notification by a licensed physician or surgeon of the need for such surgery and if reasonable effort, compatible with the nature and time limitation of the emergency, has been made to secure the consent of the juvenile's parent or guardian.
938.48(13)
(13) Promulgate rules for the payment of an allowance to juveniles in its institutions and a cash grant to a juvenile being discharged from its institutions or released to aftercare supervision.
938.48(14)
(14) Pay maintenance, tuition and related expenses from the appropriation under
s. 20.410 (3) [(am) and] (ho) for persons who when they reached 17 years of age were students regularly attending a school, college or university or regularly attending a course of vocational or technical training designed to fit them for gainful employment, and who when reaching that age were under the supervision of the department under
s. 938.183,
938.34 (4h),
(4m) or
(4n) or
938.357 (4) as a result of a judicial decision.
938.48 Note
NOTE: The bracketed language indicates a cross-reference to a provision which does not exist.
938.48 History
History: 1995 a. 77.
938.49
938.49
Notification by court of placement with department; information for department. 938.49(1)
(1) When the court places a juvenile in a secured correctional facility or secured child caring institution under the supervision of the department, the court shall immediately notify the department of that action. The court shall, in accordance with procedures established by the department, provide transportation for the juvenile to a receiving center designated by the department or deliver the juvenile to personnel of the department.
938.49(2)
(2) When the court places a juvenile in a secured correctional facility or a secured child caring institution under the supervision of the department, the court and all other public agencies shall also immediately transfer to the department a copy of the report submitted to the court under
s. 938.33 or, if the report was presented orally, a transcript of the report and all other pertinent data in their possession and shall immediately notify the juvenile's last school district in writing of its obligation under
s. 118.125 (4).
938.49 History
History: 1995 a. 77.
938.50
938.50
Examination of juveniles under supervision of department. 938.50(1)(1) The department shall examine every juvenile who is placed under its supervision to determine the type of placement best suited to the juvenile and to the protection of the public. This examination shall include an investigation of the personal and family history of the juvenile and his or her environment, any physical or mental examinations considered necessary to determine the type of placement that is necessary for the juvenile and the evaluation under
s. 938.533 (2) to determine whether the juvenile is eligible for corrective sanctions supervision or serious juvenile offender supervision. A juvenile who is examined under this subsection shall be screened to determine whether the juvenile is in need of special treatment or care because of alcohol or other drug abuse, mental illness or severe emotional disturbance.
938.50(2)
(2) In making this examination the department may use any facilities, public or private, that offer aid to it in the determination of the correct placement for the juvenile.
938.50 History
History: 1995 a. 77.
938.505
938.505
Juveniles placed under correctional supervision. 938.505(1)(1) When a juvenile is placed under the supervision of the department under
s. 938.183,
938.34 (4h),
(4m) or
(4n) or
938.357 (4) or
(5) (e) or under the supervision of a county department under
s. 938.34 (4n), the department or county department having supervision over the juvenile shall have the right and duty to protect, train, discipline, treat and confine the juvenile and to provide food, shelter, legal services, education and ordinary medical and dental care for the juvenile, subject to the rights, duties and responsibilities of the guardian of the juvenile and subject to any residual parental rights and responsibilities and the provisions of any court order.
938.505(2)(a)(a) If a juvenile 14 years of age or over who is under the supervision of the department or a county department as described in
sub. (1) and who is not residing in his or her home wishes to be administered psychotropic medication but a parent with legal custody or the guardian refuses to consent to the administration of psychotropic medication or cannot be found, or if there is no parent with legal custody, the department or county department acting on the juvenile's behalf may petition the court assigned to exercise jurisdiction under this chapter and
ch. 48 in the county in which the juvenile is located for permission to administer psychotropic medication to the juvenile. A copy of the petition and a notice of hearing shall be served upon the parent or guardian at his or her last-known address. If, after hearing, the court determines all of the following, the court shall grant permission for the department or county department to administer psychotropic medication to the juvenile without the parent's or guardian's consent:
938.505(2)(a)1.
1. That the parent's or guardian's consent is unreasonably withheld or that the parent or guardian cannot be found or that there is no parent with legal custody, except that the court may not determine that a parent's or guardian's consent is unreasonably withheld solely because the parent or guardian relies on treatment by spiritual means through prayer for healing in accordance with his or her religious tradition.
938.505(2)(a)2.
2. That the juvenile is 14 years of age or over and is competent to consent to the administration of psychotropic medication and that the juvenile voluntarily consents to the administration of psychotropic medication.
938.505(2)(a)3.
3. Based on the recommendation of a physician, that the juvenile is in need of psychotropic medication, that psychotropic medication is appropriate for the juvenile's needs and that psychotropic medication is the least restrictive treatment consistent with the juvenile's needs.
938.505(2)(b)
(b) The court may, at the request of the department or county department, temporarily approve the administration of psychotropic medication, for not more than 10 days after the date of the request, pending the hearing on the petition, which shall be held within those 10 days.
938.505 History
History: 1995 a. 77.
938.51
938.51
Notification of release or escape of juvenile from correctional custody. 938.51(1)
(1) At least 15 days prior to the date of release of a juvenile from a secured correctional facility or a secured child caring institution and at least 15 days prior to the release of a juvenile from the supervision of the department or a county department, the department or county department having supervision over the juvenile shall do all of the following:
938.51(1)(a)
(a) Notify all of the following local agencies in the community in which the juvenile will reside of the juvenile's return to the community:
938.51(1)(b)
(b) Notify any known victim of an act for which the juvenile has been found delinquent of the juvenile's release, if all of the following apply:
938.51(1)(c)
(c) Notify, if the victim died as a result of the juvenile's delinquent act and if the criteria under
par. (b) are met, an adult member of the victim's family or, if the victim is younger than 18 years old and if the criteria under
par. (b) are met, the victim's parent or legal guardian of the juvenile's release.
938.51(1)(d)
(d) Notify any witness who testified against the juvenile in any court proceeding involving the delinquent act of the juvenile's release if all of the following apply:
938.51(1m)
(1m) The department or county department having supervision over a juvenile shall determine the local agencies that it will notify under
sub. (1) (a) based on the residence of the juvenile's parents or on the juvenile's intended residence specified in the juvenile's aftercare supervision plan or, if those methods do not indicate the community in which the juvenile will reside following release from a secured correctional facility or from the supervision of the department or county department, the community in which the juvenile states that he or she intends to reside.
938.51(1r)
(1r) The notification under
sub. (1) shall include only the juvenile's name, the date of the juvenile's release and the type of placement to which the juvenile is released.
938.51(2)
(2) The department shall design and prepare cards for any person specified in
sub. (1) (b),
(c) or
(d) to send to the department or county department having supervision over the juvenile. The cards shall have space for any such person to provide his or her name, telephone number and mailing address, the name of the applicable juvenile and any other information that the department determines is necessary. The department shall provide the cards, without charge, to district attorneys. District attorneys shall provide the cards, without charge, to persons specified in
sub. (1) (b) to
(d). These persons may send completed cards to the department or county department having supervision over the juvenile.
