938.371(3)(d)
(d) Any involvement of the juvenile, whether as victim or perpetrator, in sexual intercourse or sexual contact in violation of
s. 940.225,
948.02 or
948.025, prostitution in violation of
s. 944.30, sexual exploitation of a child in violation of
s. 948.05 or causing a child to view or listen to sexual activity in violation of
s. 948.055, if the information is necessary for the care of the juvenile or for the protection of any person living in the foster home, treatment foster home, group home, child caring institution or secured correctional facility. The foster parent, treatment foster parent or operator of a group home, child caring institution or secured correctional facility receiving information under this paragraph shall keep the information confidential.
938.371(3)(e)
(e) The religious affiliation or belief of the juvenile.
938.373
938.373
Medical authorization. 938.373(1)
(1) The court assigned to exercise jurisdiction under this chapter and
ch. 48 may authorize medical services including surgical procedures when needed if the court assigned to exercise jurisdiction under this chapter and
ch. 48 determines that reasonable cause exists for the services and that the juvenile is within the jurisdiction of the court assigned to exercise jurisdiction under this chapter and
ch. 48 and, except as provided in
s. 938.296 (4) and
(5), consents.
938.373 History
History: 1995 a. 77;
1999 a. 188.
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. Subject to
s. 938.355 (2d) (c), 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, a secured child caring institution or a secured group home, 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, a secured child caring institution or a secured group home, 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, while assuring that the health and safety of the juvenile are the paramount concerns, and to make it possible for the juvenile to return safely home, except that the permanency plan need not include a description of those services offered or provided with respect to a parent of the juvenile if any of the circumstances specified in
s. 938.355 (2d) (b) 1.,
2.,
3. or
4. apply to that parent.
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 safe and appropriate placement with a relative of the juvenile and, if a decision is made not to place the juvenile with an available relative, why placement with the relative is not safe or 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 safety and 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 safe or 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 safety and 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 safe return of the juvenile to his or her home, or, if appropriate, obtain an alternative permanent placement for the juvenile.
938.38(4)(fm)
(fm) If the permanency plan calls for placing the juvenile for adoption, with a guardian or in some other alternative permanent placement, the efforts made to place the juvenile for adoption, with a guardian or in some other alternative permanent placement.
938.38(4)(g)
(g) The conditions, if any, upon which the juvenile will be returned safely 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 have an opportunity to be heard at the review by submitting written comments not less than 10 working days before the review or by participating at 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 safety and 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 safely 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 or placed for adoption, with a guardian or in some other alternative permanent placement.
938.38(5)(c)6.
6. If the juvenile has been placed outside of his or her home, as described in
s. 938.365 (1), for 15 of the most recent 22 months, 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 safely to his or her home, except that the court or panel need not determine whether those reasonable efforts were made with respect to a parent of the juvenile if any of the circumstances specified in
s. 938.355 (2d) (b) 1.,
2.,
3. or
4. apply to that parent.
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, while assuring that their health and safety are the paramount concerns, and to make it possible for juveniles to return safely 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 Annotation
The time limits in sub. (3) are not a prerequisite to trial court jurisdiction. Interest of Scott Y.
175 Wis. 2d 222,
499 N.W.2d 219 (Ct. App. 1993).
938.38 Note
NOTE: The above annotation cite 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 Wis. 2d 82,
548 N.W.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),
(1t),
(1x) or
(5) 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. A public school official who obtains information under this subsection shall keep the information confidential as required under
s. 118.125 and a private school official who obtains information under this subsection shall keep the information confidential in the same manner as is required of a public school official under
s. 118.125. A law enforcement agency that obtains information under this subsection shall keep the information confidential as required under this subsection and
s. 48.396 (1). A social welfare agency that obtains information under this subsection shall keep the information confidential as required under
ss. 48.78 and
938.78.
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. 950.06 (1m). 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) A law enforcement agency, on its own initiative or on the request of the school district administrator of a public school district, the administrator of a private school or the designee of the school district administrator or the private school administrator, may, subject to official agency policy, provide to the school district administrator, private school administrator or designee any information in its records relating to the use, possession or distribution of alcohol or a controlled substance or controlled substance analog by a juvenile enrolled in the public school district or private school. The information shall be used by the school district or private school as provided under
s. 118.127 (2).
938.396(1m)(am)
(am) A law enforcement agency, on its own initiative or on the request of the school district administrator of a public school district, the administrator of a private school or the designee of the school district administrator or the private school administrator, may, subject to official agency policy, provide to the school district administrator, private school administrator or designee any information in its records relating to the illegal possession by a juvenile of a dangerous weapon, as defined in
s. 939.22 (10). The information shall be used by the school district or private school as provided in
s. 118.127 (2).
938.396(1m)(ar)
(ar) A law enforcement agency, on its own initiative or on the request of the school district administrator of a public school district, the administrator of a private school or the designee of the school district administrator or the private school administrator, may, subject to official agency policy, provide to the school district administrator, private school administrator or designee any information in its records relating to an act for which a juvenile enrolled in the school district or private school was taken into custody under
s. 938.19 based on a law enforcement officer's belief that the juvenile was committing or had committed an act that is a violation specified in
s. 938.34 (4h) (a). The information shall be used by the school district or private school as provided in
s. 118.127 (2).
938.396(1m)(b)
(b) A law enforcement agency, on its own initiative or on the request of the school district administrator of a public school district, the administrator of a private school or the designee of the school district administrator or the private school administrator, may, subject to official agency policy, provide to the school district administrator, private school administrator or designee any information in its records relating to the act for which a juvenile enrolled in the public school district or private school was adjudged delinquent. The information shall be used by the school district or private school as provided in
s. 118.127 (2).
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, or the governing body of the private school, 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 employees of the law enforcement agency who are working on the investigation.
938.396(1m)(d)
(d) On petition of a fire investigator under
s. 165.55 (15) to review pupil records, as defined in
s. 118.125 (1) (d), other than pupils records that may be disclosed without a court order under
s. 118.125 (2) or
(2m), for the purpose of an investigation under
s. 165.55, the court may order the school board of the school district in which a juvenile is enrolled to disclose to the fire investigator the pupil records of that juvenile as necessary for the fire investigator to pursue his or her investigation. The fire investigator may use the pupil records only for the purpose of pursuing his or her investigation and may make the pupil records available only to employees of the fire investigator 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 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 insurer of the victim, as defined in
s. 938.02 (20m) (a) 1., 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(1x)
(1x) If requested by a fire investigator under
s. 165.55 (15), a law enforcement agency may, subject to official agency policy, disclose to the fire investigator any information in its records relating to a juvenile as necessary for the fire investigator to pursue his or her investigation under
s. 165.55. The fire investigator may use and further disclose the information only for the purpose of pursuing that investigation.
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, legal custodian or juvenile 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 written permission 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.
