938.549(2)
(2) A county may use the juvenile classification system to do any of the following:
938.549(2)(a)
(a) At the time of an intake inquiry, determine whether to close a case, enter into a deferred prosecution agreement or refer the case to the district attorney.
938.549(2)(b)
(b) At the time of disposition, recommend a placement and a plan of rehabilitation, treatment and care for the juvenile.
938.549(2)(c)
(c) After disposition, determine the level or intensity of supervisory contacts required for a juvenile under county supervision.
938.549(3)
(3) Subject to the availability of resources, the department may provide training and technical assistance in the use of the juvenile classification system to any county that requests that training and technical assistance.
938.549 History
History: 1995 a. 77.
COUNTY JUVENILE WELFARE SERVICES
938.57
938.57
Powers and duties of county departments providing juvenile welfare services. 938.57(1)
(1) Each county department shall administer and expend such amounts as may be necessary out of any moneys which may be appropriated for juvenile welfare purposes by the county board of supervisors or donated by individuals or private organizations. A county department may do any of the following:
938.57(1)(a)
(a) Investigate the conditions surrounding delinquent juveniles and juveniles in need of protection or services within the county and take every reasonable action within its power to secure for them the full benefit of all laws enacted for their benefit. Unless provided by another agency, the county department shall offer social services to the caretaker of any juvenile who is referred to it under the conditions specified in this paragraph. This duty shall be discharged in cooperation with the court and with the public officers or boards legally responsible for the administration and enforcement of these laws.
938.57(1)(b)
(b) Accept legal custody or supervision of juveniles transferred to it by the court under
s. 938.355 and provide special treatment and care if ordered by the court. Except as provided in
s. 938.505 (2), a court may not order a county department to administer psychotropic medications to juveniles who receive special treatment or care under this paragraph.
938.57(1)(c)
(c) Provide appropriate protection and services for juveniles in its care, including providing services for juveniles and their families in their own homes, placing the juveniles in licensed foster homes, licensed treatment foster homes or licensed group homes in this state or another state within a reasonable proximity to the agency with legal custody or contracting for services for them by licensed child welfare agencies or replacing them in secured correctional facilities, secured child caring institutions or secured group homes in accordance with rules promulgated under
ch. 227, except that the county department may not purchase the educational component of private day treatment programs unless the county department, the school board as defined in
s. 115.001 (7) and the state superintendent of public instruction all determine that an appropriate public education program is not available. Disputes between the county department and the school district shall be resolved by the state superintendent of public instruction.
938.57(1)(cm)
(cm) Provide appropriate services for juveniles who are referred to the county department by a municipal court, except that if the funding, staffing or other resources of the county department for juvenile welfare services are insufficient to meet the needs of all juveniles who are eligible to receive services from the county department, the county department shall give first priority to juveniles who are referred to the county department by the court assigned to exercise jurisdiction under this chapter and
ch. 48.
938.57(1)(d)
(d) Provide for the moral and religious training of juveniles in its care according to the religious belief of the juvenile or of his or her parents.
938.57(1)(g)
(g) Upon request of the department, provide service for any juvenile in the care of the department.
938.57(1)(h)
(h) Contract with any parent or guardian or other person for the care and maintenance of any juvenile.
938.57(2)
(2) In performing the functions specified in
sub. (1) the county department may avail itself of the cooperation of any individual or private agency or organization interested in the social welfare of juveniles in the county.
938.57(3)(a)(a) From the reimbursement received under
s. 46.495 (1) (d), counties may provide funding for the maintenance of any juvenile who meets all of the following qualifications:
938.57(3)(a)2.
2. Is enrolled in and regularly attending a secondary education classroom program leading to a high school diploma.
938.57(3)(a)4.
4. Is living in a foster home, treatment foster home, group home or child caring institution.
938.57(3)(b)
(b) The funding provided for the maintenance of a juvenile under
par. (a) shall be in an amount equal to that to which the juvenile would receive under
s. 46.495 (1) (d) if the juvenile were 16 years of age.
938.57(4)
(4) A county department may provide aftercare supervision under
s. 938.34 (4n) for juveniles who are released from secured correctional facilities, secured child caring institutions or secured group homes. If a county department intends to change its policy regarding whether the county department or the department shall provide aftercare supervision for juveniles released from secured correctional facilities, secured child caring institutions or secured group homes, the county executive or county administrator, or, if the county has no county executive or county administrator, the chairperson of the county board of supervisors, or, for multicounty departments, the chairpersons of the county boards of supervisors jointly, shall submit a letter to the department stating that intent before July 1 of the year preceding the year in which the policy change will take effect.
938.57 History
History: 1995 a. 77;
1997 a. 27,
35;
1999 a. 9.
938.59
938.59
Examination and records. 938.59(1)
(1) The county department shall investigate the personal and family history and environment of any juvenile transferred to its legal custody or placed under its supervision under
s. 938.34 (4d) or
(4n) and make any physical or mental examinations of the juvenile considered necessary to determine the type of care necessary for the juvenile. The county department shall screen a juvenile who is examined under this subsection 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. The county department shall keep a complete record of the information received from the court, the date of reception, all available data on the personal and family history of the juvenile, the results of all tests and examinations given the juvenile and a complete history of all placements of the juvenile while in the legal custody or under the supervision of the county department.
938.59(2)
(2) At the department's request, the county department shall report to the department regarding juveniles in the legal custody or under the supervision of the county department.
938.59 History
History: 1995 a. 77,
352.
938.595
938.595
Duration of control of county departments over delinquents. Except as provided in
s. 48.366, a juvenile who has been adjudged delinquent and placed under the supervision of a county department under
s. 938.34 (4d) or
(4n) shall be discharged as soon as the county department determines that there is a reasonable probability that it is no longer necessary either for the rehabilitation and treatment of the juvenile or for the protection of the public that the county department retain supervision.
938.595 History
History: 1995 a. 77,
352.
GENERAL PROVISIONS ON RECORDS
938.78
938.78
Confidentiality of records. 938.78(1)
(1) In this section, unless otherwise qualified, "agency" means the department, a county department or a licensed child welfare agency.
938.78(2)(a)(a) No agency may make available for inspection or disclose the contents of any record kept or information received about an individual in its care or legal custody, except as provided under
sub. (3) or
s. 938.371,
938.38 (5) (b) or
(d) or
938.51 or by order of the court.
938.78(2)(ag)
(ag) Paragraph (a) does not prohibit an agency from making available for inspection or disclosing the contents of a record, upon the request of the parent, guardian or legal custodian of the juvenile who is the subject of the record or upon the request of the juvenile, if 14 years of age or over, to the parent, guardian, legal custodian or juvenile, unless the agency finds that inspection of those records by the juvenile, parent, guardian or legal custodian would result in imminent danger to anyone.
938.78(2)(am)
(am) Paragraph (a) does not prohibit an agency from making available for inspection or disclosing the contents of a record, upon the written permission of the parent, guardian or legal custodian of the juvenile who is the subject of the record or upon the written permission of the juvenile, if 14 years of age or over, to the person named in the permission if the parent, guardian, legal custodian or juvenile specifically identifies the record in the written permission, unless the agency determines that inspection of those records by the person named in the permission would result in imminent danger to anyone.
938.78(2)(b)1.1. Paragraph (a) does not apply to the confidential exchange of information between an agency and another social welfare agency, a law enforcement agency, the victim-witness coordinator, a fire investigator under
s. 165.55 (15), a public school district or a private school regarding an individual in the care or legal custody of the agency. A social welfare agency that obtains information under this paragraph shall keep the information confidential as required under this section and
s. 48.78. A law enforcement agency that obtains information under this paragraph shall keep the information confidential as required under
ss. 48.396 (1) and
938.396 (1). A public school that obtains information under this paragraph shall keep the information confidential as required under
s. 118.125 and a private school that obtains information under this paragraph shall keep the information confidential in the same manner as is required of a public school under
s. 118.125.
938.78(2)(b)2.
2. On petition of an agency to review pupil records, as defined in
s. 118.125 (1) (d), other than pupil records that may be disclosed without court order under
s. 118.125 (2) or
(2m), for the purpose of providing treatment or care for an individual in the care or legal custody of the agency, the court may order the school board of the school district, or the governing body of the private school, in which an individual is enrolled to disclose to the agency the pupil records of the individual as necessary for the agency to provide that treatment or care. The agency may use the pupil records only for the purpose of providing treatment or care and may make the pupil records available only to employees of the agency who are providing treatment or care for the individual.
938.78(2)(d)
(d) Paragraph (a) does not prohibit the department of health and family services or a county department from disclosing information about an individual formerly in the legal custody or under the supervision of that department under s.
48.34 (4m), 1993 stats., or formerly under the supervision of that department or county department under s.
48.34 (4n), 1993 stats., or
s. 938.34 (4d) or
(4n) to the department of corrections, if the individual is at the time of disclosure any of the following:
938.78(2)(e)
(e) Paragraph (a) does not prohibit the department from disclosing information about an individual adjudged delinquent under
s. 938.183 or
938.34 for a sexually violent offense, as defined in
s. 980.01 (6), to the department of justice, or a district attorney or a judge acting under
ch. 980 or to an attorney who represents a person subject to a petition under
ch. 980. The court in which the petition under
s. 980.02 is filed may issue any protective orders that it determines are appropriate concerning information disclosed under this paragraph.
938.78(2)(g)
(g) Paragraph (a) does not prohibit an agency from disclosing information about an individual in its care or legal custody on the written request of the department of regulation and licensing or of any interested examining board or affiliated credentialing board in that department for use in any investigation or proceeding relating to any alleged misconduct by any person who is credentialed or who is seeking credentialing under
ch. 448,
455 or
457. Unless authorized by an order of the court, the department of regulation and licensing and any examining board or affiliated credentialing board in that department shall keep confidential any information obtained under this paragraph and may not disclose the name of or any other identifying information about the individual who is the subject of the information disclosed, except to the extent that redisclosure of that information is necessary for the conduct of the investigation or proceeding for which that information was obtained.
938.78(3)
(3) If a juvenile adjudged delinquent under s.
48.12, 1993 stats., or s.
938.12 or found to be in need of protection or services under s.
48.13 (12), 1993 stats., or s.
48.13 (14), 1993 stats., or
s. 938.13 (12) or
(14) on the basis of a violation of
s. 941.10,
941.11,
941.20,
941.21,
941.23,
941.235,
941.237,
941.24,
941.26,
941.28,
941.295,
941.298,
941.30,
941.31,
941.32,
941.325,
943.02,
943.03,
943.04,
943.10 (2) (a),
943.23 (1g),
(1m) or
(1r),
943.32 (2),
948.02,
948.025,
948.03,
948.05,
948.055,
948.60,
948.605 or
948.61 or any crime specified in
ch. 940 has escaped from a secured correctional facility, child caring institution, secured group home, inpatient facility, as defined in
s. 51.01 (10), secure detention facility or juvenile portion of a county jail, or from the custody of a peace officer or a guard of such a facility, institution or jail, or has been allowed to leave a secured correctional facility, child caring institution, secured group home, inpatient facility, secure detention facility or juvenile portion of a county jail for a specified time period and is absent from the facility, institution, home or jail for more than 12 hours after the expiration of the specified period, the department or county department having supervision over the juvenile may release the juvenile's name and any information about the juvenile that is necessary for the protection of the public or to secure the juvenile's return to the facility, institution, home or jail. The department of corrections shall promulgate rules establishing guidelines for the release of the juvenile's name or information about the juvenile to the public.
938.78 Annotation
Since a juvenile has a constitutional right to both inspect and reply to a hearing examiner's report on the revocation of aftercare supervision, s. 48.78 does not prevent a juvenile from having access to the report. State ex rel. R.R. v. Schmidt,
63 Wis. 2d 82,
216 N.W.2d 18.
938.78 Note
NOTE: The above annotation cites to s. 48.78, the predecessor statute to s. 938.78.
COMMUNITY SERVICES
938.795
938.795
Powers of the department. The department may do all of the following:
938.795(1)
(1) Collect and collaborate with other agencies in collecting statistics and information useful in determining the cause and amount of delinquency and crime in this state or in carrying out the powers and duties of the department.
938.795(2)
(2) Assist communities in their efforts to combat delinquency and social breakdown likely to cause delinquency and crime and assist them in setting up programs for coordinating the total community program, including the improvement of law enforcement.
938.795(3)
(3) Assist schools in extending their particular contribution in locating and helping juveniles vulnerable to delinquency and crime and in improving their services to all youth.
938.795(4)
(4) Develop and maintain an enlightened public opinion in support of a program to control delinquency and crime.
938.795 History
History: 1995 a. 77.
MISCELLANEOUS PROVISIONS
938.988
938.988
Interstate placement of juveniles. Sections 48.988 and
48.989 apply to the interstate placement of juveniles.
938.988 History
History: 1995 a. 77.
938.991
938.991
Interstate compact on juveniles. The following compact, by and between the state of Wisconsin and any other state which has or shall hereafter ratify or legally join in the same, is ratified and approved:
INTERSTATE COMPACT ON JUVENILES.
The contracting states solemnly agree:
938.991(1)
(1) Article I - Findings and Purposes. That juveniles who are not under proper supervision and control, or who have absconded, escaped or run away, are likely to endanger their own health, morals and welfare, and the health, morals and welfare of others. The cooperation of the states party to this compact is therefore necessary to provide for the welfare and protection of juveniles and of the public with respect to (1) cooperative supervision of delinquent juveniles on probation, extended supervision or parole; (2) the return, from one state to another, of delinquent juveniles who have escaped or absconded; (3) the return, from one state to another, of nondelinquent juveniles who have run away from home; and (4) additional measures for the protection of juveniles and of the public, which any 2 or more of the party states may find desirable to undertake cooperatively. In carrying out the provisions of this compact the party states shall be guided by the noncriminal, reformative and protective policies which guide their laws concerning delinquent, neglected or dependent juveniles generally. It shall be the policy of the states party to this compact to cooperate and observe their respective responsibilities for the prompt return and acceptance of juveniles and delinquent juveniles who become subject to the provisions of this compact. The provisions of this compact shall be reasonably and liberally construed to accomplish the foregoing purposes.
938.991(2)
(2) Article II - Existing Rights and Remedies. That all remedies and procedures provided by this compact shall be in addition to and not in substitution for other rights, remedies and procedures, and shall not be in derogation of parental rights and responsibilities.
938.991(3)
(3) Article III - Definitions. That, for the purposes of this compact:
938.991(3)(a)
(a) "Court" means any court having jurisdiction over delinquent, neglected or dependent children.
938.991(3)(b)
(b) "Delinquent juvenile" means any juvenile who has been adjudged delinquent and who, at the time the provisions of this compact are invoked, is still subject to the jurisdiction of the court that has made such adjudication or to the jurisdiction or supervision of an agency or institution pursuant to an order of such court.
938.991(3)(c)
(c) "Probation, extended supervision or parole" means any kind of conditional release of juveniles authorized under the laws of the states party hereto.
938.991(3)(d)
(d) "Residence" or any variant thereof means a place at which a home or regular place of abode is maintained.
938.991(3)(e)
(e) "State" means any state, territory or possession of the United States, the District of Columbia, and the Commonwealth of Puerto Rico.
938.991(4)(a)(a) That the parent, guardian, person or agency entitled to legal custody of a juvenile who has not been adjudged delinquent but who has run away without the consent of that parent, guardian, person or agency may petition the appropriate court in the demanding state for the issuance of a requisition for the return of the juvenile. The petition shall state the name and age of the juvenile, the name of the petitioner and the basis of entitlement to the juvenile's custody, the circumstances of the juvenile's running away, the juvenile's location if known at the time application is made, and such other facts as may tend to show that the juvenile who has run away is endangering his or her welfare or the welfare of others and is not an emancipated minor. The petition shall be verified by affidavit, shall be executed in duplicate, and shall be accompanied by 2 certified copies of the document or documents on which the petitioner's entitlement to the juvenile's custody is based, such as birth certificates, letters of guardianship, or custody decrees. Further affidavits and other documents as may be deemed proper may be submitted with the petition. The judge of the court to which this application is made may hold a hearing thereon to determine whether for the purposes of this compact the petitioner is entitled to the legal custody of the juvenile, whether or not it appears that the juvenile has in fact run away without consent, whether or not the juvenile is an emancipated minor, and whether or not it is in the best interest of the juvenile to compel the return of the juvenile to the state. If the judge determines, either with or without a hearing, that the juvenile should be returned, the judge shall present to the appropriate court or to the executive authority of the state where the juvenile is alleged to be located a written requisition for the return of the juvenile. The requisition shall set forth the name and age of the juvenile, the determination of the court that the juvenile has run away without the consent of a parent, guardian, person or agency entitled to legal custody of the juvenile, and that the return of the juvenile is in the best interest and for the protection of the juvenile. In the event that a proceeding for the adjudication of the juvenile as a delinquent, neglected or dependent juvenile is pending in the court at the time when the juvenile runs away, the court may issue a requisition for the return of the juvenile upon its own motion, regardless of the consent of the parent, guardian, person or agency entitled to legal custody, reciting therein the nature and circumstances of the pending proceeding. The requisition shall in every case be executed in duplicate and shall be signed by the judge. One copy of the requisition shall be filed with the compact administrator of the demanding state, there to remain on file subject to the provisions of law governing records of the court. Upon the receipt of a requisition demanding the return of a juvenile who has run away, the court or the executive authority to whom the requisition is addressed shall issue an order to any peace officer or other appropriate person directing that person to take into custody and detain the juvenile. The detention order must substantially recite the facts necessary to the validity of its issuance hereunder. No juvenile detained upon a detention order shall be delivered over to the officer whom the court demanding the juvenile shall have appointed to receive the juvenile, unless the juvenile shall first be taken forthwith before a judge of a court in the state, who shall inform the juvenile of the demand made for his or her return, and who may appoint counsel or guardian ad litem for the juvenile. If the judge shall find that the requisition is in order, the judge shall deliver the juvenile over to the officer whom the court demanding the juvenile shall have appointed to receive the juvenile. The judge, however, may fix a reasonable time to be allowed for the purpose of testing the legality of the proceeding.
938.991(4)(am)
(am) Upon reasonable information that a person is a juvenile who has run away from another state party to this compact without the consent of a parent, guardian, person or agency entitled to that juvenile's legal custody, that juvenile may be taken into custody without a requisition and brought forthwith before a judge of the appropriate court who may appoint counsel or guardian ad litem for the juvenile and who shall determine after a hearing whether sufficient cause exists to hold the juvenile, subject to the order of the court, for the juvenile's own protection and welfare, for such a time not exceeding 90 days as will enable the return of the juvenile to another state party to this compact pursuant to a requisition for the return of the juvenile from a court of that state. If, at the time when a state seeks the return of a juvenile who has run away, there is pending in the state wherein the juvenile is found any criminal charge, or any proceeding to have the juvenile adjudicated a delinquent juvenile for an act committed in that state, or if the juvenile is suspected of having committed within that state a criminal offense or an act of juvenile delinquency, the juvenile shall not be returned without the consent of that state until discharged from prosecution or other form of proceeding, imprisonment, detention or supervision for the offense or juvenile delinquency. The duly accredited officers of any state party to this compact, upon the establishment of the officers' authority and the identity of the juvenile being returned, shall be permitted to transport the juvenile through any and all states party to this compact, without interference. Upon the return of the juvenile to the state from which the juvenile ran away, the juvenile shall be subject to further proceedings as may be appropriate under the laws of that state.
938.991(4)(b)
(b) That the state to which a juvenile is returned under this subsection shall be responsible for payment of the transportation costs of such return.
938.991(4)(c)
(c) That "juvenile" as used in this subsection means any person who is a minor under the law of the state of residence of the parent, guardian, person or agency entitled to legal custody of such minor.
938.991(5)
(5) Article V - Return of escapees and absconders. 938.991(5)(a)(a) That the appropriate person or authority from whose probation, extended supervision or parole supervision a delinquent juvenile has absconded or from whose institutional custody the delinquent juvenile has escaped shall present to the appropriate court or to the executive authority of the state where the delinquent juvenile is alleged to be located a written requisition for the return of the delinquent juvenile. The requisition shall state the name and age of the delinquent juvenile, the particulars of that person's adjudication as a delinquent juvenile, the circumstances of the breach of the terms of the delinquent juvenile's probation, extended supervision or parole or of the delinquent juvenile's escape from an institution or agency vested with legal custody or supervision of the delinquent juvenile, and the location of the delinquent juvenile, if known, at the time the requisition is made. The requisition shall be verified by affidavit, shall be executed in duplicate, and shall be accompanied by 2 certified copies of the judgment, formal adjudication, or order of commitment which subjects the delinquent juvenile to probation, extended supervision or parole or to the legal custody of the institution or agency concerned. Further affidavits and other documents as may be deemed proper may be submitted with the requisition. One copy of the requisition shall be filed with the compact administrator of the demanding state, there to remain on file subject to the provisions of law governing records of the appropriate court. Upon the receipt of a requisition demanding the return of a delinquent juvenile who has absconded or escaped, the court or the executive authority to whom the requisition is addressed shall issue an order to any peace officer or other appropriate person directing that person to take into custody and detain the delinquent juvenile. The detention order must substantially recite the facts necessary to the validity of its issuance hereunder. No delinquent juvenile detained upon a detention order shall be delivered over to the officer whom the appropriate person or authority demanding the delinquent juvenile shall have appointed to receive the delinquent juvenile, unless the delinquent juvenile shall first be taken forthwith before a judge of an appropriate court in the state, who shall inform the delinquent juvenile of the demand made for the return of the delinquent juvenile and who may appoint counsel or guardian ad litem for the delinquent juvenile. If the judge shall find that the requisition is in order, the judge shall deliver the delinquent juvenile over to the officer whom the appropriate person or authority demanding shall have appointed to receive the delinquent juvenile. The judge, however, may fix a reasonable time to be allowed for the purpose of testing the legality of the proceeding.
938.991(5)(am)
(am) Upon reasonable information that a person is a delinquent juvenile who has absconded while on probation, extended supervision or parole, or escaped from an institution or agency vested with legal custody or supervision of the person in any state party to this compact, the person may be taken into custody in any other state party to this compact without a requisition. In that event, the person must be taken forthwith before a judge of the appropriate court, who may appoint counsel or guardian ad litem for the person and who shall determine, after a hearing, whether sufficient cause exists to hold the person subject to the order of the court for a time, not exceeding 90 days, as will enable the person's detention under a detention order issued on a requisition pursuant to this subsection. If, at the time when a state seeks the return of a delinquent juvenile who has either absconded while on probation, extended supervision or parole or escaped from an institution or agency vested with legal custody or supervision of the delinquent juvenile, there is pending in the state wherein the delinquent juvenile is detained any criminal charge or any proceeding to have the delinquent juvenile adjudicated a delinquent juvenile for an act committed in that state, or if the delinquent juvenile is suspected of having committed within such state a criminal offense or an act of juvenile delinquency, the delinquent juvenile shall not be returned without the consent of that state until discharged from prosecution or other form of proceeding, imprisonment, detention or supervision for such offense or juvenile delinquency. The duly accredited officers of any state party to this compact, upon the establishment of the officers' authority and the identity of the delinquent juvenile being returned, shall be permitted to transport the delinquent juvenile through any and all states party to this compact, without interference. Upon the return of the delinquent juvenile to the state from which the delinquent juvenile escaped or absconded, the delinquent juvenile shall be subject to such further proceedings as may be appropriate under the laws of that state.
938.991(5)(b)
(b) That the state to which a delinquent juvenile is returned under this subsection shall be responsible for payment of the transportation costs of such return.
