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, not including any period during which the juvenile was a runaway from the out-of-home placement or the first 6 months of any period during which the juvenile was returned to his or her home for a trial home visit, 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)6.cm.
cm. Being placed in the home of a fit and willing relative of the juvenile.
938.38(5)(c)6.d.
d. Being placed in some other alternative permanent placement, including sustaining care, independent living, or long-term foster care.
938.38(5)(c)7.
7. Whether reasonable efforts were made by the agency to achieve the goal of the permanency plan, unless return of the juvenile to the home is the goal of the permanency plan and any of the circumstances specified in
s. 938.355 (2d) (b) 1. to
4. applies.
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(5m)(a)(a) The court shall hold a hearing to review the permanency plan and to make the determinations specified in
sub. (5) (c) no later than 12 months after the date on which the juvenile was first removed from the home and every 12 months after a previous hearing under this subsection for as long as the juvenile is placed outside the home.
938.38(5m)(b)
(b) Not less than 30 days before the date of the hearing, the court shall notify the juvenile; the juvenile's parent, guardian, and legal custodian; the juvenile's foster parent or treatment foster parent, the operator of the facility in which the juvenile is living, or the relative with whom the juvenile is living; the juvenile's counsel, and the juvenile's guardian ad litem; the agency that prepared the permanency plan; and the person representing the interests of the public of the date, time, and place of the hearing.
938.38(5m)(c)
(c) Any person who is provided notice of the hearing may have an opportunity to be heard at the hearing by submitting written comments relevant to the determinations specified in
sub. (5) (c) not less than 10 working days before the date of the hearing or by participating at the hearing. A foster parent, treatment foster parent, operator of a facility in which a juvenile is living, or relative with whom a juvenile is living who receives notice of a hearing under
par. (b) and an opportunity to be heard under this paragraph does not become a party to the proceeding on which the hearing is held solely on the basis of receiving that notice and opportunity to be heard.
938.38(5m)(d)
(d) At least 5 days before the date of the hearing the agency that prepared the permanency plan shall provide a copy of the permanency plan and any written comments submitted under
par. (c) to the court, to the juvenile's parent, guardian, and legal custodian, to the person representing the interests of the public, and to the juvenile's counsel or guardian ad litem. Notwithstanding
s. 938.78 (2) (a), the person representing the interests of the public and the juvenile's counsel or 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(5m)(e)
(e) After the hearing, the court shall make written findings of fact and conclusions of law relating to the determinations under
sub. (5) (c) and shall provide a copy of those findings of fact and conclusions of law to the juvenile; the juvenile's parent, guardian, and legal custodian; the juvenile's foster parent or treatment foster parent, the operator of the facility in which the juvenile is living, or the relative with whom the juvenile is living; the agency that prepared the permanency plan; and the person representing the interests of the public. The court shall make the findings specified in
sub. (5) (c) 7. on a case-by-case basis based on circumstances specific to the juvenile and shall document or reference the specific information on which those findings are based in the findings of fact and conclusions of law prepared under this paragraph. Findings of fact and conclusions of law that merely reference
sub. (5) (c) 7. without documenting or referencing that specific information in the findings of fact and conclusions of law or amended findings of fact and conclusions of law that retroactively correct earlier findings of fact and conclusions of law that do not comply with this paragraph are not sufficient to comply with this paragraph.
938.38(5m)(f)
(f) If the findings of fact and conclusions of law under
par. (e) conflict with the juvenile's dispositional order or provide for any additional services not specified in the dispositional order, the court shall revise the dispositional order under
s. 938.363 or order a change in placement under
s. 938.357, as appropriate.
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 cites 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 s. 938.39] or the constitutional protection against double jeopardy. State v. Stephens,
201 Wis. 2d 82,
548 N.W.2d 108 (Ct. App. 1996),
95-2103.
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 a violation of any state or federal criminal law. 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(1p)
(1p) A law enforcement agency may enter into an interagency agreement with a school board, a private school, a social welfare agency, or another law enforcement agency providing for the routine disclosure of information under
subs. (1) and
(1m) to the school board, private school, social welfare agency, or other law enforcement agency.
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 municipal courts exercising jurisdiction under
s. 938.17 (2) shall be entered in books or deposited in files kept for that purpose only. Those records 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 assigned to exercise jurisdiction under this chapter and
ch. 48 or of a municipal court exercising jurisdiction under
s. 938.17 (2), or upon request of the juvenile, if 14 years of age or over, the court that is the custodian of the record shall open for inspection by the parent, guardian, legal custodian, or juvenile its records relating to that juvenile, unless that 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 assigned to exercise jurisdiction under this chapter and
ch. 48 or of a municipal court exercising jurisdiction under
s. 938.17 (2), or upon written permission of the juvenile if 14 years of age or over, the court that is the custodian of the record 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 e that 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 setting bail under
ch. 969, impeaching a witness under
s. 906.09, or investigating and determining whether a person has possessed a firearm in violation of
s. 941.29 (2) or body armor in violation of
s. 941.291 (2) or upon request of a court of civil jurisdiction or the attorney for a party to a proceeding in that court to review court records for the purpose of impeaching a witness under
s. 906.09, 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 the subject of a proceeding under this chapter.
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)(dr)
(dr) Upon request of the department of corrections or any other person preparing a presentence investigation under
s. 972.15 to review court records for the purpose of preparing the presentence investigation, the court shall open for inspection by any authorized representative of the requester the records of the court relating to any juvenile who has been the subject of a proceeding under this chapter.
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 (1g) (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. 950.06 (1m), 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 an insurer of the victim, as defined in
s. 938.02 (20m) (a) 1., 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(2)(g)
(g) Upon request of a court having jurisdiction over actions affecting the family, an attorney responsible for support enforcement under
s. 59.53 (6) (a) or a party to a paternity proceeding under
ss. 767.45 to
767.60, the party's attorney or the guardian ad litem for the juvenile who is the subject of that proceeding to review or be provided with information from the records of the court assigned to exercise jurisdiction under this chapter and
ch. 48 relating to the paternity of a juvenile for the purpose of determining the paternity of the juvenile or for the purpose of rebutting the presumption of paternity under
s. 891.405 or
891.41, the court assigned to exercise jurisdiction under this chapter and
ch. 48 shall open for inspection by the requester its records relating to the paternity of the juvenile or disclose to the requester those records.
938.396(2)(gm)
(gm) Upon request of any court assigned to exercise jurisdiction under this chapter and
ch. 48, any municipal court exercising jurisdiction under
s. 938.17 (2), or a district attorney, corporation counsel, or city, village, or town attorney to review court records for the purpose of any proceeding in that court or upon request of the attorney or guardian ad litem for a party to a proceeding in that court to review court records for the purpose of that proceeding, the court assigned to exercise jurisdiction under this chapter and
ch. 48 or the municipal court exercising jurisdiction under
s. 938.17 (2) shall open for inspection by any authorized representative of the requester its records relating to any juvenile who has been the subject of a proceeding under this chapter.
938.396(2)(h)
(h) Upon request of the court having jurisdiction over an action affecting the family or of an attorney for a party or a guardian ad litem in an action affecting the family to review court records for the purpose of considering the custody of a juvenile, the court assigned to exercise jurisdiction under this chapter and
ch. 48 or a municipal court exercising jurisdiction under
s. 938.17 (2) shall open for inspection by an authorized representative of the requester its records relating to any juvenile who has been the subject of a proceeding under this chapter.
938.396(2)(i)
(i) Upon request of the court assigned to exercise probate jurisdiction, the attorney general, the personal representative or special administrator of, or an attorney performing services for, the estate of a decedent in any proceeding under
chs. 851 to
879, a person interested, as defined in
s. 851.21, or an attorney, attorney-in-fact, guardian ad litem or guardian of the estate of a person interested to review court records for the purpose of
s. 854.14 (5) (b), the court assigned to exercise jurisdiction under this chapter and
ch. 48 shall open for inspection by any authorized representative of the requester the records of the court relating to any juvenile who has been adjudged delinquent on the basis of unlawfully and intentionally killing a person.
938.396(2)(j)
(j) Upon request of a fire investigator under
s. 165.55 (15) to review court records for the purpose of pursuing an investigation under
s. 165.55, the court shall open for inspection by authorized representatives of the requester the records of the court relating to any juvenile who has been adjudicated delinquent or found to be in need of protection or services under
s. 938.13 (12) or
(14) for a violation of
s. 940.08,
940.24,
941.10,
941.11,
943.01,
943.012,
943.013,
943.02,
943.03,
943.04,
943.05,
943.06 or for an attempt to commit any of those violations.
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.
938.396(3)
(3) This section does not apply to proceedings for violations of
chs. 340 to
349 and
351 or any county or municipal ordinance enacted under
ch. 349, except that this section does apply to proceedings for violations of
ss. 342.06 (2) and
344.48 (1), and
ss. 30.67 (1) and
346.67 (1) when death or injury occurs.
938.396(4)
(4) When a court assigned to exercise jurisdiction under this chapter and
ch. 48 or a municipal court exercising jurisdiction under
s. 938.17 (2) revokes, suspends, or restricts a juvenile's operating privilege under this chapter, the department of transportation may not disclose information concerning or relating to the revocation, suspension, or restriction to any person other than a court assigned to exercise jurisdiction under this chapter and
ch. 48, a municipal court exercising jurisdiction under
s. 938.17 (2), a district attorney, county corporation counsel, or city, village, or town attorney, a law enforcement agency, the juvenile whose operating privilege is revoked, suspended, or restricted, or the juvenile's parent or guardian. Persons entitled to receive this information may not disclose the information to other persons or agencies.
938.396(5)(a)(a) Any person who is denied access to a record under
sub. (1),
(1b),
(1d),
(1g),
(1m),
(1r) or
(1t) may petition the court to order the disclosure of the records governed by the applicable subsection. The petition shall be in writing and shall describe as specifically as possible all of the following:
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) If the petitioner is seeking access to a record under
sub. (1),
(1b),
(1d),
(1g),
(1m) (c) or
(d),
(1r), or
(1t), 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)(bm)
(bm) If the petitioner is seeking access to a record under
sub. (1m) (a),
(am),
(ar), or
(b), the court shall, without notice or hearing, make the inspection and determinations specified in
par. (c) and, if the court determines that disclosure is warranted, shall order disclosure under
par. (d). The petitioner shall provide a copy of the disclosure order to the law enforcement agency that denied access to the record, the juvenile, the juvenile's counsel, and the juvenile's parents. Any of those persons may obtain a hearing on the court's determinations by filing a motion to set aside the disclosure order within 10 days after receipt of the order. If no motion is filed within those 10 days or if, after hearing, the court determines that no good cause has been shown for setting aside the order, the law enforcement agency shall disclose the juvenile's record as ordered.
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)(c)3.
3. If the petitioner is a person who was denied access to a record under
sub. (1m) (a),
(am),
(ar), or
(b), the petitioner's legitimate educational interests, including safety interests, in the information against society's interest in protecting its confidentiality.
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) The victim-witness coordinator may disclose to a victim of a juvenile's act or alleged act the name and address 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, or the governing body of the private school, in which the juvenile is enrolled or the designee of the school board or governing body of the fact that the petition has been filed and the nature of the delinquent act alleged in the petition. Notwithstanding
sub. (2) (a), if later the proceeding on the petition is closed, dismissed or otherwise terminated without a finding that the juvenile has committed a delinquent act, the court clerk shall notify the school board of the school district in which the juvenile is enrolled or the school board's designee that the proceeding has been terminated without a finding that the juvenile has committed a delinquent act.
